HomeMy WebLinkAbout2009-05-19 ResolutionMJ~
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Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 09-164
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2, 2009, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2009 PCC PAVEMENT PATCHING PROJECT,
DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND
DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 2ND day of June,
2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 19th day of
ATTEST: ~~
DEPUTY, CI ERK
2009.
Attorney's Office
s~,~~~
PwenglresUandfill toll 2009.doc
Resolution No. 09-164
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
~_
x
~_
x
x
X
x
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
~~
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Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 09-165
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 2, 2009, ON PLANS,
SPECIFICATIONS, FORM OF .CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE OLD HIGHWAY 218 RESURFACING [ESL-
3715(1ii43)--7S-52] PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 2"d day of June,
2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 19th day of
ATTEST: ~~~~~ t S1
DEPUTY, CI LERK
2009.
Pweng/res/oldhwy27 &setph.doc
5109
City Attorney's Office S-~ ~o ~
Resolution No. 09-165
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
-X_
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
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Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 09-166
RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 2, 2009, ON THE
PROPOSED RATE AMENDMENT FOR PARKING CITATIONS, PARKING
METERS AND MONTHLY PARKING PERMITS.
WHEREAS, the City of Iowa City proposes to amend pazking rates for all parking ramps,
lots, meters and monthly pazking permits, as well as the parking citation fines; and
WHEREAS, City Code requires that notice and public hearing on the proposed rate
amendments be provided to the public prior to enactment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. A public heazing is hereby set for 7:OOp.m. on June 2, 2009, to be held in the
Emma J. Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa, or if
said meeting is canceled at the next meeting of the City Council thereafter as
posted by the City Clerk, and that the City Clerk is hereby directed to cause
notice of said public heazing to be published as provided by law.
Passed and approved this 19th day of
Attest: ~~~ --51~
DEPUTY , CI LERK
'-nnn
City Attorney's Office
Approved by
s~ ~ 7
Resolution No. 09-166
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
~_
X
x
x
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
City of Iowa City
MEMORANDUM 2e3
TO: City Council
FROM: Chris O'Brien, Director of Transportation Services
DATE: May 13, 2009
RE: Proposed Parking Violation and other Fee Increases
In November 2008, the Transportation Services Department proposed a plan to address
congestion in Downtown Iowa City. One aspect of this plan involved amending aspects of
the parking violation fee structure in order to modify the behavior of those customers and
suppliers that are parking illegally. Following is a detailed description of the proposed
changes with an intended effective date of July 1, 2009.
Expired Meter Parking Citations
In the department's budget proposal for FY2010, an increase in expired meter fines from
$5.00 to $10.00 was proposed Since that time the department has implemented new
software that allows us to process these fines in a different manner. Rather than charge the
same flat rate for all expired meter violations, we are proposing a tiered system that
increases the dollar value of fines as the number of violations increases for an individual
vehicle owner. The graduated fee system would apply only to expired meter violations. For
example:
1St Offense -Warning Citation
2"a Offense - $5.00
3`a Offense - $10.00
4th Offense - $10.00
5th Offense - $15.00
6th Offense - $15.00
7th Offense - $20.00
8th Offense - $20.00
9th + Offense - $25.00
The department's intention is to "start over" every six months, meaning that every July 1 and
January 1, all violators' historical records would be purged and we would start everyone at
the first offense if they receive an expired meter citation after those dates. Under this
proposed system, visitors to Iowa City and infrequent violators are issued warning citations,
not a ticket. This would result in improved public relations for visitors and others less
familiar with City parking regulations. Conversely, those users who are habitual violators
would receive increasingly higher fines in order to modify their behavior.
Commercial Loading Zone and Other Citations
In the department's budget proposal for FY2010, an increase in commercial loading zone
fines from $10.00 to $25.00 was proposed. This significant increase would serve as a
May 13, 2009
Page 2
deterrent for people considering parking a private vehicle in the commercial loading zones.
Information gathered by the Planning and Community Development Department showed
that nearly 80%of vehicles parked in the commercial loading zones were private or
unmarked vehicles. As a result, this prevented actual commercial vehicles from utilizing
these zones, thereby forcing them to park illegally in order to make deliveries.
In addition to Commercial Loading Zone citations, an increase in all other $10.00 citations to
$15.00 was proposed. This includes citations such as Alley Parking, No Parking Anytime,
No Parking from Sam - 5pm, No Parking Here to Corner, etc.
Meter Rates
In the department's budget proposal for FY2010, staff proposed an increase in the parking
meter rate for "high demand" areas. Currently these areas have a meter rate of $.75 per
hour and an increase to $1.00 per hour is proposed. Information gathered by the Planning
and Community Development Department shows a peak occupancy rate of 98% for these
meters. In addition, it was determined that 39% of those users are "feeding" the meters.
The proposed increases are one aspect of our strategy to reduce congestion in downtown
Iowa City by encouraging long term parkers to utilize the public parking garages, which have
a lower per-hour rate of $.75. Encouraging more use of ramps through a financial incentive
would free up more parking for those that have short term parking needs in the high demand
area. Due to the increase in meter rates, an increase in the contractor parking stall rental
rate from $10.00 to $12.00 per day.
Monthly Parkins Permits
In the department's budget proposal for FY2010, staff proposed an increase in the monthly
parking permit rate for parking garages. All fees for permits in surface lots will remain at
$60.00 per month. These proposed changes would result in the following increases:
Current Proposed
• Capitol Street Garage $75.00 $80.00
• Dubuque Street Garage $65.00 $80.00
• Chauncey Swan Garage $60.00 $80.00
• Tower Place Garage $75.00 $80.00
• Court Street Transportation Center $60.00 $80.00
These proposed increases result in a rate that is comparable to the University of Iowa rate
for monthly permits in parking garages.
These changes were all included in the approved FY2010 budget with the exception of the
tiered expired meter citation proposal. I will be present at the May 18, 2009 City Council
work session to discuss your thoughts and answer your questions regarding our proposed
rate changes.
M-~
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 09-167
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, CORALVILLE, IOWA
FOR PROPERTY LOCATED AT 329 NORTH LUCAS STREET, IOWA CITY,
IOWA.
WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by
the owner of the property on June 6, 2005, recorded on June 7, 2005, in Book 3887,
Page 171 through Page 175, and on February 19, 2008, recorded on February 29, 2008,
in Book 4268, Page 66 through Page 71, in the Johnson County Recorder's Office
covering the following described real estate:
Commencing at the northeast corner of lot one (1) in block sixteen (16), in Iowa
City, Iowa, according to the recorded plat thereof, thence west sixty (60) feet,
thence south seventy-three (73) feet, thence east sixty (60) feet, thence north
seventy-three (73) feet to the place of beginning.
WHEREAS, Hills Bank and Trust has refinanced a mortgage to the owner of the
property located at 329 North Lucas Street and is securing the loan with a mortgage
covering the real estate described above; and
WHEREAS, Hills Bank and Trust, has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Hills Bank and Trust; and
WHEREAS, there is sufficient value in the above-described real estate to secure the City
as a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Hills Bank and Trust,
Coralville, Iowa.
Passed and approved this 19th day
20 O9 ,.
,~~oS
ATTEST:
DEPUTY,
City Attorney's Office
Resolution No. 09-167
Page 2
Ifi was moved by Champion -and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ ~ Bailey
g Champion
~_ Correia
g Hayek
~ O'Donnell
X Wilburn
x Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank
and Trust of Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortaaees which at this time are in the
amount of 26 825, and were executed by Shelley J. Blue (herein the Owner), dated June 6,
2005, recorded June 7, 2005, in Book 3887, Page 171 through Page 175, and dated February
19, 2008, recorded February 29, 2008, in Book 4268, Page 66 through Page 71, Johnson County
Recorder's Office, covering the following described real property:
Commencing at the northeast corner of lot one (1) in block sixteen (16), in Iowa City, Iowa,
according to the recorded plat thereof, thence west sixty (60) feet, thence south seventy-three
(73) feet, thence east sixty (60) feet, thence north seventy-three (73) feet to the place of
beginning.
WHEREAS, the Financial Institution proposes to loan the sum of $52,751 on a promissory note to
be executed by the Financial Institution and the owner, securing a mortgage covering. the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortaacles held by the City be subordinated to the lien of the mortgage proposed to be made by
the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortaaees held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortaaees of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 1 9rh day of rtav , 20 n9
By
Attest:
~a-~~~~
Deputy, CI rk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
a, ~~~
On this ~ day of ~ , 20~~, before me, the undersigned, a Notary
Public in and for the State of owa, personally appeared ~~ ;~ ~ (~~, and
~~; ~lx. ~.o~c.rc 1 me personally known, and, who, being by me duly sworn, did say th they are the
Mayor and C;ItG e~lc, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. pq-- /61 passed (the Resolution adopted) by the City Council, •under Roll Call
No. ----~ of the City Council on the ~ ~ day of , 20_,x, and
that ;a • 1 and~ul,~- K.Vo~r~ I ackn wledged the execution of the
instrumen to be their volunta act and deed ana the voluntary act and deed of the corporation, by it
voluntarily executed.
c SONDRAE FORT ~~~ ~~
Commission Number 158781
My Commission Expires Notary Public in and for the State of Iowa
ow ao
CITY OF IOWA CITY
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
~/ ~
On this 7 day of ,/~ a+~ , 200 9, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared _tG(~_{~'ti .~w D O 1 S o ~ to me
personally known, ,who being by me duly sworn, did say that he/she is the
~.~( Q t~ fG ~ °~+ ~+~f h4~ of ~lt ~ a•, K ,that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
/~<<< ESh.Pc, l.oG~ o r iy~;ab acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
`~~ _ ___
MOLLY M. OIE7Z Notary Publi and for the State of
Cannc~lon sNyu~m~ber~7I29~88
• ~~SLL~°//aJIU ~ //,~,,
My Commission expires:T~ ~~
~~
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. p9-1 FiR
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED AT 3 PARTRIDGE COURT. IOWA CITY,
IOWA.
WHEREAS, on May 25, 2005, the owner executed two Mortgages with the City of Iowa
City to secure a loan; and
WHEREAS, the Mortgages have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release the Mortgages.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the property
located at 3 Partridge Court, Iowa City, Iowa from two Mortgages recorded July 28,
2005, Book 3916, Page 158 through Page 162, and Book 3916, Page 163 through Page
168, of the Johnson County Recorder's Office.
Passed and approved this 19th day of Mav , 20~_.
\\ •" / / Approved~by~
ATTES ~ ~~~ v ~C''3s'-~ ~~ (~ ~ ~ ~
DEPUTY , ~ CLERK City Attorney's Office
It was moved by Champion and seconded by O'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
g Hayek
x O'Donnell
x Wilburn
~_ Wright
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
Legal Description of Property: see below
Mortgagorls): William Ray Barnes
Mortgagee: City of Iowa City
RELEASE OF L/ENS
The City of Iowa City does hereby release the property 3 Partridge Court, Iowa City, Iowa, and
legally described as follows:
Lot 114, Hunters Run Subdivision, Part Six, Iowa City, Johnson County, Iowa, according
to the plat thereof recorded in Book 31, Page 108, Plat Records of Johnson County,
Iowa, subject to easements, agreements, and restrictions of record
from an obligation of the owner, William Ray Barnes, to the City of Iowa City represented by
two Mortgages recorded July 28, 2005, Book 3916, Page 158 through Page 162, and Book
3916, Page 163 through Page 168, of the Johnson County Recorder's Office.
This obligation has been recaptured and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded document.
ATTEST: C~~~~
DEPUTY, CIT RK
STATE OF IOWA -
- SS:
JOHNSON COUNTY )
fh
On this ~ day of , A.D. 20 _ before me, the undersigned, a Notary Public in and for said
County, in said State, personally ppeared Regenia D,,.~~,,~~a~ley and ~liQ K• lk~.;~, to me personally known, who being by me duly
sworn, did say that they are the Mayor and C~yPClerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed
on behalf ot,the corporation by authority of its City Council, as contained in Resolution No. O~ b~. adopted by the City Council
on the 'J~l ~~ day Ml~v , 20~ and that the said Regenia D. Bailey anc:k„I;e K,~qr•~ as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, oy it and by them
voluntarily executed.
SONDRAE FORT
Commission Number 158791
My Com fission E>~ires S~~ ~~
~ a0~ Notary Public in and for Johnson County, Iowa
City Attorney's Office
M-~~
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Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 09-169 _
RESOLUTION ACCEPTING THE WORK FOR THE 2008 ASPHALT
RESURFACING PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2008 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and
L.L. Pelting Company of North Liberty, Iowa, dated June 3, 2008, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $571,139.18.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 19th day of
ATTEST: ~~~~~
DEPUTY, CI LERK
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
x Champion
x Correia
~_ Hayek
x O'Donnell
~_ Wilburn
x Wright
Pweng/res/OSasphaltresurt-acptwork.doc
5/09
~~ ~ ~~
City Attorney's Office ~~i~a ~
M~
05-19-09
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Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-170
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A DRAINAGE EASEMENT AGREEMENT AND A STORM SEWER
EASEMENT AGREEMENT FOR WINDSOR RIDGE- PART TWENTY "B",
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City has approved the site plan for the development of Windsor
Ridge- Part Twenty "B", Iowa City, Iowa; and
WHEREAS, in order to facilitate the development of this site, the Owner desires to convey to
the City a drainage easement and a storm sewer easement; and
WHEREAS, Staff recommends entering in to the drainage easement agreement and the storm
sewer easement agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to enter .into the storm sewer
easement agreement and the drainage easement agreement attached hereto.
2. The Mayor is hereby authorized to sign, and the City Clerk to attest said agreements.
3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office, together with the attached
documents, said recording costs to be paid by Arlington Development, Inc.
and approved this 19th day of _ May , 2009.
ATTEST: ~ ~~V
DEPUTY , C LERK
d by
,Oc<,~u ~ f~-r~,~,
City Attorney's Office S~t~ld9
Resolution No. 09-170
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were: ,
AYES:
X
~_
x
x
X
X
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466-1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 3s8-s560
DRAINAGE EASEMENT AGREEMENT
WINDSOR RIDGE -PART TWENTY "B"
THIS AGREEMENT, made and entered into by and between Arlington
Development, Inc. (Owner), which expression shall include its successors in interest. and
assigns, and the City of Iowa City, Iowa (the City), which expression shall include its
successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner hereby grants and conveys to the City an easement for the
purposes of grading for overland drainageways as the City shall from time to time elect for
conveying storm water, and also a right of way, with the right of ingress and egress thereto;
over and across the area designated as "Drainage Easement" as shown on the Easement Plat,
attached hereto as Exhibit "A" and incorporated herein by reference, hereafter described as
"easement area."
Owner further grants to the City:
1. The right of grading said easement areas for the full width thereof, and to
extend the cuts and fills for such grading into and onto said lands along and outside of the
said easement area to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement area and also to trim, cut down and clear away any trees on
either side of said easement area which now or hereafter in the opinion of the City maybe a
hazard to said easement area, or which may interfere with the exercise of the City's rights
hereunder in any manner.
The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the easement area. The City shall indemnify Owner against
unreasonable loss or damage which may occur in the negligent exercise of the easement
{oo6s9ost.noc}
-2-
rights by the City. Except as expressly provided herein, the City shall have no responsibility
for maintaining the easement area.
Owner reserves the right to use said easement area for purposes which will not
interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner
shall not erect or construct any building, fence, retaining wall, or other structure, plant any
trees, drill or operate any well, or construct any reservoir or other obstruction on said areas,
or diminish or substantially add to the ground cover over said easement area. Fences and/or
trees placed in the easement area, with or without City approval, may be removed by the
City without compensation or replacement.
Owner does hereby covenant with the City that it is lawfully seized and possessed of
the real estate above described, and that it has a good and lawful right to convey it, or any
part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original public improvements at issue herein. Nor shall Owner be deemed acting
as the City's agent during the original construction and installation of said improvement.
Parties agree that the obligation to install the public improvement(s) herein shall be in
accordance with City specifications, and the obligation shall remain on Owner until
completion by Owner, and until acceptance by the City, as by law provided.
- The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective Parties hereto, and all covenants shall apply to and run with the
land and with the title to the land.
Dated this ~+~ day of February, 2009.
ARLINGT VELOPMENT, INC.
By:
Gary D. atts, President
By: W
hn W. Moreland, Jr., Secre
CITY 0,1~[OWA CITY, ~ A~
By:
D. Bailey, Mayor
ATTEST:
By: <~ y
Julie K. Vopa Deputy,. City Jerk
{oobs9osi.noc}2
-3-
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this 4+~ day of February,
2009 by Gary D. Watts, as President of Arlington Development, Inc.
y, TARA Na80N
~OpIM1rMOn Number 753224
- ~ ~ ~ _ i ~ ~+~ Notary Public in and for said State
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this Std day of February,
2009 by John W. Moreland, Jr. as Secretary of Arlington Develo t, Inc.
CAROLINE KELLER
~"~ Comn~sefon Number 7a5746 Notary Public in and for said State
ow MOI Zoo -~o
STATE OF IOWA
COUNTY OF JOHNSON
ss:
~/ sF
On this ~ day of ~; 2009 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared Regenia Bailey and `~"~.1~ ~- K.
VoPar~ 1 to me person lly known, who being by me duly sworn, did say that they are the
Mayor and Cit~yerk, respectively, of the City of Iowa City, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, and the said Mayor and C~y`~°~l~rk did acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
SONDRAE FORT
o ~ Commission Number 159791 ~~
• My Commission Expires Notary Public in and for said State
{oo6s9osi.DOC}3
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Prepared by and after Michael J. Pugh One South Gilbert Street Phone (319) 466-1511
recording return to: Bradley & Riley PC Iowa City, IA 52240 FAX (319) 358-5560
STORM SEWER EASEMENT AGREEMENT
WINDSORRIDGE -PART TWENTY "B"
THIS AGREEMENT, made and entered into by and between Arlington
Development, Inc. (Owner), which expression shall include its successors in interest and
assigns, and the City of Iowa City, Iowa (the City), which expression shall include its
successors in interest and assigns.
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of which is
hereby acknowledged, Owner hereby grants and conveys to the City an easement for the
purposes of excavating for and the installation, replacement, maintenance and use of such
storm water lines, pipes, mains and conduits as the City shall from time to time elect for
conveying storm water, with all necessary appliances and fittings, for the use in connection
with said lines, together with adequate protection therefore, and also a right of way, with the
right of ingress and egress thereto, over and across the area designated as "15.0' Storm
Sewer Easement" as shown on the Easement Plat attached hereto as Exhibit "A" and
incorporated herein by reference, hereafter described as "easement area."
Owner further grants to the City:
1. The right of grading said easement areas for the full width thereof, and to
extend the cuts and fills for such grading into and onto said lands along and outside of the
said easement area to such extent as the City may find reasonably necessary.
2. The right from time to time to trim, cut down and clear away any and all
trees and brush on said easement area and also to trim, cut down and clear away any trees on
either side of said easement area which now or hereafter in the opinion of the City may be a
hazard to said easement area, or which may interfere with the exercise of the City's rights
hereunder in any manner.
The City shall promptly backfill any trench made by it, and repair any damages
caused by the City within the easement area. The City shall indemnify Owner against
{00659039.DOC}
-2-
unreasonable loss or damage which may occur in the negligent exercise of the easement
rights by the City. Except as expressly provided herein, the City shall have no responsibility
for maintaining the easement area.
Owner reserves the right to use said easement area for purposes which will not
interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner
shall not erect or construct any building, fence, retaining wall, or other structure, plant any
trees, drill or operate any well, or construct any reservoir or other obstruction on said areas,
or diminish or substantially add to the ground cover over said easement area. Fences and/or
trees placed in the easement area, with or without City approval, may be removed by the
City without compensation or replacement.
Owner does hereby covenant with the City that it is lawfully seized and possessed of
the real estate above described, and that it has a good and lawful right to convey it, or any
part thereof.
Nothing in this Agreement shall be construed to impose a requirement on the City to
install the original public improvements at issue herein. -Nor shall Owner be deemed acting
as the City's agent during the original construction and installation of said improvement.
Parties agree that the obligation to install the public improvement(s) herein shall be in
accordance with City specifications, and the obligation shall remain on Owner until
completion by Owner, and until acceptance by the City, as by law provided.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective Parties hereto, and all covenants shall apply to and run with the
land and with the title to the land.
Dated this ~~~day of February, 2009.
ARLINGT EVELOPMENT, INC.
By: ~~~~~
Gary D. atts, President
By: ~
W. Moreland, Jr., Secret
CITY OF WA CITY, IOWA
c
By:
Reg .Bailey, Mayor
ATTEST:
By: \c °y ~~
Julie K. Vopar Deputy City Clerk
{00659039.DOC}2
-3-
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
~-h
This instrument was acknowledged before me on this ~' - day of February,
.2009 by Gary D. Watts, as President. of Arlington Development, Inc.
~~
~cbnniM~on3u4 ~~_ Gll ~~'~OYl~
~ ~~i°" Notary Public in and for said State
STATE OF IOWA )
ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this ~+~ day of February,
2009 by John W. Moreland, Jr. as Secretary of Arlington a elo ent, Inc.
CAROLINE KELLER
~~ Commiafon Nurinbsr 745746 Notary Public in and for said State
ow l~f o
STATE OF IOWA
ss:
COUNTY OF JOHNSON )
Nb~y sF
On this / q~~ day of may, 2009 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared Regenia Bailey and Jul'~~ X
Uo~r: I to me p~so~lly known, who being by me duly sworn, did say that they are the
Mayor and Cit}~(:lerk, respectively, of the City of Iowa City, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and the instrument was signed and sealed $n half of the corporation by
authority of its City Council, and the said Mayor and Ci~ylerk did acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
,~'u SONDRAE FORT
o Commission Number 159791 c~ , ~~
M Commission Expires ~d~a~-
ao~ Notary Public in and for said State
{00659039.DOC}3
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Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-171
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A FIRE ACCESS EASEMENT AGREEMENT AND A PUBLIC SIDEWALK
EASEMENT AGREEMENT FOR LOT 4, BLOCK 103 IN THE ORIGINAL TOWN OF
IOWA CITY, IOWA, LOCALLY KNOWN AS 266 E. COURT STREET.
