HomeMy WebLinkAbout1997-09-23 Resolution Council Member Lehman introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted.
Council Member Thornberry seconded the motion to adopt. The roll was
called and the vote was,
AYES: Baker, Kubby, Lehman, Norton Novick,
Thornberry, Vanderhoef'
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 97-312
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF $5,540,000
GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa,
should issue General Obligation Bonds to the amount of $5,540,000, as authorized by
Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs
of carrying out an essential corporate purpose project as hereinafter described; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections from any resident or
property owner of said City to such action;
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Council Chambers, Civic Center, 410
East Washington Street, Iowa City, Iowa, at 7:00 o'clock P.M., on the 23rd day of
September ,1997, for the purpose of taking action on the matter of the
issuance of $5,540,000 General Obligation Bonds for an essential corporate purpose of
said City, the proceeds of which bonds w..ill be used to provide funds to pay costs of
· improvements and extensions to the Municipal Water Utility.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
-3-
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
$5,540,000 GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL CORPORATE
PURPOSE)' OF SAID CITY, AND THE
HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public hearing on the 7th day of October, 1997,
at 7:00 o'clock P.M., in the Council Chambers,
Civic Center, 410 East Washington Street, Iowa
City, Iowa, at which meeting the Council
proposes to take additional action for the
issuance of $5,540,000 General Obligation
Bonds for an essential corporate purpose of said
City, in order to provide funds to pay costs of
improvements and extensions to the Municipal
Water Utility.
At the above meeting the Council shall
receive oral or written objections from any
resident or property owner of said City, to the
above action. After all objections have been
received and considered, the Council will at this
meeting or at any adjournment thereof, take
additional action for the issuance of said bonds
or will abandon the proposal to issue said bonds.
This notice is given by order of the Council
of Iowa City, Iowa, as provided by Section
384.25 of the City Code of Iowa.
Dated the 30th day of September ,1997.
City Clerk of Iowa City, Iowa
- (End or Nu[ice)
-r~n o d n'Abu nd13(~,. d oc
PASSED AND APPROVED this 23rd day of September ,1997.
ATTEST:
Mayor
PGOODRICXI06210\1\10714044
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CITY OF I0 WA CITY
Finance
Department
Memo
Date:
To:
From:
Re:
September 18,1997
City Council and City Manage'~ ~
Don Yucuis, Finance Director
City of Iowa City, General Obligation Bo'hd Issue to pay for Water related projects.
The City Council approved a resolution on April 8, 1997 that authorized staff to
proceed on behalf of the City with the sale of up to $8.5 million of Water Revenue Bonds.
Chuck Schmadeke and I have re-evaluated all the water projects and recommend a slightly
different time frame for completing those projects. This has reduced the size of the issue
from $8.5 million down to $5.54 million. Due to the smaller size of the issue ($5.54
million), a General Obligation (GO) bond issue is preferable rather than a revenue bond
issue. GO bonds normally have a better interest rate than revenue bonds and they do
not require a one year debt service reserve. If revenue bonds were issued, the size of the
issue would be approximately $6.1 million. Attached is a summary of the water projects
that have been funded and those projects that need to be funded in the future.
By changing to a GO bond issue rather than a revenue bond issue, a public hearing
is required and the City Council will be presented with a resolution authorizing staff to take
additional action to issue the bonds. The tentative schedule is as follows:
September 23
Formal City Council meeting. Resolution setting a public hearing for
October 7.
October 7
Public hearing and resolution instituting proceedings to
take additional action for the issuance of not to exceed $5.54 million
General Obligation Bonds.
October 21
Bond Sale. Resolution directing sale.
November 4
Approve Tax Exempt Certificate, Form of Continuing Disclosure and
Final Resolution to issue bonds.
November 11 Bond closing.
City of Iowa City
Summary of completed Water Projects and schedule of future projects.
t 994/1996
Grand and 1996 GO
Totals Bond Issues
Water Main-Madison St- Jefferson to
1 Burlington 112,950
Water Main-Mormon Trek to
2 West Side of 18 109,626
3 Miscellaneous Costs 12,949
4 Engineering & Management Services 3,149,441
5 Land Acquisition 4,608,155
6 Silurian Wells-Lower Terminus 451,787
7 Jordan Well 363,447
8 Reservoirs Renovation 752,373
9 Raw Water Piping 896,332
10 Iowa River Dam Improvements 1,163,500
11 Silurian Wells Lower Terminus 3 & 4 182,872
12 Williams Bros Gas Pipeline 863,231
13 Pond Stabilization Work 30,000
14 Wellhouses: Jordan/Silurian 807,255
15 Site Development-Phase I 5,130,000
Water Main- Phase II
16 (Dubuque Rd to Rochester) 1,367,000
17 Site Development-Phase II 2,007,200
Water Main - Phase II1 ( Peninsula
18 to Dubuque Rd.) 2,846,688
Water Main - Phase IV (Iowa River
19 to Emerald) 1,483,872
Collector Wells CW-1, 2, 3, 4 & Sand
20 Pit Pump Station (Lower Terminus 2,812,160
Collector Wells CW-1, 2, 3, 4 & Sand
21 Pit Pump Station (Upper Terminus 1,081,600
22 New Treatment Plant 31,621,277
Existing Water Plant Demolition &
23 Booster Station 2,118,193
112,950
109,626
12,949
3,087,925
4,608,155
401,628
363,447
712,950
70,810
63,500
159,223
840,775
30,000
807,255
Subtotal 63,971,908
24 Issuance Costs 306,919
25 Bond Discount 464,236
One Year Debt Service Reserve
26 (20year 7% level debt) 3,603,650
27 Subtotal 68,346,713
Less Cash (13,118,193)
Grand Total 55,228,520
11,381,192
32,329
11,413,521
11,413,521
*'1999 to 2002 includes 4% per year inflation
1997
Bond Issue
61,516
50,159
39,423
825,523
1,100,000
23,650
22,456
(o)
1,965,500
1,367,000
1998
BondIssue
3,164,500
2,007,200
2,846,688
1,483,872
1999 2000
Bond Issue Bond Issue
2,812,160
1,081,600
31,621,277
5,455,227 9,502,260 3,893,760 31,621,277
33,240 74,900 27,250 139,200
51,533 122,190 40,990 249,523
1,000,650 413,000 2,190,000
10,700,000 4,375,000I 34,200,000
1(11,ooo,ooo)
10,700,000 4,375,000 23,200,000
Water Water Water
Revenue Revenue Revenue
BondIssue Bondlssue Bond issue
5,540,000
5,540,000
General
Obligation
BondIssue
2001
BondIssue
2002
Bond Issue
2,118,193
2,118,193
2,118,193
(2,118,193)
C:~Watsew~ Water Proj 97 Bond Issue.xls~ Summary All Projects 9/17/97
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF
$5,540,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON
THE ISSUANCE THEREOF
PUBLIC
will hold a public
o'clock __.M.,
Street, Iowa City, Iowa, at
for the issuance of $5
purpose of said City, in order
extensions to the Municipal
on the day of
Council Chambers, Civic Center, 410
meeting the Council proposes to
Obligation Bonds for an es~
funds to pay costs
Utility.
is hereby given that the Council of the City of Iowa City, Iowa,
,1 at
gton
action
corporate
and
At the above meeting the
resident or property owner of said to the above
been received and considered, the
thereof, take additional action for the is
to issue said bonds.
shall receive or written objections from any
After all objections have
will at meeting or at any adjournment
~.aid bonds or will abandon the proposal
This notice is given by order
Section 384.25 of the City Code
Dated this day o
of Iowa City, Iowa, as provided by
,1997.
City
(End of Notice)
Iowa City, Iowa
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Prepared by: Kevin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 97-313
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART-
MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307, TO BE
USED FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING.
WHEREAS, the City of Iowa City operates a municipal transit system; and
WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary
of Transportation to provide grants for mass transportation projects; and
WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract
for financial assistance will impose certain obligations upon the City, including the obligation to
provide the local share of projects costs; and
WHEREAS, pursuant to the provisions of Title Vl of the Civil Rights Act of 1964, the Department
of Transportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C.
requires an applicant to provide assurances that it will comply with Title Vl of the Civil Rights Act of
1964 and the Department of Transportation's requirements under Title 53 U.S.C.; and
WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent
possible in conjunction with this project, and to establish and administer definitive procedures to
ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete
for contracts when the City procures construction contracts, supplies, equipment contracts,
consultants or other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Manager is authorized to execute and file an application with the U.S.
Department of Transportation, on behalf of the City of Iowa City, to aid in financing the
City's transit operations pursuant to 49 U.S.C. §5307.
The City Manager is authorized to execute and file with said application the 'required
assurances and any other documents required by the U.S. Department of Transportation
to satisfy the requirements of Title VI of the Civil Rights Act of 1964.
The City Manager, or the Johnson County Council of Governments (JCCOG) -
Transportation Planning Division (Transportation Planner or Assistant Transportation
Planner) acting as the City Manager's representative, are authorized to furnish such
additional information required by the Department of Transportation in connection with
said application.
Resolution No. 97-313
Page 2
The City Manager is authorized to develop and execute affirmative disadvantaged
business policies with respect to the project and the project's procurement needs.
The City Manager is authorized to execute grant agreements with the U.S. Department of
Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and
capital improvements.
Upon approval of the grant application, the grant agreements may be sent directly to
JCCOG.
Passed and approved this 23rd day of September
,1997.
ATTEST:ci~/~LERK ~- ./
/__~roved by A
.
City Attorney's Office
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
jccogtp\fy95fta\iowares.doc
Prepared by: Steve Nasby, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248
RESOLUTION NO. 97-314
RESOLUTION ADOPTING THE CITY OF IOWA CITY CONSOLIDATED PLAN
(AKA CITY STEPS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR
1997, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS, the 1992 National Affordable Housing Act requires the City of Iowa City, Iowa, to
prepare an annual performance report assessing its performance under the Consolidated Plan
for the previous fiscal year; and
WHEREAS, the City has prepared the City of Iowa City Consolidated Plan Annual Performance
Report for Fiscal Year 1997 (hereinafter "the Performance Report"); and
WHEREAS, the Performance Report assesses the City's performance in achieving its goals for
the 1995-2000 Consolidated Plan, Annual Action Plan for FY97; and
WHEREAS, the City provided residents of the community with opportunities to comment on the
proposed Performance Report; and
WHEREAS, adoption of the Performance Report will maintain Iowa City's eligibility for
affordable housing projects administered by the U.S. Department of Housing and Urban
Development; and
WHEREAS, the City Council finds that the adoption of the Performance Report and its
submission to the U.S. Department of Housing and Urban Development will serve the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City of Iowa City Consolidated Plan Annual Performance Report for Fiscal Year
1997, filed in the office of the City Clerk, be and the same is hereby approved and
adopted.
The City Manager is hereby designated the Chief Executive Officer authorized to act on
behalf of the City of Iowa City in connection with the City of Iowa City Consolidated Plan
Annual Performance Report for Fiscal Year 1997.
The City Manager of Iowa City is hereby authorized and directed to submit the City of
Iowa City Consolidated Plan Annual Performance Report for Fiscal Year 1997 to the
U.S. Department of Housing and Urban Development pursuant to the 1992 National
Affordable Housing Act.
Resolution No. 97-314
Page 2
Passed and approved this 23rd
day of
September
,1997.
CITY CLERK
Approved by
City Attorney's Office
It was moved by Lehman and seconded by
be adopted, and upon roll call there were:
Thornberry
the Resolution
AYES: NAYS:
ABSENT:
X
X
X
x
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
chasupdt.g3\chasreso
CITY OF IOWA CITY
ANNUAL PERFORMANCE REPORT FOR
FISCAL YEAR 1997
CITY COUNCIL OF IOWA CITY
Naomi Novick, Mayor
Larry Baker
Karen Kubby
Ernie Lehman, Mayor Pro tem
Dee Norton
Dean Thornberry
Dee Vanderhoef
CITY MANAGER
Stephen J. Arkins
COMMUNITY DEVELOPMENT STAFF
Maurice Head, Community Development Coordinator
Steven Nasby, Project Coordinator
Stephen Long, Associate Planner
Douglas Boothroy, Director of Housing & Inspection Services
Linda Severson, JCCOG Human Services Coordinator
September 1997
ANNUAL PERFORMANCE REPORT
FISCAL YEAR 1997
TABLE OF CONTENTS
ANNUAL PERFORMANCE
Resources Made Available Within the Jurisdiction
Investment of Available Resources, Households and Persons
Assisted with Housing
Households and Persons Assisted with Housing
Other Actions
2.
3.
4.
5.
6.
Public Policies
Institutional Structure and Intergovernmental Cooperation
Public Housing Improvements
Public Housing Resident Initiatives
Lead-based Paint Hazard Reduction
Affirmatively Furthering Fair Housing
II. ASSESSMENT OF ANNUAL PERFORMANCE
APPENDIX A: DEVELOPMENT PROCESS FOR THE FY97 APR
APPENDIX B: SUMMARY OF PUBLIC COMMENTS AND SUBSEQUENT
ACTIONS TAKEN
APPENDIX C: HUMAN RIGHTS COMMISSION 1997 ANNUAL REPORT
APPENDIX D: HUD DOCUMENTATION FOR THE COMPLETION OF A
CHAS APR FOR FY97
Page
3- 23
3
7
11
13
13
18
21
21
21
23
24
27
28
29
33
-3-
ANNUAL PERFORMANCE
A. Resources (dollars) Made Available Within the Jurisdiction
FEDERAL FUNDS
July 1, 1996 - June 30, 1997 (FY97)
Administering
Agency
City of Iowa City
IDED/City of Iowa City
Saratoga Springs L.P.
Greater Iowa City Housing Fellowship
City of Iowa City Housing Authority
EHP, Youth Homes, DVIP
HACAP (FY96)
Crisis Center
Youth Homes, Inc.
Evert Conner Center
TOTAL
Source of
Funding
CDBG (Housing & Supportive Housing)
HOME (Housing)
Emergency Shelter Grants Program
HOME - State of Iowa
HOME - State of Iowa
Section 8 Rent Assistance
ClAP
FEMA
Dept. of HHS -Energy
Dept. of HHS - CSBG Flood
Dept. of HUD - Flood
Dept. of Energy
FEMA
HHS - SCILS
HHS - Substance Abuse Program
U.S. Dept. of Justice - JCPG
U.S. Dept. of Ag - DOE
Centers for Independent Living Grant
FEDERAL FUNDS
Planned
FY97
Funds
(dollars)
500,000
500,000
69,600
399,984
256,902
3,883,699
182,385
12,540
100,000
N/A
N/A
N/A
4,731
185,813
43,780
30,530
20,800
133,691
$6,324,455
Actual
FY97
Funds
(dollars)
546,000
562,000
63,580
399,984
256,9O2
3,883,699
182,385
7,098
98,985
36,833
164,855
154,289
2,366
185,813
43,780
29,119
19,606
149,441
$6,786,735
ppdcdbg\chas.95\fedfnd95.cht
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STATE FUNDS
July 1, 1996 - June 30, 1997 (FY97)
Administering
Agency
Domestic Violence Intervention Program
Emergency Housing Project
Evert Connor Center for Independent
Living
MECCA (FY96)
Johnson County Social Services
Dept. Of MH/DD
Private Lenders
Systems Unlimited
Youth Homes, Inc.
TOTAL
Source of
Funding
Crime Victim, VOCA, and YAWA
IFA Homeless Operations
IFA Rehabilitation
Dept. of Vocational Rehabilitation
Dept. of Public Health
SSBG Local Purchase - State
Community Serv. Approp. - State
Medicaid (State & Fed.)
Iowa Housing Assistance Program
(IHAP)
Medicaid, RTSS
SSA Fees
Community SVC
POS & Medicaid
Juvenile Court
DECAT
STATE OF IOWA
Planned
FY97
Funds
(dollars)
130,116
15,000
5,000
12,000
506,592
624,923
722,150
N/A
5,026,753
22,008
60,000
1,060,000
264,300
19,000
$8,467,842
Actual
FY97
Funds
(dollars)
130,116
0
5,981
12,000
506,592
617,930
644,838
40,238
5,085,746
20,996
59,402
1,051,330
268,207
19,000
$8,462,373
ppdcdbg\chas.95\fedfnd95.cht
-5-
PRIVATE FUNDS
July 1, 1996- June 30, 1997 (FY97)
Administering
Agency
Greater Iowa City Housing
Fellowship
Domestic Violence
Intervention Program
Emergency Housing Project
MECCA
LIFE Skills, Inc.
Systems Unlimited
Crisis Center
Evert Conner Center
Youth Homes, Inc.
TOTAL
Source of
Funding
Private Bank Loans (estimated mortgages)
Federal Home Loan Bank
United Way
Private contribution
United Way
Private contributions
Fund raising
Miscellaneous income
United Way
Churches
Private contributions
Corporate contributions
United Way
Private contributions
Client fees
Greater Iowa City Housing
Fellowship
Consumer Rents
Private Contributions
United Way
Private Contributions
Fundraising
Churches
United Way
Contributions & Dues
Fundraising
Other
Parent Fees
United Way
Private contributions
Client rents/rent reimbursement
Other County cost difference
Popis Courst
PRIVATE FUNDS
Planned
FY97
Funds
(dollars)
N/A
60,000
5,000
10,550
42,224
23,086
'37,043
1,579
18,000
20,000
22,000
3,500
22,010
1,800
423,032
2,000
411,964
0
63,648
45,000
45,000
16,000
1,702
739
3,060
358
5,000
19,300
0
5,000
46,000
8,600
$1,362,925
Actual
FY97
Funds
(dollars)
174,677
60,000
5,000
10,893
42,224
32,000
35,922
1,623
17,697
25,666
24,237
2,490
22,010
989
520,101
2,000
415,089
23,878
63,648
43,917
45,738
20,364
1,702
739
3,060
358
2,403
19,984
42,099
2,591
51,643
4,740
$1,719,482
ppdcdbg\chas.95\fedfnd95.cht
Administering
Agency
Domestic Violence
Intervention Program
Emergency Housing Project
MECCA
Systems Unlimited
Youth Homes, Inc.
Crisis Center
Johnson County DHS
Evert Conner Center
TOTAL
-6-
LOCAL FUNDS
July 1, 1996- June 30, 1997 (FY97)
Source of
Funding
City of Iowa City
Johnson County
City of Iowa City
Johnson County
Misc. Income
Agency Reimbursement
City of Iowa City
Johnson County
Johnson County
Johnson County
City of Coralville
Iowa City School District
Johnson County
City of Iowa City
City of Coralville
General Asst. Fund - Johnson County
Johnson County
University of Iowa
LOCAL FUNDS
Planned
FY97
Funds
(dollars)
44,100
44,990
7,750
7,500
500
500
25,235
270,317
N/A
54,272
600
0
55,167
33,000
2,900
125,000
3,120
7,775
$682,726
Actual
FY97
Funds
(dollars)
44,100
44,990
7,500
8,000
523
100
25,235
270,317
556,409
86,202
600
4,446
55,167
33,000
2,900
110,309
3,120
7,775
$1,260,693
ppdcdbg\ohas.95\fedfnd95.cht
7
B. Investment of Available Resources and Households\Persons Assisted with Housing
The following table briefly describes the activities, programs, and projects for affordable housing
undertaken in Iowa City in fiscal year 1997 (July 1, 1996 to June 30, 1997). Each activity is listed below the
relevant priority as identified in the 1995-2000 Consolidated Plan (a.k.a. CiTY STEPS). The resources and
program funds used are outlined, as well as, other investments (where known), and geographic distribution
of investment (where applicable).
PRIORITY: EXPANSION OF THE AFFORDABLE HOUSING STOCK
Homeownership Assistance for
Manufactured Homes
The First National Bank has started a loan program that will provide
low income persons with the opportunity to purchase manufactured
housing units. To complement the program, the Bank received
$80,000 in HOME funds for downpayment assistance. This program
began in May, 1997, and two loans were made in FY97. With the
addition of a new manufactured housing park in Iowa City, this loan
pool should be utilized to a greater extent in FY98.
Affordable Rental Housing
Greater Iowa .City Housing Fellowship, a Community Housing
Development Organization (CHDO) and Robert Burns, a for-profit
developer, have purchased land to construct 16 units of affordable
rental housing. The land was purchased with $100,000 CDBG and
$60,000 HOME funds. Construction of the project started in May,
1997. The project is scheduled for completion in December, 1997.
Section 8 Vouchers and Certifi-
cates
The Iowa City Housing Authority assisted 343 households with rental
assistance in FY97. Approximately $3,883,699 in Section 8 funds
went to local landlords. In addition, $182,385 in ClAP funds were
spent and the ICHA applied for 100 new Section 8
Vouchers\Certificates in FY97.
Local Lending Institutions
The Iowa City lending institutions, in conjunction with state and
federal programs, provided local citizens access to millions of dollars
worth of mortgage credit. These lenders also assisted low income
homebuyers by leveraging funds through the Mortgage Credit Certifi-
cates and the Iowa Housing Assistance Program (IHAP); $92,449 in
IHAP funds were used locally and assisted 39 homebuyers with
downpayment and closing costs.
Housing for Working Persons
Living Alone
D&K Properties, a for-profit, the Emergency Housing Project and the
City worked together to develop 21 units of Single Room Occupancy
housing with supportive services. $100,000 in HOME, $85,000 in
City funds and $200,000 in private funds were used for acquisition of
the property. Of the 21 units, all will be rented at Fair Market Rent or
less (with 9 rooms having rents of approximately $125-$175\month).
Acquisition and Rehabilitation
Greater Iowa City Housing Fellowship (GICHF), a CHDO, was
allocated $171,490 in FY97 HOME funds and $25,000 in CDBG
funds to purchase and rehabilitate 12 housing units. When
completed the units will be used by GICHF in their affordable rental
housing program. This project also leveraged $256,902 in State
HOME funds, $60,000 from the Federal Home Loan Bank and
approximately $500,000 in private financing.
Land Acquisition for Affordable
Owner-occupied Housing
Real Property Downpayment
Assistance Program
GICHF was allocated $107,400 in FY97 HOME funds to purchase
vacant lots. These lots will become part of a land lease program that
GICHF is just starting. In FY97, $48,000 was spent to purchase 2
lots. GICHF is planning on building starter homes on these lots and
then selling the improvements to the homebuyers. This should make
the home more affordable since the buyer does not have to purchase
the land but can lease it at a low rate from GICHF.
Citing the need for downpayment assistance the City used $45,000
in FY97 CDBG funds to assist lower income homebuyers with
downpayments and closing costs. These funds will assist a
minimum of 15 households. This year 15 households were assisted
and $37,721 was expended.
PRIORITY: REHABILITATION OF THE EXISTING AFFORDABLE HOUSING STOCK
Small Repair Program
Elderly Services Agency assisted 55 persons (48 households) who
were elderly or had a disability with small repair projects. This
program enables these households to remain in their homes safely.
In FY97 the program used $29,400 in CDBG funding.
Housing Rehabilitation
Program: Owner-occupied
The City of Iowa City used approximately $298,255 in CDBG and
$152,083 in HOME funds. While numerous projects were began the
following rehab projects completed this year:
Comprehensive Rehab
Exterior Repair
Emergency Repair
Residential Accessibility
Mobile Home Repair
TOTAL
8
10
5
4
16
43
Rental Rehab
The City of Iowa City awarded $8,000 to the Evert Conner Center for
Independent Living to start a rental rehab program targeting persons
with disabilities. Since many tenants with disabilities cannot afford
accessibility modifications or get the landlord to make the necessary
modifications, the Conner Center saw this as a need for their clients.
Since this is a new project they just got underway in FY97. To date
all of the funds have been committed to projects but only $31 has
been expended.
9
PRIORITY:
SUPPORT AGENCIES THAT PROVIDE SERVICES TO HELP PEOPLE SECURE AND
STAY IN HOUSING
Iowa City Housing Authority
Evert Conner Center for
Independent Living
Neighborhood Centers of
Johnson County
Mid-Eastern Council on Chemical
Abuse
Elderly Services Agency
Greater Iowa City Housing
Fellowship
LIFE Skills
The ICHA received $85,510 in HOME funds for a Tenant Based Rent
Assistance (TBRA) program. Twenty to Twenty-five households will
be receiving rent assistance for up to 24 months. Due to staff
changes this program did not commit any funds in FY97, but will be
getting underway in FY98.
The Conner Center received $1,848 in CDBG funds to make
accessibility improvements to their offices. These improvements will
make their facilities more consumer friendly.
The Neighborhood Centers of Johnson County was allocated
$185,000 in CDBG funding for Phase II, which will complete the new
facility at Pheasant Ridge. The new facility will offer services to this
low income neighborhood that include child care, youth programs
and continuing education (English as a second language). These
funds completed this project and $185,002 in CDBG funds were
spent.
MECCA used $25,235 in CDBG funds, in conjunction with other
funds, to provide services to 5,970 individuals who were in need of
comprehensive substance abuse prevention and treatment
programs. They also provide individualized treatment plans for
persons in traditional outpatient, intensive outpatient, day treatment,
halfway house, and residential services.
ESA assisted 1,618 seniors through their Chore Services, Shared
Housing, Retired Senior Volunteer Program, Case management,
Information and Referral, and Outreach with $55,105 in CDBG.
These services helped elderly persons remain in their homes.
GICHF has established and operated a Security Deposit Loan
Program. This program is funded through a $10,000 loan pool with a
local bank and $5,000 of Emergency Shelter Grant Program funds.
LIFE Skills, with $17,104 in CDBG funds assisted 51 households
through its Housing Support Program. This program helps clients
with basic household skills such as budgeting, housekeeping, and
neighbor\landlord relations. In addition, they began a Tool Pool
Project with another local nonprofit. The Tool Pool project will enable
low income persons to borrow small tools so that they may better
maintain their housing units.
10
Domestic Violence Intervention
Program -- Furniture Project
Emergency Housing Project--
Transitional Housing Support
Services
Homeless Services Provision
DVIP is the parent organization for the Furniture Project. The
Furniture Project collects a variety of items for re-distribution to
homeless and other low income households. In FY97 this service
provided furniture to 193 households.
EHP, through its Early Bird Program, provides supportive services to
persons living in transitional housing. This program works in
conjunction with the SRO projects funded by the City. Tenants who
want reside in very low rent SRO units "targeted units" must
participate in this or some other supportive service program.
The City of Iowa City administered $63,580 in Emergency Shelter
Grant funds for four local homeless shelters and' one nonprofit
agency. These funds were used for homeless. prevention, and
operational expenses (utilities, salaries, insurance, etc.).
PRIORITY: FEASIBILITY STUDIES
City of Iowa City -- Community
Housing Forum
City of Iowa City -- Critical Issues
Planning
AND PLANNING
In October, 1996, the City held a Community Housing Forum to
solicit public input on housing issues. Approximately 100 persons
attended this event. Speakers from some community leaders were
panelists (university, major employer, Realtor, banker, and builder).
From this meeting the participants formed three working groups.
These working groups were charged with drafting a housing strategy
for the City Council to review. The working groups have met at least
monthly since October, 1996, and plan on making a public
presentation of their housing strategy in October or November, 1997.
As a continuing process overcoming the barriers to affordable
housing, the Housing and Community Development Commission
(HCDC) allocated $50,000 for Critical Issues Planning. The first
piece of research that is being undertaken is a comprehensive
market analysis. Staff and members of HCDC have completed a
Request for Proposals and solicited bids from private consultants.
The market study is scheduled to be completed by December, 1997.
TABLE 1
CDBG/HOME PROGRAM PARTICIPATION
FY 97 (July 1, 1996 - June 30, 1997)
Renters Total
Assistance Provided
by Income Group
1. Very Low-Income
2HH 6HH
(O-30% of MFI)
2. Very Low-Income 131HH 178HH 25HH
3P
{31-51% of MFI)
3. Other Low Income
(51-80% pf MFI) 1P
T OTA L 13 4 HH
4P 178HH 31HH
Elderly Sma!l Large All Existing
1 & 2 Related Related Other Home-
Member {2 to 4! (5 or more) Households Renters Owners
19HH 27HH
22P 22P 20HH
16HH 350HH 9HH
3P 18P
1HH 14HH
1P 33P
35HH 378HH 43HH
22P 26P 51P
Owners Total Homele,.
1 st-Time
Homebuyers
with All Home-
Children Others Owners individuals
3HH
3HH
20HH 1,031P
2HH 11HH
18P
12HH 29HH
33P
60HH
14HH 51P 1,031P
}ss
Non-
Homeless
Special
:amilies i Needs TOTAL
104HH
57HH 164 P 1,217P
193HH! 9P 554HH
30P
30HH
12P 46P
688HH
250HH 185P [,293P
1. Hispanic
2. Non-Hispanic... White
3. Black
4. Native American
5. Asian and Pacific Islander
6. Other/Unknown
Total
HH Persons
31 21
479 735
162 172
13 10
3 8
0 347*
688 1,293
Description of Accomplishrnents:(e.g. persons, households, units
*Some agencies did not report racial demographics.
11
C. Households and Persons assisted with housing (Comments on Table 1)
This report only includes persons and households who moved into a unit\shelter in FY97 or had a
rehabilitation project completed. Families who lived in Public or Assisted Housing last year and continue to
do so are not counted. Table 1 shows the number of households and persons actually assisted.
Renter Households
All renter households served by these activities\projects are under 80% median income, however, the
majority (approximately 86% are under 50% median income).
Elderly Households represented in Table 1 are estimates from the Public and Assisted Housing programs
operated by the City (129 households). Other elderly renter households may have been assisted through
other programs such as Greater Iowa City Housing Fellowship or LIFE Skills, however, they do not keep
age statistics.
Renters represented in Table 1 are comprised from a number of housing projects or service activities
undertaken in FY97. The individual activity and number of households or persons assisted as "new" in
FY97 is detailed below.
D&K Properties (SRO)
GICHF Rentals
LIFE Skills
Evert Conner Center for Independent Living
Public Housing and Section 8*
* Includes elderly households
22 Persons
77 Persons
51 Persons
21 Persons
343 Households
Owner-Occupied Households
This category consists of households receiving assistance from several programs and services.
following is a breakdown of the programs and the number of households assisted.
Iowa City: Housing Rehabilitation Program
Iowa City: Downpayment Assistance
First National Bank: Downpayment Asst. Program
Elderly Services Agency: Small Repair Program
State of Iowa: Iowa Housing Assistance Program
43 Households
15 Households
2 Households
48 Households
39 Households
The
Homeless Persons and Families
The number of households\persons assisted by Iowa City's homeless shelters was down by approximately
4 percent (from 1,217 persons in FY96 to 1,173 persons in FY97). This slight decrease may be attributed
to renovations and\or occupancy restrictions being enforced at the Emergency Housing Project and Do-
mestic Violence Intervention Program's shelter.
At present, the three local emergency shelters that provide these services are reporting on a monthly basis
through the Emergency Shelter Grants program. Duplication is avoided between the shelters because
each one targets a different population (one shelter is only for minors, another one houses women and
children who are victims of domestic violence, and the other has no restrictions but serves mainly single
men).
12
The DVIP Furniture Project served 193 households (515 persons) in FY97 by providing 928 pieces of
donated furniture. This activity allows individuals and families coming out of homeless shelters or other
temporaw living situations with the items necessary to set-up a household.
Non-homeless Special Needs
In FY97 there were 185 persons assisted. All of these persons were renters and the majority of them (164
or 89%) were clients of Systems Unlimited. The other 21 persons were assisted by the Evert Conner
Center for Independent Living.
Assistance by Race
Data for assistance by race and ethnic group show that housing assistance for minority groups generally
exceeds the general population representations by all groups. Overall, minorities comprise approximately
9 percent of the general population (1990 U.S. Census).
The illustration below compares racial statistics.
Race\Ethnic General Population* Percent Under 50% mfi* Percent Households
Group Assisted in FY97
Asian\Pacific Is- 5 10 > 1
lander
Black 2 3 23
Hispanic 1 2 5
Native Amer. >1 >1 2
White 91 84 69
Unknown ......
TOTALS 100 100 100
* Data from the U.S. Census Bureau, 1990
13
D. Other Actions Undertaken
D.1. Public Policies
Once the City's priorities and strategies for investment are determined, the City looks closely at the
coordination of policies, goals, administration, and implementation. This section and the next,
"Institutional Structure and Intergovernmental Cooperation" looks at these issues.
Iowa City has its own unique set of barriers to affordable housing, many of which can be addressed,
at least partially, through local public policies. These policies are discussed under the following
categories: 1) Availability of Resources; 2) Development Standards; 3) Zoning; 4) Building Codes; and
5) Community Attitudes. The Consolidated Plan includes not only housing issues but jobs and
services.
AVAILABILITY OF RESOURCES
This is generally the most fundamental problem, with a lack of financial resources and available land
at issue. The increase in homelessness and serious affordable housing issues has caused the creation
and limited funding of state and federal housing programs. Iowa City will continue to try to capture as
many of these funds as possible, but more private and City funds are needed. The City has made a
commitment to match local HOME funds. In FY97, the City used 885,000 in HOME match to provide
a 0% loan to D & K Properties for an SRO project.
In Iowa City the availability of developable residential land (particularly for multi-family structures) that
is relatively close to jobs, schools and shopping is nearly nonexistent. In addition, developers who are
constructing housing on the available land are targeting the owner-occupied housing market and the
student rental market.
Policy Options
1. Acquisition of Available Vacant Parcels
Unlike many communities, the City does not much vacant land available for housing development only
a few scattered infill parcels. In FY98, Habitat for Humanity will be requesting HOME funds for its
program
Possible sources of funding in addition to state and federal resources are the general revenue fund,
general obligation bonds, revenue bonds, tax abatement, or tax increment financing. Although the
City Council has recently approved the use of both tax increment financing and tax abatement, the
use of general revenue funds seems less likely due to a large state rollback for property taxes the City
is investigating the use of bonds.
2. Annexation
Annexation is relatively easy; however, it involves extension of infrastructure and services, and in
many cases, environmental factors such as wetlands and steep slopes create additional development
expenses. Annexation for affordable housing may be politically infeasible due to the additional costs
of development, such as infrastructure, which must be subsidized by the City or passed on to the
consumer in tRe form of higher home prices.
14
3. Community Land Trust (CLT)
CLTs are becoming popular throughout the country and may be organized by the City or other actors
such as a public or private nonprofit organization. The difficulty with CLTs are that they require
relatively large amounts of initial capital funding to secure the necessary properties and maintain
· available resources for staffing. CLTs generally are 99-year leases; a long-term commitment is
necessary to ensure the proper sale and resale of properties. The City allocated 8107,400 to GICHF
for the acquisition of five vacant, single-family lots. A CLT model is being developed by this local
nonprofit.
DEVELOPMENT STANDARDS
Historically, development standards have been used to ensure the public safety and maintain the
status quo or integrity of a neighborhood. Overly stringent development standards increase the land
costs of residential developments. Because times, technology, and needs change, updates and
revisions in development standards are appropriate.
Policy Options
1. Allowing Development on Non-Conforming Lots
This option allows for residential development of affordable housing on existing non-conforming lots,
especially where two or more of these lots are adjoining. An ordinance amendment regarding this
issue was approved by the City Council in May 1993, for these situations to be examined on a case-
by-case basis. One such case was approved during the past year. Additional regulatory barriers will
be addressed as they are identified.
2, Changing Development Standards
Development standards for new construction are often expensive, thus prohibiting the construction of
affordable housing. An alternative to this may be incentives for greater use of Planned Development
Housing (PDH), which might allow for narrower streets, elimination of curb and gutter, or sidewalks
on one side of the street only, and cluster housing. These modifications in development standards
could be incorporated into a neighborhood cost effectively while maintaining high levels of public
safety.
ZONING
Municipal zoning laws and comprehensive land use planning are aimed at directing growth. To assist
in the development of affordable housing, the following three zoning changes may be considered.
Policy Options
1. More High Density Zones
There is very little developable land which is zoned for high density residential development. High
density zones allow land costs to be offset by a greater number of units, making them more
affordable. Attractive single and multi-family development, including manufactured housing, is
possible at densities from eight to 20 units per acre. Another option is to have developments with a
mixture of housing types.
15
Community attitudes in Iowa City must be overcome in pursuing this option; many citizens react
negatively not just to housing for low-income people, but to higher density development in general
(and not only because the two are sometimes associated). Other associated issues such as street
widening and school bond elections to construct a much-needed elementary school (many are severely
overcrowded) make increasing densities in some areas even more politically unpalatable.
2. Incentive Zoning
With incentive zoning, a developer would be granted density bonuses for providing public amenities
such as affordable housing, walkways, or childcare. Iowa City is experimenting with this type of
zoning with its PRM and CB-5 zones~. This is only a limited use of incentive zoning, however; a more
extensive experiment of this in the housing area may be justified. This option would be one way to
increase the density of certain development without increasing the overall allowable density in an
area.
BUILDING CODES
Building code regulations directly influence all commercial and residential construction. The main
purpose for building code regulations is to protect the public health, safety, and welfare. Changes in
these codes must be met with intense scrutiny because public safety is the basic responsibility of a
governing body. The City's standards are and will continue to be updated every three years to take
advantage of the latest technology in building materials and construction techniques. The City will
need to balance housing affordability and the health and safety of all its citizens. The City already has
some flexibility built into its building code regulations, such as regulations regarding the use of less
expensive building materials. The following issues can be addressed:
* codes and building regulations
* enforcement bodies
* codes that might be insensitive to older housing stock
* possibly antiquated requirements
* environmental and state regulations
* rehabilitation guidelines
The City worked with a group from the Homebuilders Association to review the City's development
standards. Several of the suggestions from this group are being considered by the City Council.
~ The Planned High Density Multi-Family Residential Zone (PRM), in the Near South Side, allows a density of 50
dwelling units per acre, but contains a provision allowing higher densities for one-bedroom units (approximately 62 units
per acre) and efficiencies (approximately 87 units per acre). In the CB-5 zone, also in the Near South Side, residential
units that are part of a City-approved affordable housing program are exempt from the minimum parking requirements,
provided that those units do not exceed 30 percent of the building's total units.
16
Policy Options
1. Modify Codes Related to Building and Development
Overly restrictive building codes can hinder efforts to provide affordable housing. Such is the case in
Iowa City when a house is moved. Existing codes require moved houses to meet new construction
codes, which in some instances is not feasible, and in other cases results in such extensive rehabilita-
tion that the house becomes unaffordable. Health and safety concerns must be carefully weighed
against the dire need for affordable housing. Additional flexibility in Iowa City's building code regula-
tions may be needed to allow for a balance between safety and affordability. Also, the City will
continue to work with the Board of Appeals and the Homebuilders Association to increase awareness
in the building community of the need for affordable housing and the flexibility in the current building
code that may not be common knowledge.
COMMUNITY ATTITUDES
A more subtle barrier to affordable housing is the attitude of the community. Rules and regulations
concerning housing and discrimination can be passed by governing bodies, but a persistent, unfavor-
able stigma is attached to public and low-cost housing projects and the people who live in them. If
higher densities are used to foster affordable housing development, the greatest concern of existing
residents will be that property values will be lowered. Concern about property values is also raised
with the development of certain housing types: housing for persons with severe mental illness, single-
room occupancy units, and low-income rental complexes.
In addition, community attitudes affect the decisions of the City Council and influence the strength of
commitment to resolving affordable housing problems. If community attitudes are going to change,
the City Council must encourage broad measures for educating the community, and be prepared to
experiment with unpopular solutions.
In October, 1996, the City held a Community Housing Forum to solicit public input on housing issues.
Approximately 100 persons attended this event. Speakers from some community leaders were panelists
(university, major employer, Realtor, banker, and builder). From this meeting the participants formed three
working groups. These working groups were charged with drafting a housing strategy for the City Council
to review. The working groups have met at least monthly since October, 1996, and plan on making a
public presentation of their housing strategy in October or November, 1997.
Policy Options
1. Continued Commitment from City for Affordable Housing Opportunities
Reaffirming Iowa City's commitment to increasing affordable housing opportunities may be the
simplest method of addressing negative attitudes. Some residents may be willing to have more of an
open mind about housing for low-income people if the City Council demonstrates that affordable
housing is a priority. The commitment of the private sector is also important. The City will continue
to work with local financial institutions and private nonprofit and for-profit developers in creating
affordable housing opportunities. These joint ventures have increased in the last year or two, and will
continue to be the most important way in which the low-cost housing stock is expanded.
17
2. Dispersion of Low-Cost Housing throughout City
Some of the policies discussed above will be helpful in changing the negative perception of affordable
housing as this type of housing is blended with other single-family and multi-family units throughout
the city. As much as possible, new development of affordable housing will be dispersed throughout
different sections of the City.
3. Fair Housing Policy
The City will continue its efforts to address discrimination that people confront in seeking housing in
Iowa City. In the State of Iowa, access to housing, and equal housing services, may not be denied
because of race, color, creed, sex, religion, national origin, physical/mental disability/handicap, or
familial status/presence of children. The City of Iowa City has added to this: age, marital status,
sexual orientation, and public assistance.
The Iowa City Human Rights Commission and the Tenant/Landlord Association both report that a
number of housing discrimination complaints deal with family size (see Appendix C: Human Rights
Commission Report). For a large, lower-rent apartment, landlords would often times prefer to rent to
a group of students than a large family on rental assistance. There is also the perception that Section
8 assistance comes with a great deal of paperwork or added inspections.
One issue that the Human Rights Coordinator hears complaints about is racism encountered when
trying to rent an apartment in Iowa City. According to the Human Rights Commission, there have
been only one or two complaints in the last four years about discrimination based on disabilities. It is
not the case that some areas of the City are ignored by local lending institutions. It is not known
whether members of the real estate community "steer" renters or purchasers to certain areas. Since
Iowa City has neither areas of blight nor high concentrations of minority groups, it is likely that little
steering would occur. This is extremely difficult to document in any case.
As mentioned before, the tight market in Iowa City, especially for lower-cost rental units, encourages
discrimination by making it possible for landlords to be highly selective. The high demand for few
units means landlords will follow the path of least resistance -- that is, choose tenants that will not
require additional paperwork, will pay rent on time, will not upset the other neighbors, etc.
Populations tha.t require some flexibility or understanding will lose out. The number one way to
address this problem is through the expansion of the affordable housing stock.
The City has attempted to deal with these fair housing issues, some that are unique to Iowa City
(relative to the rest of the state), by legislating against certain types of discrimination that are per-
ceived to be widespread (such as discrimination based on public assistance, e.g. FIP assistance). The
City, through the Human Rights Coordinator, will continue to monitor and investigate all housing
discrimination complaints, review housing advertisements, distribute information to local Realtors,
landlords, tenants, and housing developers, and provide input into City actions that may have an
impact on specific populations. Housing discrimination problems are best attacked through education,
changes in local policy, and follow-through on complaints. The City will continue to do all three, as it
has in the past.
18
D.2. Institutional Structure and Intergovernmental Cooperation
The institutions described below are only those involved in a direct way with the provision of housing
in Iowa City, either through programs, projects, or financing. There are dozens of entities that are
involved in providing services that indirectly (but no less importantly) keep people from losing housing
or allow them the opportunity to look for housing in the first place.
The largest provider of affordable housing in Iowa City is the Iowa City Housing Authority. Through
public housing units and Section 8 assistance, over 900 households are currently assisted with rental
housing. The City's Department of Planning and Community Development is a major actor, too, with
its Housing Rehabilitation Program, planning and research activities, technical assistance for housing
providers, some housing development, and the administration of Community Development Block Grant
and HOME funds, many of which go to housing-related projects.
The Greater Iowa City Housing Fellowship (GICHF) is a Community Development Housing
Organization (CHDO) and is the only nonprofit organization devoted solely to housing low-income
persons, and it has so far concentrated on very low-income renters. This relatively young organization
has greatly increased its capacity in the last year and has several projects on the way. LIFE Skills is a
non-profit agency that operates a Housing Skills program with CDBG funding. LIFE Skills helps low
income persons locate and stay in housing by helping households with budgeting and housekeeping
skills. The Hawkeye Area Community Action Program (HACAP) is also a CHDO that operates within
Iowa City. HACAP has been focusing on transitional housing with support services.
The local lending institutions have played an increasingly important role of late in the development of
affordable housing. A consortium of lenders assisted the GICHF in a project last year and again this
year agreed to assist with other projects. A group of lenders, along with the City and the Board of
Realtors, presented a free Homebuyer Education Seminar in which was continued this year by the
private lenders.
The importance of the emergency shelters in Iowa City goes without saying. These facilities provide a
much-needed service and do so with resources that are always shrinking. (This year Iowa City
shelters received a total of 863,580 from the Emergency Shelter Grants Program.
Supportive housing providers play a vital role serving special needs populations in Iowa City. These
agencies deal with not only dwindling resources, like the emergency shelters, but philosophical
changes in the way they are mandated to serve their populations (such as the State's shift away from
group homes for persons with developmental disabilities).
Finally, the community's housing rehabilitation programs are extremely important in maintaining the
City's affordable housing stock as well as upgrading it, as is the case with accessibility improvements.
Elderly Services Agency runs the Small Repair Program, which assists persons with physical
handicaps and/or elderly with small repairs to their homes, These repairs allow elderly persons to stay
independently in their homes.
PUBLIC INSTITUTIONS
U.S. Department of Housing and Urban Deve/opment (HUD)/Iowa Department of Economic Develop-
ment. Through the Iowa Department of Economic Development, the City, nonprofit and for-profit
developers will be administering HOME Investment Partnership funds from HUD.
19
Iowa Finance Authority. In addition to administering a Rental Rehab Program, which the City finished
in FY96, IFA administers the Housing Assistance Fund for acquisition, rehab, new construction and
home ownership programs. They also are the state agency that administers the Low Income Housing
Act Credit Program.
Iowa City'Public Housing Authority. The Public Housing Authority owns and manages 107 units of
public housing, dispersed throughout the City plus 827 certificates and vouchers. More than 500
households are on the waiting list for rental assistance. Additionally, the PHA is in the process of
selling 20 single-family units through the Tenant to Owner Program (TOP). The Housing Authority has
more contact with individuals and families with housing problems than any other agency in the
community. It also has almost daily contact with local landlords, through the Section 8 program, and
with human service agencies.
Department of Planning and Community Development. Five full-time members of the Community
Development Division will continue its affordable housing activities: 1) research and planning; 2)
administer CDBG and HOME funds; 3) prepare the Consolidated Plan, The Annual Performance Report,
Grantee Performance Report(s) and CDBG Program Statement (the latter two for the Community
Development Block Grant program); 4) technical assistance for and cooperation with housing nonprofit
and for-profit developers; 5) rehabilitation program; and 6) other affordable housing projects.
NONPROFIT ORGANIZATIONS
Domestic Violence Intervention Program (DVIP). DVIP serves mainly women who are victims of
domestic abuse and their children. This is the only emergency shelter of its type in Iowa City and
surrounding areas. DrIP also operates the Furniture Project which is a program that collects used
furniture and distributes it to households coming out of homeless shelters or other low income
households.
Ecumenical Consultation of Churches. The Consultation consists of 19 member congregations and is
the umbrella organization for the Ecumenical Towers Housing Project, the Emergency Housing Project
(see below), and the Common Fund.
Elderly Services Agency. Elderly Services Agency runs several programs dealing with housing people
who are elderly. 'The Shared Housing program provides elderly persons with housing alternatives,
support services and a safe environment, by sharing their home with another person. Each person has
private space and shares common areas such as the kitchen and living room. Elderly Services Agency
also runs the Small Repair Program, which does small repairs to homes so that low-income elderly or
handicapped persons can stay safely in their own homes.
Emergency Housing Project (EHP). EHP is an emergency shelter serving homeless local people or
people passing through town. EHP provides shelter, showers, telephone, and referrals to appropriate
agencies. EHP also operates the Early Bird program. This program provides supportive services to
homeless persons and persons in transitional housing.
Greater Iowa City Housing Fellowship (GICHF). The goal of the GICHF is to develop and provide
decent, affordable housing for low-income residents of the Iowa City area, especially to holders of
Section 8 vouchers and certificates. The GICHF also has a program providing loans for rental
deposits. In FY97, GICHF is experimenting with the development of starter homes to be sold to low
income homebuyers.
20
Iowa Valley Habitat for Humanity. An affiliate of this international housing ministry has begun in Iowa
City, and has purchased lots in Iowa City and completed several homes. Low-income families are
selected to work with Habitat in the construction of a new home for the family. Habitat for Humanity
receives gifts, volunteer time, and no-interest loans to build or renovate simple, decent homes for
people who are inadequately sheltered. Construction is a cooperative venture between volunteers and
homebuyers. Houses are sold at no profit and with a no-interest mortgage repaid over a 15- to 25-
year period. The house payments are then recycled to build more houses.
Hawkeye Area Community Action Program. HACAP provides a variety of programs to help those in
need in the Iowa City area, several of which are housing-related: Energy Assistance; Weatherization;
Homeless Outreach and Support; Utility, Shelter and Financial Related Counseling; Mortgage
Resolution Assistance, and Transitional Housing. HACAP's Transitional Housing Program provides
housing and supportive services for families for up to eighteen months to enable them to become self-
sufficient through counseling, referrals, job training, and household management skills.
Hillcrest Family Services. Hillcrest Residence (a program of Hillcrest Family Services) has as its
mission to help clients become successful in the living, learning, and working environment of their
choice, with maximum feasible independence from helping professionals. Hillcrest serves adults with
histories of psychiatric or emotional problems that prevent them from living independently.
Evert Conner Center for Independent Living, Inc. This private, nonprofit agency teaches daily living
skills to adults with developmental disabilities to greatly enhance their ability to participate indepen-
dently in the community. Skills are taught through self-advocacy, support groups, counseling, and
educational and vocational programs.
LIFE Skills, Inc. LIFE Skills provides services in many areas to many different groups, but one of its
newest programs assists people by teaching the skills needed for both looking for and staying in
housing.
Systems Un#mited, Inc. Systems Unlimited provides permanent, long-term housing for people with
developmental disabilities in group home and apartment settings. Respite care is available on an
emergency basis, if space is available. In-home care is also available.
Youth Homes, Inc. Youth Homes'provides emergency and short-term care, counseling, and
supervision to troubled or homeless unaccompanied adolescents. Its services include crisis
intervention counseling; emergency residential services; and group and individual counseling to youth
including pregnant teens or teenage mothers who are homeless.
PRIVATE INDUSTRY
Local developers. Most of the new affordable housing in Iowa City (not including the Public Housing
Authority) has come from local for-profit developers. One developer, Burns and Associates, has
several new projects in the works, including one with a housing nonprofit.
Local lending institutions. With the City's involvement, several of the local lending institutions have
formed consortia to help fund several recent projects by the Greater Iowa City Housing Fellowship, for
affordable rental housing rehabilitation and new construction. They have indicated interest in continu-
ing assistance for rental and owner-occupied housing projects. Several lenders were also involved in a
homebuyers educational seminar.
21
D.3. Public Housing Improvements
The Iowa City Housing Authority is facing a changing public housing program. Tenant initiatives of
HUD encourage homeownership which will eventually change the mixture of housing units within the
program. Through the Section 5 (h) and HOPE programs the Iowa City Housing Authority is working
toward transferring some of the existing property. These changes will create a management task
focused on single family and semi-detached housing units. Over the next five years, the strengths of
the tenants and management will be used to improve the program.
The living environment of the public housing and Section 8 tenants is generally very good. The ICHA
will continue to assess the needs of the public housing residents and make applications for ClAP
funding when it is available. The scattered site nature of the Iowa City Housing Authority units
provides the tenants and participants the same living environments of the larger population. With little
segregation of public housing units, there are no major activities planned for this segment of the
housing stock.
