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HomeMy WebLinkAbout2003-11-25 Resolution Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA (319)356-5030 RESOLUTION NO. 03-350 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHI-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER BILL MILHALOPOULAS, AND ATLAS WORLD GRILL, INC., D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAF~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Atlas World Grill, Inc. d/b/a Atlas World Grill, applied for temporary use of the public right-of-way at 127 Iowa Avenue for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this ?_qthday of November, 2003. ^ rEsT: Approved by: Resolution No. 03-350 Page 2 It was moved by 0' Donne11 and seconded by Champi on the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: ~( Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 03-351 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO'S OF IOWA CITY INC., d/b/a VITO'S, FOR A SIDEWALK CAF~ WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowner 120 Building Co. L.L.P., and Vito's of Iowa City, Inc., d/b/a Vito's, applied for temporary use of the public right-of-way at 118 E. College St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the eonditious regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 2§th day ofl~ovember, 2003. 'ATTEST:~~// Approved by: C,' Xttom"' ' Vito's Sidewalk Caf6 R~s Resolution No. 03-351 Page 2 It was moved by 0' Donne11 and seconded by Champion the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~( O'Donnell X , Pfab X Vanderhoef X Wilbum Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 03-352 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART SEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Galway Hills Subdivision - Part Seven, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Galway Hills Subdivision - Part Seven, as constructed by Streb Construction Company, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements ara hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 251:h day of~ ,2003 . CITY'CLERK C~t~/~tt~me~s Office It was moved by 0'Donne'l] and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum CITy OF IOW^ C T¥ 4 I 0 East Washinston Street Iowa City. Iowa 522~0-1826 (3 ~) 3S6-5000 (319) 356 5009 FAX ENGINEER'S REPORT www.ic~,ov.org November 5, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Galway Hills Subdivision - Part Seven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Galway Hills Subdivision - Part Seven have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer I 11-2 -o3 i Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-353 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 236-254 OF WINDSOR RIDGE - PART ELEVEN, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE, WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Lots 236-254 of Windsor Ridge - Part Eleven, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving and trail improvements for Lots 236-254 of Windsor Ridge - Part Eleven, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th dayof November ,20 03. MAYOR ClTY"~-:I;E RK Ci(y -A~orney's LSffice It was moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ENGINEER'S REPORT November 18, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Lots 236-254 of Windsor Ridge - Part Eleven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, trail, and paving improvements for lots 236-254 of Windsor Ridge - Part Eleven have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving and trail improvements constructed by Metro Pavers, Inc., of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-354 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, TRAIL, AND PAVING PUBLIC IMPROVEMENTS FOR HIGHLAND WOODS, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Highland Woods, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving and trail improvements for Highland Woods, as constructed by Metro Pavers, Inc., of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th dayof November 2003 . It was moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT November 18, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Highland Woods Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, trail, and paving improvements for Highland Woods have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving and trail improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356 5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5142 RESOLUTION NO. 03-355 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, LIFT STATION, FORCE MAIN, AND PAVING IMPROVEMENTS FOR DEAN OAKES SIXTH ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, water main, lift station, and force main improvements for Dean Oakes Sixth Addition, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Dean Oakes Sixth Addition, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ?~;th day of November ,2003 . CI~ERK ' ' - - ' It was moved by 0'Donne11 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ENGINEER'S REPORT November 18, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Dean Oakes Sixth Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, lift station, force main, and paving for Dean Oakes Sixth Addition have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, water main, lift station, and force main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356 5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 03-356 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR - PART 8, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Hollywood Manor - Part 8, as constructed by Dave Schmitt Construction Co., Inc. of Cedar Rapids, Iowa. Paving improvements for Hollywood Manor - Part 8, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 25th day of 20 03. CITY'CLERK /~ty AttOrney's ~ffice -- It was moved by n'n,,,~nel'l and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion ~ Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilburn °f.a ENGINEER'S REPORT November 18, 2003 Honorable Mayor and City Council Iowa City, Iowa Re: Hollywood Manor - Part 8 Dear Honorable Mayor and Counciipersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Hollywood Manor - Part 8 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Dave Schmitt Construction Co., Inc. of Cedar Rapids, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-5000 · FAX {319) 356-5009 Prepared by: Andrew Matthews, Ass't. City Attorney, 410 E. Washington St., iowa City, iA 52240 (319) 356-5030 RESOLUTION NO. 03-357 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, South Slope Cooperative Telephone Company desires to install a buried conduit system containing a fiber optic telecommunications cable in the area along Northgate Drive and a small portion of Highway 1 to provide a complete fiber optics Iccp for one of its customers, NCS; and WHEREAS, it is in the public interest to enter into an agreement with South Slope Cooperative Telephone Company concerning the construction work and the responsibility for the installation and maintenance cf the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and South Slope Cooperative Telephone Company to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at South Slope Cooperative Telephone Company's expense. Passed and approved this 25th day of November ,2003. Approved by CI~LERK [3i~y Attort~'e~,'s ~(fice Resolution No. 03-357 Page 2 It was moved by 0' Donne11 and seconded by Champion the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY FOR USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public property" shall mean public-owned or controlled public land and rights-of-way, easements, bridges, parks, squares and commons. d. "Network" shall mean South Slope Cooperative Telephone Company and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powem of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETVVORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in wdting to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pumuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice pdor to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) days' notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days, without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition or the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the dght to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of-way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines er any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public- right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City, when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities, including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring er has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the Network fails to cure a default within the time allowed, the City shall have the right to: i. seek specific performance; or ii. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; er iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage dudng the term or their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within Network's telecommunication system to any third party users of such facilities. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control, merger or consolidation. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY The City may terminate this Agreement at any time upon thirty (30) days' notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such dghts as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Network: J.R. Brumley, CEO South Slope Cooperative Telephone Company 980 N Front St., PO Box 19 North Liberty, IA 52317 Provided, however, that in case of emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall bb deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the 2.~th day of Nnv~mF,~,. , 2003. SOUTH SLOPE COOPERATIVE CITY OF IOWA CITY, IOWA TELEPH~OMPANY ¥ Approved by: _.,.z'_ _z' Ciiy Attomey's-Offic~ CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this dS day of A]oo~w-,~r A.D. 20 o.~ before me, ~,~.. ~ , a Notary Public in and for the Stat~ of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said 7 corporation by authority of its City Council; as contained in (Resolution) No. o3-..~"/ passed by the City Council, on the ~r~ day of /~o~_,-..1~.~,,- , 2003, and that Emest W. Lehman and Marian K. Karr acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.  SONDRAE FORT Commission Number 1597911 ~ My Commission Expires ! ! 1/o ¢, I Notary Public in and for the State of Iowa My commission expires: /-- NETWORK ACKNOWLEDGEMENT STATE OF ~J.~Jo~ ) ) SS: COUNTY ) On this '~-..~ day of~,~.~--,~t~-~, A.D. 200'~ , before me, the undersigned, a Notary Public in and for the State of ~-,~0-- personally appeared ~i~-.,~oJ~, to me personally known, who, being by me duly swom, did say that they are the ~:~.~ o.,,'~,~...~L~.~ of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has'been procured by the said) corporation; that said instrument was signed (and sealed) on ~~xed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be ~e voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 AN BETVVEEN THE CITY OF IOWA CITY, ~, AND SOUTH SLOPE ~PERATIVE TELEPHONE COMPANY FOR USE BLIC RIGHTS-OF-WAY FOR E INSTALLATION, OPERATION AND OF A FIBER OPTIC NETVVORK. SECTION FIONS a. "City" shall City of Iowa City, Iowa and appropriate, shall include its officers, agents. b. "Public improvements" ~11 mean any publicly improvements on public property, including but not limited sidewalks vegetation, trees, street lights, traffic signals, water mains, electric ,ion lines and equipment related thereto, cable and telephone lines qui~ thereto. c. "Public property" shall mean controlled public ~and and rights-of-way, easements, bridges, parks, sc mons. d. "Network" shall mean South Slope rative Telephone Company and shall include equipment owned, operated, leased, ~bleased in connection with the operation of the network, and shall include cables, u~ round conduits, handholes, vaults, fiber optic cables, overhead transmission lines al lines. SECTION 2. BASIC GRANT Network is hereby granted a license construct, inspect, protect, repair, replace and retain a communications system Jnder, upon, along across the public property shown and identified in Exhibit A hereto, regulatory of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION --PAIR, EXTEN~ )N OF THE NETWORK Before commencing any or expansion of its system, or an~major repair work or the installation of any new in the City, the Network shall file '~,ith the Public Works Department of the City statement verifying the public property"kunder which or upon which the Network prop ;es to extend, expand, install or repair its sys~m. The Director of Public Works may reqc the statement be accompanied by a map, pl~t,n or specifications showing the proposed of the system components with references to streets and alleys, existing public utilities the size and dimensions of all facilities, and the distance above or beneath the ]e ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Networ proceed in accordance with the approved maps, plans or specifications. No such construction or erection shall be commenced before the issuance of the permit herein unless it is an emergency as described in Section 5. All work performed by shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION A REPAIR OF NETWORK In the process of location, constr~ ion, reconstruction, replacement, or repai system component, the made or placed in public any time or for any purpose by the Network shall, protect the public and assure and efficient movement of traffic, be properly barri~ led to comply, at a minimum, wi uirements set forth in the Manual on Uniform Traffic Devices. All ~ or damaged shall be properly and speedily replaced in rdance with the City's Municipal Design Standards and Standard Specifications, period of five (5) years. As a condition to the use of .lic property, th( shall, at its own expense, repair or cause repair to any private pu utility system component, public improvement, or public property damag~ by suc construction, reconstruction, replacement or repair work. If the or arrange with the City for the proper repair of any public property ~ made, and after thirty days' notice in writing to do so given to its designated then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to excavations City streets, avenues, alleys and public property for purposes of repair, replacement and maintenance of wires, lines or other system components asso, with the Network. I