WHEREAS, the City of Iowa City has approved the site plan for the development of Lot 4,
Block 103, Original Town, Iowa City, Iowa; and
WHEREAS, in order to facilitate the development of this site, the Owner desires to convey to
the City a fire access easement and a public sidewalk easement; and
WHEREAS, Staff recommends entering in to said easement agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to enter into the fire access easement.
agreement and the public sidewalk easement agreements attached hereto.
2. The Mayor is hereby authorized to sign, and the City Clerk to attest said agreements.
3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution
for recordation in the Johnson County Recorder's Office, together with the attached
documents, said recording costs to be paid by Court Street Apartments, LLC.
and approved this 19th day of May , 2009.
ATTEST: - ~+~
DEPUTY CLERK
A ved by~~
Ella ~!~`Zc~.~~
City Attorney's Office ,~ ~' v 7
Resolution No. 09-171
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
X
x
x
x
x
0' Donnell the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resol ution-ic. doc
Prepared by and return to:
Thomas H. Gelman 321 E. Market St., P.O. Box 2150 Iowa City IA 52244 319)354-1104
PUBLIC SIDEWALK EASEMENT AGREEMENT
PERTAINING TO LOT 4, Block 103,
IN THE ORIGINAL TOWN OF IOWA CITY, IOWA
THIS AGREEMENT made and entered into by and between Court Street
Apartments, LLC (formerly know as Big Ten Rental, LLC), hereinafter referred to
as "Developer", which expression shall include its successors in interest and
assigns, and the City of Iowa City, Iowa, hereinafter referred to as "City', a
municipal corporation, and pertains to Lot 4, Block 103, in the Original Town of
Iowa City, Iowa according to the recorded Plat thereof (the "Lot") presently owned
by Developer.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is
hereby acknowledged, the Developer hereby grants and conveys to the City an
easement for public sidewalk over the areas referred to as "2' Public Sidewalk
Easement" and "3' Public Sidewalk Easement" as shown and described on the two
easement plats attached hereto and incorporated herein by this reference,
hereafter referred to as "Easement Areas". This Public Sidewalk Easement is
granted for the sole purpose of expanding the public sidewalk areas adjacent to
the Lot along Linn Street on the east side of the Lot and Court Street on the south
side of the Lot for pedestrian walkway purposes.
The City shall indemnify Developer against unreasonable loss or damage that may
occur in the negligent exercise of the easement rights by the City and its agents or
employees, but not when said loss or damage is caused by members of the
general public or any others. Except as may be expressly provided herein, in
another written agreement or as provided by law, the City shall have no
responsibility for maintaining the Easement Areas.
The Developer and its successors reserve the right to use the Easement Areas for
for purposes that will not interfere with the enjoyment of the Public Sidewalk
Easement rights hereby granted; provided that the Developer, and its successors,
shall not erect or construct any building, structure, fence, retaining wall or other
obstruction on the Easement Areas.
Nothing in this Agreement shall be construed to impose a requirement on the City
to install improvements or otherwise maintain the Easement Areas not otherwise
provided by law. Nor shall the Developer or its successor be deemed acting as the
City's agent during the installation or maintenance of sidewalk improvements. After
construction and installation of the initial sidewalk improvements within the
Easement Areas, the obligation for ongoing maintenance, repairs and replacement
of such sidewalk improvements shall be with the Developer, its successor(s) in
interest, or may be allocated to and assumed by an owners' association.
The Developer hereby covenants with the City that it is lawfully seized and
possessed of the real estate above described, and that it has good and lawful right
to grant this Public Sidewalk Easement.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, and the Public Sidewalk Easement
Agreement and its terms and conditions shall be deemed to apply to and run with
the land and with the title to the land.
This Public Sidewalk Easement Agreement shall become effective only after
Developer has completed its development of improvements to the Lot and the City
has issued an occupancy permit for such improvements.
Signed the 19th day of May 2009.
DEVELOPER
Court Street ts, LLC
By: ~~-~'
James Corcoran, Member
By:~~-'( yti~~--
Karl Madsen, Member
CITY
City of Iowa qty Iowa
By:
D. Bailey, Mayor
By:_ k~
Julie K. Vopari eputy City Clerk
2
STATE OF ~, 1SC01~1SlN, COUNTY OF ~~N ~ , ss:
The foregoing instrument was a knowledged before me on the ~ day of~
2008 by as mi=.mb~,~ __ of#
Court Street Apartments, LLC, a united Liability Company.
Notary~jublic for said state
STATE OF ~~~, COUNTY OF Q(aN ~ ~ , ss:
The foregoing instrument was acknowledged before me on the ~ day ofE
08 b as of
2~ y ~c~ M~ L~
Court Street Apartments, LLC, a Limited Liability Company.
Notary Public for
STATE OF IOWA, COUNTY OF JOHNSON, ss
On this (4 ~ day of Ma _, 2009, before me, the undersigned,
a Notary Public in and for the ate of Iowa, personally appeared Regenia D. Bailey
and'~.~;Q K. Vopac-c I to me p so_rZally known, who, being by me duly sworn, did say
that they are the Mayor and~G~~y Clerk, respectively, of the City of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the deal
of said corporation by authority of its City Council; and that the said Mayor and Ci~i
Clerk acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
c'~ SONDRAE FORT
Commission Numf~er 159791 Se„c~Jtat ~~
• My Commissi~aExpires Notary Public for the state of Iowa
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Prepared by and return to:
Thomas H. Gelman 321 E. Market St., P.O. Box 2150 Iowa City IA 52244 319)354-1104
FIRE ACCESS EASEMENT AGREEMENT
PERTAINING TO LOT 4, Block 103,
IN THE ORIGINAL TOWN OF IOWA CITY, IOWA
THIS AGREEMENT made and entered into by and between Court Street
Apartments, LLC (formerly know as Big Ten Rental, LLC), hereinafter referred to
as "Developer", which expression shall include its successors in interest and
assigns, and the City of Iowa City, Iowa, hereinafter referred to as "City', a
municipal corporation, and pertains to Lot 4, Block 103, in the Original Town of
Iowa City, Iowa according to the recorded Plat thereof (the "Lot") presently owned
by Developer.
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of One Dollar and other valuable consideration, receipt of which is
hereby acknowledged, the Developer hereby grants and conveys to the City, but
not the general public, an easement for City access over the area designated as
"6' Fire Access Easement" as shown and described on the Easement Plat attached
hereto and incorporated herein by this reference, hereafter referred to as
"Easement Area". This Fire Access Easement is intended to provide a means of
ingress, egress and passage over the Easement Area for access from the alley
between Lots 4 and 5 of said Block 103 to the Lot and adjacent properties as may
be needed by the Iowa City Fire Department for emergency service vehicles,
apparatus, employees and authorized agents for all emergency services and
official acts.
The City's police department is authorized to ticket, tow or cause to be towed,
pursuant to the Code of Iowa,. as amended, any motor vehicle that has been
parked or placed upon the Easement Area in violation of the parking laws of the
City and the state of Iowa. This Easement Agreement shall serve as appropriate
notice for such authorization to the City's police department under the Code of
Iowa, as amended.
The recording of this Easement Agreement and attached easement plat shall be
Developer's sole expense. Developer shall be responsible for pavement
markings and signage indicating the fire lane and parking restrictions. The city
shall be solely responsible for all enforcement of the parking restrictions within
the Easement Area.
Said right of access also includes the right of vehicular turn-around and non-
emergency access for postings and otherwise for enforcing Fire Safety
Standards under the Uniform Fire Code, as amended.
The City shall indemnify Developer against unreasonable loss or damage that
may occur in the negligent exercise of the easement rights by the City. Except
as expressly provided herein, in another written agreement or as required by law,
the City shall have no responsibility for maintaining the Easement Area.
The Developer and its successors reserve the right to use the Easement Area for
.purposes that will not interfere with the City's full enjoyment of the rights hereby
granted; provided that the Developer, and its successors, shall not erect or
construct any building, fence, retaining wall or other structures; plant any trees;
drill or operate any well; or authorize any parking or other obstructions at any
time on the Easement Area.
Nothing in this Agreement shall be construed to impose a requirement on the
City to install improvements or otherwise maintain the Easement Area. Nor shall
the Developer or its successor be deemed acting as the City's agent during the
installation or maintenance of said Easement Area improvements. After
construction and installation of the initial private improvements, the obligation for
ongoing maintenance, repairs and replacement of such private improvements
shall be with the Developer, its successor(s), or may be allocated to and
assumed by an owner' association.
The Developer hereby covenants with the City that it is lawfully seized and
possessed of the real estate above described, and that it has good and lawful
right to grant this Fire Access Easement.
The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, and this Fire Access Easement
Agreement and its terms and conditions shall be deemed to apply to and run with
the land and with the title to the land.
with the land and with the title to the land.
This Fire Access Easement Agreement shall become effective only after Developer
has completed its development of improvements to the Lot and the City has issued
an occupancy permit for such improvements.
Signed this 19th day of May ~ 2009.
DEVELOPER
Court Street Apartments, LLC
By. ~~~~/
~ James Corcoran, Member
By: ,~---~ ~---
Karl Madsen, i~ember
CITY
City of Iowa Ci~r, Iowa
By:
Bailey, Mayor
By: \~~
Julie K. Vop Depu~~lty Jerk
[Notary Acknowledgements on Next Page]
3
STATE OF ~n11~ NS1hJ ,COUNTY OF ~ ~ N FJ , ss:
The foregoing instrument was acknowledged before me on the ~ day of, ~j
200a byi ~n m~.S ~('cni'aY, as !i~~.m r ~-' o
Court Street Ap ents, LLC, a invited Liability Company.
Notarypublic for
STATE OF IS~o ~~, COUNTY OF „Y~AN ~ , ss:
The foregoing instr ment was acknowledged before me on the ~"1~`~day of~
2008 by ~, Af ~~,nc~S~.n as I~(~~mh~,r of
Court Street Apartments, LLC, a Limited Liability Company.
Public for said
STATE OF IOWA, COUNTY OF JOHNSON, ss
On this /9 day of ~ _ , 20C9, before me, the undersigned,
a Notary Public in and for the S ate of Iowa, personally appeared Regenia D. Bailey
and 3ui,t K. ~b~,-; ~ , to me p~rs~o~nally known, who, being by me duly sworn, did say
that they are the Mayor and cty/Clerk, respectively, of the City of Iowa City, Iowa,
executing the within and foregoing instrument; that the seal attached thereto is the~~,a~
of said corporation by authority of its City Council; and that the said Mayor and ~i
Clerk acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
,~ SONDRAE FORT
o ~ Commission Number 159791
My Commi ion Expires
. w 3 ~ aai~
S~,d,~.~ ~~b
Notary Public for the State of Iowa
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Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 09-172
RESOLUTION ACCEPTING PAYMENT OF $300.00 CNIL PENALTY AND
WAVER OF RIGHT TO HEARING FROM T.C.B.
WHEREAS, on February 13, 2009, an employee. of T.C.B., 114 E. College Street, Iowa
City, 52240 violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor; and
WHEREAS, at the time of the violation, T.C.B. was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, T.C.B. has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within atwo-year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of T.C.B..
BE IT FURTHER RESOLVED, that,the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
ATTEST: ~ ~..~ V
Deputy City rk, City o Iowa City
PASSED AND APPROVED: May 19, 2009
Resolution No. 09-172
Page 2
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:
X
x
x
x
x
~-
x
NAYS:
O'Donnell
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the Resolution be
wpdata/glossary/resolution-ic.doc
M-~.
2--- f~7~
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 09-173
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM RED POPPY
WHEREAS, on February 14, 2009, an employee of Red Poppy, 341 E. College Street,
Iowa City, 52240 violated Iowa Code § 453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
WHEREAS, at the time of the violation, Red Poppy was operating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, Red Poppy has waived its right to the hearing required by Iowa Code §
453A.22(2) and accepted responsibility for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within atwo-year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Red Poppy.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: May 19. 2009
\\ t
EST:
Deputy City rk, City of Iowa City
Resolution No. 09-173
Page 2
It was moved by Chamvion and seconded by O''Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~_ Bailey
~- Champion
x Correia
X Hayek
~_ O'Donnell
x Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
M~-~
2f(8
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-174
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CERTIFICATION FOR USE OF
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS (A/K/A
STIMULUS) AT THE MUNICIPAL AIRPORT.
WHEREAS, the Federal Aviation Administration (FAA) has indicated that the Iowa City
Airport Commission will receive American Recovery and Reinvestment Act of 2009 (a/k/a
stimulus) funds for reconstructing runways 7-25 and 2-3D;
WHEREAS, the stimulus law requires that the mayors and governors sign certifications
that the infrastructure investment will be an appropriate use of taxpayer dollars;
WHEREAS, the Airport Commission has approved the project to reconstruct runways 7-25
and 2-30 and has let bids contingent on FAA funding; and
WHEREAS, said project is an appropriate use of taxpayer dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The Mayor is authorized to sign the certification stating that said project is an appropriate
use of taxpayer dollars.
Passed and approved this 19th day of May, 2009.
ATTEST: ~ ~ ~1
DEPUTY CIT ERK
~~~~'~ ~- ~ 3-a S
City Attorney's Office
Resolution No. 03-174
Page 2
It was moved by Champion and seconded by o'nonnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x ~ Champion
x ~ Correia
x Hayek
--~_ O'Donnell
--~- Wilburn
x Wright
wpdata/glossary/resolution-ic.doc
05-19-09
4c
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 (SUB09-00002)
RESOLUTION N0. 09-175
RESOLUTION APPROVING FINAL PLAT OF HICKORY POINTE, A RESUBDIVISION OF LOTS
39-41, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA.
WHEREAS, the owner, Casey Boyd, LLC, filed with the City Clerk the final plat of Hickory Pointe, a
resubdivision of Lots 39-41, First and Rochester, Part One, Iowa City, Iowa, Johnson County, Iowa;
and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Lots 39, 40, and 41 of First and Rochester, Part One, in accordance with the Plat
thereof Recorded in Plat Book 23 at Page 78, of the Records of the Johnson County
Recorder's Office, being a portion of the Southwest Quarter of the Southwest
Quarter of Section 1, Township 79 North Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa, said Tract of land contains 2.97 acres,
and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2009) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements, and public open space as
provided by law and specifically sets aside portions of the dedicated land, namely streets, as
not being open for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Resolution No. ~-175
Page 2
Passed and approved this 19th day of MaY , 20~_.
Approved by
ATTEST: ~ ~ ~~ \
DEPUTY C CL K
~ ,l
a i~~
I y Attorney's Office ~ 13 ~~
It was moved by wi burn _ and seconded by H~~ek _ the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
x
x
~-
~-
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
pcd/templates/Hickory Pointe Final Plat - Resdlulion.doc.doc
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB09-00002
Hickory Pointe Final Plat
Prepared by: Sarah Walz
Date: May, 19 2009
GENERAL INFORMATION:
Applicant: Casey Boyd, LLC
250 12th Avenue Suite 150
Coralville, IA 52241
Contact Person:
Phone:
E-mail:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
Casey Boyd
(319) 354-8118
cjboyd@msn.com
Final plat approval
A re-subdivision of Lots 39-41, First and Rochester
Part one.
Northwest corner of the intersection at First Avenue
and Hickory Trail
2.97 acres / 2.6 net acres (acreage less street
ROW)
Undeveloped (OPD-8)
North:Undeveloped (ID-RS)
South: Park (P1).
East: Undeveloped, Residential Single-family (RS-5)
West: Undeveloped (ID-RS)
The Northeast District Plan identifies these lots for
townhouse development.
April 16, 2009
June 1, 2009
60 Day Limitation Period: June 16, 2009
BACKGROUND INFORMATION:
The preliminary plat for Hickory Pointe, athree-lot residential subdivision on 2.97 acres of land,
was approved by the City Council on March 10, 2009. The applicant, Casey Boyd, is now
requesting approval of a final plat for the property, which is located at the northwest corner of the
intersection and First Avenue and Hickory Trail.
2
ANALYSIS:
The construction plans and drainage calculations have been submitted to the City Engineer and
are under review. The final plat shows an adjustment to the property line between lots 1 and 2.
The lot line adjustment allows the connection of the sanitary sewer service for Lot 1 without
requiring an extension of the sanitary sewer main along First Avenue.
The legal papers have been submitted and are being reviewed by the City Attorney. These
documents must be approved by staff prior to City Council consideration of the final plat.
Staff is also awaiting a detailed plan for developed the private shared open space to be located
at the southwest corner of the development on western half of lot 3. The development of the
shared open space is a condition of the re-zoning and staff approval of the plan is required prior
to issuance of a building permit.
STAFF RECOMMENDATION:
Staff recommends that SUB09-00002, a final plat for Hickory Pointe, a 4-lot, 2.97-acre residential
subdivision be approved, subject to staff approval of legal papers, construction drawings, and a
detailed plan for the shared open space prior to City Council consideration.
ATTACHMENTS:
1. Location map
2. Final plat
Approved by: / ~ct~%4~.e~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:\PCD\Staff Reports\REZ08-00012 Hickory Pointe\SUB09-00002.doc Hickory Pointe Final
Plat.doc
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52-483
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON
County, Iowa:
The City Council of Iowa City in said County/Counties met on 05/19/09
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No. 09-176
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE : 2009
(AS AMENDED LAST ON 03/24/09 .)
Be it Resolved by the Council of the City of Iowa City
Section 1. Following notice published 05/08/09
and the public hearing held, 05/19/09 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
Revenues & Other Financing Sources
Taxes Levied on Property 1 43,167,738 0 43,167,738
Less: Uncollectted Property Taxes-Levy Year 2 0 0
0 0
738
167
43
Net Current Property Taxes 3 43,167,738 ,
.
Delinquent Property Taxes 4
5 0
477,860
2 0
1.331,000 0
3,808,860
TIF Revenues
6 ,
422
586
1 0 1, 586,422
other City Taxes
7 ,
,
040
308
1 0 1,308,040
Licenses & Permits
8 ,
,
137
153
5 13,050 5,150,203
Use of Money and Property
9 ,
,
317
305
36 27,626,552 63,943,857
Intergovernmental
10 ,
,
171
377
39 549,000 39.926,171
Charges for Services ,
, 0 0
Special Assessments 11
12 0
171
893
5 1,550,216 6,722,109
Miscellaneous
13 ,
,
681
583
216 4,907,005 221,490,686
other Financing Sources
14 ,
,
127
263
351 823
976
35 387,104,086
Total Revenues and Other Sources ,
, ,
,
Expenditures & Other Financing Uses
Public Safety 15 26,086,761 190.710 26,277,471
Public Works 16 12,676,019 791,100 13;467,119
Health and Social Services 17
18 0
451
570
11 0
150,940 0
11,602,510
Culture and Recreation
19 ,
,
661
11
853 19,169,000 31,022.661
Community and Economic Development
20 ,
,
259
653
8 774
4 8,264,427
General Government ,
, ,
21 575
660
36 0 36,660,575
Debt Service
22 ,
,
238
799
22 5,811,227 28,610,465
Capital Projects
Total Government Activities Expenditures 23 ,
,
129,787,477 26,117,751 155,905,228
Business Type/Enterprises 24 141,337,165 -23,109,054 118,228,111
Total Gov Activities & Business Expenditures 25 271,124,642 3,008,697 274;133,339
Transfers out 26 99,778,357 36,125,044 135,903,401
Total Expendituresn"ransfers Out 27 370,902,999 39,133,741 410,036,740
Excess Revenues 8 Other Sources Over
28
775
736
-19
156,918
-3
-22,932,654
(Under) Expenditures/Transfers Out Fiscal Year ,
, ,
Continuing Appropriation 29
30 0
536
459
125 N;A
0 0
125:459,536
Beginning Fund Balance July 1
31 ,
,
800
683
105 -3,156,918 102,526,882
Ending Fund Balance June 30 ,
,
Passed this 19th
roar)
Signature
Deputy City Cledc/Finance ONicer
day of Ma
Monfh/YeaQ r...
Signature
Mayor
5
Resolution No. 09-176
Page 2
It was moved by Wilburn and seconded by o' Donnell
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
~_ Hayek
x O'Donnell
x Wilburn
x Wright
the Resolution be
wpdata/glossarylresolution-ic.doc
M~y
6
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 09-177
RESOLUTION ASSESSING $300.00 CNIL PENALTY AGAINST HEAD HUNTERS
GLASS, INC.
WHEREAS, on February 13, 2009, an employee of Head Hunters Glass, Inc., 114 1/2 E. College
Street, Iowa City, 52240 violated Iowa Code § 453A.2(1) by selling or providing tobacco to a
minor; and
WHEREAS, at the time of this violation Head Hunters Glass was operating under a retail
cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Head Hunters Glass and at said hearing the City Council heard the facts
of the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Head Hunters Glass within
a two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Head Hunters Glass.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the
Johnson County Attorney's Office, which will then provide a copy of the same to the retail
cigarette permit holder via regular mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: May 19. 2009
May ity of Iowa City \\
ATTEST:~~~ V e.
Deputy City ,City of Iowa City
Resolution No. 09-177
Page 2
It was moved by Wilburn and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
X
x
-~
x
-~
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossarylresolu6on-ic.doc
r
^ T-CNV ~'~jI I_~ l ~•~~c~~ COMPLAINT ^RES ,B° EjN-RES
^ OC~ Ott IOWA UNIFORM CITATION AND COMPLAIIVT ^ HIS iCENON-HI
IOWA CITY PO CE DEP RT ENT MED ^ YES~NO
PL NTIFF: INC #
State of Iowa -~
^ County off: JOHNSON ~ ~C N~ ~ 7 $ 2 5 6 ,
^ C;}ty of: IOWA CITY No.:
In the Court at 417 S. CLINTON ST E T, JOHNSON C ~U
vs.
