HomeMy WebLinkAbout2009-10-20 ResolutionM~5 4e 1
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5030 Resolution No. 09-326
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE
VACATED PORTION OF COURT STREET WEST OF MADISON STREET, AND FRONT
STREET SOUTH OF BURLINGTON STREET, AND SETTING A PUBLIC HEARING FOR
NOVEMBER 2, 2009.
WHEREAS, in 2007, the City Council vacated the portion of Court Street west of Madison
Street, and Front Street south of Burlington Street for the purpose of the University's construction
of recreational facility (ORD07-4280); and
WHEREAS, in conjunction with this vacation, the City previously considered and approved of
the conveyance of this vacated right-of-way contingent on the retention of a blanket utility
easement (RES07-279); and
WHEREAS, this contingency was not satisfied and thus the City retains title to this vacated
rights-of-way; and
WHEREAS, the University has, however, negotiated an easement agreement with the
MidAmerican Energy, the only private utility in this area, thereby making a blanket utility easement
unnecessary; and
WHEREAS, in exchange for this conveyance, the University will convey to the City a utility
easement within certain portions of the vacated right-of-way, thus satisfying the spirit of the
original contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to consider the conveyance of the portion of
Court Street west of Madison, and Front Street south of Burlington to the University in
consideration of University's conveyance of a utility easement to Mid American Energy and a
utility easement to the City in those portions of the vacated rights-of-way in which current
utilities exist.
2. A public hearing on said proposal should be and is hereby set for November 2; 2009, at 7 p.m.
in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The
City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by
law.
Passed and approved this 20th day of
ATTEST: /~(GUcet~ 7'~ . 7~~
CITY L-ERK
City Attorney's Office ~~~~~,~~
Resolution No. 09-326
Page 2
It was moved by Champion and seconded by Wright 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/glossary/resolution-ic.doc
~ u-~u-uy
M~ 4e 2
Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5094
RESOLUTION NO. 09-~v
RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 2, 2009, ON AMENDING
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS TO
ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING VIOLATIONS.
WHEREAS, the current fine for a parking violation in a snow emergency is the same as all other
illegal parking violations ($15.00); and
WHEREAS, to encourage compliance with the snow emergency parking regulations so that snow
and ice can be more efficiently and promptly removed from City streets, staff recommends that
the fine for a violation of the snow emergency parking regulations be set at $50.00; and
WHEREAS, notice and public hearing on proposed rate amendments should be provided to the
public prior to enactment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that:
1. A public hearing is hereby set for November 2, 2009, at 7:00 p.m. in Emma J. Harvat Hall, City
Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, 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 hearing to be published as provided by law.
Passed and approved this Both day of
ATTEST: ~• ^~~
CITY~LERK
It was moved by rham~i nn and seconded
adopted, and upon roll call there were:
AYES: NAYS:
~_
X
~_
x
~_
~-
X
Attorney's Office
~o.~~ Dp
by Wright the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Annen/resolutionslsettingphsnowemerg\. doc
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 09-328
RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 2, 2009 ON AN
ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE
DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY
MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE
DISTRIBUTION SYSTEM OF MIDAMERICAN, TO CUSTOMERS WITHIN THE
CURRENT OR FUTURE CORPORATE LIMITS OF THE CITY OF IOWA CITY, AND
ON A REVENUE PURPOSE STATEMENT SPECIFYING THE PURPOSE OR
PURPOSES FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE FEE
WILL BE EXPENDED, AND DIRECTING THE CITY CLERK TO CAUSE NOTICE OF
SAID PUBLIC HEARING AND SAID REVENUE PURPOSE STATEMENT TO BE
PUBLISHED AS PROVIDED BY LAW.
WHEREAS, Iowa City's current gas and electric franchises with MidAmerican Energy Company
reserve to the City the right to impose a franchise fee on MidAmerican's gross revenue from the
sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the state legislature during the 2009 session legalized
such a franchise fee; and
WHEREAS, Senate File 478 requires the City, prior to adopting a franchise fee rate ordinance, to
prepare and publish a revenue purpose statement specifying the purpose or purposes for which
the revenue collected from the franchise fee will be expended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that:
1. The following Revenue Purpose Statement sets forth the purposes for which the revenue
collected from the franchise fee will be expended:
REVENUE PURPOSE STATEMENT: The revenue collected from the franchise fee will be
expended for any of the following purposes:
1. Inspecting, supervising and otherwise regulating the MidAmerican Energy Company
.gas and electric franchises.