D.4. Public Housing Resident Initiatives
The Iowa City Housing Authority (iCHA) is undertaking a homeownership program that will entail the
transfer of units from public control to private ownership, the Tenant-to-Owner Program (TOP). The
program is driven by replacement awards provided by HUD. The initial offering under this program
will be replaced by newly constructed public housing units. There will not be a significant net
decrease in the number of public housing units available to very low-income families since the funds
from these sales will eventually be used to replace the units that are sold. The mix of units will
gradually change to scattered site single or duplex units.
The ICHA's plan will recognize the choice of the tenant to participate in the management of the
complexes in which they live. For those tenants for whom homeownership is an option, tenant
groups have been started at the two major complexes of the ICHA and plans are laid for tenant or
condominium associations to be formed at other apartment units operated by the Housing Authority.
As the transfer of property begins, staffing efforts will be refocused on the complexes and other multi-
family units. The objective is to begin the program with 20 single-family and duplex units.
For tenants not wishing homeownership options, programming will be directed toward creating tenant
support groups and family self-sufficiency programming to support them in their tenancy.
D.5. Lead-Based Paint Hazard Reduction
The reduction of lead poisoning in children and abatement of lead based hazards is a task with so
many facets that a community-wide effort must be instituted. The strategy of the City is to organize
a public/private partnership to seek solutions for this problem. The education of City residents as to
the actual problem will need to parallel efforts to organize the community response so that a
responsible plan may be obtained.
Current abatement of lead-based paint hazards on a systematic level has only been achieved through
the Iowa City Housing Authority. The public housing stock of the City of Iowa City is certified as
being free of lead-based paint hazards. In recognition, local owners and contractors have on their own
initiative abated some other properties. The demolition of older houses still remains as the operative
method of lead-based paint abatement in Iowa City. Housing and Inspections Services in the Rental
Permit Program identifies and cites rental units with chipping, peeling, cracking paint and requires
abatement of the problem. Prior t.o issuance of a rental permit, Housing and Inspection Services also
22
requires the owner to certify that the property complies with 24 CFR, Part 35 as it applies to lead-
based paint. There are no requirements for mandatory testing and abatement of older housing stock.
The City's housing rehabilitation program regularly tests children six and under for elevated lead blood
levels and also sends paint chips for testing, as necessary.
The following is our plan for the reduction of lead-based paint hazards in Iowa City in 1996.
Representatives from the Iowa City Department of Planning and Community Development,
Housing and Inspection Services, the Iowa City Community School District, the Apartment
Owners Association, the Johnson County Department of Health, the Housing Commission, and
one or more citizen representatives met to discuss lead paint hazards. Although the threat of
lead paint hazards are low due to code enforcement, public education should be the City's top
priority.
Attention is being given to facilitating the identification and organization of testing services for
both people and property. Concurrently material for public dissemination can be studied and
approved. Use of schools, cable, television, radio, and written material will expose the general
public as to the risks and the prevention of lead hazards. Collection of data as to the size of
the problem would lead to an understanding of the resources that will eventually need to be
committed to this problem.
The new Lead Based Paint Final Rule was published in Spring 1996. This new rule will serve
as a guide for the actions that will be undertaken in our federally funded programs, especially
housing rehabilitation and assisted housing.
23
Affirmatively Furthering Fair Housing
The following actions were undertaken by the City of Iowa City, in the City's fiscal year 1997, to
affirmatively further fair housing. Also see the Human Rights Commission's Annual Report in
Appendix C.
ACTIONS TAKEN TO AFFIRMATIVELY FURTHER FAIR HOUSING
Actions Taken Results
Iowa City Human Rights Commission advertises on a
weekly basis on fair housing discrimination in the
Daily/owan & Advertiser
Receives phone inquiries
PSAs on Housing Discrimination are shown on Cable Get informal and formal complaints
Channel 29 in Iowa City
Pamphlets and posters on the fair housing discrimi-
nation law are disseminated to community organi-
zations and are displayed at the University and Civic
Center and library and on City buses
Increased community awareness
Monitoring for illegal advertisements is done regularly Commission informs parties of illegality
by the Human Rights Coordinator
Referrals of housing discrimination complaints
outside Iowa City's jurisdiction were made to HUD
and the Iowa Civil Rights Commission
Interagency cooperation
Fair Housing Law video disseminated in the com-
munity
Increased public knowledge of law on Fair
Housing
Revising Human Rights Ordinance to become sub-
stantially equivalent
Commission brochures are sent to landlord-owners
by the Housing and Inspection Services Division
Commission is currently awaiting HUD's
decision on whether Ordinance is
substantially equivalent.
Information about housing law
Filed three housing discrimination complaints with
state for investigation. Complaints originated in Iowa
City area
Awaiting outcome.
Impediments to Housing Update completed
Provided guidance for the Human Rights
Commission on how to proceed in eradi-
cating discrimination
II.
24
ASSESSMENT OF ANNUAL PERFORMANCE
A. Expansion of the affordable housing stock
This analysis covers the 1997 Iowa City fiscal year (July 1, 1996 to June 30, 1997). The City
allocated both HOME Investment Partnership and Community Development Block Grant
(CDBG) funds for a variety of activities. Overall, the expansion of the housing stock was good:
29 units were added to the rental housing stock, two lots were purchased for the construction
of affordable housing, 17 households received downpayment assistance, 3z~3 new households
received Section 8 vouchers and certificates or moved into public housing, and local lenders
leveraged over $92,000 in State funds to help 39 lower income home buyers.
New rental units. Using $100,000 in HOME funds, $85,000 in City funds (HOME
match account), and $200,000 in private funds, D&K Properties (a for-profit), the
Emergency Housing Project (a non-profit) and the City of Iowa City worked together to
develop 21 units of Single Room Occupancy housing with supportive services funded
by $10,000 of CDBG funds. All of the units will be rented at or below Fair Market Rent
for 15 years, with 9 of the units targeted for rent reductions. It is expected that these
targeted rooms will rent for between 8125 and 8150 per month which is approximately
8100 per month below the private market rate.
Land Acquisition/construction. The Greater Iowa City Housing Fellowship, a Community
Housing Development Organization (CHDO) and a for-profit developer used 8100,000
CDBG and 860,000 HOME funds to purchase land on which 16 units of affordable
rental housing will be built. Construction began in May 1997 and should be completed
by December 1997. All of the units will be rented at Fair Market Rents for 20 years.
Homeownership Assistance for Manufactured Homes. Due to a delay in receiving a
waiver from HUD, the First National Bank's manufactured home loan program, which
received 880,000 in HOME funds for downpayment assistance, did not begin until May
1997. At least 32 households will receive assistance. In FY97, two loans were made.
..
Renta! Assistance. The Iowa City Housing Authority assisted 343 new households
with rental assistance in FY97. Overall 83,883,699 in Section 8 funds went to local
landlords. The ICHA applied for 100 new Section 8 Vouchers/Certificates in FY97.
Acquisition and Rehabi#tation. Greater Iowa City Housing Fellowship, a CHDO, was
allocated 8171,490 in FY97 HOME funds and 825,000 in CDBG funds to purchase and
rehabilitate 12 housing units. When completed the units will be used by GICHF in their
affordable rental housing program. Eight units were purchased and rehabilitated in
FY97 and the remaining four will be purchased by August 1997.
Homeownership Assistance. Citing the need for downpayment assistance, the City
was awarded 845,000 in FY97 CDBG funds to assist lower income homebuyers with
downpayments and closing costs. This year, 15 households were assisted and
837,721 was expended.
Land Acquisition for Affordable Owner-occupied Housing. Greater Iowa City Housing
Fellowship (GICHF) was allocated 8107,400 in FY97 HOME funds to purchase vacant
lots. Two lots were purchased for 848,000. They plan to build starter homes on these
lots and then sell the homes to low-income homebuyers. GICHF will retain ownership
25
of the land and lease the property to the home owner, keeping the home affordable
because the homeowner does not have to purchase the land.
B. Rehabilitation of the existing affordable housing stock
Due to the high cost of both owner-occupied and rental housing in Iowa City, the
maintenance of the affordable housing stock for low-income households is a high
priority .In FY97 approximately 8479,738 in CDBG and HOME funds were spent on
rehabilitation projects for owners and renters.
Owners. With the help of 829,400 in CDBG funds, the Elderly Services Agency
made small repairs for 48 elderly households and persons with disabilities. By
making these small repairs or accessibility modifications the homeowners are
able to continue residing in their home safely. The City of Iowa City used
approximately 8298,255 in CDBG and 8152,083 in HOME funds to complete
rehabilitation on 43 owner-occupied units. Numerous other projects are
underway. The City maintains a waiting list of eligible, low income households
who are in need of some type of rehabilitation. The Rehabilitation Program offers
comprehensive rehab, residential accessibility, emergency repair, exterior repair
and mobile home repair. Over the last few years the office has seen a large
increase in the number of applications for mobile home repair.
Renters. The Evert Conner Rights and Resources Center for Independent Living
realized that many tenants with a disability that are living in rental housing may
not afford the necessary modifications to make the unit accessible. Therefore,
the Conner Center applied for and was awarded 88,000 in CDBG funds to start
a rental rehab program for persons with disabilities. All of the funds have been
committed to projects, but only 831 was expended in FY97.
C. Support agencies that provide services to help people secure and stay in housing
Services to the homeless and to low income households have become increasingly
important because of the tight rental market in Iowa City. Through its CDBG program
and the allocation of General Funds the City provides support to human service
agencies offering housing and other services to low income and homeless people. In
FY97 the City used 8153,289 in CDBG and over 8300,000 in general revenue funds
for its Aid to Agencies program.
Services. The Mid-Eastern Council on Chemical Abuse used 825,235 in CDBG
funds, in conjunction with other funds, to provide services to 5,423 individuals
in need of comprehensive substance abuse prevention and treatment programs.
With 855,105 of CDBG assistance, the Elderly Services Agency provided
services to 1,681 elderly persons to help them remain in their homes.
LIFE Skills used 817,104 in CDBG funds to provide training in basic
household skills to 51 households; along with another local nonprofit they also
run a Tool Pool Project to enable low-income persons to borrow small tools for
home maintenance repairs.
The Emergency Housing Project, through its Early Bird Program, provided
supportive services to persons living in transitional housing. This program
works in conjunction with the SRO projects funded by the City. Tenants who
26
reside in the income "targeted" units must participate in this or some other
supportive service program.
The Furniture Project also received funding, 87,500 CDBG and $10,000 from
the City's Landfill account, for operational expenses. This project is designed to
provide homeless and other low income persons with furniture, since many of
them are moving out of one of the emergency shelters and do not have any
furnishings. A second benefit to the Furniture Project is that they collect and
distribute items that may have gone to the landfill. This recycling of the items
helps cut down the use of the landfill. The Furniture Project distributed 928
pieces of furniture to 193 households.
New Construction. The Neighborhood Centers of Johnson County was
allocated ~185,000 in CDBG funding to complete Phase II of their new facility
in the Pheasant Ridge neighborhood. This new facility offers services the low-
income neighborhood that include child care, youth programs and continuing
education.
Rehab#itation. The Iowa City Free Medical Clinic received ~62,776 in CDBG
funds to rehabilitate five exam rooms, the pharmacy, the waiting room\interview
area, and the file room. This was the first extensive renovation to the Clinic in
24 years. The Free Medical Clinic has over 6,000 patient visits a year.
Rent Assistance. The Iowa City Housing Authority received $ 85,510 in
HOME funds for the Tenant Based Rent Assistance Program which will provide
assistance for eleven households for up to 24 months. This project was
designed to coordinate housing with the other components of the Family
Self-Sufficiency program.
The City of Iowa City is also the administrative agent for federal Emergency Shelter Grant funds that
are passed through the State of Iowa. With $5,000 of Emergency Shelter Grant program funds and a
~ 10,000 local bank loan pool, the Greater Iowa City Housing Fellowship established a Security
Deposit Loan Program. In addition, the City of Iowa City administered another ~63,580 in Emergency
Shelter Grant funds for four local homeless providers (EHP, DVIP, HACAP and Youth Homes); these
funds were used for homeless prevention, rehabilitation and operational expenses.
D. Feasibility studies and planning
As a step to overcome the barriers to affordable housing, City staff coordinated a
community housing forum and began to prepare a document to address the affordable
housing needs in the community. In addition, a consultant was hired to prepare a
housing market analysis and staff completed a request for FY98 CDBG and HOME
funding for housing rehabilitation.
E. Summary
Overall the FY97 CDBG and HOME projects were successful. Both CDBG and HOME
projects, that target housing for low income persons, filled a need in the community
and provided a continuum of care (emergency housing, supportive services, transitional
housing, rent assistance and permanent housing opportunities).
27
APPENDIX A
DEVELOPMENT PROCESS
FY97 CONSOLIDATED PLAN PERFORMANCE REPORT
Planning and Community Development staff completed the FY97 Annual Performance Report (APR)
using the Comprehensive Housing Affordability Strategy (CHAS) guidelines, as per the direction of
HUD's Omaha Field Office (see Appendix D). This report utilized a number of resources including the
CDBG Grantee Performance Report, Emergency Shelter Grant report, and information collected from
local human service agencies.
A public comment period began on August 1§, 1997, when the draft of the APR was published and
distributed for public review and comment at specified public locations. An advertisement was placed
in the local newspaper, the Press-Citizen, on August 15, 1997, that notified the public of the public
hearing and availability of this APR, the CDBG Grantee Performance Report, the 1994 Supplemental
CDBG Grantee Performance Report, and the HOME Annual Performance Report.
The Housing and Community Development Commission held a public hearing to receive input on
August 21, 1997. Notice of this public hearing and opportunity to comment on the reports listed
above was also posted in the civic center, the public library and distributed to the media.
On August 22, 1997, a second notice of report availability and opportunity to comment was published
in the local newspaper, the Press-Citizen.
After the Housing and Community Development Commission held the public hearing they
recommended approval of this APR. On September 23, 1997, the City Council approved the APR for
submission to HUD. Public comments on this APR and the other reports listed above were accepted
from August 15, 1997, to September 23, 1997.
28
APPENDIX B
SUMMARY OF PUBLIC COMMENTS AND SUBSEQUENT ACTIONS TAKEN
At the August 21, 1997, Housing and Community Development Commission (HCDC) meeting a public
hearing on the FY97 APR was conducted. Comments received at the public hearing and all other
comments received prior to the close of the public comment period, on September 23, 1997, are
shown below.
Comment Action Taken
APPENDIX C
HUMAN RIGHTS COMMISSION
GENERAL RESPONSIBILITIES
The Iowa City Human Rights Commission enforces the Human Rights Ordinance, Title 2, Iowa
City Municipal Code. The Human Rights Ordinance is Iowa City's anti-discrimination law. The
law gives the Human Rights Commission the jurisdiction to investigate allegations of
discrimination in the areas of employment, credit transactions, education, public accommoda-
tions and housing. It is the mission of the Human Rights Commission to eradicate discrimina-
tion in Iowa City, based on age, color, creed, disability, marital status, national odgin, race,
religion, sexual orientation or gender identity. In the area of housing, discrimination based on
familial status, presence or absence of dependents or public assistance source of income is
also prohibited.
The Human Rights Ordinance gives the Commission the authority to enforce the law prohibiting
discrimination and upon a finding of probable cause, to conciliate an agreement between the
parties involved in a complaint. The Commission also has the responsibility of educating the
public on the various forms of discrimination that exist in the Iowa City area and protecting
citizens from unfounded charges of discrimination.
The Human Rights Commission is a quasi-judicial body composed of nine volunteer members
appointed by the City Council. Each member serves a three year term. Appointments to the
Human Rights Commission take into consideration men and women of various racial, religious,
cultural and socio-economic groups in Iowa City.
The Commission meets once each month at 7:00 p.m. in the lobby conference room in the
Civic Center. The meeting site is accessible to persons with disabilities.
ACCOMPLISHMENTS IN FISCAL YEAR '1997
Revised the Human Rights Ordinance to make the law substantially equivalent to the
Fair Housing Amendments Act. The changes in the law were made pursuant to
recommendations from the Department of Housing and Urban Development. The
revised Ordinance was passed by the City Council and became law on May 28, 1997.
The Ordinance was then sent to HUD for review.
Initiated film sedes to depict discrimination in its various forms.
"Gentleman's Agreement," dealt with anti-semitism.
The first film,
Human Rights Commissioners and representatives from the University met with Mr.
Frank Tribble from the Iowa Civil Rights Commission to discuss community diversity
teams. Organizational meetings are continuing.
A speech on local, state and federal disability law given to the Multiple Sclerosis
Support Group at Mercy Hospital.
Provided training on gender identity to employers and the Iowa City Police Department,
the Johnson County Shedff's Department, Campus Security, and the Coralville Police
Department.
29
10.
1'1.
12.
13.
14.
15.
16.
17'.
18.
19.
20.
Taped interviews with individuals participating in the Human Rights Commission's film
on gender identity.
Provided a seminar on discrimination to students in the University of Iowa School of
· Social Work.
Addressed students from City High School regarding discrimination and the law.
Attended National Transgender Conference to discuss gender identity protection under
Iowa City's Human Rights Ordinance.
Spoke to students at the University of Iowa Business School regarding discrimination.
Co-sponsored Martin Luther King celebration with the Iowa City/Johnson County Senior
Center and the Iowa Humanities Board.
The 13th Annual Human Rights Breakfast was held on October 10, 1996. Recipients
of this year's awards were Susanne Watson for individual contributions to human dghts
(the Isabel Turner Award), Cynthia Coffin, for individual contributions to human rights
in a service organization, and Goodwill for contributions made by a business to human
rights.
Created an additional Human Rights Award to honor the memory of Commissioner Rick
Graf who died of AIDs. The Rick Graf Award is given at the discretion of the
Commission to an individual, an individual in a service organization, or a business,
when the candidate has demonstrated an outstanding, long term commitment to a
specific cause or for the benefit of a specific group of people. The first recipient of this
award was Teresa Kopatich for her work in providing transitional housing for the
homeless.
Participated in Cultural Diversky Day at the University of Iowa.
Made recommendations to the Iowa City City Council regarding the City's Affirmative
Action Policy.
Requested the Iowa Civil Rights Commission discuss the issue of recommending to the
legislature the addition of sexual orientation to the protected categories in the Iowa Civ.il
Rights Act.
Attended HUD conference in Chicago re: mortgage lending discrimination.
Provided instruction on disability issues at LIFE Skills.
Provided three seminars on sexual harassment to an area business.
Participated in meetings held by a group of Iowa City citizens referred to as Human
Rights Iowa City. This group is attempting to make Iowa City a "Human Rights
Community."
30
21.
Participated in organizational meetings for celebration of the 50th anniversary of the
Universal Declaration of Human Rights in 1998.
22.
Addressed the public at the Gay, Bisexual, Transgender Pdde Parade regarding the
Iowa City Human Rights Commission's meeting with the ICRC on June 27, 1997 where
the Commission will request the ICRC recommend to the legislature that sexual
orientation be added to the State Civil Rights Act. Also provided information on
discrimination, the Iowa City Human Rights Commission, and Domestic Registry.
23.
Increased half time investigator position to full time in the Office of the Human Rights
Coordinator.
24.
The Human Rights Investigator and a Commission member attended training
conference in Des Moines. The training was sponsored by the Iowa Civil Rights
Commission.
25. New Commissioners attended training session conducted by the Human Rights
Coordinator.
26.
Fair Housing Public Seminar with speaker Carol Leach from the Iowa Civil Rights
Commission.
COMPLAINT ACTIVITY
Dudng the period of July 1, 1996 to June 30, 1997, nineteen (19) new formal discrimination
complaints were filed. Of the 19 complaints, 6 (31.5%) were complaints of disability
discrimination, four complaints (21%) alleged sex discrimination, three (15,7%) were complaints
of discrimination based on national origin, three (15.7%) were allegations of discrimination
based on sexual orientation, two (10.5%) were race based complaints. One (5%) complaint
alleged marital status discrimination.
The majority of the formal complaints, (17) of discrimination occurred in the employment setting
while the remaining complaints (2) alleged public accommodation discrimination. Three
housing complaints, (one alleging national odgin discrimination and two based on familial
status) were filed by the Iowa City Human Rights Commission and sent to the ICRC for
investigation. An additional complaint, outside the Iowa City jurisdiction, alleging employment
discrimination based on sex and disability was also sent to the ICRC for investigation.
COMPLAINT RESOLUTION IN FISCAL YEAR 1997
2.
3.
4.
5.
6.
7.
8.
Two right to sue letters issued.
Two withdrawals.
Three administrative closures.
Two predetermination settlements.
Four successful mediations.
Eight no probable cause decisions.
One probable cause decision.
One removal to state at Complainant's request.
TOTAL RESOLUTIONS = 23
31
PLANS FOR FISCAL YEAR 1998
1.
2.
3.
10.
11.
12.
13.
14.
Completion of transgender film for employers.
Premier of above-cited film for employers at public forum.
Presuming HUD certifies the Iowa City Human Rights Ordinance as substantially
equivalent to the Fair Housing Amendments Act, the Human Rights Commission will hire
a housing specialist to investigate complaints regarding housing discrimination.
Increased outreach on housing discrimination.
Commissioners will attend a training session at Iowa State Civil Rights Commission in
the Spdng of 1998 in Des Moines, Iowa.
Film series that depicts the various forms and types of discrimination will continue.
Advertisements will continue to be placed in the Daily lowan and other newspapers to
alert the public that housing discrimination is against the law.
Annual Human Rights Breakfast will be held on October 30, 1997 at 7:30 AM. The
scheduled speaker is Mary Sue Coleman.
Human Rights Commission will consider revising Human Rights Ordinance to include
Administrative Closure as an option when on its face, the complaint does not state a
claim for which there is a remedy.
Development of a Community Diversity Appreciation Team and/or Hate Crime Response
Team.
Continue to develop forums to educate public on discrimination issues.
Public speaking engagements will continue.
Consider fund raising activities.
COMMISSION MEMBERS
Patricia A. Harvey, Chair
Pamela (Mel) Dautremont
Tom Dickerson
Dereck A. Hall
Joan Jehle
Diane Martin
Ann K. Shires
Mary C. Theisen
Jan Warren
32
APPENDIX D
U.S. Department of Housing and Urban Development
Nebraska State Office
Executive Tower Centre
10909 Mill Valley Road
Omaha, Nebraska 68154-3955
March 6, 1997
MEMORANDUM FOR: All Community Development Directors
All State Program Managers
Subject: Performance Reports For 1996
Recently you were provided with a copy of instructions which were dated
December 5, 1996 entitled "Interim Performance Reporting for 1996 Consolidated
Plan Program Year." This information was intended primarily for grantees that
are currently using the IDIS system.
All other grantees are to report utilizing the same format that was used for
the 1995 reports, which included a Grantee Performance Report (GPR) for
Entitlement jurisdictions or a Performance Evaluation Report (PER) for States,
and a CHAS Annual Report for both States and Entitlement cities. Grantees should
also review sections 2 and 3 of the December 5th guidelines to assure that
narratives described in those sections are included in the report.
In addition, a HOME APR should be submitted for those cities/states
receiving HOME funds.
On February S, 1997 we sent, to all grantees receiving Emergency Shelter
Grants (ESG) Program funds, instructions indicating that the reporting
requirements contained in the December 20, 1988 Stokvis memorandum still apply
and should be used in submitting the 1996 ESG report.
All reports are due 90 days after the end of your program year.
If you have questions regarding these instructions please contact your
~Community Planning and Development Representative.
33
Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 97-315
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN REGARDING A SECOND
MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED
AT 1335 FIRST AVENUE, IOWA CITY, IOWA,
WHEREAS, on May 24, 1991 the property owners of 1335 First Avenue (Lot 5, Sycamore
View Subdivision), received a loan in the amount of ~ 13,000.00 from the City of Iowa City
to help finance their acquisition of said property from the City, and said loan was secured by
a second mortgage on said property; and
WHEREAS, these documents created a lien against the property; and
WHEREAS, the property has been sold to an income eligible first-time homebuyer and the City
will assist said buyer with the financing by providing a second mortgage in the same amount
as was provided to the original owner; and
WHEREAS, the original property owner's debt to the City will be paid off on or about October
1, 1997, when the sale of the property closes; and
WHEREAS, upon said closing and payment said lien will need to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 1335 First
Avenue, Iowa City, Iowa from the second Mortgage and Promissory Note, recorded on
May 28, 1991 in Book 1234, Page 268 through Page 272 of the Johnson County Recorder's
Office.
Passed and approved this 23rd day of September'
, 1 997.
CITY CLERK
City Attorney's Office
ppdcdbg\res\1335st.wp5
Resolution No, 97-315
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Tho~'nbe~m.y the Resolution be
AYES: NAYS: ABSENT:
X
_X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property legally described as follows:
Lot 5, Sycamore View, an addition to the City of Iowa City, according to the plat
thereof recorded in Book 31, Page 138, plat records of Johnson County, Iowa.
from an obligation of the property owners, Michael P. and Ellen L. Mattes, to the City of
Iowa City in the principal amount of $13,000 represented by a second Mortgage and
Promissory Note recorded on May 24, 1991, in Book 1234, Pages 268 through 272 of the
Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or
clouds upon title to the above property by reason of said prior recorded documents.
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~1.~ "---~ day of 5,~/~.-- ,A.D. 19 ¢-/ , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Naomi J.
Novick and Marian 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
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City .Council, as contained in Resolution No. ~'7~-~'~, adopted by the City
Council on the ~..4 ,,a. day ~0 .~,~¢,~ , 1 9 ¢'7 and that the said Naomi J.
Novick and Marian K. Karr as such 'officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab~13371st,rel
Notary Public in and for Johnson County, Iowa
Prepared
Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 5224(
356-5246
RESOLUTION NO.
RESOLUTION
TO ATTEST
MORTGAGE
AT 1337 FIRST
UTHORIZING THE MAYOR TO SIGN
RELEASE OF A LIEN REGAl
PROMISSORY NOTE FOR
IUE, IOWA CITY, IOWA.
CITY CLERK
A SECOND
LOCATED
WHEREAS, on May 24, 1991
View Subdivision), received a
to help finance their acquisition
a second mortgage on said
~e property owners o First Avenue (Lot 5, Sycamore
in the amount ol 3,000.00 from the City of Iowa City
;aid property f~ the City, and said loan was secured by
and
WHEREAS, these documents
ainst the property; and
WHEREAS, the property has been sold
will assist said buyer with the financil
as was provided to the original ow~
~n income eligible first-time homebuyer and the City
providing a second mortgage in the same amount
WHEREAS, the original pro
1, 1997, when the sale of th(
dc :to the City will be paid off on or about October
and
WHEREAS, upon said
and payment sai lien will need to be released.
NOW, THEREFORE, RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayol authorized to sign and ity Clerk to attest the attached Release
of Lien for recorda' whereby the City does rele ;e the property located at 1337 First
Avenue, Iowa from the second Mortgage Promissory Note, recorded on May
28, 1991 in Boc 1234, Page 268 through Page ~f the Johnson County Recorder's
Office.
Passed and )roved this day of , 1 997.
CITY CLERK
(
ppdcdbg\res\1337 lst.wp5
MAYOR
City Attorney's Office
Prepared by: Regina Schreiber, Senior Accountant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5088
RESOLUTION NO. 97-316
RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY
STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1997.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial
Report for City Streets and Parking report for the period beginning July 1, 1996, through June 30,
1997, be approved.
Passed and approved this 23rd day of September ,1997.
It was moved by Lehman
adopted, and upon roll call there were:
MAYOR
and seconded by
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Approved by
City Attorney's Office
Thornberry the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
finadm\res~stprkrep.doc
Form 220003
8-97
Iowa Department of Transportation
OFFICIAL FINANCIAL REPORT
for
CITY STREETS AND PARKING
City
County
Iowa City
Johnson
From July 1, 1996
to
June 30, 1997
I, ~ (.~...t,,,o) , city clerk of the City of Iowa City, Iowa ,
do hereby certify that the city council has by resolution approved this report as its official 1997 Fiscal Year
Street Finance Report this :~J day of ~ ,19 ~7.
Clerk's City Mailing Aadress 410 E. Washington St. Iowa City, Iowa
Clerk's Hours M-F 8:00 am - 5:00 pm Phone (319) 356-5041 ( )
(Work) (Home)
Preparer's Name Regina Schreiber Phone (319) 356-5088
52240
(Zip Code)
Mayor Naomi Novick
Mayor's City Mailing Address
410 E. Washington St.
Iowa City, Iowa
52240
(Zip Code)
Larry Baker
Karen Kubby
Ernest Lehman
Members ofthe Council
Dee Norton
Dean Thornberry
Dee Vanderhoef
On or before September 30, 1997, two copies of this report shall be filed with your Transportation Planner of the Iowa Department of
Transportation.
This report consists of RUT NUMBERS: (circle those included) 2 2A 2B 2C 2D
DISTRIBUTION: White and Yellow Copies - Transportation Planner; Pink Copy - City
aowa Depar men Transportation
800 Lincoln Way, Ames, IA 50010 515-239-1289
FAX 5'15-239-1828
Ref. No. 701.516
KM3
Subject: Road Use Tax Fund
Street Finance Report
SEP $ O' 1997
Dear City Clerk:
We acknowledge receiving the city's Street Finance Report for the period from July 1,
1996, through June 30, 1997, as required by the Code of Iowa, Chapter 312, Section 14. ·
This report, when combined with those submitted from other cities in Iowa, will provide
the Iowa Department of' Transportation and the Federal Highway Administration with a
documented record of street receipts and expenditures in Iowa cities.
Sincerely,
PRC:KM
Patrick R. Cain, Director
Office of Transportation Data
Planning and Programming Division
Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 319-356-5121
RESOLUTION NO. 97-317
RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSIST-
ANCE PROGRAM (CLAP) BUDGET AND DESIGNATION OF MAGGIE
GROSVENOR AS THE PROJECT OFFICER
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority
and the Department of Housing and Urban Development has authorized funding for 1997
Comprehensive Improvements Assistance Program (CLAP) funds; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Certificate, Voucher and Public
Housing Programs; and
WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City
would benefit from the Comprehensive Improvements Assistance Program funds; and
WHEREAS, Maggie Grosvenor is the Housing Administrator of the Iowa City Housing Authority.
and is the direct supervisor of the operations of the Iowa City Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said certifications and agreements (attached), and Budget to the Department of
Housing and Urban Development for ClAP funds.
The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest to the appointment of Maggie Grosvenor as the project officer.
The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the Depart-
ment of Housing and Urban Development.
Passed and approved this 23rd day of
,1997.
C. IT'~' CLERK
Approved by
City Attorney's Office
hisasst\ciapbudg,res
Resolution No. 97-317
Page ?
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
The following resolution was introduced by the Mayor
; read in full and considered;
HUD.9014
(I I,,68)
RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM
(CIAP) BUDGET AND DESIGNATION OF MAGGIE GROSVENOR AS THE PROJECT
OFFICER
C0unci 1 Member Lehman moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by Counci 1 Member Thornberry
, and upon roll call the "Ayes" and "Nays" were as follows:
AYES NAYS
Baker
Kubby
Lehman
Norton
Novick
THornberry
Vanderhoef
The Mayor
said resolution adopted.
thereupon declared said motion carried and
There being no further business to come before the meeting upon motion duly made
and seconded, the meeting was adjourned.
Acting on behalf of the City Council of the City of Iowa City, as its Mayor, I make the
following certifications and agreements to the Department of Housing and Urban Development
(HUD):
The Housing Authority (HA) will comply with all policies, procedures, and requirements
prescribed by HUD for modernization, including implementation of the modernization
in a timely, efficient, and economical manner;
The HA has established controls to ensure that any activity funded by the ClAP is not
also funded by any other HUD program, thereby preventing duplicate funding of any
activity;
The HA will not provide to any development more assistance under the ClAP than is
necessary to provide affordable housing, after taking into account other government
assistance provided;
The proposed physical work will meet the modernization and energy conservation
standards under 2z~ CFR 968.115 or 24 CFR 950.610;
The HA will comply with applicable non-discrimination and equal opportunities
requirements under 2z~ CFR 5.105(a) or 24 CFR 950.115;
The Public Housing Authority (PHA) will take appropriate affirmative action to award
modernization contracts to minority or women's business enterprises under 24 CFR
5.105(a) or 2z~ CFR 950.115(e); or the Iowa Housing Authority (IHA) will, to the
greatest extent feasible, give preference to the award of modernization contracts to
Indian organizations and Indian-owned economic enterprises under 24 CFR 950.175;
The HA has provided HUD or the responsible entity with any documentation that the
Department needs to carry out its review under the National Environmental Policy Act
(NEPA) and other related authorities in accordance with 24 CFR 968.110(c), (d) and
(m) or 24 CFR 950.120(a), (b), and (h);
The HA will comply with the wage rate requirements under 24 CFR 968.110(e) and
(f) or 24 CFR 950.120(c) and (d);
The HA will comply with the relocation assistance and real property acquisition require-
ments under 24 CFR 968.108 or CFR 950.117;
10.
The HA will comply with the requirements for physical accessibility under 24 CFR
968.110(a) or 2z~ CFR 950.115(d);
11.
The HA will comply with the requirements for access to records and audits under 24
CFR 968.1z~5 or 2z~ CFR 950.120(e);
12.
The HA will comply with the uniform administrative requirements under 24 CFR
968.135 or 24 CFR 950.120(f);
13.
The HA will comply with lead-based paint testing and abatement requirements under
24 CFR 968.110(k) or 24 CFR 950.120(g);
14,
The HA has complied with the requirements governing local/tribal government and
resident participation in accordance with 24 CFR 968.210(b) and 968,215 or 24 CFR
950.630(b) and 950.632 and has given full consideration to the priorities and concerns
of local/tribal government and residents;
15.
The HA will comply with the special requirements of 24 CFR 968.102 or 24 CFR
950.602 with respect to a Turnke~f III development; and
16.
The PHA will comply with the special requirements of 24 CFR 968,101(b)(3) with
respect to a Section 23 leased housing bond-financed development,
~;~ ~, ~/~'~ September 23, 1997
Na6mi J ~.~1ovl(c k Date
Mayor
hisasst\hudcertif HUD Form - 52820 (10/96)
CERTIFICATE OF RECORDING OFFICER
-68)
I, Marian K. Karr , the duly appointed, qualified
and acting City Clerk of Iowa City
Iowa , do hereby certify that the attached extract from the
minutes of the regular meeting of the City Council
of the City of Iowa City , held on September 23, 1997
is a true and correct copy of the original minutes of such meeting on file and of
record in so far as they relate to the matters set forth in the attached extract,
and I do further certify that each Resolution appearing in such extract is a true
and correct copy of a Resolution adopted at such meeting and on file and of record.
IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said
City of Iowa City this 24th day of September , 19 97.
(SF~t)
11-68)
EXTRACT FR(N~I NINUTES OF MEETING
EXaCT FRO~ T~ ~Fo~ES OF ^ REGULAR
~m~Na oF ~m~ CITY COUNCIL
oF ~,~ CITY OF IOWA CITY, IOWA
mind oN ~m 23RD gA~ oF SEPTEMBER
, 19. 97
me City Counci 1 o~ the
met in regular
Council Chambers, 410 East Washington Street
Iowa City , Iowa
and date duly established for the holding of such meeting.
T~e Mayor
following answered present:
Thornberry, Vanderhoef.
City of Iowa City
meeting at
in the City of
, at the place, hour,
called the meeting to order and on roll call the
Baker, Kubby, Lehman, Norton, Novick,
and the following were absent: None
Mayor declared a quorum present.
******************
233978-P
GENERAL CERTIFICATE
I, Marian K. Karr, DO HEREBY CERTIFY as follows:
That I am the duly appointed, qualified and acting City Clerk of the City of Iowa City
(herein called the "Local Agency"). In such capacity, I am custodian of its records and
am familiar with its organization, membership and activities.
That the proper and correct corpo.rate title of the Local Agency is 'the City of Iowa
City, Iowa.
e
That the City of Iowa City, Iowa, was duly created pursuant to the authority of the
constitution and statutes of the State of Iowa, including particularly, the Act of
Legislation in the laws of Iowa of 1838-1839 at page 435, and was duly recognized
on the 4th day of July, 1839; and since the date of its organization, the Local Agency
has continued to exist without interruption in the performance of its public corporate
purposesl
That the names and dates of election or appointment and the dates of the beginning
and ending of the terms of office of the members of the governing body of the Local
Agency and of its principal officers are as follows:
NAMES & OFFICE(S)
DATE OF
ELECTION OR
APPOINTMENT
DATE OF COM-
MENCEMENT OF
TERM OF OFFICE
DATE OF EXPIRA-
TION OF TERM
OF OFFICE
Naomi J. Novick
Mayor
Council Member
Er. nie Lehman
Mayor Pro tern
Council Member
Larry Baker
Council Member
Karen Kubby
Council Member
Dee W. Norton
Council Member
Dean Thornberry
Council Member
Dee Vanderhoef
Council Member
Stephen J. Atkins
City Manager
Linda Newman Woito
City Attyo
Marian K. Karr
City Clerk
1/4/96
11/2/93
1/4/96
11/2/93
11/2/93
11/7/95
11/7/95
11/7/95
11/7/95
6/17/86
4/17/9O
4/12/83
1/4/96
1/2/94
1/4/96
1/2/94
1/2/94
1/2/96
1/2/96
1/2/96
1/2/96
6/17/86
4/17/9O
4/12/83
1/2/98
1/2/98
1/2/98
1/2/98
1/2/98
1/2/00
1/2/OO
1/2/00
1/2/00
Indefinite
Indefinite
Indefinite
Each of the above-named officers required to do so has duly taken and filed his oath
of office and each of them legally required to give bond or undertaking has filed such
bond or undertaking in form and amount as required by law and has otherwise duly
qualified to act in the official capacity above designated and each is the acting officer
holding the respective office or offices stated beside his/her name.
None of the above-named officers is ineligible to hold or disqualified from holding, under
the provisions of applicable law, the respective office, specified above, which he/she
holds.
None of the above-named Councilpersons is an officer or employee of the City of Iowa
City.
Since December 17, 1985, there have been no changes in or amendments to the
charter, by-laws, ordinances, resolutions or proceedings of the Local Agency with
respect to:
a) The time and place of and other provisions concerning regular meetings of the Local
Agency;
b) The provisions conceming the calling and holding of special meetings of the Local
Agency and the business which may be taken up at such meetings;
c) The requirements concerning a quorum;
d) The manner in which the charter or by-laws of Local Agency may be amended;
e) The requirements regarding the introduction, passage, adoption, approval and
publication of resolutions, ordinances or other measures, relating to the approval
and execution of contracts and the authorization, award, execution or issuance of
bonds, notes or other obligations of the Local Agency;
f) The officers required to sign, countersign, or attest contracts, bonds, notes or other
obligations of the Local Agency;
g) The office of the Local Agency; or
h) The seal of the Local Agency.
On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa
City, Iowa. Said Charter was passed according and pursuant to State law.
The seal impressed below, opposite my signature, is the duly adopted, proper and only
official corporate seal of the Local Agency.
IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of
the Local Agency this day of , 19
M~A~IAN K. KARR
CITY CLERK
clerk\gencert
Certification for
a Drug-Free Workplace
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0044 (exp. 12/31/99)
OMB No. 2577-0157 (exp. 12/31/99)
The public reporting burden for this collection of tnformatio~ is estimated to average 0,25 hours per response, including the time for gathering the Information,
corn pieling and reviewing the collection of Information, completing HU D forms, and reporting. Send comments regarding this burden estimate or any other aspect
el this collection of information, Including suggesllons for reducing the burden to the Reports Management Officer, Paperwork Reduction Project (2577-0044 and
0157), Office of Information Technology, U.S. Deparlment of Housing and Urban Development, Washington, D.C. 20410-3600. This agency may not collect this
Information, and you are not required to complete this Iorm unless tt displays a currently valid OMB control number.
Do not send this !grin to the above address.
This collection of in formation requires that each Housing Authority (HA) certily to the provisions of a drug-free workplace as a condifi on of assistance. Responses
to the collection are required by the Drug-Free Workplace Act of 1988. The information requested does not lend itself to confidentiality.
HA Nanle:
IOWA CITY HOUSING AUTHORITY
Program/Activity Receiving Federal Grant Fund{ng: (mark one)
["-IOperatlngSubsidy F-]Sec.23LeasedHousing I--1Developmerl, [~]ClAP F-1CGP F-]HOPEVl~Other,specify)
II Operating Subsidy or Section 23, II Development, CLAP, CGP, HOPE VI, or
enter the HA's FiscalYear Ending date Other, enler Ihe Federal Fiscal Year in 1 9 9 7
in which [unds are expected Io be obligated: which the funds are expected to be reserved:
Acting on behalf of the above named HA as its Authorized Official, I make the following certifications and agreements to the Department
of Housing and Urban Development (HUD) regarding the sites listed below:
1. I certify that the above named HA will provide a drag-free workplace by:
a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the HA's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition.
b. EstabUshing a drug-freeawareness program to inform employ-
ees about the following:
(1) The dangers of drug abuse in the workplace;
(2) The HA's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and em-
ployee assistance programs; and
(4) The penalties that may be imposedupon employees for drug
abuse violations occurring in the workplace.
c. Making itarequirementthateachemployeeoftheHAbegiven
a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by paragraph
a. that, as a condition of employment with the HA, the em-
ployee will do the following:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminaldrug statute conviction
for a violation occurring in the workplace no later than five
days after such conviction;
e. Notifying the HUD Field Office within ten days after receiving
notice under subparagraph d. (2) from an employee or other-
wise receiving actual notice of such conviction;
f. Taking one of the following actions within 30 days of receiving
notice under subparagraph d. (2) with respect to any employee
who is so convicted:
(1) Taking appropriate personnel action against such an em-
ployee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs a. thru f.
2. Sites for Work Performance. The HA shall list in the space provided below the site(s) for the performance of work done in connection with the HUD funding of
the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. (If more space is needed, attach additional
page(s) the same size as this form. 'Identify each sheet with the HA name and address and the program/activity receiving grant funding.)
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/o{'civil penalties. (18 U.S.C. 1001,1010, 1012; 31 U.S.C. 3729, 3802)
Nome, Title & Signature of Authorized HA Official & Date:
NAOMI J.,/NO. VICK, MAYOR
form HUD-50070 (10/96)
ref. Handbooks 7417.1, 7475.13, 7485.1 & .3
Comprehensive Improvement Assistance
Program (CLAP) Amendment
to (form HUD-53012) the Consolidated Annual Contributions Contract
U.S. Department of Housing
and Urban Development
Office of Pub{ic and Indian Housing
APPF/~DIX 12
Whereas, (Housing Authority) IOWA CITY HOUSING AUTHORITY
(herein called the "HA")
and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual
Contributions Contract(s) (ACC) Number(s)
KC-9166
dated 10/18/85 :
Whereas, HUD has agreed to provide CIAP assistance, upon execution of this Amendment, to the HA in the amount to be specified below
for the purpose of assisting the HA in £mancing improvements to the physical condition of existing public/Indian housing developments and
upgrades to the management and operation of such developments in order to ensure that such developments continue to be available to serve
low-income families:
$ 324,000 for Fiscal Year 19 97: to be referred to under Modernization ProJect Number IA05P02290397
HA Tax Identification Number (TIN) 42-600-4805
Whereas, HUT) and the HA are entering into 'd-ds CIAP Amendment Number #18
Now Therefore, the ACCs are amended as follows:
1. The ACCs are amended to provide ClAP assistance in the amount
specified above for modermzation of HA developments (includ-
ing section 23 leased-housing bond financed, Mutual Help and
Turnkey liD. This amendment is a part of the ACCs.
2. The modemNation work shall be carried out in accordance with
all HUD regulations and other requirements applicable to the
Comprehensive Improvement Assistance Program.
3. I.n accordance with the HUD regulations, the CIAP Budget has
been adopted by the HA and approved by HUD, and may be
amended from time to time. The modernization work shall be
carried out as described in the CIAP Budget.
4. Subject to the provisions of the ACCs, and to assist in the
modernization, HUD agrees to disburse to the HA from time to
time as needed, up to the amount of funding assistance specified
above.
5. The HA shall continue to operate each development (for section
23 leased-housing bond Financed, after the expiration of the
respective lease terms, the HA shall continue to operate each
development) as low-income housing in compliance with the
ACCs, as amended, the United States Housing Act of 1937 (the
"Act") and all HUD regulations and requirements for a period of
twenty years after the last disbursement of CIAP assistance.
However, the provisions of Section 7 of the ACC shall remain in
effect for so long as HUD determines there is any outstanding
indebtedness of the HA to HUD which arose in connection with
any development(s) under the ACCs and which is not eligible for
forgiveness, and provided further that. for a period of ten years
following the last payment of operating subsidy to the HA. no
disposition of any development covered by this amendment shall
occur unless approved by HUD.
If the HA does not comply with any of its obligations under this
Amendment, HUD may direct the HA to terminate all work
described in the CIAP Budget. In such case, the HA shall only
incur additional costs with HUD approval.
Implementation or use of fi.mding assistance provided under this
Amendment is subject to attached conditions.
(marl< one): [] Yes [~ No
The HA acknowledges its responsibility for adheren6e to this
Amendment by subgrantees to which it makes funding assistance
hereunder available.
The parties have caused this Amendment to be effective as of the date of execution on behaff of the United States, as stated below.
U,S. Department of Housing'and Urban Development HA Executive Director
By: Date: By: Dale:
Tille:
~,,~: kNAOM It-/d
i'orm HUD-53009-A (8/95)
Page 1 el' I rei' Handbook 7485.1
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 97-318
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER
MAIN, STORM SEWER AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH-
WEST ESTATES - PART 6, 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 Southwest Estates -
Part 6, as constructed by Dav-Bar, Inc. of Iowa City, Iowa.
Paving improvements for Southwest Estates - Part 6, as constructed by Streb
Construction Co., Inc. of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Engineer's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 23~'d day of September'
, 1 997.
pweng\res\SWest6.wp5
MAYOR
Approved by
'City A~~
Resolution No, 97-318
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
September 17, 1997
Honorable Mayor and City Council
RE: Southwest Estates - Part Six
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, water main, storm
sewer, and paving improvements for Southwest Estates - Part Six have been
completed in substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required maintenance bond is
on file in the City Clerk's office for the paving improvements constructed by Streb
Construction Co., inc:. of Iowa City, iowa. A certificate of deposit is on file with
the Finance Department for the sanitary sewer, storm sewer, and water main
improvements constructed by Day-Bar Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 356-5009
ENGINEER'S REPORT
CITY
I0 WA CITY
Se 1997
Honorable Ma' and City Council
RE: Southwest - Part Six
Dear Honorable Mayor Council
I hereby certify that the constrt
sewer, and paving '
completed in substantial accord~
Engineering Division of the
are on file in the City Clerk's
water main improvements
the paving improvements
City, Iowa.
the sanitary sewer, water main, storm
Southwest Estates - Part Six have been
with the plans and specifications of the
City. The required maintenance bonds
~e sanitary sewer, storm sewer, and
Dav-Bar Inc. of Iowa City, Iowa and for
~nstructed by treb Construction Co., Inc. of Iowa
I recommend that im
of Iowa City.
;ments be accepted by the City
Sincerely,
Richard A. P.E.
City Engi
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * (319) 356-5009
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 97-319
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN ADDITIONAL SANITARY SEWER EASEMENT AGREEMENT FOR
SADDLEBROOK ADDITION, PART-I, CITY OF IOWA CITY, IOWA.
WHEREAS, upon construction of the public improvements serving Saddlebrook Addition, Part
I, the sanitary sewer line as installed did not precisely follow the original sanitary sewer
easement granted to the City for Saddlebrook Addition, Part I; and
WHEREAS, it is necessary for the owners of Saddlebrook Addition, Part I to grant additional
easements for those areas not shown on the final plat; and
WHEREAS, the proposed Sanitary Sewer Easement expands the original easement area
granted to the City to include the area of actual installation; and
WHEREAS, the City Council deems it in the public interest to enter into a sanitary sewer
easement agreement concerning that area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Mayor is hereby authorized to sign and the City Clerk to attest the attached
.Sanitary Sewer Easement Agreement for Saddlebrook Addition, Part I, between the
Owner and the City, upon direction by the City Attorney.
The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached
Sanitary Sewer Easement Agreement and plat thereof at the expense of Lake Calvin
Properties.
Passed and approved this 23r'd day of September'
· 1 997.
MAYOR
ATTEST:
090397
SANITARY SEWER EASEMENT AGREEMENT
SADDLEBROOK ADDITION PART 1
THIS AGREEMENT, made and entered into by and between Lake Calvin
Properties, an Iowa General Partnership, (Owner) which expression shall
include its successors in interest and assigns and the City of Iowa City, Iowa
(the City), which expression shall include its successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, Owner hereby grants and conveys to the City an
exclusive easement for the purposes of excavating for and the installation,
replacement, maintenance and use of such sewage lines, pipes, mains, and
conduits as the City shall from time to time elect for conveying sewage, with all
necessary appliances and fittings for the use in connection with said pipe lines,
together with adequate protection therefor, and also a right of way, with the right
of ingress and egress thereto, over and across the area described in Exhibit "A"
attached hereto, such area referred to herein as "easement area."
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof, and
to extend the cuts and fills for such grading into and onto said lands along and
outside of the said easement areas, to such extent as the City may find
reasonably necessary.
2. The right from time to time to trim, to cut down and clear away any and
all trees and brush on said easement area, and also to trim, cut down and clear
away any trees on either side of said easement areas which now or hereafter in
the opinion of the City may be a hazard to said easement areas or which may
interfere with the exercise of the City's rights hereunder in any manner.
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within the easement area. The City shall indemnify
Owner against unreasonable loss or damage which may occur in the negligent
exercise of the easement rights by the City. Except as expressly provided
herein, the City shall have no responsibility for maintaining the easement area.
090397
Owner reserves the right to use said easement areas for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence or other
structure, plant any trees, drill or operate any well, or construct any reservoir or
other obstruction on said area, or diminish or substantially add to the ground
cover over said easement areas.
Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and it has have a good and lawful
right to convey it, or any part thereof.
Trees and fences may be placed in the easement areas upon approval of
the City. Fences or trees placed in the easement areas, with or without City
approval, may be removed by the City without obligation for compensation or
replacement.
Nothing in this Agreement shall be construed to impose a requirement on
the City to install the original public improvement(s) at issue herein. Nor shall
Owner be deemed acting as the City's agent during the original construction and
installation of said improvement(s). Parties agree that the obligation to install
the public improvement(s) herein shall be in accordance with City specifications,
and the obligation shall remain on Owner until completion by Owner, and until
acceptance by the City, as provided by law.
The easement rights herein are exclusive of other utilities and uses.
However, other utilities may cross the easement at right angles.
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective Parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
Dated this
~'- day of September, 1997.
LAKE CALVIN PROPERTIES
J~s R. Miller,
090397
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 4'~Jl~ day of September, 1997, before me, the
undersigned, a Notary Public in and for said County and State, personally
appeared James R. Miller to me personally known, who being by me duly sworn,
did say that he is one of the partners of Lake Calvin Properties, a partnership,
and that the instrument was signed on behalf of the partnership by authority of
the partners; and the partner acknowledged the execution of the instrument to
be the voluntary act and deed of the partnership, by it and by the partner
voluntarily executed.