NAME: P fT, ~ ~ 1~ l / 1 In
Address
~S Q /->< z° /1~ L/I /1 ~' !' S tatec~~I
D Cla ~-_TT-^~T~ State
DL End DL Rest
DOB ~~~ / Race Se H .Sr Wt.
The undersigned states that on or about ~ at ^ AM ^ PM
defendant did unlawfully: Mo. a Yr.
Operate Mot VehicleBoat (describe) ~,.
CMV ^ Yes ^ No HazMat Plac. Req. ^ Yes o ' STS DOT#
Reg. # e Y
Upon a pu is highway at
Located ' the county and state aforesaid and did t en and there commit the following offense:
^Traffic ^Navigation ^Snowmobi]e/ATV ^Fish-Game ^Pazks
^Scheduled Vio/Fine $ ^ Road Construction Zone
^Non-Scheduled Violation
Surcharge $ ~ ^ Court Appearance Required (805.10)
Reason:
Do Court Costs $ ^ p.I. ^ p.D. ($1000) Accident
~( ^ Fatal Accident
Not Total Fine/Costs (~ ~ ^ Civil Damage Assessmer~l ~~
Violation ~ ~ ~ ~'l/Q
Write Speed In Zone-Sec. #
DATA CODE IA Code
Fed/Adm. Code Local Ord.
In I certify under penalty of perjury and pursuant to the laws of he State of Iowa tha the
preceding is true and correct.
Tltis Z J 3 ~
Dated
Mo. Day Y . Of£cer s Si amre
Space r r, c ID N .
Court Date: If you must appeaz in court or if ot~lt r ~- `'
y oQSe to apps to answer a chazge
whit does not require an appeazance, report to ,Bove na~n~°court on:
Mo. ~ a / at ~6°-=s;~~_ 11 AM ^ PM
r.
NOTICE: Providing false information is a violation of,Section'~19.3 o~~I~e Code of
Iowa and is punishable as an aggravat~d;tnisdemeanor-
f
My signature below is not a plea of guilty, but acknowledges`ad the follgvvr<ipg:
]. I hereby sweaz and affirm that the information provided by me on3his-citation ts~ttue under penalty
of providing false information. ~ ;~ - GJ
2. I promise to appear in said court a[ said time and place, or I will comply with [he_provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only: I '
3. I hereby give my unsecured appeazance bond in the amount of v
appeazance. I agree [hat if I fail [o appeaz in person or by counsel to defend agamstathe offense chazged
in [his citation, [he court is authorized to enter a conviction and render judgment against me for the
amount of my appeazance bond in satisfaction of the penalty and surchazge plus co-
o~-' -
Signature of Defendant
L
IN THE IOWA DISTRICT COURT FOR Case Number:
JOHNSON COUNTY ~~ G~
^ THE STATE OF IOWA
^ THE CITY OF:
^ THE COUNTY OF:
PLAINTIF VS. D FE DANT
C
Document:
P.I.N. ORDER: JUDGMENT/SENTENCING
(Misdemeanor/Ordinance)
P.I.N.
I Charge: /~ ~/,~~
~r1il~ ~ ~l `a`cv , ~/l~LLr~n
~- z ~-~
GUILTY PLEA
[ ] The defendant appears:
[ ] in person and/or by counsel
( ] in writing,
waives his/her right to an attorney and/or trial and PLEADS GUILTY.
The Court enters judgment accordingly and imposes sentence as set out below.
TRIA RDER
[ Trial is held as scheduled. Attorney ,appears for the Plaintiff.
The defendant appears in person and/or by attorney
The urt now enters Judgment as follows:
[ ~e Court finds the defendant GUILTY and imposes sentence as set out below.
( ]The Court finds the defendant NOT GUILTY and orders this charge dismissed. The Court taxes costs to the plaintiff.
SENT CING ORDER
[ Upory~ntry of judgment o guilty, the court sentences the defendant to:
[ ~ PAY A FINE of $ t7v plus surcharge and court costs. The Court orders the fine paid by
at 8:30 A.M. or additional penalties will result.
[ ]CONFINEMENT in the County Jail for Hours/Days, and pay court costs within 60 days. The Court gives the defendant CREDIT for
Hours/Days already served,if the defendant fails to appear at the time set, any police officer is authorized and drected, without further
order of the court, to take the defendant into custody to begin serving the sentence imposed by this order. The Court further:
[ ]DISCHARGES the defendant from custody.
[ ]ORDERS the defendant to serve the balance of the sentence:
[ ]Forthwith.
[ ] By surrendering to the County Jail as follows
[ ]SUSPENDS Hours/Days of the sentence and places the defendant on
During probation the defendant shall abide by these terms/conditions:
PROBATION on good
~- ~
r: c~
4 -~ ,,~
~: -.~_
f V -----.
[ ]Grants WORK RELEASE privileges. ~f ~~c 3~ + !
[ ]ENROLL in the BATTERER'S EDUCATION PROGRAM within 10 days and successfully complete the program. {- _~ "'-'r
[ ]PAY VICTIM RESTITUTION: ~~ ` C3 ~'""~
[ ] as later determined. ~'=-z
( ] in the amount of $ within 60 days. ~ ~"
The defendant is to pay the restitution to the Clerk of Court. The restitution is for
The Court notifies the defendant of RIGHT OF APPEAL within 10 days.
Appeal Bond is $
[ ]The defendant gives ORAL NOTICE OF APPEAL.
[ ]The Court exonerates the defendant's bond conditions.
[ ]The Court directs the clerk to apply the defendant's bond toward any fine, surcharge, victim restitution, and court costs. The Court exonerates any
remaining balance of the bond.
[ ] WarranUSummons RECALLED.
[ ]Clerk to notify.
[ ] C to jail. l'"-~ _
[ ~(, py given defence 11S/da efense counsel.
Judge
CLERK'S NOTATIONS
C~
. ~~ ~ ~:~ '
.~, ~ ~ ~
,/
WHITE (Court); CANARY (Prosecutor)
[ ]CASH/CASHIER'S CHECK/MONEY ORDER ONLY.
- FOR THIS ORDER ONLY: - /~a
- OTHER AMOUNTS MAY ALSO BE DUE BY THE TERMS OF O'
MAIL PAYMENT TO: JOHNSON COUNTY CLERK OF COURT
MAGISTRATE DIVISION
P.O. BOX 2510
IOWA CITY, IA 52244 _
RESTITUTION
FINE
SURCHARGE-
COURT COSTS
TOTAL DUE
fHER ORDERS.
MATT PARROTT d SONS CO.. WATEflL00.IOWA OS44OF1
CERTIFICATE
I, Lodema Berkley ,Clerk of the District
Court of the State of Iowa, in and for Johnson
County, do hereby certify that this is a true and
complete copy of the Original Instrument(s)
filed in this
office consisting of _..~_ pages.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the Seal gE~said_t,~qurt
at m fic in IoOu ity, Iowa this ~.-""~
of _
LODEMA BERKLEY
'Clerk ofDistsictlourt i
M-~
Maw 1 A , 2009
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa , at ~ : 00 o'clock P .M., on the above date. There were
present Mayor Bayley , in the chair, and the following named Council
Members:
Baily, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
Absent: None
******
-1-
Council Member Wright moved that the form of Tax Exemption
Certificate be placed on file and approved. Council Member Champion
seconded the motion. The roll was called and the vote was,
AYES: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
NAYS: N
Council Member Champion moved that the form of Continuing
Disclosure Certificate be placed on file and approved. Council Member
Hayek seconded the motion. The roll was called and the vote was;
AYES: Bailey, Champion, Correia, Hayek, O'Donnell,
NAYS:
Wilburn, Wright
None
Council Member Hayek introduced the following Resolution
entitled "RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN
AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009C,
AND LEVYING A TAX TO PAY THE NOTES" and moved that it be adopted. Council
Member Wilburn seconded the motion to adopt, and the roll being called
thereon, the vote was as follows:
-2-
AYES O'Donnell Wilburn, Wright, Bailey, Champion,
Correia, Hayek
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 09-178
RESOLUTION APPROVING AND AUTHORIZING A FORM OF
LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $6,685,000 GENERAL OBLIGATION CAPITAL
LOAN NOTES, SERIES 2009C, AND LEVYING A TAX TO PAY THE
NOTES
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the construction,
reconstruction, and repairing of improvements to public ways, sidewalks, overpasses and
streets; the opening, widening, extending, grading and draining of the right-of--way of
public grounds and the removal and replacement of dead or diseased trees thereon; the
reconstruction, extension and improvement of the existing Municipal Airport; the
acquisition, installation and repair of traffic control devices; the rehabilitation,
improvement and equipping of existing city parks, including facilities, equipment and
improvements commonly found in city parks and equipping of the fire department,
essential corporate purposes, and it is deemed necessary and advisable that a form of
Loan Agreement be approved and authorized and General Obligation Capital Loan Notes
to the amount of $4,995,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Sections 384.24, 384.24A
and 384.25 of said Code, this Council has held a public meeting and hearing upon the
proposal to institute proceedings for the issuance of said Notes, and the Council is
therefore now authorized to proceed with the issuance of $4,945,000 Capital Loan Notes;
and
WHEREAS, the City is in need of funds to pay costs of improvements to the Salt
Storage Building, a general corporate purpose, and it is deemed necessary and advisable
that General Obligation Capital Loan Notes to the amount of $700,000 be authorized for
said purpose; and
-3-
WHEREAS, the City has a population of more than 5,000 but not more than
75,000; and
WHEREAS, pursuant to notice published as required by Sections 384.24,
384.24A, and 384.26 (5) of said Code, the Council of the City has held public meeting
and hearing upon the proposal to institute proceedings for the authorization to enter into a
loan agreement and the issuance of Notes for general corporate purposes in the amounts
as above set forth, and, no petition for referendum having been received, the Council is
therefore now authorized to proceed with the issuance of $700,000 Capital Loan Notes
thereof; and
WHEREAS, the City is in need of funds to pay costs of the renovation,
improvement and equipping of recreation grounds, including the Soccer Field and the
Napoleon Softball Field; the acquisition of art for public buildings and areas and roof
repair and elevator improvements to a Recreation Center, a general corporate purpose,
and it is deemed necessary and advisable that General Obligation Capital Loan Notes to
the amount of $680,000 be authorized for said purpose; and
WHEREAS, the City has a population of more than 5,000 but not more than
75,000; and
WHEREAS, pursuant to notice published as required by Sections 384.24,
384.24A, and 384.26 (5) of said Code, the Council of the City has held public meeting
and hearing upon the proposal to institute proceedings for the authorization to enter into a
loan agreement and the issuance of Notes for general corporate purposes in the amounts
as above set forth, and, no petition for referendum having been received, the Council is
therefore now authorized to proceed with the issuance of $680,000 Capital Loan Notes
thereof; and
WHEREAS, the City is in need of funds to pay costs of City Hall remodeling;
miscellaneous improvements to City Hall; improvements to the Mercer Swimming Pool,
including filter system replacement and roof repair to the Senior Center, a general
corporate purpose, and it is deemed necessary and advisable that General Obligation
Capital Loan Notes to the amount of $360,000 be authorized for said purpose; and
WHEREAS, the City has a population of more than 5,000 but not more than
75,000; and
WHEREAS, pursuant to notice published as required by Sections 384.24,
384.24A, and 384.26 (5) of said Code, the Council of the City has held public meeting
and hearing upon the proposal to institute proceedings for the authorization to enter into a
-4-
loan agreement and the issuance of Notes for general corporate purposes in the amounts
as above set forth, and, no petition for referendum having been received, the Council is
therefore now authorized to proceed with the issuance of $360,000 Capital Loan Notes
thereof; and
WHEREAS, pursuant to Sections 384.24, 384.24A and 384.28 of the City Code of
Iowa, it is hereby found and determined that the various general obligation notes
authorized as hereinabove described shall be combined for the purpose of issuance in a
single issue of $6,685,000 Corporate Purpose Capital Loan Notes as hereinafter set forth;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral
multiple thereof.
• "Beneficial Owner" shall mean the person in whose name such Note
is recorded as the beneficial owner of a Note by a Participant on the records of
such Participant or such person's subrogee.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Notes.
• "Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery of the Notes, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
• "Depository Notes" shall mean the Notes as issued in the form of
one global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New
York, a limited purpose trust company, or any successor book-entry securities
depository appointed for the Notes.
• "Issuer" and "City" shall mean the City of Iowa City, State of Iowa.
-5-
• "Loan Agreement" shall mean a Loan Agreement between the Issuer
and a lender or lenders in substantially the form attached to and approved by this
Resolution.
• "Note Fund" shall mean the fund created in Section 4 of this
Resolution.
• "Notes" shall mean $6,685,000 General Obligation Capital Loan
Notes, Series 2009C, authorized to be issued by this Resolution.
• "Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Notes as securities depository.
• "Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Notes as the same shall become due.
• "Project" shall mean the costs of the construction, reconstruction,
and repairing of improvements to public ways, sidewalks, overpasses and streets;
the opening, widening, extending, grading and draining of the right-of--way of
public grounds and the removal and replacement of dead or diseased trees thereon;
the reconstruction, extension and improvement of the existing Municipal Airport;
the acquisition, installation and repair of traffic control devices; the rehabilitation,
improvement and equipping of existing city parks, including facilities, equipment
and improvements commonly found in city parks; equipping of the fire
department; improvements to the Salt Storage Building; the renovation,
improvement and equipping of recreation grounds, including the Soccer Field and
the Napoleon Softball Field; the acquisition of art for public buildings and areas;
roof repair and elevator improvements to a Recreation Center; City Hall
remodeling; miscellaneous improvements to City Hall; improvements to the
Mercer Swimming Pool, including filter system replacement and roof repair to the
Senior Center.
• "Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Notes.
• "Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
• "Registrar" shall mean the City Controller of Iowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
-6-
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Notes.
• "Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC on file with DTC.
• "Resolution" shall mean this resolution authorizing the Notes.
• "Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Treasurer and delivered at the time of issuance and
delivery of the Notes.
• "Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax• Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Notes hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in the City of Iowa City, State of Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$794,444 * 2009/2010
$793,300 2010/2011
$788,050 2011/2012
$787,550 2012/2013
$786,675 2013/2014
$790,425 2014/2015
$792,000 2015/2016
$791,300 2016/2017
$795,000 2017/2018
$795,600 2018/2019
-7-
*Payable from available funds of the City.
(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1, 2008, will be collected during the fiscal year commencing
July 1, 2009).
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution shall be filed with the Auditor of Johnson County, Iowa and the
Auditor is hereby instructed in and for each of the years as provided, to levy and
assess the tax hereby authorized in Section 3 of this Resolution, in like manner as
other taxes are levied and assessed, and such taxes so levied in and for each of the
years aforesaid be collected in like manner as other taxes of the City are collected,
and when collected be used for the purpose of paying principal and interest on said
Notes issued in anticipation of the tax, and for no other purpose whatsoever.
(c) Additional Cit~Funds Available. Principal and interest coming due at anytime
when the proceeds of said tax on hand shall be insufficient to pay the same shall
be promptly paid when due from current funds of the City available for that
purpose and reimbursement shall be made from such special fund in the amounts
thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt
Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE
HIND NO. 1" (the "Note Fund"), which is hereby pledged for and shall be used only for
the payment of the principal of and interest on the Notes hereinafter authorized to be
issued; and also there shall be apportioned to said fund its proportion of taxes received by
the City from property that is centrally assessed by the State of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and
expended therefrom for the purposes of the Project. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of or interest on the Notes at any
time that other funds shall be insufficient to the purpose, in which event such funds shall
be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the
Project Fund and not immediately required for its purposes may be invested not
inconsistent with limitations provided by law or this Resolution. Accrued interest, if any,
shall be deposited in the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of
-8-
Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits exceeding the maximum
amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking
Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise
by a valid pledge of direct obligations of the United States Government having an
equivalent market value. All such interim investments shall mature before the date on
which the moneys are required for payment of principal of or interest on the Notes as
herein provided.
Section 7. Note Details, Execution and Redemption.
(a) Note Details. General Obligation Capital Loan Notes, Series 2009C, of the
City in the total amount of $6,685,000, shall be issued to evidence the obligations
of the Issuer under the Loan Agreement pursuant to the provisions of Sections
384.24, 384.24A, 384.25, 384.26, and 384.28 of the City Code of Iowa, as
amended, for the aforesaid purpose. The Notes shall be issued in one or more
series and shall be on a parity and secured equally and ratably from the sources
provided in Section 3 of this Resolution. The Notes shall be designated
"$6,685,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2009C", be dated June 8, 2009, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on
December 1, 2009, and semiannually thereafter on the 1st day of June and
December in each year until maturity at the rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, and
impressed or printed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, if any, shall be payable at the office of the Paying Agent by mailing of a
check to the registered owner of the Note. The Notes shall be in the denomination
of $5,000 or multiples thereof and shall mature and bear interest as follows:
-9-
Principal Interest Maturity
Amount Rate June 1st
$600,000 2.50% 2010
$610,000 2.50% 2011
$620,000 2.50% 2012
$635,000 2.50% 2013
$650,000 2.50% 2014
$670,000 2.75% 2015
$690,000 3.00% 2016
$710,000 3.00% 2017
$735,000 4.00% 2018
$765,000 4.00% 2019
(b) Redemption. Notes maturing after June 1, 2017, may be called for
redemption by the Issuer and paid before maturity on said date or any date
thereafter, from any funds regardless of source, in whole or from time to time in
part, in any order of maturity and within an annual maturity by lot. The terms of
redemption shall be par, plus accrued interest to date of call.
Thirty day's notice of redemption shall be given by ordinary mail to the
registered owner of the Note. Failure to give such notice by mail to any registered
owner of the Notes or any defect therein shall not affect the validity of any
proceedings for the redemption of the Notes. All Notes or portions thereof called
for redemption will cease to bear interest after the specified redemption date,
provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall
designate the Notes to be redeemed by random selection of the names of the
registered owners of the entire annual maturity until the total amount of Notes to
be called has been reached.
Section 8. Issuance of Notes in Book-Entry Form; Replacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding
registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer
determines to permit the exchange of Depository Notes for Notes in the Authorized
Denominations, the Notes shall be issued as Depository Notes in denominations of the
entire principal amount of each maturity of Notes (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Notes shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
-10-
semi-annual interest for any Depository Note shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Notes, (iii)
the payment to any Participant, any Beneficial Owner or any other person, other than
DTC or its nominee, of any amount with respect to the principal of, premium, if any, or
interest on the Notes, or (iv) the failure of DTC to provide any information or notification
on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Note for the purpose of payment of the
principal of, premium, if any, and interest on such Note, for the purpose of all other
matters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures of DTC as may be
applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Notes to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Notes, registration thereof, and issuance in Authorized Denominations), as
long as the Notes are Depository Notes, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry
out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC
that the Notes are no longer eligible for its depository services or (iii) a determination by
the Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
-11-
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Notes to be so exchanged. The Registrar shall thereupon notify the
owners of the Notes and provide for such exchange, and to the extent that the Beneficial
Owners are designated as the transferee by the owners, the Notes will be delivered in
appropriate form, content and Authorized Denominations to the Beneficial Owners, as
their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended.
The substitute depository shall provide for (i) immobilization of the Depository Notes,
(ii) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear with
respect to such book entries.
Section 9. Registration of Notes• Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership of the Notes, and in no other way. The City Controller is hereby
appointed as Registrar under the terms of this Resolution. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Notes for the
payment of principal of and interest on the Notes as provided in this Resolution.
All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes
and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Notes and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is
to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Note (other than a registered
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
-12-
Note, a new fully registered Note, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unmatured
and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the
Notes, the Registrar shall register, at the earliest practicable time, on the
Registration Books, the Notes, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of
the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Notes and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Note, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued
but shall be cancelled by the Registrar. All Notes which are cancelled by the
Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check representing
payment of principal of or interest on the Notes is returned to the Paying Agent or
if any Note is not presented for payment of principal at the maturity or redemption
date, if funds sufficient to pay such principal of or interest on Notes shall have
been made available to the Paying Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for such interest or payment of such
Notes shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without
liability for interest thereon, for the benefit of the owner of such Notes who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature
on his part under this Resolution or on, or with respect to, such interest or Notes.
The Paying Agent's obligation to hold such funds shall continue for a period equal
to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so
-13-
held to the Issuer, whereupon any claim under this Resolution by the Owners of
such interest or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each
owner, at the Issuer's expense, one Note for each annual maturity. The Registrar
shall furnish additional Notes in lesser denominations (but not less than the
minimum denomination) to an owner who so requests.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and
substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
or its agent may prescribe and paying such expenses as the Issuer may incur in
connection therewith.
Section 11. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Note, shall be made to the registered holder
thereof or to their designated Agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Notes to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Note to the Paying Agent.
Section 12. Execution, Authentication and Deliver~of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Note a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so
authenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
Section 13. Right to Name Substitute Payin~Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered noteholder.
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Section 14. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
(6) (6)
(~) (g)
(I)
(2) (3) (4) ~ (5)
(9)
(9a)
(I 0)
(Continued on the back of this Note)
(11)(12)(13) (14)~ (15)
FIGURE 1
(Front)
-15-
(10) (16)
(Continued)
FIGURE 2
(Back)
-16-
The text of the Notes to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1= "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 2009C"
"CORPORATE PURPOSE"
Item 2, figure 1= Rate:
Item 3, figure 1= Maturity:
Item 4, figure I= Note Date: June 8, 2009
Item 5, figure 1= CUSIP No.:
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate No.