2. Public safety, including the equipping of fire, police and emergency services.
3. Public infrastructure to support commercial and industrial economic development.
2. A public hearing is hereby set for November 2, 2009, at 7:00 p.m. in Emma J. Harvat Hall,
City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as posted by the City Clerk.
3. The City Clerk is hereby directed to cause said Revenue Purpose Statement and notice of
said public hearing to be published as provided by law.
and appr ed t ~ 2 th day of October , 2009.
ATTEST: /f /' /1.s-~R~L/
-TY CLERK
City Attorney's Office
Resolution No. 09-328
Page 2
It was moved by Chamni nn and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X-
~-
x
X
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic. doc
4e 3
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO.
RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 2, 2009 ON AN
ORDINANCE AMENDING TITLE 12, ENTITLED "FRANCHISES", OF THE CITY
CODE TO ADD A CHAPTER IMPOSING A FRANCHISE FEE ON THE GROSS
REVENUE OF FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE
DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS BY
MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS UTILIZING THE
DISTRIBUTIO SYSTEM OF MIDAMERICAN, TO CUSTO ERS WITHIN THE
CURRENT OR TORE CORPORATE LIMITS OF THE CITY F IOWA CITY, AND
ON A REVENU PURPOSE STATEMENT SPECIFYING THE PURPOSE OR
PURPOSES FOR W H THE REVENUE COLLECTED FRO THE FRANCHISE FEE
WILL BE EXPENDED, D DIRECTING THE CITY CLERK O CAUSE NOTICE OF
SAID PUBLIC HEARING ND SAID REVENUE PURPO STATEMENT TO BE
PUBLISHED AS PROVIDED Y LAW.
WHEREAS, Iowa City's current gas a d electric franchises wi MidAmerican Energy Company
reserve to the City the right to impose a ranchise fee on Mid merican's gross revenue from the
sale of electricity and natural gas; and
WHEREAS, Senate File 478 enacted by the ate legisl ure during the 2009 session legalized
such a franchise fee; and
WHEREAS, Senate File 478 requires the City, prior adopting a franchise fee rate ordinance, to
prepare and publish a revenue purpose statement cifying the purpose or purposes for which
the revenue collected from the franchise fee will be xpe ded.
NOW, THEREFORE, BE IT RESOLVED BY T CITY CO NCIL OF IOWA CITY, IOWA, that:
1. The following Revenue Purpose State ent sets forth he purposes for which the revenue
collected from the franchise fee will b expended:
REVENUE PURPOSE STATEME T: The revenue collect from the franchise fee will be
expended for any of the followin purposes:
1. Inspecting, supervising and therwise regulating the MidA rican gas and electric
franchises.
2. Public safety, including t equipping of fire, police and emerg ncy services.
3. Public infrastructure to pport commercial and industrial econo is development.
2. A public hearing is here set for November 2, 2009, at 7:00 p.m. in E'`t\nma J. Harvat Hall,
City Hall, 410 E. Was ' gton Street, Iowa City, Iowa, or if said meeting ~s cancelled, at the
next meeting of the ' y Council thereafter as posted by the City Clerk.
3. The City Clerk is h eby directed to cause said Revenue Purpose Statem~t and notice of
said public heari to be published as provided by law.
Passed and approve this day of , 2006.
ATTEST:
CITY CLERK
YOR
/o --1~- a9
City Attorney's Office
N`~ 4f 1
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246
RESOLUTION NO. pg-~~9
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 500 MANOR
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Retention Agreement and
Deed Restrictions, executed by the owner of the property on June 19, 2009, recorded on
July 2, 2009, in Book 4468, Page 568 through Page 569, in the Johnson County
Recorder's Office covering the following described real estate:
Lot 61, Park View Terrace Subdivision, Iowa City, Iowa, according to the plat
thereof recorded in book 2, page 69A, Plat records of Johnson county, Iowa.