Notaryan
and for said State o¢ Iowa
*¢2~¢ JiLL A. NOBLE
¢j~My Commission Expires
row^ October 29, 1999
CITY OF IOWA CITY, IOWA
Naob~i No iVjCk,
ATTEST:
lerk
O9O397
STATE OF IOWA
JOHNSON COUNTY
ss:
On this ~.5 "~-j'"- day of September, 1997, before me, the undersigned,
a Notary Public in and for the State of. Iowa, personally appeared Naomi Novick
and Marian K. Karr, to me personally known, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, ~3f the City of Iowa City,
Iowa, executing the within and foregoing instrument; that the seal attached
thereto is the seal of said corporation by authority of its City Council; and that
the said Mayor and City Clerk acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily
executed.
Notary Public in and for said State of Iowa
090397
EXHIBIT "A"
SANITARY SEWER EASEMENT
Commencing at the Northwest corner of Lot 4, Saddlebrook Addition, Part 1 as
recorded in Plat Book 37, page 94, Of the Johnson County Recorder's records;
thence S00°09'02"E - 189.89 feet along the west line of said Lot 4 to the Point of
Beginning of the Sanitary Sewer Easement; thence S89°50'38"E - 30.28 feet;
thence S00°09'22"W - 37.53 feet to a point on the existing sanitary sewer
easement; thence N83°28'59"W - 30.28 feet along said existing easement;
thence N00°09'02"W - 34.17 feet to the Point of Beginning.
5
N
,$ANITAI~¥ 5EUJE~I EA6EMENT
LEC~AL DESC, f~IPTION:
Commencing at bhe NorbhHe5tc corner oF Lob 4, 5addlebrook
Addition, Port I ~ recorded In Pl~b Book ~q I
P~ge q4 oF ~h¢ dohneon Counb~ Leoorder'5 reoords¢ 0
line o~ eold Lot 4 ~o ~h¢ Point o~ Beginning
~hcnoe 500~0~'22"~ - ~q.~ ~ee~ ~o o polnb on ~h¢
~xlsbln~ sonlb~r~ se~r ~os~m~n~;
~hcnc¢ NS~*28'5q"H - ~0.28 ~¢¢~ ~1on9 sold ¢xls~In9 ¢osemcn~¢
~hence NO0~ Oq'O2"H - B4.1~ ~ee~ bo bhe Poln~ of Bcglnnln¢.
Point oF
Beginning
NOOoOq'O2"H
54.1-/'
Polnt ot= C, ommencemenb
NH Corner Lob 4
ddlebrook, Addition Part I
-PRIVATE
5AN. HH~L4-1
SAN
SE~E:.R
HH~L.4-1A~
SAN.~ 50' Hide
HH.~I Sanlbor~ Sewer I
Easement '_..._.z.---~I
I
I
TITLE SOALE
1"=50'
~~~A~ 5~NITA~% 5E~ER EASEMENT
~-22-q~
SURVEYING AND ENGINEERING
PROJECT
535 SOUTHGATE AVENUE 5A~LEE~RO0~ ~ITION
IOWA Cid, IOWA 52240 P~T 1
PHONE (319) 35~-1984 I0~ CITY, IO~A I oF~
I I
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 97-320
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A STORM SEWER EASEMENT, SANITARY SEWER
EASEMENT, AND INGRESS AND EGRESS EASEMENT, LOCATED IN THE FIRST
AVENUE HY-VEE FOOD STORE DEVELOPMENT, AND TO APPROVE AND
EXECUTE SUBSTITUTED STORM SEWER, SANITARY SEWER AND INGRESS AND
EGRESS EASEMENT AGREEMENTS AND A PUBLIC WALKWAY/TRAIL
EASEMENT AGREEMENT FOR THE SAME PROPERTY
WHEREAS, the City currently possesses storm sewer, sanitary sewer, and ingress and egress
easements on the site of the new First Avenue Hy-Vee Food Store Development, Iowa City,
Iowa; and
WHEREAS, the redevelopment of the former Towncrest Mobile Home Park pursuant to the Hy-
Vee site plan required the installation of new public improvements and the reconfiguration of
existing easements to match said improvement installation; and
WHEREAS, Public Works has recommended the release of the existing sanitary sewer, storm
sewer and ingress/egress easements, and has recommended the execution of the substituted
sanitary sewer, storm sewer, and ingress/egress easement agreements to conform to the public
improvement construction, as well as the execution of a Public Walkway/Trail Easement
Agreement and the acceptance of dedicated right-of-way for the same property; and
WHEREAS, as the City does not have the ability to affect any rights granted to the utilities via
original Utility Easement Agreements, any such releases by the City will not affect those rights;
and
WHEREAS, the owners have agreed to enter into the substituted Sanitary Sewer, Storm Sewer,
and Ingress/Egress Easement Agreements, as well as the Public Walkway/Trail Easement
Agreement, and have dedicated right-of-way along the same property; and
WHEREAS, it is in the public interest to release the existing Sanitary Sewer, Storm Sewer, and
Ingress/Egress Easements to conform to the actual construction of improvements and to
execute the Public Walkway/Trail Easement Agreement and accept the dedicated right-of-way
for the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Resolution No. 97-320
Page 2
The City Council finds it is in the public .interest to release the existing Sanitary Sewer,
Storm Sewer, and Ingress/Egress Easements to conform to the actual construction of
improvements on the former Towncrest Mobile Home Park site pursuant to the
redevelopment plans for the new First Avenue Hy-Vee Food Store, and to execute the
substituted Sanitary Sewer, Storm Sewer, and Ingress/Egress Easement Agreements
and the Public Walkway/Trail Easement Agreement for the subject property, which are
incorporated by this reference herein and are hereby approved as to form and content.
Additionally, the City Council finds it is in the public interest to accept the dedication of
right-of-way along the subject parcel by Quit Claim Deed to the City of Iowa City.
The City of Iowa City does hereby release and relinquish its rights in the Sanitary
Sewer, Storm Sewer, and Ingress/Egress Easements described in the attached Exhibits
"A", "B" and "C" attached hereto and incorporated by reference herein. Further, the
mayor is hereby authorized to sign, and the City Clerk to attest, the release of said
easements.
The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached Exhibits,
the attached releases, and the attached Sanitary Sewer, Storm Sewer, Ingress/Egress,
and Public Walkway/Trail Easement Agreements, said recording costs to be paid by the
owners of said property.
It was moved by Lehman and seconded by
be adopted, and upon roll call there were:
Thornberry
the Resolution
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Passed and approved this 23rd day of
September , 1997.
City At't rney- e.., . '"
ATTEST:
¢'
K
EXHIBIT A
Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 3i9-356-5030
RELEASE OF SANITARY SEWER EASEMENT
The City of Iowa City, Iowa, does hereby release the property depicted on the attached
"Sanitary Sewer Easement Release" plat attached hereto as Exhibit "A" and as .legally
described on said plat attached hereto as "Release Unrecorded Sanitary Sewer Easement" and
"Release 10' Sanitary Sewer Easement", which plat and legal descriptions are incorporated
herein by this reference, from a lien or cloud upon the title placed thereon by the easement
granted to the City. The recorded easement is originally shown on the Plat of Survey recorded
in Plat Book 36, Page 346 of the records of the Johnson County Recorder's Office. Said
easements as specifically depicted and legally described in Exhibit "A" are hereby released.
The City retains all other easements shown on said Plat of Survey not released by this
document.
CITY OF IOWA CITY, IOWA
NaomiLJ. No~ck,Mayor
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~23 ~¢[day of Se~lu~m&~_¢ , 1997 before me, the undersigned, a Notary Public
inmd for said C~uun~y, in said Slate, personally appeared Naomi J. Novick and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the 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 municipal corporation by authority of City council of said municipal
corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of Iowa
LU
LEGEND AND NOTES
RELEASE
UNRECORDED SANITARY
SEWER EASEMENi
Beginning eL o point which lies S00'52'W, 71.7 tee[ of
the Sourhoes[ Corner of Lersen'~ Addition to Iow'o Cit>',,
Thence N25'41'E, 171.2 feet; Thence N70'39'E, 91.,39
feel, Io the Point of Beginning of on unknown Sonitory
Sewer Eosement of unknown width; 3hence R06°sg'29'E,
otong the Centerline of fhe unknown Sanfiery Sewer
Eosomenl, 91.99 fool. to 1he Point of Termination.
RELEASE 10' SANITARY SEWER EASEMENT
Beginning oto point which lies S. O' 52' W., 7f.7 (eel of' fhe Sou[hoes[ Corner
of Lotsoh's Addition to lewd City, with o centerline described a,~ follows;
Thence N. 25' 41' E., 171.2
l~ence N. 70' 39' E., 206.2 feet to o point. which lies 102.8 feet.
16' W. of Port 2 of the Courl Hill Addition t.o lewd City;,
Aa recorded in Book 278. ot P<3ge ,376. o~ the records o! the Johnson
County Rocorder's Office.
I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION. AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
· '. :. , '. ',rJ '!~,~:\
.! , :t ~ ,'~.',!..:'.', ;: 0 ~
"'L .'::' ...... % ..'~
% '~,.~,~' ,.¢,. IOWA.
Glen D. Meisner L,S. A P.E. Lic, No. 8165 DATE
MY LICENSE EXPIRES, DECEMBER 31. 19Z~.
Cl~ ]lY-~g ~2 ] SIGNE~BEFORE ME THIS /' DAY OF.J<~/-~-
EASEMENT ~4; EASEMENT RELEASE ' '
ER OF RECORD: HY-VEE FOOD STORES, INC, NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA
~ ~ z ~ PerL of Lhe N~ [/4 Sec [3-~gN-R6W
' Designed b~ Drawn b~ Cho~ked~ ~PER IC
~ ~ IO~A CITY, IOWA
~ ~, , ~ KJB KJB GOM
C:~0200~0226015X, 022~lSH4 11-15-96 7:57:~.3 om Es'r
:XHIBIT "A"
EXHIBIT B
Prepared by: Sarah E. Holecek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RELEASE OF STORM SEWER EASEI~ENT
The City of Iowa City, Iowa, does hereby release the property depicted on the attached "Storm
Sewer Easement Release" plat attached hereto as Exhibit "A" and as legally described on said
plat attached hereto as "Storm Sewer Release Easement", which plat and legal description are
incorporated herein by this reference, from a lien or cloud upon the title placed thereon by any
easement granted to the City. This easement is originally shown on the Plat of Survey
recorded in Plat Book 36, Page 346 of the records of the Johnson County Recorder's Office.
Said easement as specifically depicted and legally described in Exhibit "A" is hereby released.
The City retains all other easements shown on said Plat of Survey not released by this
document.
CITY OF IOWA CITY, IOWA
Naomi (.,J. No i~k,
Marian K. l(arr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~33 "/-day of ~,~L,,.,.~¢ ,.., i 997 before me, the undersigned, a Notary Public
inmd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the 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 municipal corporation by authority of City council of said municipal
corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of Iowa
1'-100'
LEGENC) AND NOTES
pOINT OF
I HEREBY CERTIFY ~HAT THIS PLAT, MAP, SURVEY DR
REPORT WAS PR£PN;IED BY HI, OR UNDER MY OIRECT
SUPER~SI~, AND THAT IAM A DULY LICENSEO
L~D SUR~YOR UND~ ~E LA~ OF ~IE STA~ ~
IOWA,
~P. _~,~ ~-~ ,,~
Glen D, Meimer ~S. & P,E, Lfc, NO, ~165 gATE
MY LICENSE EXPIRES, DECEMBER bl, 1g~7.
SIG~EO 8EFORE klE ~iS~OAY O~19~
NOTARY PUSUC, [~ ~NO F~ ~ 51ALE OE IO~A
EXHIBIT "A"
EXHIBIT C
Prepared by: Sarah E. Holecek, Asst. City Atty., 4i0 E. Washington St., Iowa City, IA 319-356-5030
RELEASE OF INGRESS AND EGRESS EASEMENT
The City of Iowa City, Iowa, does hereby release the property depicted on the attached "Ingress
and Egress Easement Release" plat attached hereto as Exhibit "A" and as legally described
on said plat attached hereto as "Ingress and Egress Easement Release", which plat and legal
description are incorporated herein by this reference, from a lien or cloud upon the title placed
thereon by any easement granted to the City. The recorded easement is originally shown on
the Plat of Survey recorded in Plat Book 36, Page 346 as well as by Warranty Deed as
recorded in Book 1494, Page 76 of the records of the Johnson County Recorder's Office. Said
easement as specifically depicted and legally described in Exhibit "A" is hereby released.
The City retains all other easements shown on said Plat of Survey not released by this
document.
CITY OF IOWA CITY, IOWA
BY:
Naomi(,J. Nov c~,
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~*~"day of ~,~,,~¢~,- , 1997 before me, the undersigned, a Notary Public
inmd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the 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 municipal corporation by authority of City council of said municipal
corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed.
Notary Public in and for the State of Iowa
MUSCATINE
EXHIBIT "ACS- 1"
INGRESS AND EGRESS EASEMENT RELEASE
Beginning at o point 33' North ond 332.52' [as[ o~' the Southwest Corner o! the
Norths, es[ Corner o{ Section 13, Township 79 North, Ronge § West o( the
P.M., thence Eos[ 30'; [hence North O'56'EosL 1.30'; thence Wost 80'; [hence
South 0'56' West 3¢ to Ihe North Une of [he Worronty Deed, os recorded ~n
Deed Book 1494, o[ pege 78 o( the records of the Johnson County Recorder's
Office; Ihence Eos[ 50 to the HE Corner o( soid Worronty Deed; thence South
0'§6' Wes[ [o the point of beginning.
_LEGEND AND NOTES
,. ; ' ' ~ ".4
~C~MI~IRE8 %'~z~ /OW~ t¢~¢'
I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION. AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
· ~.or L~£S. IN~:~.~. IOWA.
c~-, -~,~. Glen D. Meisner L.S. ~ P.E. Lic. No. 8165 DATE
(mm~om~isEss~r~r~{zo,~cr MY LICENS~ EXPIRES, ¢ECEMBER
~IO~ C~ HY-~ j~ ~ SIG~ED BEFORE ME THIS ~ DAY OF ~,~,F/~-,19~/
MMS EASEMENT ¢5: EASEMENT RELEAS~ -- '
r ~ R ~v r R ~ NOTARY PUBLIC IN AND FOR THE STATE OF IOWA
, B ~ ~ ~ ' ,, ~, ~ p 2 11-25-96
~ n g ' "~ (~ Oedqned b~[ 0town b~
O:k,O20OX,O226015k,O22615H5 fl-25-96 h52:54 9m
EXHIBIT "A"
Prepared by: Charles A. Mullen
321 E. Market St.
Iowa City, IA 52244
(319) 354-1104
PUBLIC WALKWAY/TRAIL EASEMENT AGREEMENT
HY-VEE FOOD STORE NO. 2
IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between Hy-Vee, Inc.
formerly known as Hy-Vee Food Stores, Inc., hereinafter referred to as "Owner"
which expression shall include its successors in interest and assigns, and the
City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City".
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of one dollar plus other valuable consideration, receipt of
which is hereby acknowledged, the Owner hereby grants and conveys to the City
a 30 foot easement for the purposes of excavating for and the installation,
replacement, maintenance and use as a public walkway/trail, over and across
the area shown and described on the survey attached hereto as Exhibit "TRA-I"
and referred to herein as "easement area". This easement provides the City with
a means of ingress and egress over the easement area for the purpose of
constructing a Walkway/Trail and the general public with a means of ingress,
egress and passage over the Public Walkway/Trail easement area after the City
has actually constructed the Public Walkway/Trail.
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands along
and outside of said easement area, to such extent as the City may find
reasonably necessary Provided that grading outside the easement area shall
require the prior written approval of the Owner which approval shall not be
unreasonably withheld.
2. The Owner further grants to the City the right from time to time to
trim and cut down and clear away any and all trees and brush on said easement
area, and also to trim, cut down and clear away any trees on either side of said
strip which now or hereafter in the opinion of the City may interfere with the
exercise of the City's rights hereunder in any manner.
-2-
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within or outside the easement area. The City shall
indemnify Owner against loss or damage which may occur in the negligent
exercise of the easement rights by the City.
3. The Owner further grants to the City the right to excavate for,
construct, install, replace, maintain and use a public pedestrian walkway/trail on
the easement area. After a public pedestrian walkway/trail is constructed by the
City on the easement area, the City shall bear the responsibility of maintaining
the public trial. However, nothing in this easement agreement obligates the City
or Owner to construct public trials on any portion of the easement area.
4. The Owner further grants to the City the right from time to time to
take any and all such actions as are necessary and consistent with the purposes
of maintaining and constructing any public trail upon the easement area. Such
right includes, but is not limited to, the right to restore to its natural state or
enhance any portion of the easement area, and the right to prevent any activity
on or use of the easement area which is inconsistent with the purposes of
access as outlined in this easement agreement.
5. The Owner reserves the right to use said easement area for
purposes which will not interfere with the City's full enjoyment of the rights
hereby granted; provided that the Owner shall not erect or construct any fence,
parking area, buildings, retaining walls or other structures, drill or operate any
well, or construct any obstructions on said easement area, or substantially add
to or diminish the ground cover of said easement area.
6. The Owner hereby covenants with the City that it is lawfully seized
and possessed of the real estate described above, and that it has good and
lawful right to convey it or any part thereof.
7. Nothing in the agreement shall be construed to impose a
requirement on the City or the Owner to install the public trails at issue herein.
8. The City agrees that, until such time as the Walkway/Trail has
actually been constructed by the City, the general public shall have no right of
ingress to or passage over the easement area described herein.
9. The provisions hereof shall inure to the benefit and bind the
successors and assigns of the respective parties hereto, and all covenants shall
be deemed to apply to and run with the title to the land.
-3-
SIGNED this ,1.5 "£ day of ,,~, &,.~,,¢ , 1997.
HY-V~. ~
Roneld D. Peerson, President
D ~y
CITY OF IOW~, I(>V?A .
ATTEST:
City Clerk
By:
Mayor
STATE OF IOWA )
) SS:
COUNTY OF POLK )
On this ~.~w~ day of d forage"4'~ , 1997, before me,
the undersigned, a Notary Public in an State of Iowa, personally
appeared Ronald D. Pearson and James D. Meyer, to me personally known,
who being by me duly sworn, did say that they are the President and Assistant
Secretary respectively, of the corporation executing the within and foregoing
instrument to which this is attached, that (.no scal has bccn procurod by thc) (the
seal affixed thereto is the seal of the) corporation; that said instrument was
signed (and sealed) on behalf of the corporation by authority of its Board of
Directors; and that Ronald D. Pearson and James D. Meyer as officers
acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by them voluntarily executed.
4
STATE OF IOWA )
)
COUNTY OF JOHNSON )
SS:
On this 9-.5 "& day of ,~k,~l~,_,r- , 1997, before
me, the undersigned, a Notary Public in and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally known, who,
being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, executing the within and foregoing
instrument; that the seal attached thereto is the seal of said corporation by
authority of its City Council; and that the said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
EXHIBIT "TRA-i"
uJ
z
¢
93.74'
63.36'
N35'OB',33'E
t80.00'
30.00 FOOT
POINT OF
BIGINNING
LEGEND AND NOTES
I HEREBY CERTIFY THAT '1'HIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
iOWA.
Glen 0. ~eisner L.$, &: P.E. L{c, No. 81{~ "D~,T~'~
MY LICENSE EXPIRES. DECEMBER .31, 19_~?,
............... ~ SGNEO BEFOR~ ME THISZ OAY 0~//~/ 19~
~""1//) /7 ''
EASEMENT ~2; WALKWAY OEOICA~ON PLATI NOTARY PUBLic I~ AND FOR THE STATE OF IOWA
~O~R 0F R~COR0: .~-~ tO00 S~O.~S, INC. j
~ ~ ~ V Sheet Title, ~ .... ~ ' ~ 1 ......
~ ~ ~ 3o. oo FOOt TRAIL EASEMENT ~ ~S CONSULT~ IN" R.
-- ~ ~ ~ L ProI, ct Title: ~ Iowo City. Iowo (319) 351-8282 z 2 11 25 90
~ J~ Oe~lgned b~. ~ Oro~ b~' J ~ecked b~ -I,C. EHGR RENEW
Prepared by: Charles A. Mullen
321 E. Market St.
Iowa City, IA 52244
(319) 354~1104
SANITARY SEWER EASEMENT AGREEMENT
HY-VEE FOOD STORE NO. 2
IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between Hy-Vee, Inc.
formerly known as Hy-Vee Food Stores, Inc. (Owner) which expression shall
include its successors in interest and assigns, and the City of Iowa City, Iowa
(the City), which expression shall include its successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, Owner hereby grants and conveys to the City a
25 foot wide easement for the purposes of excavating for and the installation,
replacement, maintenance and use of such sewage lines, pipes, mains, and
conduits as the City shall from time to time elect for conveying sewage, with all
necessary appliances and fittings, for use in connection with said pipe lines,
together with adequate protection therefor, and also a right of way, with the right
of ingress and egress thereto, over and across the area shown and described on
the survey attached hereto as Exhibit "SAN-I" and referred to herein as
"easement area."
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands along
and outside of the said easement area to such extent as the City may find
reasonably necessary. Provided that grading outside the easement area shall
require the prior written approval of the Owner which approval shall not be
unreasonably withheld.
2. The right from time to time to trim, cut down and clear away any
and all trees and brush on said easement area and also to trim, cut down and
clear away any trees on either side of said easement area which now or
hereafter in the opinion of the City may be a hazard to said easement area, or
-2-
which may interfere with the exercise of the City's rights hereunder in any
manner, except for landscaping installed by the Owner at the City's request.
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within or outside the easement area. The City shall
indemnify Owner against unreasonable loss or damage which may occur in the
negligent exercise of the easement rights by the City. Except as expressly
provided herein, the City shall have no responsibility for maintaining the
easement area.
Owner reserves the right to use said easement area for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence,
retaining wall or other structure, plant any trees, drill or operate any well, or
construct any reservoir or other obstruction on said areas, or diminish or
substantially add to the ground cover over said easement area except for
landscaping and fencing installed at the City's request. City reserves the right to
remove any trees, buildings, fences or other structures erected within the
Easement Area without compensation. If the City removes landscaping or
fencing installed by the Owner at the City's request, then the City shall be
obligated to bear the cost of any required replacement.
Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and that it has a good and lawful
right to convey it, or any part thereof.
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective Parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
Dated this ~, day of ..S~J,~¢ , 1997.
HY-VEE, IN_..C..
Ronald D, PeaFson, Fesi ent
By: Jam~"~es D Meye
-3-
ATTEST:
City I'~~'""~ 7t/'"" ~
CITY OF IOWA CITY, IOWA
Mayor
STATE OF IOWA )
)
COUNTY OF POLK )
SS:
On this ~:~.~¢ day of ~//'Z/O~.z~ , 1997, before me,
the undersigned, a Notary Public in and fdr' the State of Iowa, personally
appeared Ronald D. Pearson and James D. Meyer, to me personally known,
who being by me duly sworn, did say that they are the President and Assistant
Secretary respectively, of the corporation executing the within and foregoing
instrument to which this is attached, that 6qo--scal has been procurcd by the-) (the
seal affixed thereto is the seal of the) corporation; that said instrument was
signed (and sealed) on behalf of the corporation by authority of its Board of
Directors; and that Ronald D. Pearson and James D. Meyer as officers
acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by them voluntarily executed.
Notary,~FVublic in and for saidSState
-4-
STATE OF IOWA )
)
COUNTY OF JOHNSON )
SS:
On this ~% ~ day of .Sp¢(--~,.- , 1997, before
me, the undersigned, a Notary Public ih and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally know,n, who,
being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, executing the within and foregoing
instrument; that the seal attached thereto is the seal of said corporation by
authority of its City Council; and that the said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
EXHIBIT "SAN-i"
/
e>~
~o~.
POINT OF 8[GINNtNG ~/. ~ .~ ~ ~ SAN TARY SEWER
25.00 FOOT WIOIE SANITARY :SEWER EASEMENT
Commencing at a Northwesterly Corner of a Pict of Survey In port of the
Nor~.hwest Quarter of Section 13, Township 79 North. Ronge 6 West of the Fifth
Princlpol Meridian, Iowa CRy, Johnson County, Iowa as recorded In Plat Book
38, ot Page 34§, of the teaerda of the Johnson County Reaorder'e Office, and
{he Sou(hwon~erly Corner of Lo{ 1~, Larsen's Subdlvlelon, as recorded In PIo~
Book ~, at Page 370. of the records of the Johnson County Recorder's Office:
Thence S00'52'00"W, along the West Line of sold Pict of Survey and the
Easterly Right--of--Way Une of First Avenue, o distance o( 128.34 feet, to
Point of Beginning of o 25,00 Foot ~de Sanitary Sewer Easement: Thence
N46'38'55"E, 2~6.13 feet; Thence S43'21'05"E, 25.00 (ee[i Thence S4~'38'55~W.
250.46 ~eet, [o o poln[ on Said Right-of--Way Line and said West L~ne; ~ence
NOO'52'OO"E, along said Right--of--Way Line and eald Woet Lne, 34.88 foot, to
tho Point of Beginning. Said tracl~ of land cantoInc 0,14 ocres, and Is subject
0 - PR~tR~ C~N~RS ~T ~J~J ~IS~NELW~TER
-c~mcs~ ~c~ u. cs J~g~J ~C~5,1Wl I HERESY CERTIFY ~AT ~IS PLAT, MAP, SURVEY OR
~mr-¢-wAY u~[s REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
.... CEN~R LINES
-~or u~s, ,.~n.*t SUPER~SION, AND THAT I AM A DULY LICENSED
-~OT ~S, pc*~o on o~ DeCO LAND SUR~YOR UNOER THE LAWS OF THE STATE OF
- - ~ - -- [~sn~ C~S~NT U~ ~U~O~ ~O~O iOWA.
~P" L~ ~ ~-L ,19
v~o~oon{eR~,~uma~s~.~z~o~mtms ~len D. Meisner · , ~ P,E. LIc. No. 8165 OAT~
~ ~ ~OSVRE IS LESS ~ ~ F~T ~N 20.~ FEET MY LICENSE EXPIRES, DECEMBER 51, 19_~.
O~l C~ }[Y-~ t2 ' ~ SIGNED BEFORE ME ~H S~ DAY OF, J~/L,~.
~S CONSULT~S, INC. PROJECT NO. 0226-015 J ~ '~// .... / / /.../ / ' '
0~ER OF R~CORO; HY-~E FOOD STORES. INC. ~ NOTARY PUBLIC, IN AND FOR ~E STATE OF IOWA
~ ' ~ ., o ~R -' U ~ Ivllvlo ~U~U6T~ l~C IC ENOR REMEW
, ~ ~ <JB , K ~ '
Prepared by: Charles A. Mullen
321 E. Market St.
Iowa City, IA 52244
(319) 354-1104
STORM SEWER EASEMENT AGREEMENT
HY-VEE FOOD STORE NO. 2
IOWA CITY, IOWA
THIS AGREEMENT, made and entered into by and between Hy-Vee, Inc.
formerly known as Hy-Vee Food Stores, Inc. (Owner) which expression shall
include its successors in interest and assigns and the City of Iowa City, Iowa
(the City), which expression shall include its successors in interest and assigns.
WITNESSETH:
It is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, Owner hereby grants and conveys to the City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such storm water lines, pipes, mains, and conduits as
the City shall from time to time elect for conveying storm water, with all
necessary appliances and fittings for use in connection with said pipe lines,
together with adequate protection therefor, and also a right of way, with the right
of ingress and egress thereto, over and across the area shown and described on
the survey attached hereto as Exhibit "STRM-I" and referred to herein as
"easement area".
Owner further grants to the City:
1. The right of grading said easement area for the full width thereof,
and to extend the cuts and fills for such grading into and onto said lands along
and outside of the said easement area, to such extent as the City may find
reasonably necessary. Provided that grading outside the easement area shall
require the prior written approval of the Owner which approval shall not be
unreasonably withheld.
2. The right from time to time to trim, to cut down and clear away any
and all trees and brush on said easement area, and also to trim, cut down and
clear away any trees on either side of said strip which now or hereafter in the
opinion of the City may be a hazard to said easement area or which may
-2-
interfere with the exercise of the City's rights hereunder in any manner, except
for landscaping installed by the Owner at the City's request.
The City shall promptly backfill any trench made by it, and repair any
damages caused by the City within or outside the easement area. The City shall
indemnify Owner against unreasonable loss or damage which may occur in the
negligent exercise of the easement ,'ights by the City. Except as expressly
provided herein, the City shall have no responsibility for maintaining the
easement area.
Owner reserves the right to use said easement areas for purposes which
will not interfere with the City's full enjoyment of the rights hereby granted;
provided that the Owner shall not erect or construct any building, fence,
retaining wall or other structure, plant any trees, drill or operate any well, or
construct any reservoir on said easement area except for landscaping and
fencing installed at the City's request. City reserves the right to remove any
trees, buildings, fences or other structures erected within the Easement Area
without compensation. If the City removes landscaping or fencing installed by
the Owner at the City's request, then the City shall be obligated to bear the cost
of any required replacement.
Owner does hereby covenant with the City that it is lawfully seized and
possessed of the real estate above described, and that they have a good and
lawful right to convey it, or any part thereof.
Nothing in this Agreement shall be construed to impose a requirement on
the City to install the original storm sewer. Nor shall Owner be deemed acting
as the City's agent during the original construction and installation of said
improvement. Parties agree that the obligation to install the storm sewer shall
be in accordance with City specifications, and the obligation shall remain on
Owner until completion by Owner, and until acceptance by the City, as provided
by law.
The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants shall
apply to and run with the land and with the title to the land.
-3-
Dated this
ATTEST:
City Clerk
day of ,~~,, ¢. , 1997.
HY-VEE, INC.
Ronald D. Pearson, President
B '~~James D.~ 'st~tary
CITY OF IOWA CITY, IOWA
By:
Mayor
STATE OF IOWA )
)
COUNTY OF POLK )
SS:
On this ~0o~ day of and f~~the , 1997, before me,
the undersigned, a Notary Public in State of Iowa, personally
appeared Ronald D. Pearson and James D. Meyer, to me personally known,
who being by me duly sworn, did say that they are the President and Assistant
Secretary respectively, of the corporation executing the within and foregoing
instrument to which this is attached, that (no ~¢.~1 has been pro¢.~ Jr~) (the
seal affixed thereto is the seal of the) corporation; that said instrument was
signed (and sealed) on behalf of the corporation by authority of its Board of
Directors; and that Ronald D. Pearson and James D. Meyer as officers
acknowledged the execution of the foregoing instrument to be the voluntary act
and deed of the corporation, by it and by them voluntarily executed.
Notar:¢/Public in and for~aid State
-4-
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ¢ ,5 day of ~m.~,, ¢ , 1997, before
me, the undersigned, a Notary Public in and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally known, who,
being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa, executing the within and foregoing
instrument; that the seal attached thereto is the seal of said corporation by
authority of its City Council; and that the said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed
of said corporation, by it and by them voluntarily executed.
Notary Public in and for said State
NO0'52'00'E:
20.78'
N52'05'
S74'08'O0"E
12.98'
EXHIBIT "STRM- 1"
0.48 ACR£S
S89~8'00'E 555.91'
36~09' N89~8'00'W
LEGEND AND NOTES
29.7f t"=[~' *
N89'08'OO"W
S89~8'00'E
28.42'
$00~I'07"W
N89'O8'O0"W
POINT OF BEGINNING
-
-
- I I ' I I ~' ' %,~'~, ............
STORM SE~R ~AS~MENT
HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR Commencing a~ tho Soulhegel Corner or the Plat of
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND THAT I AM A DULY LICENSED
LAND SURVEY, OR UNOER THE LAWS OF THE STATE OF
IOWA,
_.,,,C~L.-.P .r~, ~ ~-L ,19~7
Glen D. Melsner h,S. &c P.E. Lic. r. lo. 816.5DATE
MY LICENSE EXPIRES, DECEMBER
ME THI,S_~ DAY OF
,¢/., 2L(---a--
NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA
Northwest quorter of Section 13, Township 79 Norlh, Rcn9e 6 West o1 the Flflh
Prlnclpoi Meridlon, Iowo City, Iowo, recorded In Book 36, Page 346 of lhe
Johnson County Recorder's Offlce~ .Johnson County, Iowo: Thence N00'51*07~E
olong Ihe Eost line o~ sold plat, t45.83 ~eet to the Point of Beginning of a
Storm Sewer Ecsclent: Thence N89'OS'DO'W, 48.42 feet~ Thence NOO'82'OD'E,
209.37 fee[: Thence N28'00't2"W, 57.80 feet; ]hence NSg'08'00"W. 2.64,09 feet;
Thence NOO'S2'OO'E. 316.20 feet: Thence Nt')'O§'3~"W, 4,3.20 feet. to the
gasterl~ RL']ht-o/-Woy Line, 20.78 feet; Thence $74'08'00"E, t2,gB feet: Thence
33:5.91 feet; Thence S28'00'12"E, 71.99 feet; Thence S89'08'00"E, 29.71 feet.
Nos[ Line, 10.00 feet; Then'~e NSg'OS'00"W, 28,37 feet: Thence S00*52'O0"W.
sold plat; Thence S00"$1'07"W along the said East line, 20.00 fee[ to the
CONSULTANTS, INC, PROJECT NO. O226-01.5/ ~'~ ~cmm[~m~
EASEMENT ~6; ~TORU SEWER EASEMENT PLAT/
~O~ER OF RECORD: HY-~6 FOOD STORES, INC.~
. - ~ ~ ~ Pro~ct ~tle: ~ Iowo CRy, Iowa (319) 351-8282z
. .. ~ 2at[ o[ the N~ [/4 Sec 13-~9N-R6~ ~
~ ~ 0e~gned b~ 0town b~ ~ Checked b~ m 20,973 sq. tL
G:%O2OO%O226015%O22615H6 11-15-98 8:44:24 om Esr
..... ;;1~= ~)~ STATE BAR ASSOCIATION PHELAN, TUCKER. MULLEN, WALKER, I FOR THE LEGAL EFFECT OF TH~ ~ OF
Ofilalal Form No, 106 05779 TUCKER & GELMAN, L.L.P. Ties FORM, COt~UI.T YOUR LAWYER.
Preparer Charles A. Mullen 321 East Market Iowa City 319-354-1104
Inlormetion
Individual's Name Street Address City Phone
SPACE ABO~/i~ THIS LINE
~'~e FOR RECORDER
~- ~ QUIT CLAIM DEED
For the consideration of One.
Dollar(s) and other valuable consideration,
Hy-Vee, Inc.
do hereby Quit Claim to
The City of Iowa City, Iowa,
all our right, title, interest, estate, claim and demand in the following described real estate in
Johnson County, Iowa:
Parcels A and B as shown on the attached survey and specifically described as follows:
Parcel A
Commencing at the Southeast Corner of the Plat of Survey in part of the Northwest Quarter of Section
13, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa,
as recorded in Plat Book 38, at Page 346, of the records of the Johnson County Recorder's Office;
Thence S89°58'18"W, along a Southerly Line of said Plat of Survey and the Northerly Right-of-Way
Line of Muscatine Avenue, 169.18 feet, to a Southerly Corner thereof; Thence N00°53'21"E, along a
Southerly Line, 7,00 feet; Thence N89°58'18"E, 169.18 feet, to a point on the East Line of said Plat of
Survey; Thence S00°51'07"W, along the East Line, 7.00 feet, to the Point of Beginning. Said tract of
land contains 1,184 Square Feet, and is subject to easements and restrictions of record.
and also
Parcel B
Commencing at the Southwest Corner of the Plat of Survey in part of the Northwest Quarter of Section
13, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa,
as recorded in Plat Book 36, at Page 346, of the records of the Johnson County Recorder's Office;
Thence N00°52'00"E, along the West Line of said Plat of Survey and the East Right-of-Way Line of
First Avenue, a distance of 700.77 feet; Thence N53°12'00"E, 9.47 feet; Thence S00°52'00"W, 706.44
feet, to a point on the Southerly Line of said Plat of Survey; Thence S89°57'59"W, along said Southerly
Line, 7.50 feet, to the Point of Beginning. Said tract of land contains 5,277 Square Feet, and is subject
to easements and restrictions of record.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in
and to the real estate.
Words and phrases herein, including acknowledgment hereof~hall be construed/.as%in the singular or
plural number, and as masculine or feminine gender, accordJ~l~to tt~ context, ..~ / /
Ronald D. ~earson, Pres. (Grantor)
STATE OF , ss:
COUNTY, B .~-.
i __ a . , ' ' -,-('~'~an~
i~u9b n db effo°;e. , ,u n pdee:sS~nna~ldy' :ppNe°at
{Grantorl
to me known to be the identical persons named in
and who executed the foregoing instrument and
acknowledged that they executed the same as their
voluntary act and deed.
(Gran~or)
(Grantor)
Notary Public
(This form of acknowledgment for individual grantoHs} only}
CALFS Relea$~ 3.0 8194
(Grantor)
(Grantor)
106 QUIT CLAIM DEED
STATE OF , COUNTY, ss:
On this day of , 19 ~ before me, the undersigned, a
Notary Public in and for said County and said State, personally appeared
to me known to be the identical persons named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
Notary Public
STATE OF IOWA POLK COUN/Y, ss:
On this ,.~ day of ~.~.CQ~ , 19 g_~7 before r~e, the undersigned, a
Notary Public in and for said County and said State, personally appeared
Ronald D. Pearson and James D. Meyer
to me personally known, who, being by me duly sworn, did say that they are the
President and Assisant Secretary
respectively, of said corporation; that (~e-seal-has--bee~-procured-by..the-said). corporation; that said
{the seal affixed thereto is the seal of said)
instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors;
and that the said Ronald D, Pearson and James D. Meyer
as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
Notary Public
PARCEL B
I
_., 7'59 'Wl
o
,/ yARCEL B I
PARCEL A
PROPOSED RIGHT
- MUSCATI~E
PARCEL A
Commencing ot the Southeost Corner of the Plot of Survey in port ol' the
Northwest Quorter o¢ Section 1.3. Township 79 North, Ronge 6 West of the F~[th
Prlnclpol Marldion, Iowo City, Johnson County, Iowo, as recorded in Plot Book
36, o[ Poge 346, o~ [he records o! [he Johnson County ~ecorder's
Thence SB9'SB'tB"W, olong o Southerly Line of said Plot of Survey ond the
Northerly Rlght--ol~--Woy Line Of Muscatlne Avenue. 169.fB feet, to o Southerly
Corner theroot: Thence NOO'53'21'E, olong a Southerly Line, 7.00 ~eet; Thence
NBg'SB'IB"E, 1Ca. lB feat, to o point on the East Line of said Plot of Survey;,
~ence S00'51'07"W. olong the Eost Line, 7.00 feet, to the Pofnl.
Beginning, Sold troct Of Iond contains 1,184 Square Feet, and is subject to
eDselants end restrictions of rocor L
PARCEL B
Commencing o[ the Southwest Corner o¢ the Plot of Survey ;n port of the
Northwest Ouorter o~ Section 13, Townghlp 79 North, Range 6 West of the Fifth
Principal Merldlon, Iowo City , Johnson County, icao, os recorded in Plot Book
.36, at Poge 346, of the records o~ the Johnson County ReeDfriar's OHIcc=
Thence NOO'52'OO"E, 01ong [he West Line o~ said PIct o~ Survey end [he Eosl.
Rlght--of--Woy Line of First Avenue, o disronco of 700.77 feet; Thence
N53'12'OO"E, 9.47 ~eet; Thence S00'52'00"W, 706.44 ~eet, to o point on the
Southerly Line of sold Plot of Survey; Thence S89'57"59"W. o;ong sold
Southerly Line. 7.50 fee[, lo the Point of Beginn~ng, SoJd troct of fond
contains 5.277 Square Feet, and is subject to eDSelant and restNcUans
reccrd,
GR,iPII~ SC,!f~ IX F~K1'
LEGEND AND NOTES
MS CONSULTANTS, INC, PRO,.~CT IqO. OZZC-O~5
MMS ACQUISI~0N R= ROW ACQUISI~0N PLAT
O~ER 0F RECORD= HY-~E FO~ STORES, INC,
I HEREBY CER~FY ~AT ~IS PLAT, MAP, SURLY 0R
~eo.~ was P.eA~[D eY ~[. o. U.0E~ UY O~.[CT
SUPER~SION, AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER mE LA~ OF mE SFATE OF
IOWA.
Glen O. Meisner L.S~ P.E. L[c. ~o. 8~65
MY LICENSE EXPIRES, DECEMBER 31, t9~.
NOTARY PUBLIC, IN ANDFOR~E STATE OF ¢OWA
MMS CONSULTS, INC, ~ Lc. ENOR R~EW
Iowo CRy. logo (319) 351-8282
ODM
F Sheet Title:
Part o[ the NW 1/4 See 13-~9N-R6W IOWA CITY, IOWA
C: ~0200~0226015~022RO15F¢ ll--lS--gG q: 50:08 rim
Prepared by: Eleanor Dilkes, Acting City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 97-321
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN ASSIGNMENT OF RIGHT-OF-WAY AGREEMENT AND BILL OF SALE
BY AND BETWEEN THE CITY OF IOWA CITY AND WILLIAMS PIPELINE COMPANY, WHEREIN
RIGHTS-OF-WAY AGREEMENTS HELD BY WILLIAMS PIPELINE OVER CITY-OWNED LAND ON
WHICH THE NEW WATER FACILITY WILL BE LOCATED ARE ASSIGNED TO THE CITY.
WHEREAS, pursuant to Resolution No. 96-242 the Mayor of the City of Iowa City did execute and
the City Clerk did attest a Pipeline Relocation Agreement wherein Williams Pipeline agreed to
relocate its pipeline facilities located on the City's future water facility site and vacate its pipeline
easements on those sites; and
WHEREAS, pursuant to said agreement Williams Pipeline agreed that upon completion of the
relocation of the pipeline it would assign all its rights, title and interest in and to its easements and
permits on said site to the City of Iowa City; and
WHEREAS, relocation of the pipeline has been completed and Williams Pipeline has executed an
Assignment of Right-of-Way Agreements and Bill of Sale wherein such rights-of-way agreements and
easement rights are assigned to the City of Iowa City in accordance with said Pipeline Relocation
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The Assignment of Right-of-Way Agreements and Bill of Sale between the City of Iowa City and
Williams Pipeline Company, a copy of which is on file in the office of the City Clerk, is approved as
to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute said Assignment of Right-
of-Way Agreements and Bill of Sale, in triplicate.
3. Upon execution by the Mayor and City Clerk, the Clerk is directed and authorized to record the
Agreement with the Johnson County Recorder at City expense.
Passed and approved this 23rd day of September
, 1 997.
ATTEST:
CITY' CLERK
eleanor\willres,wp5
MAYOR ( L/ ,~
City Attorney's Office
Resolution No. 97-321
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Kubb¥
Lehman
Norton
Novick
Thornberry
Vanderhoef
This instrument was drafted by Williams Pipe Line Company, a Delaware Corporation, P.O. Box 3448, Tulsa, Oklahoma 74101, 918/588-3295.
ASSIGNMENT OF RIGHT OF WAY AGREEMENTS
AND BILL OF SALE
For and in consideration of the sum of Ten and no/100 Dollars ($10.00), the receipt and
sufficiency of which is hereby acknowledged, and pursuant to that certain Pipeline Relocation
Agreement dated August 26, 1996, recorded in Book 2151 at Page 174, Johnson County Iowa,
(hereinafter "Pipeline Relocation Agreement") Williams Pipe Line Company, a Delaware
Corporation (hereinafter "Williams" or "Grantor"), does hereby transfer, bargain, convey, sell, quit-
claim and assign to the City of Iowa City, Iowa, an Iowa Municipal Corporation, whose mailing
address is 410 E. Washington Street, Iowa City, IA 52240 (hereinafter "City" or "Grantee"), all
of Grantor's right, title and interest in and to the Rights of Way Agreements set out on Exhibit "A",
covering a portion of Grantor's No. 1-6" pipeline from chain station 37+04 to 121+06, hereinafter
"Pipeline".
SAVING AND EXCEPTING from this grant those portions of the Right of Way
Agreements specifically retained by Grantor in Exhibit "A", at the point where the Pipeline was
separated from the new pipeline rerouted pursuant to the Pipeline Relocation Agreement and as
shown on Exhibit "B", which is attached hereto and made a part hereof, and those portions of the
Right of Way Agreements and Easements that Grantor has previously partially released, condemned
or quit-claimed, whether or not shown on Exhibit "A".
TO HAVE AND TO HOLD said Right of Way Agreements, licenses, related agreements
and Pipeline, subject to the terms, exceptions and other provisions stated herein and in the attached
Exhibits, unto the Grantee, its successors and assigns. THE ASSIGNMENTS AND
CONVEYANCES MADE BY THIS ASSIGNMENT ARE MADE WITHOUT WARRANTY
OF TITLE, EXPRESS, IMPLIED, OR STATUTORY, AND WITHOUT RECOURSE, EVEN
AS TO THE RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION. ANY
COVENANTS OR WARRANTIES IMPLIED BY STATUTE OR LAW BY THE USE OF
THE WORDS "TRANSFER", "BARGAIN", "CONVEY" "SELL" OR "ASSIGN" OR
OTHER SIMILAR WORDS USED IN THIS ASSIGNMENT AND BILL OF SALE ARE
HEREBY EXPRESSLY DISCLAIMED, WAIVED AND NEGATED.
THE PIPELINE, ASSOCIATED FACILITIES AND ASSETS ARE ASSIGNED TO
GRANTEE WITHOUT RECOURSE, COVENANT OR WARRANTY OR ANY KIND,
Irrea2cc.doc 1
13:476 Iowa River Reroute, Iowa City, Johnson Co, IA
Tracts 045-12~JH-5...10; AFE 958577; MO70156
EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE EXPRESS
PROVISIONS HEREOF, GRANTEE SPECIFICALLY AGREES THAT GRANTOR IS
CONVEYING THE PIPELINE, ASSOCIATED FACILITIES AND ASSETS ON AN "AS-IS,
WHERE-IS, WITH ALL FAULTS" BASIS AND WITHOUT REPRESENTATION OR
WARRANTY, EITHER EXPRESS, IMPLIED AT COMMON LAW, BY STATUTE OR
OTHERWISE (ALL OF WHICH GRANTOR HEREBY DISCLAIMS), RELATING TO (1)
TITLE, (2) TRANSFERABILITY, (3) FITNESS FOR ANY PARTICULAR PURPOSE ,
MERCHANTABILITY, DESIGN OR QUALITY, (4) COMPLIANCE WITH
SPECIFICATIONS OR CONDITIONS REGARDING OPERATION, (5) FREEDOM FROM
PATENT OR TRADEMARK INFRINGEMENT, (6) ABSENCE OF LATENT DEFECTS,
(7) EXISTENCE OF ENVIRONMENTAL PROBLEMS OR CLAIMS, OR (8) ANY OTHER
MATTER WHATSOEVER.
TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE OPERATIVE, THE
DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED HEREIN ARE
"CONSPICUOUS" DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW,
RULE OR ORDER.
For and in consideration of $1.00 in hand paid to WILLIAMS and the further consideration
of the covenants hereinafter recited, WILLIAMS does hereby quitclaim, sell and convey unto CITY
all of its right, title and interest in and to the inactive segment of pipeline being approximately
located as shown on Exhibit "B".
CITY hereby agrees to assume all future liability for the pipeline segment herein conveyed,
as described on Exhibit "B", (hereinafter "Conveyed Segment") and agrees to defend, indemnify,
protect and hold harmless WILLIAMS, its officers, directors, employees, agents, shareholders,
affiliates, and the officers, directors and agents of any corporate shareholder of WILLIAMS from
and against any and all claims, fines, liability, costs, demands or judgments of any nature arising out
of or related to the suspension, presence, removal, ownership and use of the Conveyed Segment,
including, without limitation, any loss, injury to or death of any person or persons, and any loss,
damage to or destruction of any property alleged from the presence of any vapors or liquids
remaining within the inactive segment of pipeline.
WILLIAMS does not represent that the Conveyed Segment is suitable for any use, and CITY
accepts this inactive segment of pipeline "as is and where is". THIS CONVEYANCE, QUIT
CLAIM, AND SALE IS MADE WITHOUT REPRESENTATION, GUARANTY OR
WARRANTY OF ANY NATURE WHATSOEVER BY WILLIAMS, EITHER DIRECTLY
OR INDIRECTLY, EITHER EXPRESS OR IMPLIED.
CITY hereby releases and discharges WILLIAMS from any and all claims for damages
resulting from the suspension of the Conveyed Segment, the relocation project as described within
the Pipeline Reimbursement Agreement, and any past claims for damages arising out of the
Irrea2ee.do¢ 2
13:476 Iowa River Reroute, Iowa City, Johnson Co, IA
Tracts 045-12-JH-5...10; AFE 958577; MO70156
construction, operation, maintenance, repair and use of WILLIAMS pipeline system within CITY's
property at this location. Nothing herein shall affect or diminish Williams right, title or interest in
the new Right of Way Easement and/or relocated Pipeline pursuant to said Reimbursement
Agreement.
All Exhibits attached hereto are hereby made a part hereof and incorporated herein by this
reference. References in such Exhibits to instruments on file in the public records are made for all
purposes.
WITNESS THE EXECUTION HEREOF THE ,~ DAY OF ~-'t , A.D. 19 ~'~.
GRANTOR:
(Seal)
WILLIAMS PIPE LINE COMPANY
By:
Dated:
T. . E1 e~r
Land, Records and Claims
Attorney-in-Fact
GRANTEE:
(Seal)
STATE OF OKLAHOMA
)
) SS
CITY OF IOWA CITY, IOWA
l~laomi Z/No~ick
Mayor
Dated:
1VFarian K. Karr
City Clerk
Dated: 9/~/~77
Irrea2cc.doc
13:476 Iowa River Reroute, Iowa City, Johnson Co, IA
Tracts 045-12-JH-5...10; AFE 958577; MO70156
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this
3r-& day of ~-~..f~-o~_0~ ,1997, personally appeared T. F. Elbert, Manager, Land, Records
and Claims, who being by me duly sworn, did say that he is the Attorney-in-Fact for Williams Pipe
Line Company, a Delaware corporation, by virtue of a May 29, 1996, Power of Attorney filed for
record May 31, 1996, in the County of Tulsa, State of Oklahoma, in Book 5813 at Page 2488-2489,
as Document 96053002, and that the seal affixed to this instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in behalf of said corporation, and said
T. F. Elbert acknowledged said instrument to be the free act and deed of said corporation.
In ~esti. mony whereof, I have hereunto set my hand and affixed my official seal at my office
in said county and state the day and year last above written.
._. 1[ ~,~..~-~000 NOTARY PUBLIC
STATE OF IOWA )
)SS
JOHNSON COUNTY )
On thiso~t~£4ay of Sg,fg~q , 1997, before me x,.~~ f((/,6]tyfZb~5 ,
a Notary Public in and for the St~/te of Iowa, personally appeared Naomi J. Novick and Marian K.
Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of The City of Iowa City, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the municipal corporation, and that said instrument was signed
and seal on behalf_of the municipal corporation, by authofitv ~f its C3i~ ~r~j,12_ as contained in
(Resolution) No. "~/passed by the City Council, on the*~ay of~ :~~i, and that Naomi
J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary
act and deed of the municipal corporation, by it voluntarily executed.
In testimony whereof, I have hereunto set my hand and affixed my official seal at my office
in said county and state the day and year last above written.