such excavations, the Network shall obtain a permit to City Ordinances Regulations, shall not unnecessarily obstruct the use of avenues, alleys or public aces, shall provide the Public Works Director with (24) hours notice prior to the of the work, and shall comply with City provisions, requirements and ulations in performing such work. However, three days' notice shall be provided to the ~ublic Works Director for any work requiring a closure or detour. In emergencies uire immediate excavation, the Network with the work without first applying obtaining the permit, provided, however, the Network shall apply for and obtain the ,rmit as soon as possible after commencCng such emergency work. Excavations shall not dn open for more than five (5) working <tays, without prior City approval. Failure to Comply; Remedies. If the Network fails to comply provisions of this Section, the City may repair or restore the public property to a condition as good as the condition or the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, a~ong, over or under any )ublic property occupied by the Network, and to change any curb or sidewalk or the grade of street. In permitting others to do such work, shall not be liable to the Network for ~ny damages arising out of the performance of by other parties. Nothing in this reement shall be construed to relieve persons or corporations from liability for e to the Network's facilities. SECTION 7. NETWORK The requirements of this ag~ shall apply to all corporations performing work for the Network under a subcontract, time and ;rials arrangement or other type of work order. SECTION 8. CONDITIONS OF The fiber optic cable systems and other of the facilities erected by the Network within the City shall conform to of streets, alleys and sidewalks, and be so located as to cause minimum inte lhe other public utilities located in or upon public property, and to cause minimum interfer with the rights or reasonable convenience of property owners who adjoin public prop The Network shall conduct its work manner as to cause as little interference as possible with pedestrian and ~lar traffic, shall abide by scheduling directions, if any, given by the Director of Public ~ The Network shall, upon notice and at sole cost and expense, remove, locate and relocate its facilities , on, over or under public such manner as the City may at any time require for of the reconstruction, maintenance, repair or change ~n ~y public im in or about any such public property, for the purpose g the efficient operation any such improvement, or for the purposes of the vacation and/or redevetopm of public property or public right-of- way by the C In the event the Network fails to act withir reasonably allocated time, the City may cause Network facilities to be relocated, and thereof shall be to the Network and shall paid as provided in Section 5 hereof. Claims r delay of work from contractors employe~ by the City that are a result of Network's failure to within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public-right-of-way. Upon request, the Network agrees to assist in locating underground facilities which are pad of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a of this agreement the Network shall enroll as a member of the "Iowa One-Call Systen shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement worl 31eted by the Network or any facilities requiriq, g excavation of public properly or public hr-of-way shall require Network to restore and repl surface vegetation with sod in with City ordinances and in accordance standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City, when are to be ~ Network shall remove manholes, handholes, vaults, over hereto from the right-of-way as required in conjunction right-of-way repair, or construction unless this requirement is waived by ctor of Public Works. SECTION 10. POWERS OF CITY Nothing in this agreement shall be construed the right or power of the City to make further regulations relative to the use of the public property by anyone using the same for the installation and maintenance utility systems, including, but not limited to, fees for use of public property. Any such fu regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND Upon completion of the work, Network shall ~ptly furnish to the City copies of "as-built" plans related to its facilities I on The Network shall complete and accurate )s and records of the locations and operations of its including buried facilities, in connection with this agreement. SECTION 12 OF AGREEMENT Upon being received by the City that a violation ~r breach of this agreement is has occurred, or that a violation of codes or ordinances lawfully regulating the Netwc the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall be extended for such period of time as Cay be necessary to complete such 9. If the Network fails to cure a de dt within the time allowed, the City shall have the ht to: i. seek specific perf~ nance; or ii. remedy the doing the act itself, or through and charge the costs of such ~e Network; or iii. seek damages of such iv. any combination of (i), (ii; id (iii). SECTION 13. LIABILITY, lAND The Network covenants to indemnify, defen the City and its officers, agents and employees, harmless from any and all damac directly from the exercise of the rights granted herein. The Network agrees to require and subcontractors engaged in work for the Network within the public rigl ~blic property to maintain insurance coverage in comprehensive form and in the set by the City, to maintain said coverage during the term or their work and to provid of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of jurisdiction shall adj~ le any provision or provisions hereof invalid or illegal, or direct a ch~ by ~g herein contained, such invalidity, illegality or chan shall be deemed and shall in no way affect the remaining provisions of this reement or their validity and this agreement in all other respects shall continue in force and effect as if said ~ion or provisions had not been so adjudged invalid or illeg or such change had not been City's option, and upon a court's ruling of invali illegality, the City may cause thi agreement to be terminated. SECTION 15. AS~ Neither party sb r~ or otherwise transfer this agreement orany of its rights and interest to any firm, cai or individual, without the prior written consent of the other party, except either si have the right to assign, convey, or otherwise transfer its rights, title, interest and oblig ; under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within Network's telecommunication system to any third party users of such facilities. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control, merger or consolidation. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY The City may terminate this Agreement at any time upon thirty (30) days' notice provided to Network, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Network: J.R. Brumley, CEO South Slope Cooperative Telephone Company 980 N. Front St., PO Box 19 North Liberty, IA 52317 Provided, however, that in case of emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the day of 2003. SOUTH SLOPE COOPERATIVE CITY OF IOWA CITY, TELEPHONE COMPANY By: By: Title: Approved by: C~y Attorney's Office IOWA STATE OF IOWA SS: JOHNSON ) On this day of A.D. 20 , before me, , a Notary ~blic in and for the State of Iowa, personally Lehman and Marian K. Karr to ~ personally known, who being by me duly sworn, did that they are the Mayor and ', of said municipal corporation ,g within and foregoing instrument; that seal affixed thereto is the seal of said · ' that said instrument was signed sealed on behalf of said corporation by / of its City Council; as contained in (Resolu ~) No. passed by the City on the day of , 2003, and that Ernest W. Leh and Marian K. Karr acknowledged that the of said instrument to be the vol ~ act and deed of said corporation, by it and ~luntarily executed. / ///' Notary Public in and fo~the State of Iowa My commission expires: 8 NETWORK ACKNOWLEDGEMENT STATE OF ) ) SS: COUNTY ) On this day of , A.D. 20 the undersigned, a Notary Public in and for the State of n~9!!y appeared to me personally known, who, bein duly sworn, are the of said corporation executing the to which this is attached, that (no seal has been procured by the that igned (and sealed) on behalf of (the seal affixed thereto is the seal of said of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the and deed of said corporation, by it and by them voluntarily executed. ' Public in and for said County and State / Pweng\agt~xy2com p.doc / / / Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00037) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART TWO A, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, on behalf of Robed Lindemann, Charles Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Two A, 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: Beginning at the Northeast Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S00°05'18"E, along the East Line of said Southwest Quarter, and the West Line of Windsor Ridge Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 1,704.93 feet, to the Northeast Comer of Lindemann Subdivision, Part Two, in accordance with the Plat thereof Recorded in Plat Book 44, at Page 124, of the Records of the Johnson County Recerder's Office; Thence S89°54'42"VV, along the North Line of said Lindemann Subdivision, Part Two, a distance of 777.57 feet; Thence N00°05'18"VV, along said .North Line, 94.91 feet; Thence S89°20'05"W, along said North Line 951.64 feet, to the Northwest Corner thereof, and a Point on the East Line of Auditor's Parcel 95-004, in accordance with the Plat thereof Recorded in Plat Book 35, at Page 17, of the Records of the Johnson County Recorder's Office; Thence N00°39'55"W, along said East Line, and the East Line of Scott Boulevard East, Part Four, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 155, of the Records of the Johnson County Recorder's Office, 229.64 feet; Thence S89°06'58"VV, along said East Line, of Scott Boulevard East, Part Four, a distance of 3.56 feet, to the southeast Comer of a Tract of Land conveyed by Warranty Deed, as Recorded in Book 1211, at Page 60, of the Records of the Johnson County Recorder's Office; Thence N00°21'18"E, along the East Line of said Conveyed Tract, and the East Line of Lymann Subdivision, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 246, of the Records of the Johnson County Recorder's Office, a distance of 530.00 feet, to the Northeast Corner of said Lymann Subdivision; Thence N01°00'12"VV, along the East Line of a Tract of Land Conveyed by Warranty Deed, as Recorded in Book 453, at Page 167, and the Tract of Land Conveyed by Warranty Deed, as Recorded in Book 446, at Page 261, both of the Records of the Johnson County Recorder's Office, 280.14 feet, to the Southeast Corner of the Tract of Land conveyed by Warranty Deed, as Recorded in Book 1029, at Page 395, of the Records of the Johnson County Recorder's Office; Thence N00°51'17"W, along the East Line of said Conveyed Tract, 108.92 feet, to the Northeast Corner thereof, and the Southeast Corner of Hoyle's First Addition, in accordance with the Plat thereof Recorded in Plat Book 32, at Page 60, of the Records of the Johnson County Recorder's Office; Thence N00°49'22"W, along the East Line of said Hoyle's First Addition, 325.98 feet, to the Southwest Corner of a Tract of Land Conveyed by Warranty Deed, as Recorded in Book 329, at Page 313, of the Records of the Johnson County Recorder's Office; Thence S87°41'43"E, along the South Line of said Conveyed Tract, 100.66 feet, to the Southeast Corner thereof; Thence N00°59'43'~N, along the East Line of said Conveyed Parcel, 218.00 feet, to the Northeast Corner thereof, and a Point on the North Line of Said Southwest Quarter; Thence S87°41'43"E, along said North Line, 436.00 feet, to the Northwest Quarter of Tract Two of a "A survey in the SW 1/4, Sec. 7-79-5", in accordance with the Plat thereof Recorded in Plat Book 8, at Page 35, of the Records of the Johnson County Recorder's Office; Thence S02°18'17"W, along the West Line of said Tract Two, a distance of 321.40 feet; Thence S87°41'43"E, along the South Line of said Tract Two, and the South Line of Tract One, of said Recorded Survey, 496.30 feet, to the Southeast Corner of said Tract One; Thence N02°18'17"E, along the East Line of Tract One, a distance of 321.40 feet, to the Northeast Corner thereof, and a Point on the North Line of said Southwest Quarter; Thence S87°41'43"E, along said North Line, 713.05 feet, to the Point of Beginning. Resolution No. Page 2 Said Tract of land Contains 63.22 Acres, more or less, 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 (2003) 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 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. Passed and approved this day of ,20__ MAYOR Approved by CITY CLERK City" A'JtS~ney's"Office It was moved by. and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB03-00037 Lindemann Subdivision Part 2A Date: October 16, 2003 SUB03-00038 Lindemann Subdivision Part 3 SUB03-00039 Lindemann Subdivision Part 4 GENERAL INFORMATION: Applicant: Southgate Development 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 Property Owner: Robert Lindemann, Charles Lindemann, & Ruth Kabela Estate c/o Walden Wood Associates II 755 Mormon Trek Boulevard Iowa City, IA 52246 Applicant's Engineer: MMS Consultants Phone: 351-8282 Applicant's Attorney: Joe Holland Brewery Square - Suite 300 Iowa City, IA 52245 Phone: 354-0331 Requested Action: Final plat approval Purpose: Part 2A: 4 outlots Part 3:64 lot residential subdivision Part 4:40 lot residential subdivision Location: North of Court Street, east of Scott Park Drive, west of Manchester Lane Size: Part 2A: 63.22 acres Part 3:18.21 acres Part 4:14.85 acres Existing Land Use and Zoning: Undeveloped; OSA-5 & OSA-8 Surrounding Land Use and Zoning: North: Undeveloped; OSA-5 & OSA-8 South: Residential; OSA-5 & OSA-8 East: Residential; PDH-12 & RS-8 West: Residential; RS-5 2 Comprehensive Plan: The Northeast District Plan identifies this area as a predominately single-family neighborhood, with the potential for larger estate lots, duplexes, and zero-lot line dwellings to be integrated into the larger neighborhood. File Date: September 25, 2003 45 Day Limitation Period: November 9, 2003 60 Day Limitation Period: November 24, 2003 BACKGROUND INFORMATION: The preliminary plat for the Lindemann Subdivision was approved in February, 