WHEREAS, the Retention Agreements and Deed Restrictions reflects the provisions of
the state Jumpstart program, through which the owner received flood rehabilitation
assistance; and
WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to
the owner of the property located at 500 Manor Drive and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and
University of Iowa Community Credit Union will be providing no additional funds to the
owner; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage. with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above-described real estate to secure the
City's position.
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
SUBORDINATION AGREEMENT BETWEEN THE City of Iowa City and University of
Iowa Community Credit Union, Iowa City, Iowa.
Passed and approved this 20th
Resolution No. 09-329
Page 2
ATTEST:
CITY LERK
Approved by
~~, (r5 -'r 3 ~-~S
~~._
City Attorney's Office
It was moved by Champion and seconded by wrieht the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
~ Correia
x Hayek
x O'Donnell
x Wilburn
~_ Wright
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University
of Iowa Community Credit Union, Iowa City. Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the
amount of 24 999, and was executed by Nancy Lane Gipson (herein the Owner), dated June
19, 2009, recorded July 2, 2009, , in Book 4468, Page 568 through Page 569, Johnson County
Recorder's Office, covering the following described real property:
Lot 61, Park View Terrace Subdivision, Iowa City, Iowa, according to the plat thereof recorded
in book 2, page 69A, Plat records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $120,000 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 Mortgage
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 Mortgage 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 Mortgage 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 thi° ~a day of ~~os>~ , 20 a9
CITY OF IOWA CITY
FINANCIAL INSTITUTION
Y ~ l3y
Mayor
B
Attest:
City terk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this ~ day of L~cYros~.R , 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared _ ~. i~a r IPy and
Marian K. Karr, to me personally known, and, who, being by me d y sworn, did say mat they are the
Mayor and City Clerk, 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 (fie)
(Resolution) No. oQ- 3a9 passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the a~~"`` day of Oc-r-o,a>=~ , 20 0~_, and
that R.,eae n ~ a .D. tom; l ~e and Marian K. Karr acknowledged the execution of the
instrument tb be their voluntary a and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
o~a~s SQNDRAE FORT S~w_~,._D 1
r ~ Commission Number 159791
My Comami~ssi~n Expires Notary Public in and for the State of Iowa
iow 3
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
s~,' ~ r
On this ~ day of ~ .-~ ~' ~~ L -j` , 20, before me, the undersi ned, a Notary Public in
nd for the State of Iowa, personally appeared ~(. ~i 1 `~ i~ ~ ~~~~ ~ ~- , to me
a
personally known, who being by me duly sworn, did say that he/she is the
r ~ ,
' ~-~-~ ~~' ~' ~~'~-(~~~ j ~~ ~C Yof ~ ~~, ~ ~ : ~ ~~, j7~ ~~ ~~~ ~ ~ ~~,'`, that said instrument was signed on
Board of Directors; and that said
bellalf of said corporation by authority of its
~- ~°~~ j ~' ~' ~( ~~(, ~~~ ~ acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarj~i executed.
~~ ~ ~` ~~,
Notary Public in and fb the State of low
~~,
My Commission expires:
~~c~II
co"Mri~i O" Numbw
. MyCor^
M~ 4f 2
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 09-330
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT FOR 3417 S. JAMIE LANE.
WHEREAS, on July 15, 2008, Joshua J. Wajda and Dava L. Wajda, the current owners of 3417
S. Jamie Lane, executed a mortgage to secure a loan for down payment assistance from the
City of Iowa City; and
WHEREAS, the owners recently obtained a loan from Residential Mortgage Network, Inc. to
refinance their primary loan; and
WHEREAS, the purpose of the refinancing is to obtain a lower interest rate and the owners will
receive no cash pay out; and
WHEREAS, said financial institution requests that the City's mortgage be subordinated to its
loan; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second lien holder, which is the City's original position.
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 attached subordination
agreement between the City of Iowa City and the Residential Mortgage Network, Inc.
Passed and approved this 20th day of October , 2009.