/c'~/c~O/q ~? NOTARY PUBLIC
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13:476 Iowa River Reroute, Iowa City, Johnson Co, IA
Tracts 045-12-JH-5...10; AFE958577; MO70156
EXHIBIT A
LIST OF RIGHT OF WAY GRANTS ASSIGNED TO CITY OF IOWA CITY
IN JOHNSON COUNTY, IOWA
Tract #
Description:
045-12-JH-5
River Products Company to Williams Brothers Pipe Line Company, dated
August 26, 1966, granting a fight of way in those portions of Sec 4, Twp 79
N, Rge 6W and Sec 33, Twp 80 N, Rge 6 W, recorded in Book 291, Page 49,
of said county, insofar, and only insofar as, said Agreement covers the
following description:
Beginning at a point on the North line of Section 4, Township 79
North, Range 6 West of the Fifth Prime Meridian a distance of 267 feet East
of the Northwest comer thereof; thence South 13 °20' East a distance of 530
feet (course 1); thence South 23035' West a distance of 780.74 feet (Course
2) the angle between courses 1 and 2 being rounded by a curve approximately
100 feet in length and 10 feet external distance; thence South 66o25' East a
distance of 30 feet; thence North 23035' East a distance of 790.96 feet; thence
northwesterly to a point which is 60 feet from course 1 and 102 feet due
South from the said North line of Section 4; thence due East a distance of 78
feet more or less to the river bank; thence Northerly along the river bank to
the said Section line; thence West 132 feet more or less to the place of
beginning; and the area thereof is 1.36 acres more or less.
Also beginning at the above described place of beginning; thence
North 13020' West a distance of 463 feet; thence north 2° West a distance of
869 feet; thence due East a distance of 50 feet more or less to the West bank
of the Iowa River; thence Southerly along the river bank to the Section line;
thence due West a distance of 132 feet more or less to the point of beginning;
and the area thereof is 3.43 acres more or less; Section 33, Township 80
North, Range 6 West of the Fifth Prime Meridian..
045-12-JH-5X1
The City of Coralville, Iowa to Williams Brothers Pipe Line Company, dated
September 29, 1966, granting a right of way in that portion of Sec 4,
Twp 79 N, Rge 6 W, recorded in Book 308 Page 371, of said county.
045-12-JH-5.1
Iowa State Highway Commission to Williams Brothers Pipe Line Company,
dated September 19,1966, Johnson County Permit No. 52-54 in See 4, Twp
79 N, Rge 6 W.
Tract #
045-12-JH-5.2
State of Iowa Natural Resources Council to Williams Brothers Pipe Line
Company, dated August 31, 1966, Permit Order # 66-202, in the SW1/4,
SW1/4 of Sec 33, Twp 80 N, Rge 6 W, of said county.
045-12-JH-6
Maude B. Butler to Williams Brothers Pipe Line Company, dated August 25,
1966, granting a fight of way in that portion of See 33, Twp 80 N, Rge 6 W,
recorded in Book 291 Page 52, of said county.
045-12-JH-7
Don C. Alberhasky et ux to Williams Brothers Pipe Line Company, dated
August 25, 1966, granting a fight of way in those portions of Sec 33, Twp 80
N, Rge 6 W, recorded in Book 291 Page 54, of said county.
Williams Pipe Line Company to Washington Park Partners, dated October
20, 1994, granting a Release of Right of Way Agreement in that portion of
Sec 33, Twp 80 N, Rge 6 W, recorded in Book 280 Page 177, of said county.
045-12-JH-8
Johnson County Broadcasting Company to Williams Brothers Pipe Line
Company, dated August 25, 1966, granting a right of way in that portion of
SE1/4 of See 33, Twp 80 N, Rge 6 W, recorded in Book 291 Page 56, of said
county.
045-12-JH-8.1
Refer back to 045-12-JH-5.1
045-12-JH-9
Laurence R. Short et al to Williams Brothers Pipe Line Company, dated
September 21, 1966, granting a right of way in that portion of S ec 33, Twp
80 N, Rge 6 W, recorded in Book 291 Page 373, of said county.
Williams Pipe Line Company to Wendram Bluff Development, Inc., dated
November 25,1977, granting Relocation Agreement in that portion of Sec 33,
Twp. 80 N, Rge 6 W, of said county.
045-12-JH- 10
Grace H. Linder to Williams Brothers Pipe Line Company, dated September
23, 1966, granting a right of way in those portions of See 33 and See 34, all
in Twp 80 N, Rge 6 W, of said county, insofar, and only insofar as, said
Agreement follows the following description:
2
All that part of the SE 1/4 of the SE 1/4 of Section 33 lying North of
the center of the paving on U.S. Highway 218, also Government lot 4 of
Section 34 and the N ½ of the SW 1/4 of the SW 1/4 of Section 34, West of
a line being a distance of 522 feet East, more or less, and parallel to the
assumed West line of said Section 34, said line being 4 feet, more or less,
East of the East edge of Brick residence, all in Township 80 North, Range 6
West of the Fifth Prime Meridian except a portion sold to the State of Iowa
for Interstate 80.
COU
SEC. 55
AGREEMENT
RIGHT OF WAY
For and in consideration of the sum ~ One hundred and no/].00
Dollars ($ 100.00 ), the receipt of which ks hereby acknowledged, the undersigned, herein called Grantor whether one
or more), hereby grants, sells, conveys and warr.ants to WILLIAMS BROTHERS PIPE LINE COiVIPANY, a Delaware corpo-
ration, whose mailing address is P.O. Drawer 2239, Kansas City, Affissouri, its successors and assigns, herein called Grantee, an
easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter, replace, change thd size of, and
remove a pipeline or pipelines and appurtenances at any time or times for the transportation of liquids, gases, and or solids upon
and along a route or routes to be selected by Grantee, on, over and through the following described land located in the County
of JOHNSON , State of t0WA r.r ..... kt°~it~
See description attached hereto and made a part hereof
with the right of ingress and egress to and from said easement and right of way for the purposes aforesaid. Grantee may
temporarily use work space as needed during the exercise of the rights granted herein, Grantee agrees to pay or cause payment
to be made for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the rights herein
granted; provided, however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages
caused to trees, undergrowth, and brush on the pipeline easement and right of way in the clearing of such obstructions from
said easement and right of way.
Grantor shall be paid an additional consideration at the rate of $1.00 per lineal rod, or a fraction thereof, for each pipeline
constructed from time to time on the premises under this grant after construction of the first pipeline. Such additional pipelines
shall be laid as nearly parallel and as close as practicable to the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with or
impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee. Any pipeline
or pipelines constructed under this agreement shall be buried across tillable lands to such depth as will not interfere with normal
tilling methods employed at the time of such construction, except that Grantee, at its option, may construct its pipelines above the
charreel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such pay-
ment to the credit of Grantor, or any one of them, in the Bank, of
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, curtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the
parties thereto. The easement and right of way herein granted may be leased or assigned in whole or in p. art.
B~D. ~OR RECORD ~ '~ M, THIS, t '~- DAY Ol~
TO ~V~ AND TO HO~ said easement, right of way and privfl Gr~tee, its successors ~d ~si~u, until
such time as Grantee, its successors and assi~s, releases or relinqu~hes, in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF TIlE ~'~'~ DAY elf ~?~t~ ,~ ¢ /~, A.D., 19 ~F~.
Signed, sealed and delivered in the presence of:
GRANTORS:
RIVER PRODUCTS COMPANY
t'~ J. W. ~elt, Treasurer
GRANTORS:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(Eight-of-Way Agent)
Edwin S. Knuth
Draft No.
(SEAL)
3672~
Tract No.
T~actNo. JII 65 -
RIC-HT OF WAY AC-RBBMB1NTT
For and in eo%i~eration of the sum of One hundred and no/100
Dollars ($ :L00. ), the receipt of which is hereby acknowledged, flue undersigned, herein calJed Grantor (whether one
or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTHERS PIPE LINE COiViPAlhry, a Delaware corpo-
ration, whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and assigr~s. herein called Grantee, an
easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter, replace, change flue size of, and
remove a pipeline or pipelines and appurtenances at any time or times for the transportation of liquids, gases, and/or solids upon
and along a route or routes to be selected by Grantee, on, over and through the following described land located in flue Cotmty
JOHNSON , State of ]'OWA , to wit~_ M
...... ~ _ ~.~/7~' JOH~S0[,i COUNTy. 10WA
Beginning at a point on the north line oE Sec.' ~,' ~h~p 79 N., A. 6
West of the ~th P. ~., 267 feet east of the northwest corner thereof,
thence south 13 degrees 20 minutes East f~O feet (course l); thence
south 23 degrees }f minutes West 23~9 £eet (course 2) the angle between
courses ~ and 2 being rounded by a curve approximately ~00 £eet in
length and lO feet external distance; thence south 4~ degrees ff min-
utes West fSf £eet; thence South 6~ degrees l~ minutes West 7~ feet;
thence north 87 degrees ~ mlnutes West ~3 feet; thence south 20 feet;
thence South 87 degrees 4f mlnutes East 6~6 £eet more or less to the
west bank of the Iowa Aiver; thence northeasterly along the river b~k
to a line }0 fleet easterl~ from and parallel to course 2 produced
southerly; thence North 2} degrees }~ minutes East 2760 fleet more or
less to a point ~pposite angle point Z; thence northweste~1~ to a
polnt which is 6 fleet ff~om course ~ and ~02 feet' due south ffrom the
said north line of Section 4; thence east ?~, feet more or less to the
river bank; thence norther1~ along the river bank to the said section
line; thence west ~32 fleet more or less to the place of beginning;
and the area thereoff is ~.22 acres.
Also beginning at the above described place off beginning, thence
north 13deg~ees 20 mlnutes West ~6} feet; thence north 2 degrees West
~69 fleet; thence east ~0 ~eet more or less to the west bank of the
Iowa Alver; thence southerly along the flyer bank to the section line;
thence west 1}2 feet more or less to the place of beginning and the
area thereof is 3.~ acres.~ Section 33, To.ship 80, North, ~ange 6,
~est: off ~th P. N.
This instrumer~{ may be executed in counterparts and each comuterpart shall constitute a separate' agreement between flue
parties thereto. The easement and right of way herein granted may be leased or assigned in whole or in part.
couN','Y.
TO HAVE AND TO HOLD said easement, right of way and prowl Grantee, its successors and assigns, until
such time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF THE
Signed, sealed and delivered in the presence of:
GRANTORS:
RIV.,.~ PRODUCTS COMPANY
J. W. Welt, Treasurer
~-~J~y~O.z~ehler, ~ec y~
GRANTORS~.
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(Right-of-Way Agent)
Edwin S. Khuth
(SEAL)
Tract No.
iSEAL)
: ACKNOWLEDGMENT FOR INDIVIDUAL
State of
County of
Be/ore me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 , personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that~
as Free and voluntary act and deed, for the uses and purposes set forth.
to me known to be the
.executed the same
Witness my hand and official seal.
Notary Public
My Commission. expires
, 19
ACKNOWLEDGMENT FOR INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19~, personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that
as free and voluntary act and deed, for the uses and purposes set forth.
Witness my hand and official seal.
My Commission expires
to me known to be the
executed the same
Notary Public
FOR THE LEGAL EFFECT OF THE USE
OF THIS FORM, CONSULT yOUR LAWYER
STATE OF IOWA ...............J...0.._IJ~.....S..Q~ ......................cOUNTY, ss:
On this..2,.6-t;h- .....day of .....~lj. glj~.t: ...............A.D. 19...~.6, before me, the undersigned, a Nofary Public
- and
in and for said Coun'h/, in said Stale, personally appeared .....J- ....-~- ....~..~.11~ ....................................................
C Oeh]_er ................. ~ ..........to me personally known, who, being by me duly sworn, did say
............. .J...a.7. ......., ................................and .......8...e_g..r...e..~..a...r.Z ....................................................
,ha~ ,hey are ~'he ...........Z..r..~.O.~.U.~.~ .......
respecfiveJy, of said corpora~;i°n executing The wliu,-
l~**~4q~~~~~)' corporariehl thaf said insfrument was signed land sealed) on behalf of
[fhe seal affixed ~rherefo is the seal of said)
. - ard of D~reotorsl ,nd +hat ~he,~ ........-~--'-'"~"~:2~'$~ .
· hori of its t~o ... L~ ...................................
said ~orpora~,on by aut ~ . , / ,/~,- M~u~o'~'~F~ald ins+ru'~."'LtO, be the
. Oeh]-er ............. es
~nd .....~.~Z-.-g- ...................: ........: ....... ,-- ,~ ,,d b~ thom v$"~Hl¢o~"5~?~!.~_r~ '~¢. ~'".
vo~.~*~, .~t ..d d~od of
Y ~ · ~ ~.- ,- ~ ~ ~ .......
..................
IOWA STATE BAR ASSOCIATION ~o {,,,u,,, ***.a~ '"~ ""~'~' ~'o'a')
Official ~orm No. 12 {Trade-Marl{ Registered, State of Iowa, 1957)
'this Printing: January 21, 1964
B-~845
On the 'tbt-b- day of August
the undersigned officer, personally appeared
be the
5t[
, 1966 , before me,
, who acknowledged himself to
, a corporation, and that he, as such
of
, being authorized so to do, executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by himself as
In witness whereof I hereunto set my hand and official seal.
(Title of Officer)
Beginning at a boint on the north /i?e ef See. ~, Twp. 7q N.,R; 6
West of the 5th P.M., 26? feet ~a~t of the northwest corner thereof,
thence south 13 degrees 20 minutes Eamt 5~0 feet (course 1); thence
south 2~ degrees 35 minutes ~,~e~t 2359 feet (course 2) the ~ngle between
courses 1 and 2 being rounded by ~ curve aporoximately 100 feet in length
and 10 feet external distance; thence south ~ degree~ 55 minutes West
585 feet; thence south,'65 degrees 1~ minu~es West 75 feet; thence north
87 degrees ~5 minutes ~est 453 feet, thence south 20 f~t~ thence South
87 degrees $5 minutes East 6~ feet more or lees to the we~t bank of the
Iowa River; thence northea~ter!y along the river bank to a line T0 feet
easterly from .n~ narallel to course 2 ~roduo~d .ot~th~rly; tb~ne. No~th
23 degree~ ~5 minutes East 2?60 feet more or lems to a point opposite
angle point 1; thence northwesterly to a point ~ich i~ 60 feet from
course 1 and 102 feet due south from the said north line of Section ~;
thence east 78 feet more or less to the river bank; thence northerly ~long
the river bank to the ~aid section line; thence we~t 132 feet met,.~ or
].ess to the place of beginning; and the area thereof i~ $.22 ~cres.
Also beginning at the above described place of beginning, thence
north 1] degrees 20 minutes West ~63 f.et; thence north 2 degrees West
869 feet; thence east 50 feet more or less to the west bank of the Iowa
River; thence southerly along the river ba~ to the section line; thence
west 1~2 feet more or lees to the place of beginning and. the area
thereof i~ ].$] acres.
Abstractor's Tract No.
6~
Form LTS-1 LIMITED TITLE SE/kitCH
To: Williams Brothers l~ipe Line Company
Land in Johnson County, State of Iowa , We
certify that we have made a careful search of the public land records of the
county and state above listed and, for the property below described, we find
the following information to be recorded therein:
1. LEGAL DESCRIPTION:
Section ; Township ; Range of P.M.
PRESENT OWNERS OF RECORD (Addresses and Vested Interestsl:
River Pro,~uot~ Oompany
Be
CONTRACTS TO PURCHASE (If none, please show "none"):
It is expressly understood that this Limited Title Search is not a guaranty or
warranty of title to the property above described.
THE
AND TITLE (~UARAI~; COMPAN~
(Abstract Company)
By
Date All~l~t 22,
1966 at 8 A.M.
~re I ·
Abstractor's Tract No.
/
FORM
riGhT OF WAY AGREEMENT
.Sixty-eight and No/100 ~ ,, .6_..8_ ..0_0..
For and in consideration of the sum o~ ...........................................................................................................JJonars ($ ..........:. ................................)
i~$n~ Rai~j~y~WIL. LIAMS~ft~OT~tERS PIPE LINE COMPANY, a Delawm'e corporation, whose mailing address is P.O. Drawer
A ~un'~o,~.paJ. corporal:;~on,
........................................................................................................................... ::L. ............ .....
hereinafter referred to as Grantor(s), does hereby grant t~ WlLLIAIKS BROTHERS PIPE LINE COMPANY, h'
to as Grantee, its successors or assigns, the right at any time or times to construct, maintain, inspect, operate, protect, repair, re-
place, change the size of and remove a pipe line or pipe lines and appurtenances, including necessary communication and control fa-
cilities, for the transportation of liquids, gases and/or solids along a route to be selected by Grantee, with the right of ingress
and egress at convenient points to and from said described facilities, or any of them, for the purposes aforesaid, on, over and
through certain lands siltmate in the County of .... JO .h..~..8_~O~_ ...............................and State of.. Iowa
"See dSscrlptlon attached hereto"
and described as follows: ..............................................................................................
Further it is understood that this right-of-way agreement is in whole or in
padif on a public street right-of-way and in the event maintenance, improvements,
or intersections thereon now or in the future, ~equtre alteration, movement or
protection of the Grantee's line, the same shall be done at grantee's expense
in Seericoh..~ FOUr To~.~;~Sevent.v-ntne North ~ Six West
.................................................. w,,:,,,m ....................~ .........................~ange ........................................
Communication and control facilities, ig const~cted above ground, shall be located along the pro10e~y or fence l[nes.
Grantee hereby cowmants insofar as it is practicable so to do, to initially bury said pipe line or pipe lines so as not to
interfere with the ordinary cultivation of that par~ of said premises which at the time of construction has been under cultivation,
except that, at the option of Grantee, said pipe lines may be placed above any stream, ravine, ditch, or water course.
The said Grantor, its heir or assigns, may use and en~oy the said premises except that said Grantor, its heirs or assigns,
covenants not to interfere, nor permit others to interfere, in any manner whatsoever with the rights herein given Grantee, its suc-
cessors or assigns.
All damage to crops,, timber, fences, drain tile, buildings, and other improvements, on said premises, which Grantor may sushdn
by reason of Grantee's exercise of aforesaid rights, shall be paid for within a reasonable time after such damage is sustained.
If the amount of said damage which Grantor may sustain by reason of Grantee's exercise of aforesaid rights cannot be mutually
agreed upon, the same shall be ascertained and determined by three disinterested persons, one thereof to be appointed by the owner
of the premises, one by Grantee, and the third by the two so appointed by the aforesaid, the award of two of such persons being
final and conclusive. In addition to this, there shall be paid upon the construction of the first line of pipe an additional com-
pensation at the rate of ......... ..-...-_...~._..P__8._~.~_..%..-._-._-.. ....... .per rod for each lineal rod, or fraction thereof, of pipe constructed on the
above described premises.. T~Xa~~~3~iX~~[I[~{~]~~~~~~~~
Grantor also hereby releases and waives all rights, ff any, as against Grantee under and by virtue of dower, cur~esy, and the
homestead exemption of said state.
The provisions of t~[s Agreement shall constitute covenants running with the land, and shall be binding upon, and inure to the
benefit of, the par~ies hereto, their successors, assigns, personal representatives, and heirs.
The provisions of this agreement shall be binding upon, and inure to the benefit of, all Grantors signing, despite the failure
to sign of any named Grantor.
CORPORATE
36657
Check No.
September z. 66
· THE C-tT~ OF CORALVILLE, IOWA/,
'-// ., //)/ Mayor
........................ (SEA )
045-12- JH-5-X-1
N
Tract o ......................
ACKNOWLEDGMENT FOR CORPORATION
STATE OF IOWA Iowa
COUNTY OF Johnson
On the 29th day of September, 1967, before me, Donald L.
Diehl, the undersigned officer, personally appeared
Clarence H. Wilson, who acknowledged himself to be the
Mayor, of the City of Coralville, Iowa, a municipal corpora-
tion, and that he, as such mayor, being authorized so to do,
executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by himself
as mayor.
In witness whereof I hereunto set my hand and official
seal.
STATE OF IOWA
COUNTY OF JOHNSON
Notary Public
NOTAPdAL SEAL
On the 29th day of September, 1967, before me, Donald L.
Diehl, the undersigned officer, personally appeared Helen
Bourgeois, who acknowledged herself to be the Clerk of the City
of Coralville, Iowa, a municipal corporation, and that she, as such
Clerk, being authorized ~o to do, executed the foregoing instru-
ment for the purposes therein contained, by signing the name
of the corporation by herself as Clerk.
In witness whereof I hereunto set my hand and official
seal.
/' ~ ~
Notary Public
872
DES CRIPT ION . ,~-7
A certain strip or parcel of land five (5) feet in width situated in
that part of the fractional Northwest quarter (NW1/~), lying South of
the Interstate Highway right-of-way and Easterly of the Westerly right-of-
way line of Quarry Road in Section Four (4), Township Seventy-Nine (79) North,
Range Six (6) West of the 5th P.M., Johnson County, Iowa, said strip or
parcel being two and on-e half (2-1/2) feet on either side measured at
right angles, from the center of the existing Six (6) inch diameter pipe
Co~encing at the Northwest co~ner of said Section 4; thence East on th~
North line of said Section 4, 259.72 feet; thence South 309.03 feet to an
iron rail ~rking the South rightJof-way line of said Interstate Highway; thence
N 89°39'35"E, on said South highway right-of-way line, 200.20 feet to a point
'6n~he center line of said existing 6 inch diameter pipe line, said point
be'ing the point of beginning for the center line hereafter described; thence
S18~09'30"E 72 78 feet; thence S18°23'00"E, 25.32 feet; thence S13~56'00"E,
12.20 feet; thence S0"24'00"W, 16.59 feet to a point, said point being 67.18
fee~ Southeasterly, measured at right angles, from the Westerly right-of-way
line of Quarry Road; thence S24~59'45"W, 34.75 feet; thence S24~18'45"W~
"~0'7.~O4 feet to a point', said point being ~'1.75 fee't Southeasterly, measured
at right angles, from said Westerly right-'~way line o~ Quarry Road; thence"
S23~3~'45"W, 163.97 feet to a point, said poln~ being 59.06 feet Southeasterly,
measured at rfgh~ angle~, from said Westerly right-of-way line of Quarry Road;
~hen~e S23~49'45"W, 156.27 feet to a point, ~aid point being 58.39 feet
:~ou~,heas erly, measured at right a~gles, from said Westerly right-of-way line
o'~ '~u~ry Road; thence S23~27'30"W, 235.4~'~f'eet '~to a point, said point being
58.90 feet Southeasterly, measured at right angles, ~rom said Westerly right-
of-way line of Quar.~y Road; thence S50"50'15"W, 15.14 feet; thence S72~32'30"W,.
'~3~57 feet; thence N71"05'45'~, 41.87 fe~t.to the point of ending on said .'-.:~' '::~
~'~%t~rly right-of,way 'line of Quarry Road, said point being 56.41 feet Norths.'
Refer to: 13-~-6
F< '62
8M--8-64-13908
PB 12515
Johnson
........ Courl~ r-.- ..----~
Permit No. ~'2-~'~
L
IOWA STATE HIGHWAY COMMISSION
Application for Approval of Underground Construction
on State Highway Right-of-way.
Applicant:
WILLIAM3 BR6THER3 PIPE LINE CO1/PANY
...................................................................................................................................................... JL...L[: ....
Name of I~ividu~l or ~y
B~/an~ Bui~6~ng, Kan~a~ C~.ty, ~t~our~
~dre~
incorporated under the laws of the State of ..... ~.~.~'.~.~.~ ......................with principal place of business in
Iowa State Highway Commission,
Ames, Iowa ......
Gentlemen:-- '"
Approval is hereby requested for under, ground construction of
6-5/8 inch O.D. Petroleum
"(de~ribe fully work contemplated)
_ Product$ Pipe Line 'incased in 10-3/~ inch O.D~; Ca~in~'P'ipe, to be
under ~e tw~ Z-S0 I~a ~iver b~idges. . .
Plat of proposed underground construdion showing location ~nd other
pe~inent information, sh~11 be ~ff~ched to e~ch copy of the ~ppllcatlon.
. I-SO Johnaon
The propos~ line will be [~at~ on Primary ~oa5 ~o ............................ , ...............................................County,
.......... -~ .....miles Noah from Iowa
...................................................................... more specifically described ~s follows:
(dlr~:on) ~¢e, t~n, e~,)
S62+7!2
AGREEMENTS. The applicant agrees that the following stipulations shall govern under this permit:
1. All trenches constructed longitudinally along the road shall be placed not closer than ....... '-'--"-_.~-..feet
from the edge of the pavement, or not closer than ........ .feet from the centerline of unpaved highways.
2. The applicant will at any time subsequent to placing the cable, pipe line or tile line, and at his
own expense, relay, reconstruct or encase his lines as may become necessary to conform to new grades, align-
ment or widening right-of-way, resulting from maintenance or construction operations by the Highway
Commission irrespective of whether or not additional right-of-way is acquired in connection with such high-
way improvement. The applicant agrees to do this promptly on order by the Iowa Highway Commission, and
without cost to the State. If the applicant is unable to comply promptly, the Highway Commission may cause
the work to be done, and the applicant will pay the cost thereof upon receipt of statement.
The Iowa Highway Commission will endeavor to give the applicant sufficient notice of any proposed
construction or maintenance work, on either existing or newly acquired right-of-way, that is likely to expose,
cover up, or disturb any cable, pipe line, or tile line belonging to the applicant, in order that the ap~oli-
cant may arrange to protect his lines. The Highway Commission will inform contractors, and others work-
ing on the job, of the location of the lines so that reasonable care may be taken to avoid damaging the lines.
The State and the Highway Commission assume no responsibility however, for failure to give such
3. The State and the State Highwa`, nmission assume no responsibility fo ~amages to lb, .,plicant's property occasioned by an,, .,~n-
struction or maintenance operations on saia highway, including new or additional right-of-way acquired in connection therewith, subsequent to the
building of the said pipe llne, conduit or tile llne.
4. The applicant shall take all reasonable precaution during the construction of said cable, pipe line, or tile line to protect and safeguard the
lives and property of the traveling public and adjacent property owners and shall save the State and the State Highway Commission harmless of any
damage or losses that may be sustained by the traveling public or adjacent property owners on account of such construction operations.
5. Operations in the construction and maintenance of said cable, pipe line, or tile line shall be carried on in such a way as to not interfere
with, or interrupt traf~c on said highway.
6. The applicant shall hold the State and the State Highway Commission harmless from any damage that may result to said highway because
of the construction or maintenance of said cable, pipe llne, or tile line, and shall reimburse the State or the State Highway Commission for any ex-
penditure that the State or the State Highway Commission may have to make on said highway on account of said applicant's cable, pipe line, or tile
llne having been constructed thereon. ~ '' ' ....
7. The applicant agrees to give the State Highway Commission forty-eight hours' notice of its intention to start construction on the highway
right-of-way. Said notice shall be made in writing to the person whose name is shown below.
8. Cable, pine line and tile llne crossings shall be constructed as follows: Water mains 2" or less inside diameter shall be copper, lead or cast
iron. Water mains of more than 2" inside diameter shall be cast iron and be encased. The casing shall be of adequate strength, and of subiclent
length to extend 2' beyond the edge of the shoulder line. Pressure sewer lines shall meet the same requirements~ as water mains. Gravity sewer
lines and tile lines shah be cast iron pipe or an approved extra strength pipe and need not be encased. Natural gas service lines and mains in town
distribution systems need not be encased except as may be required of (9) below. On paved roads cables, pipe lines and casings may be placed
through the subgrade by lacking, or by boring a hole just large enough to take the line; or if the highway engineer approves, a tunnel may be dug
through and the cable, pipe line or casing placed therein. On roads not paved an open trench may be dug and the cable, pipe line or tile line. placed
therein, and the tren'ch backfilled over the line. All backfill of tunnels and trenches shall be thoroughly compacted in layers of 6" or less in depth.
All work shall be done in a workmanlike manner, and the ground left in a neat condition satisfactory to the highway engineer in charge.
9.. Pipe lines conveying gas, natural or artificial, oil, gasoline, motor fuel or other inflammable substances under and across pEima~y roads
shall be installed in accord with rules of the Iowa State Commerce Commission and American Standard Transmission and Distribution Pipi.ng Sys-
tem requirements.
10. This permit is subject to any laws now in effect or any laws which may be hereafter enacted. ' ........
11. This application is subiect to all the rules and regulations of the State Highway Commission and to revocation by the State Highway
Commission at any time, when in the judgment of the Commission it is necessary in the improvement or maintenance of the highway or for other
reasonable cause.
12. The Iowa State Highway Commission's current policy on utilities shall apply to the work proposed in this application. .~;; .~..
RECOMMENDATIONS 'gillJams Brothers ..?..J...D.e....Ll.~,e.....(~om~an.y
~DistrictEngineer 320 ~a~o~al Sa~ of ~ss ~ld~.
Date ' ':' ~.~ ..~.~ ~.2_.~ .... Address.~.~,.~....O~.~O~ .............................. ~W~:~.~.~..~..
........................... :: .............' ....................................................: .... .................
APPROVAL OF CITY OR TOWN
(If proposed line is within an incorporated town or city, the Council of said town or city must grant approval for installation).
"The undersigned city or town joins in the grants embodied in the above permit executed by the Iowa State Highway Commission on condi-
tion that all o¢ the covenants and undertakings therein running to the Iowa State Highway Commission shall inure to the benefit of t~e undersigned
city or town and said permit is approved by the council of such city or town at a legally constituted meeting of Ihe city council thereof held on
............................................................................................................................ By .............................................................................................,~ ...........................
City Clerk
Date ................................................................................................................
Maurice F. ~urr
The applicant shall send notlce of date of construction to
Res. Maint. Engr.
I~a City~ I~a 52~40
(On Interstate roads 5 copies o¢ the application and plat and on primary roads 4 copi~ the application and plat must be ~led with District
Van ~. Snyder Cedar
5n~neer ......................................................................................................... ~o~ S~s~ H~h~oy Com~ss~ou ............................................................................
~o~ each uode~ound cons~ucfio~ p~o~ec~ DO H~h~ o{ ~ay o~ ~n~e~s~a~e add PHma~y ~oads. Pe~s fo~ ~o~k ~h~o c~Hes o~ ~o~os ~eq~e one
County
Permit'. No.
Ingress and egress to the interstate right of way and
maintenance of the proposed installation shall be from private
right of way or in accord with the current policy on utilities
on interstate and primary highways.
P"_,e'/..,'F , :' :' '
WILLIAMS BROTHERS PIPE LINE CO.
KANSAS CITY, MISSOURI /
..-. IA.r.E.! "'
DRA~,VING ~IUHBER ~!
~'
STATE OF IOWA
BEFORE THE IOWA NATURAL RESOURCES COUNCIL
IN THE 1VIATTER OF THE APPLICATION OF)
WILLIAMS BROTHERS PIPELINE COMPANY )
)
ORDER NO. 66-202
This matter having come on for final consideration by the Iowa
Naturai Resources Council at a meeting on the twenty ninth day of
August, 1966.
WHEREAS, the Iowa N~ural Resources Councii, acting under
the authority of Chapter 455A, Code of Iowa I962, as amended, finds that
the construction, operation, and maintenance of a pipeline
crossing of the Iowa River in Section 33, T80N, R6W, Johnson
County, Iowa, in accordance with the application, plans, and
specifications submitted by Williams Brothers Pipeline
Company, Anamosa, Iowa, will not adversely affect the efficiency
of or unduly restrict hhe capacity of the floodway, adversely
affect the control, development, protection, allocation, or
utilization of the water resources of the State, adversely
affect or interfere with the state comprehensive plan for
water resources, an approved local water resources plan,
or flood control in the State.
IT IS THEREFORE ORDERED by the Iowa Natural Resources
Council that the aforementioned application, plans, and specifications
which are made a part of this order be and are hereby approved subject
to the followin~ conall±ions:
RECEIVED
FEB 7 1967
NED
~.,
(i) no material change in the construction shall be undertaken
or made unless first authorized by the Iowa Natural Resources
Councii;
(2) this order may be revoked by the Iowa Natural Resources
Council if construction is not completed within three years
of the date of issue;
'(3) notification of completion of construction sha£i be made
to the Iowa Natural Resources Council within thirty days after
~f~e ........ completion;
COUNCIL ORDER NO. 66-202
(4) the appiicant shail be responsibIe for proper maintenance;
(5) no legal or financial responsibility arising from the con-
struction or maintenance of the approved works shaII attach
to the Slate of Iowa or the Iowa Natural Resources Council
due lo the issuance of this order;
(6) the applicant shall be responsible for obtaining
such other governmental licenses, permits or approvals
and such lands, easements and rights-of-way as are
required for the construction, operation, and main-
tenance of the approved works;
(7) that all spoil material resulting from the
construction of the crossing shall be disposed of in
such a manner so as not to obstruct the stream channel
or floodway.
BE IT.FURTHER ORDERED that the Director of the Iowa
Natural Resources Council be and is hereby authorized and directed
to provide and deliver to the applicant a true and correct exhibit of
this determination, duly certified by him to be a true and correct
exhibit of the proceedings of the Iowa Natural Resources Council in
respect to this appiication at a meeting of the Iowa Natural Resources
Council held on the date hereinabove indicated.
CERTIFICATION
I, OTHIE R. MC MURRY, do hereby certify that I am the
duly appointed and acting Director of the Iowa NaturaI Resources
Council and that the foregoing is a true and correct exhibit of the
proceedings of the Iowa Natural Resources Council in respect to this
application at a meeting held on the twenty ninth day of August,
1966.
August 31 , I9 66
MC MU~RY, ~-RECTOR
CP-34872 6/65
04. -
INRC :Form i At. J6 ! ? 1966
APPLICATION FOR APPROVAL OF CONSTRUCTI~"Ol~ Ol~ -,~N f-FI~OODWAY
(Submit Application and all Attachments in Duplicale)
(Please Print in Ink or use Typewriter)
TO: IOWA NATURAL RESOURCES COUNCIL DATE August 10, 1966
STATE HOUSE
DES MOINES 19, IOWA
Application is hereby made, under the provisions of Chapter 455A, Code of
Iowa 1962, for approval of the construction, operation, and maintenance of
the works described herein and on the attached plans and specifications:
(i)
Name and Address of Each Applicant (include all persons having
legal responsibility for construction, operation, and maintenance)
Williams Brothers Pipe Line Compa_n_y .....
Box _IRi___,
Anamosa, Iowa
(2) Title or Designation of Plans and Specifications
Iowa City-Dubuque Lateral
Prepared by: (name and address)
Williams Brothers Pipe Line Co.
(3)
P.O. Drawer 2239 Kansas City, Kansas
Brief Description of Works and Benefits Expected
Construction of a .six_L6_) inch pipeline for the_ ......
t ransmi s s ion o f 1 i .~id_pe t r_o_l_~u~l _p~odllDt s_ke~twaan_ ....
Iowa City_L Iowa, and Dubuquej__Io_wa
(4) Location (name of watercourse and land description)
See Exhibit "A"
7-16-62
(5)
(6)
Anticipated Dates of Construction
Initiation September Completion December -~___..
All lands required for the construction, operation, and main-
tenance of the described works are not owned by the
(are) (are not)
applicant(s) as titleholders of record. *(If not, attach infor-
mation indicating the nature and extent of easements and
rights-of-way which have been or will be obtained. )
* easements are being acquired
Page 1 of 2
INRC Form No. 1
I (We), being first placed under oath, certify that this application and the plans,
specifications, and any other attachments, which are made a part hereof, have
been reviewed and approved by the applicant(s) and are true and correct to the
best of my (our) knowledge and belief.
Signature by or for Each Applicant
Indicated in Item No. 1
Vincent E. Butler, Vice President
~_Vill !.a_.m_ s _B_r. o_t. he_~_P_ime_ L[.n_e_C_.o_~_nv_
Attest: .
Asst. Sec retf~'ry V
Williams Brothers Pipe Line Company
STATE OF ~A~ OI~LAHOMA )
COUNTY OF TULSA )
Official Capacity if
Other than Named Applicant
I hereby certify that the foregoing application was signed in my presence and
sworn to before me by Vincent E. Butler, Vice President,
Williams Brothers Pipe Line C_o_m_.p_a_nv
this 16th day of _August , 1 9 66.
My Commission Expires:
_x--_._/_C.,,_ ._7..
(Notary Pub,Pie)
I hereby certify that this Application is an accurate and correct copy of the
Application made a part of Iowa Natural Resources Council
Order No. ~-:-~'2'~/,-~, o"~; ~ 2~? Approved ~,,,.c~. XJ6-~.~:~.:
IOWA NATURAL RESOU~L:~S COUNCIL
Page 2 of 2
CP.32970
RIVER or CP~EEK
Rapid Creek
Iowa River
Cedar River
W&lnut Creek
Wapsipinicon River
Maquoksta Ri¥sr
North Fork Maquoketa
River
EXHIBIT "A"
RIVER CROSSINGS
of
proposed 6" pips line
COUNTY TOI~ISHIP RANGE SECTION DESCRIPTION
Johnson 80 North 6 West 27 S~-SE¼
Johnson 80 North 6 West 33 SW~-SW¼
Johnson 81 North 5 West 2 NW~
Jones 83 North & West 13 SE¼-NW¼
Jones 84 North 3 West 32 SW¼-NE¼
Jones 85 North 2 West 11 N~¼
Jones 86 North 1 West 3
87 North 1 West 35 SE¼-NE¼
87 North 1 East 22 NE¼-N~
4ohn C~ ~k .~ubuque
-P~ai r ie-~/r~ z Dubuque
RIGHT OF WAY
AGREEMENT
Tract No.
For and in consideration of the sum of One hundred and eighteen and no/100
Dollars ($ ] ] ~, 00 ), the receipt of which is hereby acknowledged, the undersigned, herein called Grantor (whether one
or more), hereby grants, sells, conveys and wart.ants to WlLLIA/VIS BROTHERS PIPE LINE COlV[PANY, a Delaware corpo-
ration,. whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and assigns, herein called Grantee, an
easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter, replace, change the size of, and
remove a pipeline or pipelines and appurtenances at any time or times for the t~ansportation of liquidus, gases, and/or solids upon
and along a route or routes to be selected by Grantee, on, over and through the following described land located in the County
of JOHNSON , State of IOWA , to wit:
Government Lots ~,9, and 10 and all of Government Lot 7 except a tract of
land belonging to Heinrich containing 20 acres, also a small tract in the
Southwest corner of Lot 6, all being in Sec. 33, Twp 80 N., R 6 West of the
5th P.M.
As staked by Williams Bros. survey crew across the South 50 feet of before
mentioned property.
with the right of ingress and egress to and from said easement and right of way for the purposes aforesaid. Grantee may
temporarily use work space as needed during the exercise of the rights granted herein. Grantee agrees to pay or eatuse payment
to be made for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the rights herein
granted; provided, however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages
mused to trees, undergrowth, and brush on the pipeline easement and right of way in the clearing of such obstructions from
said easement and right of way.
Grantor shall be paid an additional consideration at the rate of $1.00 per lineal rod, or a fraeLion thereof, for each pipeline
constructed from time to time on the premises under this grant after construeion of the first pipeline. Such additional pipelines
shall be laid as nearly parallel and as dose as practicable to the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with or
impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee. Any pipeline
or pipelines constructed under this agreement shall be buried across tillable lands to such depth as will not interfere with normal
tilling methods employed at the time of such construction, except that Grantee, at its option, may construct its pipelines above the
charmel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed fluat any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such pay-
ment to the credit of Grantor, or any one of them, in theFirst National Bank, of Iowa City, Iowa
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, curtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the
parties thereto. The easement and right of way herein granted may be leased or assigned in whole or in p.art.
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors an assigns, until
such time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF THE 25th DAY OFAugust
,A.D.,~9 66 ..
Signed, sealed and delivered in the presence of:
GRANTORS: GRANTORS:
Maude R. Butler
(SEAL)
(S~AL)
(SEAL)
(SEAL)
(SF, AL)
(SEAL)
(SFu~L)
(SEAL)
_ Draft No.
J. C. Waggoner
(SEAL)
-. , ACKNOWLEDGMENT FOR INDIVIDUAL
State of
Before me, the undersigned,
a Notary Public in and for the County aforesaid on this' ~/- day of ~ ,
19 ~/ , personally appeared
-~-y_.~.-~/' k~.-'~ ~"~.~.~. ~/~.. n/K/a ~4a~e Beto me known to be the
ident~l person who executed the within and foregoing instrument and acknowledged to me tha~.~'(5 executed the same
as ,?z.-~---. free and voluntary act and deed, for [he uses and purposes set forth.
Witness my hand and official seal.
"% 'ivt' ' ...."' '" ~,
." ,' y Com~si~ '~xpires
State of
ACKNOWLEDGMENT
Notary Public
J.' W. Pearson ' '~,-,
FOR INDIVIDUAL
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 , personally appeared
identical person, who executed the within and foregoing instrument and acknowledged to me that
as free and voluntary act and deed, for the uses and purposes set forth.
to me known to be the
executed the same
Witness my hand and official seal.
Notary Public
My Commission expires
ACKNOVV-LEDGMENT FOR INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19.__, personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that__
as.__free and voluntary act and deed, for the uses and purposes set forth.
Witness my hand and official seal.
My Commission expires
, 19 .
to me known to be the
executed the same
Notary Public
ACKNOWLEDGMENT FOR CORPORATION
State of
County of
On the day of
the undersigned officer, personally appeared
be the
, 19 , before me, ,
, who acknowledged himself to
of , a corporation, and that he, as such
, being authorized so to do, executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by himself as
In witness wh0reof I hereunto set my hand and official seal.
(Title of Officer)
FOR AND IN CONSIDERATION of the sum of J"t~' ~ .~-~'
Dollars, in hand paid, receipt of which is hereby actm~oxvledged,
Maude B. Butler, 113 South Johnson, Iowa City, Iowa
hereby grant ( ) to the WILLIAMS BROTHERS PIPE LINE COMPANY, a corpora-
tion, its successors and assigns, the right at any time or times to install, oper-
ate, maintain, remove, change the size of, and replace gate vale or gate valves
and gate boxes in connection with the operation of its pipe lines on the following
described premises:
Government Lots 8,9, and 10 and all of Government Lot 7 except a
tract of land belonging to Heinrich containing 20 acres, also a
small tract in the Southwest corner of Lot 6, all being in Sec.
33, Twp 80'N., R 6 Wegt of the 5th P. M.
As staked by Williams Bros. survey crew across the South 50 feet
of before mentioned property.
Together with the right of ingress and egress for the purposes aforesaid. All
damage to crops and timber and fences, buildings, drain tile and other improve-
ments on said premises which Grantor may hereafter sustain by reason of the
installation, operation, maintenance, removal, or replacement of gate valve or
gate valves shall be paid for within a reasonable time after such damage is sus-
tained. This permit shall be deemed to cover any gate valves or gate boxes
placed on the above described property in the past as well as in the future. It
is understood that Grantee shall not be liable for any past exercise of the above
mentioned rights.
WITNESS our hands this
WI~NE~S: z3 '
James hr. Pearson Fr.,
Maude B. Butler
STATE OF Iowa
COUNTY OF Johnson
On this 6th day of
appeared Maude B. Butler
October , 196 6
, before me personally
to me known to be the persons described in and who executed the foregoing in-
strmnent, and acknowledged that they executed the same as their free act and
deed for the uses and purposes as above set forth.
My Commission Expires:
~Notary Public
XJH-3
04.5-iZ- 3'H-3
RELEASE OF RIGHT OF WAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that WILLIAMS PIPE LINE
COMPANY, (formerly Williams Brothers Pipe Line Company), Grantor,
a Delaware corporation with its principal office in Tulsa,
Oklahoma, for and in consideration of $1.00 and other valuable
consideration, the receipt of which is hereby acknowledged, does
hereby release, quitclaim and convey unto Washington Park Partners
Grantee, all of its right, title and interest in the following and
no other described real estate situated in Johnson County, Iowa, to
wit:
Commencing at the Southeast Corner of the Southeast
Quarter (SE¼) of Section 33, Township 80 North,
Range 6 West.of the 5th Principal Meridian, which
Point is 49.84 feet, S89°08'16"W of the Northeast
Corner of the Northeast Quarter (NE¼) of Section 4,
Township 79 North, Range 6 West of the 5th
Principal Meridian, and for the purpose of this
Legal Description, the North Line of said Section
4, is assumed to bear N00°00'00"W in accordance
with existing plats of record; thence N89°59'29"W,
along the South Line of said Section 33, 2,651.39
feet, a Record Distance, to the Southwest Corner of
said Southeast Quarter (SE%) of Section 33; thence
N01°07'29"W, along the West Line of the East One-
Half (E%) of said Section 33, 28.08 feet, to a
point on the Northerly Right-of-Way Line of
Interstate Highway No. 80; thence N01°07'29W along
said West Line of the East Half (E%) of Section 33,
1,280.23 feet, to a Point which is 15.36 feet,
S89°29'00"W, of a U.S. Army Corps of Engineers
Concrete Monument found; thence N01°07'29W, along
said West Line of the East One Half (E½) of Section
33, 169.98 feet, to a Point which is 10.45 feet, ~
S89°36'51"W of a 5/8-inch Iron Pin found, and which
Point is the Point of Beginning; thence ~
N01°07'29"W along said West Line of the East Half ~
' \~.~
(E%) of Section 33, 619.99 feet, to a Point which
is 1.14 feet, N88°24'39"E, of a U.S. Army Corps of
Engineers Monument found; thence N88°24'39"E,
803.35 feet, to a Point on the Westerly Right-of-
Way Line of the proposed relocation of Old Dubuque
Road; thence S06°11'45"W, along said Westerly
Right-of-Way Line 4.14 feet; thence N88°48'17E,
along said Westerly Right-of-Way Line 71.49 feet;
thence Southeasterly 393.99 feet, along said
Westerly Right-of-Way Line, on a 1,066.44 Foot
Radius Curve, Concave Northeasterly, whose 391.75
Foot Chord Bears S28°47'08"E; thence N50°37'52"E,
along said Westerly Right-of-Way Line, 35.71 feet;
thence Southeasterly 340.80 feet, along said
Westerly Right-of-Way Line, on a 1,005.00 Foot
Radius Curve, Concave Northeasterly, whose 339.17
Foot Chord Bears S40°11'54"E; thence S49°54'47"E,
along said Westerly Right-of-Way Line, 5.90 feet;
thence Southeasterly, 74.04 feet, along said
Westerly Right-of-Way Line, on a 2,342.00 Foot
Radius Curve, Concave Northeasterly, whose 74.04
Foot Chord Bears S50°49'08"E, to an Iron Right-of-
Way Rail found; thence S89°36'51"W, 1,374.12 feet,
to the Point of Beginning. Said Tract of Land
contains 15.70 acres, more or less and is subject
to easements and restriction of record.
Also legally described as:
The North 20 acres of the South 25 acres of
Government Lot 7, excepting that part thereof lying
North and East of the centerline of United States
Highway No. 218, as now located in Section 33, in
Township 80 North, Range 6 West of the 5th P.M.
REL-O45-12JH-7.DOC
-I-
<j/i- 7
Tract 045-12JH-7
acquired by virtue of that Certain Right-of-Way Agreement executed
by Don C. Alberhasky and Helen Alberhasky on the 25th of August,
1966, and filed for record 15th day of September, 1966, with the
County Recorder of Johnson County, Iowa, in Book 291, Page 54, and
assigned to Williams Brothers Pipe Line Company by Special Warranty
Deed dated March 15, 1966, and filed for record with the County
Recorder of said Johnson County, Iowa, in Book 280, Page 177, it
being the intent of Grantor to extinguish said Right-of-Way
Agreement only insofar as it applies to the above described land.
By acceptance hereof, Grantee acknowledges and agrees that
Williams Pipe Line Company, its successors and assigns, are hereby
released rom the covenants contained in said Right-of-Way Agreement
as to the lands herein released from the burdens thereof.
IN WITNESS WHEREOF, WILLIAMS PIPE LINE COMPANY has caused
these presents to be executed and its corporate seal affixed this
day of , 19 ~.~, M
(. -'lJ I.~// \
ANDREW S. N~MICK, Supervisor
Real Estat~ & Claims
Attorney-in-Fact
STATE OF OKLAHOMA )
)ss
COUNTY OF TULSA )
BEFORE ME, the undersigned, a Notary Public in and for the
county and state aforesaid, on this day of ,
19 , personally appeared Andrew S.Nimick, Supervisor, Real Estate
and Claims, who being by me duly sworn, did say that he is the
Attorney-in-Fact for Williams Pipe Line Company, a Delaware
Corporation, by virtue of a March 17, 1994, Power of Attorney filed
for record March 23, 1994, in the County of Tulsa, State of
Oklahoma in Book 5607,at Page 1157, as Document 94034421, and that
the seal affixed to this instrument is the corporate seal of said
corporation, and that said Andrew S. Nimick acknowledged said
instrument to be the free act and deed of said corporation.
In Testimony Whereof, I have hereunto set my hand and affixed
my official seal at my office in said County and State the day and
year last above written.
My Commission Expires:
Notary Public
REL-045-12JH-7.DOC -2- Tract 045-12JH-7
T
WILLIAMS PIPE LINE COMPANY
Tract No. " "~
RIGHT OF W AY AGREEMENT
For and in consideration of the sum of Ten and no/100 Dollars ($ !0. O0 ),
the receipt of which is hereby acknowledged, and the further consideration of
One anti no/100 Donars
($ l. 00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTI-IF~S PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gasses and/or solids upon and along a route or routes to be selected by Grantee on, over and through the following
described land located in the County of JOMNSON , State of ~O~/~A
to-wit:
All that part of the North 20 acres of the South 25 acres of Government
Lot 7, except the South 5.11 acres thereof; lying South and West of the
centerline of 01d U.S. Highway 218 as presently located excepting a
strip 50 feet in width running parallel with said centerline; located in
Section 33, Twp 80 N., R 6 West of the 5th P.M.
Also the SI'[~ m~ .,
S~- of Sec. 33, T;:~. 80 N R. 6 ~dest of the 5th P.M.
with the right of ingress and egress to and from said easement and right of way for the purposes aforesaid. Grantee may temporarily
use work space as needed during the exercise of the rights granted herein. Grantee agrees to pay or cause payment to be made
for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the rights herein granted; provided,
however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages caused to trees,
undergrowth and brush on the pipeline easement and right of way in the clearing of such obstructions from said easement
and right of way.
This option shall extend for a period of twelve (12) months from the date hereof, during which time Grantee may enter
upcn the premises for the purpose of making surveys and soil tests or performing acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal rod of pipeline to be initially constructed on said lands. Upon such payment this option shall become an indefeasible
easement and right of way. If Grantee fails to make said payment within twelve (12) months from the date hereof, all rights,
terms, and conditions of this Agreement shall cease and determine. Grantor shall be paid an additional consideration at the
rate of $1.00 per lineal rod, or a fraction thereof, for each pipeline constructed from time to time on the premises under this
grant after construction of the first pipeline. Such additional pipelines shall be laid as nearly parallel and as close as practicable to
the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with
or impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee.
Any pipeline or pipelines constructed under this Agreement shall be buried accross tillable lands to such depths as will
not interfere with normal tilling methods employed at the time of such construction, except that Grantee, at its option, may con-
struet its pipelines above the channel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed that any payment due hereunder may be made direct to Grantor ~or any, one of them, or by depositing such
. "~-~-"~'~.'~/ '-f-~ . Bank,
The terms and provisionSoil this Agreement shall constitute covenants running with the land and shall be binding upon and
mute to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, eurtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the parties
thereto. The easement and right of way herein granted may be leased er assigned in whole or in part.
944,c,
. ~ _. ~ ~-~,~, cov.~:;~..