2002. The preliminary plat for the larger subdivisions consists of 262 residential lots, with a north-south greenway / trail / drainageway bisecting the neighborhood. A total of 62 lots have been final-platted in the first two final plats of the Lindemann Subdivision; Lindemann Subdivision Path Three is the continuation of this development. ANALYSIS: Lindemann Subdivision Part 2A: The purpose of establishing the four outlots in this subdivision is related to how the applicant is purchasing the property from the Lindemann family in parcels described by these outlots. Outlot E establishes the north boundary of Lindemann Subdivision Part 3; Outlot F establishes the area for Lindemann Subdivision Part 4; and Outlot G is the remaining area associated with the Lindemann Subdivision Preliminary Plat. The establishment of these outlots will allow these parcels to be purchased as separate parcels. Subdivision Design for Lindemann Subdivision Parts 3 and 4: The final plats are in general conformance with the preliminary plat and the City's subdivision regulations. Staff is reviewing construction plans and legal papers which accompany the final plats. Construction plans and legal papers must be approved by staff prior to City Council consideration of the final plat. One issue staff has identified is that the streets in Lindemann Subdivision Part 4 do not extend all the way through Outlot L, an outlot set aside for future development. While it is not normally required for streets to be required to extend through outlots set aside for future development, in this case, there is the potential for Outlot G to be sold or transferred to a property owner other than Southgate Development, and would need access to be developable. To address this concern, the applicant has agreed to state in the legal papers that Southgate Development is responsible for dedicating the right-of-way and constructing the infrastructure in Outlot L upon it's development, generally consistent with the approved preliminary plat, or upon the development of what is described as Outlot G. Conditional Zoning Agreement: The Conditional Zoning Agreement for this property contains standards for certain design elements of the Lindemann Subdivisions. These design elements include: \\citynt\jyapp$\subdivisions\Lindemann Part 3.doc 3 1. The construction of a tra# and greenway corridor along the drainageway / wetland system that bisects the properly. The trail and greenway corridor are identified on the plat, in accordance with the preliminary plat. Outlots I and J will become part of the greenway. The trail will need to be shown in the construction plans. 2. ff a sewer easement is extended parallel to the rear lot lines of properties fronting on Hummingbird Lane, one-half of the easement shaft be within the rear yards of the properties fronting on Hummingbird Lane, and one-haft of the easement will be in the subject property. This sewer easement is shown as required. 3. Prior to any final plats being approved for the property north of the midway point between Court Street and Lower west Branch Road, the reconstruction of Lower West Branch Road must be within a funded year in Iowa City's Capital Improvements Program. Additionally, prior to any plats or development being approved for the property north of the midway point between Lower West Branch Road and Court Street, the Owner Applicant agree to contribute funds to City for the reconstruction of Lower West Branch Road. The Owners and Applicant agree that the amount of funds to be contributed to City for the reconstruction of Lower West Branch Road is $217,500, including $31,755 for the area to be rezoned RS-5, and $185, 745 for the area to be rezoned RS-& The funds to be paid to City for the reconstruction of Lower West Branch Road may be paid on a per-acre basis, as part of final plat approval.... With the approved preliminary plat, the 'midpoint between Court Street and Lower West Branch Road' is further defined by a note that states "Prior to final plat approval for Lots 56 through 67 and 188 through 261 [according to lot numbers in the preliminary plat], the reconstruction of Lower West Branch Road must be in a funded year in the City's Capital Improvement Program." The lots proposed for final platting in Lindemann Subdivision Part 4 are the last lots that can be subdivided before the requirement for financial contributions toward the reconstruction of Lower West Branch Road is triggered. The reconstruction of Lower West Branch Road is currently in a funded year, FY07, in the City's Capital Improvements Program. Tap-on fees: A watermain extension fee of $395 per acre will be required. A sanitary sewer tap- on fee of $1,263 will be required, based on the accepted bid, design fees, and other associated costs of the project to extend sanitary sewer to the north. This City project will occur this fall. Outlot K: Outlot K, from information provided in the preliminary plat, is intended to function as a drainage and sanitary sewer construction access easement, as well as a walkway to Scott Park Drive / Hummingbird Lane. The subdivider is installing the trail and walkway; the City will maintain it upon it's dedication to the City. Outlot D: Outlot D is a walkway to the property to the east, that will connect to a private trail behind the condominiums on the west side of Manchester Lane. Because this is a pdvate trail system (open to the public but privately maintained), it is proposed Outlot D will be private. When discussing the preliminary plat, the Parks and Recreation Commission agreed to accept the main greenway and Outlot K as public, but not Outlot D. \\citynt\jyapp$\subdivisions\Lindernann Part 3,doc 4 STAFF RECOMMENDATION: Staff recommends that SUB03-00037., Lindemann Subdivision Part 2A, a four outlot, 63.22 acre subdivision located nodh of Coud Street and east of Scott Park Drive, be approved, subject to approval of legal papers prior to City Council consideration. Staff recommends that SUB003-00038, Lindemann Subdivision Part Three, an 18.21 acre, 64-1ot residential subdivision and SUB03-00039, Lindemann Subdivision Part Four, a 14.85 acre, 40-lot residential subdivision, located north of Court Street and east of Scott Park Drive, be approved, subject to legal papers and construction plans being approved prior to City Council consideration. Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\jyapp$\subdivisions\Lindemann Part 3.doc [ FINAL PLAT [LINDEMANN SUBDIVISION -PART TWO I IOWA CITY, IOWA (Y..J]I.OT 'FI* """ " City of Iowa City ~i~ ~ ~ WEST_BRAN(- 1t,S5m' . m= ~ -i ~v~ v ~ m L -J ~ ~ ..... W .... -_ ~o.~ ~ ~ SI~ ~OCA~ION: Lindemann Subdivision, PaA 3 8UB03-00038 FINAL PLAT LINDEMANN SUBDIVISION - PART THREE IOWA CITY, IOWA ~ . .~..,. ~.'V~)~_ ,.~,=,. ..................... ,_~ ~.~ ~- . ~. RS 8 OPDH-8 IDRS ,u , L_D SITE LOCATION: Lindemann Subdivision, Part 4 SUB03-00039 FINAL PLAT LINDEMANN SUBDIVISION - PART FOUR IOWA CITY, IOWA ~P~ .. ,~ c~,~ ~c - ~,,, · ~L~.~ ,~£, - ,~A o~. ~ ~ - p,.p,-~ A RESUBDIVISION OF OUTLOT "F" OF LINDEMANN SUBDIVISION - PART TWO A OLrTLOT 'L' ~l~ Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00038) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, on behalf of Robert Lindemann, Charles Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Three, 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: Outlot B of Lindemann Subdivision Part Two, and Outlot E of Lindemann Subdivision Part Two A, in accordance with the recorded plats thereof, Iowa City, Johnson County, Iowa, said parcel of land contains 18.21 acres, more or less, 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 desired of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) 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. Page 2 Passed and approved this day of ,20 MAYOR ATTEST: 1, CITY CLERK Cit~,~tt~n~y's ~bffice It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab . Vanderhoef Wilbum ppdadm/res/lindem~n n3.doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB03-00039) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, on behalf of Robert Lindemann, Chades Lindemann, and Ruth Kabela Estate, filed with the City Clerk the final plat of Lindemann Subdivision Part Four, 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: Outlot F of Lindemann Subdivision Part Two A, Iowa City, Johnson County, Iowa, in accordance with the Recorded Plat thereof. Said tract of land contains 14.85 acres, more or less, 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 desired of the owners and prepdetors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) 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. Page 2 Passed and approved this day of , MAYOR Approved by CITY CLERK Clt~Attomey's bffice It was moved by and seconded by the Resolution be adopted, and upon reil call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn --11-25-03 6h Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB03-00034) RESOLUTION NO. 03-358 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF OAKMONT ESTATES, IOWA CITY, IOWA. WHEREAS, the owner, K.G. Bird L.L.C., filed with the City Clerk the preliminary and final plat of Oakmont Estates, 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: Auditor's Parcel 95079, in accordance with the Plat thereof recorded in Book 35, at page 267 of the records of the Johnson County Recorder's Office. Said Parcel contains 8.70 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 preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and 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 (2003) 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 preliminary and 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, 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. Passed and approved this 25th dayof November ,2003 . Resolution No. 03-358 Page 2 ~ CORPORATE SEALMAY°R Approved by CITY'~LERK City Attorney's Office It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdad m*nVes~'~t ypla~ doc I 1 '1-25-03 6i Prepared by: Shelley McCafferty, Assoc, Planner 410 E. Washington St., 10wa City, iA 52240 (319) 356~5243 (SUB03~X)~25) RESOLUTION NO. 03-359 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILD PRAIRIE ESTATES, PART 5 LOCATED AT WILD PRAIRIE DRIVE AND PRAIRIE GRASS LANE. WHEREAS, the owner, Kennedy-Hilgenberg Enterprises filed with the City Clerk of Iowa City, Iowa, and application for approval the preliminary plat of Wild Prairie Estates Part 5, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The preliminary plat of Wild Prairie Estates Part 5, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 25th day of JJg~L~~, 2003 MAYOR Approved by CIT~LERK Ci{y"A~-orn ey's bffice It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadrnin~res\cityplat.doc City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planner DATE: October 31, 2003 RE: SUB03-00036, Wild Prairie Estates Part 5 Upon further evaluation, staff has determined that providing a connection to the future extension of Willow Creek Trail between lots 133 and 134, or between any other nearby lots is not practical due to steep topography. The proposed trail connection would not meet accessibility standards and would require extensive grading. The applicant has agreed to extend Wild Prairie Drive to the northwest corner of Outlot C as recommended by staff, and provide a temporary turn-a-round at this termination. Staff recommends that REZ03-00036, a preliminary plat for Wild Prairie Estates Part 5, a 25.79-acre, 35-1ot subdivision located at Wild Prairie Drive and Prairie Grass Lane, be approved. Karin Franklin, ~)ir~/ctor Department of Plahning and Community Development STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB03-00036 Wild Prairie Estates, Part 5 Date: October 16, 2003 Preliminary Plat GENERAL INFORMATION: Applicant: Kennedy-Hilgenberg Enterprises 1811 Dubuque Road Iowa City, IA 52240 Phone: 338-2192 Contact Person: MMS Consultants 1917 S. Gilbert Iowa City, IA 52240 Phone: 351-8282 Requested Action: Approval of preliminary plat Purpose: To create a 35-1ot subdivision Location: Wild Prairie Drive and Prairie Grass Lane Size: 25.79 acres Existing Land Use and Zoning: RS-5, undeveloped Surrounding Land Use and Zoning: North: IDRS; undeveloped South: RS-5; residential East: P; open space West: Public; open space RS-5; residential Comprehensive Plan: 2-8 dwelling units per acre File Date: September 11, 2003 45-day Limitation Period October 26, 2003 2 BACKGROUND INFORMATION: The applicant, Kennedy-Hilgenberg Enterprises, is requesting approval of a Preliminary Plat for Wild Prairie Estates Part 5, a 25.79 acre, 35-1ot residential subdivision located at Wild Prairie Drive and Prairie Grass Lane. This development would allow the construction of 35 single-family dwellings with three outlots. Outlot A is reserved for future development and Outlots B and C will be dedicated to the City. ANALYSIS: Conditional Zoning Agreement: When this property was annexed and rezoned, it was done subject to a conditional zoning agreement (CZA). These conditions had to do with the timing of the development of the property with respect to planned improvements to Rohret Road and the Westside Trunk Sewer (both of these projects have been completed). The CZA requires the owner to pay the pro rata share of the cost to upgrade the Westside Trunk Sewer, which is $700 per acre. Subdivision design: The subdivision as submitted generally complies with the subdivision and zoning code. It consists of 35 single-family lots and three outlots. The single-family lots range in size from 10,572 square feet to 27,460 square feet, with one lot of 110,127 square feet. This large lot, Lot 110, is also laid out as a "flag" lot. Flag lots are generally not acceptable because they typically do not comply with the street frontage requirement of the subdivision regulations, they can be difficult for emergency vehicles to locate, and they reduce the privacy of the lots located in front of them. However, this lot does comply with the subdivision regulations as it has 60 feet of frontage on a public street. In order to ensure that any building constructed on this lot does not encroach on the privacy of the adjacent lots, a 40-foot easement along the west and south property lines is provided. Adequate signage will be required at the intersection of Wild Prairie Drive and the driveway to Lot 110 to ensure this property may be easily located by emergency vehicles. The applicant is proposing that Wild Prairie Drive be terminated at the south boundary of proposed outlots. City policy typically