App~royed by
City Attorney's Office
Resolution No. 09-330
Page 2
It was moved by Champion and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
X
~_
X
x
~-
~-
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Residential Mortgaqe Network Inc., Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Second Mortgaqe which at this time is in
the amount of 10 000, and was executed by Joshua J. Wanda and Dava L. Waida (herein the
Owners), dated July 15, 2008, recorded July 16, 2008, , in Book 4325, Page 699 through Page
704, Johnson County Recorder's Office, covering the following described real property:
Lot 52, Village Green South, Part 46, Iowa City, Iowa, according to the plat thereof recorded in
Book 34, Page 42, Plat Records of Johnson County, Iowa
WHEREAS, the Financial Institution proposes to loan the sum of $130,200 on a promissory note to
be executed by the Financial Institution and the owners, 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 Second
Mortgaqe 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 Second Mortgaqe 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 Second Mortgaqe 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.
~l~
Dated this do day of ~rro i3EE2 , 20~_•
CITY OF IOWA CITY
By
Attest:
.,~~
City terk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
/ 1.
CK L. HOUSE, PRESIDENT
On this aot~` day of OcTaeErL , 20 0~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Rc '~ .U. and
Marian K. Karr, to me personally known, and, who, being by me my sworn, did sa that they are the
Mayor and City Clerk, 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 (~diuanee~
(Resolution) No. 09- 3,3o passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the ao fi~ day of (~c-rbS~l~ , 20~_ and
that 2.eaen;a .D..3Q;ley and Marian K. Karr acknowledged 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.
,~~^~ s SONDRAE FORT p~~ ~~~
i ~ Commission iJumber 159791 -J
My Commission Expires Notary Public in and for the State of Iowa
,pW a ao a
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~~ , ~ day of QC>~~~ , 20~'~, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ~~~~-- ~-' ~} ~C~L`-~~- to me
personally known, who being by me duly sworn, did say that he/she is the
~,~~~'~ ~ ~~ }' _ of ~''~~ ~ t'hC = ,that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that said
~~ (--~ s~d~n-I- acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by him/her voluntarily executed.
~~
n~
Notary Public in and for the State of Iowa
My Commission expires: E" 1 ~~:,V~~fi ! -
o~~ ear MICHELLE KAA5
2 '! Commission Number 742111
My Commission ExpUes
A st 7, 2012
Ml~
7
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 09-331
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 983 LONGFELLOW PLACE.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) Implementing Agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, under this agreement the proceeds from such sales must be used to expand
affordable housing opportunities in Iowa City; and
WHEREAS, the proceeds from such sales are used to provide affordable housing under the
City's Affordable Dream Home Program ("ADHOP"); and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 983
Longfellow Place, Iowa City; and
WHEREAS, the City has received an offer to purchase 983 Longfellow Place for the principal
sum of $145,000; and
WHEREAS, this sale would provide the opportunity for slow-income family to obtain ownership
of their own home; and
WHEREAS, on October 6, 2009, the City Council adopted a Resolution proposing to convey its
interest in 983 Longfellow Place, authorizing public notice of the proposed conveyance, and
setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 983 Longfellow Place, legally
described as Unit 983 Longfellow Place of Lot 10, Longfellow Manor Condominiums, Iowa
City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage
agreement and resale agreement with said family in an amount not to exceed $36,250.
Resolution No. 09-331
Page 2
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
It was moved by Champion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
x
x
x
x
x
X
Passed and approved this 20th day of
Approved by
~c ~o- ~ ~OS
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
City Attorney's Office
ATTEST: ~ CLl~tc2-~ 7~ ~~Ct~'
CITY ERK
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZIN CONVEYANCE OF A SI GLE FAMILY HOME
LOCATED AT 983 LONGFE LOW PLACE.
WHEREAS, the City Council of the City of Iowa City funct' ns as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, tf~e City Council cons' ered and passed Resolution No.
93-255 approving the Section 5(h) Implementing Agree ent for the conversion of public
housing to private ownership, also known ~s the Tenant-to- wnership Program; and
WHEREAS, under this agreement the pro eeds from uch sales must be used to expand
affordable housing opportunities in Iowa Citynd
,,
WHEREAS, the proceeds from such sales amused o provide affordable housing under the
City's Affordable Dream Home Program ("ADHO~"); nd
WHEREAS, the Iowa City Housing Authority o ns a single family home located at 983
Longfellow Place, Iowa City; and
WHEREAS, the City has received an offer to urch e 983 Longfellow Place for the principal
sum of $145,000; and
WHEREAS, this sale would provide the op rtunity for low-income family to obtain ownership
of their own home; and
WHEREAS, on October 6, 2009, the C' y Council adopte a Resolution proposing to convey its
interest in 983 Longfellow Place, au orizing public notic of the proposed conveyance, and
setting the date and time for the pub 'c hearing; and
WHEREAS, following the public Baring on the proposed onveyance, the City Council finds
that the conveyance is in the pu is interest.