TO ~V~ ~D TO HO~ said easement, right o~nd privUeges unto the Gr~t~, i~ successors ~d ~si~, until
such time m Gr~tee, its sueee~ors and assi~, releases or relinquishes, in writing, its righB herein granted.
Signed, sealed and delivered in the presence of:
GRANTORS:
.~ ~on C. Alberh~s.ky .
Helen Alberhasky
(SEAL)
GRANTORS:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
' '~'~d'~ "~ 0'~Z"~'~ ' "~-- Draft No.
../' ( Right-of- Way'Ag'ent )
J. C. Waggoner
54
(gEAL)
Tract No. ,; / v,
ACKNOWLEDGMENT FOR INDIVIDUAL
State of'~.__..~"7-
county of ~ /
. Before me, the undersigned, a Nbtary Publi~ in and for ~e County ~oresaid~ this..-~ .~ay of ~~ ' ,
19 ~ ~ , personally appeared -f~- .:~//~~ ~.~x ~'[ ~'~ ~-~'~ ~ me~known to be ~e
/
identi~l ~erson ~Dwho executed the within and foregoing instrument and acknowledged to me th~ executed ~e
~'/-~{ree and voluntary act and deed, for ~e uses and purposes set forth.
Witness my hand and official seal.
' ~
Lheille M.
Notary ~c
Es~ep
INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 , personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that.
as free and voluntary act and deed, for the uses and purposes set forth.
to me known to be the
executed the same
Witness my hand and official seal.
Notary Public
My Commission expires
ACKNOWLEDGMENT FOR INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19~, personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that~
as.~.free and voluntary aM and deed, for the uses and purposes set forth.
to me known to be the
executed the same
Witness my hand and official seal.
NotaryPublic
My Commission expires
, 19
ACKNOWLEDGMENT FOR CORPORATION
State of
County of
On the day of . 19 , before me, ,
the undersigned officer, personally appeared , who acknowledged himself to
be the of , a corporation, and that he, as such
- , being authorized so to do, executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by himself as
In witness whereof I hereunto set my hand and official seal.
(Title of Officer)
RIGHT OF WAY
AGREEMENT
Ten and no/100 10o00
For and in consideration of the sum of Dollars ($ ),
the receipt of which is hereby acknowledged, and the further consideration or
One and no/100 Dollars
($ lo 00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTP1ERS PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, l~dssouri, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gasses and/or solids upon and along a route or routes to be selected by Grantee on, over and through the following
described land located in the County of JOHNSON , State of TOWA
to-wit: '
See description attached hereto and made a part hereof
with the right of ingress and egress to and from said easement and right of way for the purposes aforesaid. Grantee may temporarily
use work space as needed during the exercise of the rights granted herein. Grantee agrees to pay or cause payment to be made
for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the rights herein granted; provided,
however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages caused to trees,
undergrowth and brush on the pipeline easement and right of way in the clearing of such obstructions from said easement
and right of way.
This option shall extend for a period of twelve (12) months from the date hereof, during which time Grantee may enter
upcn the premises for the purpose of making surveys and soil tests or performing acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal rod of pipeline to be initially constructed on said lands. Upon such payment this option shall become an indefeasible
easement and right of way. If Grantee fails to make said payment within twelve (12) months from the date hereof, all rights,
terms, and conditions of this Agreement shall cease and determine. Grantor shall be paid an additional consideration at the
rate of $1.00 per lineal rod, or a fraction thereof, for each pipeline constructed from time to time on the premises under this
grant after construction of the first pipeline. Such additional pipelines shall be laid as nearly parallel and as close as practicable to
the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with
or impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee.
Any pipeline or pipelines constructed under this Agreement shall be buried aceross tillable lands to such depths as will
not interfere with normal tilling methods employed at the time of such construction, except that Grantee, at its option, may con-
struct its pipelines above the channel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Grantor, or any one of them, in the Town State Bank and Trust Company Bank,
Iowa City, Iowa
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, curtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the parties
thereto. The easement and right of way herein granted may be leased or assigned in whole or in part.
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors and assigns, until
s~ch time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
GRANTORS:
Signed, sealed and delivered in the presence of:
(SEAL)
GRANTORS: Johnson County Broadcasting
'Scott Swisher - President
(SEAL)
(S~AL)
(SEAL)
Gen E~. Claussen
- Secretary
(SEAL)
Co
Draft No.
(SEAL)
AGREEMENT
Ten and no/100
For and in consideration of the sum of Dollars ($ '),
the receipt of which is hereby acknowledged, and the further consideration of
One and no/100 Dollars
($ 1 ~ 00 ) per lineal rod of pipeline, or a fraction 'thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTHERS PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, 1VI_issouri, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, al~er,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or tim. es for the transportation
of liquids, _gasses and/or solids uonn ~nd nlv,,',,,' ~, .... + ....... +~ ,~ r. .......... 'h the following
All that part of the SE¼ SE~ of Section 33, Twp 80 N., R 6 West of the
5th P.M. in Johnson County, Iowa, which lies on the south side of the
censer of United States Primary Highway No. 218 as it now exists in said
section excepting a tract of 8 acres more or less in the southeast corner
thereof described as follows: Beginning at a stone at the Southeast corner
of Sec. 33, thence West 443 feet, thence North 1010 feet more or less to
the center of the public highway, thence southeasterly along the center of
said highway to its intersection with the east line of said Section 33 a
distance of 757 feet more or less to point of beginning. Also all that
part of Government Lot 6 in Sec. 33, Twp. and Range aforesaid, lying south
and west of the center of the public highway excepting a strip 40 feet in
width east and west of the west side thereof.
upcn the premises for the purpose of making surveys ~n~t soil tests-or performing acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal red of pipeline to be initially constructed on said lands. Upou such payment this option shall become an indefeasible
easement and right of way. ff Grantee fails to make said payment within twelve (12) months from the date hereof, all rights,
terms, and conditions of this Agreement shall cease and determine. Grantor shall be paid an additional co~zsideration at the
rate of $1.00 per lineal rod, or a fraction thereof, for each pipeline constructed £rom time to time on the premises under this
grant after construction of the first pipeline. Such additional pipelines shall be laid as nearly parallel and as close as practicable to
the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with
or impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee.
Any pipeline or pipelines constructed under this Agreement shall be buried accross tillable lands to such depths as will
not interfere with normal tilling methods employed at the time of such construction, except that Grantee, at its option, may con-
struct its pipelines above the charmel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Grantor, or any one of them, in the Iowa State Bank and Trust Company Bank,
of Iowa City, Iowa
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, eurtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the parties
thereto. The easement and right of way herein granted may be leased or assigned in whole or in part.
EiLEI2. EORRECORD ~'~ ~VI, T~-iIg /~- DAY'I~E'
9450 ......' ' · . --
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors and assigns, until
such time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
EXECW ON 2S- DAY , A.D.,
GRANTORS:
Signed, sealed and delivered in the presence of:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
GRANTORS: Johnson County Broadcasting
' Scott Swisher - President
Oen' E~. Glaussen
- Seeretary
(SEAL)
Go
Draft No.
(SEAL)
(SEAL)
Tract No~' ',,~,~ c'('~
· ACKNOWLEDGMENT FOR INDIVIDUAL
State of Towtt '
County of Johnsnn
. Before me, the undersigned, a Notary Public in and for the County aforesaid on this 2.,C~h day of August ,
19 66 , personally appeared $o~ 8wlmho~' and Gone F,. Claussen to me known to be the
identical person_M_who executed the within and foregoing instrument and acknowledged to me that~he~v executed the same
as ~ho~-l~ree and voluntary act and deed, for the uses and purposes set forth.
Witness m~r"band and official seal.
?2' "".~','" ' ~.
~' ,. ~, " t- . ..~
My ~o~,o~ e~p,~es . f~~ .~ , 19... :
'<~.~i~.L:: ACKNOWLEDGMENT
58
FOR
Notary
Hazel Sowdey
INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 , personally appeared
identical person who executed the within and foregoing instrument and acknowledged to me that
as free and voluntary act and deed, for the uses and purposes set forth.
to me known to be the
executed the same
Witness my hand and official seal.
Notary Public
My Commission expires
ACKNOWLEDGMENT FOR INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 .~, personally appeared
identical person___who executed the within and foregoing instrument and acknowledged to me that
as free and voluntary act and deed, for the uses and purposes set forth.
Witness my hand and official seal.
My Commission expires
, 19
to me known to be the
executed the same
Notary Public
ACKNOWLEDGMENT FOR
State of T
County of Johns or~
CORPORATION
On the 25tbday of Au~ust ,19 66 before me, H~.el Sawde¥ themse'l~
the undersigned officer, personally appeared Scott Swisher & Gene E. Claussen, who acknowledged~f to
Uo~P. e
be the President & Secretary o~ ,Johnson ~o~,pty Rroadeast~nga co,oration, and maF~,~ssuch
. ~F~{ ~ , being authorized so to do, exerted ~e foregoing instrument for the purposes ~are~
em yes
cg~_~e~"~ing the name of the corporation b~~ ~' * *
~ ~e~w~eof I hereunto set my hand and offiei~ seal, ,'
: t',':~-' '~ "-; ..' ,.....~(, ..
· ~ e&'..~ . /~' - /.. ~ , . ..............
-' v~' '~'~ * .... · r -~h
.,:~¢,.[' ~,,, Notary hbiie ~n and fo
'~;~?~ ~ ......... " % ' ~OU~ ~ I~of Officer)
RICHT OF VA¥ CREI]MENT
~' jH&~
Tract No.
For and in consideration of the sum of Ten and no/100 Dollars ($ 10.00
the receipt of which is hereby acknowledged, and the further consideration of
One and no/100 Dollars
($ 1· 00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WII.LIAMS BROTHERS PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, 1VIissotu'i, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gassos and/or solids upon and along a route or routes to be selected by Grantee on, over and through the following
described land located Lu the County of JOHNSON , state of IOWA ,
to-wit: ..
See description attached hereto and made a part hereof
with the right of ingress and egress to and from said easement and right of way for the purposes aforesaid. Grantee may temporarily
use work space as needed during the exercise of the rights granted herein. Grantee agrees to pay or cause payment to be made
for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the rights herein granted; provided,
however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages caused to trees,
undergrowth and brush on the pipeline easement and right of way in the clearing of such obstructions from said easement
and right of way.
This option shall extend for a period of twelve (12) months from the date hereof, during which time Grantee may enter
upcn the premises for the purpose of making surveys and soil res_rs or performing acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal rod of pipeline to be initially constructed on said lands. Upon such payment this option shall become an indefeasible
easement and right of way. If Grantee fails to make said payment within twelve (12) months from the date hereof, all rights,
terms, and conditions of this Agreement shall cease and determine. Grants' 0hall bc paid an additionM c,m~kler~ti~n ~t the
ratc ,~f $1.00 per nneal rod, o.. f.d~tl~. thereof, f~r each pipeline con~tr,,eted ~from tim~ *o time ou the p~mi.~e~ .nae~ this
grant a4t~ ~u~t,a~ti~ of the fi~t pil~l~ne. ~uct, additim~M ~,1o~lin~s ,~hall bc laid ~ noarl~p.a~llc] an&n~ clo~e as ~a~ticable ~o
th~ fir£t ni,~line installed hercundar-l.alS easernenz z~ Ior the conszruczlon a.na nxa-luteuauce o -
..... one ~ enne onAy.
Grantor shall have the right to us~ an~ ~njoy the above described premises except that Grantor shall not interfere with
or impair or permit others to interfere with or impair in any way the exercise of the rights herein granted to Grantee.
Any pipeline or pipelines constructed under this Agreement shall be buried accross tillable lands to such depths as will
not interfere with normal tilling methods employed at the time of such construction, except thaiGraf]tee, at its option, may con-
struct its pipelines above the channel of any natural or man-made stream, ravine, ditch or other water .course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Grantor, or any one of them, in the Bank,
of
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, curtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each
thereto. The easement and right of way herein granted may be leased or assigned in whole or in part.
JOHNSON ~U.N.'[Y, IOWA
counterpart shall constitute a separate agreement between the parties
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors and assigns, until
such time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF THE 21st DAY oFSeotember ,.A.D., ~ 66
Signed, sealed and delivered in the presence of:
GRANTORS:
(SEAL)
(SEAL)
(SEAL)
GRANTORS:
Kenneth I. Belle
Hulette Belle
(SEAL)
(SEAL)
/ "~'(Right-of-W~y~gent)
Draft No.
(SEAL)
$74
Tract No.
· )~ JHd~
RIGHT OF WAY
AGREEMENT
For and in consideration of the sum of Ten and no/100 Dollars ($ 10.00 9,
the receipt of which is hereby acknowledged, and the further consideration of
'One and no/100 Donars
($ 1.00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTItERS PIPE LINE
COMPANY, a Delaware eoxlx)ration, whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gasses and/or solids upon and along a route or routes to be selected by Grantee on, over and through the following
described land located in the County of JOHNSON , State of IOWA ,
_.t~-_wi3~ _~ ~. ,
Beginning at the s'off~'heast corner of Government Lot 6 in Sectign
· 'Twp 80 N., g 6 West of the 5th P.M.; thence west 940 feet to the "'~"'
center of the p. ublic highway, thence along said.highway north 56
degrees west 569 feet, thence nort~h O degrees 36 minutes west 569 feet,
thence west 557 feet to the center of the hgihway, thence north 6 degrees
53 minutes west 155 feet, thence north O degrees 53 minutes east 255 feet
thence north 9 degrees 22 minutes east 272 feet all along the said high-
way to the south or left bank of the Iowa River, thence Southeasterly
along said river bank 1750 feet,more or less, to a point on the east line
of Government Lot 6, which is north i degree west 1273 feet from the place
of beginning, thence south i degree east 1273 feet to the place of begin-
ning, subject to highways and highway easements of record, and especially
a highway easement to Johnson County, Iowa, recorded in Deed Record 136,
page lO1, and a highway easement to State of Iowa recorded in Deed Record
136, page 255, both of the Deed Records of the Office of the Recorder of
Johnson County, 'Iowa, but said easement shall only cover and includes a 50' x 900'
strip over: the above described property--within 25 feel if possible, to grantors South
property line. This easernen~ is .not intended nor does i~ grant a bla.nke% easement over
~he above described real estate bu~ only over 50 fee~ along the South or Southerly
~boundary line of the above described real estate.
Any pipeline or pipelines construczeu unuer u,,o ..~, ............... _
not interfere with normal tilling methods employed at the time of such 'construction, except tha-~"Grantee, at its option, may con-
struct its pipelines above the charmel of any natural or man-made stream, ravine, ditch or other water course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Grantor, or any one of them, in the Bank,
of
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, curtesy and homestead exemption of said state.
This instrument may be executed in counterparts and each
thefete. The easement and right of way herein granted may be leased or assigned in whole or in part.
........._..,- ',
n260 '? / .
counterpart shall constitute a separate agreement between the parties
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors and assigns, until
such time as Grantee, its successors and assigns, releases or relinquishes, in writing, its rights herein granted.
WITNESS THE EXECUTION HEREOF THE 21st DAY oFSeotember ,A.D., 19 6~. .
GRANTORS:
Signed, sealed and delivered in the presence of:
(SEAL)
(SEAL)
(SEAL)
(SEAL)
GRANTORS:
~erloe .~~~. ~ ~ " '~ .
u t ' .'L~,.,.:' '
-~'ff ._.z-./--- ~ ..-,. ......'.,<'%
~ / d/~ .,gr. "~.~t,z. ,. ~ t ~. (SEAL)
~enneth I. Belle : i'-/'~ ~'
Hulette Belle
(SEAL)
· / ~' ~ [Right-of-W/iy ~%gent)
Draft No.
(SEAL)
(SEAL)
Tract No.
" ' ACKNOWLEDGMENT FOR INDIVIDUAL
State of I OWA
County of ~ ~ ~
~ OH~.oON
Before me, the undersigned, a Notary Public in and for the County aforesaid on this '~-~-fl'~ day of Se~tembex,
~elle '
~9 66 , personally appeared L~tLli~ep-'Oe Short, Kenneth I. Belle & Hulette to meanown to be ~e
identical person.~. who executed the within and foregoing instment and acknowledged to me that t~;eyexeeuted ~e sine
asth~J.~{ree and voluntary act and deed, for ~e uses ~d pu~oses set forth.
.
.. ......
Witness my hand and official seal.
My Com~ssion expires ,Ttl q y ~ 19~ ....
.. q, ~,.,, ~{~.~z..'~
~ , ~<"', - . .-~ .
ACKNOWLEDGMENT
FOR
INDIVIDUAL
State of
County of
Before me, the undersigned, a Notary Public in and for the County aforesaid on this day of
19 , personally appeared
identical person.. who executed the within and foregoing instrume~t~r~d..acknowledged to me that
as free and voluntary act and deed, for the uses and purposes set forth.
to me known to be the
executed the same
Witness my hand and official seal.
Notary Public
My Commission expires
State of
County of
ACKNOWLEDGMENT
FOR
INDIVIDUAL
Before me, the findersigned, a Notary Public in and for the County aforesaid on this day of
19.__, personally appeared
identical person. who executed the within and foregoing instrument and acknowledged to me tlmat~
as free and voluntary act and deed, for the uses and purposes set forth.
Witness my hand and official seal.
My Commission expires , 19
to me known to be the
executed the same
Notary Public
ACKNOWLEDGMENT FOR CORPORATION
State of
County of
On the day of , 19 , before me, ,
the undersigned officer, personally appeared , who acknowledged himself to
be the of , a corporation, and that he, as such
, being authorized so to do, executed the foregoing instrument for the purposes therein
contained, by- signing the name of the corporation by himself as
In witness whereof I hereunto set my hand and official seal.
37
5
(Title of Officer)
THIS AGREEMENT,
uOOK ~"
entered into by and between WILLIAMS PIPE L~N~'~OMPf~N¥,
a Delaware corporation with its principal place of business at One Williams
Center, Tulsa, Oklahoma, hereinafter referred to as "Williams", and WENDRAM
BLUFF DEVELOPMENT, INC., an Iowa Corporation, whose address is 206 Haywood
Drive, Iowa City, Iowa 52240, hereinafter referred to as "Wendram",
WITNESSETH:
WHEREAS, Williams (formerly Williams Brothers Pipe Line Company) is the
owner of a 6-inch pipe line and an easement for its pipe line in Government
Lot 6 of Section 33, Township 80 North, Range 6 West, Johnson County, Iowa,
as more particularly described by that certain Right of Way Agreement record-
ed October 18, 1966, in Book 291 at Page 373 in the Office of the County Re-
corder, and
WHEREAS, Wendram is owner of the land described in said easement, which
interest is servient to Williams' easement, and
WHEREAS, Wendram is desirous of developing its land for residential pur-
poses, and Williams' 6-inch pipe line and respective easement rights interfere
with the proposed grading and development of said land, and
WHEREAS, Wendram has requested Williams to lower and relocate its pipe
line, and Williams, under the terms of this Agreement, is willing to do .so,
NOW, THEREFORE, in consideration of $1.00 paid by Wendram to Williams,
and the mutual promises contained herein, it is understood and agreed:
1. As soon as reasonably practical after this Agreement is fully signed,
required deposits are made and materials on site, Williams will let
a contract to Jack Johnson Enterprises, Route 1, Riverside, Iowa,
for the installation of a new segment of 6-inch pipe line and for
the removal of the existing segment of 6-inch pipe line in the loca-
tion shown on Williams' Drawing No. S-6309-2, which drawing is
attached hereto and made a part hereof, and identified as Exhibit "A".
The said contractor will connect the new segment of 6-inch pipe line
to the existing pipe line at each end of the relocation as shown by
said drawing. ~..
2. Williams will separately contract the X-ray services and trucks to
haul product.
3. Williams' estimate for the cost of said relocation is $23,583.00, but
this estimate shall not be considered a limitation. The net salvage
value of the old pipe which is to be removed is estimated to be
T-045-12JH-9
$220.00, but the actual net salvage value cannot be determined until
all work is complete. After the old pipe is salvaged and sold, Wendram
will be given credit for the amount realized from sale of the old
6-inch pipe. The estimate includes a fixed lump sum charge of $800.00
for engineering services.
4. Simultaneously with the acceptance and execution of this Agreement,
Wendram will deposit with Williams the sum of $23,583.00 (estimated
total relocation cost of $23,803.00, less the estimated net sale
value of the old pipe of $220.00)°
5. Wendram shall furnish engineers and surveyors to set grade for
Williams and as necessary to satisfy itself all the pipe line reloca-
tion work is being performed at the elevation and location shown by
Drawing S-6309-2.
6. After the work is completed, Williams shall, within a reasonable
time, prepare and submit to Wendram an itemized statement covering ~
the actual cost of relocating its pipe line. If said actual cost,
less credit.from sale of pipe, exceeds Wendram's total payment to
Williams of $23,583.00, Williams will invoice Wendram for the amount
that the actuai cost exceeds said total payment, and Wendram will
reimburse Williams for such amount within 30 days. If the actual
cost, less credit from sale of old pipe, is less than Wendram's
total payment, Williams will refund to Wendram tke difference between
Wendram's total payment and the said actual cost of pipe line relocation.
7. Promptly after the pipe is relocated and prior to sale of any lots in
the development that are crossed by the relocated pipe line, Wendram
will cause an "As Built" survey to be made, showing the .traverse of
the pipe line across the development and shall furnish Williams a
survey plat and legal description of the pipe line as it traverses
Wendram's land.
8. Within a reasonable time after receipt of the survey information,
Williams will prepare an "Amendment of Right of Way" similar in
form to Exhibit "B" hereto attached, and Wendramwill promptly ex-
ecute and return the document to Williams for recording.
9. Wendram will cause the relocated position of Williams' 6-inch pipe
line to be accurately shown on any plat of the land that it records.
Other than the "Amendment of Eight of Way", nothing in this Agree-
ment shall in any way affect Williams' rights held by virtue of its
easement.
The terms of this Agreement shall constitute covenants running with the
land, and shall be binding upon and inure to the benefit of the parties hereto,
its or their heirs, personal representatives, successors and assigns.
WHEREAS, witness our hands and seals the date after our signatures written.
ATTEST:.
ATTEST:
~ ~~an//t Secretary
WENDRAMBLUPF DEVELOPMENT, INC.
WILLIAMS PIPE LINE COMPANY
STATE OF OKLAHOMA )
)ss
0P TULSA )
On ~his ~ day of~,~- , 1977, before me appeared
/~, ~, 3~-,'/~)Z ' , to me personally known, who being by me
duly sworn did say that he is the Vice President of Williams Pipe Line Company,
a corporation, and that the seal affixed to the foregoing instrument is the
corporate seal of said corporation, and that said instrument was signed and
sealed in behalf of said corporation by authority of its Board of Directors,
and said /~.~-~ ~~ acknwoedged said instrument to be the free
act and deed of said corporation°
In testimony whereof, I have hereunto set my hand and affixed my official
seal at my office in said county and state the day and year last__~ove written.
., ~.~ Notary Public
My Commission Expires:
STATE OF d LaYk
CX i ,L )ss
)
~ ~ thi~~of ~~~ 1977, before me appeared'~/.~'
~l~~ ' ,/~o me pe~sonal~.y kno~, who b~ng by me
du%y sworn~did say that h~ is the . .~A-f ~Dj~l-~ . of
~.C.[ ~ ~~~ ~.~)~f~'~, a corporation,
a~fixed to the ~~ instzm~en~ ~' ~e
and that said instrument was si~ed and-.sealed in behal~ of said corpor~tion~
by authority of its ~"~ .
.. C' ~'~. [~ and said
acknowledged said instrument to be the free act and deed said corporation.
In testimony whereof, I have hereunto set my hand and affixed my o~ficial
seal at my office in said county and state the day and year last above' wrStten.
Commission/Expires:
Notary Public
NOTAMIAL SMAL
3/'74
AMENDM T
OF RIGtIT OF WAY GRANT
WHEREAS, WILLIAMS PIPE LINE COMPANY, a Delaware Corporation, with its principal place of business
in Tulsa, Oklahoma, now has a right of way for pipe line ~r~pll~i~g%rover, under, through and across the
following described land situated in the county of · ~ht18ol~ , and state of
, to wit:
Ba~ 6 ~asC, =o note ~mr~eularly desertbad in tba~: certain
grant I~m~j~executed by ~~e I~. $hol~ta ~Ch J. P.~lle ~r~l ~v!O~t~ !~!l~
dated the
day of ~4t~p~tll~l~JOr , 19 g4J and recorded at page
, in the records of the county of
state of ~Y~t
, in book
Now Therefore, for and in consideration of the sum of ~ ~IAI~ ($I.00) in
hand paid by Williams Pipe Line Company, receipt of which is hereby acknowledged, the undersigned hereby
amends said grant of right of way as follows:
Any and all restrictions contained in said right of way grant, or inferred from the exercise of the rights
thereunder by Williams Pipe Line Company or by its predecessors, as to ~'¥~k~vr~.~[~0~g~ the
1ocation~ direction and route ot me pipe line~ hereby deleted, '1~1~ ~t~--~J~,l[D~ g'~la~,~ ~ ~a~
p~pe ~ and right of v~y oaammnC l~ herm~r ~o b~ demc!elbed as fo~av~
In all other respects said grant of right of way remains unchanged, the undersigned, whether one or more,
hereby warrants that he is entitled to receive the sum herein paid, is entitled to amend said right of way grant
and is the owner of the above described land.
Witness my (our) hand(s) at
19 .
on this day of
Check Number
SIGNATURES:
Tract Number
065-123~-P
RIGHT OF WAY AGREEMENT
aet
For and in consideration o£ the su~n o£ ten and no/100 eellets
the receipt of which is hereby acknowledged, and the further consideration of
one and no/100 Dollars
($ 1.00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the undersigned, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTHERS PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and
assigns, herein called Grantee, an easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gasses and/or solids upon and along a route or routes to be selected by Grantee on, over and through the following
described land located in the County of Johnsoil , State of Town ,
to-wit:
All that part of the SE~ SE~ of Sec. 33 lying north of the center
of the paving on U.S. Highway No. 218, also Government Lot 4 of Section
34 and the N~ SWi~ SW¼ of Sec. 34, all in Twp. 80 N.,Ro 6 West of the
5th P.M. except the following: (part sold to State for~Zi.nt.erstate 80)
999Z
'
with the right of ingress and e. gress to and .from said e.asement and right of way for the purposes aforesaid. (~'~ut~e(~nay templetartly
use work space as needed during the exercise of the mghts granted herein. Grantee agrees to pay or el~lxb%~rh~r/t~to be.~de
for damages to crops, timber and improvements of Grantor directly resulting from the exercise of the ri~s~'eg~hn"Gai' 5Foqia~d,
however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages caused to trees,
undergrowth and brush on the pipeline easement and right of way in the clearing of such obstructions from said easement
and right of way.
This option shall extend for a period of twelve (12) months from the date hereof, during which time Grantee may enter
upcn the premises for the purpose ef making surveys and soil tests or performing acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal rod of pipeline to be initially constructed on said lands. Upon such payment this option shall become an inde£easible
easement and right of way. If Grantee fails to make said payment within twelve (12) months from the date hereof, all rights,
terms, and conditions of this Agreement shall cease and determine. Grantor shall be paid an additional consideration at the
rate of $1.00 per lineal rod, or a fraction thereof, for each pipeline constructed from time to time on the premises under this
grant after construction of the first pipeline. Such additional pipelines shall be laid as nearly parallel and as close as practicable to
the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises except that Grantor shall not interfere with
or impair or permit others to interfere with or impair. in any way the exercise of the rights herein granted to Grantee.
Any pipeline or pipelines constructed under this Agreement shall be buried accross fillable lands to such depths as will
not interfere with normal tilling methods employed at the time of such construction, except that Grantee, at its option, may con-
struet its pipelines above the channel of any natural or man-made stream, ravine, ditch or other water .course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Granter, or any one of them, in the Bank,
of
The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their successors, assigns, personal representatives and heirs. Grantor releases and
waives all rights, if any, as against Grantee under and by virtue of dower, eurtesy and homestead exemption o~ said state.
This instrument may be executed in counterparts and each counterpart shall constitute a separate agreement between the parties
thereto. The easement and right of way herein granted may be leased or assigned in whole or in part.
TO HAVE AND TO HOLD said easement, right of way and privileges unto the Grantee, its successors and assigns, until
such time as Grantee, its successors and assigns, releaies~inquishes' in writing, its rights herein granted.
Signed, sealed and delivered in the presence of:
(SEAL)
'
(SEAL)
· ,: Leo G. K~3 ~ ~
MarCAre% C. Fi%zpa%~ck
(SEAL)
7.- '/ Draft No.
(SEAL)
(SEAL)
Tract No. X "~/-~- 7
RIGH WAY AGREEMENT
For and in consideration of the sum of ten and no/100 Dollars ($ 10.00
the receipt of which is hereby acknowledged, and the further consideration of
one and no/100 Donars
($ 1 · 00 ) per lineal rod of pipeline, or a fraction thereof, to be paid as hereinafter provided, the under_signed, herein
called Grantor (whether one or more), hereby grants, sells, conveys and warrants to WILLIAMS BROTHERS PIPE LINE
COMPANY, a Delaware corporation, whose mailing address is P.O. Drawer 2239, Kansas City, Missouri, its successors and
assigns, herein called Grantee, ah easement and right of way to survey, construct, maintain, inspect, operate, protect, repair, alter,
replace, change the size of, and remove a pipeline or pipelines and appurtenances at any time or times for the transportation
of liquids, gssses and/or solids upon and along a route or routes te be selected by Grantee on, over and through the following
described land located in the County of Johnson , State of Iowa
to-wit: '
All that part of the SE¼ SE¼ o£ Sec. 33 lying north of the center
of the paving on Uo S. Highway No. 218, also Government Lot $ o£ Section
35 and the Nx2 SW¼ SW¼ of Sec. 35, all in Twp. 80 N.,R. 6 West of the
5th P.M. except the following: (part sold to State forF%.nterstate 80)
wxth the mght of regress and egress to and from said easement and right of way for the pu~oses aforesaid. G'~t~eLmay temporarily
use work space as needed during the exercise of the rights granted herein. Grantee agrees to pay or et~l~4~kb%~nt to l~. tJ~Ade
for damages to erops, thnber and improvements of Grantor directly result/ng £rom the exercise of :~he righ~
however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for damages caused to t~ees,
undergrowth and brush on the pipeline easemen~ and right of way in the clearing of such obstructions from said easement
and right of way.
This option shall extend for a period of twelve (12) months from the date hereof, durin~ which time Grantee rrmy enter
upcn the premises for the purpose of makin~ surveys and soil tests or per£orming acts incidental thereto. Grantee may exercise
this option at any time during said period by paying to Grantor, as herein provided, the aforesaid further consideration per
lineal-rod of pipeline to be initially constructed on said lands. Upon sueh payment this option shall become an indefeasible
easement and right of way. If Grantee fails to make said payment within twelve (1~) months from the date hereof, all rights,
terms, and conditions of this Afreement shall cease and determine. Grantor shall be paid an additional consideration at the
rate of $~,00 per lineal rod, or a fraction thereof, for eaeh pipeline constructed from time to time on the premises under this
gra~t after construelion of the first pipeline. Such additional pipelines shall be ]aid as nearly parallel and as close as practicable to
the first pipeline installed hereunder.
Grantor shall have the right to use and enjoy the above described premises exeept that Grantor shall not interfere with
or impair or permit others to interfere with or impair. in any way the exereise of the rights herein granted to Grantee.
Any pipeline or pipelines eonstrueted under this Agreement shall be buried actress tillable lands to such depths as will
not interfere with normal tilling methods employed at the time of sueh construction, exeept that Grantee, at its option, may con-
struct its pipelines above the channel of any natural or man-made stream, ravine, ditch or other water .course.
It is agreed that any payment due hereunder may be made direct to Grantor or any one of them, or by depositing such
payment to the credit of Grantor, or any one of them, in the B~nk
., FOR THE LEGAL EFFECT OF TH~ U$~
OF THIS FORM, CO~ULT YOUR LAWYER
STATE OF IOWAi Johnson ...... COUNTY, ss:
On this...~..~.~-.d.- ......day of.....S...e-P.-~..e-...nXb--e---r- ..............A.D. 1~...6.. ....before me, ~he undersigned, a Notary Public
in and for said County, in said Stele, personally appeared Henry. :Dinder _.~..G..raee :Dinder I-Iusband and
wife.., Florence Kohl. and Leo G. Kohl husband and wife, and Fred L. Fitzpatrickand
M~i~'~_et C Fitzpatrick husband and ..w...i..f..e.: ...................................................................................................
' '~.':C"~?.:._/~7";w'7'"'[ ............L ..........~ ........................."/~' ......' ---~ .......+~a the within and foregoing instrument, to which
"~}~"~T_~.f.~t~.~tS'.be the identical persons names ,n ana w.~ ........
¢ .'~7:]~{~'' N* : their voluntar act and deed.
/.~s :i~'~?~¥., '~nd acknowledged that they execMed the same as Y
: '"' ' ' : A.""~:"'~'~'~[I~ Notdry Public in and for said Cou y
tx .
I '". f'~&T~E BAR ASSOClATIO"
~ ~~m He. 11 (Trnd..Merk Registered, State oF Iowa, JOSf) (Sectloft g58.39, ~d. of Iow~
(SEAL)
Leo G. K/o.~ t,
Filzpal~ck
(SEAL)
(SEAL)
Draft No.
(SEAL)
Tract No. X C~--/]/- 7
.X JH 7 z~
EXHIBIT A
XJH ?
RIDER ATTACHED TO AND MADE A PART OF RIGHT OF WAY
AGREEMENT DATED August 31, 1966 BETWEEN
WILLIAMS BROTHERS PIPE LINE COMPANY AND
Fitzpatrick; Florence Kohl and Henry Linder
It is hereby understood and agreed that this instrument shall
become an amendment, alteration and extention of the attached
easement £5r the Williams Brothers Pipe Line Company's proposed
6 5/8" O.D. petroleum products pipeline across and through the
property of Fred Linder Fitzpatrick; Florence Kohl and Henry
Linder etux.
TiLe Grantee does hereby agree to construct the proposed pipe
line at staked with said line entering said property on its
South boundary near its intersection with the county road para-
lleling Interstate Highway 80 along its Northerly Right of Way.
Said line will enter said property fifteen (15) feet plus or
minus from said property line along said Dounty road and follow-
ing said line up to the existing brick house at this point said
line will turn in a Northerly direction paralleling said county'
road and proceed through and across the lawn of the house as
staked, and to a point at said point the line will then proceed
in an Easterly direction paralleling s~id county road and con-
tinuing to a point slightly West of the point of intersection of
the Easterly property line of s&id tract with said county
road, thence the line will turn in a Northerly direction para-
lleling said fence and property line to a point a distance of
3575' number of feet plus or minus. Thence leaving
said property ~n an Easterly direction in the ~roperty now or
formerly of Raymond L. Bywater and Leroy S. Mercer.
It is fur ..... agreed that an ingress roadway shall be graded
with a tov=l width including slope of one[.hundred (100) ft. at
a point to be designated by Grantor and s&id Grantees shall lay
the pipe line to allow a proper depth and clearances.
It is further agreed that said Right of Way for construction,
operation and maintenance of said pipeline shall be restricted
to a width of thirty (30) ft. Also, all trees within the con-
fines of the yard of the existing brick house will be retained.
It is further agreed that all fences, gates, .and other farm
improvements destroyed or damaged shall be repaired or replaced
by the Grantee to Grantors satisfaction.
All State or County permits pertaining to the aforementioned ac-
cess road shall be procured by Grantor.~. 85
TENANT:
Tract
Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 97-322
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT
DEVELOPMENT 2ND SUBDIVISION, A RESUBDIVISION OF LOT
DEVELOPMENT, IOWA CITY, IOWA.
OF W. B.
1 OF W.B.
WHEREAS, the owner, Howard Winebrenner, filed with the City Clerk the preliminary and
final plat of W. B. Development 2nd Subdivision, a Resubdivision of Lot 1 of W. B.
Development, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Lot 1 of W. B. Development, Iowa City, Iowa as recorded in Book 36 of Page
118 in the Office of the Johnson County Recorder.
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 preliminary and final plat and subdivision are found to conform with Chapter
354, Code of Iowa (1 997) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said preliminary and final plat and subdivision located o.n the above-described real
estate be and the same are hereby approved.
2. The City accepts the dedication of easements as provided by law.
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.
,3oo
Resolution 97-322
Page 2
Passed and approved this 2~ day of Septem~'
1997.
· ~AYO~
ppdadmin\wbdevres'd°c
Resolution No. 97-322
Page 3
It was moved by Vanderhoe¢ and seconded by
adopted, and upon roll call there were:
Norton the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
x
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB97-0020. W.B. Development
2® Subdivision
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Physical characteristics:
Prepared by: John Yapp
Date: September 4, 1997
Howard Winebrenner
217 Stevens Drive
Iowa City, IA 52240
Phone: 338-7811
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary and final plat approval
To create a 2-lot subdivision
North of Escort Lane, and east
Naples Avenue
5.17 acres
Vacant, Cl-1
North:
East:
South:
West:
Vacant, County CP-2
Auto Sales, C1-1
Vacant, C1-1
Vacant, County CP-2
Industrial
Chapter 14-7, Land Subdivisions
August 14, 1997
September 28, 1997
of
City water and sewer are available to
the site.
Police and fire protection will be
provided by the City. Refuse collection
must be handled by a private hauler.
Regular transit service does not extend
past Highway 218.
The site is flat, and is located just
south of the intersection of Highway
218 and Highway 1.
BACKGROUND INFORMATION:
The applicant, Howard Winebrenner, is requesting preliminary and final plat approval of W.B.
Development 2nd Subdivision, a resubdivision of Lot 1 of W.B. Development. W.B.
Development, a 7-Lot subdivision, was subdivided in 1995. Currently, only Lot 2 of the
original subdivision is occupied, by a car lot. The proposed subdivision would split the
existing 5.17 acre lot 1 into two lots of 1.59 acres and 3.58 acres.
ANALYSIS:
Compliance with Subdivision Regulations: W.B. Development Lots 1-7 were subdivided in
1995, and Escort Lane and all the utilities have been installed. The proposed subdivision
would access the existing Escort Lane, and no new streets are being proposed.
The proposed Lot 1 will not have a sanitary sewer service stub (see attached plat), and a
complete sanitary sewer system is required for subdivisions in Iowa City. Installation of a
stub will require a significant amount of pavement removal on Escort Lane. At a minimum,
pavement removal will require necking down Escort Lane to only one lane of traffic and may
require complete closure depending on the existing pavement saw cuts. Since the work
required to provide a sanitary sewer service under an existing street will disrupt traffic flow
on Escort Lane, it should be required to be done as soon as possible before many other
businesses locate there. Staff recommends that the legal papers for the subdivision include a
requirement that sanitary sewer service be provided to Lot 1 of W.B. Development 2nd
Subdivision prior to any building permit being issued to Lot 1, and no later than April 1, 1998.
In other respects, the proposed preliminary and final plat appear to comply with the City's
subdivision regulations. Legal papers have been submitted.
Existing Site Plan Approved for Lot I of W.B. Development: Lot 1 of the original subdivision
had a site plan approved for it on November 21, 1996. Should this lot be subdivided into
two lots, as is proposed, the site plan will no longer conform to the size of property it was
approved for. New site plans will need to be approved for this property prior to a building
permit being issued.
Possible Annexation of Property to the West and North: The property owner of Lot 5 of
Scott's Second Addition, located west and north of this property, has indicated he will file for
voluntary annexation into Iowa City. This would allow for Lot 5, an odd-shaped lot by itself,
to be combined with property owned by the applicant. Staff will review any proposed
annexation and land uses for this area as they are filed.
STAFF RECOMMENDATION:
Staff recommends that SUB97-0020, a request for preliminary and final plat approval of W.B.
Development 2® Subdivision, be approved, subject to staff approval of legal papers.
ATTACHMENTS:
1. Location Map.
Approved by:
Robert Mildo, Senior Planner
Department of Planning and
Community Development
CITY 0t~ I0~ CI?Y
P/
SITE LOCATION' W,B, Development 2nd Subdivision
SUB97-0020 ,
~ T Preliminary and Final Pla~
DEVELOPMENT 2ND SUBDIVISION
'~ A RESUBDI~SION OF LOT 1 OF W.B. DEVELOPMENT .... :~:r_~r~:g-~- --.I { I-t~
~ IOWA CITY, IOWA
p~~ ~'~' ~P~u ~: O~R - S~D~ER S~D~ER'S A~OR~Y ............... ~ ~ u~ pu~ no~' I ~ '[ · ,
1'-[00' ~ ~,.o. / lOWA~rrY, lo.g OZ~40 ~U~A UITY, lUnA 0ZZ40 IOYA C~, IOWA 5~240 ~ ~R~OF~OSUREIS~1F~T[N200~T
SEC~ON 2O-~9N-R6W ~ / ~ ~ ~ ~ ~ ~' b
/ ~ ~ ~ ' ~RmVA~ FORCE ~. N
__ ~ N895845 E ...... ~ .~$ ~ , ,
~ ~ U ~-- C = 102.15' m~ Lot 1 of W,B, DePosit. Iowc 0 y. le~o ......did - Book ~ ~1PO~e 118 b ~e Of~ce ol
' ~ I R = 30.00' 'I- I ~r h~ ce~;y ~et ~e plat as ~:~ is a c~ ct r p~
~ o ~ · [I co ' · e
. - ..... Z ........ ~ ...................... -L~ .... / 150' ~DE · .
':', : · ' [ , ~ k , ~ ~/ ~ h / ~/~/g7
'.', ~ : "-2. ~'1-" k : '
· ,~ t I %lAk~l.~-~-- I ~ I
~ '~' -- ,WI , ~4244001
Preliminary and Final Plat LEGENDAND NOTESy
WoB. DEVELOPMENT 2ND SUBDIVISION : -=~'~a~.~'-~,~-
A nESUBDIVISION OF LOT 1 OF W.B. DEVELOPMENT__[_~[?~Z"~}~'~{~'./.x. ~: E I,-'[ I I
~2~ PLAT PR]~P.AR]gD BY
G~C SC~ ~ ~ T~ .~ ~o. x / / IOWA .C~, IO~k 52240
' ~ ~, I. 1; C ~O= SlO~'V $E~. AND UTILITY J EASEM[NT ',~ / //~ UTIU,' EASEMLNT ~' [ 8/12/97
, { X ', ~// J Field Book No:
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 97-323
RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF A
RESUBDIVISION OF LOTS 14 AND 15 AND A PORTION OF OUTLOT C OF WOODLAND
RIDGE, PART ONE, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Jeffrey Maxwell, filed with the City Clerk the final plat of a
Resubdivision of Lots 14 and 15 and a Portion of Outlot C of Woodland Ridge, Part One,
Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Johnson
County, Iowa, to wit:
Commencing at the Southwest Corner of the Southwest Quarter, of Section 28,
Township 79 North, Range 6 West, of the Fifth Principal Meridian, said point
being the Southwest Corner of Woodland Ridge Subdivision - Part One, to
Johnson County, Iowa, in accordance with the recorded plat in book 37, at page
299, of the records of the Johnson County Recorder's Office; Thence
S89°42'15"E, along the South Line of said Woodland Ridge Subdivision - Part
One, a distance of 544.59 feet, to the Point of Beginning; Thence N44°32'38"E,
along the East Line of Lot 6, Woodland Ridge Subdivision - Part One, 270.39
feet, to a point on the Southeasterly Right of Way Line of Red Fox Court SW;
Thence Northeasterly 25.79 feet, along said Right of Way Line and a 60.00 foot
radius curve, concave Northwesterly, whose 25.59 foot chord bears
N33°08'38"E; Thence S44°32'38"E, along the South Line of Lot 1, a distance of
114.41 feet, to the Southwest Corner thereof; Thence N34°38'40"E, along the
East Line of said Lot 1, 236.66 feet, to a point on the Southerly Right of Way
Line of Meadowview Lane SW; Thence S55°21'20"E along said Right of Way
Line 9.11 feet; Thence Southeasterly 304.86 feet, along said Right of Way Line
and a 430.55 foot radius curve concave Northeasterly, whose 298.54 foot chord
bears S75°38'26"E; Thence N84°04'27"E along said Right of Way Line, 29.76
feet; Thence Northeasterly 9.90 feet, along said Right of Way Line and a
1102.00 foot radius curve concave Northwesterly, whose 9.90 foot chord bears
N§3°49'00"E; Thence S06°26'26"E, along the West Line of Lot 16, Woodland
Ridge Subdivision - Part One, 217.02 feet; Thence N89°29'49"W 239.90 feet
along the South Line of Lot 15, Woodland Ridge Subdivision - Part One; Thence
S11°39'30"W 40.03 feet, to a point on the South Line of said Woodland Ridge
Subdivision - Part One; Thence N89°42'15"W along said South Line, 61.20 feet,
to the Point of Beginning. Said tract of land contains 2.60 acres, and is subject to
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
000 166
Resolution No. 97-323
Page 2
'WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said finalplat 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 (1997) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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 easements as provided by law.
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 23rd day of September
, 1997.
cl'r~ CLERK '
Approved by
It was moved by Vanderhoef
adopted, and upon roll call there were:
and seconded by__Lehma~
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
ppdadminkes/woodland.doc
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
000167
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB97-0019. Resubdivision of Lots 14 & 15
of Woodland Ridge - Preliminary and Final Plat
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
Prepared by.' Scott Kugler
Date: September 4, 1997
Jeff Maxwell
PC Box 1548
Iowa City, Iowa 52244
Phone: 354-5858
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Preliminary and final plat approval
To reconfigure lots 14, 15 and outlot C
of Woodland Ridge, Part 1
On the south side of Meadowview
Lane, east of Dane Road.
2.36 acres
Vacant; RS
North: Vacant, RS;
East: Vacant, RS;
South: Agricultural, A-l;
West: Vacant, RS.
The Fringe Area Agreement permits
residential development within this
area.
Chapter 14-7, Land Subdivisions
August 14, 1997
September 28, 1997
2
BACKGROUND INFORMATION:
The applicant, Jeff Maxwell, is requesting preliminary and final plat approval of a
resubdivision of Lots 14 and 1 5 and a portion of Outlot C of Woodland Ridge, Part One. This
property is located on the south side of Meadowview Lane SW, east of Dane Road. The
proposed resubdivision would eliminate a portion of an outlot located on the east line of Lot
1 5, and introduce a new outlot between Lots 14 and 1 5 which would allow a potential future
access to the property to the south.
ANALYSIS:
The plat contains a few technical deficiencies that will need to be addressed prior to the
Commission's vote on this item. Staff recommends deferral until these items are addressed.
None of these items appear to be substantial and it is anticipated that the plat will be ready
to be voted on at the Commissions September 4 meeting. Legal papers have been submitted
and are under review, and will need to be approved prior to Council consideration of the plat.
The intent of the plat is to shift the lot lines between Lots 14 and 1 § and Outlot C (a copy of
the original plat is attached). This would eliminate a portion of Outlot C along the east line of
Lot 1 5, and create a new outlot between Lots 14 and 1 5. The proposed outlot is intended to
provide a "potential, possible, future" access to the property to the south (in the words of the
applicant's engineer). When the existing subdivision was platted, no thought was given to
extending a roadway in that direction, and in fact the property owners to the south expressed
concern over the impact that the residential development would have on their property. The
need for a connection to the south was not contemplated at the time.
The property to the south is zoned agricultural, is located outside of the City's growth
boundaries, and is recommended for continued agricultural use by the Fringe Area
Agreement. Staff is concerned that the approval of this resubdivision will be misinterpreted
by the applicant or the adjacent property owner to mean that the City is advocating the
residential development of the adjacent property. If this subdivision is approved, staff
recommends that it be made very clear that the platting of this outlot should not be
interpreted in such a manner. It is probably not a bad idea to encourage leaving this option
open for the future, but development of the adjacent property should not be encouraged in
the near future. This should only be considered if the City's growth area is expanded to
include this property, the property is annexed, or if the policies of the Fringe Area Agreement
are revised. Staff does not anticipate any of these events occurring in the foreseeable future.
The proposed plat does not affect the overall layout of the subdivision, the street system, or
any storm water management requirements. If at some point in the future land use policies
change and the property to the south does develop for residential uses, a roadway in this
location will improve the circulation system between the two developments and would
provide both residents and emergency vehicles with a secondary means of access. However,
this plat would not address concerns staff has regarding the development of the eastern
portion of the property. When the preliminary plat for this property was being reviewed, an
access to the north east of Lot 19 was recommended to provide secondary access for the
subdivision and to provide access to a ridge at the eastern edge of the property in a manner
that would not require the destruction of a wooded ravine. Staff's recommendation regarding
this issue remains unchanged despite the potential access being proposed with the current
plat. This issue has yet to be resolved since the eastern portion of the property has not yet
been platted.
STAFF RECOMMENDATION:
Staff recommends that SUB97-0019 be deferred pending resolution of the deficiencies and
discrepancies listed below. Upon resolution of these items, staff recommends that this
request for preliminary and final plat approval of a resubdivision of Lots 14 and 15 and a
portion of Outlot C of Woodland Ridge, Part One, containing 2.36 acres and located south of
Meadowview Lane SW, east of Dane Road, be approved, subject to the approval of legal
papers prior to Council consideration.
DEFICIENCIES AND DISCREPANCIES:
No purpose is listed for Outlot E. Further explanation of the purpose of the "possible,
potential, future" access to the south is requested.
There are now two Outlot Cs shown. One should be relabeled since it is no longer
continuous.
This should be Lots 1 and 2 of this resubdivision, not lots 20 and 21. Either that or
they should keep some form of their original numbers, such as 14a and 15a. Lots 20
and 21 would confuse the situation.
4. Various corrections needed as identified by Public Works.
Using dashed lines or a lighter shade of gray for the existing lot numbers would be less
confusing. The text for the remaining outlots should match the text for Outlot E, rather
than the text for the portion of Outlot C being deleted.
ATTACHMENTS:
Location Map.
Preliminary and Final Plat.
Preliminary Plat, Woodland Ridge, Part One.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
CI?Y
JOHN$~
FAIR(~OUNDS
SITE LOCATION' Woodland RidgeSUB97-0019/Resub, of Lots 14-15 & Outlot C
GRAPHIC SCAI~ IN FEET
/~, I \ ~ S89'42'15'E
~ ~ SOUTHWEST CORNER
j SOUTHWEST QUARTER
SEC 28-'T79N-R6W
F'ND BRIDGE SPIKE
ERROR OF CLOSIJRE IS LESS THAN 1 FOOT IN 20,000 FEET
AND ARE PRO~IDED FOR GAS, E3_ECTRIOTY, TELEPHONE.,
T.V. CAJOLEVISION. SANITARY S~-WERS, WA'~ MAINS. AND
STORM S~
20--1
2O
1.00 acres
I
x~. N89'29'49"W
'~ ~. 102.75'
40.25'
Point of
~inni~
w,,os~ ~.~u loot chord oeors Iq;~O~UU k; Ihence ~0~'26'26"E, along the West Lin.
217.02 feet; ~enoe N89'29'49"W, 239.90 feet, along the South Line of Lot
Sl1'~9'30"W, ~0.0~ fee~, ~oo point on the South Line of said Woodland Ridge Sub
South Line, 61.20 feet, to ~he Point of Beginning. Said tract of land contains 2.36
restrictions of record.
I hereby certify that this plot prepared by me or under my direct personal super~
survey mode with oil corners marked as Indicated, and that I am o duly licensed Lc
/// of Iowa.