requires that new streets be extended to the edge of a subdivision. In this case, the Johnson County Poor Farm Planing Study calls for the property directly to the north of Wild Prairie Estates to be a parkland reserve. Therefore, staff feels that Wild Prairie Drive need not be extended to the north property line. However, based on similar conditions in other subdivisions, the location of the proposed termination will likely result in erosion of the area north of this termination. Staff is recommending that if Outlot A is to be developed in the future, that Wild Prairie Drive be extended to the northwest corner of Outlot C. Termination at this location will allow an inlet to be constructed at the Iow point of Wild Prairie Drive and prevent erosion of the stream corridor. This extension will also provide the necessary access to the outlots that are to be dedicated to the City. Neighborhood Open Space: At time that Part 3 of Wild Prairie Estates was subdivided, the Parks and Recreation Commission, and the Planning and Zoning Commission agreed to accept open space along the Willow Creek corridor when the north portion of Wild Prairie Estates is subdivided. Outlots B and C includes the Willow Creek corridor and will be dedicated to the City. This open space will allow for an extension of the trail and the Willow Creek greenway system. Trail Connections: The Willow Creek trail provides connection from the neighborhoods to West High School, Walden Square commercial area, Willow Creek Park and Kiwanis Park. During the Southwest District planning process with residents of this area, it was identified that: "Trails, wide sidewalks, and bicycle lanes are viewed as important transportation links to neighborhood destinations;" and "With regards to parks, opens space and trails, there is overwhelming support for creating an interconnected system of neighborhood and regional parks throughout the district." To comply with the Comprehensive Plan, staff recommends that Outlot B be extended to include the 20-foot sanitary sewer easement between Lots 133 and 134 to allow for public access to Willow Creek Trail from this neighborhood. In addition to the extension of Outlot B, the applicant should construct the 10-foot trail connection from the street to the rear lot line of Lots 133 and 134. Sensitive Areas Site Plan: A Sensitive Areas Site Plan is required due to the presence of the stream corridor. This plan should delineate the stream corridor and buffer required by the Sensitive Areas Ordinance. Water/sewer extension fees: A water main extension fee of $395 per acre will be required for this development. A sanitary sewer tap-on fee at a rate of approximately $700 per acre will also required and will need to be addressed in the legal papers for the final plat. Storm water management: Storm water management will be provided on Outlot B, which is to be dedicated to the City. Stormwater from the northern portion of Wild Prairies Estates Part 4 will also be retained in this basin. Summary: Staff feels that this preliminary plat will comply with the subdivision regulations and the Comprehensive Plan if a connection is provide to the future extension of the Willow Creek Trail and Wild Prairie Drive is extended to the northwest corner of Outlot C. STAFF RECOMMENDATION Staff recommends that REZ03-00036, a preliminary plat for Wild Prairie Estates Part 5, a 25.79- acre, 35-1ot subdivision located at Wild Prairie Drive and Prairie Grass Lane, be approved subject to resolution of the deficiencies and discrepancies listed below. DEFFICIENCIES AND DISCREPENCIES: 1. Extension of Outlot B between Lots 133 and 134. 2. Construction of a 10-foot trail connection from Columbine Court to the rear property lines of Lots 133 and 134. 3. Extension of Wild Prairie Drive to the northwest corner of Outlot C ATTACHMENTS: 1. Location map 2. Preliminary plat Robert Miklo, Sc~nior Planner, Department of Planning and Community Development SITE LOCATION: Goldenrod Drive & Duck Creek Drive SUB01-00022 Preliminary Plat ..... , ' Wild Prairie E.s[a[es, Par[ Five ~ '-'' ~,~.._ A Resubdivision of Lot 'A, 'ild Prairie E, tates, Part Four '~'~' ;~~ Iowa City, Iowa ---~- ~ ~~ ::t:t:,",,,"' ( "--'- ...... ..... , ....... , ' ' ' ..... : . ~ '~ .......... % "" ,-~,."' ' .......... ' ...... [~,?., ~, ~o ~,: ~'~ STANDARD LEGEND AND NOTES Prepared by: Susan Dulek, Asst. City Attorney, 410 F. Washington St., Iowa City, IA 52240 RESOLUTION NO. "ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLEI RIGHTS," TO SIMPLIFY THE PROBABLE CAUSE DETERMINATION TO PROVIDE FOR MEDIATION, TO STREAMLINE THE CONCILIATION SS, TO DEFIN~ LITIGATION WORTHY, TO ESTABLISH PROCEDURE FOR PUBLIC HEARINGS, TO MODIFY THE POWERS OF THE HUMAN TO CLARIFY ,, CERTAIN DEFINITIONS, AND TO ADDITIONAL NONSUBST~ NTIVE CHANGES WHEREAS, the~distinct roles of the Human Rights Commi., ("Commission"), the City Attorney's Office, the Commission staff need to be with respect to the probable cause investigation ation; and WHEREAS, the conciliation process is and not as effective as it could be; and WHEREAS, there is no provision for the ~lainant and the respondent to engage voluntarily in mediati ~nd WHEREAS, there is no to analyze when ~ case should proceed to public hearing following a probable caus~ and /' WHEREAS, there are provisio~rVs governing the proceedings of a public hearing; and WHEREAS, most of the amendmenb )laints are investigated, probable cause determinations are made, and public conducted mirror the process used by the Iowa Civil Rights Commission; and WHEREAS, the duties bestowed and the granted to the Commission need to reflect the modified role of the Commission in the cause determination and its increasing role in educating the public on human rights and ; and WHEREAS, the Commission approved these nges at its meeting on September 23, 2003; and WHEREAS, it is in the best interest of the City to ado ~hese amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY ~ OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 2, entitled "Human Rights," Chapter 1, entitled "General Section 1, entitled "Definitions," is hereby amended by repealing the definition of and substituting in its place the following new definition: Age: Chronological age of ~]hy person. Title 2, entitled "Human Righ~ts," Chapter 1, entitled "General Provision: Section 1, entitled Definitions," ~s hereby amended by repealing th,,e definition of iation Team" and substituting in its place the f~lowing new definition of conciliation": / Conciliation: The atte~hpt by the Human Rights Coordinator to reach a resolution with both parties in a case in w~ch a determination of probable cause has been made. 11-25-03 10b Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-360 RESOLUTION AUTHORIZING CONVEYANCE OF A TWENTY FOOT WIDE BY SIXTY-EIGHT FOOT LONG VACATED PORTION OF THE ALLEY BETWEEN AND ADJACENT TO LOTS 2 AND 7, BLOCK 9, COUNTY SEAT ADDITION, WHICH IS LOCATED BETWEEN SOUTH DUBUQUE AND LINN STREETS, TO UNIVERSITY VIEW PARTNERS, LARJ PROPERTIES AND JALIL & MAHROOYEH MOSTAFAVl WHEREAS, On November 25, 2003, the City Council is vacating the above-referenced alley, legally described as follows; The south 68.00 feet of the platted alley between and adjacent to Lots 2 and 7, Block 9, County Seat Addition, Iowa City, Iowa, subject to easements and restrictions of record and WHEREAS, adjacent owner University View Partners has offered to purchase the 680 square foot portion of said alley adjacent to their property for $4,655, LARJ Properties has offered to purchase the 540 square foot portion of the alley adjacent to their property for $3,402, and Jalil and Mahrooyeh Mostafavi have offered to purchase the 140 square foot portion of said alley adjacent to their property for $875, which offers constitute adequate consideration for the property; and WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area, but does need to retain a utility easement over said property; and WHEREAS, following public hearing of the proposed conveyance, the disposition of the subject property, subject to a utility easement, is found to be in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute written contracts deeds andall other documentation, in a form approved by the City Attorney, to complete the transactions provided for by the above-referenced offers, and convey the alley subject to the necessary utility easements.. 2. The City Attorney is authorized and directed to record all the necessary documentation to transfer title of said property to the purchasers at their expense. ,~~,l~nd approved this _=J~5..t, JJl,q__ day of Nnwmb~' ,2003. 'I~A-YO R - tS'TT'Y CLERK Approved by City Att~'rne~/s Office Resolution No. 03-360 Page 2 It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum [1[~t 1.25.03 Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 RESOLUTION NO. 03-361 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR THE DEVELOPMENT OF THE LODGE, LOT 1, RUPPERT HILLS SUBDIVISION, IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owner of Lot 1, Ruppert Hills Subdivision, Iowa City, Iowa, submitted a site plan for development of said property; and WHEREAS, City staff approved the site plan subject to the property owner executing a development agreement and a stormwater management easement agreement, a water main easement agreement, a sanitary sewer easement agreement, a driveway access and fire apparatus access easement agreement and a public access pedestrian easement to ensure the construction of improvements in accordance with a conditional zoning agreement applicable to the property and per the site plan and to maintain the integrity of the improvements necessary to support the development; and WHEREAS, execution of a developer's agreement and the necessary easement agreements allows development of the property and ensures the integrity of the public improvements serving Lot 1, Ruppert Hills Subdivision; and WHEREAS, the execution of the necessary agreements and easements is in the public interest of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the developer's agreement and the above referenced easements, as approved by the City Attorney's Office, for Lot 1, Ruppert Hills Subdivision, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced development agreement and easement agreements in the Johnson County Recorder's Office at the expense of the owner, RayCal Iowa, Ltd. Passed and approved this 25th day of N~ovember ~~./~ ~~..___ Approved by _ City ~,{~or~ey's Office Annen/forms/Lot 1, Rupper[ Hills.doc Resolution No. 03-361 Page 2 It was moved by Vanderhoef and seconded by 0' Donne'l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~( Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 11-25-03 12 Prepared by: Klm Johnson, Pub;ic Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION, AND A SIDE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR CONSTRUCTION OF THE SIDEWALK EXTENSION FROM HAWKINS DRIVE TO ELLIOT DRIVE ALONG HIGHWAY 6 PROJECT [STP-E-3715(62,4)-- 8V-52]. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City, Iowa has negotiated a side agreement with the University of Iowa, said agreement being attached to this resolution and by this reference made a part hereof; and WHEREAS, the City of Iowa City supports and endorses this project because it will provide a safe passageway for pedestrians along Highway 6; and WHEREAS, the University of Iowa has agreed to provide local matching funds and all portions of the total project cost in excess of the IDOT grant, and to conduct all administration and inspection of the construction of a sidewalk extension; and WHEREAS, THE City Council deems it in the public interest to enter into said agreements for the construction of sidewalk extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement in duplicate between the City of Iowa City and the Iowa DOT for STP funds. 3. The Mayor is authorized to sign and the City Clerk to attest the side agreement between the City of Iowa City and the University of Iowa. 4. Staff is authorized to provide any additional documentation required by Iowa DOT. Passed and approved this 251:h dayof November ,20 03 MAYOR Approved by CITY ~-ERK City'Att[5'rr~'ey's' Office ~ Resolution No. 03-362 Page, 2 It was moved by W'i 1burn and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum September 2002 IOWA DEPARTMENT OF 'TRANSPORTATION AGREEMENT FOR TRANSPORTATION ENHANCEMENT PROGRAM PROJECT RECIPIENT: City of Iowa City PROJECT NO.: STP-E~3715(624)--8V-52 IOWA DOT AGREEMENT NO.: 6-03-STPE~50 This is an agreement between the City of Iowa City, Iowa (hereina~er referred to as RECIPIENT) and the Iowa Department of Transportation (bereina~er referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. The RECIPIENT proposes a Transportation Enhancement project for funding under Sec. 133 (b) (8) and Sec. 101 (a) (35) of Title 23, United States Code. The Transportation Equity Act for the 21* Centmy (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that STP funds for the Transportation Enhancement Program are to be administered by the DEPARTMENT. The OMB (Office of Management and Budget) Circular A-133 requires the RECIPIENT to report the CFDA (Catalog of Federal Domesfc Assistance) number and title on all Federal-Aid Projects. The RECIPIENT will use CFDA #20.205 and title, "Highv~ay Planning and Construction" for this project. This information should be reported in "The Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DEPARTMENT and the Johnson County Council of Governments, the DEPARTMENT agrees to provide STP Enhancement funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing end the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead local govemmemal agency for carrying out the provisions of this agreement. 2. AIl notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENTs contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the City Engineer, Ron Knoche, P.E. TE Program Project Agrceancnt Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described Transportation Enhancement project: Sidewalk/Trail Extension- Phase 1 of 3, Along US 6 from Hawkins Dr. to the intersection of Newton Rd. & Elliot Dr. 4. The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP Enhancement funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TIP) and in the approved current Statewide Transportation Improvement Program (STIP), whichever is less. 5. This agreement will become null and void if the project described in Section 3 drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. 