NOW, THEREFORE, BE I~''`RESOLVED BY THE CITY CO NCIL OF THE CITY OF IOWA
CITY, IOWA, that:
Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 983 Longfellow Place, legally
described as Unit 983 Longfellow Place of Lot 10, Longfellow Manor Condominiums, Iowa
City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage
agreement and resale agreement with said family in an amount not to exceed $36,250.
`7 '1,
Resolution No.
Page 2
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
It was moved by and seconded by
adopted, and upon roll call there were:
NAYS: ABSENT:
the Resolution be
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
Passed and approved this _~ day of ' ~' , 2009.
,YOR
TTEST:
CITY CLERK
Approved by
City Attorney's Office
MJ~
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 09-332
RESOLUTION RESETTING PUBLIC HEARING ON
AMENDING THE FY2010 OPERATING BUDGET.
A public hearing was set for October 20 on amending the FY2010 Operating Budget. Due to a
publication error, it is necessary to reset the hearing.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., November 2, 2009, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2010
Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 20th day of October , 2009 .
ATTEST: T ~
CI LERK
It was moved by Havek and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
finadmVes\operbdg9-09. doc
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1.
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City Att rney's Offi ~~ _rs-~ ~
45
October 20 ,2009
The Finance Director of the City of Iowa City, State of Iowa, met in
XXXXXXXXXXXXXXXXN~f,)~~~~(~(~~44~41~XD4~~I~~~4~, City Hall, 410 E. Washington,
Iowa City, Iowa, at 10:00 o'clock A .M., on the above date, to open sealed bids
received, access electronic bids and to refer the sale of the notes to the best and most
favorable bidder for cash, subject to approval by the City Council at 7 :00 o'clock
P .M. on the above date.
The following persons were present:
Kevin O'Malley, Marian Karr, Cyndi Ambrose,
Jon Burmeister
Absent:
*******
-1-
This being the time and place for the opening of bids for the sale of $ 9,110 ,000
Parking System Revenue Refunding Capital Loan Notes, Series 2009F, the meeting was
opened for the receipt of bids for the notes. The following actions were taken:
1. Sealed bids were filed and listed in the minutes while unopened, as follows:
Name & Address of Bidders:
2. The Finance Director then declared the time for filing of sealed bids to be closed
and that the sealed bids be opened. The sealed bids were opened and announced.
3. Electronic bids received were accessed and announced as follows:
Name & Address of Bidders:
Hutchinson, Shockeyr Erley & Co. Chicago, IL
Robert W. Baird & Co, Inc. Milwaukee, WI
Northland Securities, Inc. Minneapolis, MN
4. The best bid was determined to be as follows:
Name & Address of Bidder: Hutchinson, Shockey, Erley & Co of Chicago, IL
True Interest Rate: 4.082679 % adjusted 4.057906
Net Interest Cost: $ 3 , 318 , 77 3.69 adjusted ' $3,105,063.03
All bids were then referred to the Council for action.
-2-
This being the time and place for the opening of bids for the sale of $ 9,110 ,000
Parking System Revenue Refunding Capital Loan Notes, Series 2009F, the meeting was
opened for the receipt of bids for the notes. The following actions were taken:
1. Sealed bids were filed and listed in the minutes w ile unopened, as follows:
Name & Address of Bi ers:
2. The Finance Director then dec red the time for filing of sealed bids to be closed
and that the sealed bids be op e .The sealed bids were opened and announced.