Item 8, figure 1= Principal Amount: $
Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal
corporation organized and existing under and by virtue of the Constitution and laws of
the State of Iowa (the "Issuer"), for value received, promises to pay from the source and
as hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of (princ_pal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of the City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable
on December 1, 2009, and semiannually thereafter on the lst day of June and December
in each year.
Interest and principal shall be paid to the registered holder of the Note as shown
on the records of ownership maintained by the Registrar as of the 15th day preceding
such interest payment date. Interest shall be computed on the basis of a 360-day year of
twelve 30-day months.
This Note is issued pursuant to the provisions of Sections 384.24, 384.24A,
384.25, 384.26, and 384.28 of the City Code of Iowa, for the purpose of paying costs of
the construction, reconstruction, and repairing of improvements to public ways,
-17-
sidewalks, overpasses and streets; the opening, widening, extending, grading and draining
of the right-of--way of public grounds and the removal and replacement of dead or
diseased trees thereon; the reconstruction, extension and improvement of the existing
Municipal Airport; the acquisition, installation and repair of traffic control devices; the
rehabilitation, improvement and equipping of existing city parks, including facilities,
equipment and improvements commonly found in city parks; equipping of the fire
department; improvements to the Salt Storage Building; the renovation, improvement and
equipping of recreation grounds, including the Soccer Field and the Napoleon Softball
Field; the acquisition of art for public buildings and areas; roof repair and elevator
improvements to a Recreation Center; City Hall remodeling; miscellaneous
improvements to City Hall; improvements to the Mercer Swimming Pool, including filter
system replacement and roof repair to the Senior Center, and in order to evidence the
obligations of the Issuer under a certain Loan Agreement dated , 2009,
in conformity to a Resolution of the Council of the Issuer duly passed and approved. For
a complete statement of the revenues and funds from which and the conditions under
which this Note is payable, a statement of the conditions under which additional Notes of
equal standing may be issued, and the general covenants and provisions pursuant to
which this Note is issued, reference is made to the above described Loan Agreement and
Resolution.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Notes maturing after June 1, 2017, may be called for redemption by the Issuer and
paid before maturity on said date or any date thereafter, from any funds regardless of
source, in whole or from time to time in part, in any order of maturity and within an
annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date
of call.
Thirty days' notice of redemption shall be given by ordinary mail to the registered
owner of the Note. Failure to give such notice by mail to any registered owner of the
Notes or any defect therein shall not affect the validity of any proceedings for the
redemption of the Notes. All notes or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
-18-
If selection by lot within a maturity is required, the Registrar shall designate the
notes to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of notes to be called has been reached.
Ownership of this Note may be transferred only by transfer upon the books kept
for such purpose by the City Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this Note at the office of the Registrar as
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered noteholders of such change. All Notes shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the
provisions for registration and transfer contained in the Note Resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Note, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Note as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
payment hereof, both principal and interest, and the total indebtedness of the Issuer
including this Note, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to
be signed by the facsimile signature of its Mayor and attested by the facsimile signature
of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, the City Controller,
Iowa City, Iowa.
Item 11, figure 1 =Date of authentication:
Item 12, figure I =This is one of the Notes described in the within mentioned
Resolution, as registered by the City Controller
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CITY CONTROLLER, Registrar
By:
Authorized Signature
Item 13, figure 1 =Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = (Signature Block)
CITY OF IOWA CITY, STATE OF IOWA
By: (facsimile signature)
Mayor
ATTEST:
By: (facsimile signature)
City Clerk
Item 16, figure 1 = (Assignment Block)
(Information Required for Registration)
-20-
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No.
this Note and does hereby irrevocably constitute and appoint
attorney in fact to transfer this Note on the books kept for
registration of the within Note, with full power of substitution in the premises.
Dated this day of , 2009.
(Person(s) executing this Assignment
sign(s) here)
SIGNATURE
GUARANTEED
IMPORTANT -READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or Note(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
accordance with the prevailing standards and procedures of the Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax Identification
Number of Transferee(s)
Transferee is a(n):
Individual*
Partnership
Corporation
Trust
*If the Note is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
-21-
The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with rights of survivorship and not as tenants in common
IA UNIF TRANS MIN ACT - .......... Custodian ..........
(Gust) (Minor)
Under Iowa Uniform Transfers to Minors Act ...................
(State)
ADDITIONAL ABBREVIATIONS MAYBE ALSO
USED THOUGH NOT IN THE ABOVE LIST
Section 15. Contract Between Issuer and Purchaser. This Resolution shall
constitute a contract between said City and the purchaser of the Notes.
Section 16. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds from the issuance and sale of the
Notes issued hereunder which will cause any of the Notes to be classified as arbitrage
notes within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the
United States, as amended, and that throughout the term of the Notes it will comply with
the requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage notes. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to
certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 17. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
-22-
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Notes or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Notes (including persons holding Notes
through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Notes for federal income tax purposes.
Section 19. Additional Covenants, Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Notes from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined
in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums
of money representing required rebates of excess arbitrage profits relating to the Notes;
(e) file such forms, statements and supporting documents as may be required and in a
timely manner; and (f) if deemed necessary or advisable by its officers, to employ and
pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in
such compliance.
Section 20. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Notes if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Notes under applicable Federal law or regulations.
Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
-23-
PASSED AND APPROVED this 19th day of tray , 2009.
ATTEST:
Deputy city k
-24-
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 26th day of
Mai , 2009.
r ~~%~
City erk, City of Iowa City, State of Iowa
(SEAL)
613961.1 /MSWord10714.096
~~ -~$
May 19 _ , 2009
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa , at ~ : 00 o'clock P .M., on the above date. There were
present Mayor Bailey , in the chair, and the following named Council
Members:
Baileys Champion, Correia, Hayek, O'Donnell,
Wilburn Wright
Absent: None
******
-1-
Council Member Hayek moved that the form of Tax Exemption
Certificate be placed on file and approved. Council Member Champion
seconded the motion. The roll was called and the vote was,
AYES: Bailey, Champion, Correia, Hayek, O'Donnell,
NAYS:
Wilburn, Wright
None
Council Member champion .moved that the form of Continuing
Disclosure Certificate be placed on file and approved. Council Member
Hayek seconded the motion. The roll was called and the vote was,
AYES: Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
NAYS:
Council Member O'Donnell introduced the following Resolution
entitled "RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN
AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$5,840,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES,
SERIES 2009E, AND LEVYING A TAX TO PAY THE NOTES" and moved that it be
adopted. Council Member Champion seconded the motion to adopt, and
the roll being called thereon, the vote was as follows:
-2-
AYES: O'Donnell, Wilburn, Wright, Bailey, Champion.
Correia, Hayek
NAYS: None
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 09-179
RESOLUTION APPROVING AND AUTHORIZING A FORM OF
LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $5,840,000 GENERAL OBLIGATION
REFUNDING CAPITAL LOAN NOTES, SERIES 2009E, AND
LEVYING A TAX TO PAY THE NOTES
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the refunding of
outstanding general obligation indebtedness of the City, including the Series 2001
General Obligation Bonds dated June 15, 2001, an essential corporate purpose, and it is
deemed necessary and advisable that a form of Loan Agreement be approved and
authorized and General Obligation Capital Loan Notes, Series 2009E, to the amount of
$6,500,000 be authorized for said purpose; and
WHEREAS, pursuant to notice published as required by Sections 384.24, 384.24A
and 384.25 of said Code, this Council has held a public meeting and hearing upon the
proposal to institute proceedings for the issuance of the Notes, and the Council is
therefore now authorized to proceed with the issuance of $5,840,000 Capital Loan Notes;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral
multiple thereof.
-3-
• "Beneficial Owner" shall mean the person in whose name such Note
is recorded as the beneficial owner of a Note by a Participant on the records of
such Participant or such person's subrogee.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Notes.
• "Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery of the Notes, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
• "Depository Notes" shall mean the Notes as issued in the form of
one global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New
York, a limited purpose trust company, or any successor book-entry securities
depository appointed for the Notes.
• "Issuer" and "City" shall mean the City of Iowa City, State of Iowa.
• "Loan Agreement" shall mean a Loan Agreement between the Issuer
and a lender or lenders in substantially the form attached to and approved by this
Resolution.
• "Note Fund" shall mean the fund created in Section 4 of this
Resolution.
• "Notes" shall mean $5,840,000 General Obligation Refunding
Capital Loan Notes, Series 2009E, authorized to be issued by this Resolution.
• "Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Notes as securities depository.
• "Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Notes as the same shall become due.
-4-
• "Project" shall mean the costs of the refunding of outstanding
general obligation indebtedness of the City, including the Series 2001 General
Obligation Bonds dated June 15, 2001.
• "Project Fund" shall mean the fund into which a portion of the
proceeds that will be used, together with interest earnings thereon, to pay the
principal, interest and redemption premium, if any, on the Refunded Bonds.
• "Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
• "Refunded Bonds" shall mean $6,060,000 of the $11,500,000
General Obligation Bonds, Series 2001, dated June 15, 2001.
• "Registrar" shall mean the City Controller of Iowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Notes.
• "Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC on file with DTC.
• "Resolution" shall mean this resolution authorizing the Notes.
• "Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Treasurer and delivered at the time of issuance and
delivery of the Notes.
• "Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax• Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Notes hereinafter authorized to be issued, there is
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hereby levied for each future year the following direct annual tax on all of the
taxable property in the City of Iowa City, State of Iowa, to-wit:
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$970,347 2009/2010
$927,725 2010/2011
$947,325 2011/2012
$951,225 2012/2013
$950,600 2013/2014
$951,800 2014/2015
$951,600 2015/2016
(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1, 2008, will be collected during the fiscal year commencing
July 1, 2009).
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution shall be filed with the Auditor of Johnson County, Iowa and the
Auditor is hereby instructed in and for each of the years as provided, to levy and
assess the tax hereby authorized in Section 3 of this Resolution, in like manner as
other taxes are levied and assessed, and such taxes so levied in and for each of the
years aforesaid be collected in like manner as other taxes of the City are collected,
and when collected be used for the purpose of paying principal and interest on said
Notes issued in anticipation of the tax, and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at anytime
when the proceeds of said tax on hand shall be insufficient to pay the same shall
be promptly paid when due from current funds of the City available for that
purpose and reimbursement shall be made from such special fund in the amounts
thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt
Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE
FUND NO. 3" (the "Note Fund"), which is hereby pledged for and shall be used only for
the payment of the principal of and interest on the Notes hereinafter authorized to be
issued; and also there shall be apportioned to said fund its proportion of taxes received by
the City from property that is centrally assessed by the State of Iowa.
-6-
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and
expended therefrom for the purposes of the Project. Proceeds invested shall mature
before the date on which the moneys are required for payment of principal and interest on
the Refunded Bonds. Accrued interest, if any, shall be deposited in the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of
Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits exceeding the maximum
amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking
Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise
by a valid pledge of direct obligations of the United States Government having an
equivalent market value. All such interim investments shall mature before the date on
which the moneys are required for payment of principal of or interest on the Notes as
herein provided.
Section 7. Note Details Execution and Redemption.
(a) Note Details. General Obligation Refunding Capital Loan Notes, Series 2009E,
of the City in the total amount of $5,840,000 shall be issued to evidence the
obligations of the Issuer under the Loan Agreement pursuant to the provisions of
Sections 384.24, 384.24A, and 384.25 of the City Code of Iowa, as amended, for
the aforesaid purpose. The Notes shall be issued in one or more series and shall be
on a parity and secured equally and ratably from the sources provided in Section 3
of this Resolution. The Notes shall be designated "$5,840,000 GENERAL
OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2009E", be
dated June 8, 2009, and bear interest from the date thereof, until payment thereof,
at the office of the Paying Agent, said interest payable on December I, 2009, and
semiannually thereafter on the lst day of June and December in each year until
maturity at the rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, and
impressed or printed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, if any, shall be payable at the office of the Paying Agent by mailing of a
check to the registered owner of the Note. The Notes shall be in the denomination
of $5,000 or multiples thereof and shall mature and bear interest as follows:
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Principal
Amount
Interest
Rate
Maturity
June 1st
$800,000 2.00% 2010
$770,000 2.00% 2011
$805,000 2.00% 2012
$825,000 2.50% 2013
$845,000 4.00% 2014
$880,000 4.00% 2015
$915,000 4.00% 2016
(b) Redemption. The Notes are not subject to redemption prior to maturity.
Section 8. Issuance of Notes in Book-Entr~Form; R~lacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding
registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer
determines to permit the exchange of Depository Notes for Notes in the Authorized
Denominations, the Notes shall be issued as Depository Notes in denominations of the
entire principal amount of each maturity of Notes (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Notes shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
semi-annual interest for any Depository Note shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Notes, (iii)
the payment to any Participant, any Beneficial Owner or any other person, other than
DTC or its nominee, of any amount with respect to the principal of, premium, if any, or
interest on the Notes, or (iv) the failure of DTC to provide any information or notification
on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Note for the purpose of payment of the
-8-
principal of, premium, if any, and interest on such Note, for the purpose of all other
matters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures of DTC as may be
applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Notes to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Notes, registration thereof, and issuance in Authorized Denominations), as
long as the Notes are Depository Notes, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry
out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC
that the Notes are no longer eligible for its depository services or (iii) a determination by
the Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Notes to be so exchanged. The Registrar shall thereupon notify the
owners of the Notes and provide for such exchange, and to the extent that the Beneficial
Owners are designated as the transferee by the owners, the Notes will be delivered in
appropriate form, content and Authorized Denominations to the Beneficial Owners, as
their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended.
The substitute depository shall provide for (i) immobilization of the Depository Notes,
(ii) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear with
respect to such book entries.
-9-
Section 9. Registration of Notes• Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership of the Notes, and in no other way. The City Controller is hereby
appointed as Registrar under the terms of this Resolution. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Notes for the
payment of principal of and interest on the Notes as provided in this Resolution.
All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes
and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Notes and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is
to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Note (other than a registered
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
Note, a new fully registered Note, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unmatured
and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the
Notes, the Registrar shall register, at the earliest practicable time, on the
Registration Books, the Notes, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of
the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Notes and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid and effectual
-10-
to satisfy and discharge the liability upon such Note, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued
but shall be cancelled by the Registrar. All Notes which are cancelled by the
Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check representing
payment of principal of or interest on the Notes is returned to the Paying Agent or
if any Note is not presented for payment of principal at the maturity or redemption
date, if funds sufficient to pay such principal of or interest on Notes shall have
been made available to the Paying Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for such interest or payment of such
Notes shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without
liability for interest thereon, for the benefit of the owner of such Notes who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature
on his part under this Resolution or on, or with respect to, such interest or Notes.
The Paying Agent's obligation to hold such funds shall continue for a period equal
to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of
such interest or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each
owner, at the Issuer's expense, one Note for each annual maturity. The Registrar
shall furnish additional Notes in lesser denominations (but not less than the
minimum denomination) to an owner who so requests.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and
substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
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or its agent may prescribe and paying such. expenses as the Issuer may incur in
connection therewith.
Section 11. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Note, shall be made to the registered holder
thereof or to their designated Agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Notes to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Note to the Paying Agent.
Section 12. Execution, Authentication and Deliver~of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Note a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so
authenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
Section 13. Right to Name Substitute PayingLA~ent or Re isg trar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered noteholder.
-12-
Section 14. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
f~ll~ws:
(6) (6)
(7) (g)
(1)
(2) (3) (4) (5)
(9)
(9a)
(10)
(Continued on the back of this Note)
(11)(12)(13) ~ (14) (15)
FIGURE 1
(Front)
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(10) (I6)
(Continued)
FIGURE 2
(Back)
-14-
The text of the Notes to be located thereon at the item numbers shown shall be as
follows:
Item I, figure 1= "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION REFUNDING CAPITAL
LOAN NOTE"
"SERIES 2009E"
"ESSENTIAL CORPORATE PURPOSE"
Item 2, figure 1=
Item 3, figure 1=
Item 4, figure 1=
Item 5, figure 1=
Item 6, figure 1=
Item 7, figure 1=
Item 8, figure 1=
Rate:
Maturity:
Note Date: June 8, 2009
CUSIP No.:
"Registered"
Certificate No.
Principal Amount: $
Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal
corporation organized and existing under and by virtue of the Constitution and laws of
the State of Iowa (the "Issuer"), for value received, promises to pay from the source and
as hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of the City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable
on December 1, 2009, and semiannually thereafter on the 1st day of June and December
in each year.
Interest and principal shall be paid to the registered holder of the Note as shown
on the records of ownership maintained by the Registrar as of the 15th day preceding
such interest payment date. Interest shall be computed on the basis of a 360-day year of
twelve 30-day months.
This Note is issued pursuant to the provisions of Sections 384.24, 384.24A, and
3 84.25 of the City Code of Iowa, for the purpose of paying costs of the refunding of
-I S-
outstanding general obligation indebtedness of the City, including the Series 2001
General Obligation Bonds dated June 15, 2001, and in order to evidence the obligations
of the Issuer under a certain Loan Agreement dated , 2009, in
conformity to a Resolution of the Council of the Issuer duly passed and approved. For a
complete statement of the revenues and funds from which and the conditions under which
this Note is payable, a statement of the conditions under which additional Notes of equal
standing may be issued, and the general covenants and provisions pursuant to which this
Note is issued, reference is made to the above described Loan Agreement and Resolution.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Ownership of this Note may be transferred only by transfer upon the books kept
for such purpose by the City Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this Note at the office of the Registrar as
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered noteholders of such change. All Notes shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the
provisions for registration and transfer contained in the Note Resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Note, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Note as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
payment hereof, both principal and interest, and the total indebtedness of the Issuer
including this Note, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to
be signed by the facsimile signature of its Mayor and attested by the facsimile signature
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of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, the City Controller,
Iowa City, Iowa.
Item 11, figure 1 =Date of authentication:
Item 12, figure 1 =This is one of the Notes described in the within mentioned
Resolution, as registered by the City Controller
CITY CONTROLLER, Registrar
By:
Authorized Signature
Item 13, figure 1 =Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = (Signature Block)
CITY OF IOWA CITY, STATE OF IOWA
By: (facsimile signature)
Mayor
ATTEST:
By: (facsimile signature
City Clerk
Item 16, figure 1 = (Assignment Block)
(Information Required for Registration)
-17-
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No.
this Note and does hereby irrevocably constitute and appoint
attorney in fact to transfer this Note on the books kept for
registration of the within Note, with full power of substitution in the premises.
Dated this _ _ day of , 2009.
(Person(s) executing this Assignment
sign(s) here)
SIGNATURE
GUARANTEED
IMPORTANT -READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or Note(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
accordance with the prevailing standards and procedures of the Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax Identification
Number of Transferee(s)
Transferee is a(n):
Individual*
Partnership
Corporation
Trust
*If the Note is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
-18-
The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with rights of survivorship and not as tenants in common
IA UNIF TRANS MIN ACT - .......... Custodian ..........
(Gust) (Minor)
Under Iowa Uniform Transfers to Minors Act ...................
(State)
ADDITIONAL ABBREVIATIONS MAY BE ALSO
USED THOUGH NOT IN THE ABOVE LIST
Section 15. Contract Between Issuer and Purchaser. This Resolution shall
constitute a contract between said City and the purchaser of the Notes.
Section 16. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds from the issuance and sale of the
Notes issued hereunder which will cause any of the Notes to be classified as arbitrage
notes within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the
United States, as amended, and that throughout the term of the Notes it will comply with
the requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage notes. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to
certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 17. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
-19-
Section. 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Notes or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Notes (including persons holding Notes
through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Notes for federal income tax purposes.
Section 19. Additional Covenants, Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Notes from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined
in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums
of money representing required rebates of excess arbitrage profits relating to the Notes;
(e) file such forms, statements and supporting documents as may be required and in a
timely manner; and (fj if deemed necessary or advisable by its officers, to employ and
pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in
such compliance.
Section 20. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Notes if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Notes under applicable Federal law or regulations.
Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
-20-
PASSED AND APPROVED this 19th day of May , 2009.
ATTEST:
. ~~~~~
c
Deputy Clty T
-21-
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 26th day of
May , 2009.
City erk, City of Iowa City, State of Iowa
(SEAL)
613961.1 /MSWord10714.096
?,1 U
may 19 , 2009
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7:00 o'clock p .M., on the above date. There were present
Mayor Bailey , in the chair, and the following named Council Members:
Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn, Wright
Absent: None
******
-1-
05-1 -
9
Council Member Wright moved that the form of Continuing
Disclosure Certificate be placed on file and approved. Council Member
Hayek seconded the motion. The roll was called and the vote was,
AYES: Bailey., ham~ion, C'orrPia_,~ Pk, n'nnnnPll _
Wilburn, Wright
NAYS:
Council Member Hayek ^_ introduced the following Resolution
entitled "RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN
AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$505,000 TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES
2009D, AND LEVYING A TAX TO PAY THE NOTES" and moved that it be adopted.
Council Member Wilburn seconded the motion to adopt, and the roll
being called thereon, the vote was as follows:
AYES: Wilburn, Wright, Bailey Cha~ion, Correia,
Hayek, O'Donnell
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 09-180
RESOLUTION APPROVING AND AUTHORIZING A FORM OF
LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $505,000 TAXABLE GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2009D, AND LEVYING A TAX TO
PAY THE NOTES
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
-2-
WHEREAS, the City is in need of funds to pay costs of General Rehabilitation
and Improvement Program housing improvements and low income housing
improvements in connection with the Housing Fellowship necessary for the operation of
the City and the health and welfare of its citizens, general corporate purposes, and it is
deemed necessary and advisable that Taxable General Obligation Capital Loan Notes,
Series 2009D, to the amount of $510,000 be authorized for said purpose; and
WHEREAS, the City has a population of more than 5,000 but not more than
75,000; and
WHEREAS, pursuant to notice published as required by Sections 384.24,
384.24A, and 384.26 (5) of said Code, the Council of the City has held public meeting
and hearing upon the proposal to institute proceedings for the authorization to enter into a
loan agreement and the issuance of notes for general corporate purposes in the amounts
as above set forth, and, no petition for referendum having been received, the Council is
therefore now authorized to proceed with the issuance of $505,000 Capital Loan notes
thereof; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral
multiple thereof.