I
// ~ = 40'3~'13'
R 430.55'
= I ~ = 00'30'53'
S55'21'20"E T = 159.14' t R = 1102.00' Glen D. Meisner
9.11' L = 304.86' ~ T = 4.95' My Biennial Lice
CH = 2~s.~' L = ~.~o'
~..~... CH = 9.90'
S75'58'26'E N83'49'OO'E ~~' Signed before
29.76 _ ~0~2.o0 _ Notary Public.
~9.76' [x~ s~. ~
.~1 ' o I
~//~ /~ 21 t
~ / /~ too ~ I
, ~ ...........
239.90' N89'29'49"W
(2.41 acres remaining) ~~ ~
~ mr39'3o'w ~ LOT CU~ SEGME~ TAB~
40.03'
LOT~R~ R~US ~G~J~DI B~ING J D~TA J J
20 2~1 4~.55' 112.55' J1~2.21' IS62~'~'E114~'31' J J
21
OT 21-1 4~.55' 152.14' 131.62' JS8~'Ol'EJ17~5'05' J J
E E-1 4~.55' 60.20' 60.15' I S74~0'11'E J
G~HIC ~CAL~
7
VV ~J ~ JJ ¼Af~ ]3
Johnson County, Iowa
:J
LOCATION MAP NOT TO S~
LEGEND AND
......
Prelimin.~ff P-mL
RIDGE SUBDIVISION, PA
NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED APPLICATION
OF BOND PROCEEDS OF SAID CITY, AND
THE HEARING THEREON
PUBLIC NOTICE is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public hearing on the 23rd day of September,
1997, at 7:00 p.m., in the Council Chambers,
Civic Center, 410 East Washington Street, Iowa
City, Iowa, at which meeting the Council propos-
es to take additional action for the application of
a $130,000 portion of the bond proceeds of the
General Obligation Bonds, dated April 1, 1997,
issued for the following purposes:
to provide funds to pay costs of
the improvement and equipping
of the library, including roof and
carpet replacement and heating,
ventilation and air conditioning
system;
to include the following purposes:
to provide funds to pay costs of
the expansion of Fire Station #3,
the renovation of the City's Ani-
mal Shelter, replacement of
portions of the Civic Center roof
and the Robert A. Lee Recre-
ation Center gym floor replace-
ment and office upgrade project.
At any time before the date of the above meet-
ing, a petition asking that the question of the
transfer of said bond proceeds be submitted to
the legal voters of said City may be filed with the
Clerk of said City in the manner provided by
Section 362.4 of the City Code of Iowa, pursuant
to the provisions of Section 384.26 of the Code
of Iowa.
This notice is given by order of the Council of
Iowa City, Iowa, as provided by Section 384.26 of
the City Code of Iowa.
Dated this 11th dayof September ,
1997.
City'~31erk of Iowa City, Iowa
finadm~bond~pp.nol
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Lehman introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE APPLICATION OF
BOND PROCEEDS OF THE SERIES 1997 GENERAL OBLIGATION BONDS", and
moved:
that the Resolution be adopted.
rl
to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the application of bond proceeds to the meeting to be held at
o'clock __.M. on the day of ,1997, at
this place.
Council Member
called and the vote was,
Norton
seconded the motion. The roll was
AYES: Thornberry, Vanderhoef, Baker, Kubby,
Lehman, Norton~N~vick
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 97-324
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE APPLICATION OF
BOND PROCEEDS OF THE SERIES 1997 GENERAL
OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the
application of bond proceeds of the Series 1997 General Obligation Bonds originally
issued provide funds to pay costs of the improvement and equipping of the library,
including 'roof and carpet replacement and heating, ventilation and air conditioning
-3-
system, to include payment of the costs of the expansion of Fire Station #3, the
renovation of the City's Animal Shelter, replacement of portions of the Civic Center roof
and the Robert A. Lee Recreation Center gym floor replacement and office upgrade
project; and no petition was filed calling for a referendum thereon. The following action
is now considered to be in the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and takes additional
action for the application of bond proceeds of the Series 1997 General Obligation Bonds
for the foregoing expanded general corporate purpose.
PASSED AND APPROVED this 23rd day of September
,1997.
ATTEST:
City Clerk
PGOODRIC\105579\1\10714000
-4-
CITY OF I0 WA CITY
Finance Department Memo
Date:
To:
From:
September 12,1997
Stephen Atkins, City Manager
Don Yucuis, Finance Director j~
Re: Reallocation of 1997 General Obhgation Bond Proceeds
A question arose at the September 9, 1997 City Council meeting whether or not
there would be enough funds available to do additional sections of the Civic Center roof
projects from the savings on the Library roof. In addition to the Library project, the
Fire Station # 3 project is on hold until the outcome of First Avenue Extended is
determined in November, 1997. I am reallocating some of the savings from the Library
project and Fire Station #3 funding to other projects that need funding. The short
answer is there is not enough funds available to do another section of Civic Center roof.
I am recommending the funds be reallocated as follows:
Original
Funding Changes
Library roof 225,000 -115,000
Fire Station #3 84,000 60,000
Robert A. Lee Gym Floor -0- 80,000
Robert A. Lee Office Renovation -0- 50,000
Animal Shelter 165,000 45,000
Civic Center Roof ( Phase 1 & 3) 73,000 -0-
Totals 547,000 -0-
Revised
Funding
110 000
24 000
80 000
50 000
210 000
73 000
547 000
Please note that the Animal Shelter project was under funded and does not
reflect additional costs. The Robert A. Lee Gym Floor project was to be included in a
1998 General Obligation (GO) bond issue. The Robert A. Lee Office Renovation costs
were originally included in the General Fund and will be moved to the 1997 GO bond
issue.
Prepared by: Kevin Doyle, Assistant Transportation Planner, z~10 E. Washington St., Iowa City, IA 522z~0
(319) 356-5253
RESOLUTION NO. 97-325
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT
SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY.
WHEREAS, there is an existing 28E Agreement for FY97 paratransit service between the
City of Iowa City and Johnson County; and
WHEREAS, the parties have extended said agreement to September 30, 1997.
WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need for a
fourth extension to the FY97 Agreement; and
WHEREAS, Section IV "Duration" of the FY97 Agreement permits an extension of the
Agreement by mutual agreement of the parties; and
WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a
fourth extension of the FY97 Agreement for a period of three months, from October 1,
1997 to December 31, 1997.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest the extension Agreement
for FY97 paratransit service between the City of Iowa City and Johnson County.
In accordance with Section 28E Code of Iowa (1997) the City Clerk is authorized to
file said extension Agreement with the Secretary of the State of Iowa and County
Recorder of Johnson County, Iowa.
Passed and approved this 23rd day of September
, 1997.
CITY-CLERK
MAYOR
City Attorney's Office
jccogtp\res\paratra4.doc
Resolution No. 97-325
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Extension Agreement for FY97 Paratransit Service Between the
City of Iowa City and Johnson County
This extension agreement is made and entered into by and between the City of Iowa City,
Iowa and Johnson County, Iowa.
WHEREAS, there is an existing 28E agreement for FY97 paratransit service between the
City of Iowa City and Johnson County; and
WHEREAS, the parties have extended said agreement to September 30, 1997; and
WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need for a
fourth extension to the FY97 agreement; and
WHEREAS, Section IV, "Duration," of the FY97 agreement permits extensions of the current
agreement by mutual agreement of the parties.
NOW THEREFORE, it is agreed by and between the City of Iowa City and Johnson County:
That the existing 28E agreement for FY97 paratransit service between the City of
Iowa City and Johnson County is hereby extended for a period of three months from
October 1, 1997 to December 31, 1997.
For the extension of the FY97 paratransit service agreement from October 1, 1997
to December 31, 1997, Johnson County shall be reimbursed 847,182 per month by
the City of Iowa City. All fares collected over t~2,567 per month shall be returned to
the City of Iowa City.
In all other respects, the terms of the FY97 28E agreement for paratransit service
shall remain in effect.
This extension agreement represents the entire extension agreement between the City of
Iowa City and Johnson County for paratransit service. It may be amended only by a written
instrument signed by all parties.
Dated this day of , 1997.
CITY OF IOWA CITY, IOWA
NaOmi J.~/~ovi({k, Mayor
By:
JOHNSON COUNTY, IOWA
Sally Stutsman, Chairperson
Board of Supervisors
ATTEST:
City"~.lerk
A p(~d~
City Attorney's Office
ATTEST:
County Auditor
Page 2
CITY OF IOWA CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this o~.5 ¢~L
day of ~_F~.e,.~ .]~, ~..- , 19 ~/r/ , before me,
q~a¢~-¢ ~¢¢c , a Notary Public in and for the State of Iowa,
personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in fOrdfnance) (Resolution)
No. ¢~-- 5~.~ passed by the City Council, on the ~ "~- day of
~¢,~b,~,, , 19 ¢? , and that Naomi J.' Novick and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
JOHNSON COUNTY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Sally Stutsman and Tom Slockett, to me personally known, and, who, being by
me duly sworn, did say that they are the Chairperson of the Board of Supervisors and
County Auditor, respectively, of the County of Johnson, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its Board of Supervisors, as
contained in the Motion adopted by the Board of Supervisors, on the day of
, 19 , and Sally Stutsman and Tom Slockett acknowledge the
execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
jccogtp\agt\paratr4,doc
Prepared by: Kevin Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City,
(319) 356-5253
52240
RESOLUTION NO.
TO ATTEST
SERVICE
THE MAYOR TO SIGN AND THE TY CLERK
EXTENSION AGREEMENT FOR FY97 ANSlT
THE CITY OF IOWA CITY AND JOHNS( COUNTY.
WHEREAS, there is an 28E Agreement for FY97 paratran., service between the City of
Iowa City and Johnson County;
WHEREAS, the parties have
said agreement to Se
30, 1997.
WHEREAS, ongoing negotiation for
extension to the FY97 Agreement; and
paratransit servi(
produced the need for a fourth
WHEREAS, Section IV "Duration" of the
by mutual agreement of the parties; and
permits an extension of the Agreement
WHEREAS, representatives of the City of Iowa Ci
extension of the FY97 Agreement for a period
1997.
nd Johnson County have negotiated a fourth
irty-one (31) calendar days to October 31,
NOW, THEREFORE, BE IT RESOLVED
CITY, IOWA, THAT:
THE
COUNCIL OF THE CITY OF IOWA
The Mayor is authorized to sign
FY97 paratransit service
In accordance with Section
said extension Agreement
Johnson County, Iowa.
Passed and approved this
the City Clerk
City of Iowa
attest the extension Agreement for
nd Johnson County.
ATTEST:
CITY CLE~
Code of Iowa (1997) th~ City Clerk is authorized to file
the Secretary of the State ~owa and County Recorder of
dayof _ ,~
MAYOR
City Attorney's Office .~-/3,.~"~
jccogtp\res\paratra5.doc
Extension Agreement for FY97 Paratransit Service Between the
City of Iowa City and Johnson County
This extension agreement is made and entered into by and between the City of I(
and Johnson County, Iowa.
City, Iowa
WHEREAS, there is an existing 28E agreement for FY97 paratransit servic~
Iowa City and County; and
,en the City of
WHEREAS, the ,s have extended said agreement to September 1997; and
WHEREAS, ongoing
fourth extension to the
otiations for FY98 paratransit service
agreement; and
produced the need for a
WHEREAS, Section IV,
agreement by mutual a~
of the FY97 agreeme~
of the parties.
)ermits extensions of the current
NOW THEREFORE, it is agreed and between the
Iowa City and Johnson County:
1. That the existing 28E 9nt for FY97
City and Johnson County is ,by extend~
to October 31, 1997.
qsit service between the City of Iowa
for a period of thirty-one (31) calendar days
For the extension of the FY97
October 31, 1997, Johnson
All fares collected over $2,567 shall
service agreement from October 1, 1997 to
be reimbursed $47,182 by the City of Iowa City.
:urned to the City of Iowa City.
In all other respects, the terms
remain in effect.
28E agreement for paratransit service shall
This extension agreement represe~
City and Johnson County for
signed by all parties.
the entire
service. It
;nsion agreement between the City of Iowa
be amended only by a written instrument
Dated this day of
,1997.
CITY OF IOWA C
By:
Naomi J. Novick,
ATTEST:
City C//~/rk
Al~ved bY:)//'/~'
City Attorney's Office
IOWA
~'(~NSON COUNTY, IOWA
By: Sally St~sman, Chairperson
Board of %rvisors
ATTEST: %County A it~
Page 2
CITY OF
CITY ACKNOWLEDGMENT
STATE OF )
) SS:
JOHNSON (: )
On this day of
personally appeared
being by me duly sworn, did
Iowa City, Iowa; that the
corporation, and that the
authority of its City Council, as
by the City Council, on the
Naomi J. Novick and Marian K.
voluntary act and deed and the
executed.
, a Notary Public
Novick and Marian K. Karr, to
are the Mayor and
affixed to the foregoing
was signed and seal~
~tained in (Ordinance) (F
day of
acknowledged
ntary act and
, before me,
for the State of Iowa,
y known, and, who,
respectively, of the City of
is the corporate seal of the
on of the corporation, by
1) No. passed
, 19 , and that
execution of the instrument to be their
of the corporation, by it voluntarily
Public in and for the State of Iowa
JOHNSON COUNTY ACKNOW
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day , 19 , before me,
Public in and for the State of
' d
Iowa, personally appeared Sall~ Stutsman and Tom to me personally known, an ,
who, being by me duly sworn,/did say that they are the rperson of the Board of Supervisors
and County Auditor, respectively, of the County of Johnso ~ Iowa; that the seal affixed to the
foregoing instrument is the c/brporate seal of the corporation, a'~d that the instrument was signed
and sealed on behalf of the corporation, by authority of its Boar~ of Supervisors, as contained in
the Motion adopted ~ the Board of Supervisors, oi~ the day of
/, 19. , and Sally Stutsman and T~m Slockett acknowledge the
execution of the instrurr/ent to be their voluntary act and deed and t~e voluntary act and deed of
the corporation, by it/luntarily executed. ~
Notary Public in and for the e of Iowa
jccogtp\agt\paratr4¢bc
/
MEMO: PARATRANSIT-TRANSIT UPDATE AND RECOMMENDATION
SEPT. 21, 1997
TO: CITY COUNCIL
FROM: DEAN THORNBERRY AND DEE VANDERHOEF
As the Council's negotiating representatives, we have conducted numerous discussions
with representative of the County government. At this point, we have not reached and
therefore cannot recommend an agreement, that we believe the terms of which would be
satisfactory to not only the City Council, but also to the County.
Issues of management information, length of contract, end of the year balances and how
they should be distributed, previous end of the year balances, what the City may or may
not be owed and other issues remain unresolved. While we have tentative agreement on
financing, the details of that agreement have not been concluded.
The City is mandated by law to provide paratransit service. Historically, the City has
chosen the County SEATS SERVICE as their contracted service provider, in other words,
their vendor.
The County government, at their own initiative, provides paratransit service outside of the
City limits for other communities and County resident. These services to County resident
(those outside the municipal boundaries) are based on their operating policies and
procedures and not encumbered by Federal regulation. We have continued our efforts to
maintain an integrated, coordinated system.
Upon review of last years contract, the County is technically in violation, in that they did
not provide the management information required by the contract. While we may be
accused of "harping" on the management information issue, we strongly believe that
performance and information to measure performance is an important criteria for any
contract, particularly due to the expenditure of public moneys. In other words,
accountability!!! How do we know whether we are getting our moneys worth? In City
government, as well as in any business, we require performance in virtually all of our
contractual relationships. The employee/employer relation requires measurement
information as well. We even place our construction inspectors at the job site to fulfill
that commitment to a quality product while expending public monies. Construction
contractors have performance standards. Our vendors must demonstrate their work
performed for payment received. We believe that such a principle should be maintained
throughout any contractual arrangements, including arrangements with other
governments. To date, the City does not have the information to satisfy many of the
operational questions raised and therefore can not with any certainty guarantee the
service provided is as we would want it to be. We simply dofft know!
We believe our community is receiving quality paratransit service through the County
government, however, the harping question...is it provided in the most efficient and cost
effective manner? Again, we don't know!!! While this service carries the name of the
County, it is clearly something the City purchases and provides to its' citizens at a cost to
our taxpayers. There are many factors that affect these costs, particularly as I mentioned
earlier, our obligations for paratransit service under Federal law. But, in order for us to
measure whether we are fulfilling that obligation, as well as receiving the best value for
our dollar, management information is critical. It can not be ignored. It will not go away!
The City's position has been very clear for several years.
The last contract clearly states the management infomarion obligations. Over a year ago,
the City participated with the County in the purchase of a computer system which we
believed would be the instrument to help provide management information. In our
judgment it has not! Certainly there have been extenuating circumstances given the loss of
personnel by the County, however, the contract obligation remains and we believe should
remain an integral part of any future contractual arrangement.
In order to provide for somewhat of a "breathing space", Dean and I would propose that
we have a 60 day extension from the County, that is, we will pay at the current rate we
are now paying on the previous extensions. This gives the County a full two months to
prepare and demonstrate that they can in fact provide the management information
systems previously contracted and which we believe to be the County's responsibility.
After review of the information and its submission in a detailed and timely fashion, we can
then make a final recommendation either a continuation of the contract with the County
and/or any other options, including but not limited to the City providing its own
paratransit service. We believe this "time off" allows the intensity of negotiations to settle.
The County has clearly indicated that they wish to provide this management information, it
is not only for our benefit but also for theirs. We put forth the proposal that the Mayor be
instructed to contact the County with this position. If it is acceptable to the County, that
is, a 60 day extension and clear direction that management information must be available
to us in a form acceptable to us no later than December 1, 1997.
The obligation has existed for over two years and the computer available for well over a
year. We must believe that certain work has been accomplished to fulfill this obligation
and therefore, a more directed effort on the part of the Cou~y could be a demonstration
that they fully intend to provide us with not only the quality of service we desire, but also
the information to allow us to measure for our citizens the cost of that service and benefits
derived.
September 23, 1997
CITY OF IOWA CITY
Sally Stutsman and County Supervisors
The Johnson County Board of Supervisors
P.O. Box 1350
Iowa City, IA 5224~¢'
Dear Sally and Members of the Board:
The Iowa City City Council requests that the Board of Supervisors approve a three month
extension of the SEATS contract beginning October 1, 1997. We plan to give our approval of
this extension at our September 23 meeting. We are also asking that the SEATS Director
concentrate on producing a computer program in the next two months to produce statistics that
will provide the City accountability for the costs of the service. We are willing to grant a 60 day
period for the County to figure out a system for preparing the reports. Beginning no later than
December 1, 1997, we will expect reports to be provided according to the provisions of the
adopted FY97 SEATS agreement between the City and the County. Joe Fowler can provide
any needed clarification of what specifically is required.
We also request that our contract negotiations be suspended for two months and that we
resume negotiations in December following the receipt of the first required report. Thank you
for considering these ideas before October 1.
Sincerely,
Naomi J. Novick
Mayor
cc: City Council
Steve Atkins
Joe Fowler
Jeff Davidson
Burnell Chadek, SEATS
tp2-3nn.wp5
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 * (319) 356=$000 · FAX (319) 356-5009
DEFEATED
Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236
RESOLUTION NO.
RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY
TRANSIT INTERCHANGE FACILITY
WHEREAS, the applicant, Shoemaker & Haaland Professional Engineers, has filed an application for
design review approval of the proposed Iowa City Interchange Facility to be located on Washington
Street between Old Capitol Mall and the Pentacrest, Iowa City, Iowa, hereinafter "Project"; and
WHEREAS, given that the Project consists of exterior alterations occurring in the public right-of-way
which was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E,
entitled "Design Review," of City Code requires the Design Review Committee to review and make
a recommendation to the City Council regarding the design of the Project; and
WHEREAS, the design review application for the Project, a copy of which is on file in the Department
of Planning and Community Development, has been reviewed by the Design Review Committee, and
after due deliberation the Committee has recommended the design of the Project be accepted and
approved as submitted, subject to:
1)
2)
3)
4)
the use of a copper roof;
not cutting corners on the selection of materials;
Design Review Committee review and approval of exterior signs;
the architect reviewing the quantity and size of the columns; and
WHEREAS, the design of the Project is found to conform with all of the applicable requirements of
the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The design of the proposed Iowa City Transit Interchange Facility to be located on Washington
Street between Old Capitol Mall and the Pentacrest in Iowa City, Iowa, be approved subject
to:
1)
2)
3)
4)
the use of a copper roof;
not cutting corners on the selection of materials;
Design Review Committee review and approval of exterior signs;
the architect reviewing the quantity and size of the columns.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed
to certify this resolution.
Upon this approval, necessary permits may be issued for the Project upon full compliance with
all applicable codes and ordinances.
330 '
Resolution No.
Page 2
DEFEATED
Passed and approved this
day of
, 1997.
ATTEST:
CITY CLERK
MAYOR
City Attorney's Office
It was moved by
and upon roll call there were:
AYES:
and seconded by
NAYS:
the Resolution be adopted,
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ecodev\transit.res
__ PENTAC~E,ST
........ ~~'~ ~ ~ ((
--- - k(( ~~ ~
~OP~EP ?~51T FACIL~ ~: .......... ~ ' MALL EN~NCE
-
~ OLP CAPITOL MALL
IOWA CITY TRANSIT INTERCHANGE FACILITY
5HOEMAF-,ER & I-LAA~ P.E.
Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA (319) 356-5232
RESOLUTION NO. 97-326
RESOLUTION ESTABLISHING A PUBLIC ART PROGRAM
WHEREAS, public art expresses a community's spirit and improves a community's image; and
WHEREAS, the public welfare is furthered by the presence of art in public places; and
WHEREAS, the City Council has determined that financial and technical support for a public art
program is in the best interest of the people of Iowa City; and
WHEREAS, such a program should enhance public spaces, promote Iowa city's reputation as a
cultural center, and build Iowa City's image as a vital place to live and work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. Each fiscal year, a minimum of $100,000 will be allocated in the Capital Improvements
Program for public art.
2. A Public Art Advisory Committee will be appointed by the City Council to develop the Iowa
City Public Art Program including, but not limited to, by-laws for the Committee, and
procedures for the commissioning, procurement, maintenance, and deaccessioning of
public art.
3. This resolution shall be in effect until amended or rescinded by an action of the City Council,
after public hearing on the amendment or recision.
Passed and approved this 23r'd day of September'
,1997.
ATTEST:/~.,~,;~.~) L:~.
Cl ~"f~ CLERK
City Attorney's Office
ppdadmin~res\publiart.doc
9
Resolution No. 97-326
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Kubby
AYES: NAYS: ABSENT:
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
repared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA (319
RESOLUTION NO.
ESOLUTION ESTABLISHING A PUBLIC ART PR(
WHEREAS,
Lrt expresses a community's spirit and im
a community's image; and
WHEREAS, the
welfare is furthered by the presence art in public places; and
WHEREAS, the City
art program is in the best
has determined that fina
of the people of
and technical support for a public
and
WHEREAS, such a program
cultural center, and build Iowa
enhance publi paces, promote Iowa city's reputation as a
,'s image as a place to live and work.
NOW, THEREFORE, BE IT
ED
CITY COUNCIL OF IOWA CITY, IOWA:
1. Each fiscal year, $100,000 will be
art.
in the Capital Improvements Program for public
A Public Art Advisory Committee
City Public Art Program includi~
procedures for the commissio~
public art.
This resolution shall be in
after public hearing on the
Passed and approved this
ATTEST:
CITY K
but
by the City Council to develop the Iowa
limited to, by-laws for the Committee, and
ent, maintenance, and deaccessioning of
until amended or rescinded by an action of the City Council,
'~dment or recision.~
day of 7.
MAYOR
A oved b
iity~' nnbe~,s~ ~/"/'~"~'~
ppdadmin\res\publiart. doc
Prepared by: Eleanor M. Dilkes, Acting City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 97-327
RESOLUTION AUTHORIZING AN AGREEMENT FOR ACQUISITION OF
PROPERTY IN LIEU OF CONDEMNATION BETWEEN GLENN D. AND PRISCILLA
A. JACOBSEN AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUC-
TION OF A MUNICIPAL PARKING FACILITY.
WHEREAS, Glenn D. Jacobsen and Priscilla A. Jacobsen have fee title to certain real estate
located within Johnson County, Iowa, within the corporate limits of the City of Iowa City; and
WHEREAS, the City of Iowa City, Iowa has determined that is in the public interest to acquire
said property for the future construction of a municipal parking facility; and
WHEREAS, the City and Glenn D. Jacobsen and Priscilla A. Jacobsen, in lieu of condemnation
proceedings, have agreed to the acquisition of certain property interests o.f Glenn D. Jacobsen
and Priscilla A. Jacobsen by the City and the amount to be paid to the Jacobsens as "just
compensation".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is in the public interest of the City of Iowa City, Iowa that the attached Agreement
for acquisition of property in lieu of condemnation between Glenn D. Jacobsen and
Priscilla A. Jacobsen and the City of Iowa City, Iowa for the future construction of a
municipal parking facility be approved.
2. The attached Agreement is approved as to form and content.
The Mayor and City Clerk are hereby authorized and directed to execute the
Agreement, for and on behalf of the City of Iowa City, for recordation in the Johnson
County Recorder's Office at City expense.
Passed and approved this 23rd day of September
, 1 997.
ATTEST: '~4~...~..,.~.~ ~.
CITY'"'C LER K
MAYOR
Approve¢, by
City-Attorney's Office
ppdadmin\jacobsen.res
Resolution No. 97-327
Page 2
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa a municipal corporation,
hereinafter called CITY, and Glenn D. Jacobsen and Priscilla A. Jacobsen, hereinafter
called OWNER.
WHEREAS, OWNER has fee title to certain real estate located within Johnson County,
Iowa, within the corporate limits of the City of Iowa City; and
WHEREAS, CITY has determined that it is in the public interest to acquire said property
for the purpose of future construction of a municipal parking facility; and
WHEREAS, CITY and OWNER, in lieu of condemnation proceedings, have agreed to
the acquisition of certain property interests of OWNER by the CITY and the amount to be paid
to OWNER as "just compensation".
IT IS THEREFORE AGREED;
CITY shall acquire by warranty deed from OWNER the fee title to certain real
estate set out in Exhibit "A" attached hereto.
OWNER shall receive from CITY the sum of $105,000 which shall be paid at the
time CITY takes possession of the real estate described in Exhibit "A" attached
hereto.
Dated in Iowa
CITY OF IOWA CITY, IOWA
The parties agree to the terms of the Offer to Buy Real Estate and Acceptance
attached hereto as Exhibit "B" and said terms are incorporated herein by
reference.
City, Iowa this //~7"~-_/L dayof
Nadrni J. N~ick, ~ayor
"--Marian Karr, City Clerk
App%~ '"~'"f~ '
City Attorney's Office
/~NER
Glenn D. Jacob./en
Priscilla A. Jacobser~/'
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this '~0~ day of C~0~u~in'n'n'~s%ai~d S~tta~t~t~ , 19~, before me, the undersigned, a
Notaw Public in and for said ~, ' ' e, personally appeared Glenn D. Jacobsen and
Priscilla A. Jacobsen, to me known to be the identical persons named in and who executed the
within and foregoing instrument, and acknowledged that they executed the same as their
voluntaw act and deed.
'~'~ ~%% ~ of Iowa
~otaw Pu~li~ and for t~e State
STATE OF IOWA ) -- ~E~Y ~ ~0~
JOHNSON COUN~ ) ~mml~n E~~ ~L
On this .J3 day of S~-.,~,¢_,.- , 19 9'7 , before me, --~r~-,~
~'o,.,+- , a Notary Public in and for the State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and
that the instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in (Ordinancc) (Resolution) No. ~7-3-¢7 passed by the City Council,
on the ~.-~ "~ day of ..~%~+~,~,~- , 19 ~"7 , and that Naomi J. Novick and
Marian K. Karr acknowledged theexecution of the instrument to be their voluntary act and deed
and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
ppdadmin\agt\jacobsen.doc
EXHIBIT A
Beginning at the Northeast corner of Lot 1 in Block 7 in County Seat Addition to Iowa
City, Iowa, according to the recorded plat thereof, thence South 100 feet, thence West
40 feet, thence North 100 feet, thence East 40 feet to the point of beginning, excepting
the South 10 feet of the East 16 feet thereof.
ppdadmin\jacobleg.doc
EXHIBIT "B"
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Glenn O. Jacobsen and Priscilla A. Jacobsen, husband and wife, SELLERS
1. REAL ESTATE OESCRIPTION. The Buyers offer to buy real estate in JOHNSON County, Iowa, locally known as 7 Harrison Street ,
end legally-described as follows:
Legal description to be taken from abstract of title and approved by BUYER's attorney
with any easements and appurtanant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any
easements of record for public utilities, roads and highways; and d. (consider: liens, mineral dghts; other easements; interests of others.)
designated the Real Estate; provided Buyers, on possession, are permitted to make the following use of the Real Estate:
Rental property; public parkind ramp
2. PRICE. The purchase price shall be $ 105,000.O0 , payable at JOHNSON
County, Iowa, as follows:
PURCHASE OF THIS PROPERTY IS CONTINGENT UPON IOWA CITY CITY COUNCIL APPROVAL OF THIS PURCHASE AGREEMENT. IF SO APPROVED THE
PURCHASE PRICE WILL BE PAID IN FULL UPON POSSESSION AND CLOSING.
3. REAL ESTATE TAXES. Sellers shall pay any unpaid real estate taxes payable in prior years and taxes due, but not yet payable, shall be prorated to
the date of possession. Buyers shell pay all subsequent real estate taxes with taxes for the period prior to the date of possession being the responsiblit¥ of Seller.
Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments ~vhich a~'e a lien on the Real Estate as of the date of closing.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would
become delinquent during the calendar ye~ this offer is accepted, and all prior installments thereof.
c. All other special assessments shall be paid by Buyers.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sollet's delivery of possession of the Real Estate to Buyers shall be as follows:
All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers.
IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and extended coverage insurance o.~ the Real Estate until
possession is given to Buyers and shall promptly secure endorsements to the appropriate insurance policies naming Buyers as additional insureds
as their interests may appear. Risk of loss from such insured hazards shall be on Buyers after Sellers have performed under this paragraph and
notified Buyers of such performance. Buyers, if they desire, may obtain additional insurance to cover such risk.
CONDITION OF PROPERTY.
The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however,
if 5.a. is stricken and there is loss or destruction of all or any par~ of the Real Estate from causes covered by the insurance maintained by Sellers,
Buyers agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its i~resent
condition and Sellers shall not be required to repair or replace same.
7. ENVIRONMENTAL MATTERS. (a} SELLERS warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal
sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels of radon gas, asbestos or urea-
formaldehyde foam insulation which require remediaLion under current environmental standards, and SELLERS have done nothing to contaminate the Property with
hazardous wastes or substances. SELLERS warrant that the p~'operty is not subject to any local, state, or federal judicial or administrative action, !nvestigation
or order, as the case may be, regarding wells, solid waste disposal sites. hazardous wastes or substances or underground storage tanks. SELLERS also shall provide
BUYER with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage
tanks on the Property, unless disclosed here:
{b) BUYER may, at its expense, within 1--5 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze
the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances,
conditions or wastes are discovered on the Property, BUYER's obligation heNiunder shall be contingent on the removal of such materIN-,, =lubstancee,~.o~Jitto~s
or wastes or other resolution of the matter reasonably satisfactory to BUYER. However, In the event SELLERSs are required by BUYER pursuant to the fe~tg
sentence. to expend any sum in excess of, .(~X) . to remove arW hazardous materials. substances. conditions or
this'transaction and refund to BUYER air ear'eat money paid and dec are ths Agreement null and vo d The expense of any insl~ectIOn'Snail De pal{~ oy ~, c ·
-2-
the expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by SELLERS, subject
to SELLERS' right to cancel this transaction as provided above.
8. POSSESSION. if Buyers timely perform all obligations, possession of the Real Estate shall be delivered to Buyers by October 1, 1997 , with any
adjustments of rent, insurance, and interest to be made as of the date of transfer of possession.
9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, reds,
blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air oondltloning equipment, wall
to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of
Real Estate and included in the sale except: (consider: rental items)
10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
11. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance
of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards
of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any
additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees.
12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by WARRANTY deed, free and clear
of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of
this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed.
13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint
tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and
any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common;
and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept
a deed from the surviving Seller consistent with paragraph 11.
14, JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for
the purpose of relinquishing all rights of dower, homestead and distribute shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute
the deed or real estate contract for this purpose.
15.
16.
TIME IS OF THE ESSENCE. Time is of the essence in this contract.
REMEDIES OF THE PARTIES.
a. If Buyers fail to timely perform this contract, Sellers may forfeit it as provided i.n the Iowa Code, and all payments made shall be forfeited or,
at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure {during
which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract
may be foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyers have the right to have all payments made returned to them.
c. Buyers and Sellers also are e.)titled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to
obtain judgment for costs and attorney fees as permitted by law.
17. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyers with a writ-ten statement
from the holder of such lien, showing the correct balance due.
18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association.
19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such app~'ovai.
If this contract is not so approved, it shall be void.
20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties.
-3-
21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according
to the context.
22. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before September 8, 1997t it shall become void and all payments shall be
repaid to the Buyers.
23, OTHER PROVISIONS.
a. Prior to closing, SELLERS shall remove all storage and debris from the front porch of the residence.
DATED:
b. Sellers shall assign to Buyer at closing all leases for the premises and Buyer shall comply with landlord's obligations under said leases,
City Manager, C~l~.f..~s City
This offerie a~pted ~'~,~ -- ~7 ,,g ..
Spouse
Prepared by: Steve Long, Community Development, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248
RESOLUTION NO. 97-328
RESOLUTION ADOPTING IOWA CITY'S AMENDED FY98 ANNUAL ACTION PLAN, THAT IS
PART OF THE CONSOLIDAT'ED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR
HUMANITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM), AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa,
to prepare and submit an Annual Action Plan for FY98 as part of the City's Consolidated Plan (CITY STEPS)
to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission held a meeting on August 21,
1997, regarding the use of reallocated federal Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) funds for fiscal year 1998; and
WHEREAS, the City has disseminated information and received public input on the Amended FY98 Annual
Action Plan; and
WHEREAS, the Amended Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto
as Exhibit A; and
WHEREAS, the Amended Annual Action Plan budget (as attached) does not include the HOME allocation for
Habitat for Humanity or the CDBG allocation for Hawkeye Area Community Action Program to allow for separate
votes on each of these items as requested by two City Council Members; and
WHEREAS, adoption of the Annual Action Plan for FY98 will make Iowa City eligible to expend federal and state
funds administered by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended Annual
Action Plan for FY98 and submission to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
1. The City of Iowa City Amended Annual Action Plan for FY98, filed in. the office of the City Clerk, be and
the same is hereby approved and adopted.
2. The City Manager of owa City is hereby authorized and directed to submit the City of Iowa City Amended
Annual Action Plan for FY98 to the U.S. Department of Housing and Urban Development, and is further
authorized and directed to provide all the necessary certifications required by the U.S. Department of
Housing and Urban Development in connection with said Plan.
Resolution No. 97-328
Page 2
The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf
of the City of Iowa City in connection with the City of Iowa City Annual Amended Action Plan for FY98.
Passed and approved this 23rd day of September
, 1997.
ATTEST:
CITY 'OLERK
MAYOR
City Attorney's Office
It was moved by Vanderhoef
upon roll call there were:
AYES:
X
X
X
X
X
X
X
and seconded by
NAYS:
Ku b b.y
ABSENT:
the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ppdcdbg\homeres.wp5
PROPOSED
EXHIBIT A
FY98 BUDGET AMENDMENT
ECONOMIC DEVELOPMENT PROJECTS
Micro-enterprise Training: Institute for Social & Economic Development
Business Expansion: Headland Candleworks
Micro-enterprise Training: Small Business Development Center
PUBLIC FACILITIES PROJECTS
Acquisition & Rehab: Crisis Center
Residential Backflow Prevention: City of Iowa City
Upstairs Floor Improvements: Emergency Housing Project
Center Enhancement & Security: United Action for Youth
PUBLIC SERVICE PROJECTS
Support Services for Transitional Housing: Emergency Housing Project
Furniture Project: Domestic Violence Intervention Program
Job Training: East Central IA Employment & Training Consortium
Youth leadership Program: Community Corrections Improvement Assn.
Aid to Agencies
HOUSING PROJECTS
Acquisition & Rehab: Greater Iowa City Housing Fellowship
Land Acquisition: Habitat for Humanity
Small Repair Program: Elderly Services Agency
Housing Rehabilitation: City of Iowa City
Man. Home Fire Safety: I.C, Fire Dept, & U, of I, Burn Treatment Ctr.
Rental Housing Construction: Meadow Wood Senior Apartments
Affordable Owner-occupied Housing: Swenson & Associates
Emergency Replacement: Hawkeye Area Community Action Program
ADMINISTRATION
HOME Program Administration
CDBG Program Administration and Planning
CONTINGENCY
Unprogrammed Funds for CDBG
TOTAL
May. 1997
$ 20,000
$ 72,000
$ 20,700
$200,OOO
$ 3,500
$ 1,800
$ 8,725
$ 16,600
$ 7,500
$ 7,050
$ 17,000
$105,000
$317,220
$ 30,667
$ 28,000
$424,000
$ 3,000
$11,ooo
$ 68,238
$ o
$ 55,000
$140,000
$155,000
$1,712,000
Sept., 1997
$ 20,000
$ 72,000
$ 20,700
$200,000
$ 3,5OO
$ 1,800
$ 8,725
$ 16,600
$ 7,500
$ 7,050
$ 17,000
$105,000
$317,220
$ 46,000
$ 28,000
$461,000
$ 6,000
$ 11,000
$ 68,238
$ 4,886
$ 55,000
$140,000
$ 95,781
$1,713,000
Sources of Funds
CDBG Entitlement
HOME Program Entitlement
Anticipated FY98 Program Income
Supplemental FY97 Program Income
Unobligated Funds
TOTAL
$ 971,000
$ 552,000
$ 30,000
$ 20,000
$140.000
$1,713,000
FY98
ANNUAL AC.TION
PLAN
City Council of Iowa City
Naomi J. Novick, Mayor
Ernie Lehman, Mayor Pro Tern
Larry Baker
Karen Kubby
Dee Norton
Dean Thornberry
Dee Vanderhoef
AMENDED
SEPTEMBER,
1997
COMMUNITY DEVELOPMENT D/V/S/ON
DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT
CITY OF IOWA C/TY, IOWA
TABLE OF CONTENTS
SECT/ON I
SECTION II
SECT/ON III
SECTION IV
SECTION V
SECTION VI
Standard Form 424 'for CDBG Program
Standard Form 424 for HOME Program
Resolution Adopting FY98 Annual Action Plan
FY98 Funding Sources
Support Applications by Other Organizations
FY98 CDBG and HOME Projects - FY98 CDBG\HOME Budget (as revised)
- Description of Projects
- Chart Showing Distribution of Funds by Project Type
Geographic Distribution of Resources
- Map Showing FY98 Project Locations
FY98 Annual Action Plan Narrative
Certifications for FY98 CDBG and HOME Programs
SECT/ON I
Standard Form 424 for CDBG Program
Standard Form 424 for HOME Program
Resolution Adopting FY98 Annual Action Plan
Resolution Adopting FY98 Annual Action Plan Amendments
APPLICATION FOR
FEDERAL ASSISTANCE
I. TYPE OF BUBMI8810N:
D Comtnm~ r"] co~m=~on
r~ Noa-comtmcllon D NomCo~.tmcllon
~. APPLICANT INFORMATION
Legal Name:
City of Iowa City
Addme= (g~ve c~, cour~,, state. ~ zip
410 E. Wasthington Street
Civic Center
Iowa City IA
05/09/97
3. OAl'~ RECEIVED BY ~TATE
/ /
4. DATE RECEIVED BY FEDERAL AGENCY
/ /
52240-'
I~. EMPLOYER IDEN'~FICATION NUMBER rEIN1:
q-/q °L°l l °1 1
If Raveen. enter appropr~te istto;(e) m Ix:Jx(e~): [] r'-J
A. Increase Award 8. Oecdease Award
D Decrease Durallon Other
J14-218
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER
TITLE:CDBG - Entitlement Grant
C. Ir~.,tease Outalton
A~ I~ndfier
CDBG
St~e Appl~c~l,:~ I~eni~t~r
F~
42-6004805
Ocgaalzatlonal Urn:
Municipality
Name and telephone null)at c~ pem~n to b~ ~x~lacled on matter [n'a3Nl~g
this appllcatk:m (gNe area code)
Maurice Head, Community Development
Coor
(319) 356-5244
?, TYPE O~ APPLICANT: (enter appropriate is/tar ~n ~x)
A. Sta{e H. Interdependent Sc~)ol District
B. Courtly I. SteJe Co~tro0ed Imtllulk~ o~ Higher Leaning
C. Mu~ J. Private Urnverne/
D, Townsh~ K. Indla~lTrtbe
E. Intemtate L. Indlvtdua~
F INermunic~ M. Pro~11 Organization
G. SJ~ICI~J DIS[11c~ N. Other (SpeCll~)
9. ~ME OF FEDERAL AGENCY:
U.S. Dept. of Housing & Urban
11. DECEPTIVE 3TILE OF APPLIC~d,i~r's PR~ECT:
CDBG Entitlement Grant for the
Iowa City.
City of
12. AREA ~FECTED BY PR~E~ (~, ~, states, etc~,
City of Iowa City, Johnson County, Iowa
13. PROPQSED PROJF=~"~I':
Starl Date Endrag Date
07/01/97 06/30/98
15, ESTIMATED FUNDING:
a. F e~,eml $
14, CONGF~r=SSlOfiALDIB'rRIc'rSDF:
a. Applk:a~
First
971,000.~
i:). Applicant S 0 .00
O. PmN'c~
i First
t6. IS APPLICATION SUBJECT TO REViLm/V BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. YES THIS PREAPPLICATION / APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR RENEW ON:
/ /
DATE
c. State $ 0 O0
b. NO J~]
d. Loca~ $ 0 DO
adler $ 140,000.~
PROGRAM IS NOT COVF. RED BY E.O. 12372
OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
f. Program Income $ 50, 000.00 17.1S THE APPLICANT OELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ 3., 161, 000 .00 ~ Yea If'Yee."allaC~anex~u~alk~ ~ NO
18, TO THE BEST O~ MY KNOWLEDGE AND BELIEF, ALL DATA IN ~ APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HA~ BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL CO~PLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Typed Name o~ Aulrxxtzed Repm~entlve
Stephen J. Arkins
Jb. Title e. TeJaplxme number
City Manager (319) 356-5010
d. Signature ot Autlx:~ze(I Repre~mJll~
Prev~ Ed~11o~ ~ U~able
Authorized for Local Reproduction
a. D~e Signed
05/09/97
Standard Fo~'m 424 - (REV 4-88)
U. S. D~mmnt of Housing and Urban Development
Consolidated Plan System
SF424 Supporting Document
~n re~erence to subettssfon:
Applicant Ide~tifier:
State Identifier:
Federal Identifier:
Contact person:
CDBG
42-6004805
Maurice Head, Community Development Coor
(319) 356-5244
17. If applicant is delinquent on any Federal debt, attach an explanation:
N/A
APPLICATION FOR
FEDERAL ASSISTANCE
1. TYPE OF SUBMISSION: Application
r'-] ConstnJctlon
] Non.-Conslructk:)n
5. APPLICANT INFORMATION
Legal Name:
City of Iowa City
Praappllcatlon
r'=l Conetrucllon
r~ N on..c o,netruc I1~'~
2. DATE 8UBMrrrED:
09/30/97
3, DATE RECEIVED BY STATE
/ /
4. DATE RECEIVED BY FEDERAL AGENCY
/ /
Applicanl Identifier
State Application Identifier
Federal Identifier
42-6004805
Organlzallonal Uml:
Municipality
OMB .'~1 No, 0348.0043
Address ~ive c~t~ ~unl~ state, a~ z~
410 East Washington Street
Iowa City IA
52240-
Name and lelephone number of pemo~ Io be contacted on matter invc~v~ng
this application1 (give area code)
Maurice Head, Community Development
Coor
(319) 356-5244
8, TYPE OF APPLICATION;
~] New
rf Revision, enler appropriate leller(s) in box(es):
A. Increase Award
D. Decrease Duration
r'~ continualion [] Revision
B. Decrease Award C. increase Duration
Other (spec~y):
7. TYPE OF APPLICANT: (enter appropriate tatter in box)
A. State H. Interdependant School Dlslrict
B. County I. Slate Controlled institution of H~gher Learning
C. Municipal J. Pdvale University
D. Township K. Indian Tdbe
E. Inlerstate L. IndNioual
F. Inlermunioipal M. Profit Organization
G. Special Dialrim N. Other (Spec~)
g, NAME OF FEDERAL AGENCY:
U.S. Dept. of Housing & Urban
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER
TITLE: HOME Investment
14-239
in Affordable Housing
11. DESCRIPTIVE ThE OF APPLICANTS PR~ECT:
HOME Investment Partnership Program -
Rarticipating Jurisdiction Allocation
12. AR~ AFFEC~D BY PR~E~ (~, count~, statas. elc.~
City of Iowa City, IA and Johnson County, IA
13. PROPOSED PROJF. gT: 14. CONGRESSIONAL DISTRICTS OF:
Stair Date Ending Dale a. ApplJcanl
07/01/97 06/30/98 First
15, ESTIMATED FUNDING:
a. Federal $ 552,000 o0
b. Applicant $ 0 .00
c Slate $ 0 O0
d. Local $ 0 O0
e. Other $ 0 .00
I b. Project
! First
lO. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. YES THIS PREAPPLICATION / APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
/ /
DATE
Nol
PROGRAM IS NOT COVERED BY E.O. 12372
OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
Program Income
0 00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL $ 552,000.~
] Yea I1 "Yes," altech an explanation r~ No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE I$ AWARDED.
a. Typed Name c~ Aulhodzed RepresentNe
Stephen J. At~ins
b. Tllle
City Manager
c. Telephone number
(319) 356-5010
d. Signature of Authorized Representative
e. Date Signed
Previous Edlllona No( Usable Authorized for Local Reproduction sland~ Form 424- (REV 4-88)
U.S. Department of Housing and Urban Development
Consolidated Plan System
SF424 SupportlngDocument
In reference to submission:
Applicant Identifier:
State Identifier:
Federal Identifier:
Contact person:
42-6004805
Maurice Head, Community Development Coot
(319) 356-5244
17. If applicant is delinquent on any Federal debt, attach an explanation:
N/A
Prepared by: Steven Nasby, CDBG Division, City of Iowa City, 410 E. Washington St., 10wa City, IA 52240 (319)356-5248
RESOLUTION NO. 97-140
RESOLUTION ADOPTING IOWA CITY'S FY98 ANNUAL ACTION PLAN, THAT IS PART OF
THE CONSOLIDATED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR HUMANITY),
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY
CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
AND DESIGNATING THE 'CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE
OFFICER FOR THE CONSOLIDATED PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa,
to prepare and submit an Annual Action Plan for FY98 as part of the City's Consolidated Plan (CITY STEPS)
to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings
regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) funds for fiscal year 1998; and
WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY98
Annual Action Plan; and
WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit
A; and
WHEREAS, the Annual Action Plan budget (as attached) does not include the HOME allocation for Habitat for
Humanity to allow for a separate vote on this item as per a City Council member's request; and
WHEREAS, adoption of the Annual Action Plan for FY98 will make Iowa City eligible for federal and state funds
administered by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action
Plan for FY98 and submission to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City Annual Action Plan for FY98, filed in the office of the City Clerk, be and the same
is hereby approved and adopted.
The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual
Action Plan for FY98 to the U.S. Department of Housing and Urban Development, and is further
authorized and directed to provide all the necessary certifications required by the U.S. Department of
Housing and Urban Development in connection with said Plan.
The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf
of the City of Iowa City in connection with he City of Iowa City Annual Action Plan for FY98.
Resolution No. 97-140
Page 2
Passed and approved this 6th day of Hay
,1997.
ATTEST:
CITY CLERK City Attorney's Office
It was moved by Kubby
upon roll call there were:
and seconded by
AYES: NAYS: ABSENT:
X
Baker
the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ppdcdbChomeres.wp5
EXHIBIT A
FY98 ANNUAL ACTION PLAN BUDGET
CDBG AND HOME FUNDING
ECONOMIC DEVELOPMENT PROJECTS (Est. Set-aside $167,000)
Micro-enterprise Training: Institute fo~'Social & Economic Development
Business Expansion: Headland Candleworks
Micro-enterprise Training: Small Business Development Center
Subtotal
PUBLIC FACILITIES PROJECTS (Est. Set-aside $129,435)
Acquisition & Rehab: Crisis Center
Residential Backflow Prevention: City of Iowa City
Upstairs Floor Improvements: Emergency Housing Project
Center Enhancement & Security: United Action for Youth
Subtotal
PUBLIC SERVICE PROJECTS (FY98 Statutory Cap $153,150)
Support Services for Transitional Housing: Emergency Housing Project
Furniture Project: Domestic Violence Intervention Program
Job Training: East Central IA Employment & Training Consortium
Youth leadership Program: Community Corrections Improvement Assn.
Aid to Agencies
Subtotal
HOUSING PROJECTS (Est. Set-aside $992,415)
Acquisition .& Rehab: Greater Iowa City Housing Fellowship
Land Acquisition: Habitat for Humanity
Small Repair Program: Elderly Services Agency
Housing Rehabilitation: City of Iowa City
Man. Home Fire Safety: I.C. Fire Dept. & U. of I. Bum Treatment Ctr.
Rental Housing Construction: Meadow Wood Senior Apartments
Affordable Owner-occupied Housing: Swenson & Associates
Subtotal
ADMINISTRATION
HOME Program Administration
CDBG Program Administration and Planning
Subtotal
CONTINGENCY
Unprogrammed Funds for CDBG and HOME
TOTAL
$ 30,667
HCDC (4/17/97)
Recommendation
$ 20,000
$ 72,000
$ 20.700
$112,700
$200,000
$ 3,5OO
$ 1,800
$ 8,725
$214,025
$ 16,600
$ 7,5OO
$ 7,050
$ 17,O00
$105.000
$153,150
$317,220
(see separate resolution)
$ 28,000
$424,000
$ 3,000
$ 11,000
$ 68,238
$882,125
$ 55,000
$140.000
$195,000
$155,000
$1,712,000
Prepared by: Steven Nasby, CDBG Division, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248
RESOLUTION NO. 97-141
RESOLUTION ADOPTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM
ALLOCATION FOR HABITAT FOR HUMANITY WITHIN THE FY98 ANNUAL ACTION PLAN,
THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, Resolution No. 97-140 adopts the FY98 Annual Action Plan with the exception of the
HOME Investment Partnerships Program (HOME) allocation for Habitat for Humanity which is a part of the plan;
and
WHEREAS, the City Council finds that the adoption of said HOME allocation to Habitat for Humanity is an
essential part of the plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City hereby adopts the HOME funding for Habitat for Humanity as part of the
FY98 Annual Action Plan.
Passed and approved this 6th day of
,1997.
MAYOR
Apj~¥ed by
CITY CLERK City Attorney's Office
It was moved by
upon roll call there were:
AYES:
X
X
X
X
X
Thornberry and seconded by Lehman
NAYS: ABSENT:
the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ppdcdbg~habtres.wp5
Prepared by: Steve Long, Community Development, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248
RESOLUTION NO.
RESOLUTION ADOPTING IOWA CITY'S AMENDED FY98 ANNUAL ACTION PLAN, THAT IS
PART OF THE CONSOLIDATED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR
HUMANITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM), AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE
U.S. DEPARTMENT OF HOUSING AND-URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS TH~ AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa,
to prepare and submit an Annual Action Plan for FY98 as part of the City's Consolidated Plan (CITY STEPS)
to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission held a meeting on August 21,
1997, regarding the use of reallocated federal Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) funds for fiscal year 1998; and
WHEREAS, the City has disseminated information and received public input on the Amended F--Y98 Annual
Action Plan; and
WHEREAS, the Amended Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto
as Exhibit A; and
WHEREAS, the Amended Annual Action Plan budget (as attached) does not include the HOME allocation for
Habitat for Humanity or the CDBG allocation for Hawkeye Area Community Action Program to allow for separate
votes on each of these items as requested by two City Council Members; and
WHEREAS, adoption of the Annual Action Plan for F"Y98 will make Iowa City eligible to expend federal and state
funds administered by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended Annual
Action Plan for FY98 and submission to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City Amended Annual Action Plan for FY98, filed in the office of the City Clerk, be and
the same is hereby approved and adopted.
The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Amended
Annual Action Plan for FY98 to the U.S. Department of Housing and Urban Development, and is further
authorized and directed to provide all the necessary certifications required by the U.S. Department of
Housing and Urban Development in connection with said Plan.
Prepared by: Steve Long, Community Development, City o1' Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5248
RESOLUTION NO.
RESOLUTION ADOPTING IOWA CITY'S AMENDED FY98 ANNUAL ACTION PLAN, THAT IS
PART OF THE CONSOLIDATED PLAN (CITY STEPS), (EXCLUDING HABITAT FOR
HUMANITY AND HAWKEYE AREA COMMUNITY ACTION PROGRAM), AUTHORIZING THE
CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE
CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
CONSOLIDATED PLAN.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa,
to prepare and submit an Annual Action Plan for FY98 as part of the City's Consolidated Plan (CITY STEPS)
to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission held a meeting on August 21,
1997, regarding the use of reallocated federal Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) funds for fiscal year 1998; and
WHEREAS, the City has disseminated information and received public input on the Amended FY98 Annual
Action Plan; and
WHEREAS, the Amended Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto
as Exhibit A; and
WHEREAS, the Amended Annual Action Plan budget (as attached) does not include the HOME allocation for
Habitat for Humanity or the CDBG allocation for Hawkeye Area Community Action Program to allow for separate
votes on each of these items as requested by two City Council Members; and
WHEREAS, adoption of the Annual Action Plan for FY98 will make Iowa City eligible to expend federal and state
funds administered by the U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended Annual
Action Plan for FY98 and submission to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City Amended Annual Action Plan for FY98, filed in the office of the City Clerk, be and
the same is hereby approved and adopted.
The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Amended
Annual Action Plan for FY98 to the U.S. Department of Housing and Urban Development, and is further
authorized and directed to provide all the necessary certifications required by the U.S. Department of
Housing and Urban Development in connection with said Plan.
Resolution No.
Page 2
The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf
of the City of Iowa City in connection with the City of Iowa City Annual Amended Action Plan for FY98.
Passed and approved this
day of ,1997.
ATTEST:
CITY CLERK
MAYOR
City Attorney's Office
It Was moved by
upon roll call there were:
AYES:
and seconded by
NAYS:
ABSENT:
the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ppdcdb<j~homeres.wp5
PROPOSED
EXHIBIT A
FY98 BUDGET AMENDMENT
ECONOMIC DEVELOPMENT PROJECTS
Micro-enterprise Training: Institute for Social & Economic Development
Business Expansion: Heartland Candleworks
Micro-enterprise Training: Small Business Development Center
PUBLIC FACILITIES PROJECTS
Acquisition & Rehab: Crisis Center
Residential Backflow Prevention: Cit~ of Iowa City
Upstairs Floor Improvements: Emergency Housing Project
Center Enhancement & Security: United Action for Youth
PUBLIC SERVICE PROJECTS
Support Services for Transitional Housing: Emergency Housing Project
Furniture Project: Domestic Violence Intervention Program
Job Training: East Central IA Employment & Training Consortium
Youth leadership Program: Community Corrections Improvement Assn.
Aid to Agencies
HOUSING PROJECTS
Acquisition & Rehab: Greater Iowa City Housing Fellowship
Land Acquisition: Habitat for Humanity
Small Repair Program: Elderly Services Agency
Housing Rehabilitation: City of Iowa City
Man. Home Fire Safety: I.C. Fire Dept. & U. of I. Burn Treatment Ctr.
Rental Housing Construction: Meadow Wood Senior Apartments
Affordable Owner-occupied Housing: Swenson & Associates
Emergency Replacement: Hawkeye Area Community Action Program
ADMINISTRATION
HOME Program Administration
CDBG Program Administration and Planning
CONTINGENCY
Unprogrammed Funds for CDBG
TOTAL
May. 1997
$ 20,000
$ 72,000
$ 20,700 ·
$200,000
$ 3,500
$ 1,800
$ 8,725
$ 16,600
$ 7,5OO
$ 7,050
$ 17,000
$105,000
$317,220
$ 30,667
$ 28,000
$424,000
$ 3,000
$ 11,000
$ 68,238
$ 0
$ 55,000
$140,000
$ !55,000
$1,712,000
Sept..1997
$ 20,000
$ 72,000
$ 20,700
$200,000
$ 3,500
$ 1,800
$ 8,725
$ 16,600
$ 7,5O0
$ 7,050
$ 17,000
$105,000
$317,220
$ 46,000
$ 28,000
$461,000
$ 6,000
$ 11,000
$ 68,238
$ 4,886
$ 55,000
$140,000
$ 95,781
$1,713,000
Sources of Funds
CDBG Entitlement
HOME Program Entitlement
Anticipated FY98 Program Income
Supplemental FY97 Program Income
Unobligated Funds
TOTAL
$ 971,000
$ 552,OOO
$ 30,000
$ 20,000
$140.000
$1,713,000
Prepared by: Steven Long, Community Development, City of Iowa City, 410 E. Washington SI., Iowa City, IA 52240 (319)356.5250
RESOLUTION NO.
RESOLUTION ADOPTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM
ALLOCATION FOR HABITAT FOR HUMANITY WITHIN THE AMENDED FY98 ANNUAL
ACTION PLAN, WHICH IS PART OF THE CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, Resolution No. adopts the Amended FY98 Annual ~ction Plan but excepts
therefrom the HOME Investment Partj3~erships Program (HOME) allocation for Habitat for Humanity which is a
part of the plan; and "
WHEREAS, the City Council finds that the adoption of said HOME allocation to Habitat for Humanity is an
essential part of the plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City hereby adopts the HOME funding for Habitat for Humanity as part of the
Amended FY98 Annual Action Plan.
Passed and approved this
day of ,1997.
ATTEST:
CITY CLERK
MAYOR
A~.~,.,.~oved by
City Attorney's Office
It was moved by
upon roll call there were:
AYES: NAYS:
and seconded by
ABSENT:
the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
~l:)dcdbg~abtre$.wD5
Prepared by: Steve Long, Community Develop., City of IowaCity, 410 E. Washington St., Iowa City, IA 52240 319-356-5250
RESOLUTION NO.
RESOLUTION ADOPTING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR HAWKEYE AREA COMMUNITY
ACTION PROGRAM (HACAP) WITHIN THE AMENDED FY98 ANNUAL ACTION
PLAN, WHICH IS PART OF THE CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, Resolution No. adopts the Amended FY98 Annual Action Plan but
excepts therefrom the Community Development Block Grant (CDBG) allocation for HACAP which
is a part of the plan; and
WHEREAS, the City Council finds that the adoption of said CDBG allocation to HACAP is an
essential part of the plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City of Iowa City hereby adopts the CDBG funding for HACAP as part of the Amended
FY98 Annual Action Plan.
Passed and approved this
day of ,1997.
ATTEST:
CITY CLERK
MAYOR
A/i~ved by
City Attomey's Office
It was moved by
adopted, and upon roll call there were:
and seconded by
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
ThomberTy
Vanderhoef
$£C7'10N II
FY98 Funding Sources
Suppo. rt Applications by Other Organizations
U.S. Department of Housing and Urban Development
CPD Consolidated Plan
Funding Sources
Entitlement Grant (includes reallocated funds):
1,523,000
Unprogrammed Prior Year°s Income not previously reported:
20,000
Surplus Funds:
Return of Grant Funds:
Total Estimated Program Income:
140,000
30,000
TOTAL FUNDING SOURCES:
1,713,000
Description
1. Loan Repayments
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTAL PROGRAM INCOME
Estimated Program Income
Grantee
30,000
0
0
0
0
0
0
0
0
0
30,000
Subrecipient
0
0
0
0
0
0
0
0
0
0
Run Date: 09/15/97
Run Time: 14:34:37
05~07~97
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Support of Applications by Other Entitles Report
Funding Source
A. Formula/Entitlement Programs
ESG
Public Housing Comprehensive Grant
Support Application
by Other Entitles?
Y
Y
B. Competitive Programs
HOPE 1 ~
HOPE 2
HOPE 3
ESG
Supportive Housing
HOPWA
Safe Havens
Rural Homeless Housing
Sec. 202 Elderly
Sec. 811 Handicapped
Moderate Rehab SRO
Rental Vouchers
Rental Certificates
Public Housing Development
Public Housing MROP
Public Housing ClAP
LIHTC
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
12:52:49
SECT/ON III
FY98 CDBG and HOME Projects - FY98 CDBG\HOME Budget (as revised)
- Description of Projects
- Chart Showing Distribution of Funds by Project Type
PROPOSED FY98 BUDGET AMENDMENT
ECONOMIC DEVELOPMENT PROJECTS
Micro-enterprise Training: Institute for Social & Economic Development
Business Expansion: Reartland Candleworks
Micro-enterprise Training: Small Business Development Center
PUBLIC FACILITIES PROJECTS
Acquisition & Rehab: Crisis Center
Residential Backflow Prevention~ City of Iowa City
Upstairs Floor Improvements: Emergency Housing Project
Center Enhancement & Security: United Action for Youth
PUBLIC SERVICE PROJECTS
Support Services for Transitional Housing: Emergency Housing Project
Furniture Project: Domestic Violence Intervention Program
Job Training: East Central IA Employment & Training Consortium
Youth leadership Program: Community Corrections Improvement Assn.
Aid to Agencies
HOUSING PROJECTS
Acquisition & Rehab: Greater Iowa City Housing Fellowship
Land Acquisition: Habitat for Humanity
Small Repair Program: Elderly Services Agency
Housing Rehabilitation: City of Iowa City
Man. Home Fire Safety: I.C. Fire Dept. & U. of I. Burn Treatment Ctr.
Rental Housing Construction: Meadow Wood Senior Apartments
Affordable Owner-occupied Housing: Swenson & Associates
Emergency Replacement: Hawkeye Area Community Action Program
ADMINISTRATION
HOME Program Administration
CDBG Program Administration and Planning
CONTINGENCY
Unprogrammed Funds for CDBG
TOTAL
May. 1997
$ 20,000
$ 72,000
$ 20,700
$200,000
$ 3,500
$ 1,800
$ 8,725
$ 16,600
$ 7,500
$ 7,050
$ 17,000
$105,000
$317,220
$ 30,667
$ 28,000
$424,000
$ 3,oo0
$ 11,000
$ 68,238
$ o
$ 55,000
$140,000
$155,000
$1,712,000
Sept., 1997
$ 20,000
$ 72,O00
$ 2O,700
$200,000
$ 3,500
$ 1,800
$ 8,725
$ 16,600
$ 7,500
$ 7,050
$ 17,000
$105,000
$317,220
$ 46,OOO
$ 28,000
$461,000
$ 6,000
$ 11,000
$ 68,238
$ 4,886
$ 55,000
$i40,000
$ 95,781
$1,713,000
Sources of Funds
CDBG Entitlement
HOME Program Entitlement
Anticipated FY98 Program Income
Supplemental FY97 Program Income
Unobligated Funds
TOTAL
$ 971,000
$ 552,000
$ 30,000
$ 2O,000
$140.000
$1,713,000
Run Date:
Run Time:
Project ID /
Local Code
1997.001
09/15197
14:34:51
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Institute for Social and Economic
Development -- Micro enter
ISED will use CDBG funds to conduct two
training sessions for low-moderate income
persons living city-wide (approximately 24
participants). Of these, 15 will complete the
sessions and identify business or career
goals. Ten participants will successfully
complete business start-up or expansion
plans. The goal will be to start or expand
3-5 businesses owned by low-moderate
income persons.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
18C
Micro-Enterprise Assistance /
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
Page: 1
Proposed
Accomplishments
20,000
0
0
0
20,000
0
0
20,000
No
24 People (General)
1901 Broadway Street, Iowa City, IA
1901 Broadway Street, Iowa City, IA
Run Date:
Run Time:
Project ID /
Local Code
1997.002
09115t97
14:34:52
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Headland Candleworks -- Business
Expansion
Headland Candleworks will be using CDBG
funds to purchase three new pieces of
equipment to enable the business to
produce large numbers of non-holiday
candle products. By making this expansion,
the business will be able to retain jobs
through out the year (non-seasonal). The
proposed expansion will create new jobs
and retain other positions. Approximately
8-15 jobs will be created or retained.
Activity Code/Title/Citation
18A
ED Direct Financial Assistance to
For-Profits / 570.203(b)
Funding Sources
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
These CDBG funds will be in the form of a
deferred payment loan at 1% interest upon
the completion of and compliance with an
independent audit.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Sub. recipient:
Location:
Non-Section 204
ADDRESS
No
Yes
No
570.208(a)(4) - LOW/MOD JOBS
BENEFIT
2920 Industrial Park Road, Iowa City, IA
72,000
0
0
0
72,000
0
0
72,000
No
Page:
.Proposed
Accomplishments
8 People (General)
Run Date:
Run Time:
Project ID /
Local Code
1997.003
09/15/97
14:34:53
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Small Business Development Center --
Micro enterprise Traini
SBDC will be using CDBG funds to provide
Fasttrac I training to low-moderate income
individuals. Approximately 40 eligible
persons will begin micro-enterprise training,
of those, 32 will complete the sessions. The
goal is to have 16 persons seek funding for
a business start-up or expansion, with 7 of
them actually doing so within 12 months.
18C
Micro-Enterprise Assistance /
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
20,700
0
0
0
20,700
0
0
20,700
No
Page: 3
Proposed
Accomplishments
40 People (General)
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
University of Iowa, Iowa City, IA
Run Date:
Run Time:
Project ID /
Local Code
09/15/97
14:34:53
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
1997.004
Crisis Center -- Acquisition and
Rehabilitation
The Crisis Center has outgrown its existing
facility due to a large number of volunteers
and ever increasing demand for services. A
building at 1132 Gilbert Court has been
identified for acquisition. Rehabilitation will
be necessary for the accomodation of the
Crisi~ Center.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
03
Public Facilities and Improvements
(General) / 570.201(c)
Yes
Yes
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
200,000
0
0
0
200,000
0
0
200,000
No
1,650 People (General)
1132 Gilbert Court, Iowa City, IA
Run Date:
Run Time:
Project ID I
Local Code
09/15/97
14:34:54
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
1997.005
City of Iowa City Water Dept. -- Residential
Backflow Preven
The City Water Dept. has been placing
anti-backfiow valves on homes in Iowa City
to prevent contamination into the water
supply. The small device costs
approximately $7 each, however, there are
low-moderate income persons who cannot
afford this expense. These funds will assist
300 households with the expense of this
device.
03J
Water/Sewer Improvements /
570.201(c)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Mogey?
3,500
0
0
0
3,500
0
0
3,500
No
300 Households
(General)
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient: None
Location:' CITY WIDE
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
Run Date:
Run Time:
Project ID /
Local Code
09/15197
14:34:54
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
1997.006
Emergency Housing Project-- Refinish
Floors
EHP is in need of shelter improvements due
to heavy use. The existing floor coverings
are worn and the shelter would prefer to
refinish the hardwood floors. By
undertaking this project the safety, health,
and maintenance of the shelter will be
greatly improved.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
03C
Homeless Facilities (not operating
costs) / 570.201 (c)
No
Yes
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Morley?
1,800
0
0
0
1,800
0
0
1,800
No
600 People (General)
331 North Gilbert Street, Iowa City, IA
Run Date:
Run Time:
Project ID /
Local Code
09/15/97
14:34:54
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
1997.007
United Action for Youth -- Center
Enhancement and Security
UAY is proposing to replace worn floor
coverings at its 410 and 422 Iowa Avenue
buildings and to replace the existing security
system. These improvements are needed
to insure the usefulness of UAY's facilities.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
03D
Youth Centers / 570.201 (c)
¥~S
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Moaey?
8,725
0
0
0
8,725
0
0
8,725
No
950 People (General)
410 Iowa Avenue, Iowa City, IA
~un ua[e: 09/15197 Page: 8
Run Time: 14:34:55
Project ID /
Local Code
1997.008
U.S. Department of Housing and Urban Development
CPD Consoiidated Pian System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Emergency Housing Project -- Transitional
Housing Support Se
EHP, through its Early Bird Program, is
providing supportive services to persons
living in transitional housing (city-wide).
These supportive services are an important
part of the homeless program in Iowa City
and to the success of the Single Room
Occupancy housing projects supported by
CDBG and HOME funds.
05
Public Services (General) /
570.201(e)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
16,600
0
0
0
16,600
0
0
16,600
No
Proposed
Accomplishments
20 Households (General)
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
Yes
Yes
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
Run Date:
Run Time:
Project ID I
Local Code
09/15/97
14:34:55
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
9
1997.009
Domestic Violence Intervention Program --
Furniture Project
DVIP is the lead agency for the Furniture
Project. The Furniture Project accepts
donations of useable furniture and
distributes it to low-moderate income
persons in need. A large number of the
recipients are coming out of homeless
shelters or other living situations where they
do not have any household furniture.
05
Public Services (General) /
570.201(e)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
7,500
0
0
0
7,500
0
0
7,500
No
400 People (General)
Helps prevent homelesshess?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
No
Yes
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
Run Date:
Run Time:
Project ID /
Local Code
10
1997.010
09/15/97
14:34:55
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
E.C. iowa Employment & Training
Consortium -- Employment Tra
ECIETC currently operates the Promise
Jobs\Quality Jobs programs that are
designed to assist persons with educational,
child care, and transportation expenses so
they can become economically
self-sufficient. The waiting list for these
programs is large and with the impact of
welfare reform this type of employment
training with supportive services will be in
greater demand.
05H
Employment Training / 570.201(e)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
These CDBG funds will be used to assist
additional persons on the ECIETC waiting
lists who live in Iowa City.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
7,O5O
0
0
0
7,050
0
0
7,050
No
Page: 10
Proposed
Accomplishments
3 People (General)
1700 First Avenue, Iowa City, IA
Run Date:
Run Time:
Project ID I
Local Code
09115/97
14:34:56
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
11
1997.011
Community Corrections Improvement Assn.
-- Youth Leadership
CClA is proposing to expand its Youth
Leadership Program in Iowa City to include
an additional class of students. This is a six
year program that targets youth who exhibit
leadership qualities, both positive and
negative. CClA°s goal is to provide these
youth positive experiences and role models.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
05D
Youth Services / 570.201(e)
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
17,000
0
0
0
17,000
0
0
17,000
No
64 People (General)
~.un Date:
Run Time:
Project ID /
Local Code
09/15/97
14:34:56
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
12
1997.012
City of Iowa City -- Aid to Agencies Budget
These funds are part of the City's budget for
14 human service organizations partially
funded by the City. The Aid to Agencies
budget is approximately $400,000 (including
these CDBG funds).
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
05
Public Services (General) /
570.201(e)
Yes
Yes
Yes
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
105,000
0
0
0
105,000
0
0
105,000
No
14 Organizations
Run Date:
Run Time:
Project ID /
Local Code
09/15/97
14:34:56
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
13.
1997.013
Greater Iowa City Housing Fellowship --
Acquisition and Reha
GICHF is planning on purchasing 15
existing single-family homes and condos to
be used as affordable rental housing units.
Minor rehabilitation of these units will also
be part of the project.
01
Acquisition of Real Properly /
570.201(a)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
30,887
286,333
0
0
317,220
0
0'
317,220
15 Housing Units
City CDBG and HOME funds will be in the
form of a 3% loan. Additional funding for
this project will come from State of Iowa
HOME funds and private sources (i.e.
banks).
Prior Year Money?
No
Helps prevent homeiessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
No
Yes
No
570.208(a)(3) - LOW/MOD
HOUSING BENEFIT
Run Date:
Run Time:
Project ID /
Local Code
14
1997.014
09/15/97
14:34:57
U.S. Department of Housing and Urban Development
CPD Consolidated Pian System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Habitat for Humanity -- Land Acquisition
Habitat for Humanity is proposing to
purchase vacant lots for the construction of
affordable owner-occupied housing. These
funds will be used to acquire 2 lots in Iowa
City. Habitat for Humanity's land acquisition
subcommittee is currently working to find
suitable lots.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
01
Acquisition of Real Property
No
No
No
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
Subrecipient:
Location:
Non-Section 204
CITY WIDE
0
46,000
0
0
46,000
0
0
46,000
No
Page: 14
Proposed
Accomplishments
2 Households (General)
Run Date:
Run Time:
Project ID /
Local Code
15
1997.015
09/15/97
14:34:57
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Elderly Services Agency -- Small Repair
Program
ESA provides assistance to elderly
households and to persons with disabilities
who are homeowners. The goal of this
program is to enable persons to continue
living in their own homes safely. The Small
Repair Program assists these homeowners
with minor repairs and modifications that
include ramps, accessibility improvements
and deferred maintenance. The average
project costs are approximately $500-$600.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
14A
Rehab; Single-Unit Residential /
570.202
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
28,000
0
0
0
28,000
0
0
28,000
No
Page: 15
Proposed
Accomplishments
45 Elderly
Run Date:
Run Time:
Project ID /
Local Code
16
1997.016
09/15/97
14:34:58
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
City of Iowa City -- Housing Rehabilitation
Program
The City's Housing Rehabilitation Program
provides assistance to owner-occupants in
the areas of comprehensive rehab,
emergency repair, exterior repair,
accessibility and mobile home repair. A
waiting list of eligible households is
maintained by the Rehab Program, between
35-50 households may be on the list at any
given time. A majority of these funds are
used as a loan to the homeowner and will be
repaid to the City for future use.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient: None
Location: CITY WIDE
14A
Rehab; Single-Unit Residential /
570.202
Yes
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG
HOME
ESG
HOPWA
SUBTOTAL:
PHA Funding
Assisted Hsg
TOTAL:
Prior Year Moaey?
373,000
88,000
0
0
461,000
0
0
461,000
No
Page: 16
Proposed
Accomplishments
40 Households (General)
~un Date:
Run Time:
Project ID /
Local Code
17
1997.017
09/15/97
14:34:58
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
City of Iowa City & U of I Burn Center -- Fire
Safety Progra
The City and the U of Iowa Burn Center is
teaming up to develop a Fire Safety
Program for occupants of manufactured
housing units that includes the placement of
smoke detectors and an educational
cornporter. Additional information and a
"live" demostration will be provided by the
City Fire Department.
Helps prevent homelesshess?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient: None
Location: CITY WIDE
14A
Rehab; Single-Unit Residential /
570.202
No
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
CDBG
HOME
ESG
HOPWA
SUBTOTAL:
PHA Funding
Assisted Hsg
TOTAL:
Prior Year Mogey?
6,000
0
0
0
6,000
0
0
6,000
No
Page:
Proposed
Accomplishments
100 Households
(General)
Run Date:
Run Time:
Project ID I
Local Code
18
1997.018
09/15/97
14:34:58
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Meadow Wood Senior Apartments -- Rental
Housing Construbtion
A out-of-state developer is proposing the
development of a 120 unit senior housing
project in west Iowa City. This project will
contain 90 affordable housing units and 30
market rate units. The development has
applied for Low Income Housing Tax Credits
from the State of Iowa. HOME funds will be
used for this project to provide for required
leverage for the tax credits.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
01
Acquisition of Real Property
No
Yes
No
CDBG
HOME
ESG
HOPWA
SUBTOTAL:
PHA Funding
Assisted Hsg
TOTAL:
Prior Year Money?
Subrecipient: None
Location: CT & BG
Johnson County:; CT 4, BG 1
0
11,000
0
0
11,000
0
0
11,000
No
Page:
Proposed
Accomplishments
11 Housing Units
Run Date:
Run Time:
Project ID /
Local Code
19
1997.019
09/15/97
14:34:59
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity CodeFritle/Citation
Funding Sources
Swenson & Associates -- Land Acquisition
Swenson & Associates is proposing to
acquire vacant lots for the construction of
affordable owner-occupied units. The units
will be privately financed and sold to eligible
homebuyers minus the cost of the lots (paid
with CDBG). The City will then have a silent
second mortgage on the properties for the
value of the land.' Should the properties be
sold, in the future, to ineligible households
the City would recover the CDBG
investment.
01
Acquisition of Real Property /
570.201 (a)
CDBG $
HOME $
ESG $
HOPWA $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
Prior Year Money?
2,571
65,667
0
0
68,238
0
0
68,238
No
Page: 19
Proposed
Accomplishments
3 Housing Units
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
CITY WIDE
No
No
No
570.208(a)(3) - LOW/MOD
HOUSING BENEFIT
Run Date:
Run Time:
Project ID I
Local Code
09/15/97
14:34:59
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page: 20
Proposed
Accomplishments
21
1997.021
City of Iowa City -- Program Administration
Helps prevent homelessness?
Helps the homeless?
· Helps those with HIV or AIDS?
CDBG National Objective Citation:
21A
General Program Administration /
570.206
No
No
No
CDBG $
HOME $
ESG $
HOPWA. $
SUBTOTAL: $
PHA Funding $
Assisted Hsg $
TOTAL: $
140,000
55,000
0
0
195,000
0
0
195,000
Subrecipient: None
Location: ADDRESS
Prior Year Money?
No
410 East Washington Street, Iowa City, IA
Run Date:
Run Time:
Project ID /
Local Code
22
1997.O22
09/15/97
14:34:59
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Project Title and Description
Activity Code/Title/Citation
Funding Sources
Unprogrammed Funds for Contingency
These funds will be used to cover unforseen
or emergency expenses incurred by CDBG
or HOME projects.
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
22
Unprogrammed Funds /
No
No
No
CDBG
HOME
ESG '
HOP. WA
SUBTOTAL:
PHA Funding
Assisted Hsg
TOTAL:
Prior Year Moraey?
Subrecipient: None
Location: N/A
95,781
0
0
0
95,781
0
0
95,781
No
Page: 21
Proposed
Accomplishments
Kun uate:
Run Time:
Project ID /
Local Code
09115/97
14:35:00
Project Title and Description
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Activity Code/Title/Citation
Funding Sources
Page:
Proposed
Accomplishments
23
1997.023
Hawkeye Area Community Action Program
(HACAP)-- Emergency Re
HACAP recently discovered faulty stoves in
18 units of transitional housing located at
1926 and 1946 Broadway. The old gas
stoves were leaking unacceptable levels of
carbon monoxide. HACAP requested
$4,886 for emergency replacement of 14
stoves. The Housing and Community
Development Commission (HCDC)
approved the request and recommended the
funds come from the FY98 Contingency
budget.
14B
Rehab; Multi-Unit Residential /
570.202
CDBG
HOME
ESG
HOPWA
SUBTOTAL:
PHA Funding
Assisted Hsg
TOTAL:
Prior Year Moaey?
4,886
0
0
0
4,886
0
0
4,886
No
14 Housing Units
Helps prevent homelessness?
Helps the homeless?
Helps those with HIV or AIDS?
CDBG National Objective Citation:
Subrecipient:
Location:
Non-Section 204
ADDRESS
Yes
No
No
570.208(a)(2) - LOW/MOD LIMITED
CLIENTELE BENEFIT
1926 Broadway, Iowa City, IA
DOLLARS BY HUD CODE IN EACH PROGRAM AREA
S
u
m
o
f
F
u
d
n
o
u
c
e
350000
300000
250000-.
· !
200000 ~-
150000
100000
50000
0
03
03C 03D 03J 05 05D 05H 14A
HUD Code
18A 18C 21A 22 01
HUD COD!:
O1
O3
03C
030
03j
O5
050
05H
14.A
18A
18C
22
PROJECT DESCRIPTION
Acquisition of Real Estate
General Public Facilities
Homeless Facilities (non-operadonal}
Youth Centers
Water\Sewer Improvements
General Public Services
Youth Services
Employmenl: Training
Single Unit Housing Rehabilitation
Economic Development Assistance
Micro-enterprise Training
General Program Administration (CDBG and HOME)
Unprogrammed Funds for C~)r~mgenc¥
SECT/ON IV
Geographic Distribution of Resources
- Map Showing FY98 Project Locations
IV.GEOGRAPHIC DISTRIBUTION OF RESOURCES
As stated and shown in the Consolidated Plan, Iowa City does not have areas of
heavy concentrations of low-moderate income or minorities. A large number of
lower income persons do live in the downtown area, but the housing is mainly
student rentals and does not contain a concentration of lower income families. The
largest group of minorities in Iowa City are generally found in University owned or
sponsored housing, again this population is comprised of students.. Due to these
factors, the City has not discussed or adopted a plan to allocate CDBG or HOME
funds geographically. '
Also, a number of project funded by CDBG and HOME will serve persons living
community-wide and not target specific populations or areas, The City's Housing
Rehabilitation Program serves residents on a city-wide basis and distributes its
resources via individual projects, which may be anywhere within the jurisdiction. All
service programs are based in Iowa City and serve individuals, living city-wide,
according to their needs.
The map in this section of the FY98 Annual Action Plan shows projects that have
been approved for funding (as described in Section III). A number of the projects are
not identified on this map because they are city-wide or a specific location has not
yet been identified.
MAP I
FY98 PROJECT LOCATIONS*
Project Number
1
2
3
4
6
7
21
Project Name
Micro-enterprise Training: Institute for Social & Economic Dev,
Business Expansion: Heartland Candleworks
Micro-enterprise Training: Small Business Development Center
Site, Acquisition: Crisis Center
Shelter Rehab: Emergency Housing Project
Shelter Rehab: United Action for Youth
Program Administration: City of Iowa City
"NOTE: Many projects serve persons living community-wide so no project location
is indicated on this map. In addition, some other projects that involve the
acquisition of real property may not have locations identified at the time of
submission of this document. Persons wishing additional information on projects
using federal funds are encouraged to contact the Community Development Division
at 356-5230.
$,~'T/ON V FY98 Annual Action Plan Narrative
V. FY98 ANNUAL ACTION PLAN
The following is a breakdown of the federal resources the City of Iowa City expects
to have available for use in the community. All of these funds, with the exception
of the Emergency Shelter Grant funds, are allocated by the City to projects within
the community.
FISCAL YEAR 1998 (July 1, 1997 to June 30, 1998) RESOURCES
Federal Resources
FY98 Community Development Block Grant Entitlement
FY98 HOME Investment Partnership Allocation
FY97 Program Income (previously unallocated)
FY98 Estimated Program Income
FY97 Unprogrammed Funds\Contingency
TOTAL RESOURCES
971,000
552,000
20,000
30,000
140,000
¢1,713,000
FY98 Emergency Shelter Grant Funds (from State of Iowa) ¢58,000 est.
Other Available Resources
Local resources, state funds, volunteers and in-kind donations will be leveraged by
individual projects. According to the applications we estimate that ¢5,800,000 in
non-federal resources will be leveraged by the projects. In addition, municipal
resources such as general fund expenditures, infrastructure improvements and tax
exemptions will be used to meet the City's HOME match liability.
Actual leverage and match figures will depend on the outcomes of many of the
projects proposed in this plan. Final figures will be available at the end of the fiscal
year and contained within the Grantee Performance Report, HOME Annual
Performance Report, and CHAS Annual Performance Report.
Private banks and institutions are often the most significant providers of capital to
CDBG and HOME projects. As such, the City and local organizations have been
working with these lenders to promote the goals and objectives of Iowa City's
Consolidated Plan (a.k.a. CITY STEPS). There are eight banks and several mortgage
lenders in Iowa City ,that invest in the community. In meeting their federal
requirements, to invest locally, the area financial institutions have dedicated sizable
amounts of money to low-moderate income borrowers. The programs most often
associated with housing assistance are as follows:
Mortgage Credit Certificate (MCC) Program
Iowa Housing Assistance Program (IHAP)
Community Home Buyer
Federal Home Loan Bank (Affordable Housing & Community Investment)
In addition, foundations and local businesses play a role in the development of
housing and economic well-being by leveraging federal funds. The following
organizations are identified as resources or as contributing to FY98 projects:
VISTA
University of Iowa
Variety Club of Iowa
Newman's Own
Carver Charitable Trust
MidAmerican Energy Foundation
General Mills Foundation
Iowa State Bank
Iowa City Pilot Club
United Way
Finally, Iowa City's financial institutions also contribute to economic development
projects in the community through such programs as the Self-Employment Fund of
Iowa, The State of Iowa Link Deposit Loan Program, the Iowa Department of
Economic Development, Linked Investment for Tomorrow Loans, and Small Business
Administration loans.
HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES
Over the course of FY98, human service agencies and the City are planning to
undertake a number of activities (funded with CDBG and non-CDBG funded) that are
designed to meet the needs of homeless and non-homeless special needs
populations.
Emergency Shelter' Needs
The needs of this population are numerous, however, the human service
organizations in Iowa City do a remarkable job in providing for these needs. To
assist these organizations, the City utilizes the maximum amount of CDBG funds
possible for public services. In addition, the City commits approximately 8300,000
annually from the City General Fund budget for the operation of human service
organizations.
In FY98, the CDBG program will fund two capital projects and several supportive
service type projects. The largest of these projects will be the acquisition and
rehabilitation of a site for the Crisis Center (t~200,000). Due to the increased
demand for services the Crisis Center is in need of a larger, more efficient space.
The second capital project, much smaller in scope, will be the refinishing of floors at
the Emergency Housing Project. Supportive service projects funded include the
Furniture Project, job training through the Promise Jobs\Quality Jobs program, youth
leadership and operational funding to 14 human service organizations through the
City's Aid to Agencies budget.
Emergency Shelter Grants will be made available to local organizations by the State
of Iowa. To date, the amount of funding and the organizations funded have not
been announced. Typically, there the three emergency shelters (Youth Homes,
Emergency Housing Project, and Domestic Violence Intervention Program) have been
funded. We anticipate that Hawkeye Area Community Action Program and Greater
Iowa City Housing Fellowship will also receive funding. FY97 funding amounted to
approximately 863,000, however, this year there has been some discussion of a cut
in Emergency Shelter G, rant funds. Also, these organizations have applied for and
expect to receive assistance frorh the State of Iowa through the State's Homeless
Shelter Operations Grant Program and State administered FEMA. These funds are
necessary for the operation of the emergency shelters, if these funds are cut, the
programs will be negatively impacted.
Transitional Housing Needs
To complete the City's continuum of care the City has supported the creation of
Single Room Occupancy (SRO) housing with supportive services. Last year a nine
unit rooming house was undertaken by a local for-profit. Due to the success of this
project another SRO project is being planned by the City and the same for-profit.
One of the main components of these projects is the inclusion of supportive
services. To date, these services have been provided by the Emergency Housing
Project's Early Bird program. The Early Bird program has been expanded, and
funded, to include eligible individuals living city-wide who are in need of assistance
to succeed in transitional housing situations.
Again this year, the Domestic Violence Intervention Program is using CDBG funds to
help operate the Furniture Project. This activity involves the collection and
distribution of usable furniture to low-moderate income persons (most of whom are
coming out of a homeless shelter). The goal for this project is to assist 400 persons
by distributing 400 pieces of furniture.
Homeless Prevention
In FY98, CDBG and HOME funded activities will address the prevention of
homelessness, though indirectly. The United Action for Youth and the Crisis Center
provide services that will help persons from becoming homeless through intervention
and nutrition assistance. Emergency Housing Project's Early Bird program will also
help prevent homelessness by providing case management. Additionally, a number
of the agencies funded via the Aid to Agencies budg'et, as a matter of their purpose
or mission, provide prevention services to low-moderate income people.
The City will continue its owner-occupied Housing Rehab Program which provides
comprehensive rehabilitation, exterior repair, emergency repair, residential
accessibility and manufactured home repair services to low-moderate income home
owners. By assisting these owners, and fixing up the existing affordable housing
stock, this project helps people remain in their homes.
Non-Homeless Special Needs Populations
Elderly Services Agency is continuing to operate the Small Repair Program that
provides minor rehab services to non-homeless elderly and persons with disabilities.
This agency also provides services such as Shared Housing, Chore Services, and
Outreach and Referral. Also, a number of the agencies funded via the Aid to
Agencies budget, as a matter of their purpose or mission, will provide services to
low-moderate income I~eople.
The City will be funding a number of affordable housing projects, both rental and
owner-occupied, that will be available to persons with special needs.
Other Actions
The City has been involved with numerous community development activities.
Recently, the City sponsored a "Community Housing Forum" The Community
Housing Forum was designed to obtain input from citizens so that a formal housing
strategy could be developed for the City Council. Panelists, ranging from local
lenders to University of Iowa officials, each provided information on the
community's housing market and housing needs to over 100 attendees. From this
initial meeting three subcommittees were formed to address the hundreds of issues
and ideas presented at the Community Housing Forum. The three subcommittees
are 1) Financial Mechanisms; 2) Development and Regulatory Measures; and 3)
Target Groups and Goal Setting. These subcommittees have been meeting
throughout the year and will be jointly developing a housing strategy for
presentation to the City Council.
Another housing related activity currently being pursued will concentrate on housing
market research. The City is working on a Request For Proposals that will be used
to solicit private firms interested in providing consulting services. The housing
analysis sought will focus on existing market conditions, inventory, market trends,
and forecasting. We are hoping with the completion of this housing market analysis
the information will enable the City to better utilize federal, state, and local
resources. This should provide the community with a basis and direction, for
housing activities, for the next 5-10 years.
Upon the completion of these activities, discussions between citizen groups, the
Housing and Community Development Commission, staff and the City Council will
be held to evaluate the City's housing policies and needs.
PROGRAM SPECIFIC REQUIREMENTS
A. Community Development Block Grant (CDBG)
Activities to be undertaken in FY98 with CDBG funds are
described in Section Ill on the pages entitled:
U.S. Department of Housing and Urban Development
CPD Consolidated Plan System
Listing of Proposed Projects
Th.e available CDBG and HOME resources from all funds are
listed in Section II of this document.
No CDBG activities are being undertaken, with the funds
outlined herein, in FY98 that meet the "Urgent Need"
national objective.
4. (See #1 above)
B. HOME Investment Partnership Program
HOME funds are being invested in forms allowed under
24 CFR 92.205(b).
HOME funds used for assistance to Homebuyers will be
recaptured by 100% (whenever possible) if the home is
sold prior to the ter.mination of the mandated affordability
period. A property lien will be placed on these units to
legally insure repayment.
CITIZEN PARTICIPATION PROCESS FOR THE FY98 ANNUAL ACTION PLAN
Throughout the year the Housing and Community Development Commission (HCDC)
holds public meetings to oversee the operation of the Community Development
Division and the Iowa City Housing Authority, monitor CDBG and HOME projects,
and listen to public input into these and other programs.
The process of reviewing the Consolidated Plan (CITY STEPS) began on June 13,
1996, with HCDC's review of the goals, strategies and priorities. HCDC did not
have any suggestions for change nor did any members of the public attend to make
comments.
The next step in the process was to conduct a large public meeting. As part of the
Community Housing Forum, staff recorded issues and ideas from the public
(approximately 100 people attended this meeting). No changes to the CITY STEPS
plan were requested or advocated at this time. Subcommittees from the
Community Housing Forum will be working on drafting housing strategies for
presentation to the City Council. After Council discussion and public hearings,
suggestions for changes to CITY STEPS may be made. Incorporation of changes, if
needed, will occur through HCDC and a public process in the fall of 1997.
Numerous meetings for the preparation of the FY98 Annual Action Plan have been
held by HCDC and the City Council. The public has been invited to participate in
these meetings and efforts were made to encourage and increase citizen
participation. The following is a chronology of the events, meeting, public hearings
and actions taken in relation to the approval of the FY98 Annual Action Plan.
June 6, 1996
June 13, 1996
August 23, 1996
August 23, 1996
August 23, 1996
Sept. 5, 1996
Sept. 6, 1996
Sept. 10, 1996
Sept. 12, 1996
Sept. 18, 1996
Sept. 24, 1996
October, 1996
October 17, 1996
October 23, 1996
Nov. 21, 1996
Dec. 19, 1996
Jan. 3, 1997
Jan. 6, 1997
Feb. 5, 1997
Feb. 18, 1997
Feb. 19, 1997
Feb. 20, 1997
March 5, 1997
March 6, 1996
March 7, 1997
March 7, 1997
March, 1997
March 18, 1997
March 24, 1997
March 29, 1997
April 7, 1997
April 8, 1997
April 10, 1997
H(~DC agend'as posted regarding review of CITY S-i'EPS
HCDC meeting: discuss goals, strategies and priorities
Public Comment Notice appears in Press-Citizen
30 day comment period opens on FY96 performance reports
Copies of CITY STEPS and performance reports available
HCDC agenda posted regarding annual performance reports
Notice of opportunity to comment on CITY STEPS performance
distributed to the public library, civic center, and media packets
City Council sets a public hearing on performance reports
HCDC meeting: review performance reports for CITY STEPS
Legal notice on Public Hearing appears in Press-Citizen
Council: public hearing on CITY STEPS and FY96 performance
Community Housing Forum is planned
Notices of the meeting are distributed to media outlets, etc.
Over 200 invitations are mailed to interested parties
Public notices are on cable TV, at the library, flyers are posted
HCDC meeting: discussion of ranking criteria for FY98 projects
Community Housing Forum is held (over 100 persons)
HCDC meeting: continued discussion of ranking criteria
HCDC meeting: finalize ranking criteria and application forms
Press release on availability of FY98 CDBG and HOME funds
FY98 Applications available to the public
FY98 CDBG and HOME applications due
HCDC meeting: round 1 of CDBG\HOME presentations
HCDC meeting: round 2 of CDBG\HOME presentations
HCDC meeting: round 3 of CDBG\HOME presentations
HCDC meeting: applications are discussed and ranking starts
HCDC meeting: rankings announced and draft budget prepared
Press release on proposed FY98 CDBG\HOME allocations
Legal notice: Press-Citizen re: 30 day comment period (budget)
Press-Citizen news story on proposed allocations
City Council: sets public hearing on FY98 CDBG\HOME budget
Public Hearing Notice: published in Press-Citizen - FY98 budget
Display Ad: published in Press-Citizen showing FY98 budget
City Council: informal work session with HCDC
City Council: public hearing regarding proposed FY98 budget
Start 30 day comment period on FY98 Annual Action Plan
April 10, 1997
April 17, 1997
April 22, 1997
April 29, 1997
May 5, 1997
May 6, 1996
May 6, 1997
May 9, 1997
May 12, 1997
July 1, 1997
HCDC agenda: posting of discussion - FY98 annual action plan
HCDC meeting: discuss FY98 Annual Action Plan "draft"
City Council: sets public hearing on FY98 Annual Action Plan
Public Hearing Notice: published in Press-Citizen - Action Plan
City Council: informal work session regarding FY98 budget
City Council: public hearing on FY98 Annual Action Plan
City Council: resolution approving FY98 Annual Action Plan
Expiration 30 day comment period on FY98 Annual Action Plan
FY98 Annual Action Plan submitted to HUD
Start FY98 Projects
August 14, 1997
August 21, 1997
Sept. 4, 1997
Sept. 5, 1997
Sept. 22, 1997
Sept. 23, 1997
Sept. 30, 1997
Notice of FY98 Budget Amendments Posted (HCDC Agenda)
HCDC make's recommendations on FY98 Budget Amendments
City Council: Memo from CD Division on FY98 Budget Changes
Notification of Budget Amendments to press (council packets)
City Council: worksession (if any discussion on changes)
City Council: Approve FY98 Budget Amendments
Submission of Amended FY98 Annual Action Plan to HUD
Performance Assessment
In response to the Consolidated Plan requirements, the City held public meetings
and hearings to receive comments on the FY96 Annual Action Plan performance and
any changes needed within the Consolidated Plan framework (see meeting notices
and dates above). Three performance reports were published and made available to
the public. These performance reports included the CDBG Grantee Performance
Report, the HOME Annual Performance Report and the CHAS Annual Performance
Report. No public comments on the performance. reports were received, nor were
there changes or amendments suggested for the Consolidated Plan.
In addition to these activities, HCDC members are responsible for monitoring
projects throughout the course of the year and make monthly reports to the full
Commission. This monitoring helps the Commission to become familiar with
projects and to assess the on-going performance of individual CDBG and HOME
projects.
AMENDMENTS TO THE CONSOLIDATED PLAN
There were no changes or amendments to the Consolidated Plan suggested or
requested by the City Council, HCDC, staff or members of the public.
SECTION V! Certifications for FY98 CDBG and HOME Programs
In accordance with the applicable mtacuces and the regulations governing the
consolidated plan regulations. the Jurisdiction certifies chat:
A~giz~a~ivelF Pureher Fair Nousing -- The jurisdiction will affirma=lvely
further fair housing, which means it will conduct an analysis of impediments
to fair housing choice within the jurisdiction, take appropriate actions to
overcome the effects of any impediments identified through that analysis, and
maintain records reflecting that analysis and actions in this regard.
AnCi-d£eplacemenC and Relocacion Plan -- [t will comply with the acquisition
and relocation requirements of the Uniform Reloca=ion Assistance and Real
Property Acquisition Policies Act of 1970, as amended, and implementing
regulations at 49 CFR 24; and it has in effect and is following a residential
anti-displacement and relocation assistance plan required under section 104 (d)
of the Housing and Community Development Act of 1974, as amended, in
con~ection wi=h any activity assisted with funding under 2he CDBG or HOME
programs.
Drug Free Work, lace -- It will or will continue co provide a drug-free
workplace by:
Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
con=rolled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken agains~ employees for
violation of such prohibition;
Establishing an ongoing drug-free awareness program to inform employees
abou~ -
(a)
(b)
(c)
(d)
The dangers of drug abuse in the workplace;
The grantee's policy of maintaining a drug-free workplace;
· Any available drug counseling, rehabilitation, and employee
assiscance programs; and
The penalties that may be imposed upon employees for drug abuse
violations occurring in =he workplace;
3 o
Making it a requirement that each employee to be engaged in =he
performance of the grant be given a copy of the statement required by
paragraph 1;
Notifying the employee in the statement required by paragraph 1 ~hat, as
a condition of employment under =he grant, =he employee will -
(a) Abide by .the terms of the statement; and
(b)
Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later ~han five calendar days after such conviction;
Notifying the agency in writing, within ten calendar days after
receiving no=ice under subparagraph 4(b) from an employee or
otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide no=ice, including position
title, ~o every granu officer or other designee on whose grant
activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of
each affected grant;
6 0
Taking o~e of the following actions, within 30 calendar days of
receiving notice under subparagraph 4(b), with respect to any
employee who is so convicted
personnel action aga£ne~ such an emp~oyea,
Ac~ o~ ~73, as amended; or "
(b)
Requir£ng such employee to part£cipa=e sat£sfac=orily in a drug
abuse ass£s=ance or rehab£1£tation program approved for such
purposes by a Federal, State, or local health, law enforcement. Or
other appropr£ate agency;
Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1, 2, 3, 4, 5 and 6.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, :he making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendmenT, or modification of any Federal con:rac:, gran~, loan, or
cooperative agreement;
If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-
lobbyiag certification be included in the award documents for ~11
subawards at all tiers (including subcontracts, subgrants, and con:racts
under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State
and local law (as applicable) and the jurisdiction possesses the legal
authority to carry out the programs for which it is seeking funding, in
accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG,
HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 o- It will comply with section 3 of the ~{ousing and Urban
<Developomen= Act of 1968, and implementing regulations at 24 CFR Part 135.
Si~nat u~Autho~ed Official Date
/ CiTy Manager
/ Title
Pa=tict~atien -- It is £n full compliance and following a detailed
participation plan =hA= satisfies the requirements of
C~unity Development Plan -- Its consolidated housing and community
development plan identifies coxunity development and housing needs and
specifies bo~h shor~-term and long-term community developmen~ objectives that
provide decent housing, expand economic opportunities primarily for persons of
low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a curren~ consolidated plan (or
Comprehensive Housing Affordability Strategy) =ha= has been approved by HL~.
Use of ~und~ -- I= has complie~ with the following criteria:
Maximum Feasible Priority. With respect to activities expected to be
assisted wi~h CDBG funds, it certifies that it has developed its Action
Plan so as to give maximum feasible priority to activities which benefit
low and moderate income families or aid in the prevention or elimination
of slums or blight. The Action Plan may also include activities which
the grantee certifies are designed to meet other community development
needs having a particular urgency because existing conditions pose a
serious and immediaze threat to the health or welfare of the co~ununity,
and other financial resources are no= available);
2 0
Overall Benefit. The aggregate use of CDBG funds including section 108
guaranteed loans during pro>gram year(s) 199! (a period specified b~ the
grantee consisting of one, two, or ~hree specific'consecutive program
years), shall principally benefit persons of low and moderate income in
a manner that ensures that at least 70 percent of the amount is expended
for ac:ivities that benefit such persons during the designated period;
3 o
Special Assessments. It will not attempt to recover any capital costs
of public improvements assisted with CDBG funds including Section 108
loan guaranteed funds by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any'fee
charged or assessment made as a condition of obtaining access to such
public improvements.
However, if CDBG funds are used to pay the proportion of a fee or
assessment that relates to the capital costs of public improvements
(assisted in part with CDBG funds) financed from other revenue sources,
an assessment or charge may be made against the property wizh respec~ to
the public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital cosus of public
improvements assisted with CDBG funds, including Section 108, unless
CDBG funds are used to pay the proportion of fee or assessment
attributable ~o the capital costs of public improvements financed from
other revenue sources. In this case, an assessment or charge may be made
against the property wi~h respect co the public improvements financed by
a source other than CDBG funds. Also, in the case of properties ow7%ed
and occupied by moderate-income (not low-income) families, an assessment
or charge may be made against the property for public improvements
financed by a source other than CDBG funds if che jurisdiction cercifies
t~at ic lacks CDBG funds to cover the assessment.
Hxce~sive ~orcm -- It has adopted and i~ enforcing:
A policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations: and
subject o~ such nonovtolent c~vtl rights demonstrations wlchln ice
¢o~limaae g~Ch AnC~-~oorhs/naC~on law~ -- The 9ran~ will b~ conducted and
administered in con~ormit¥ with title VI of the Civil Rights Act of 196% (42
USC 2000d), the Fait Housing Act (42 USC 3601-3619), and implementing
regul&tion~.
Lead-Bmmed Paint -- Its notification, inspection, tescing and abatemenU
procedures concerning lead-based paint will comply with =he requirements of 24
CFR §570.608;
Com~l£ance wi~h Laws -- It will comply with applicable laws.
~' Signa ial
City ManaEer
Title
biay 6, i997
Da~e
Tenant ~ased Rental A~siaCance -- If the participating ~uriediction intends to
provide tenant-based rental assistance:
The use of HOME fundo for tenant-based rental assistance is an essential
element of =he pa==icip&=ing Juriodiction'o consolidated plan for
expanding the supply, &~fordabili=y, and availability o~ decent, safe,
sanitary, and &f~ordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for
eligible act£vicies and costs, as described in 24 CFR § 92.205 through 92.209.
and =hat i= is no= using and will. no= use HOME funds for prohibited
activities, as described in § 92.214.