3. Electronic bids received we acces d and announced as follows:
N e & Addre of Bidders:
Hutchinson, Shockeyr rley & Co. Chicago, IL
Robert W. Baird & Co, Inc. Milwaukee, WI
Northland Securitie Inc. Minneapolis, MN
4. The best bid was etermined to be as follows:
Name & Address of dder: Hutchinson, Shocke Erle & Co of Chica o, IL
True Interest Rate: 4.082679 % adjusted 4.057 6%
Net Interest Cost $ 3,318.773.69 adjusted =~;3,114,g .84
All bids ere then referred to the Council for action.
-2-
This being the time and place for the opening of bids for the sale of $ 9, 520,000
Parking System Revenue Refunding Capital Loan Notes, Series 2009F, the meeting was
opened for the receipt of bids for the notes. The following actions were taken:
1
Sealed bids were filed and listed in the minutes while unopened, as follows:
Name & Address of Bidders:
2.
3
The Finance Director then declared
and that the sealed bids be opened.
Electronic bids received were accessed
/for filing of sealed bids to be closed
ed bids were opened and announced.
announced as follows:
Name & Addr s of
Hutchinson, Shockey~r Erley & Co
Robert W. Baird & Co, Inc.
Northland Securities, Inc.
4. The best bid was
be as follows:
Chicago, IL
Milwaukee, WI
,~inneapolis, MN
Name&Addressof Bidder: Hutc~iinson, Shoc_key, Erley & Co of~~hicago, IL
True Interest Rate: 4.08269 __
Net Interest Cost: $
All bids were then referred to the Council for action.
-2-
October 20 ,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 ; OO 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,
Absent:
None
* * * ~
-3-
ill
Council Member Wilburn introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $ 9 1 tn.,,000 PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F," and moved its
adoption. Council Member O'Donnell seconded the motion to adopt. The
roll was called and the vote was,
AYES: Bailey, Champion Correia, H~y~.k., O'Donnell.
Wilburn, Wright
NAYS:
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 09-333
RESOLUTION DIRECTING SALE OF $ 9 X510 ,000 PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the notes described as follows and the best bid received is determined to
be the following:
$ 9 ,~l,g .000 PARKING SYSTEM REVENUE REFUNDING
CAPITAL LOAN NOTES, SERIES 2009F:
Bidder: Hutchinson, Shockey, Erley of
the terms of said bid being:
Purchase Price: $ 9,630,718.95
True Interest Rate
4.082679
Chicago, IL
adjusted $9,215,950,58
adjusted 4..0579060
Net Interest Cost: $ 3,318,773.69
-4-
adjusted j $3,105,063.03
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That the bid for the notes as above set out is hereby determined to be
the best and most favorable bid received and, the notes are hereby awarded based on the
bid.
Section 2. That the statement of information for bidders and the form of contract
for the sale of the notes are hereby approved and the Mayor and Clerk are authorized to
execute the same on behalf of the City.
PASSED AND APPROVED this 20th day of October , 2009.
ATTEST:
City erk
-5-
it ~
Council Member Wilburn introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $ g 520.000 PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F," and moved its
adoption. Council Member 0' Donnell seconded the motion to adopt. The
roll was called and the vote was,
A
NAYS:
Whereupon, the Mayor dec red the followi g Resolution duly adopted:
Resol tion No. 9-333
RESOLUTION DIRECTING ALE OF 9 , 520 , 000 PARKING SYSTEM
REVENUE REFUNDING CA TALL AN NOTES, SERIES 2009F
WHEREAS, pursuant to notice as
public sale for the notes described as foll
be the following:
$ 9 , 520.000 PARKING SY
CAPITAL LOAN NOTES, S
Bidder: Hutchinson, Shockey, Erl
the terms of said bid being:
Purchase Price: $ 9 , 630 ,~ 18.95
True Interest Rate: / 4.082679
Net Interest Cost: $ /3 , 318 , 77 3.69
REFUNDING
of Chicago, IL
~ired by law, bids have been received at
and the best bid received is determined to
-4-
~l1
Council Member Wilburn introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $ 9,~:~si. 000 PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F," and moved its
adoption. Council Member O'Donnell seconded the motion to adopt. The