6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 7. It is the intent of both parties that no third party benefldaries be created by this agreement. 8. This agreement shall be executed ;md delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 9. This agreement, as set forth in items 1 through 9 and the attached Exhibit E paragraphs 1 through 30 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the sj~tming of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. TE Program Project Agreement Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-03- STPE-50 as of the date shown opposite its signature below. RECIPIENT: City of Iowa City B ovember 25 ,2003 Title Mayor ATTEST: (for RECIPIENT) Title City Clerk Date November 25 , 2003 IOWA DEPARTMENT OF TRANSPORTATION Highway Division l~er R. Walton, P.E. Local Systems Engineer District 6 S~tember 2002 EXHIBIT E Standard Provisions for Federal-Aid Transportation Enhancement Project Agreement 1. Since lifts project is to bo financed m part with local and Federal funds, the RECIPIENT shall take the necessmy actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and comractors, no person in the United States shall be excluded from participation in, be denied the benefits of~ or be otherwise subjected to discrimination on ~he grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT will determine a Disadvantaged Business Enterprise (DBE) commitment on all Federal-aid projects. 2. The RECIPIENT must receive notice of FHWA authorization from the Deparhne~t before be~i~'nnin~ any work for which federal-aid Reimbursement will be requested. The cost of wock, occurring prior to securing FHWA authorization, will not be reimbursed with federai-aid funds. The RECIPIENT must contact the District Local Systems Engineer to obtain the procedures necessary to ~ecure FHWA authorization. 3. The RECIPIENT shall take the appropriate actions and prepare tho necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and locaben/design approval ff farmland is to be acquired, whelher for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (Iq'RCS). 4. The RECIPIENT shall obtain agreemenls, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessmy, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Nalural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 5. General Requirements and Covenants (Division 11) of the DEPARTMENT'S standard specifications shall apply to all projects lot at the DEPARTMENT. 6. If Fedoral-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by lhe DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by tho governmental unit designated cognizant agency or lhe Federal agency providing the largest amount of Federal funds to the governmental unit 7. The project plans, specifications and project cost esgmate (PS&E) shall be prepared end certified by a professional engineer/architect/landscape architect licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 8. ff Federal-aid is requested for preliminmy and/or conslruclion engineering costs, the RECIPIENT will select a consultunt(s) in accordance with the DEPARTMENT's consultant EXHIBIT E Page 2 9. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). 10. After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization. 11. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee lille and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessmy, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of- way. With prior approval, hardship and protective buying is possible, ff the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federai Highway Administration's (FHWA) au~orization before purchasing any needed fight-of-way. 12. The RECIPIENT shall cemply wilh tbe Policy for Accommedaling Utilities on City and County Federal-aid Highways Right of Way mad the Policy for Accommodating Utilities on Prim_a~ Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type Of utility involved and Iowa Code Chapter 306P~ 13. Traffic control devices, signing, or pavement markings installed wiflfin the limits of this project shall conform to the "IVlenual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Admini~xaliv¢ Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures end devices such as fences, bamcades, signs, flood lighting, and warning lights as necessary. 14. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. As a condition for the Department to let the project, the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the project ffbids submitted are 110% of the project cost estimate or less. If the RECIPIENT is a city, Tho RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. 15. lfthe project is to be accomplished via a contract awarded by competitive bidding, the project will normally be let by the DEPARTMENT in accordance with its letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 16. When let by the DEPARTMENT, the DEPARTMENT will prepare en Iowa DOT Staff Action for concurrence to award the contract~ The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. 17. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 18. The project must be let to contract or construction started within two years of the date this EXHIBIT E Page 3 default, for which the Local Planning Affiliation in consultation with the DEPARTMENT may revoke funding commitments~ For the S~atewide Enhance~nent Projects, the DEPARTMENT, m consultation with the Local Planning Affiliation, may revoke funding commitments if the RECIPIENT is found in default. This agreement may be extended for periods up to six months upon receipt of a written request fi.om file RECIPIENT at least sixty days prior to the deadline. 19. If Federal-aid is requested for force accotmt construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 20. The DEPARTMENT will pmpa~e the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 21. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible projeet costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 22. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accotmts fi.om which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 23. Upon completion of the project described in this agreement, a professional engineer/architecVlandscape architect licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT, that the project was completed in substsutial compliance with the plmas and specifications set out in this agreement Fin_al reimbursement of Federal funds shall be made only at, er the DEPARTMENT accepts the project as complete. 24. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project The RECIPIENT shall also make such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspeetion by the DEPARTMENT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the RECIPIENT, if requested. 25. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection or use of this project. This agreement to indemnify, defend mad hold hamfleas applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 26. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement (for 20 years on the Statowide 1;~haucement Projects) in a manner acceptable to the DEPARTMENT and the FHWA. 27. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates tint my facility to be utiliTed in performance under orto benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as EXHIBIT E Page 4 b. The RECIPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 28. ff this agreement is to fund floe Historical Preservalion of a stnlcture, the Recipient shall preserve the architectural, historical and cultural integrity of the structure by maintaining and repairing the property in compliance with 'Who Secreta~ of the Interior's Standards for Rehabilitating Historical Buildings". No alterations shall be made to the existing structure without first obtaining the written consent of the State Historical Society of Iowa (State Historic Preservation Officer). 29. ffthe RECIPIENT, within the next 20 years, decides to sell the structure to a private party, or it is now tmd~r private ownership, the RECIPIENT shall: 1. Execute a recordable document for preserving the historical and architectural integrity for 20 years from the dato of receipt of public funds; or 2.Repay the State of Iowa all the fuads received by the RECIPIENT. 30. ff the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapte~ 384. The RECIPIENT agrees tint at such lime as its collections (exclusive of interest and penalties which shall bo retained by the RECIPIENT) from special assessments levied for this project exceed the local share of the total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The REC/PIENT shall notify the DEPARTMENT when any lands specially assessed no longer quali~ for an agricultund deferment of the special The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. SIDE AGREEMENT FOR CONSTRUCTION OF HAWKINS DRIVE TO ELLIOT DRIVE SIDEWALK EXTENSION This is an agreement between the City of Iowa City (hereinafter referred to as "City"), and the University of Iowa (hereinafter referred to as "University") to allocate responsibilities with respect to the construction project (hereinafter referred to as "Project") to construct a PCC sidewalk extension from Hawkins Drive to Elliot Drive. The City has applied for and received a grant of $55,000 from the Iowa Department of Transportation (hereinafter referred to as "IDOT") which is 22% of the $247,000 estimated total project cost, to complete the sidewalk construction project. As an inducement for the City to enter into a contract with IDOT for the Project, the University agrees to provide certain funding, construction and construction management for the Project, as more fully set forth herein. I. City responsibilities: A. The City agrees to enter into an agreement with IDOT for the purpose of financing the Project, identified as Project #STP-E-3715(624)--SV-52, IDOT agreement #06-03-STPE- 50. B. The City agrees to be the local government agency for carrying out this project for purposes of IDOT funding. C. The City agrees to cooperate with and coordinate activities with the University in connection with the University's construction of the Project. D. The City agrees to forward to the IDOT all requests for payment submitted by the University, and upon receipt from IDOT of such funds, to timely reimburse the University for such costs incurred. Both parties acknowledge that the IDOT may withhold a portion of these funds until their internal audits are complete. E. The City's financial contribution to the Project shall be the amount of the grant from IDOT of $55,000 not to exceed 80% of the construction cost. Should the actual total project cost exceed the estimated total project cost, such additional costs shall be the responsibility of the University. 11. University responsibilities: A. The University agrees to provide at its cost, the necessary real estate for construction of the sidewalk. Subject to Section I.E of this agreement, the University's financial contribution to this project shall be all portions of the total project cost in excess of the IDOT grant. B. The University, in conjunction with IDOT, agrees to undertake construction of the sidewalk project and to arrange for all necessary construction management services, equipment, personnel, and facilities necessary to carry out and complete the Project. C. Unless otherwise specified herein, the University agrees that it will assume and will undertake on behalf of the City the City's responsibilities set out in IDOT Project #STP- E-3715(624)--8V-52; IDOT agreement #6-03-STPE-50 and any attached exhibits, which agreement is hereby made a part of this agreement. D. The University agrees to coordinate and cooperate with the City with respect to the various construction and other activities it undertakes in connection with the Project. E. The University agrees that should the Project not be completed within two years of the date of commencement of work, or such later date as the parties may agree, the University shall repay all sums advanced or paid to it by or through the City or IDOT in connection with this project. F. The University agrees to be responsible for any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this Project which directly results from the negligent acts or omissions of the University. Parties agree that the University is self-insured and shall provide a certificate of insurance upon request. CI.T~OF IOWA CITY - ..~ THE UNJ,~FRSITY Ernest W. Lehman, Mayor (Signa_tor~'~i~r'- Mari~'H<. Karr, City Clerk ate: °ate: ^ppro~ed by ~he' City~ttorney's Office: Pweng~agt~hawkinsidewalk.doc Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5149 RESOLUTION NO. 03-363 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO AFl'EST AN AGREEMENT BY AND BE'rVVEEN THE CITY OF IOWA CITY AND EARTH TECH, INC. COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE MORMON TREK BOULEVARD EXTENSION PROJECT PHASE 2. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the extension of Mormon Trek Boulevard from Highway 1 to Highway 921 will enhance traffic flow in southwest Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the Mormon Trek Boulevard Extension Project Phase 2, all of which shall be celled the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Earth Tech, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Earth Tech, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicete. Passed and approved this 25th day of~ _, 2003 MAYOR It was moved by Vander'hoef and seconded by Champ'ion the Resolution be adopted, and upon roll carl there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum pweng\res\momttrekl 1-03.doc 5ol Sycamore Street, Suite 22z, Post Office Box ~497, Waterloo, Iowa 5o7o4-i497 PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Mormon Trek Boulevard Extension Phase II ("Project") This Agreement is by and between City of Iowa City ("Client") 410 E. Washington Street Iowa City, Iowa 52240-1826 and, Earth Tech, Inc. 501 Sycamore, Suite 222 Telephone P.O. Box 1497 Waterloo, Iowa 50704-1497 3 ~ 9.23 ~. 