• "Beneficial Owner" shall mean the person in whose name such Note
is recorded as the beneficial owner of a Note by a Participant on the records of
such Participant or such person's subrogee.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Notes.
• "Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery of the Notes, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
-3-
• "Depository Notes" shall mean the Notes as issued in the form of
one global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company, New York, New
York, a limited purpose trust company, or any successor book-entry securities
depository appointed for the Notes.
• "Issuer" and "City" shall mean the City of Iowa City, State of Iowa.
• "Loan Agreement" shall mean a Loan Agreement between the Issuer
and a lender or lenders in substantially the form attached to and approved by this
Resolution.
• "Note Fund" shall mean the fund created in Section 4 of this
Resolution.
• "Notes" shall mean $505,000 Taxable General Obligation Capital
Loan Notes, Series 2009D, authorized to be issued by this Resolution.
• "Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Notes as securities depository.
• "Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Notes as the same shall become due.
• "Project" shall mean the costs of General Rehabilitation and
Improvement Program housing improvements and low income housing
improvements in connection with the Housing Fellowship necessary for the
operation of the City and the health and welfare of its citizens.
• "Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Notes.
• "Registrar" shall mean the City Controller of Iowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Notes.
-4-
• "Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC on file with DTC.
• "Resolution" shall mean this resolution authorizing the Notes.
• "Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax• Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Notes hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in the City of Iowa City, State of Iowa, to-wit:
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$111,423 * 2009/2010
$110,150 2010/ 1011
$108,150 2011 /2012
$105,900 2012/2013
$108,150 2013/2014
*Payable from available funds of the City.
(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1, 2008, will be collected during the fiscal year commencing
July 1, 2009.
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution shall be filed with the Auditor of Johnson County, Iowa and the
Auditor is hereby instructed in and for each of the years as provided, to levy and
assess the tax hereby authorized in Section 3 of this Resolution, in like manner as
other taxes are levied and assessed, and such taxes so levied in and for each of the
years aforesaid be collected in like manner as other taxes of the City are collected,
-5-
and when collected be used for the purpose of paying principal and interest on said
Notes issued in anticipation of the tax. and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at anytime
when the proceeds of said tax on hand shall be insufficient to pay the same shall
be promptly paid when due from current funds of the City available for that
purpose and reimbursement shall be made from such special fund in the amounts
thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt
Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE
FUND NO. 2" (the "Note Fund"), which is hereby pledged for and shall be used only for
the payment of the principal of and interest on the Notes hereinafter authorized to be
issued; end also there shall be apportioned to said fund its proportion of taxes received by
the City from property that is centrally assessed by the State of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and
expended therefrom for the purposes of the Project. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of or interest on the Notes at any
time that other funds shall be insufficient to the purpose, in which event such funds shall
be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the
Project Fund and not immediately required for its purposes may be invested not
inconsistent with limitations provided by law or this Resolution. Accrued interest, if any,
shall be deposited in the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of
Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits exceeding the maximum
amount insured from time to time by FDIC or its equivalent successor in any one
financial institution shall be continuously secured in compliance with the State Sinking
Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise
by a valid pledge of direct obligations of the United States Government having an
equivalent market value. All such interim investments shall mature before the date on
which the moneys are required for payment of principal of or interest on the Notes as
herein provided.
-6-
Section 7. Note Details Execution and Redemption.
(a) Note Details. Taxable General Obligation Capital Loan Notes, Series 2009D,
of the City in the total amount of $505,000, shall be issued to evidence the
obligations of the Issuer under the Loan Agreement pursuant to the provisions of
Sections 3 84.24, 3 84.24A, and 3 84.26 of the City Code of Iowa, as amended, for
the aforesaid purpose. The Notes shall be issued in one or more series and shall be
on a parity and secured equally and ratably from the sources provided in Section 3
of this Resolution. The Notes shall be designated " $505,000 TAXABLE
GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2009D", be dated
June 8, 2009, and bear interest from the date thereof, until payment thereof, at the
office of the Paying Agent, said interest payable on December 1, 2009, and
semiannually thereafter on the 1st day of June and December in each year until
maturity at the rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, and
impressed or printed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, if any, shall be payable at the office of the Paying Agent by mailing of a
check to the registered owner of the Note. The Notes shall be in the denomination
of $5,000 or multiples thereof and shall mature and bear interest as follows:
Principal
Amount
Interest Maturity
Rate June 1st
$100,000 1.50% 2010
$100,000 2.00% 2011
$100,000 2.25% 2012
$100,000 2.75% 2013
$105,000 3.00% 2014
(b) Redemption. The Notes are not subject to redemption prior to maturity.
Section 8. Issuance of Notes in Book-Entry Form• Replacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding
registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer
determines to permit the exchange of Depository Notes for Notes in the Authorized
Denominations, the Notes shall be issued as Depository Notes in denominations of the
-7-
entire principal amount of each maturity of Notes (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Notes shall be registered in the name of Cede & Co., as nominee of DTC. Payment of
semi-annual interest for any Depository Note shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership
interest in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any
other person, other than DTC or its nominee, of any notice with respect to the Notes, (iii)
the payment to any Participant, any Beneficial Owner or any other person, other than
DTC or its nominee, of any amount with respect to the principal of, premium, if any, or
interest on the Notes, or (iv) the failure of DTC to provide any information or notification
on behalf of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Note for the purpose of payment of the
principal of, premium, if any, and interest on such Note, for the purpose of all other
matters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures of DTC as may be
applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Notes to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Notes, registration thereof, and issuance in Authorized Denominations), as
long as the Notes are Depository Notes, full effect shall be given to the Representation
Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry
out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC
that the Notes are no longer eligible for its depository services or (iii) a determination by
the Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
-8-
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Notes to be so exchanged. The Registrar shall thereupon notify the
owners of the Notes and provide for such exchange, and to the extent that the Beneficial
Owners are designated as the transferee by the owners, the Notes will be delivered in
appropriate form, content and Authorized Denominations to the Beneficial Owners, as
their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended.
The substitute depository shall provide for (i) immobilization of the Depository Notes,
(ii) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear with
respect to such book entries.
Section 9. Registration of Notes Appointment of Registrar; Transfer; Ownership;
DeliverX; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership of the Notes, and in no other way. The City Controller is hereby
appointed as Registrar under the terms of this Resolution. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Notes for the
payment of principal of and interest on the Notes as provided in this Resolution.
All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes
and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Notes and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is
to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Note (other than a registered
-9-
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
Note, a new fully registered Note, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unmatured
and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the
Notes, the Registrar shall register, at the earliest practicable time, on the
Registration Books, the Notes, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of
the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Notes and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Note, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued
but shall be cancelled by the Registrar. All Notes which are cancelled by the
Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check representing
payment of principal of or interest on the Notes is returned to the Paying Agent or
if any Note is not presented for payment of principal at the maturity or redemption
date, if funds sufficient to pay such principal of or interest on Notes shall have
been made available to the Paying Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for such interest or payment of such
Notes shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without
liability for interest thereon, for the benefit of the owner of such Notes who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature
on his part under this Resolution or on, or with respect to, such interest or Notes.
The Paying Agent's obligation to hold such funds shall continue for a period equal
to two years and six months following the date on which such interest or principal
-10-
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of
such interest or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each
owner, at the Issuer's expense, one Note for each annual maturity. The Registrar
shall furnish additional Notes in lesser denominations (but not less than the
minimum denomination) to an owner who so requests.
Section 10. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and
substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
or its agent may prescribe and paying such expenses as the Issuer may incur in
connection therewith.
Section 1 I .Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Note, shall be made to the registered holder
thereof or to their designated Agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Notes to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Note to the Paying Agent.
Section 12. Execution, Authentication and Delivery of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Note a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so
authenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
Section 13. Right to Name Substitute Paying Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered noteholder.
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Section 14. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows•
(6) (6)
(~) (g)
(1)
(2) (3)~~ (4) (5)
(9)
(9a)
(10)
(Continued on the back of this Note)
(11)(12)(13) ~ (14) ~ I - (15)
FIGURE 1
(Front)
-12-
(10) (16)
(Continued)
FIGURE 2
(Back)
-13-
The text of the Notes to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1= "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"TAXABLE GENERAL OBLIGATION CAPITAL LOAN
NOTE"
"SERIES 2009D"
"GENERAL CORPORATE PURPOSE"
Item 2, figure 1= Rate:
Item 3, figure 1= Maturity:
Item 4, figure I= Note Date: June 8, 2009
Item 5, figure 1= CUSIP No.:
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate No.
Item 8, figure 1= Principal Amount: $
Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal
corporation organized and existing under and by virtue of the Constitution and laws of
the State of Iowa (the "Issuer"), for value received, promises to pay from the source and
as hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of the City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable
on December 1, 2009, and semiannually thereafter on the 1st day of June and December
in each year.
THE HOLDERS OF THE NOTES SHOULD TREAT THE INTEREST AS
SUBJECT TO FEDERAL INCOME TAXATION.
Interest and principal shall be paid to the registered holder of the Note as shown
on the records of ownership maintained by the Registrar as of the 15th day preceding
such interest payment date. Interest shall be computed on the basis of a 360-day year of
twelve 30-day months.
-I4-
This Note is issued pursuant to the provisions of Sections 384.24, 384.24A, and
384.26 of the City Code of Iowa, for the purpose of paying costs of General
Rehabilitation and Improvement Program housing improvements and low income
housing improvements in connection with the Housing Fellowship necessary for the
operation of the City and the health and welfare of its citizens, and in order to evidence
the obligations of the Issuer under a certain Loan Agreement dated ,
2009, in conformity to a Resolution of the Council of the Issuer duly passed and
approved. For a complete statement of the revenues and funds from which and the
conditions under which this Note is payable, a statement of the conditions under which
additional Notes of equal standing may be issued, and the general covenants and
provisions pursuant to which this Note is issued, reference is made to the above described
Loan Agreement and Resolution.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Ownership of this Note may be transferred only by transfer upon the books kept
for such purpose by the City Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this Note at the office of the Registrar as
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered noteholders of such change. All Notes shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the
provisions for registration and transfer contained in the Note Resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Note, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Note as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
-IS-
payment hereof, both principal and interest, and the total indebtedness of the Issuer
including this Note, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to
be signed by the facsimile signature of its Mayor and attested by the facsimile signature
of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, the City Controller,
Iowa City, Iowa.
Item 11, figure 1 =Date of authentication:
Item 12, figure 1 =This is one of the Notes described in the within mentioned
Resolution, as registered by the City Controller
CITY CONTROLLER, Registrar
By:
Authorized Signature
Item 13, figure 1 =Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = (Signature Block)
CITY OF IOWA CITY, STATE OF IOWA
By: (facsimile signature)
Mayor
ATTEST:
By: (facsimile signature)
City Clerk
Item 16, figure 1 = (Assignment Block)
-16-
(Information Required for Registration)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No.
this Note and does hereby irrevocably constitute and appoint
attorney in fact to transfer this Note on the books kept for
registration of the within Note, with full power of substitution in the premises.
Dated this day of , 2009.
(Person(s) executing this Assignment
sign(s) here)
SIGNATURE
GUARANTEED
IMPORTANT -READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or Note(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
accordance with the prevailing standards and procedures of the Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax Identification
Number of Transferee(s)
Transferee is a(n):
Individual*
Partnership
Corporation
Trust
-I7-
*If the Note is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with rights of survivorship and not as tenants in common
IA UNIF TRANS MIN ACT - .......... Custodian ..........
(Gust) (Minor)
Under Iowa Uniform Transfers to Minors Act ...................
(State)
ADDITIONAL ABBREVIATIONS MAYBE ALSO
USED THOUGH NOT IN THE ABOVE LIST
Section 15. Contract Between Issuer and Purchaser. This Resolution shall
constitute a contract between said City and the purchaser of the Notes.
Section 16. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Notes or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, any Notes (including persons holding Notes
through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Notes for federal income tax purposes.
-18-
Section 18. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 19th day of tray , 2009.
ATTEST:
~~ ~
Deputy city
-19-
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy. or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 26th day of
May , 2009.
~•
City erk, City of Iowa City, State of Iowa
(SEAL)
613879.] /MSWord10714.095
M~~
10
Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 09-181
RESOLUTION ADOPTING THE IOWA CITY PARKS, RECREATION, AND
TRAILS MASTER PLAN FINAL REPORT AND EXECUTIVE SUMMARY
WHEREAS, the City of Iowa City has hired GreenPlay, LLC ("GreenPlay") to help staff develop a Parks,
Recreation and Trails Master Plan and Executive Summary for the Department of Parks and Recreation; and
WHEREAS, GreenPlay has inventoried existing parks, trails and recreation facilities, examined community
demographics and community recreation trends, and conducted a public engagement process including
meetings, a survey, a public meeting, and news releases; and
WHEREAS, at a City Council work session on October 20, 2008, GreenPlay staff presented to the City
Council the findings from the community engagement process; and
WHEREAS, at a City Council work session on January 28, 2009, staff presented City Council with copies of
the Iowa City Parks, Recreation, and Trails Master Plan Final Report and Executive Summary for their
review; and
WHEREAS, the Parks and Recreation Commission reviewed the Parks, Recreation, and Trails Master Plan
Final Report and Executive Summary at its regular meeting on March 11, 2009, and expressed informal
support for the Master Plan; and
WHEREAS, adoption of the Parks, Recreation, and Trails Master Plan Final Report and Executive Summary
does not bind the City Council to any specific recommendations, and any recommendations that would
require further City Council action, such as funding requests, intergovernmental agreements, or the
conveyance of real property, would be brought to the City Council for consideration by ordinance or resolution
as appropriate; and
WHEREAS, the City Council has considered the Parks, Recreation, and Trails Master Plan Final Report and
Executive Summary and believes that it is in the best interests of the City and its citizens that the Parks,
Recreation, and Trails Master Plan Final Report and Executive Summary be adopted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT: the Iowa City Parks, Recreation and Trails Master Plan Final Report and Executive Summary, dated
November 2008 and on file in the office of the City clerk, is hereby adopted.
Passed and approved this 19th day of
ATTEST: ~ \~. V a '% , ;~~~ ~~i?'C'9ti-J
DEPUTY CITI~O,L RK City Attorney's Office
3/3 ~~~` ~
Resolution No. t`19-181
Page 2
It was moved by Wilburn and seconded by Champion the Resolution be adopted,
and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
~-
~_
_~-
~_
~-
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
parksrec/res/masterplan.doc
Page 1 of 1
~U
Marian Karr
From: lorinditzler@gmail.com on behalf of Lorin Ditzler [lorin@iowacityarea.com]
Sent: Tuesday, May 19, 2009 1:13 PM
To: Council
Cc: Mike Moran
Subject: Thank you from Parks and Recreation Commission Member
Council Members -
Thank you for meeting with our commission last night. I appreciate your serious consideration of our
proposed master plan. Your points concerning the prioritization of goals and the need to seek new
avenues of funding are well taken, and I look forward to working together more closely as we continue
to grow our parks and recreation system. As Aaron said last night, this master plan can put us on track
to stay competitive in our recreational offerings, a critical piece in the overall development of Iowa
City.
Thanks again for your feedback.
Lorin Ditzler
Parks and Recreation Commission
Lorin Ditzler
Director of Special Events and Leadership Programs
Iowa City Area Chamber of Commerce
(319) 337-9637
Lorin@owacityar cacom.
www.iowactyareacom
Coming up at the Chamber:
North Liberty Golf Outing. May 28, Saddleback Ridge Golf Course. Reserve your foursome by May
20.
Details and full event calendar at: http•//www iowacityarea.com/Event/Event.as~x
5/19/2009
Page 1 of 1
to
Marian Karr
From: John Westefeld [jestefeld@mchsi.com]
Sent: Tuesday, May 19, 2009 3:00 PM
To: Council
Subject: Thanks
Members of the City Council--I am writing to thank you for meeting with us (Parks and Recreation
Commission) last night. We appreciated both the invitation and the opportunity for dialogue. Thanks
again very much.
John Westefeld
5/19/2009
~~
Prepared by: Kristopher Ackerson, Assistant Transportation Planner, 410 E. Washington St.
Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 09-182
RESOLUTION DECLARING THE CITY OF IOWA CITY'S APPLICATION FOR
TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS FOR TRAFFIC
CONTROL DEVICES ON BENTON STREET AND ROHRET ROAD
WHEREAS, the Iowa Department of Transportation administers the Traffic Safety Improvement
Program (TSIP), the purpose of which is to fund traffic engineering improvements which reduce
vehicle collisions; and
WHEREAS, the City of Iowa City desires to make an application to said grant program for asite-
specific improvement which will include the installation of additional traffic control devices on
Benton Street and Rohret Road; and
WHEREAS, a requirement of the grant application is a resolution officially endorsing the
application and the assurance that any funded improvements will be adequately maintained; and
WHEREAS, The City of Iowa City's application and proposed project conforms with the JCCOG
Long Range Multimodal Transportation Plan by reducing collisions and increasing the efficiency of
the Benton Street and Rohret Road corridors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City hereby officially endorses and directs City staff to submit a TSIP application to
Iowa DOT before the June 15, 2009 deadline for certain Benton Street and Rohret Road
traffic control improvements and agrees to adequately maintain any funded improvements.
2. The City Engineer or designee is hereby authorized to execute the "Application
Certification for Local Government."
3. The City Manager or designee is hereby authorized to execute all necessary agreements
and documents for said grant with the Iowa Department of Transportation.
Passed and approved this 19t~1ay ofr1~_
Deputy
Approved by: ,~lG~(f
City Attorney's Office
s/I ~~d 9
%k
C:\WINDOWS\Temporary Internet Files\OLKAOE\TSIP Benton Street resolution.DOC
Resolution No. 09-182
Page 2
It was moved by Wilburn and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
x
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdatalglossarylresolution-ic.doc
11
~~ m e m o
r~~
Date: May 7, 2009
To: City Council
From: Kristopher Ackerson, Assistant Transportation Planner ~'~
Re: Grant Application to Traffic Safety Improvement Program
Transportation Planning staff recently conducted research of speed limit
compliance within school zones in Iowa City and Coralville, as well as s="~'~
traffic engineering opportunities to improve speed compliance. S~~F
Changeable speed limit signs have increased compliance in other
communities (see photo). The sign displays a 25 mph speed limit but
changes to 20 mph during 2-hour blocks before and after school. Based ~~
on traffic patterns, speed limits, and collision history, staff identified three sites in Iowa City
where changeable speed limit signs could be considered: Benton Street at Horn and Roosevelt
elementary schools, and at Van Allen Elementary on Rohret Road.
The Iowa Department of Transportation administers a grant program called the Traffic Safety
Improvement Program that funds uses of new traffic engineering tools, such as changeable
speed limit signs. Staff proposes applying for up to $15k to purchase signs and monitoring their
effectiveness under local conditions. If the signs increase speed limit compliance the City could
consider additional locations, but if they are ineffective the signs will be removed. A grant award
will purchase six signs.
Feel free to contact me at 356-5247 or Kristopher-Ackerson(a~iowa-city.orq. Iwill also be at your
May 18th work session to answer questions.
S:\PCD\JCCOG\TRANS\Bike and Ped Planning\Memos\TSIP Appliation Cover Memo_5_7_09.doc
Prepared by: Kristopher Ackerson, Assistant Transportation Planner, 410 E. Washington St.
Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO.
RESOLUTION DECLARING THE CITY OF IOWA CITY'S APPLICATION FOR
TRAFFIC SAFETY IMPROVEMENT PROGRAM (TSIP) FUNDS FOR TRAFFIC
CONTROL DEVICES ON BENTON STREET AND ROHRET ROAD
WHEREAS, the Iowa Department of ransportation administers the Traffic Safety Improvement
Program (TSIP), the purpose of which to fund traffic engineering improvements which reduce
vehicle collisions; and
WHEREAS, the City of Iowa City desires to ake an application to aid grant program for asite-
specific improvement which will include the 'nstallation of additio al traffic control devices on
Benton Street and Rohret Road; and
WHEREAS, a requirement of the grant application s a resolution fficially endorsing the
application and the assurance that any funded imp vements wi be adequately maintained; and
WHEREAS, The City of Iowa City's application and ~
Long Range Multimodal Transportation Plan by reduci
the Benton Street and Rohret Road corridors.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY, IOWA, THAT:
ject conforms with the JCCOG
and increasing the efficiency of
COUNCIL OF THE CITY OF IOWA
1. The City hereby officially endorses and dire s City aff to submit a TSIP application to
Iowa DOT before the June 15, 2009 deadli a for cert 'n Benton Street and Rohret Road
traffic control improvements and agrees to dequately intain any funded improvements.
2. The City Engineer or designee is h reby authoriz d to execute the "Application
Certification for Local Government."
3. The City Manager or designee is here y authorized to ex ute all necessary agreements
and documents for said grant with th Iowa Department of ansportation.
Passed and approved this 19th day of I~l(ay, 2009, on a vote of ~ affirmative and
negative. /
Mayor
ATTEST:
City Clerk
Approved by:
City Attorney'
~(~~(~ ~
C:\WINDOWS\Temporary Internet Files\OLKAOE\TSIP Benton Street resolution (2).DOC
~~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-183
RESOLUTION APPROVING THE HAZARD MITIGATION GRANT PROGRAM (HMGP)
ADMINISTRATIVE PLAN.
WHEREAS, the City has identified properties in Parkview Terrace Subdivision and along
Taft Speedway that it wishes to purchase for flood mitigation purposes with Hazard
Mitigation Grant Program ("HMGP")funds;
WHEREAS, FEMA has announced that the City has been awarded HMGP funds to
purchase said properties;
WHEREAS, as part of the HMGP process, the City must submit an administrative plan to
FEMA that explains how the program will be implemented and administered in Iowa City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
The attached Hazard Mitigation Grant Program Administrative Plan is approved.