roll was called and the vote was,
AYES: '~ Bailev, _Champion ~ Correia Ha~gk_,_Q_'
NAYS
Whereupon, the Mayor declared following Resolution duly adopted:
Resoluti 09-333
RESOLUTION DIRECTING S E • $ 9 ~.~~.a ,000 PARKING SYSTEM
REVENUE REFUNDING C ITAL L AN NOTES, SERIES 2009F
WHEREAS, pursuant to not' e as required law, bids have been received at
public sale for the notes described s follows and the est bid received is determined to
be the following:
$ 9 `~ ~:n , 000 PARKIN SYSTEM REVENUE UNDING
CAPITAL LOAN NOT S, SERIES 2009F: ~~~,
`~
Bidder: Hutchinson, Shock y, Erley of Chicago, IL `~,
the terms of said bid bein
Purchase Price: 9,630,718.95 adjusted $9,215,950,58
True Interest te: 4.082679 % adjusted 4.0579bbo
Net Interest ost: $ 3,318,773.69 adjusted ~3j~4;9]s:34
-4-
11
Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $ PARKING SYSTEM
REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2009F," and moved its
adoption. Council Member seconded the motion to adopt. The
roll was called and the vote was,
AYES:
NAYS:
Whereupon, the Mayor
ing Resolution duly adopted:
RESOLUTION DIRECTING ~A OF $ PARKING SYSTEM
REVENUE REFUNDING CAP AL LOAN NOTES, SERIES 2009F
WHEREAS, pursuant to noti e as re uired by law, bids have been received at
public sale for the notes described s follows nd the best bid received is determined to
be the following:
$ PARKI SYSTEM REVE E REFUNDING
CAPITAL LOAN NO ES, SERIES 2009F:
Bidder: of
the terms of said bid bei~ig:
Purchase Price~$
f
True Interes~Rate:
~,;
Net Interest Cost: $
-4-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That the bid for the notes as above set out is hereby determined to be
the best and most favorable bid received and, the notes are hereby awarded based on the
bid.
-5-
Section 2. That the statement of information for bidders and the form of contract
h,~, ~z
Council Member Champion introduced the following Resolution
entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
PARKING SYSTEM REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA,
DATED DECEMBER 1, 1999, AND DIRECTING NOTICE BE GIVEN" and moved its
adoption. Council Member Correia seconded the motion to adopt. The
roll was called and the vote was,
AYES: champion ~ correia..,~H .~~lc ten' nonn~_1_1 , W~ 1 burn,
Wright, Bailey
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 09-334
RESOLUTION AUTHORIZING THE REDEMPTION OF
OUTSTANDING PARKING SYSTEM REVENUE BONDS
OF THE CITY OF IOWA CITY, IOWA, DATED
DECEMBER 1, 1999, AND DIRECTING NOTICE BE
GIVEN
WHEREAS, the City did, by resolution dated November 23, 1999, authorize the
issuance of $11,350,000 Parking System Revenue Bonds, dated December 1, 1999; and
WHEREAS, the Bonds are redeemable in any order of their numbering on July 1,
2009, or any date thereafter upon giving notice in the manner provided in the resolution
authorizing the issuance of the Bonds; and
WHEREAS, it is deemed necessary and advisable that $9,275,000 of the Bonds
maturing in the years 2010 to 2024, inclusive, be so redeemed on November 23, 2009,
and notice of redemption be given.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That outstanding Parking System Revenue Bonds, dated December 1,
1999, in the principal amount of $9,275,000, be and the same are hereby redeemed as of
November 23, 2009.
The City Controller is hereby authorized and directed to cause notice of such
redemption be given not less than thirty (30) days prior to the redemption date and to
cause notice of redemption to be mailed to the registered owners of the Bonds by
ordinary mail.
-6-
Section 2. The City Controller is hereby authorized and directed to cause to be
deposited in a separate fund sum sufficient to pay all principal and interest on the
redeemed bonds to the date of redemption.
Section 3. That the form of such notice be substantially as follows:
-7-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION
TO THE HOLDERS OF THE FOLLOWING DESCRIBED BONDS:
Please take notice that the bonds described below have been called for redemption. Owners of
the bonds should present their bonds for payment on the redemption date.