653 ~ Facsimile Who agree as follows: 319.232.o271 Client hereby engages Earth Tech to perform the Services described in Part I and Earth Tech agrees to perform the Services for the compensation set forth in Part III. Earth Tech shall be authorized to commence the Services upon execution of this Agreement. Client and Earth Tech agree that this signature page, together with Parts I-V and attachments referred to therein, constitute the entire agreement between them relating to the Project ("Agreement"). APPROVED FOR CLIENT APPROVED FOR EARTH TECH CITY OF IOWA CITY, IOWA Joe A. Becker Title: Mayor Title: Vice President Date:_. November 25, 2003 Date: October 31, 2003 Approved By ' ~ily Attorney's Office E A R T H ~1) T E C H A Tyco Infrastructure Services Company PART I EARTH TECH'S RESPONSIBILITIES A. Project Description The Mormon Trek Boulevard Extension Phase ~I project consists of a drainage study update for Willow Creek and the final design of two (2) reinforced concrete box culverts. The box culverts will be in accordance with the Hydrologic and Hydraulic Analysis of Willow Creek completed by the City in February, 2001, unless modified as part of this project. The project also includes preliminary and final design of the Mormon Trek Boulevard roadway between the west property line of the airport and Riverside Drive, a distance of approximately 2,600 feet. The roadway will be designed in accordance with the City of Iowa City's Arterial Street Standards and will include a 3-lane roadway and turn lanes as appropriate. The design will also include an 8-foot sidewalk on one side of the roadway and a 4-foot sidewalk on the opposite side. B. Scope Services to be provided for the project under this Agreement include design survey, base mapping, soil borings and geotechnical engineering, the further refinement of existing design alternatives, preparation ora concept statement, cultural resource reviews, preliminary design and drainage study analysis, environmental documentation, final design, preparation of plans in a format suitable for letting and construction-related services. The two RCB culverts will be packaged in a single construction contract and will be let through the Iowa DOT. The roadway project will be prepared as a separate construction project, in a format to be let by the City of Iowa City. The scope of services is defined as follows: I. Survey and Base Mapping Task 1. Field Reconnaissance. This task includes review of the project corridor in the field. The purpose of this review will be to become more familiar with features in the corridor and examine the current preferred alignment. Photos of the corridor will be taken during the field review. Task 2. Property Owner Contacts. Property owners will be contacted by telephone prior to initiating survey activities on their property. A log of property owner contacts will be kept. Task 3. Survey and Base Mapping. This task includes field surveys and base mapping which are required during the design phase of the project. Aerial planime~¢ mapping and digital terrain modeling has already been completed by Aerial Services, Inc., utilizing the flight flown in the spring of 2001. Supplemental surveys will be needed for this project. The following specific tasks are included: Task 3a - Supplemental Design Survey. Additional design survey will be obtained for driveways, drainageways, side road connections, airport facilities and other features which are not picked up on the aerial mapping or wherever accuracy of data is critical. Task 3b - Locate Soil Borings. Soil borings will be located in the field, tied into the baseline and surface elevations will be obtained. Task 3c - Property Corner Surveys. Selected property comers will be obtained in the field, as needed, to determine existing right-of-way lines. Existing property lines will be drawn on the base mapping. Task 3d - Utility Surveys. Utility accesses will be opened and measured in the field. Utilities to be researched include field tiles (where records are available from property owners), sanitary sewer, storm sewer, electric, gas, water, telephone, cable television and fiber optic lines. Task 4. Survey Note Reduction and Base Mapping D~,t,. This task consists of entering the new topographic features and digital terrain model (DT1V0'into the computer-aided design and drafting (CADD) system and obtaining a set of plots. The additional survey data will be merged into the digital aerial mapping obtained for this project. Cross sections will be plotted from the DTM. Property lines and owners names, as determined from Johnson County Auditor's records, will be plotted on the base map. Existing utilities and existing utility easements will be plotted from utility records and courthouse records, and from above-ground features located in the field. II. Preliminary Design and Drainage Study Task 5. Drainage Study. This task consists of reviewing the February, 2001, drainage study .prepared for the City by Shive-Hattery and evaluating possible changes in the recommended drainage improvements for this project. It is anticipated that this task will include a review of the sizes and alignments of the two box culverts and recommendations for any changes to the previous concept. Task 6. Concept Statement. This task consists of preparing a Concept Statement in standard Iowa DOT format. Task 7. Typical Cross Section. This task will establish the typical cross section to be used for thc proposed improvements. Thc following apply: Pavement will be 41 feet wide (back-of-curb to back-of-curb) in a 100-foot wide right-of-way. · The location and limits of additional turn lanes will be determined. · Additional areas needed for grading will be shown as temporary easements. · Project includes an 8-foot wide sidewalk on one side and a future 4-foot wide sidewalk on the opposite side. -3- Task 18. Quality Control Review. This task consists cfa quality control review of the plans by a Senior Project Reviewer prior to submittal to the City of Iowa City and the Iowa DOT. Task 19. Submittals. This task consists of printing and submitting intermediate drawings to the City of Iowa City, the Iowa DOT and other reviewing agencies. III. Final Design - Road Plans Tasks 20 - 39. Final Design of Mormon Trek Boulevard Plans. These tasks lead to the preparation and submittal of final plans, specifications and contract documents for the Mormon Trek Boulevard roadway plans. The construction plans will include the following items: Task 20. Title Sheet Task 21. Typical Cross Sections and Details Task 22. General Notes and Estimate Reference Information Task 23. Tabulations, Quantities and Estimate Task 24. Plan and Profile Sheets (1"=50' Scale) Task 25. Storm Sewer and Utility Sheets Task 26. Traffic Control and Staging Plans Task 27. Intersection Details (Two Intersections) Task 28. Lightin~ and Traffic Signal Details. (This task is not included in the basic scope, but will be added by supplemental agreement if required. Task 29. Signing and Pavement Marking Plans Task 30. Earthwork Design and Tabulation Task 31. Design Cross Sections Task 32. Miscellaneous Sheets Task 33. Details for Relocation of Non-Directional Beacon Exclusions to Final Design. The following design elements are not anticipated for the project and are not included in the scope: · Lighting Design · Traffic Signal Design Task 34. CRANDIC Railroad Coordination. This task includes coordination with the CRANDIC Railroad for the proposed box culvert crossing east of Iowa 921 and providing information required for the railroad agreement. The actual railroad agreement will be developed by the City and the railroad. -5- Task 35. Geotechnical Engineering. This task includes the field soil borings, lab testing, engineering analysis and final report as needed to provide the final soils engineering and recommendations for the new road construction. This task will be completed by Terracon Consultants, Inc. The scope of services includes coordination and exchange of information with the subconsultant and incorporation of the geotechnical information into the plan set. Task 36. Ouality Control Review. This task consists of a quality control review of the plans by the senior staffengineers prior to submittal to the Owner. Task 37. Final Revisions and Estimate. This task includes final revisions of the design drawings, along with a final estimate of construction cost. Task 38. Write Contract Documents and Specifications. This task consists of writing and producing the project manual consisting of the contract documents, general conditions, special provisions and technical specifications. The project manual will be prepared in a format suitable for letting by the City of Iowa City. It is anticipated that the standard general conditions and technical specifications from the City of Iowa City will be utilized for this project and incorporated into the project manual. Task 39. Printing and Submittals. This task consists of printing and submitting 25 copies of the final plans and specifications. It is anticipated that the distribution of plans and specifications to potential bidders will be completed by the City. IV. Final Design - RCB Cnlverts Tasks 40 - 51. Final Design of RCB Culvert Plan~ These tasks lead to the preparation and submittal of final plans for the RCB culvert construction. The construction plans will include the following items: Task 40. Title Sheet Task 41. General Notes and Estimate Reference Information Task 42. Tabulations, Quantities and Esfimate Task 43. Traffic Control and Staging Plan~ Task 44. Final Design, RCB Culvert No. I. Multiple reinforced concrete box culvert near the west end of the airport property. It is anticipated that this culvert will be a standard DOT design or a precast design option. Task 45. Final Design, RCB Culvert No. 2. Multiple reinforced concrete box culvert between Iowa 921 and Riverside Drive. It is anticipated that this culvert will include two end sections, approximately 850 feet of RCB culvert barrel and three bends. It is anticipated that the CRANDIC Railroad will be temporarily closed during the construction of this RCB culvert. Task 46. Railroad Removal and Replacement Details Task 47. Miscellaneous Detail Sheets Exclusions to Final Design. The following design elements are not anticipated for the project and are not included in the scope: -6- · Construction Under Traffic on CRANDIC Railroad · Hazardous Waste Investigation/Design · Final Roadway Design Task 48. Quality Control Review. This task consists of a quality control review of the plans by the senior staff engineers prior to submittal to the Owner. Task 49. Final Revisions and Estimate. This task includes final revisions of the design drawings, along with a final estimate of construction cost. Task 50. Special Provisions. This task consists of preparing special provisions for construction in the CRANDIC Railroad right-of-way. It is not anticipated that any other special provisions or supplemental specifications will be required for the project. If needed, this task will be added by supplemental agreement. Task 51. Printing and Submittals. This task includes printing and submittal of intermediate and final construction plans and other documents. Final construction plans will be original electrostatic plotter plots on mylar and will become the property of the City. The Consultant will also submit to the City electronic files of contract documents in Auto CADD format. It is anticipated that half-size plans will be provided for the Iowa DOT letting and ten (10) copies of full-size plans will be provided to the City for construction. V. Environmental Clearance This scope is based on the preparation of a Categorical Exclusion document, a programmatic Section 4(1) Statement and a Section 404 Permit. This scope does not include the production of an Environmental Impact Statement, Environmental Assessment or other environmental studies. Task 52. Categorical Exclusion. It is anticipated that environmental clearance for this project will be granted upon submittal of a Categorical Exclusion (CE) document. This task includes preparation and submittal of the CE document and related coordination with Iowa DOT and FHWA. Task 53. Programmatic Section 4(f} Statement. A portion of this project will affect a Section 4(f) property, Meskwaki Park. It is anticipated that the clearance for this project will be obtained by means of a Programmatic Section 4(I) Statement. This task includes coordination with Iowa DOT, FHWA and other agencies, and preparing the Programmatic Section 4(1) Statement. Task 54. Cultural Resources Survey. This task, consisting of a Phase I Archaeological Survey, will be completed by a subconsultant, Bear Creek Archeology. The scope of services includes coordination and exchange of information with the subconsultant. Task 55. Wetland Boundary Delineation. The project wetland scientist, using the currently approved methods as defined in the 1987 Corps of Engineers Wetland Delineation Manual, will -7- conduct an on-site delineation of existing wetlands at the project site. This work will include a field assessment of surface hydrology, observations of soil redoximorphic features and a plant community characterization. Wetland boundaries identified in the field will be mapped using a Global Positioning System (GPS). The GPS data will be transferred to aerial photography. Impacts on other Waters of the U.S. will also be determined. Task 56. Wetland Delineation Report. A report of the wetland findings will be prepared and will be suitable for submittal to the Corps of Engineers as part of a Section 404 Permit application. The report will include data and documentation required by the Corps of Engineers, including aerial photographs showing wetland boundaries, data sheets for sampling locations and a description of methods used. Final delineation of wetland boundaries will be indicated on aerial photography. Impacts on other Waters of the U.S. will also be described. Task 57. Section 404 Permit Application. This task includes preparation and submittal of a completed Section 404 Permit application to the U.S. Army Corps of Engineers. The permit application will include all data and documentation by the Corps of Engineers. VI. Right-of-Way Activities Task 58. Final Right-of-Way Desi~,n. This task consists of determining the final right-of-way needs for the project. Included are dimensions of any new right-of-way acquisition and any anticipated permanent and temporary easements required from the various abutting properties. Task 59. Reports of Lien~, A "Report of Liens" or Abstract Report for affected properties is not included in this scope but will be obtained by the City if required by the right-of-way acquisition agents. Task 60. Right-of-Way Documentn, This task will consist of preparing plats and descriptions for the acquisition of right-of-way and easements. The number of parcels under this task is estimated to be four (4). Additional parcels, if required, will be completed as a supplement to this Agreement. Task 61. Environmental Property Assessments. Any work related to underground storage tanks