Appropriate Winantis1 A~s~J=~nce -- before comicting any funds to a project,
it will evaluate the project in accordance with the guidelines that i~ adopts
for this purpose and will not invest a~y more HOME funds in combination with
other Federal assistance than is necessar~ to provide affordable housing;
May 6, 1997
Date
City Manager
Ti=le
APP~3~D~X TO C~RTIFICATIONS
ZNSTRUCTIONS CONCE~NINO r,OBBY~NG AND DRUG-FREE WORKPLACE REQUIR~I~4TS:
A. I~Obbying Certification
This certification is a material representation of fac~ upon which
tellance was placed when this transaction was made or entered
into. Submission of =his certification is a prerequisite for
ramking or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$100000 and not more than $100,000 for each such failure.
B. Druq-Free WorkDlaqe Certification
By signing and/or submitcing this application or grant
agreement, the grantee is providing the certification.
The certification is a material representation of fact upon
which reliance is placed when the agency awards the grant.
If it is later determined that the grantee knowingly
rendered a false certification, or otherwise violates the
recruirements of the Drug-Free Workplace Act, HI/D, in
addition to any other remedies available to the Federal
Government, may take action authorized under the Drug-Free
Workplace Act.
For grantees other than individuals, Alternate
applies. (This is the information to which
jurisdictions certify).
For grantees who are individuals, Alternate II
applies. (Not applicable jurisdictions.)
Workplaces under grants, for grantees other than
individuals, need not be identified on the
certification. If known, they may be identified in
the grant application. If the grantee does not
identify the workplaces at the time of application, or
upon award, if there is no application, the grantee
must keep the identity of the workplace(s) on file in
its office and make =he information available for
Federal inspection. Failure to identify all known
workplaces constitutes a violation of the grantee's
drug-free workplace requirements.
6 o
Workplace identifications must include the actual
address of buildings (or parts of buildings) or other
sites where work under the grant takes place.
Categorical descriptions may be used (e.g., all
vehicles of a mass ~ransit authority or State highway
department while in operation, S~ate employees in each
local unemployment office, performers in concert halls
or radio stations).
rf the workplace identified to the agency changes
during the performance of the grant, =he gran~ee shal~
inform the agency of the change{s), if i= previously
identified the workplaces in question (see paragraph
five).
The. grantee may insert in the space provided below the site(a) for
the performance of work done in connection with the specific
grant:
ot~ Pe~ot"mance (..qtreet ~dd~e~s, city. county, .~&~e, ~p code)
Civic
o~a Cf~y, [A 5~40
Check if there are workplaces on file that are not identified
here; The certification with regard to the drug-free workq~lace required
by 24 CFR part 24, subpart F.
Definitions of terms in the Nonprocurement Suspension
and Debarment common' rule and Drug-Free Workplace
common rule apply to this certification. Grantees'
attention is called, in particular, to the following
definitions from these rules:
"Controlled substance" means a controlled substance in
Schedules I through V of the Controlled Substances Act
(21 U.S.C.812) and as further defined by regulation
(21 CFR 1308.11 through 1308.15);
"Conviction" means a finding of 9uilt (including a
plea of nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the
responsibility to determine violations of the Federal
or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal
criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any
controlled substance;
"Employee" means the employee of a grantee directly
engaged in the performance of work under a grant,
including: (i) All "direct charge" employees; (ii) all
"indirect charge" employees unless their impact or
involvement is insignificant to the performance of the
grant; and (iii) temporary personnel and consultants
who are directly engaged in the performance of work
under the grant and who are on the grantee's payroll.
This definition does not include workers not on the
payroll of the grantee (e.g., volunteers, even if used
to meet a matching requirement; consultants or
independent con~ractors not on the grantee's payroll;
or employees of subrecipients or subcontractors in
covered workplaces).
Prepared by: Steven Long, Community Development, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356~5250
RESOLUTION NO. 97-329
RESOLUTION ADOPTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM
ALLOCATION FOR HABITAT FOR HUMANITY WITHIN THE AMENI)ED FY98 ANNUAL
ACTION PLAN, WHICH IS PART OF THE CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, Resolution No. 97-328 adopts the Amended FY98 Annual Action Plan but excepts
therefrom the HOME Investment Partnerships Program (HOME) allocation for Habitat for Humanity which is a
part of the plan; and
WHEREAS, the City Council finds that the adoption of said HOME allocation to Habitat for Humanity is an
essential part of the plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
The City of Iowa City hereby adopts the HOME funding for Habitat for Humanity as part of the
Amended FY98 Annual Action Plan.
Passed and approved this 23rd day of September
, 1997.
MAYOR
A~..~_.)_ove d by
City Attorney's Office
-47
It was moved by
upon roll call there were:
AYES:
X
X
X
X
X
X
ppdcdbg~habtres.wp5
Lehman
NAYS:
and seconded by
ABSENT:
ThornhPrry the Resolution be adopted, and
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Steve Long, Community Develop., City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 319-356-5250
RESOLUTION NO. 97-330
RESOLUTION ADOPTING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR HAWKEYE AREA COMMUNITY
ACTION PROGRAM (HACAP) WITHIN THE AMENDED FY98 ANNUAL ACTION
PLAN, WHICH IS PART OF THE CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, Resolution No. 97-328 adopts the Amended FY98 Annual Action Plan but
excepts therefrom the Community Development Block Grant (CDBG) allocation for HACAP which
is a part of the plan; and
WHEREAS, the City Council finds that the adoption of said CDBG allocation to HACAP is an
essential part of the plan; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City of Iowa City hereby adopts the CDBG funding for HACAP as part of the Amended
FY98 Annual Action Plan.
Passed and approved this 23r-d day of September'
,1997.
ATTEST: /~<~,.~_~ CITY-CLERK
MAYOR /d/~~ ¢¢_//~
A/~oved by
City Attomey's Office
It was moved by Nor'ton
adopted, and upon roll call there were:
and seconded by Baker
AYES: NAYS: ABSENT:
ppdcdbg~'esNhacap.doc
X
X
X
X
' X
the Resolution be
ABSTAIN:
Baker
Kubby
Lehman
Norton
Novick
..Thomberry
'Vanderhoef
Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 97-331
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO A'I'rEST CONTRACT FOR THE CONSTRUCTION OF
THE SHAMROCK/ARBOR CULVERT ENTRANCE IMPROVEMENT PROJECT.
WHEREAS, Peterson Contractors Inc. of Reinbeck, Iowa, has submitted the lowest responsible
bid of $91,666 for the construction of the above-named project.
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
That the contract for the construction of the above-named project is hereby awarded to
Peterson Contractors Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 23r'd day of September'
,1997.
It was moved by Kubb.y
adopted, and upon roll call there were:
AYES:
City Attorney's Office
X
X
X
X
x
X
X
pweng\res\shamroc3.doc
and seconded by Nor'ton
NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
NoVon
Novick
ThornberN
Vanderhoef
ADVERTISEMENT FOR BIDS
SHAMROCK/ARBOR CULVERT ENTRANCE
IMPROVEMENT PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 16th day of September, 1997, and
shall be received in the City Clerk's office no later
than said date and time. Sealed proposals will
be opened immediately thereafter by the City
Engineer or approved other. Bids submitted by
fax machine shall not be deemed a "sealed bid"
for purposes of this Project. Proposals will be
acted upon by the City Council at a meeting to
be held in the Council Chambers at 7:00 P.M. on
the 23rd day of September, 1997, or at such later
time and place as may then be scheduled.
The Project will involve the following:
164 cy of reno mattresses and gabion bas-
kets, 3800 sf of geotextile, 1164 sf of grass
pavers, and related site work. This project will
also include the cleaning of the entire length
of the culvert (approximately 490 feet).
All work is to be done in strict compliance with
the plans and specifications prepared by the Iowa
City Engineering Division which have heretofore
been approved by the City Council, and are on
file for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insuring the faithful performance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
days until a contract is awarded, or until rejection
is made. Other bid bonds will be returned after
the canvass and tabulation of bids is completed
and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
AF-1
the prompt payment of all materials and labor,
and also protect and save harmless the City from
all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of two (2)
year(s) from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 25
Specified Start Date: October 6, 1997
Liquidated Damages: $150 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Iowa City Public
Works/Engineering Department Office by bona
fide bidders.
A $20 non-refundable fee is required for each
set of plans and specifications provided to bid-
ders or other interested persons. The fee shall
be in the form of a check, made payable to City
of Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be ob-
tained from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with re-
spect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-2
Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044
RESOLUTION NO. 97-332
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE RENOVATION OF THE
HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) SYSTEM AT THE
IOWA CITY/JOHNSON COUNTY SENIOR CENTER.
WHEREAS, Quint Co., Inc. of Rock Island, Illinois, has submitted the lowest responsible bid of
$118,910 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
That the contract for the construction of the above-named project is hereby awarded to
Quint Co., Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 23rd day of SeptP. mb~'
,1997.
CIT~ CLERK
City Attorney's Office
MAYOR
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Vandprhoef
the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng\res~srctr.doc
ADVERTISEMENT FOR BIDS
IOWA CITY/JOHNSON COUNTY SENIOR
CENTER HVAC RENOVATION
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 16th day of September, 1997, and
shall be received in the City Clerk's office no later
than said date and time. Sealed proposals will
be opened immediately thereafter by the City
Engineer. Bids submitted by fax machine shall
not be deemed a "sealed bid" for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Council
Chambers at 7:00 P.M. on the 23th day of Septe-
mber, 1997, or at such later time and place as
may then be scheduled.
The Project will involve the following:
Repair and reconstruction of the Senior
Center Heating, Ventilating and Air Con-
ditioning (HVAC) System and the installa-
tion of a Direct Digital Control (DDC)
system to address uneven heating, cool-
ing and HVAC control problems preva-
lent throughout the building.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company which have heretofore been
approved by the City Council, and are on file for
public examination in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable
to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forfeited to the City of
Iowa City in the event the successful bidder fails
to enter into a contract within ten (10) calendar
days and post bond satisfactory to the City
insuring the faithful pedormance of the contract
and maintenance of said Project, if required,
pursuant to the provisions of this notice and the
other contract documents. Bid bonds of the
lowest two or more bidders may be retained for
a period of not to exceed fifteen (15) calendar
d'ays until a contract is awarded, or until rejection
is made. Other bid bonds will be returned after
the canvass and tabulation of bids is completed
and reported to the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hun-
dred percent (100%) of the contract price, said
bond to be issued by a responsible surety ap-
proved by the City Council, and shall guarantee
the prompt payment of all materials and labor,
AF-1
and also protect and save harmless the City from
all claims and damages of any kind caused
directly or indirectly by the operation of the
contract, and shall also guarantee the mainte-
nance of the improvement for a period of two (2)
year(s) from and after its completion and formal
acceptance by the City.
The following limitations shall apply to this
Project:
Working Days: 35
Specified Start Date: October 1, 1997
Liquidated Damages: $100.00 per day
The plans, specifications and proposed con-
tract documents may be examined at the office of
the City Clerk. Copies of said plans and specifi-
cations and form of proposa. I blanks may be
secured at the Office of Howard R. Green Comp-
any by bona fide bidders.
A $25.00 refundable (provided plans and specs
are returned in good condition within 30 days of
bid date) fee is required for each set of plans and
specifications provided to bidders or other inter-
ested persons. The fee shall be in the form of a
check, made payable to Howard R. Green Com-
pany.
ProspectiVe bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be ob-
tained from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with re-
spect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
pweng~senior\renov.afb
AF-2
Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 97-333
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF
TRANSPORTATION FOR USE OF CITY STREETS AND INSTITUTIONAL
ROADS AS A DETOUR AS PART OF THE WOOLF AVENUE BRIDGE
RECONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa
Department of Transportation, a copy of said agreement being attached to this resolution and
by this reference made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement for
the use of City streets and institutional roads as detours with the Iowa Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Council finds the attached Agreement and its Addendum to be in the public
interest, and said agreement is hereby approved as to form and content.
The Mayor and City Clerk are hereby directed to execute the attached Agreement and
its Addendum.
Passed and approved this 23rd day of September
,1997.
CIT~X-CLERK
pweng\res\woolfdet.wp5
MAYOR
City Attorney's Office
Resolution No.
Page 2
97-333
It was moved by Norton and seconded by
adopted, and upon roll calltherewere:
Vander'hoer the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
TENTATIVE SCHE. DULE
WOOLF AVENUE BRIDGE RECONSTRUCTION
CITY OF IOWA CITY
The project includes replacement of the existing bridge and reconstruction of
the existing roadway from Newton Road to Bayard Street. The bridge will be
closed to vehicular traffic during construction. However, a temporary
pedestrian bridge will be constructed adjacent to the bridge construction.
Roadway work will be done in halves to allow local access. It is expected
bridge construction will take 6 to 8 months. Roadway construction will take
2 to 3 months and will be timed to coincide with completion of the bridge.
Target IDOT letting date:
December 12, 1997
Probable bridge starting date:
Late January, 1998
Probable Roadway starting date:
Late May, 1998
Probable completion date:
August - September, 1998
ANTICIPATED U.S. HIGHWAY 6 CLOSURE SCI-IEDULE
TASK
Set pedestrian bridge
Remove existing stringers over highway
Set falsework stringers over highway
Pour deck
Remove falsework over highway
TIME
Early Feb.
Mid. Feb.
Early April
Mid May
Mid June
DURATION
I day
I day
2 days
2 days
3 days
Closures will not be allowed during U.I. basketball games
graduation days.
foo~bal~ game. s, or
Addendum to Agreement to Use
City of Iowa City Streets and Institutional Roads as a Detour
1. No compensable damages to the Iowa D.O.T. for use of the Detour
Route.
2. The City will maintain the Detour Route.
3. The City will furnish, place, and maintain the signs.
4. The City agrees to obtain authorization from the University of Iowa for
use of institutional roads for detour use.
SEE DETAIL 'B'
CnNSTRUCTIDN SITE
SEE DETAIL 'A'
HWY 6 - HAWKINS DR.
DETOUR
ROUTE
SEE DETAIL
HAWKINS DR. -
MELROSE AVE.
_/ DETOUR UAP
lJJJlJJ.c' IOWA CITY, IOWA
ROAD CLOSED
SEE/'2ETAI[, 'D'
MEL~DSE AVE -
GRAND AVE. -
HW~ 6
DETAIL 'A'
HWY 6 - HAWKINS DR.
NOTE, CLaSURES WILL NaT ]BE ALLOt/Eli
TYPE II!
BARRICAnES
AND 50' OF ORANGE SAFETY
DETAIL 'B'
CONSTRUCTION SITE
TRAFFIC 00NTFIOL- HWY. 8 CLOSURE
190' x 28' CONTINUOUS
CONCRETE SLAB BRIDGE
WOOLF AVENUE OVERPASS
CITY OF IOWA CITY
I 4~
TRAFFIC
SIGN SIZE
PANEL
o~;o~ $0x30
i h~o~ 6Ox~O
!~1~111 .... IOWA
CONTROL SIGN TABULATION
NO. REQUIRED
143
4
RIGHT
2
2
I RIGHT
CITY, IOWA
HAWKINS
DETAIL 'C' ~
DR. - MELROSE AVE.
DETAIL 'D'
MELROSE AVE. -
GRAND AVE. -
HWY 6
~] CLOSEDJ
OF V,AJ~SPJ
CLOSED
l]F
TRAFFIC ONLY
TRAFFIC CONTROL - HWY. 6 CLOSURE
190' x 28' CONTINUOUS
CONCRETE SLAB BRIDGE
INTEGRAL ADUTMENTS PILE bENT PIERS
OVER U.S. HIGHWAY 6 OVER CRANDIC R.R.
<:TATInN EO+00 ,~(£V 7,G~" L,A,
WOOLF AVENUE OVERPASS
CITY OF IOWA CITY
~'C'IBRM_5715(4)__8N_52 t '"'~ t '~,~ I '~k,,~ I ~' I
Iowa Departs]lent of Transportation
). Box 427, Iowa City, Iowa 52244 Telephoi~e #319-351-8818
City of Iowa City Engineering
Attention: Dennis Gannon
410 East Washington Street
Iowa city, Iowa 52240
Dear Mr. Gannon,
Date: January 06, 1998
Ref. No. 640
Johnson County
Please find enclosed copy of the approved Temporary Closure and
Establishment of Detour Route for the Woolf Avenue Bridge
project.
As you are aware, there is the possibility of a paving project on
Hawkins Drive near Kinnick Stadium. I believe the City needs to
coordinate it's work and lane closures of U.S. 6, so that traffic
will properly maintained at all times, either on current U.S. 6
or the detour route if available.
If you have any questions, please contact this office.
Sincerely,
Peter H. Dallman
Maintenance Operations Assistant
Iowa City Maintenance
PHD:phd
Iowa Department of TransportatiOn
AGREEMENT FOR USE OF ~] CITY STREETS AND INSTTTIJTIONAL ROADS
[] SECONDARY ROADS AS DETOURS
Th~s agreement entered into th~s ...... day of
Transportation heretoafter known as the Party el the First Part; and the
City of
Iowa City
by and between the Iowa Department of ~ City Council
[] County Board el Supervisors.
hereinafterknownasPadyoftheSecondPart
second
WHEREAS. ThePartyotthe][]~i(Padhasdeterm~nedtbene~ess~tyto close
_b_r_idge construction on Woolf Ave_n_ue in Iowa City
U.S. 6 intermittently
WHEREAS. ~t ~s necessary to provide a detour for the construction s~te during the construct,on per~od. and
due td~verhead
WHEREAS. The Party of the Second Pad agrees to perm,t the use of Iowa City an~ institutiona'l r~'-n'dS"-~ ~.~. ondary roads
as a detour, more particularly described as follows: For emit-hesiod t'raffl r':
com~__e~n_c_~.n_g_at__ t_he__...~er.8_e_c_t. iol]___.ef_lJ_~S~,__6 and Bawkins Drive, thence on lqmwk~n.q Dr~ve to
_Melrose Aven_u_e, thenee_~ILMelr~s~Avem,e to Byington Road, thence on By~ngton Road to
__~and Avenue, the~__o~_Grand Avenue to II.S. 6. For west-bound tra~c: commencing nt
.~tb~_intersection of U.S. ~.~nd Gland Avenue, thence on Grand Avenue to South Grand Avenue,
thence on South Grand Avenue to Melrose Avenue, thence on Melrose Avenue to Mawkins Drive,
thence on Hawkins Jlr~e to U.S. 6 .and
WHEREAS, Authorized engineers representing both the Party o! the First Part and the Party of the Second Part shall jointly execute and sign
a written report concerning the condition of the proposed detour, after jointly inspecting said road, the subject of the proposed detour; said report
to be ~n sufficient detail as to reasonably reflect the tendthen of the roadway base, surface, shoulders and bridges and
second
WHEREAS, Party of the ~t Pad agrees (pre-detour maintenance) to perform any necessary upgrading of signs
__and pavement markings, where applicable, to Iowa Department of Transportation standards;
see addend.m . and
second
WHEREAS, Party of the F-~ Part agrees to maintain the detour and provide all traffic control devices required by the Iowa MUTCD including
the marking of no-passing zones as specified in Section 3B-5 of the Iowa MUTCD during the period the
]~ city street and institutional roads
[i-] secondary road and structures are being utilized as a primary road detour and
second ~] city street and institutional roads
WHEREAS, Prior to rovetaboo of the detour, the Party of,the]t[l'~ Part shall restore the [] secondary road to as good condition as it was prior
[] City ]i~ city street and institution~
roads
to ds des~gnahon as a temporary primary road,~ [] County for excess~vo trafhc upon the [] secondary road during
]~ Section 313 29 el the Iowa Code (Cities)
the perlod ~t was used as a temporary pnmary road, ~n accordance with [] Section 313 28 of the lowa Code (Counhes) City agrees that thel
will be no compensation from IDOT for use of city street and insitutional roads as a detour.
WHEREAS, The detour period ,s estimated to begin January 15, 1998 and end November 15, 1998
NOW, THEREFORE, BE IT AGREED that the described
~ city street and institutional roads
] secondary road be used as a detour under stipulations outlined above
IN WITNESR WHEREOF. Th~ pad;as be~eto naw; caused (his agreement to be executed by proper officers thereunto duly authorized as of
the dates below indicated
Date:
~~na~ce D,v,s,on Director
~__..~wa Department of Yransportatiqn
Atlost To:
Date: ___
Board of Superwsors
City
County
City Clerk .... ~ '~/'_'___ ~_~ ..... City
Auditor ....................................... County
Prepared by: Rob Winstead, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145
RESOLUTION NO. 97-334
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND MMS CONSULTANTS, INC. OF
IOWA CITY, IOWA, TO PROVIDE ENGINEERING CONSULTANT SERVICES
FOR THE DESIGN OF THE COURT STREET EXTENDED, PHASE I
IMPROVEMENTS.
WHEREAS, the City of Iowa City desires to improve and expand the City's arterial street
system as necessary to satisfy vehicular and pedestrian demand; and
WHEREAS, the construction of the Court Street Extended, Phase I Improvements, which
include the extension of Court Street from its present easterly terminus easterly to the
westerly line of Windsor Ridge Subdivision, a length of approximately 1,720 feet, will
enhance traffic flow in northeast Iowa City; and
WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final
design drawings and specifications for bidding and construction of the Court Street Extended,
Phase I Improvements all of which shall be called the PROJECT; and
WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services
with MMS Consultants, Inc. of Iowa City, Iowa, to provide said services; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with MMS
Consultants, Inc. of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Consultant's Agreement attached hereto is in the public interest, and is approved
as to form and content.
The Mayor and City Clerk are hereby authorized and directed to execute the attached
Consultant's Agreement,
Resolution No. 97-334
Page 2
Passed and approved this 23rd day of September
,1997.
ATTEST: CiT~LERK ~ ~
'MAYOR
App~.~d by
City Attorney's Office
It was moved by Lehman
adopted, and upon roll call there were:
and seconded by Thornberry
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
pweng\courtext.doc
CONSULTANT AGREEMENT
THIS_AGREEMENT, made and entered into this ~ day of ~e4~ m.~ ~ ,--' ,
/~' '7 , by and between the City of Iowa City, a municipal corporation, hereinafter referred
to as the CITY and MMS Consultants, Inc., of Iowa City, Iowa, hereinafter referred to as the
CONSULTANT.
WHEREAS, the City of Iowa City desires to obtain the services of a consulting firm in order
to improve and expand the City's arterial street system as necessary to satisfy vehiclar and
pedestrian demand; and
'WHEREAS, the construction of the Court Street Extension Improvements includes, the
extension of Court Street from its present easterly terminus easterly to the East line of the Northwest
quarter of Section 18, T79N, R5W, 5th P.M., which is the westerly line of Windsor Ridge Subdivision;
and
WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final
design drawings and specifications for bidding and construction of the Court Street Extension
Improvements, all of which shall be called the PROJECT; and
WHEREAS, the City of Iowa City has negotiated an Agreement with MMS CONSULTANTS,
INC., of Iowa City, Iowa to provide said consulting services.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract
with the CONSULTANT to provide services as follow:
1. SCOPE OF SERVICES
The work to be performed by the CONSULTANT under this Scope of Services shall encompass and
include all detail work, services, materials, equipment and supplies necessary to prepare and deliver
final plans and contract documents for the improvements which include:
the grading, drainage and paving of Court street from its present eastern terminis
easterly to the East line of the Northwest quarter of Section 18, T79, R5W, 5th P.M.
a length of approximately 1,720 feet.
1.1. Preliminary Design and Plan Preparation
The work tasks to be performed by the CONSULTANT under section 1.1 Preliminary Design and
Plan Preparation shall include the following:
1.1.1. Preliminary Survey and Mapping
The CONSULTANT will obtain aerial base mapping from sources available to the CONSULTANT.
The CONSULTANT will research courthouse records to establish approximate locations of existing
property lines, right-of-way lines and property ownership for the properties affected by the PROJECT
and incorporate this data into the base mapping of the PROJECT.
The CONSULTANT will research underground utility locations with the various utility companies and
plot such locations on the base mapping of the PROJECT. Utilities to be researched include: field
tile, sanitary sewer, storm sewer, electric, gas, water, telephone, cablevision, and fiber optic lines.
-2-
This task will include field surveys to establish vertical and horizontal control, and obtaining
supplemental topographic data required for the development of the preliminary plans. This task also
includes incorporating the survey data collected into the base mapping. Horizontal control to be
based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on
NGVD 1929.
1.1.2. Title and general Information Sheets
This task consists of assembling the preliminary title and general information sheets. The cover
sheet format to be provided by the CITY.
1.1.3 Preliminary Typical Cross Sections
This task consists of pavement determination, assembling the Typical Cross Sections to be used for
the proposed improvements, and preliminary Station ranges for each Typical Section.
Grade'for sidewalk on both sides of the street.
Construct sidewalk on the south side of the street only.
1.1.4 Preliminary Estimate of Quantities
This task consists of a preliminary d~termination of the bid items to be included in the PROJECT,
along with an estimate of quantities for each item.
1.1.5. Preliminary Plans and Profiles
This task consists of the development of preliminary plan and profile sheets at 1" = 20' scale, that
will show the existing topography along the proposed improvements based on the survey or the
office adjusted centerline. Proposed Permanent and Temporaw Easement limits will be shown.
Included will be the necessary CADD work to show the preliminary design features for the proposed
improvements, as well as preliminary cross-sections for the determination of earthwork quantities.
The proposed improvements will include a 31' or 34'back to back paving section in an 85' right-of-
way. There will be an 8' sidewalk constructed on the south side and provisions for a 4' sidewalk on
the north side of the street.
1.1.6 Reference ties and Bench Marks
This task consists of assembling reference ties to the plan control points and the bench mark data
used to develop the plans and to be preserved throughout construction of the PROJECT. This task
also includes preserving Government Corners which are found in the vicinity of the proposed
construction.
1.1.7. Preliminary Staging and Traffic Control
This task consists of developing a suitable plan for construction staging and traffic control measures
to be implemented during construction. The plan will include provisions for temporaw access to
adjacent properties during construction, if necessary.
1.1.8. Preliminary Intersection and Geometric Design
This task consists of design and drafting of the geometric layouts consistant with the AASHTO Policy
on Geometric Design of Highways and Streets. The scale of these plan sheets will be 1"=20'.
-3-
1.1.9. Preliminary Storm Drainage Design
This task consists of completing an inventory of the existing hydrol0gic and hydraulic conditions and
identifying the impacts the proposed improvements will have on the area wide drainage patterns.
Once the impacts have been quantified, alternatives will be developed to support the proposed
improvements. Upstream watersheds will be evaluated for runoff in a post-development condition,
assuming no on-site stormwater detention. The storm sewer system will be designed to accomodate
upstream areas in the post-development condition.
1.1.10 Interceptor Sanitary Sewer ExtensiOn
This task consists of developing a preliminary plan and profile for the extension of an interceptor
sanitary sewer from the existing interceptor sanitary sewer located along the north bank of Ralston
Creek in Scott Park northerly to the North side of the PROJECT right-of-way.
1.1.11 Watermain
This task will consist of the preliminary design for the extension of water main along the PROJECT.
The plan will include showing connections to existing mains, fire hydrant and valve locations.
1.1.12 Preliminary Soils Design
This task will consist of soil boring to appropriate depths below grade. This subsurface exploration
will include Atterberg Limit tests, standard Proctor and CBR tests to determine physical index
properties and aid in the evaluation of the soil's subgrade modulus. The soils report will contain a
description of the PROJECT; a summary of the drilling, sampling, and testing procedures; logs of
the boring and laboratory test results; and recommendations regarding back slope and/or longitudinal
subdrains, pavement subgrade design parameters, and thickness design for pavements.
1.1.13 Preliminary Streetscape/Landscape Design
This task consists of the preliminary design of streetscape elements. Included are the locations,
dimensions, and elevations of tree planting areas. Also included are typical cross-sections through
various areas showing proposed landscaping.
1.1.14 Preliminary Special Construction Details
This task consists of the design and drafting associated with the assembly of special details.
1.1.15 Culvert Plans
This task consists of assembling the type, size, and location information for any cross road culverts.
All culverts and dikes shall be drawn on the plans to their proposed length and skew. This task will
also include the preliminary structural drawings for any proposed reinforced concrete box cross road
culverts.
1.1.1 6 Detailed Cross Sections
This task consists of the design and drafting associated with the assembly of detailed cross sections
to illustrate typical conditions, drainage designs, and nontypical conditions as needed for guidance
during design, review, easement determination and quantity estimating purposes.
-4-
1.1.17 Sensitive Area Ordinance
Evaluate the project for compliance with the Sensitive Areas Ordinance. Prepare a summary of the
findings.
1.1.18 Meetings
The CONSULTANT staff will attend a maximum of 4 meetings to review progress, assist in decision-
making, and receive direction from the CITY, one field exam which includes the preparation of
materials, participation in the field exam and reviewing results of the field exam with the CITY, and
others; and two public information meetings which include the preparation of display materials and
hand out information, attendance at a public informational meeting and reviewing results of the
informational meetings with the CITY and others.
1.1.1 9 Court Street Extension through Windsor Ridge
This task consists of preparing a preliminary plan & profile for the future extension of Court Street
through the Windsor Ridge Subdivision. This will assure compatibility and continuity between the
PROJECT and the future extension of Court Street by the Windsor Ridge Developer.
1.2. Real Estate Services
The work to be performed by the CONSULTANT under section 1.2. Real Estate Services, will include
the following:
1.2.1. Preparation of Acquisition Plats and Legal Documents
The CONSULTANT will perform land corner and lot surveys as needed and prepare acquisition plats
and legal descriptions. Said plats and legal descriptions shall comply with requirements of the Iowa
Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under
the laws of the State of Iowa.
1.3. Final Plans and Specifications
Based upon the preliminary design and plan preparation, field exam, review comments and, various
meetings, the CONSULTANT shall subsequently proceed with final design, contract drawings,
specifications, and estimates for the award of two (2) construction contracts. One of the construction
contracts will be for all roadway construction and the other construction contract will be for
landscaping only. The contract documents shall describe in detail the work to be done, materials
to be used, and the construction methods to be followed. Final construction plans will be ink plotted
on mylar and will become the property of the CITY. The work tasks to be performed by the
CONSULTANT under section 1.3. Final Plans and Specifications, shall include the following:
1.3.1. Final Cover Sheet
This item consists of finalizing the cover sheet. The cover sheet will include the following: PROJECT
title, sheet Index, Certifications, Locations Maps, and Legends.
1.3.2. Final Typical Sections
This item consists of final design and drafting of typical cross-sections and standard details to be
utilized for the improvements.
-5-
1.3.3. Final Quantities
This item consists of defining the final bid items to be included in the PROJECT as well as plan
quantity tabulation and the development of the general notes and estimate reference information.
1.3.4. Final Plan and Profiles
This item consists of the final design and drafting of roa~lway plan and profile sheets, including the
detail information required for plan approvals, permitting and construction of the proposed
improvements. This task also consists of the final design and drafting for the installation of new
utilities and utility adjustments which can be determined from coordination with the utility companies
at the time of plan development.
1.3.5. Final Staging and Traffic Control
This item consists of final design and drafting of the PROJECT staging notes, the temporary.
construction signing and traffic control plans, the permanent pavement marking plans and the
permanent signing plans.
1.3.6. Final Geometric Layouts, Jointing and Edge Profiles
This item includes the final design and drafting of jointing details, spot elevations, and geometric
layouts for all non typical pavement areas.
1.3.7. Final Design of Storm Drainage Systems
This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open
ditches, culvert structural details and miscellaneous storm drainage related facilities for the
PROJECT.
1.3.8. Final Interceptor Sewer Extension Design
This item consists of the final design and drafting of the interceptor sanitary sewer extension,
including manhole and connection details, quantities, specifications and miscellaneous elements of
the interceptor sewer installation.
1.3.9. Final Water Main Design
This items consists of the final design and drafting of the water main along the PROJECT.
1.3.10 Final Soils Design
This task consists of final design and drafting of the soils information including borrow and earthwork
quantities. This item also includes the final design and drafting of erosion control measures to be
provided on the PROJECT.
1.3.11 Final Streetscape/Landscape Design
This task consists of the final design of streetscape elements. Included are locations, and elevations
of signs. Also included are providing typical cross-sections through various areas showing the
proposed landscaping. Landscaping design will include trees, shrubs, and seeding for the PROJECT
area. This work will be a separate construction contract, while the paving construction contract will
include finish grading, erosion control and temporaw seeding.
-6-
1.3.12 Final Construction Details
This item consists of the final design and drafting of miscellaneous details. Included are such items
as special grading details, culvert details not included in the standard drawings, special storm sewer
or manhole details not included in the standard drawings, special paving details and other required
details.
1.3.13 Final Design Cross-Sections
This item consists of the final design and drafting of individual cross-sections for the PROJECT.
Cross-sections will be developed at 50 foot maximum intervals, with additional cross-sections
included as necessary to detail the proposed construction. Cross-sections will show the existing
ground elevations as well as the proposed PROJECT grading, include special fore slope and back
slope information, special subgrade treatment, ditches, utility locations and other pertinent
information.
1.3.14 Permitting
The CONSULTANT will secure all permits on behalf of the cITY. Any fees for construction permits,
licenses and other costs associated with permits and approvals shall be the responsibility of the
CITY. The CONSULTANT shall provide technical criteria, written descriptions, and design data in
filing applications for permits. The CONSULTANT will also be available to participate in
consultations with permitting authorities. It is anticipated that the following permit(s) will be applied
for:
IDNR Permit for water main
IDNR Permit for sanitary sewer
1.3.16 PROJECT Manual
This task consists of providing a Project Manual for the PROJECT, including Notice of Hearing and
Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of
the Construction Contract, Supplementary General Conditions, and Detailed Construction
Specifications. The Project Manual will be developed using the Iowa City engineering consultant
dossier (most recent copy) as a guide.
1.3.17 Opinion of Probable Construction Cost
The CONSULTANT shall prepare an updated Opinion of Probable Construction Cost for the
PROJECT at the time of completion of the final plans and specifications. The Opinion of Probable
Construction Cost is intended for the use of the Owner in financing and bidding the PROJECT.
1.4. Letting Services
The work tasks to be performed by the CONSULTANT under section 1.4-Letting Services, shall
include the following:
-7-
1.4.1 Printing of Plans and Specifications
This task consists of printing and handling of the Plans and Specifications. For budget purposes it
is estimated that fifty 24"x36" plan sets and specifications will be duplicated and assembled for
distribution. This task also includes dissemination of the contract documents and maintaining a plan
holders list during the bidding phase. A non-refundable deposit may be charged to the contractors
to recover the actual cost of printing the plans and specifications. Administrative and handling
expenses will be a part of this contract, as will the cost to print and distribute plans and specifications
to selected plan rooms.
1.4.2 Notice of Project
The CONSULTANT shall assist in the preparation of the formal Notice of Hearing and Letting.
Publication costs shall be borne by the CITY. The CONSULTANT shall also prepare and
disseminate an informal notice to contractors concerning the upcoming PROJECT.
1.4.3. Contractor Questions and Addenda
The CONSULTANT shall be available to answer questions from contractors prior to the letting and
shall issue addenda as appropriate to interpret, clarify or expand the bidding documents.
1.4.4. Letting, Bid Tabs, and Award Recommendation
The CONSULTANT shall have a representative present when the bids and proposals are opened,
shall make tabulation of bids for the CITY, shall advise the CITY on the responsiveness of the
bidders, and assist the CITY in making the award of contract. After the awards are made, the
CONSULTANT shall assist in assembling the contract documents for the PROJECT included herein.
1.5. Additional Services
Additional Services are not included in this contract. If authorized under a Supplemental Agreement
the CONSULTANT shall furnish or obtain from others the following services.
1.5.1.
1.5.2.
1.5.3.
1.5.4.
1.5.5
1.6.7
1.6.8
1.6.9
1.6.10
1.6.11
1.6.12
1.6.13
1.6.14
1.6.15
1.6.16
or the
Title Searches
DOT Type PIct Plans
Appraisals
Appraisal reviews
Right-of-Way negotiation/acquisition services
Relocation assistance
Closing services
Eminent domain proceedings
Flood plain permitting
Environmental impact statements
Construction Administration
Construction Observation and Materials Testin~l
Construction Layout and Staking
Wetlands determination/mitigation
Coordination, communication and permit applications with the US Fish and Wildlife Service
Iowa State Historical Office.
-8-
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
GENERAL TERMS
The CONSULTANT shall not commit any of the following employment practices in any
subcontracts.
2.1.1
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.
2.1.2
To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability, age,
martial status, sexual orientation, or gender identity.
Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
than the "lump sum" amount listed in Section 4. The CITY may terminate this Agreement
upon seven (7) calendar days' written notice to the CONSULTANT.
This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
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 shall be exclusive, and
it is further agreed the CONSULTANT shall have the right to employ such assistance as may
be required for the performance of the PROJECT.
It is agreed by the CITY that all records and files pertaining to information needed by the
CONSULTANT for the PROJECT shall be available by the CITY upon reasonable request
to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of
these records and files.
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.
At the request of the CITY, the CONSULTANT shall attend such meetings of the CITY
Council relative to the work set forth in this Agreement. Any requests made by the CITY
shall be given with reasonable notice to the CONSULTANT to assure attendance.
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 an other data
prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and
without restrictions or limitations as to the use relative to specific projects covered under this
Agreement. In such event, the CONSULTANT, shall not be liable for the ClTY'S use of such
documents on other projects.
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.
-9-
2.10
2.11
2.12
2.13
2.14
2.15
The CONSULTANT shall furnish the services of Christopher Stephan to attend such
meetings of the City Council and public meetings relative to this Agreement and as may be
requested by the CITY. Christopher Stephan shall attend other meetings as requested by
the CITY. Any requirements made by the CITY shall be given with reasonable notice to the
CONSULTANT. Christopher Stephan will direct all PROJECT efforts expended by the
CONSULTANT during the work, and will serve as the primary liaison with the CITY. Changes
in the CONSULTANT'S representatives shall be made only with the prior approval of the
CITY.
Rob Winstead will act as the CITY'S representative with respect to the work to be performed
under this Agreement. These two persons or their designees shall have complete authority
to transmit instructions, receive information, interpret and define the CITY'S policies and
decisions with respect to the work presented under this Agreement.
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.
Should any section of this Agreement be found invalid, it is agreed that the remaining portion
shall be deemed serverable from the invalid portion and continue in full force and effect.
Original contract drawings shall become the property of the CITY. The CONSULTANT shall
be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use.
Fees paid for securing approval of the authorities having jurisdiction over the PROJECT will
be paid by the CITY.
3. SCHEDULE
3.1 Time of Completion
The CONSULTANT shall complete the following phases of the PROJECT in accordance with the
schedule shown, assuming notice to proceed is issued by the City on or before September 23, 1997.
3.1.1.
3.1.2.
3.1.3.
3.1.4.
Preliminary Design and Plan Preparation
Real Estate Services
Final Construction Documents
Letting Services
Sept. 1997- Dec. 1997
Sept. 1997- Dec. 1997
Jan. 1997-Feb. 1998
Feb. 1998- Mar. 1998
If notice to proceed is given at a later date, time of completion shall be extended accordingly.
-10-
4. COMPENSATION FOR SERVICES
4.1. Method of Payment
CITY shall pay CONSULTANT for services rendered under Section 1 - Scope of Services the fee
amounts as follows:
4.2
4.2.1.
4.2.2.
4.2.3.
m
5.1.
5.1.1.
Fee Range/Not-to-Exceed
4.1.1. Preliminary Design and Plan Preparation $31,800.00 to $35,000.00
4.1.2. Real Estate $ 4,200.00 to $ 4,700.00
4.1.3. Final Construction Documents $ 9,200.00 to $10,200.00
4.1.4. Letting Services $ 5,600.00 to $ 6,200.00
Total
Payment Schedule
$50,800.00 to $56,100.00
CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payments
shall be due and payable within thirty (30) days of ClTY'S receipt of invoice.
If the CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after
giving seven (7) days' written notice to CITY, suspend services under this Agreement until
CITY has paid in full all amounts due.
CONSULTANT shall provide working drawings and other documentation deemed necessary
to the CITY at meetings held periodically during the design phase and reach mutual
agreement that work has been performed in accordance with the attached payment
schedule.
MISCELLANEOUS
Insurance Requirements
Certificate of Insurance, Cancellation or Modification
Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate
of insurance meeting the requirements specified herein, to be in effect for the full contract period.
The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any
change or cancellation of said policy or policies.
Cancellations or modification of said policy or policies shall be considered just cause of the City of
Iowa City to immediately cancel the Agreement and/or to halt work on the project, and to withhold
payment for any work performed on the contract.
-11 -
5.1.2. Minimum Coverage
Any policies of insurance purchased by the CONSULTANT to satisfy its responsibilities under this
Agreement shall include contractual liability coverage, and shall be in the following type and
minimum amounts:
I. Comprehensive General Liability Each Occurrence
(1) Bodily Injury $250,000.00
(2) Property Damage
Aggregate
$5OO,OOO.OO
$100,000.00
ii.
Motor Vehicle Liability and
Property Damage Insurance
(1) Bodily Injury
(2) Property Damage
Per Person
$250,000.00
Per Accident
$500,000.00
$100,000.00
iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
5.2. Limitation of Liability
CITY agrees to limit CONSULTANT'S liability to CITY due to CONSULTANT's professional negligent
acts, errors or omissions on the PROJECT to damages are not exceeding the sum of $500,000.00.
In consideration therefor, the CONSULTANT agrees at all times material to this Agreement to have
and maintain professional liability insurance covering the CONSULTANT'S liability for the
CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $500,000.00.
All provisions of the Agreement shall be reconciled in accordance with generally accepted standards
of the Engineering Profession.
It is further agreed that there are no other considerations or monies contingent upon or resulting from
the execution of this Agreement, that this is the Agreement, and that no other monies or
considerations have been solicited.
FOR THE CITY OF IOWA CITY, IOWA
Mayor( U,'
Art est: C i~ i e rP~k ' -.--~--.J
Date:
FOR TI-~ ON~U LTANT
:_: /:' :,.['
Date: ~; - / 7-- '~ '7
City Attorney's Office
Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 97-335
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE INFORMATION
SERVICES DIVISION OF THE FINANCE DEPARTMENT AND AMENDING THE
ADMINISTRATIVE PAY PLAN BY ADDING THE POSITION OF PROJECT
MANAGER/SYSTEMS ANALYST AND RECLASSIFYING THE POSITION OF SENIOR
INFORMATION SERVICES COORDINATOR.
WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized permanent
positions in the Information Services Division for FY98; and
WHEREAS, Resolution No. 96-112, adopted by the City Council on April 23, 1996, established a
classification/compensation plan for Administrative/Confidential employees; and
WHEREAS, acceptance of a Federal grant of $367,500 requires the Police Department to reduce the
timeline on its computer strategic plan from 18 months to 8 months; and
WHEREAS, the complexity of the technology, the training of the entire department in the proper use of
new technology and the minimal time allowed to complete the project requires the need for a project
manager to be hired to ensure a successful project; and
WHEREAS, the assignment of supervisory duties and system responsibility to the Senior Information
Services Coordinator requires an upgrade of that position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The budgeted positions in the Information Services Division be amended by:
The addition of one full-time position of Project ManagedSystems Analyst, Administrative
grade 28.
The reclassification of the position of Senior Information Services Coordinator to
Administrative grade 29.
2. The Administrative/Confidential payplan be amended by:
The addition of the position of Project ManagedSystems Analyst, grade 28.
The reclassification of the position of Senior Information Services Coordinator from grade
28 to grade 29.
Passed and approved this 23r`d day of September'
, 1997.
ATTEST:
ClT'F CLERK
humanrel~res\lSrecl,wp5
MAYOR
Resolution No. 97-335
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Vanden'hoer the Resolution be
AYES: NAYS: ABSENT:
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of iowa City
MEMORANDUM
Date: September 18, 1997
To:
From:
Re:
City Council and City Manager ,
Don Yucuis, Director of Finance . ,,~
Kevin O'Malley, Asst. Director of Finance7~ ~
Request for a Project Manager for Police Dept. grant/upgrad~
Reclassification of Senior Information Services Coordinator
The purpose of this memo is to ensure a successful outcome to the management of the
$490,000 COPS MORE '96 project. To that end, We are requesting authorization for a
new position, Project Manager, and the reclassification of the Sr. Information Services
Coordinator.
In July 1997, Iowa City Police Chief R. J. Winklehake received word that his
application for COPS MORE '96 federal grant funds in the amount of $367,500 would
be funded. The purpose of this grant is to increase community policing. This goal
would be accomplished by providing police officers with state of the art computer
technology and training which would reduce the amount of officers' time spent on
paperwork. The time spent on producing paperwork could be spent on increased
co~mnunity policing activities.
This grant is a 75 % federal share and a 25 % City share on a proposal to purchase
$490,000 of computer hardware and software. The Iowa City Police Department will
receive $367,500 in federal funds and the City will be spending $122,500 in operating
funds. The current Police Department computer plan is a 4 year plan beginning in
FY97 by providing $115,000 per year to upgrade computer technology purchased in
1990 (Table 1). The tasks required by that plan were to be performed over a 3 year
time line (Chart 1). The COPS MORE '96 grant application proposes performing the
same computer upgrades in the current plan and providing additional computer
technology to police officers. Fortunately for the City, the federal grant funds will
replace monies that the City would have provided for the planned upgrade.
Unfortunately, the federal grant requires the project to be completed by May 1998
rather than December 1998, a greatly expedited timetable for completion.
The grant funds represent only hardware and software costs. The project scope
includes the replacement of mobile data terminals presently that are in each police
vehicle with laptop computers; installation of a local area network (LAN) file server,
procurement of 26 microcomputers, and upgrading the radio message switch application
software. The laptop computers have greater capabilities than mobile data terminals
and will require extra hardware and software support. In addition to the new hardware,
the Police Department is researching the replacement of its computer-aided-dispatch
and records management software. That software upgrade will require extensive
research and testing to meet new technology demands
As you may recall, Gary Colin was hired as the project manager on the initial
installation of the Police Department's Records Management Software and Computer
Aided Dispatch project. That configuration included a minicomputer and terminals,
800 Mghz radio system, mobile data terminals in police vehicles, and E911 computer
integration. The time span of that project encompassed 18 months. Gary supervised the
installation of the diverse technologies and systems and made sure everything worked
as proposed. Police staff were trained in software applications and purchased vendor
software support. Gary's current role in the Police Department is systems
maintenance. Now that Gary Cohn has attained the position of Senior Information
Services Coordinator, his current responsibilities, which include management of 6 local
area networks and functional supervision of 5 employees, prevent him from performing
as the project manager.
Funding this request
Currently the Police Department's budget includes expenses for a Narcotics Task Force
Officer and a Domestic Violence Officer. The City will receive grant revenue for these
two positions totaling $108,000 as the grants have been approved for FY98. The
Police Department salaries budget was originally based on the assumption that no grant
would be received. Therefore, there is approximately $108,000 available to fund a
Project Manager position. We propose that a Project Manager be hked for a 2 year
tenure and be funded from those unanticpated funds. The Project Manager position
description would be the same as a Systems Analyst. A person possessing the skills
required by this position is in high demand in the job market; therefore I am
recommending starting in Paygrade 28. The annual salary and benefits cost for this
position is $58,800.
The Sr. I S Coordinator (Gary Cohn) is also in Paygrade 28 and I am recommending
reclassifying his position into Paygrade 29. The justification for this request is that Sr.
I S Coordinator will be providing direction and supervision to the Project Manager in
addkion to his current responsibilities. The Sr. I S Coordinator has recently taken on
more supervisory responsibilities in Information Services, such as personnel evaluations
and budget monitoring, in addition to maintaining and enhancing his technical expertise
in computer systems and telecormnunications.
We will be attending the meeting on Tuesday for your questions.
Table 1.
Current Police Computer Plan
Minicomputer replacement
Network Server
Personal Computers
Cabling
CAD/RMS Software
Emerg. Med. Dispatch Software
QW FY97 FY98
1 70,000
1 15,000
26 63,000
1 5,000
1
1
Expenditure Total
83,000 70,000
Replacement Fund Contribution
115,000 115,000
Replacement Fund balance
I 32,0001 77,000l
Revised Computer Plan
/nc/uding Grants
Minicomputer replacement
Network Server
Personal Computers
.Q~ FY97 FY98
1 70,000
1 15,000
26 63,000 l&000
Cabling
CAD/RMS Software
Emerg. Med. Dispatch Software
Laser Printers
Laptop Computer
MDT Message Switch Upgrade
MDT System Upgrade*
Imaging for Records*
Expenditure Total
1 5,000
1 f7&000
1 4,500
3 &000
35 122,500
I 15,000
1 80,000
1
83,000 487,000
Replacement Fund Contribution
C.O.P.S. MORE Grant
Other Grants
115,000 115,000
367,500
34,000 61,000
ReplacementFund Balance
I 66,000I 122,500
Italics denotes change in Fiscal Year Implementation
Bold denotes additional revenue/expenditures
Additional Grant Revenue
Sources: Domestic Violence Grant
Narcotics Grant
108,000
FY99
15,000
175,000
4,500
194,500
115,000
(2,5o0)1
FY99
100,000
100,000
115,000
137,500
FYO0
115,000
112,500J
FYO0
115,000
252,500I
Table 1. Prepared by Information Services 9/18/97 Page 1
i Current Police Computer Strategic Plan
Task Name
Install Network Cabling
Configure Network Server
install Microcomputers
Install Printers
Train users on systems
Minicomputer replacement
CAD/RMS Software
Emerg Med. Dispatch Software
lproposed Police Computer Strategic Plan
Task Name
h~stall Network Cablil~g
Col~figure Network Selver
Train users on sysiems
Minicomputer replacement
CAD/RMS SofNvare
Emerg Med. Dispatch Sot~ware
Purchase Laptops tot Olficers
MDT Message Switch Upgrade
Imagilqg for Records
Task Shi~ due to grants
Fiscal 98 Fiscat 99 Fiscal O0
997 1998 1999 2000
Fiscal 98 Fiscal 99 Fiscal O0
997 1998 t 999 20oo
~
Prepared by: Sylvia Mejia, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 97-336
RESOLUTION AMENDING THE. BUDGETED POSITIONS IN THE CITY
CLI=RK'$ OFFICE AND THE CONFIDENTIAl. PAY PLAN BY ADDING THI=
POSITION OF ASSISTANT TO THE POLICI= CITIZEN'$ RI=VlEW BOARD.
WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1 997, authorized
permanent positions in the City Clerk's Office for FY98; and
WHEREAS, Resolution No. 96-1 12, adopted by the City Council on April 23, 1996,
established a classification/compensation plan for Confidential employees; and
WHEREAS, Ordinance No. 97-3792, adopted by the City Council on July 15, 1997, created
a Police Citizen's Review Board to assist in processing citizen complaints concerning the
Police Department; and
WHEREAS, the Police Citizen's Review Board requires staff to perform clerical duties for the
Board on an ongoing basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT'
1. The budgeted positions in the City Clerk's Office be amended by the addition of one
half-time position of Assistant to the Police Citizen's Review Board.
2. The Confidential payplan be amended by the addition of the position of Assistant to
the Police Citizen's Review Board, grade 24.
Passed and approved this 23r`d day of September' ,1997.
ATTEST: CIT~ CLERK
hurnanrel\res\PCRBasst, res
MAYOR
.~roved
City Attorney's Office
Resolution No. 97-336
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
· Novick
Thornberry
Vanderhoef