Passed an pprove~
R
this i9ttt. day of rra~r , 2009.
'l3°~~
~~
j
ATTEST: ~`v
DEPUTY CL RK City Attorney's Office
Resolution No. 09-183
Page 2
It was moved by Wilburn and seconded by wri_~ r the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
x
X
X
X
x
~-
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossarylresolution-ic. doc
ADMINISTRATIVE PLAN
Voluntary Property Acquisition Funded Under the
Hazard Mitigation Grant Program for DR 1763
Adopted by the Iowa City Council
On May 12, 2009
Prepared By
David Purdy
City of Iowa City
Planning and Community Development
1
Background Infiormation
In winter 2007-2008, Iowa City received substantial snowfall. This was followed by significant
rainfall in the spring of 2008. As a result, in June 2008, the Iowa River rose to 32.5 feet. This was
nearly 9.5 feet over flood stage. The flood caused substantial damages to Iowa City homes,
businesses, parks, a church, and the University of Iowa. There were 270 damaged homes in Iowa
City. The total amount of damages was over $52 million dollars.
The City Council decided that the best option for mitigating future damages was to acquire,
demolish, and return to green space properties in the special flood hazard area. It was determined
that 57 properties were eligible for Hazard Mitigation Grant Prograzn (HMGP) acquisition. Of
these 57 properties, 40 decided to participate in the program.
On the 60' day of January 2009, the City Council authorized''the submission of a Hazard
Mitigation Grant Program application to the Iowa Homeland '-Security and Emergency
Management (HSMED) for the purpose of obtaining federal/state financial assistance under the
Robert T. Stafford Disaster Relief and Emergency ~lssistancc .~.ct and the cadc,of Iowa, Chapter
29C. The HMGP application was submitted by ':the Iowa °City Planning and Community
Development Department to the Iowa Homeland Security: office on January 13, 2009.
David Purdy, Associate Planner in the P1?nninp-and Community Development Department, will
be administering the grant on behalf of the City of .Iowa City.
This administrative plan was created to explain .how the program would be administered within
the community. The community~`is".committed to making the program work as efficiently and
quickly as possible, so that't~ie.affected property oYVners map promptly make informed decisions
regarding their property-.
The Property Acquisition Process
Valuation Methodology for Properties to be Acquired
The City has determined that the pre-flood fair market value of the properties is 112% of
assessed value for the 2008 tax year. The City reviewed the sales and assessed values of
homes in the Parkview Terrace and Taft Speedway areas from January 1, 2007 to June 23,
2008. In some instances, the sales price exceeded the assessed values and in some instances
it did not. The resulting median value was 87.90, which is how the City arrived at the figure
of 112% of the assessed value as a value of homes at the time of the flood.
The City will verify that the current owner owned the property at the time of the flood, and
thus is eligible for pre-flood fair market value, by reviewing the Iowa City Recorder's
records. The City will also have the owner sign FEMA Form 90-69B to ensure that the
2
owner is either a U.S. national or qualified alien. In the HMGP application, there were no
property owners who had purchased a home after the flood event. If there were property
owners who had purchased a home after the flood event, their property valuation would
have been the current fair market value.
Community Priorities for Property Acquisition
Iowa City has established priorities for acquisition under the HMGP grant The first priority
would be owner occupied homes that were located in the special flood hazard area and received
substantial damages. Substantial damages are damages sustained by a structure during a disaster
whereby the cost of restoring the structure to its pre-disaster state would equal or exceed 50% of
the structure's pre-disaster market value.
An owner-occupant is defined as follows:
1. Holds title to the property with valid decd of valid real estate contract that pre-
dates the flood event.
2. Continues to hold title to the property to the date of the City's offer to purchase,
Prunary residence is defined as the ownex'.s ,principal place:. of residence. The owner must
have resided at their residence at least six monrhsplus one day (prior to the flood event) out
of the previous. twelve months to be considered prul~ar~ . "1"his will be verified in order of
preference by 1) Homestead Exemption on the properr`•; 2) Utility bills on the property or 3)
Owner-signed certification stating~that the property is their primary residence.
The second priority urould be se,emdary.residences in a special flood hazard area that received
substantial damages: "There was one such property in the application. Again, the homeowner
would have toehold tlfle tc~the property as of the flood event and continue to hold title until the
date of closing.
The third priority would be vacant lots in the special flood hazard area that are contiguous to a
property that had a lime that was substantially damaged. One vacant lot was also included in the
application. The property owner would need to hold title to the vacant land as of the flood event
and continue to hold title to the property until the date of closing.
Community Pre-Acquisition Activities
The City shall undertake a number of activities relating to each property prior to making an
offer to purchase. Briefly, these activities are:
1) Identifying the owners who still want their property to be considered for
acquisition
2) Determining pre-flood market value for each property
3) Developing a sample offer form and the appeals process for a owner who may
wish to contest the fair market value of the property
4) Starting the process of collecting receipts from the homeowner fox the duplication
of benefits review
Timing of OfFers to Property Owners
The City will make offers to purchase willing and eligible property owners after completion of the
pre-acquisition activities and after the HMGP grant agreement has been signed. After the
property owner indicates their interest in participating in the voluntary acquisition program and an
agreement has been signed, the City will:
a. Order an abstract update and title opinion
b. Work with FEMA and the Small Btismess Admuistration (SBA) to obtain
detailed information about what benefits the homeownerrzzay have received
The City intends to make offers to all owners afi the. same tune:.:.
Acquisition OfFers to Property Owners
The City will provide a written purchase price at the., tune an offer to purchase is presented.
An example of the form that.. will be used .is attached -;<Purchase Offer Form. Essential
factors in the form include:
Cloning Date -The closing date will . be no longer> than 30 days after the acceptance of the
offer, with an extensi~ ~t7 availably: for good cause; requested in writing. If approved, the offer
agreement will be"amcndea.
Clear Title The seller must pto~Tide clear title to the City's satisfaction before the closing can
occur: The seller must conveyby warranty deed.
Eligibility -The City :will certify the property owner is either a National of the United States
or qualified alien before:;offering pre-flood market value for the property.
Expiration Date -The City will allow up to thirty (30) days from the date the offer is made
for the seller to decide whether to accept. The seller may decide to accept the offer before
the 30 day timeline. The City intends to close within thirty (30) days of acceptance of the
offer, unless both City and seller mutually agree to extend the terms of the agreement. Sellers
will be reminded that if they do not want to accept the offer, they must let the City know as
soon as possible.
Property Inspection -The City will have the right to inspect the property within 15 days of
acceptance of the agreement for structural, mechanical, plumbing, electrical, environmental,
hazardous materials, or other deficiencies and to assure the home is vacant.
4
Removal of Debris -The seller agrees to remove, at their expense, prior to closing, all vehicles
and vehicle parts, firewood, construction material debris, and other personal property
located on the site.
Relocation Outride the Floodplain - If seller accepts the City's offer, they will be required to
purchase or rent a decent, safe and sanitary housing unit by April 30,2010 that is located
outside of Zone A, NFIP Flood Hazard map boundaries to be eligible for Supplemental
Housing Benefits
Increased Cost of Compliance Tranrfer- If the seller had a National Flood Insurance Policy at the
time of the flood event, the seller will be required to assign their rights to Increased Cost of
Compliance to the City
Subject to Approval of the City Council -The offer is.: subject to City Ge?uncil approval of the
form of offer. Each property transaction is subject to City Manager ap~rgval.
With the exception of the price, the City will make the same written offer. to every owner.
The price will be the fair market value. _{112% of the 200$ assessed value of the property) less
any duplication of benefits. All owners will be treated fairly., and will be offered equitable
acquisition offers. The offer will be mailed to~-each seller by regular U.S. mail. All sellers will
be offered an appeal process in which the hear~ti'g ~of~tccr is :r..rxon-City employee.
As stated above, the offer ~~ ill be contingent on the owner signing FEMA Form 90-69B and
certifying that the owner is earner a.IT.S. national or qualified alien. If the owner is neither a
U.S. national or qualified ahen,~or.refi~ses to sign Form 90-69B, the City will make a second
offer based on flat cuu~nr f~ir~riail.~t value~fahe property.
Deductions from Property Acquisition OfFer
As applicable, insutaiice proceeds for real estate damage, other public payments as deternuied by
FEMA that represent a duplication of payment for the real estate, properly taxes due and owing,
and other payments required to clear special assessments, liens or judgments, will be paid prior to
closing or deducted at the time of closing.
The City will receive individual determinations by FEMA and SBA of the deductions or credits
on FEMA and/or SBA funds already disbursed. Iowa City will begin the process by collecting
receipts for structural repairs and/or rent for alternative accommodations. Once the grant
agreement has been signed, FEMA will send Iowa City prelnminary duplication of benefits for
each property. Iowa City will send Iowa Homeland Security the collected receipts along with
signed affidavits from homeowners and an official Duplication of Benefits Request form. Iowa
Homeland Security will forward the information to FEMA. FEMA will make the final
determination. Iowa City will receive a settlement sheet for each property. The property owner
will sign the settlement sheet at closing.
5
Process If Offer is Accepted by Property Owner(s)
If the property owner accepts the City's offer, the following will be undertaken:
1. The seller will deliver the abstract of title to the City Attorney's office.
2. The City will forward the abstract to a local abstracting company to have it updated
3. After the abstract is updated, the City will provide a preliminary title opinion to the
owner
4. The owner will need to address all title objections and satisfy all the City's contingencies
in the offer agreement
5. Upon receipt of the necessary title-clearing documents from the seller and satisfaction of
the offer's contingencies, the City will prepare a closing statement~'utilizing the HUD-1
Settlement Statement Form, and set up the clo'siilg
6. The Ciry will undertake the required property `in$pections and prepare appropriate
requisitions.
7. The owner will be required to pay the real estate`ta.~es due and payable as of the date of
closing and a prorated share; .based upon, the date of possession, of the real estate taxes
for the fiscal year in which possession is given due and payable in the subsequent fiscal
Yew
8. The City ar}d=the feller w~<~l.osc the tr~risaction. The City will take possession at the
time of cl~~.ing, whlcl~~eans that_rhe home must be empty.
Process If Offer is Rejected by Property Owner(s)
If the property owner rejects<the community's offer, or negotiations are otherwise ternvnated, the
City will obtain a written st~itement signed by the property owner indicating they wish to terminate
negotiations. The notice will be included in the property owners file. The file will be closed. The
City will notify Iowa Homeland Security HMGP acquisition office of the ternunation. All funds
related to the closed property's acquisition will be returned to Iowa Homeland Security office.
Appeals Process for Property Owners
The owner will have the right to appeal the City's determination of the fair market value of
the property widen thirty (30) days of the receiving the offer. The appeal hearing will be at
a date and time convenient to the owner. The City will contract with a third party (non-City
s
employee) to hear the appeals. The owner may have anyone attend the hearing that the
owner believes will help them. The owner has the right to be represented by legal counsel or
other representatives in connection with the appeal at any time, but that representation is
solely at the owner's expense.
Both the owner and the City will be given full and equal opportunity to be heard, and both
may present oral and written information on an informal basis without regard to the rules of
evidence. Both also may object to information presented and question those presenting
information. The owner may inspect and copy all materials that the City has pertinent to the
appeal.
The hearing officer will make a written decision within thirty (30) days and mail it the
owner. The decision will summarize all the information considered including a list of the
documents submitted and the records reviewed. The decision will explain the rationale
underlying the decision.
Contracted Services ~~
The City shall hire a number of service`s, to be performed sin a contractual basis to assist in the
acquisition program. The services contracted for, or to be contracted for are:
1. Abstracts
2. Appeals of fair.market values
3. Demolition work
Iowa City will have their E>> ocurement;pxocedures'and bid documents reviewed by the State.
The City's,Procuremenf `Y'Qlicies are;,
Purchases fcst all City departments for.the City of Iowa City shall be in accordance with the
City Procurement Policy/Purchasing manual. Iowa City's Procurement Procedures will
comply with federal or state guidelines.
Methods of source selection are as follows:
-Public Improvements
Competitive sealed bidding shall be used for Public Improvement Contracts of $100,000
or greater (Code of Iowa) or Road Projects of $57,000 or greater. This process shall
consist of:
Public hearing on plans and specifications
Approval of plans and specifications by City Council
Invitation for bids
Bid opening
Bid acceptance and bid evaluation
Bid award -City Council authorization
7
The competitive quotation process is required fox public improvement projects estimated
between $57,000 and $100,000. This process shall consist of:
Notice to bidders
Bid opening
Bid evaluation
Bid acceptance and award by City Manager
Notice of award in minutes of next meeting of City Council
The informal quotation process is required fox public improvement projects and street,
bridge and culvert projects under $57,000. This process shall consist of:
Invitation to bid
Bid opening
Bid evaluation
Bid acceptance and award by City Manager over $5,000, Department Director over
$1,500 or Division Head under $1,500
-Professional Services
The consultant selection procedures guide all City departments involvedin procuring
engineering, architectural, and other professional services. Within approved:budgets, the
City Manager may approve contracts up to $50,000 and .the City Council approves
contracts over $50,000.
Debarred and Suspended Vendors
The City's process for ensuring that no contract is awarded to a suspended or debarred
vendor is to require the general contractor to submit a fist identifying all sub-contractors.
The City then verifies ihaf neither the general contractor nor the sub-contractors are on the
HUD provided debarred list y ..
Additions to Purace ~f~er
One of the key, eligibility requirement for HMGP property acquisition projects is that the
participation is ~ ~~luntary on the;part of both buyers and sellers. As the property acquisitions
funded under HM~P: are voluntary on the part of the property owners, the property owners are
not entitled to recei<re:<benefits under the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.? (tJRA). In order to be exempt from providing the benefits and
assistance to property owners outlined in URt1, Iowa City will meet the following conditions:
• Iowa City will make offers to purchase on a voluntary basis
• Iowa City will not use its power of eminent domain to acquire the property,
should negotiations with the property owner fail
• Iowa City will not pursue the purchase of the property as part of a known project
• Iowa City will use the same criteria for all property acquired under this program
s
• Iowa City will provide all property owners written determinations of valuation fox
their property
Funding Sources
There are no tenants in this acquisition application. If there were tenants, the community would
utilize Federal, State and local funding in order to provide URA benefits to the tenants of
acquired properties. If applicable, Federal, State and local funding will be used to provide
Supplemental Housing Payments to property owners.
Supplemental Housing Payments to Primary Owner-
Occupants
The voluntary nature of this program does not obligate the City to,.provide relocation benefits.
However, the City has opted to offer relocation benefits. fo:pre-flood; primary owner-occupants
who accept the City's offer to purchase their flood d:unaged residential property. These benefits
will help the owner-occupants secure decent, safe a~~~i sanitary replacexnent;:}~~usir;~g outside ofa
100 year special flood hazard area.
1. Eligibility -Owner-Occupants:.:. In order to be :eligible for owner-occupant benefits,
the owner-occupant must:
a. Accept the City's offer to purchase:
b. Meet the clefinitioti_of owner-occupant.
c. Purchase or rent a decent, safe and sanitary housing unit within 180 days of
acceptance of the?Cit~-'s offer that is located outside of Zone A, NFIP Flood
'Hazard map houndaries.
2. Deterinirration of Benefztr: The City will provide two types of relocation benefits fox
owner=tzccupants: a Supplemental Housing Benefit Payment and a Moving
Expense Payment: The Supplemental Housing Benefit is for the purchase or
rental of a ~iit. A Notice of Relocation Eligibility explaining the specific
benefits to the owner-occupant will be made in person by City staff after the
City's offer to purchase the flood damaged property is presented. The seller will
be asked to sign a receipt for the Notice. The Notice will contain a "180 Day
Eligibility Provision" notifying the owner of the expiration date of the
Supplemental Housing Benefit.
Supplemental Housing PaymentlPurchase: If homeowner accepts the City's purchase
offer, the City will make a Supplemental Housing Benefit Payment based on the
owner-occupants purchasing replacement housing which is decent, safe, and
sanitary. For the Supplemental Housing Benefit Payment, the homeowner will
need to meet the owner occupant eligibility guidelines and demonstrate that:
e
a. Decent, safe, and sanitary housing of comparable size and capacity is
not available in non-hazard prone sites within the community at the
anticipated acquisition price of the property being vacated; and
b. Funds cannot be secured from other more appropriate sources such as
housing agencies or voluntary groups
The payment amount of the Supplemental Housing Benefit cannot exceed
$10,000 and must be based on need. While owner occupants have 180 days to
secure replacement housing, the purchase must be completed by April 30,2010.
This date will be included in the Notice of Eligibility presented to the
homeowner at the time of the offer.
3. Timing of Kelease of Keplacement Housing Benefit Paymerrt.• The payment will be released
only after the closing on the property the; City is ;purchasing from the owner-
occupant and at the closing on the replacement house: If replacement housing is
not found by the time closing occurs on'the first home, a`payment request can be
made once the owner finds suitable replacement housui~: The_. Supplemental
Housing Benefit Payment will only be made ~:_~~ter the closing of the City's
purchase and upon submission of a deed or other evidence acceptable to the City
of the amount paid for the:replacement housing unit.
If a replacement unit is not purchased. within 6 iYionths of the owner-occupant's
acceptance of the City's offer to purchase the .flood damaged structure, the
relocation money ~yill be; de-obligated, and made a'~ailable for additional acquisitions.
The owner-occupant may-ze,quest an extension of the six-month period, to City staff,
if he/she can show:go~~d reason as to why the replacement has not been purchased.
4. Purcha.~'~;of Keplacer~r~'n! l lr~~.~ir~~ 'f1~itBefore the City makes O~er to Purchase: If an
owner-occupant„u:rnts to purchase another house before the City makes its
offer, the purchase is at ~fihe owner's risk. If the City then makes its offer to
purchase the flood damaged property and the owner accepts, the replacement
urrit'pxeviously purchased must be outside of a 100-year special flood hazard area
and pass~_a decent,_'safe and sanitary inspection to qualify for the Supplemental
Housing ``Benefit: ' Adjustments to the Supplemental Housing Benefit, as
described below, will be made as required.
5. Adjustments to the Supplemental Housing Ben fit Payment.• If the replacement housing
unit costs less than the combined total of the City's purchase price and the
Supplemental Housing Benefit, the City will reduce the Supplemental Housing
Benefit to equal the cost of the replacement housing unit. As a result, the total
of the City's purchase price and the Supplemental Housing Benefit equals the
cost of the replacement housing unit. If the cost of that unit is less than the
City's purchase price of the flood damaged structure, the Supplemental Housing
Benefit will not be paid.
10
6. Fox instance, the owner-occupant receives $150,000 as the purchase price of the
flood damaged property and qualifies for the $10,000 Supplemental Housing
Benefit Payment fox a total of $160,000. The owner-occupant then purchases a
replacement housing unit for $158,000; the City will provide $8,000 as the
Supplemental Housing Benefit Payment. If the replacement housing unit cost
was less than $150,000 (the City's purchase price for the flood damaged
property), the owner-occupant would only receive the Moving Expense Benefit.
7. If the replacement housing unit costs less than the total City payment for
acquisition and the Supplemental Housing Benefit, but requires repairs to make it
decent, safe and sanitary, the City will let the owner-occupant use the balance of
the benefit to have those specific repairs completed. In addition, when the
replacement housing unit costs less than the total . of the City's acquisition and
Supplemental Housing Payments, the City will permit the Supplemental Housing
Payment, as needed, to be used to pay eligible`'closng costs on the replacement
housing unit that represent costs normallyt paid by tlz~,~buyer. It will not include
items such as pre-paid interest points or'fn~~rr~ge insurance.
8. If the maximum relocation assistance payment: i;~ * not xequir~d `to purchase the
replacement dwelling selected by the `tlisplaced person, certain costs can be
considered as part of the replacement uruf's :purchase price, fox the purposes of
this program only, when calculating the Supp~e~?,ental Housing Benefit Payment.
Eligible costs are those costs necessary to corre~`t decent, safe and sanitary
deficiencies and to make the replacement dwelling more comparable and
functionally similar; to the flood. damaged `unit the City is acquiring. Eligible
examples of those items to make the replacement dwelling more comparable and
functionall} siriilar are a garage, an extra bathroom and handicapped accessibility
that existed in the' former d~yelling.
9. Excluded arc fhe costs:;-Qf a cosmetic nature, including general remodeling,
:carpeting, "updating", siding, window treatments and other items. T'he displaced
pc>•son must provide satisfactory evidence of the construction costs of the
functionally similaritem(s) and a construction schedule which must be approved
before'tli ~ funds ca be authorized for release.
10. Mobile Homes: 1'he owner-occupant may purchase a mobile home and qualify for
the Replacement Housing Benefit provided that the unit is decent, safe and
sanitary. If the purchase price is less than the combined total of the City's
acquisition price for the flood damaged structure and Supplemental Benefit, the
Supplemental Housing Benefit will be adjusted to reflect the actual purchase
price of the mobile home and lot.
11. If the mobile home lot is rented, the City will make a payment based upon the
lesser cost of the actual lot rent for 42 months or $3,000 and the cost of the
mobile home in determining the Supplemental Housing Benefit Payment. The
total Supplemental Housing Payment paid for a mobile home and lot, whether
purchased or rented, will not exceed the appropriate Supplemental Housing
Benefit Payment.
11
12. Payment After Death: The City will pay the approved Supplemental Housing
Benefit to the heirs and assigns, if the other family members were living in the
flood damaged unit when the offer was made and if they will occupy the
replacement housing unit which is being purchased. The purchase agreement on
the replacement housing unit must have been accepted if the closing has not yet
occurred. A moving expense payment will be made if there is personal property
to be moved from the flood damaged structure.