or other environmental review of properties which is determined to be necessary during the course of the project will be considered a supplemental service to this Agreement. Task 62. Right-of-Way Stakino. This task will consist of locating and staking new property comers and easement boundaries in the field, including the setting of property pins at new comers, which are located beyond the construction limits. Property pins which fall within the limits of construction will not be set under this task. Task 63. Right-of-Way Field Exam. The Consultant will provide two representatives at a right-of- way field exam to be coordinated with the City ofinwa City and the Iowa DOT as appropriate. Plans will be provided by the Consultant. -8- Task 64. Right-of-Way Acquisition. The following right-of-way acquisition tasks are not included in this scope but will be added by supplemental agreement if requested by the City. · Appraisal · Negotiation · Offers Closing · Legal · Condemnation Activities · Relocation Assistance VII. Project Management, Meetings and Coordination Task 65. Proiect Meetings and Coordination With the City of Iowa City. This task consists of preparation for and attendance at meetings throughout the project by members of the project team. Included in this task are one predesign meeting and periodic review meetings to be held with the City of Iowa City and/or other agencies. Minutes of each meeting will be prepared. Public informational meetings are not included in this task. Task 66. Pre-Letting Activities. This task includes providing information and answering questions from Contractors prior to the letting. Task 67. Proiect Administration. This task includes project administration and coordination throughout the project development. The task includes intm office meetings, which will be attended by the project team, as well as general day-to-day administrative tasks and typing of intra office memoranda. Task 68. Agency Coordination. This task includes coordination with the Iowa DOT, JCCOG, FHWA, other regulatory agencies, utility companies and the City of Iowa City. Task 69. Progress Reports. This task consists of the preparation and submittal of written monthly reports regarding the progress of the project. Monthly reports will indicate the progress of the work completed on a percentage basis. Task 70. Iowa City Airport Coordination. This task includes the coordination and exchange of information with the Iowa City Airport, related to construction on the airport property. Two coordination meetings with airport staff or Commission are included. -9- VIII. Public Involvement A significant amount of public involvement has already been completed as part of the previous project development. It is anticipated that this project will not require an additional comprehensive public involvement program. This scope includes the following specific public involvement activities: Task 71. Property Owner Meetings. This task includes scheduled meetings with individual property owners or small neighborhood groups. A total of two (2) meetings are included in this task. Task 72. Pnblic Information Meeting. A formal Public Informational Meeting is not anticipated, but will be added by Supplemental Agreement if requested by the City. Task 73. Design Public Itearine. A formal Design Public Hearing is not anhcipated but will be added by Supplemental Agreement if requested by the City. IX. Construction Services Construction services after the bid opening, such as construction staking, materials testing, on-site review and conh'act and administration, arc not included in the basic scope of services but will be added by supplemental agreement if requested by the City. Schedule Survey and Preliminary Design November 2003 - January 2004 Environmental Clearance November 2003 - March 2004 Right-of-Way Design February 2004 Final Design (August 2004 Letting) February 2004 - June 2004 PART H CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish Earth Tech available information needed for the Project, all of which Earth Tech may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. -10- C. DECISIONS Provide all criteria and full information as to Client requirements for the Project, obtain (with Earth Tcch's assistance, if applicable) necessary approvals, attend Project-related meetings, provide interim reviews on an agreed-upun schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. PART HI COMPENSATION, BILLING~ AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The compensation for the services shall be a not-to-exceed amount of Two Hundred Eighty-One Thousand Dollars ($281,000.00) without authorization of the Client. Proposed budget is provided in Parts VI and VII. B. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible Earth Tech's actual costs may exceed those shown in Paragraph I~I.A and Part VII. A contingency amount of Twelve Thousand Dollars ($12,000.00) has been established to provide for actual costs, which exceed those estimated. If, at any time during the work, Earth Tech determines its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Client in writing and describe what costs are causing the overnm and the reason. Earth Tech shall not exceed the estimated actual costs without the prior written approval of the Client. C. Earth Tech may bill the Client monthly for services completed at the time of billing, with net payment due in 20 days. Past-due balances shall be subject to a service charge at the rate of 1% per month per request by Earth Tech. Unless Client provides Earth Tech with a written statement of any objection to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. D. Earth Tech's total liability to the Client defined in Article 12 of Part 1V shall not exceed Five Hundred Thousand Dollars ($500,000.00) at no additional cost to the Client. L:\work~DMIN~AG REE~PROI~Mormon TrekPhll.d oc -11- PART 1V STANDARD TERMS AND CONDITIONS I. STANDARD OF CARE. Services shall be perforated in accordance with PART V General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. B. Should the City terminate the Agreement, the Consultant shall be paid on the basis of work and services performed up to the time of terrnination. However, such sums shall not be greater than the "not to exceed" amount listed in Part III. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns oftbe parties hereto, provided that no assignment shall be made without the written consent of all parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and not as an employee; shall be exclusive with the Consultant executing this Agreement; and the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by Consultant for the Project shall be made available by said City upon reasonable request from the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal or local law or any of the ordinances of the City of Iowa City, Iowa. G. Bob Lentz or Tony Peterson, employees of the Consultant, shall attend such meetings of the City relative to the work set forth in this Agreement, at the request of the City. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications and drawings with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contact drawings shall become the property of the City. If applicable, the Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5 L:\WORK~ADM IN~AGR EE~SAVE\ICGTC.WP PART VI FEE SCHEDULE EFFECTiVE JANUARY 1, 2003 Classification Hourly Rate Range Senior Professional $120.00 $205.00 Project Professional $75.00 $145.00 StaffProfessional $60.00 $100.00 Professional $35.00 $75.00 CADD Operator II $45.00 $80.00 CADD Operator I $25.00 $55.00 Technician $20.00 $100.00 Project Support $30.00 $60.00 Direct Expenses: Subconsultants At Cost Computer Technology Included in Above Rates Copies $0.06/Sheet Blueprinting $0.50/Sheet Sepia Mylar $5.00/Sheet Sepia Vellum $2.70/Sheet Troxler Density Meter $8.00/Test Geodimeter $12.50/Hour Mileage IRS Rate (Present $0.36) Sheet Size 24x36 Approximate Meals, lodging, car rentals, air travel and some other expenses are invoiced at cost. Specialized equipment and laboratory rates are available for applicable projects. Method of compensation can be adjusted to client needs~ Previous methods used include: lump sum, percentage of construction, hourly rates and direct expenses, classification rates and cost plus fixed fee. Services normally not charged to long-term clients: attendance at Council meetings, cost estimate preparation for grant applications, storage and retrieval of original documents on past projects, general miscellaneous requests, general questions, and coordination with regulatory and funding agencies. If you have any questions, please contact Joe Becket at 319-232-6531 or 1-800-772-2028 (in-state WATS). L:\WO RK~ADMIN~TRN S CR~MISC~SAVE~2003 Fee.doc 10/31/2003 Page 1 Part VII Iowa CH:y, Iowa Mormon Trek Boulevard Extensio~ Phase II STAFF HOUR ESTIMATE CADO CADD Word Proc./ Senior Project Staff Operator Operator Project DescripUo~ of Work Prof. Prof. Prof. II I Tecfl. Admio. Total 1_ _ F_!eld~ R...e~_ ._n.a_i~ss~_ n_.~ ......................... _~6 ........ 6_. ............ 12 ..... .2__._ P_r_o.~ _o~_ _er Con~____ ................................................................... ~4 ..~ _ ~ u ~_~ _~._ @_a ~_ _M~_.~.p_in~ ................................................. .... _a:__A_uA~__~e__~n Su~ ............................................................. _~§_ __4L ...... _b.~.__~.__o~_t~ S~._'LBon~s~ ~ 2 ___~=_._~__r~ Comer Surve**.vs .............................................. 4__8_ 48 ...... _d..__ U_~tilj~y_S u?~_~_ ...... 24 2_4__ ._-4_.~u~_N_ot_e__Reductio~ & Base Ma]~_..n_g Da~__ 4__ ~_6 __ 20__ Subtotal 6 6 4 16 0 136 0 168 ;ll._P_~!m_ i_na~,~a~e S~tudy_ .... 6 Concept Statement --__ 2 4 ~! Cross Section 4 --- 6 8 P~a_n~& _Pro~l~ ...... -~ 8 t~ 8 36 9._~__~n Cross ~ -- 4 ........ 10 Intersection Details 4 12 11 Prelimioa Dr'J~a_j~De~L ...... 2 ..... t4 12 Prelimina~/Structures Des~.n. 40 64 5( .... 160 13 Earthwork Desi~q~. ..... ~4. ............... 8 14 Traffic Control & Staging Ptans __6 .......... 4 ........... 12~ 15 Prelimtoar~f Q uantitles & Estimate 4 12 ._16-- Prelimina~z__Des~_n,_lA 921 to Rivecside Drive .......... 24 -- 16 44 17 Field Exam 8 24 18 Qu~ Control Review 4 ..... 12 t9 Subm~tals 4 4 --4 12 Subtotal 24 138 148 106 16 0 4 436 ?_._FLna_l._De__s.s.s.s.s.s.s.s.s~,_Mormon Trek Bouie_v_a_r~__P.l.a_n_s ........................................ 20 Title Sheet .... ...... ___-4 ....................... 2~1 T_~ical Cross Sections & Details ........... _4 ............ 8 -- -- 20 22 Generel Notes & Estimate R~nce Info~rnaflon 8 8 ........ 16 .2_3~Ta~ _~l_a~_ns.~Q ~.ntities &~Esti~_~ ............. .... 3,~ ............... 1--6 .......... --8 ........... 56 24 Plar~_~t_P~mfiles~_'~"~=50_'__Sc~!.e~ 41 16 4~ --- 48 116 __2.5_ s _ _{~r~n_ _ _S_ ~e~,~._& U tili~ Sheet s 4! 16 4~ 48 116 26 TraffiC Control and Stagi_n~ Plans ......... *-~ ---...~-1~ ~---..~~_ *~.-._~8 .................. ..~_7_ _lnJL~ ..~ n Det ail_s 2L~te_Lsg~_ _'~6-) ...................... ___8. .................... 1~ .... .............. 28 ~_9_ _ s~g_n?~ g_&_ _P_a ve___m. ~nt~M. a_ ~ ~_9. _Pl_a_n s~ ........................................................................ ~8 ........................... 16 ~_!__Desj~n C_r_~_s _ .S~'ti_ 'o~s .................................................................................. J_2. ........................................................ ?-4_ _3.-2,_ _M~s_~ ~eo_u_s She~_~ .................................................. _~ ............... --~..I ........... ~-6. ................................................ 40 _3_3_ __N_o~_~ _D_~_o_n._a~. ~__~ ~__eL_o~_.!Lo~ .................................. _2 .......... ...2.~ ........... *~_! ........... ~_~ ............................................ ................................... 34 CRANDIC Railroad Coordination .......................... ~8 ................~ ..................... ~4~ ................................................................. 20 ._3 .s_ ~mta~._ ~ ~LE_n~.~ ~_..~ .......................................................... _2............................. _4....................................................... _~_ ~ _C~p~Z~_~:_o_n_ .~_. r~? y!~ ............................................................. ~ ........... ~ ................................................................................................ 2_.4._ 37 Final Revisions & Estimate ....................................................... j_6 ................................... _24_ ............................................... ,~L~t__e.._Con__~..~ ...~_. ~_e~._~ ~_._d__S _p~_'_r~_ti_o~5- ................... 4_ ............. _2.4. ......................................................................................... ~2 ~-- 4_0__ Subtotal 32 170 214 236 40 0 20 712 10/31/2003 Page 2 Part VII Iowa City, Iowa Mormon Trek Boulevard Extension Phase ti STAFF HOUR ESllMATE CADD CA. DO Word Proc./ Senior Project Staff Operator Operator Project Descdotion of Work Prot. Prof, Prof. II I Tech. ,N:lmin. Total IV. Final De~n, RCB Culvert Plans 40 Title Sheet ......................... 2 41 General Notes & Estimate Reference Information 42 Tabulations~ Quantities & Estimate .......................... 8 .... _1~ ...... 8_ ....................... 2_§.._ 43 Traffic Control and Sta~n~ Plans 2 8 18 44 R C B Culvert Desig_n~N~)..~t .................................... 2__0 .... 120 gE .............................. ~_3~.__ 46 Railroad Removal and Replacement Details 8 ...... ~4_ ..... 20 _2~4 ......... 7~6_ 47 M~scellaneous Sheets ........... ~4 8 ......... 20 48 Q~uali~ Control Review ..... ~8 ........ 1.2_ .................... 20 49 Final Revisions &Estirnate _8 1_~_ ._ 24_. _5_0._~SEecial Provisions ........ ~8 ------ 4 12 51 P~nting & Submittals ......... 2 8 4 14 Subtotal 18 ~34 398 376 24 0 8 '--g58 V. Environmental Clearance ~5:~. ~P _ro~_ _r_am m a tic Section 4(~f) Statement .__ 4 ........ .~.. 4 4 68 56 Wetland Delineation R_.eport 16 8 16 ..... 6 46 V~c~ivities 58 Final Right-of-Way Desig.n***~. __ 2 4 4 ---- 10 61 Environmental Pro~ Assessments 0 Subtotal 2 12 16 44 8 24 0 106 65 _Pro.~e~ff~ Meeti_n~s & CO~rdi~tion wffh CYc~ 32 32 ................................. ~ ........ '~- 66 Pre-Lettin~ Activities 4 16 8 67 P~ Administration 4 32 ................................................ Subtotal 56 fl2 t6 0 0 0 48 232-- 10/31/2003 Page 3 Part VII Iowa City, Iowa Mormon Trek Boulevard Extension Phase II STAFF HOUR ESTIMATE CADD CADD Wo~d Proc./ Senio~ Project Staff Operato~ Operator Project Desc~iptior~ of Wo~ Prof. Prof. Prof. II I Tech. Admin. Total Viii. PubiC; Involvement _ 7 l_~P.rojf~.r~ Ow____ner~ ._Mee_ t?.