Issuer: Iowa City, Iowa
Original
Issue Amount: $11,350,000
Bond Issue: Parking System Revenue Bonds, Series 1999
Dated Date: December 1, 1999
Redemption Date: November 23, 2009
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
CUSIP Bond Interest Principal Maturity
Numbers Numbers Rate Amount 7uly
462344 EQ1 7 5.875% $ 410,000 2010
462344 ER9 8 5.875% 430,000 2011
462344 ES7 9 5.875% 455,000 2012
462344 ETS 10 5.875% 480,000 2013
462344 EU2 11 5.875% 505,000 2014
462344 EVO 12 5.875% 535,000 2015
462344 EW8 13 5.900% 565,000 2016
462344 EX6 14 5.900% 600,000 2017
462344 EZl 15 5.900% 1,300,000 2019
462344 FE7 16 6.000% 3,995,000 2024
No representation is made as to the accuracy of the CUSII' numbers printed
herein or on the Bonds.
The above bonds should be presented to the City Controller, City Hall, 410 E. Washington
Street, Iowa City, Iowa, 52240-1826. This represents a full call of the outstanding obligations.
All interest will cease to accrue on the Redemption Date.
CITY CONTROLLER, IOWA CITY, IOWA
~~~~~
PASSED AND APPROVED this 20th day of October
2009.
ATTEST:
City lerk
-10-
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 21st day of
October , 2009.
City C ,City of Iowa City, State of Iowa
(SEAL)
630693.1 /MSWord10714.097
NOTICE OF THE CALL OF BONDS FOR REDEMPTION
TO THE HOLDERS OF THE FOLLOWING DESCRIBED BO,~
Ple se take notice that the bonds described below have been c ed for redemption.
Owners oft bonds should present their bonds for payment on the edemption date.
Issuer: Iowa City, Iowa
Original
Issue Amount:
Bond Issue:
Dated Date
$11,350,000
P~king System
Decer~er 1, 1999
Redemption Date: November~3, 2fJb9
Redemption Price: Par, plus ac~fru~l interest
onds, Series 1999
on
CUSIP Bond Interest rincipal Maturity
Numbers Numbers Rate ount July 1st
462344 EQl 7 5.875% $ 410,0 0 Serial 2010
462344 ER9 8 5.875% 430,00 Serial 2011
462344 ES7 9 5.875% 455,000 erial 2012
462344 ETS 0 5.875% 480,000 S ial 2013
462344 EU2 11 5.875% 505,000 Ser 1 2014
462344 EVO 12 5.875% 535,000 Seria 2015
462344 EW8 13 5.900% 565,000 Serial 2016
462344 EX6 14 5.900% 600,000 Serial 2017
462344 EZ1 15 5.900% 1,300,000 Term 2019
462344 FE 16 6.000% 3,995,000 Term 024
o representation is made as to the accuracy of the CUSIP numbers
;rein or on the Bonds.
-8-
The above bonds should be presented to the City Controller, City Hall, 410 E.
Washington Street, Iowa City, Iowa, 52240-1826. This represents a .full call of the
outstanding obligations. All interest will cease to accrue on the Redemption Date.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
09-335
RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT FOR I-JOBS GRANT FUNDS FOR THE UNIVERCITY
NEIGHBORHOOD PARTNERSHIP PROGRAM.
WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between
the University of Iowa and the City to encourage home ownership and reinvestment in
designated neighborhoods surrounding the University of Iowa;
WHEREAS, on May 14, 2009, the Governor signed SF 376 that created the I-Jobs
program, which includes funding for affordable housing;
WHEREAS, the City applied fora $1 million I-Jobs grant to assist in the acquisition and
rehabilitation of 20 single-family homes to provide affordable housing in designated
neighborhoods surrounding the University of Iowa;
WHEREAS, the State recently awarded the City a $1 million grant to support UniverCity
Neighborhood Partnership Program; and
WHEREAS, the City Council finds that the public interest will be served by entering into a
grant agreement for these I-Jobs funds for affordable housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
10-ZO-09
13
The City Manager is authorized to enter into a grant agreement for I-Jobs funds to support
the UniverCity Neighborhood Partnership Program.
Passed and approved this 20th day of October, 2009.
ATTEST: ~ ~
CITY LERK
<~ ~ O _~`F~a~
City Attorney's Office
Resolution No. 09-335
Page 2
It was moved by Wright and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
X
x
x
Correia
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the Resolution be
wpd ata/glossary/resolution-ic. doc