13. Decent, Safe and Sanitary Standard.• All owner-occupants receiving the Supplemental
Housing Benefit must relocate to housing units that are decent, safe and sanitary.
The decent, safe and sanitary standard is similar to HUD Housing Quality
Standards.
14. The decent, safe and sanitary inspection is not a~ cextification or guarantee of the
house's condition or of its major system"s'. (such ~~'as.heating, plumbing and
electrical). A qualified individual will inspect the items that are specifically listed
in federal regulations 49 CFR, Part 2~.
15. After the owner-occupant has an accepted .purchase agreement for the housing
replacement unit and has received the City's offer to purchase the flood damaged
property, he/she is to call the errant Admuusttator staff to schedule the decent,
safe and sanitary inspection. ~~ The a~~~ner-occupanf `will also provide the name
and phone number of the person who can ~r~»-ide access to the property.
16. It may take sc~ cr.ll days for the actual inspection to take place. If the house is
located outside;:tk~e area? it will be necessary for the City to work with the nearest
local public agen~y.:tq schedule an inspection.
r
17. When the dee~nt, safe'.':;an<.l unitary inspection is made of the replacement
}sousing unit, the inspectbi will provide a list of items that are violations. Many
of'the violations can be solved quickly and inexpensively and should not cause
the sale to be lost.:Common problems are missing hand rails, improperly vented
water Beaters, nursing light switch cover plates and water heater drip legs, copper
gas lines and exposed wiring. It is the responsibility of the buyer and seller to
reach an ag>=Bement as to who pays for the required repairs.
18. Supplemental Housing PaymentlKental Asri.rtance: A homeowner owner occupant,
who would be eligible for a supplemental housing payment for purchase but
elects to rent a replacement dwelling, may be eligible for a rental assistance
payment. The amount of the rental assistance payment is based on a
determination of market rent for the acquired dwelling compared to a
comparable rental unit available on the market. The homeowner would need to
submit evidence of payment of rent before receiving rental assistance. In
addition, they would need to demonstrate that they were not eligible. for other
programs that might assist with rental payments. The maximum amount a renter
could receive would be $10,000.
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19. Moving Expense Payment.• In addition, the City can pay up to $850 as a Moving
Expense Payment when the owner-occupant moves into a replacement living
unit. In order to qualify, the homeowner will need to submit a copy of the
moving expense bill to City staff.
Tenant Relocation Assistance Payments
Iowa City has no properties that have tenants. If there were displaced tenants, Iowa City would
comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.
Non-Federal Gost Share
The State of Iowa designated parts of the Community Development B1ockGrant (CDBG) Funds
it received for disaster recovery as state and ; local match_.~or entitles applying for HMGP
acquisition activities. The City Council approved a local match resolution on.January 6, 2009 that
outlined what the local match amount would be for the ap~licarion. A public notice was published
in the newspaper soliciting comments. The notice and cot~iments were submitted to the Iowa
Department of Economic Development, the fate agenry in charge of distributing CDBG
disaster recovery funds.
Inspections of the Pr~p~erty t~ be Acquired
In accepting the offer, the owners will warrant that; to the best of their knowledge and belief
that there are no sban~l"n~~d wells; solid~~,~;astc disposal sites, hazardous wastes or substances
or underground storage-tanks located can nc~ property, the property does not contain levels of
radon gas, asbestos or urea~formaldc}~y~ie foam insulation which require remediarion under
current env~ixonmental standar~t$, and tli~y have done nothing to contaminate the property
with hazardous`~astes or substances. Additionally, at closing the owner/seller is required by
Iowa law to sign a?"groundwater hazard statement" stating whether there is hazardous waste
on the property.
Given there are certifications and given the homes will be demolished, the City anticipates
inspecting the properties prior to closing simply to assure the home is vacant. The
owner/seller will be required to vacate the home prior to closing, which means that all
vehicles, furniture, and debris must be removed. If the home is not vacant, the City will
likely not close. If, on the other hand, all that remains is a box or old chair in the garage, the
City will close. The City will write to the owner and inform the owner that the item will be
disposed of if the owner does not make arrangements with the City to remove the item
within one week. In the unlikely event that a vehicle remains on the property, the City will
tow and dispose of it pursuant to the City policy on towing abandoned vehicles.
13
Properties Contaminated by Hazardous Materials
The seller will grant access to the City to inspect the flood damaged property for hazardous
materials that must be removed prior to closing. All environmental site assessments, if needed,
will be performed by a qualified engineer or other person qualified to analyze the existence or
nature of any hazardous materials, substances, conditions, or wastes on the property.
In the event any hazardous materials are discovered on the property, the City's obligation shall be
contingent on removal of such wastes or the resolution of the matter satisfactorily to the City.
However, in the event the sellers are required to remove any hazardous wastes, sellers shall have
the option to cancel the transaction. The expense of any inspection will be paid by the City. The
expense of any removal shall be paid by the seller subject to their right to cancel the transaction as
provided above.
Demohtian cif Structures on th~'Acquired P~~erty
Once the properties have been acquired and ovviership has bee~a transferred;. to the City of Iowa
City, all structures on the properties will be demolishe3 within 90 days of closing with debris being
disposed of in an Iowa City owned and gperated landfill. 'here were no properties condemned
under local ordinance and demolishedbefore acquisiti~ „i: `'.1'he contract will be awarded in
conformance with City bid requirements.
The costs for demolition of tliir: zton-insured residential structures will be paid by a FEMA Public
Assistance Project Worksheet (number 02RJ34): For the~28 structures that were NFIP insured
and thus eligible for Increased, Cost of Compliance (ICC) coverage, the homeowners will assign
their ICC rights to Iowa City anc~.xhe ICC:funds will be used to pay for the costs of demolition, as
allowed by the NFIP: No,propertes will be demolished using HMGP funds. All demolition and
debris removtil will be completed in ;accordance with the state of Iowa's Public Assistance
Demolirion Guidelines and wl3 be done~hy' a qualified demolition contractor.
Salvage rights ma~!be awarded to; the demolition contractor. If they are, the demolition contract
will be adjusted so fliat the amount awarded will be less than if salvage rights were not awarded.
Salvage
The City retains the right to sell part or all of the structure following transfer of title from
the owner and prior to demolition. Revenue from salvage will be considered program
income and treated accordingly. In most cases salvage rrghts will be awarded to the
demolition contractor.
14
Changes to the Bum or Scope of Work
Iowa Ciry shall obtain from FEMA and Iowa Homeland Security prior approval whenever any
revision would result in the need for additional funding, there is any revision of the scope or
objectives of the project, or when there is a need to extend the period of availability of the funds.
Any request for prior approval of any budget item will be in the same budget format Iowa Ciry
used in its initial application and will be accompanied by a narrative justification for the proposed
revision. The request will come from Iowa City's authorized representative after consultation with
Iowa City staff and City Council.
Disposition of Equipment and Supplies
Iowa City does not have any equipment or supplies with a value of more than $5000. Upon
completion of the grant, any remaining equipment or supplies if does have will be used in other
activities supported by a Federal or state agency.
Grant Closeout
Once the owners of all eligible properties. have been contacted and acquisitions have either been
completed or declined, a review of the files w~1;7be. completed .by staff. Any program revisions
that may have occurred will be noted in the Adtziiilistrative Flan and all files will be kept in
accordance with Iowa City's standard file policies and procedures. At completion of the grant
activities, Iowa Ciry shall pro~nde tie: following to. FEMA through the State:
• A photograph `ok rh~.pxt~perty site after project implementation
• ~A copy ofthe recorded dec~~ ;end attached deed restrictions
• Latitude and Lt~ngitude coordinates for each property
Signed Statement of Voluntary Participation from the owner of each property
A completed FEMA form AW-501 for each property identified on FEMA's
Repetitive Loss List
Record Retention and Audit Requirements
The City will maintain records for a minimum of three (3) years from the date that HSEMD
provides written notification to Iowa Ciry that the grant has been closed. Record retention will
comply with 44 CFR, X13.26. City audits will be in compliance with the Single Audit Act
requirements and OMB Circular A-133.
15
Green Space Management
Iowa City will manage the acquired land in accordance with 44 ~CFR 80.19.
Future Federal Benefits
Iowa City recognizes that after settlement of the property acquisition transaction, no disaster
assistance for any property from any Federal entity may be sought or provided with respect to the
property, and no flood insurance benefits can be sought for that property for claims related to
damage occurruig after the date of the settlement.
Post-Settlement Transfer of Property Interest
,: .
Iowa City will not be transferring property interests once acquisitiozis are completed.
If that situation should change, the City understands thaf~traiisfer of pft~lZerty interest will only be
considered if the transferee meets the requirements''stated in 44 CFR 0..19(b). The City may
convey interest in the property only if the FERIA ;Region `rII Regional Admiczi~trator, through
the State of Iowa, gives prior written approval of the tfansfer;aicl~the transferee'.
Monitoring Reporting and Inspec#ion
Iowa City and the State o£ f ~ ~~~ a will work together to ensure that the property is maintained in
accordance with land use ~re~ul:~tiors""* Every 3 years, Iowa City will submit documentation to the
FEMA Region VII Regional :r~dmmi~trator, through the State of Iowa, certifying that it has
inspected the property. ~vidvn tlle'znoritli preceding the report and that the property continues to
be maintained consistent with the pta~7sions of'the grant. The State of Iowa and FEMA will have
the right to ;enter the parcel, with nodce,: in order to inspect the property to ensure compliance
with land use~~egulations.
16
HAZARD MITIGATION GRANT PROGRAM
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: _ ,Sellers
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa,
locally known as ,Iowa City, Iowa, with any easements and appurtenant
servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of
record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens,
mineral rights; other easements; interests of others), provided Buyer, on possession, is permitted to make
the following use of the Real Estate: public use.
2. PRICE. The purchase price shall be $ ,payable at JOHNSON County,
Iowa, as follows: purchase price to be paid in full upon possession and closing less duplication of
benefits. The purchase price is based on the fair market value, which Buyer has determined to be 112%
of the 2008 assessed value.
3. REAL ESTATE TAXES.
a. Sellers shall pay all real estate taxes that are due and payable as of the date of possession
and constitute a lien against the property, including any unpaid real estate taxes for any
prior years.
b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate
taxes for the fiscal year in which possession is given (ending June 30, 2009) due and
payable in the subsequent fiscal year (commencing July 1, 2009).
Buyer shall be given a credit for such proration at closing (unless this agreement is for an
installment contract) based upon the last known actual net real estate taxes payable
according to the public record. However, if such taxes are based upon a partial assessment
of the present property improvements or a changed tax classification as of the date of
possession, such proration shall be based on the current millage rate, the assessed value,
legislative tax rollbacks and real estate tax exemptions that will actually be applicable as
shown by the Assessor's records on the date of possession.
c. Buyer shall pay all subsequent real estate taxes.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date
of closing.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which
are a lien on the Real Estate and, if not paid, would become delinquent during the calendar
year this offer is accepted, and all prior installments thereof.
c. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the
Real Estate to Buyer shall be as follows:
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a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be
delivered to Buyer.
b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and
extended coverage insurance on the Real Estate until possession is given to Buyer and shall
promptly secure endorsements to the appropriate insurance policies naming Buyer as
additional insureds as their interests may appear. Risk of loss from such insured hazards
shall be on Buyer after Sellers have performed under this paragraph and notified Buyer of
such performance. Buyer, if it desires, may obtain additional insurance to cover such risk.
6. CONDITION OF PROPERTY.
a. The Real Estate shall be preserved in its present condition and delivered intact at the time
possession is delivered to Buyer, provided, however, if S.a. is stricken and there is loss or
destruction of all or any part of the Real Estate from causes covered by the insurance
maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate
together with. such insurance proceeds in lieu of the Real Estate in its present condition and
Sellers shall not be required to repair or replace same.
b. Within 5 days after the acceptance of this Agreement Buyer may, at its sole expense,
have the property inspected by a person of its choice to determine if there are any
structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within
this same period, Buyer may notify in writing the Sellers of any deficiency. Sellers shall
immediately notify Buyer in writing of what steps, if any, Sellers will take to correct any
deficiencies before closing. Buyer shall then immediately in writing notify Sellers that (1)
such steps are acceptable, in which case this Agreement, as so modified, shall be binding
upon all parties; or (2) that such steps are not acceptable, in which case this Agreement
shall be null and void, and any earnest money shall be returned to Buyer.
c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the
Property and is purchasing the real estate in its existing condition.
7. ENVIRONMENTAL MATTERS.
a. Sellers warrant, to the best of their knowledge and belief that there are no. abandoned wells,
solid waste disposal sites, hazardous wastes or substances or underground storage tanks
located on the property, the property does not contain levels of radon gas, asbestos or urea-
formaldehyde foam insulation which require remediation under current environmental
standards, and Sellers have done nothing to contaminate the property with hazardous
wastes or substances. Sellers warrant that the property is not subject to any local, state, or
federal judicial or administrative action, investigation or order, as the case may be,
regarding wells, solid waste disposal sites, hazardous wastes or substances or underground
storage tanks. Sellers also shall provide Buyer with a properly executed
GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites,
hazardous waste or underground storage tanks on the Property, unless disclosed here:
b. Buyer may, at its expense, within 5 days after the date of acceptance, obtain a report from
a qualified engineer or other person qualified to analyze the existence or nature of any
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hazardous materials, substances, conditions or wastes located on the Property. In the event
any hazardous materials, substances, conditions or wastes are discovered on the Properly,
Buyer's obligation hereunder shall be contingent on the removal of such materials,
substances, conditions or wastes or other resolution of the matter reasonably satisfactory to
Buyer. However, in the event Sellers are required by Buyer pursuant to the foregoing
sentence, to expend any sum in excess of $ .00 to remove any hazardous
materials, substances, conditions or wastes, Sellers shall have the option to cancel this
transaction and refund to Buyer all earnest money paid and declare this Agreement null
and void. The expense of any inspection shall be paid by Buyer. The expense of any
action necessary to remove or otherwise make safe any hazardous material, substance,
conditions or waste shall be paid by Sellers, subject to Sellers' right to cancel this
transaction as provided above.
8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely
performance of all obligations herein, closing shall be held on the date 30 days after acceptance of this
offer by Sellers and possession of the Real Estate shall be delivered to Buyer on the date of closing with
any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession.
9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether
attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens,
plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning
equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers
and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the
sale except: (consider: rental items)
10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
11. ABSTRACT AND TITLE. Sellers, at Buyer's expense, shall obtain an abstract of title to the
Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and
Title Standards of the Iowa State Bar Association.
12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or
its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as
provided in l.a. through l.d. Any general warranties of title shall extend only to the time of acceptance
of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed.
13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately
preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of
survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers,
then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall
belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and
Buyer, in the event of the death of either Seller, agrees to pay any balance of the price due Sellers under
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this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with
Paragraph 11.
14. JOINDER BY SELLERS' SPOUSES. Sellers' spouses, if not titleholders immediately
preceding acceptance of this offer, execute this contract only for the purpose of relinquishing all rights of
dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and
agrees to execute the deed or real estate contract for this purpose.
15. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
16. REMEDIES OF THE PARTIES.
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa
Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days
written notice of intention to accelerate the payment of the entire balance because of such
failure (during which thirty days such failure is not corrected) Sellers may declare the
entire balance immediately due and payable. Thereafter this contract may be foreclosed in
equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments
made returned to it.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or
in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as permitted by law.
17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real
Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien, showing the
correct balance due.
18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this
contract shall be on a form of the Iowa State Bar Association.
19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the
fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it
shall be void.
20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and
bind the successors in interest of the parties.
21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number,
and as masculine, feminine or neuter gender, according to the context.
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22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers 30* days after delivery
of this offer to Sellers, it shall become void and all payments shall be repaid to the Buyer.
23. OTHER PROVISIONS.
a. Sellers may appeal the fair market value. The appeals process is attached.
b. This offer is subject to Sellers certifying to Buyer's satisfaction that they are either nationals
of the United States or qualified aliens as required by 44 CFR 80.17.
c. This offer is subject to Sellers assigning to Buyer their interest in increased cost of
compliance coverage.
d. This offer is subject to Buyer deducting from the fair market value any "duplication of
benefits" as determined by FEMA and on Sellers executing a settlement statement
acknowledging the "duplication of benefits," if any.
e. This offer is subject to Sellers complying with all FEMA requirements under the Hazard
Mitigation Grant Program, in addition to those listed herein.
DATED:
CITY OF IOWA CITY, IOWA, Buyer
By:
City Manager or designee
This offer is accepted
SELLERS
Printed Name:_
Taxpayer ID No
Printed Name:_
Taxpayer ID No.
2009.
[* Note: Homeowners who have informed City staff that they wish to close as soon as possible will be
given 5 days to respond to the offer.]
~~„~~ CiTY C}F iCJWA CITY 12
zm~~~
®.~~ ~ RAC a u ~
ME Q
DATE: 5/13/2009
TO: CITY COUNCIL ~ /~
FROM: DAVID PURDY, FLOOD RECOVERY SPECIALIST
SUSAN DULEK, ASST. CITY ATTORNEY
RE: HMGP PROGRAM UPDATE AND ADMINI RATIVE PLAN
This memorandum will update Council on the Hazard Mitigation Grant Program (HMGP) application
and provide addition information on the HMGP Administrative Plan that is on the agenda for May 19,
2009 for Council approval.
Hazard Mitigation Grant Program Update
Status of Grant
Last week, Representative Loebsack's office announced that the City would be awarded $8,647,191 in
HMGP funds to purchase 40 properties in the Parkview Terrace Subdivision and along Taft Speedway
for flood mitigation purposes, and the City received FEMA's official grant award letter on May 12. In
addition, the state will provide $1,152,959 and the City will receive $1,729,438 in CDBG funds for its
local match for a total of $11,529,588. City staff will be meeting with state and FEMA officials on May
15 to discuss the grant administration, and the City Manager will then be able to sign the grant
agreement.
Offer
After the agreement is signed, the City will make written offers next week to purchase the properties. If
the person owned the property at the time of the flood, the offer will be 112% of the 2008 assessed
value less any duplication of benefits. The City is using 112% because that is what it has determined to
be the pre-flood market value of the property after reviewing the sales of homes in Parkview Terrace
before the flooding and comparing the sales prices to the assessed values.
Duplication of Benefits
When making an offer to buy the property, the City is required by federal law to ensure that there is not
a "duplication of benefits" ("DOB") between HMGP and other forms of government assistance. If the
owner was awarded FEMA assistance and/or flood insurance for the purpose of making repairs to the
home, the City must reduce the purchase offer by this amount unless the property owner can verify that
the funds were expended on repairs or clean up. If the owner spent personal funds on the property,
that is not a duplication of benefits and thus will not affect the purchase price.
FEMA provides the City with the DOB figure after reviewing the owners' receipts. Staff has been
gathering receipts from the owners, but we cannot submit them to FEMA for a DOB review until after
the grant agreement is signed. The City will not be able to schedule a closing until staff receives the
DOB determination from FEMA. State officials have indicated that it will take FEMA at least one month
after it receives the receipts to determine the DOB amount. This is something over which staff has no
control and which may cause delays in closing.
Appeal Process
Each owner has the right to appeal the "112% value" listed in the offer, and the City has contracted with
a third-party to hear the appeals. The City will be bound by the hearing officer's decision. If the owner
does not agree with the hearing officer's decision, then presumably the owner will not accept the City's
offer to buy the house.
Demolition
The HMGP requires that the owner have vacated the home at the time of closing and that the City
demolish the home within 90 days of closing.
Timing of Closings--Item for Council Consideration
The homeowner at 601 Normandy Drive has submitted a letter to staff requesting that he be allowed to
stay in his home for 3 more years. He is anticipating moving out of the area in 3 years. He does not
wish to move twice in a 3 year time period. He states that if the house floods in the next 3 years, he will
just walk away from the home and the city will not be liable
The HMGP has a 3 year time period in which all homes have to be acquired and demolished. As a
result, all final paperwork will need to be submitted to the Iowa Homeland Security office by May 2012.
State HMGP officials leave the decision of when to do the final closing up to the local entities.
Staff met to discuss the homeowner's request. Because the maximum time period for the HMGP grant
is 3 years, it would not be possible for the homeowner to stay in his home for the 3 year time period.
The issue then became what would be a reasonable time period to allow the homeowners to remain in
their homes before the City purchases the property.
Staff believes that the primary issue to consider when making this decision should be the possibility of
the homes being flooded again, and the properties, homeowners, and rescue personnel being placed at
risk. While closings will not happen before the flood season in 2009, they can be completed before the
beginning of the 2010 flood season.
Staff recognizes that homeowners will need different amounts of time to prepare for closing on their
homes. However, we believe that the avoidance of future potential losses should be the primary
decision on which to base the decision of when to do the final closings. We are therefore
recommending that the last date on which homes can be closed should be April 30, 2010. Not only will
this avoid several more flood seasons, it will also allow the City to develop a demolition contract that will
be open for 1 year rather than trying to find a demolition contractor to span several years before the
contract is completed. Staff has met with the homeowner to explain our recommendation, and it is our
understanding that he subsequently has contacted at least one Council member.
Approximately 15 homeowners wish to close as soon as possible, and staff intends to close on these
homes as soon as the DOB figures are received from FEMA. It is beneficial to the City to close by June
30, 2009 in order to avoid having to pay real estate taxes from July 1, 2009 to June 30, 2010. Others
wish to close at varying times in the near future, and staff will coordinate with owners to set closing
dates at mutually agreeable times.
Staff asks that Council accept staffs recommendation that all closings should occur before April 30,
2010.
2
Administrative Plan
As part of the HMGP grant process, the City must submit an administrative plan that explains how the
program will be implemented and administered in Iowa City. Attached to the resolution is a copy of the
proposed Administrative Plan.