~s_ ........................ ~16 ............................... 2: 30 __7.2_~P~ub~ic I n f o ~.~_a fl o n.. _Nt~e~ ~fl n~n~ ............................................................ _73_~_s~n_P~u~i_c.__H._e~H_n.g ................................................................ 0 Subtotal 8 16 0 4 0 0 2 30 TotalHours 154 752 812 830 88 t60 96 21892 Estimated Labor Costs $257,500.00 Estimated Expenses $5OO.00 Terraco~ $19,5oo.00 Bear Creek Archeology, Inc. $3.500.00 Estimated Subconsultants $23,0oo,00 Estimated Total Costs $281 ,C~O.00 Contingency $12,000.00 Ma.~mum Amount Payable $293,000.00 Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 03-364 RESOLUTION ESTABLISHING AN ADMINISTRATIVE FEE FOR PROVIDING SIDEWALK REPAIR BY CONTRACT. WHEREAS, the Engineering Division inspects and marks sidewalks in need of repair in connection with its Sidewalk Inspection Program and on a complaint basis; and WHEREAS, property owners are notified of the need to repair their sidewalk and given an adequate amount of time to accomplish repairs; and WHEREAS, the Engineering Division periodically hires a contractor to repair sidewalk which has not been repaired by the property owner within the time allotted; and WHEREAS, a fee is necessary to offset the administrative costs of providing sidewalk repair by contract. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following fees are hereby established effective January 1, 2004: The charge for administration fee for providing sidewalk repair by contract shall be $25.00 per property. Passed and approved this 25th dayof November ,20 03 CITY'CLERK ' - - It was moved by Vanderhoef and seconded by Wil burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/res/s~dewalkfee doc Prepared by: Johnson, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION iLISHING AN ADMINISTRATIVE FEE FOR SIDEWALK REPAIR i CONTRACT, WHEREAS, the Engineering ision inspects and marks sidewalks need of repair in connection with its Sidewalk Ir "am and on a coml: and WHEREAS, property owners are tied of the need to repair th. sidewalk and given an adequate amount of time to accom and WHEREAS, the Engineering Division ically hires a repair sidewalk which has not been repaired by the property ~ the time allotted; an( WHEREAS, a fee is necessary to offset the ministrative providing sidewalk repair by contract. NOW, THEREFORE, BE IT RESOLVED BY CITY OF THE CITY OF IOWA CITY, IOWA, THAT: The following fees are hereby established effective Ja 2004: The charge for administration fee for repair by contract shall be 10% of the cost of repairs. Passed and approved this ~ ,20. .. CITY CLERK '(~i{y A~'torl~y's Office It was moved by __ and seconded by ~ the Resolution be adopted, and upon roll call there AYES: NAYS: ABSENT: Champior~ Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pw~ng/res/sidewalk fee.doc ~__,2003 The City Council of Iowa City, Iowa, met in s peci a 1 session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion, Kanner, Lehman, O'Donnell Vanderhoef, Wilburn Absent: Pfab -1- Council Member Champion moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member 0' Donnel 1 seconded the motion. The roll was called and the vote was, AYES: Champion. Kanner, Lehman. O'Donnell, Vanderhoef} Wilburn NAYS: None Council Member Champi on moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AYES: Champion, Kanner. Lehman. O'Donnell. Vanderhoef. Witburn NAYS: None Council Member 0' Oonnel l introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Vanderhoef seconded the motion to adopt, and the roll being called thereon, the vote was as follows: -2- AYES: Wilburn, Champion, Kanner, Lehman, 0'Donnell, Vanderhoef NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 03-365 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,570,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS 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 and streets; the construction, improvement, and repair of bridges; the construction of sanitary sewers and storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; and the equipping of the fire, police and street departments, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $3,925,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, the Issuer is in need of funds to pay costs of targeted area housing rehabilitation improvements; improvements to Fire Station No. 4; and the acquisition of art for public buildings and areas, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the mount of $360,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of equipping and remodeling of city buildings, offices and recreation centers, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $585,000 be issued for said purpose; and -3- WHEREAS, the Issuer is in need of funds to pay costs of the acquisition and construction of a transit intermodal facility, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $700,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not mom than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meetings and hearings upon the proposal to institute proceedings for the issuance of bonds 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 thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 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 Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. · "Bond Fund" shall mean the fund created in Section 3 of this Resolution. -4- "Bonds" shall mean $5,570,000 General Obligation Bonds, Series 2003, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor norninee of DTC with respect to the Bonds. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds 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 Bonds. "Issuer" and "City" shall mean the City of Iowa City, Iowa. · "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds 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 Bonds as the same shall become due. "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "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 carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. -5- "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file at DTC. · "Resolution" shall mean this resolution authorizing the Bonds. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. 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 Bonds 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 Iowa City, Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $804 624 2004/2005 $721 970 2005/2006 $712 845 2006/2007 $708 025 2007/2008 $700 625 2008/2009 $596 450 2009/2010 $599 785 2010/2011 $597 460 2011/2012 $599 640 2012/2013 $600 880 2013/2014 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1,2003, will be collected during the fiscal year commencing July 1, 2004). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and -6- said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 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 Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time 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 3. Bond Fund. Said tax shall be 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 BOND FUND 2003 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds 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 Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2003 (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 -7- 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, 2003, 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 Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $5,570,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated December 15, 2003, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2004, and semiannually thereafier on the 1st day of December and June in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the 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 Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate. Amount June 1st 2.50% $555,000 2005 2.50% $565,000 2006 2.60% $570,000 2007 3.00% $580,000 2008 3.25% $590,000 2009 3.30% $505,000 2010 3.30% $525,000 2011 3.30% $540,000 2012 3.35% $560,000 2013 3.60% $580,000 2014 -8- (b) Redemption. Bonds maturing after June 1, 2012, 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 Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds 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 bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond 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 Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, 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 Bonds, (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 Bonds, (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 -9- the Bonds, 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 Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder 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 Bonds only to or upon the order of the Bondholders 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 Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, 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 Bonds 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 Bonds, 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 Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds 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 Bonds, -10- (ii) registration and transfer of interests in Depository Bonds 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 Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, 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 Bond, 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 Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and -11- regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds 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 Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is retumed to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. 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 Bonds 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 bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence -12- satisfactory to the Registrar and Issuer that such Bond 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 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, 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 Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery_ of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. 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 bondholder. -13- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I ko) I I to) I I (7) I I (8) ] I (1) I I t2) I I t3) I I 14) I I t5) I (9) I (ga> I (10) (Continued on the back of mis Bona) FIGURE 1 (Front) -14- Oo) (Continued) FIGURE 2 (Back) -15- The text of the Bonds 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 BOND" "CORPORATE PURPOSE" "SERIES 2003" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: December 15, 2003 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, 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 herein~tfter 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 June 1, 2004, and semiannually thereafter on the 1st day of December and June in each year. Interest and principal shall be paid to the registered holder of the Bond 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 ora 360-day year of twelve 30-day months. -16- This Bond is issued pursuant to the provisions of Section 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 and streets; the construction, improvement, and repair of bridges; the construction of sanitary sewers and storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of the fire, police and street departments; targeted area housing rehabilitation improvements; improvements to Fire Station No. 4; the acquisition of art for public buildings and areas; equipping and remodeling of city buildings, offices and recreation centers; and the acquisition and construction of a transit intermodal facility, in conformity to a Resolution of the Council of said City duly passed and approved. 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 entity 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. Bonds maturing after June 1, 2012, 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 Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds 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 bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond 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 -17- occur only upon presentation and surrender of this Bond 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 bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. 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 Bond, 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 Bond 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 Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond 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 Bonds 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 -18- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor ATTEST: By: (facsimile signature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (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 bond(s) in every particular without alteration or -19- 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* Corporation Partnership Trust *If the Bond 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 Bond, 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 right of survivorship and not as tenants in conllTlon IA UNIF TRANS MIN ACT - . ........... Custodian ............ (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. -20- Section 15. 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 Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds 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 Bonds 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 Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severabili_tyClause. 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 Bonds 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 Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from -21- 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 Bonds; (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 Bonds; (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 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Oualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 25th day of November , 2003. ~ Mayor ATTEST: Cit~lerk 390069\1\10714080 -22-