Included in the plan is how and why the City has determined the pre-flood value of the homes at 112%
of the 2008 assessment. The City reviewed the sales and assessed values of homes in the Parkview
Terrace and Taft Speedway areas from January 1, 2007 to June 23, 2008. In some instances, the
sales price exceeded the assessed values and in some instances it did not. The resulting median
value was 87.90, which is how the City arrived at the figure of 112% of the assessed value as a value
of homes at the time of the flood.
The plan details the acquisition process including the offer and the duplication of benefits
determination. A copy of the offer is attached to the plan. The owners who wish to close right away will
be given 5 days to accept the offer and others 30 days.
The appeals process is described, which provides that the owner has 30 days to appeal the City's
determination of fair market value. The City will schedule a date and time for the hearing which is
convenient for the home owner. The owner may present information to the hearing officer without
respect to the rules of evidence. The owner may be represented by counsel. A third-party will hear the
appeals and issue a written decision.
The plan explains "supplemental housing," which is an additional benefit available to a few owners.
The plan sets forth the demolition and salvage procedure. It also describes what the City will do to
monitor the property after it is acquired to ensure that it remains green space. The grant confirms that
the properties do not include any tenants and so no federal relocation assistance will be required to be
paid. The plan states that the City will contract with others to provide appeals, abstract updates, and
demolition; everything else will be done by City staff. The plans also contains information on the grant
close out procedures.
Copy to:
Dale E. Helling, Interim City Manager
Marian K. Karr, City Clerk
Eleanor M. Dilkes, City Attorney
Jeff Davidson, Director of Planning and Coummunity Development
Rick Fosse, Director of Public Works
Steve Long, Community Development Coordinator
Ron Knoche, City Engineer
Crystal Smith, Civil Engineer
3
M ~-~,
13
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-184
RESOLUTION APPROVING AN AGREEMENT TO PURCHASE
APPROXIMATELY 19.5 ACRES OF VACANT LAND SOUTH OF TAFT
SPEEDWAY WITH A STATE COMMUNITY DISASTER GRANT.
WHEREAS, the City Council has a flood mitigation strategy that includes attempting to purchase
all residential property in the 100-year floodplain of the Iowa River;
WHEREAS, although the 19.5 acres of vacant land south of Taft Speedway owned by Parkview
Evangelical Free Church ("the property") is in the 100-year floodplain, it is not eligible for the
federal Hazard Mitigation Grant Program (a/k/a the "FEMA buyout");
WHEREAS, the State of Iowa in House File 64 established a disaster recovery program entitled
~~
the "Community Disaster Grants for, among other reasons, to provide funds to local governments
to purchase land that is not eligible for the FEMA buyout;
WHEREAS, the City applied for a Community Disaster Grant to purchase the property, and the
State has notified City staff that the grant has been approved;
WHEREAS, City staff have negotiated a purchase agreement with the owner of the property, a
copy of which agreement is attached, that requires City Council approval; and
WHEREAS, the City finds that said purchase agreement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached purchase agreement is approved.
2. Upon the direction of the City Attorney, the City Manager is authorized to execute all
documents necessary to purchase the property in accordance with said purchase
agreement.
Passed and approved this 19th day of
ATTEST: k V
DEPUTY CI RK
2009.
City Attorney's Office
Resolution No. 09-1.84
Page 2
It was moved by Wilburn and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
X
x
x
x
x
~-
O'Donnell the Resolution be
ABSENT:
Baiiey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
COUNTEROFFER
AN ADDENDUM to the Offer to Purchase Real Estate and Acceptance dated March. 24, 2009 (the -
"Offer").
In response to the Buyer's most recent counteroffer to purchase the real property consisting of
approximately 19.5 acres on Taft Speedway, Iowa City, Iowa made by the City of Iowa City, Iowa:
1. The parties agree to include a new Paragraph 15.C as contained in Seller's prior Counteroffer
(sale is contingent on Seller's congregant approval by May 15, 2009).
2. Seller rejects Buyer's counteroffer purchase price of $400,000 and makes the following
counteroffer: the Purchase Price in Paragraph 1 shall be $650,000.
All other terms and conditions of the Offer shall remain the same.
This Counteroffer shall expire on April 1, 2009 at noon.
SELLER
Parlcview Evangelical Free Church
sy:
C. lder/Director
By:
Deborah S. Meadows, Secretary
ACCEPTANCE OF COUNTEROFFER
fa
The undersigned accepts the above Counteroffer this ~~day of ~ Bvz ( , 2009.
BUYER ~ . ~f~i4~
City of Iowa City, Iowa
By: ~~ c ~ ~
Michael A. Lombardo, City Manager
Purchase and Sale Agreement
Page 1
OFFER TO PURCHASE REAL ESTATE AND
ACCEPTANCE
~PURCHAS~ AND SALE AGREEMENT)
TO: Parkview Evangelical Free Church (hereinafter "Seller")
The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (herein "City"), hereby offers to
buy all the Seller's right, title and interest in the real estate consisting of approximately 19.5 acres, more or
less, locally known as four vacant, contiguous tax parcels, one of which is addressed as 5 Taft Speedway,
Iowa City, situated in Johnson County, Iowa, and legally described as follows:
Exhibit A, which is attached and incorporated herein
together with all the Seller's right, title and interest in all Buildings and Improvements, if any, located on the
above-described real estate, and under any easement and servitudes for the benefit of the Seller, free and
clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted
Exceptions, as defined below. The entirety of the above-described interests being conveyed shall
hereinafter be referred to as the "Property."
The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted
Exceptions":
1. Zoning and building laws and ordinances;
2. Covenants, restrictions, reservations and easements of record approved by City.
In consideration of the covenants and obligations contained herein, the parties agree as follows:
PURCHASE PRICE. City offers to purchase all of Sellers' right, title and interest. in the Property for
the purchase price of $339,000.00 ("the purchase price") paid in full at the time of closing, all title
objections being corrected to show marketable title.
2. ABSTRACT AND TITLE. Seller shall promptly deliver to the City for examination, an abstract of title
for the. Property, continued to a date subsequent to the date of this Offer, prepared pursuant to
Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards,
and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall
begin with the government patent to the Property and show merchantable title in Seller, subject
only to Permitted Exceptions. Seller shall make every reasonable effort to promptly perfect title. If
closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue
in force and effect until either party rescinds the Agreement after giving ten days written notice to
the other party. The cost of the continuance of an existing abstract shall be paid by the Seller. The
Seller shall pay all costs required to deliver marketable title to the Property and Seller shall pay the
cost of any additional abstracting and/or title work due to acts or omissions of Seller, including
transfers or death of Seller or assigns. The abstract shall become the property of the City when the
Purchase Price is paid in full.
3. DOCUMENTS DELIVERED AT OR BEFORE CLOSING.
A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the
following to the City:
1) A Groundwater Hazard Statement with respect to the Property.
Purchase and Sale Agreement
Page 2
2) A Declaration of Value.
3) All other documents deemed reasonably necessary to satisfy the title objections of
the City's Legal Counsel pursuant to a title opinion.
4) A warranty deed fully executed.
4. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's
timely performance or waiver of all obligations contained herein, closing shall be held on a date no
later than June 1, 2009 (the "Closing Date"). Seller agrees to permit City to inspect the Property
within 8 hours prior to closing to assure that the premises are in the condition required by this
Agreement. On and after the Closing Date and upon payment of the Purchase Price, the City shall
be entitled to receipt of all rents and profits from the Property due thereafter, if any.
5. ENVIRONMENTAL MATTERS. (a) Sellers warrant to the best of their knowledge and belief that
there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks located on the Property, the Property does not contain levels of radon
gas, asbestos or urea-formaldehyde foam insulation which require remediation under cun'ent
governmental standards, and Sellers have done nothing to contaminate the Property with
hazardous wastes or substances. Sellers warrant that the Property is not subject to any local,
state, or federal judicial or administrative action, investigation or order, as the case may be,
regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground
storage tanks. Sellers shall also provide Buyers with a properly executed Groundwater Hazard
Statement showing no wells, private burial sites, solid waste disposal sites, hazardous waste and
underground storage tanks on the Property unless disclosed here:
(b) Buyers may at their expense, within 15 days after the date of acceptance, obtain a report from a
qualified engineer or other person qualified to analyze the existence or nature of any hazardous
materials, substances, conditions or wastes located on the Property. In the event any hazardous
materials, substances, conditions or wastes are discovered on the Property, Buyers' obligation
hereunder shall be contingent upon the removal of such materials, substances, conditions or
wastes or other resolution of the matter reasonably satisfactory to Buyers. However, in the event
Sellers are required to expend any sum in excess of $0 to remove any hazardous materials,
substances, conditions or wastes, Sellers shall have the. option to cancel this transaction and
refund to Buyer all Earnest Money paid and declare this Agreement null and void. The expense of
any inspection shall be paid by Buyers. The expense of any action necessary to remove or
otherwise make safe any hazardous material, substance, conditions or waste shall be paid by
Sellers, subject to Sellers" right to cancel this transaction as provided above.
6. RISK OF LOSS AND INSURANCE. Seller shall maintain and keep in force and effect all existing
property and liability insurance until the Closing Date and delivery of possession. The Property
shall be preserved in its present condition and Seller shall deliver it intact at the time possession to
the City is given. All risk of loss or damage to the Property is on Seller until the City takes
possession. Prior to possession by the City, Seller shall promptly give written notice to the City of
any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the
Property, the City shall have the option to terminate this Agreement effective immediately.
However, in the case of loss, damage or destruction of all or part of the Property from causes
covered by insurance, the City shall have the option to either: (1) take possession of the Property
and accept an assignment of all Seller's right, title and interest in and to any claims Seller has
under the insurance policies covering the Property; or (2) terminate this Agreement effective
immediately. City shall be permitted to make a walk through inspection of the property prior to
possession and closing, in order to determine that there has been no material change in the
condition of the property except those mutually agreed upon.
Purchase and Sale Agreement
Page 3
8. UTILITIES. Seller warrants that there are no utility services provided to the Property.
9. TAXES. Seller shall pay apro-rata share of taxes on the Property (real and personal) for the fiscal
year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years.
The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and
real estate tax exemptions that may be applicable to and.used for the calculation of taxes payable
in the fiscal year commencing July 1, 2008. If, at the time of closing the tax rate is not certified,
then the most current, certified tax rate shall be used.
10. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller are entitled to
utilize any and all remedies or actions at law or in equity available to them with respect to this
agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
11. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is
delivered by personal delivery or by certified mail return receipt requested, addressed to the parties
at the following addresses: City of Iowa City, City Clerk, 410 E. Washington Street, Iowa City, Iowa
52240; Parkview Evangelical Free Church, % Dean Carrington , 321 E. Market St., Iowa City, Iowa
52240.
12. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which
have been certified to the Johnson County Treasurer for collection before the Closing Date.
13. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the
essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply to and bind the
successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings
are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words
and phrases herein shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender according to the context.
14. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless
accepted by the Seller by 5:00 p.m., March 26, 2009.
15. .OTHER PROVISIONS.
A. This agreement shall be subject to formal approval by the City Council.
B. This offer is subject to Buyer obtaining a community disaster grant to purchase the real
estate for the purchase price of $339,000.00 from the State of Iowa through a program
created by HF 64.
This Offer is presented to the Seller on this 24th day of March, 2009.
CITY OF IOWA CITY, IOWA, BUYER
r
Michael A. Lo bardo, City Manager
Accepted this day of , 2009.
PARKVIEW EVANGELICAL FREE CHURCH
BY
COUNTEROFFER
AN ADDENDUM to the Offer to Purchase Real Estate and Acceptance dated March 24, 2009 (the
"Offer").
In response to the offer to purchase the real property consisting of approximately 19.5 acres on Taft
Speedway, Iowa City, Iowa made by the City of Iowa City, Iowa, the following Counteroffer is hereby
submitted:
1. The Purchase Price in Paragraph 1 shall be $650,000.
2. Anew Paragraph 15.C shall be added as follows: This Offerts subject to and contingent upon
approval by the voting members of Seller. If the voting members of Seller do not approve
this Offer on or before May 15, 2009, either Seller or Buyer may declare this Offer null and
void.
All other terms and conditions of the Offer shall remain the same.
This Counteroffer shall expire on March 27, 2009 at 5:00 p.m.
SELLER
Parkview Evangelical Free Church
By.
Mar . M ' ector
By:...
Deborah S. Meadows, Seci
ACCEPTANCE OF COUNTEROFFER
The undersigned accepts the above Counteroffer this day of March, 2009.
BUYER
City of Iowa City, Iowa
By.
Michael A. Lombardo, City Manager
COUNTEROFFER
AN ADDENDUM to the Offer to Purchase Real Estate and Acceptance, dated March 24,
2009 ("the Offer").
In response to Seller's Counteroffer to purchase the real property consisting of
approximately i9.5 acres on Taft Speedway, Iowa City, Iowa, Buyer makes the following
Counteroffer:
Buyer accepts Paragraph 2 of Seller's Counteroffer to add a new
Paragraph i5(c) to the Offer as follows: "This Offer is subject to and
contingent upon approval by the voting members of Seller. If the voting
members of Seller do not approve this Offer on or before May i5, 2009,
either Seller or Buyer may declare this Offer null and void."
Buyer rejects Paragraph ~ of Seller's Counteroffer and makes the following
counteroffer: the Purchase Price in Paragraph ~ shall be $400,000.
All other terms and conditions of the Offer shall remain the same.
This Counteroffer shall expire on March 30, 2009, at noon.
CITY OF IOWA CITY, IOWA -BUYER
By: ~%l u~oJ4~ ~~~..
Michael A. Lombardo
City Manager
ACCEPTANCE OF BUYER'S COUNTEROFFER
Seller accepts Buyer's Counteroffer this day of , 2009.
PARKVIEW EVANGELICAL FREE CHURCH -Seller
By:
Mark C. Mysnyk, Elder/Director
By:
Deborah S. Meadows, Secretary
M~~
14
Prepared by: Brian Boelk, City Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5437
RESOLUTION NO. 09-185
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS
NECESSARY FOR CONSTRUCTION OF THE SANDUSKY STORM SEWER
IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City desires to construct the Sandusky Storm Sewer Improvements
("Project") which includes the installation and upgrading of the storm sewer system along
Sandusky Drive; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property rights is necessary to construct, operate and maintain the proposed project; and
WHEREAS, the City staff has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall
price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council finds that it is in the public interest to acquire property rights by warranty
deed, quit-claim deed, and/or easement for the construction of the Sandusky Storm Sewer
Improvements ("Project") which Project constitutes a public improvement under Iowa
law. The City Council further finds that acquisition of said property rights is necessary to
cant' out the functions of the Project, and that such Project constitutes a valid public
purpose under state and federal law.
2. The City Manager or designee is hereby authorized and directed to negotiate the
purchase of property rights by warranty deed, quit-claim deed and/or easement for the
construction, operation and maintenance of the Project. The City Manager or designee is
authorized to sign purchase agreements for the purchase of property and/or easements,
and offers to purchase property and/or easements.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to
execute and attest easement agreements and agreements in lieu of condemnation. The City
Attorney's OfFce is hereby directed to take all necessary action to complete said
transactions, as required by law.
Resolution No. 09-185
Page 2
5. In the event the necessary property rights for the Project cannot be acquired by negotiation,
the City Attorney or designee is hereby authorized and directed to initiate condemnation
proceedings for acquisition of any and all property rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this i 9th day of rr ~ , 20~-
ATTEST: ~~. ~
DEPUTY CI L K
Appr ved by `-'
~;~!!r'7~`Q.uJ
Ci Attorney's Office ~- ~3~~9
It was moved by Wilburn and seconded by xavek the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
~-
~-
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
pwengUnasters~acqui reprop-SanduskySSewer-5-09.doc
M~8
15
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 09-186
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE LANDFILL GAS COLLECTION SYSTEM 2009
EXPANSION PROJECT.
WHEREAS, Summers Enterprise of Masonville, Iowa has submitted the lowest responsible bid of
$227,926.10 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Summers Enterprise, subject to the condition that awardee secure adequate performance
and payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 19th day of n May , 20 09
``\\ C
ATTEST: ~w~ ~__
DEPUTY CI ERK
Approved by `~
~i~%~,
City Attorney's Office ~ ~~ 0 9
It was moved by Wright and seconded by Hayek the Resolution be
adopted, and upon roll call there were:
AYES:
~-
x
~-
x
X
~_
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
pwenglres\awrdcon-LGCS09.doc
5109
is
ADVERTISEMENT FOR BIDS
LANDFILL GAS COLLECTION SYSTEM 2009
EXPANSION PROJECT AT THE IOWA CITY
LANDFILL AND RECYCLING CENTER
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 12th day of May, 2009. Sealed
proposals will be opened immediately thereafter
by the City Engineer or designee. Bids submitted
by fax machine shall not be deemed a "sealed
bid" for purposes of this Project. Proposals
received after this deadline will be returned to the
bidder unopened. Proposals will be acted upon
by the City Council at a meeting to be held in the
Emma J. Harvat Hall at 7:00 P.M. on the 19th day
of May, 2009, or at a special meeting called for
that purpose.
The Project will involve the following:
Landfill gas extraction system expansion at
the Iowa City Landfill and Recycling Center.
This includes installation of horizontal gas
wells, well heads, and various modifications to
the existing collection system.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 8710 Earhart Lane SW,
Cedar Rapids, IA 52404, which have heretofore
been approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of two (2) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Completion Date: July 3, 2009
Liquidated Damages: $1,000 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Howard R. Green Company
(Attention Pam Denison), 8710 Earhart Lane SW,
Cedar Rapids, IA 52404, by bona fide bidders.
A $40.00 non-refundable fee is required for each
set of plans and specifications provided to bidders
or other interested persons. The fee shall be in
the form of a check, made payable to Howard R.
Green Company.
A pre-bid conference will be held at 9:00 a.m. on
April 28, 2009 at the landfill site. Attendance at
the pre-bid conference is recommended but not
required.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
City Attorney's Office
RESOLUTION NO. D9-187
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT.
WHEREAS, Iowa Bridge 8~ Culvert of Washington, Iowa, has submitted the lowest responsible bid
of $584,732.00 (base bid only) for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Iowa
Bridge & Culvert, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 19th day of
ATTEST: ~ ~ '
DEPUTY CI L RK
l~
Ma ~ 20_92___•
MAY
p oved b
~9~-a~'
It was moved by Wilburn and seconded by xayek the Resolution be
adopted, and upon roll call there were:
AYES:
~-
x
x
_~~
x
x
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
pweng\masters\awrdcon-BurlingtonSt-5-09baseonly. doc
5109
16
Prepared by: Denny Gannon, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO.
RESOLUTION A RDING CONTRACT AND AUTHORIZING THE MAY TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRA FOR
CONSTRUCTION O THE BURLINGTON STREET PEDESTRI BRIDGE
REHABILITATION PRO ECT.
WHEREAS, of s submitted the lowest
responsible bid of $ for onstruction of the above-na d project.
NOW, THEREFORE, BE IT RESOL ED BY THE CITY UNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the constructio of the ab ve-named project is hereby awarded to
ubject to the condition that awardee secure
adequate performance and paymen bond nsurance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to si n and the City Clerk to attest the contract for
construction of the above-named roje ,subject to the condition that awardee secure
adequate performance and paym nt bon ,insurance certificates, and contract compliance
program statements.
3. The (jo title) is authori ed to execute change orders as they may
become necessary in the c nstruction of the a ove-named project.
Passed and approved this day of ~ 20
MAYOR
/~' A roved by
ATTEST:
CITY CLERK'
It was moved by and seconded by
adopted, and upon~~oll call there were:
AYES: NAYS:
l
City A~orney's Office
the Resolution be
ABSENT:
Hayek
O'Donnell
Wilburn
Wright
Cham 'on
Correia
pweng\masters\awrdcon-Burl ingtonSt-5-09.doc
5/09
~~
Publish 5/7
NOTICE TO BIDDERS
BURLINGTON STREET PEDESTRIAN BRIDGE
REHABILITATION PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M.
on the 19th day of May, 2009. Sealed proposals will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J.
Harvat Hall, in City Hall at 7:00 P.M. on the 19th day of May, 2009, or at special meeting called for
that purpose.
The Project will involve the following:
Removal of reinforced concrete bridge deck;
161 cu. yds. Concrete Bridge Deck installation
58,126 lbs. Epoxy Coated Reinforcing Steel
All work is to be done in strict compliance with the plans and specifications prepared by VJ
Engineering of Iowa City, Iowa, which have heretofore been approved by the City Council, and are
on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a
sealed envelope, separate from the one containing the proposal, by a bid bond executed by a
corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The
bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and
shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a
contract within ten (10) calendar days of the City Council's award of the contract and post bond
satisfactory to the City ensuring the faithful performance of the contract and maintenance of said
Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid
bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15)
calendar days following award of the contract, or until rejection is made. Other bid bonds will be
returned after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment of all materials and labor, and also protect and
save harmless the City from all claims and damages of any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee the maintenance of the improvement for a period
of five (5) year(s) from and after its completion and formal acceptance by the City Council.
The following limitations shall apply to this Project:
Specified Start Date: June 1, 2009
Specified Completion Date:
Entire bridge open to use Aug. 14, 2009
Incentive (10 days max.) $1,000/day
Disincentive $500/day
Completed Project Sept. 4, 2009
Liquidated Damages (no limit): $500/day
The plans, specifications and proposed contract documents may be examined at the office of the
City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at
the Office City Engineer, City of Iowa City, 410 E. Washington St., Iowa City, Iowa, by bona fide
bidders.
A $30 non-refundable fee is required for each set of plans and specifications provided to bidders
or other interested persons. The fee shall be in the form of a check, made payable to the Treasurer
of the City of Iowa City. Plans and specifications will be available Wednesday, May 6, 2009.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa
Department of Economic Development at (515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must be given to products and provisions grown and
coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project.
The City reserves the right to reject any or all proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK