HomeMy WebLinkAbout1997-11-11 ResolutionPrepared by: Chuck Schmadeke, PW Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141
RESOLUTION NO.
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC-
TION OF THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS PRO-
JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE
FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 18th day of
November, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
That the City Clerk is hereby authorized and directed to publish notice of the public
headng for the above-named proposal in a newspaper published at least once weekly
and having a general circulation in the City, not less than four (4) nor more than twenty
(20) days before said hearing.
That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this
day of , 1997.
ATTEST:
CITY CLERK
MAYOR
App,,r, pved by
City Attorney's Office
pweng\res\irishpkw.res
Prepared by: Chuck Schmadeke, PW Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5141
RESOLUTION NO.
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC-
TION OF THE WATER FACILITY IMPROVEMENTS--WATER MAIN PHASE
II PROJECT, ,DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 18th day of
November, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named proposal in a newspaper published at least once weekly
and having a general circulation in the City, not less than four (4) nor more than twenty
(20) days before said hearing.
That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this
day of , 1997.
ATTEST:
CITY CLERK
MAYOR
A~roved by ~
City Attorney's Office
//"6"-q7
pwenCres\mainphas.wp5
Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 97-371
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid. the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
Maxie's - 1920 Keokuk Street
Passed and approved this 11th day of November
, 1997.
A'r-rEST: Cl~
MAYOR
City Attorney's Office
It was moved by Norton and seconded by
be adopted, and upon roll call there were:
Lehman
the Resolution
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
clerk\cigperm,res
,37?0
Prepared by: Liz Osborne, Housing Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 97-372
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST SUBORDINATION AGREEMENTS BETWEEN THE CITY
OF IOWA CITY AND FIRST NATIONAL BANK, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 3351 WINTERGREEN DRIVE AND 1804 HANNAH
JO COURT, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a HOME Investment Partnership
Funds Agreement and a Mortgage in the amount of $48,000, executed by Greater Iowa City
Housing Fellowship ("GICHF") for 3351 Wintergreen Drive and 1804 Hannah Jo Court on
August 23, 1996 and recorded on December 20, 1996 in Book 2202, Pages 142 through 155
and Book 2202, Pages 156 through 160 in the Johnson County Recorder's Office covering the
following described real estate:
Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat thereof
recorded in Book 34, Page 39, Plat Records of Johnson County, Iowa.
Lot 13, Village Green South, Part 3A, Iowa City, Iowa according to the plat thereof
recorded in Book 34, Page 38, Plat Records of Johnson County, Iowa.
WHEREAS, the balance of the City's lien totals $48,000; and
WHEREAS First National Bank, Iowa City, Iowa proposes to give a construction loan in the sum
of $186,500 to GICHF for 3351 Wintergreen Drive and 1804 Hannah Jo Court and to secure the
loan by a mortgage covering the real estate described above; and
WHEREAS, it is necessary that said loan held by the City be subordinated to the lien of the
proposed mortgage in order to induce First National Bank to make such a loan; and
WHEREAS, once the homes on the above properties are sold, First National Bank will be paid
off, then the City's lien will again be in first position; and
WHEREAS, First National Bank has requested that the City execute the attached subordination
agreement thereby making the City's lien subordinate to the lien of said mortgages to First
National Bank; and
WHEREAS, to facilitate the construction of affordable housing, it is in the public's best interest
to subordinate this lien.
· 3
Resolution No. 97-372
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreements between the City of Iowa City and First National Bank, Iowa City,
Iowa.
Passed and approved this 11th dayof November
,1997.
ATTEST: C~~K~,.~ '~. ~
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
ppdrehablres/wlntergr.d oc
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
First National Bank Iowa
of Iowa City, IA , herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain HOME Investment Partnership Funds
which at this time are in the amount of $ 48,000 and were executed byGreater Agreement
Iowa City Housing: Fellowship (herein the Owner), dated August 23
19 96 , recorded December 20 , 19 96 , in Book 2202 , Page 142
through N/A, Johnson County Recorder's Office, covedng the following described real
property:
Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat thereof recorded in
Book 34, Page 39, Plat Records of Johnson County, Iowa.
Lot 13, Village Green South, Part 3A, Iowa City, Iowa according to the plat thereof recorded in Book
34, Page 38, Plat Records of Johnson County~ Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $186,500 on a
promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage
covedng the real property described above; and
WHEREAS, to induce the Financial Institution to make such 10an, it is necessary that the HOME Investment
Partnership Funds Agreement held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution
H ME In estment Partnership ·
that the above noted ~unds X~reement held by the City is and shall continue to
be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
SUBORDINATION AGREEMENT
Page 2
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its
act of subordination herein.
Senior Mortgage. The mortgage in .favor of the Financial Institution is hereby
tlOM% Investment PartnershiPof the City.
acknowledged as a lien supedor to the l~'unds A~reement
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this // ~' day of ~Io~ ~r . 19 9"7
By
CITY OF IOWA CITY
Attest:
Mayor
FINANCIAL INSTITUTION
CITY'S ACKNOWLEDGEMENT
' City Attorr~ey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this //~ day of
1997, before me, the undersigned, a.
Notary Public in and for the State of Iowa, personally appeared
/q~rr~,' '~. /',~,~ir'l~. and Madan 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 (Ordinance) (Resolution) No.
passed (the Resolution adopted.) by the City Council, under Roll Call No. of the
City Council on the //~-/,- day of A[~:~- 19 ?7 and that
/,,,]o,.~,~; ~. ~o,~;~/( and Madan 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
SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 7th day of October , A.D. 19 97 , before me, the
undersigned, a Notary Public in and for the State ~of Iowa, personally appeared
.~f P~.~ and ~,~.~ :T.- ~.~..h~ , to me personally known, who
being by me duly sworn, did say that they are the First Vice President and
Senior Vice President , respectively, of said corporation executing the within and
foregoing instrument to which this is attached, that said instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and that the said
First Vice President and Senior Vice President 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.
188305 Notary Pu nd f Iowa
My Commission Expires
Januaq/17, 2000
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
First National Bank Iowa
of Iowa City, IA , herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain MortRaRe
which at this time are in the amount of $48,000 and were executed by Greater Iowa
City Housing Fellowship (herein the Owner), dated August 23 ,
19 96 , recorded December 20, , 1996 , in Book 2202 , Page 156
through n/a , Johnson County Recorder's Office, covering the following described real
property:
Lot 20, Village Green South, Part 3B, Iowa City, Iowa according to the plat thereof recorded in Book 34,
Page 39, Plat Records of Johnson County~ Iowa.
Lot 13, Village Green South, Part 3A~ Iowa City~ Iowa according to the plat thereof recorded in Book 34,
Page 38, Plat Records of'Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $186,500 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described above; and
VVHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mortgage held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution
that the above noted Mortgage held by the City is and shall continue to
be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
SUBORDINATION AGREEMENT
Page 2
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its
act of subordination herein.
Senior Mortgage. The mortgage in .favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage of the City..
By
Attest:
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this // day of
CITY OF IOWA CITY
Mayor
FINANCIAL INSTITUTION
By Senior Vice Pr&sident
Cit~Clerk
CITY'S ACKNOWLEDGEMENT
ff.,~pproved By
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~'//-- day of ~o,~_.,~.,,.. , 199'/, before me, the undersigned, a
Notary Public in and for 'the State of Iowa, personally appeared
/~o,,,,; ~ ,q~;~_~ and Marian K. Karr, to me personally known, and, who,
being by me duly swom, 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 (O~dlhanoc) (Resolution) No. ?7- ~ 7~
passed (the Resolution adopted) by the CityCouncil, under Roll Call No. - Of the
City Council on the t/ "'-~- day of ~o~.-.~,,,.. , 19 ~'7 and that
A~..~,.~;' ~ I~,.,~.1/._ and Madan 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 Slate of Iow~
SUBORDINATION AGREEMENT
Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 7th day of October , A.D. 19 97 , before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Jeff Peters and Lanny J. Benishek , tome personally known, who
being by me duly sworn, did say that they are the First Vice President and
Sen~.o~,;: Vice President , respectively, of said corporation executing the within and
foregoing instrument to which this Is attached, that said instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and that the said
First Vice President - and Senior Vice President 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.
'1BB305
~m'~ My Commission Expires
JanuarY ~7,2000 Notary Public in and for tht~ State of Iowa
Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 97-373
RESOLUTION APPROVING THE THIRD AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT FOR THE ASSISTED HOUSING RISK
MANAGEMENT ASSOCIATION (AHRMA).
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority;
and
WHEREAS, the Iowa City Housing Authority contracts with the Assisted Housing Risk
Management Association (AHRMA) for insurance coverage; and
WHEREAS, the Iowa City Housing Authority desires to renew its contract with AHRMA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Passed and approved this
1. the third amended and restated intergovernmental cooperation agreement is hereby approved
and the housing administrator of the Iowa City Housing Authority is hereby authorized to
execute, deliver, and take any and all other action necessary to implement the third amended
and restated intergovernmental cooperation agreement.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution
with any necessary certificates as may be required by AHRMA.
11th day of November ,1997.
CITY CLERK
MAYOR~~' ~~
Approved~by
City Attorney's Office
hisadm~res~ahrma.doc
Resolution No. 97-373
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: James Brachtel, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142
RESOLUTION NO. 97-374
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER PUBLIC
IMPROVEMENT FOR LOTS 1 AND 2 OF BLOCK 7 BRAVERMAN CENTER.
WHEREAS, the Engineering Division has certified that the following improvement has been
completed in accordance with the plans and specifications of the City of Iowa City,
Storm sewer improvements for Lots 1 and 2 of Block 7 Braverman Center as constructed
by Yordi Excavating, Inc. of North Liberty, Iowa.
WHEREAS, a maintenance bond has been filed in the City Engineer's office; and
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 of said public improvements are hereby formally accepted.
Passed and approved this ].].l:h day of November' ,1997.
Approved by /) / ///
It was moved by Nor'ton and seconded ~'y~r~i~hrrlan the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng\res\bravctr.doc
ENGINEER'S REPORT
CITY OF I0 WA CITY
November 11, 1997
Honorable Mayor and City Council
Iowa City, Iowa
RE: Storm Sewer for Lots 1 and 2 of Block 7 Braverman Center
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the storm sewer improvement for Lots 1
and 2 of Block 7 Braverman Center has been completed in substantial
accordance with the plans and specifications of the Engineering Division of the
City of Iowa City. The required maintenance bonds are on file in the City
Engineer's Office for the storm sewer improvement constructed by Yordi
Excavating, Inc. of North Liberty, 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) 356-5000 · FAX (319) 356-5009
Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240; 319-356-5044
RESOLUTION NO. 97-375
RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE
IOWA CITY PARKING RAMPS FACILITY UPGRADES TO THE CAPITOL &
DUBUQUE STREET RAMPS PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of the
Iowa City Parking Ramps Facility Upgrades to the Capitol & Dubuque Street Ramps Project,
as included in a contract between the City of Iowa City and O.F. Paulson Construction Co.
of Cedar Rapids, Iowa, dated March 3, 1997, be accepted and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT
said improvements are hereby accepted by the City Council of Iowa City, Iowa.
Passed and approved this 11th day of November , 1997.
CIT'~-CLERK
Approved by
City Attorney's Office
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
pweng\res\pkgramp.res
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
ENGINEER'S REPORT
CITY OF I0 WA CITY
November 11, 1997
Honorable Mayor and City Council
Iowa City, Iowa
RE:
Iowa City Parking Ramps Facility Upgrades to the Capitol and Dubuque
Street Ramps Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Iowa City Parking Ramps Facility
Upgrades to the Capitol and Dubuque Street Ramps Project has been
completed by O.F. Paulson Construction Company of Cedar Rapids, Iowa in
substantial accordance with the plans and specifications prepared by Shive-
Hattery, Inc. The required performance and payment bonds are on file in the
City Clerk's Office. The final contract price is $138,260.57.
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 52240-1526 · (319) 356-5000 · FAX (319) 356-5009
Prepared by: Steven Nasby, Assoc. Planner, 410 E. Washington St., Iowa City IA 52240 {319)356-5248
RESOLUTION NO. 97-376
RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR STATE OF IOWA HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FUNDING, AND AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME.
WHEREAS, the State of Iowa has created the State of Iowa HOME program which utilizes
U.S. Department of Housing and Urban Development funding to provide affordable housing
for low income households in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support affordable
housing efforts for low income households in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
HOME funding in the amount of 9256,902 available to the City of Iowa City for the support
of the Greater Iowa City Housing Fellowship affordable rental housing project; and
WHEREAS, the project has been substantially completed and the Iowa Department of
Economic Development proposes to provide operational funding to Greater Iowa City
Housing Fellowship with this amendment to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
Passed
ATTEST:
The attached amendment to the Agreement for State of Iowa HOME funding (96-
HM-202), a copy of which is on file in the office of the City Clerk, is hereby
approved.
The Mayor is hereby authorized to execute and the City Clerk to attest said
Amendment to the Agreement for State of Iowa HOME funding.
The City Manager is hereby authorized to execute all necessary documents required
by the Iowa Department of Economic Development for the administration of these
funds.
and approved this l[th
day of November' ,1997.
City Attorney's Office
jccoghs\res\ghtcfamd.doc
Resolution No. 97-376
Page 2
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
HOME JOINT PROJECT ADMINISTRATIVE AGREEMENT
Amendment #1
Between
Iowa Department of Economic Development
City of Iowa City
Greater Iowa City Housing Fellowship
WHEREAS, the City of Iowa City ("City") and the State of Iowa, through the Iowa Department of
Economic Development ("Department"), desire to fund the acquisition and rehabilitation of 12 affordable rental
units in Iowa City in the City of Iowa City ("Project") by the Greater Iowa City Housing Fellowship (Recipient");
and
WHEREAS, it is the intention of the City and the Department to jointly fund this Project with HOME
Investment Partnership Program ("HOME") funding; and
WHEREAS, 24 CFR 92, which governs the use of HOME funds requires that in a jointly funded Project,
the City shall be the designated recipient for State funds in order to avoid the duplication of administrative
activities; and
WHEREAS, the City is willing to act as administrator for the Project, whose duties shall include setting up
the Project in the Cash and Management Information System ("C/MIS") in accordance with applicable Federal
regulations.
NOW, THEREFORE, in consideration of the mutual promises contained in the Agreement and other good
and valuable consideration, the adequacy of which is'hereby acknowledged, the parties agree as follows:
The Department hereby designates the City as the recipient of State HOME funds for the affordable
housing Project located in the City of Iowa City and as specifically described in the State's HOME
Program Agreement with the Recipient, attached hereto as "Attachment I", and the City's HOME
Program Agreement with the Recipient, attached hereto as "Attachment 2" which are each
incorporated herein and by the reference made a part hereof.
The parties agree that the Recipient shall execute Attachment 1 and Attachment 2, including the
applicable mortgages and agreements for covenants and restrictions, with the Department and the City
and that these documents shall be construed as part of this HOME Joint Project Administrative
Agreement.
It is the intention of the parties that the City shall administer the HOME funding for the Project and
shall act as agent for the Department throughout the construction phase of the Project. The City shall
monitor and inspect the Project during the construction phase and shall be responsible for the
· disbursement of all HOME funds from whatever sources to the Recipient, except State HOME funds
budeeted for ActiviW # 13, Community Housine Development Oreanization (CHDO) Operating
Expenses.
For the duration of the construction phase of the Project, the City will also provide the Department
with copies of all funding disbursements, the Project Set-Up Report, the Project Completion Report,
regular periodic performance/status reports and all other reports necessa~ to keep the Department
fully informed of the progress on the Project. The City will promptly notify the Department of any
problems, including any Event(s) of Default under the City's HOME Program Agreement, Attachment
2, with the Recipient, that arise during the construction phase and throughout the term of affordability,.
4. The Parties specifically agree that notwithstanding the Recipient's direct obligations to the Department
pursuant to Attachment I and the Recipient's direct obligations to the City pursuant to Attachment 2,
this activity is one Project administered by the City and that the City shall be solely responsible for all
Project monitoring during the conslxuction phase, until the Recipient has received a Certificate of
Occupancy from the City, and thereafter until the Federally required affordabili.~.~ period has expired.
5. The Department's HOME funds for the Proiect will be designated in the C/MIS for the City, upon
execution of this document andAttachment I and Attachment 2 by all applicable parties, and all
administrative and fiscal requirements of the C/MIS will be the responsibility of the City.
The parties agree that: (1) The City's obligations hereunder do not include the enforcement of security
instruments entered into between the State and Recipient, including, but not limited to, security
agreements, f'mancing statements, mortgages, and personal and/or corporate guarantees. All rights and
obligations of the Department under the State's Master Contract with the Recipient with respect tO
default by the Recipient and the enforcement of security instruments shall remain with the
Department; and (2) The Department's obligations hereunder do not include the enforcement of
security instruments entered into between the City and Recipient, including, but not limited to, security
agreements, f'mancing statements, mortgages, and personal and/or corporate guarantees. All rights and
obligations of the City under the City's HOME Program Agreement with the Recipient with respect to
default by the Recipient and the enforcement of security instruments shall remain with the City.
IN WITNESS WHEREOF, the Parties to this Agreement have affixed their signatures on the date specified
below.
Iowa Depart~ of Economic Development
By d(~, Director
David J. Ly ~
/::,.,,//i,'/
Date
City of Iowa City
MaWr, City(.~ff Iow[~ City
Alc~,oem.h~,- I1.~ 19q 7
Date
Greater Iowa C~JJy Hou~ng/F~el/lowship
Charles Eastliam, President
Date
City Attorney's Office
RECIPIENT:
HOME MASTER CONTRACT NUMBER:
HOME FUNDING AGREEMENT NUMBER:'
AMENDMENT NUMBI~R: I~
AWARD TYPE:,
AWARD AMOUNT':
AMENDMENT EFFECTIVE DATE:
The Iowa Department qf Economic Development
HOME Investment Partnership Program
Master~ Contract and Funding IAgreement
AMENDMENT
Greater 'Iowa City Housing Fellowship
96-HM-202
96-HM-202-27
2 I ~
Loan
$~56,902
October 30, 1997
The Iowa Department of Economic Development hereby amends the above referenced
HOME Investment Partnership Program Master Contract and Funding Agreement by revising the
budget to include funding for Activity #13, Community Housing Development Organization
(CHDO) Operating Expenses. ~ , ,
Therefore, said Master Contract and Funding Agreement by and between the Iowa
Department of Economic Development ("Department or IDED") and Greater Iowa City Housing
Fellowship ("Recipient") is amended as of the date stated above as follows:
I
Amend each Article ~in th6 Master Contract and Funding Agreement that refers to "Exhibit
A" to "Exhibit A, as amended ....
The fo!lowinl~ amendments will be made to the Funding Agreement:
Amend Article 4.1 DOCUMENTS INCORPORATED BY REFERENCE. by changing the
Ftrnding Agreement Exhibit A Program Schedule date to October 30, 1997.
Except as otherwise revised ~above, the terms, provisions, and conditions ~of the Master
Contract and Funding Agreement remain unchanged and are, ~n full force ~and effect.
RECIPIENT: Greater Iowa. City Housijag FelloWship
Charles Eastham, Presi~lent '
//- z7
'1
IOWA DEPARTME~T, xOF ECONOMIC DEVELOPMENT
^vm J ¥o s, '
DATE: ' {'/' / /¢ ,{ 7, ,
I HOME Amendment Format
, Fmt. Revised 3/3/94
/OF RECIPIENT:
~ .GREEMENT #:
ACTIVITY #28:
I
IOWA HOME PROGRAM,
Greater Iowa City Itousing Fellowship
City of Iowa City
96-HM-202-27 [
IOWA HOME PROGRAM SCHEDULE
EXHIBIT A
:~,(."1'1'~ rl'Y I)I~.%(:RIP 1'!O.%
ACQUISITION WITH REttAB (RENTAL) $15,000 - $40,000
'10 BI: I II,l.l.;l) IN lot' I)1,1):.,.:.~
()I{IGINAI,
& MENI:IMI.:N !' h 2
I;I.I'I;.C i'IVI; D.VrF I 0:.111'97 [
ACTIVITY # 13: COMMUNITY HOUSING DE~)EL(~PMENT ORGANIZATION (CltDO) OPERATING EXPENSES
ACTIVITY #28: ACQUISITION WITH REHAB (RENTAL) $15,000 - $40,000
Acquisition and rehabilitation of twelve (12) affordable rental units within the City of Iowa City.
GICHF will acquire and rehabilitate six two-bedroom and six three-bedroom single-fanfily homes 12/31/98 Ten (10) Years
and/or condominium units at scattered sites in Iowa City. ' '1 , I
~ i ]
ACTIVITY #13: CHDO OPERATING EXPENSES / I ' '
An approved devloper fee of 5% will be funded as CHDO Operating Expenses. I
"Operating Expenses" means reasonable and necessary costs for the operation of the CHDO. ,
The amount budgeted is based on 50% staff time for the CHDO administrator and compliance
manager for iS_months (salaries and benefits) and bookkeeping services.
.................................... ~.~, ...... ~.:~ ............................ 1 ............... '. ......................................................................
~ ' ' TOTAL ELIGIBLE
OTHiER
ACTIVITY SOURCE OF FUNDS PROJECT HOME PROJECT HOME MATCtl
FUNDS
$208,432
$48,470
BUDGET ·
$208,432
$48,470
$171,490
$456,008
$60,000
$23,000
FUNDS
$12,211
$60,000
ACTIVITY #28:
ACQUISITION WITH
REHAB (RENTAL)
$15,000 - $40,000
ACTIVITY # 13:
CHDO OPERATING
EXPENSES
FUNDS
State - HOME, Activity #28
State - HOME, Activity # 13 ,
City - HOME $171,490
First National Bank $456,008
FHLB Affordable Housing Program I~ $t0,000
City - CDBG $25,000
TOTAL ALL FUNDS $712,498 $256,902 $969,400 $72,211
1. Present discounted cash value of the yield foregone of below-market interest rate loan (8.25%) versus .marketlrqte (estimated at 9%) plus waived origination fee.
2. Full value ofFHLB AHP grant.
3. Property tax exemption match will be repoJted to the City of Iowa City.
' I I h:\finance\cdbg\forms~home~attahm96.wk4
g ~o0
Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 97-377
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF LOT 1
AND PORTION LOT 2, WEST SIDE PARK IOWA CITY, IOWA.
WHEREAS, the owner, Smith-Moreland Properties, filed with the City Clerk the preliminary
and final plat of a resubdivision of Lot 1 and Portion Lot 2, West Side Park, Iowa City, Iowa,
Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Beginning at the Northeast Corner of Lot 1, West Side Park, to Iowa City, Iowa, in
accordance with the plat thereof recorded in Plat Book 24, at page 45, of the
records of the Johnson County Recorder's Office; Thence S00°05'29"W, along the
East Line of said Lot 1, a distance of 111.96 feet to its intersection with the
Northwesterly Right of Way Line of U.S. Highway No. 1; Thence S40°17'45"W,
along said East Lihe and Northwesterly Right of Way Line 139.64 feet to the
Southeast Corner of said Lot 1 and a point on the Northerly Right of Way Line of
Mormon Trek Boulevard; Thence N51°46'23"W, along the South Line of said Lot 1
and Northerly Right of Way Line, 22.46 feet; Thence Northwesterly 269.18 feet,
along said Line and a 858.51 foot radius curve, concave Southwesterly, whose
268.08 foot chord bears N60°45'20"W, to the Southwest Corner of Said Lot 1;
Thence N18°46'07"W, along the West Line of said Lot 1 and the Easterly Right of
Way Line of West Side Drive, 36.84 feet; Thence N16°49'38"E, along said West
Line and Easterly Right of Way Line, 81.59 feet; Thence Northeasterly 148.47 feet,
along said Line and the West Line of Lot 2, West Side Park and a 716.20 foot
radius curve concave Northwesterly, whose 148.20 foot chord bears N10°53'18"E,
to the Southwest Corner of Auditor's Parcel 97084, as recorded in Plat Book 38, at
page 66, of the records of the Johnson County Recorder's Office; Thence
N89°35'04"E, along the South Line of said Auditor's Parcel 97084, a distance of
302.58 feet, to the Southeast Corner thereof; Thence S00°05'29'5N, along the East
Line of Lot 2, West Side Park, 187.10 feet, to the Point of Beginning. Said tract of
land contains 2.50 acres, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and final plat and subdivision be accepted
and approved; and
104
Resolution No. 97-377
Page 2
2
WHEREAS, 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 (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 preliminary and final plat and subdivision located on the above-described real
estate be and the same are hereby approved.
The City accepts the dedication of the easements as provided by law and specifically
sets aside portions of the dedicated land as not being open for public access at the
time of recording for public safety reasons.
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 lZth day of November
, 1997.
ATTEST: ~4~ · CITY'CLERK
ppdadmin\wsideplt.doc
800K 2374 PACE 105
Resolution No. 97-377
Page 3
It was moved by Kubb.y and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
23'7,1 PACE
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB97-0023: Resubdivision of Lot 1
and a portion of Lot 2, West Side Park
Prepared by: John Yapp
Date: October 10, 1997
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
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:
BACKGROUND INFORMATION:
Smith-Moreland Properties
1476 First Avenue
Iowa City, IA 52240
John Moreland
c/o Smith-Moreland Properties
338-8058
Preliminary and final plat approval
To resubdivide Lot 1 and a portion of Lot 2 of
West Side Park subdivision into three
commercial lots
The east side of West Side Drive, north of
Mormon Trek Boulevard
2.5 acres
Intensive Commercial, C1-1
North: Multi-family residential, RM-12
East: Commercial, County CH
South: Intensive Commercial, C1-1
West: Multi-family residential, RM-12 and
commercial office, CO-1
The Comprehensive Plan indicates that this
area should have general commercial uses,
Chapter 14-7, land subdivisions
September 25, 1997
November 9, 1997
The applicant, Smith-Moreland Properties, is requesting a resubdivision of Lot 1 and a portion
of Lot 2, West Side Park subdivision, into three commercial lots. In 1991, approximately
50 acres of property in the West Side Park subdivision was rezoned from Cl-1, Intensive
Commercial, to RM-12, Low Density Multi-Family Residential and approximately 4 acres of
property was rezoned from C1-1 to CO-1, Commercial Office. In September 1997, the
2
Commission recommended approval of the rezoning of .87 acres of property immediately to
the north of the proposed commercial subdivision to CO-1.
ANALYSIS:
Compliance With Subdivision Regulations: The preliminary and final plat contained six minor
deficiencies which must be addressed prior to consideration by the Commission. Because no
direct access will be permitted onto Mormon Trek Boulevard or onto Highway 1, the
proposed Lot 3 is essentially landlocked. The plat must show a permanent access easement
being provided to Lot 3 off of West Side Drive. Similarly, a sanitary sewer must be extended
to Lot 3, and a sanitary sewer easement must be shown on the plat. Other deficiencies and
discrepancies are described below.
Vehicular Access: The proposed access point off of Mormon Trek Boulevard for access to
Lots 1 and 3 begins approximately 50 feet from the Mormon Trek Boulevard pavement. The
potential land uses for this site, including a convenience store with gas pumps, a fast food
restaurant, and a car wash, will potentially generate over 1,000 vehicle trips per day entering
and exiting this site via West Side Drive. Staff is concerned that the primary access point for
a commercial development this close to an arterial street intersection would negatively impact
the public street system in the following ways:
1. Drivers will need to slow down to turn onto West Side Drive, and then make another turn
into the commercial site;
Fifty feet between the Mormon Trek Boulevard/West Side Drive intersection allows for
only three cars to stack up to make the turn into the commercial site before the queue
would extend into Mormon Trek Boulevard;
3. The large number of turning movements in close proximity, including turning movements
at the Mormon Trek Boulevard intersection, the access drive for the Lepic-Kroeger
building, and the proposed commercial subdivision will likely increase the accident rate at
this location.
Staff has raised these concerns with the applicant, and has received a conceptual alternative
access drive design which has the south access drive approximately 25 feet to the north of
what is shown on the plat. Staff will review this alternative design prior to the Commission's
formal meeting on this application, and will be able to make a recommendation as to the
acceptability of the alternative design prior to the Commission's formal meeting on this
application.
Sensitive Areas: The sensitive areas inventory map indicates the presence of hydric soils at
the southeast corner of Lot 3. It must be determined if wetlands exist on the property, and a
sensitive areas site plan must be submitted prior to development of this site.
Storm Water Management: Provisions for storm water management have been taken care of
with the previous subdivision of West Side Park. No additional storm water management
facilities are required for this area..
Sidewalks: The east side of West Side Drive and the north side of Mormon Trek Boulevard
will require sidewalks. The plat needs to note that all streets fronting on the proposed
subdivision will have sidewalks, and cross sections of the existing West Side Drive and
Mormon Trek Boulevard need to be shown, as well as proposed sidewalk locations, widths,
and thicknesses.
STAFF RECOMMENDATION:
Staff recommends that SUB97-0023, a resubdivision of Lot 1 and a portion of Lot 2, West
Side Park, be deferred, pending resolution of the deficiencies and discrepancies listed below.
Upon resolution of these items, staff recommends approval, subject to the approval of
acceptable access drives off of West Side Drive.
DEFICIENCIES AND DISCREPANCIES:
1. Show existing contours at five foot intervals.
2. Show existing water main, sanitary sewer, storm sewer, and related easements. Extend a
sanitary sewer to Lot 3 and show easement.
3. Show existing gas, electric, and cable television utilities.
4. Show cross sections of the existing West Side Drive and Mormon Trek Boulevard, as well
as proposed sidewalk locations, widths, and thicknesses.
5. Include this note on the plat: "Direct vehicular access to Mormon Trek Boulevard shall not
be permitted."
6. Revise the legal description to adequately reflect the proposed subdivision.
ppdadmin\stfrep\97-0027.doc
Approved by: ~'~ Robert Miklo, Senior Planner,
Department of Planning and Community Development
- /
0
0
0
0
E]AIEICI EIQIS J.SE~
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142
RESOLUTION NO. 97-378
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF,COST FOR CONSTRUCTION OF THE WOOLF AVENUE
BRIDGE RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(4)--8N-52]
AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
WHEREAS, this project involves the complete removal and replacement of the WooIf Avenue
bridge spanning Highway 6 and the Crandic Railroad and the reconstruction of the WooIf
Avenue pavement between Newton Road and Bayard Street along with the installation of
sidewalk, water main, and storm sewer facilities; and
WHEREAS, the construction cost estimate is ~ 1,203,000 of which approximately ~708,000
will be funded with Federal Aid Highway Bridge Replacement and Rehabilitation Program
money; and
WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and
WHEREAS, bids will be accepted on December 12, 1997, at 9 a.m., Ames, Iowa at the
Department of Transportation.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the construction of the above-named project was published as required by law, and
the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The plans, specifications, form of contract, and estimate of cost for the construction
of said WooIf Avenue Bridge Reconstruction Project are hereby approved.
The City Clerk is hereby authorized and directed to publish notice for the receipt of
bids, to be let by the IDOT, for construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the city.
Passed and approved this l:[th day of November'
,1997.
CITY CLERK
pweng\res\woolfbrd.wp5
MAYOR
Approved by
City Attorney's Office
Resolution No. 97-378
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
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 97-379
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of improvements and
extensions to the Municipal Water Utility, an essential corporate purpose, and it is
deemed necessary and advisable that General Obligation Bonds in the amount of
$5,540,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of said Bonds, and the Council is therefore now authorized
to proceed with the issuance of said Bonds; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the
above mentioned bonds were heretofore sold at public sale and action should now be
taken to issue said bonds conforming to the terms and conditions of the best bid received
at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
"Beneficial Owner" shall mean, whenever used with respect to a
Bond, the person in whose name such Bond is recorded as the beneficial owner of
such Bond by a Participant on the records of such Participant or such person's
subrogee.
"Bonds" shall mean $5,540,000 General Obligation Bonds, Series
1997A, authorized to be issued by this Resolution.
-3-
Offo
Council Member Vandprhnof moved that the form of Tax
Exemption Certificate be placed on file and approved. Council Member
Lehman seconded the motion. The roll was called and the vote was,
AYES: Baker, Kubbv, Lehman, Norton,
Novick, Thornberry, Vand~rhaef
NAYS: None
Council Member Kubby moved that the form of Continuing
Disclosure Certificate be placed on file and approved. Council Member
Norton seconded the motion. The roll was called and the vote was,
AYES: Baker, Kubby, Lehman, Norton, Novick,
Thornberry, Vanderhoef
NAYS: None
Council Member Norton introduced the following
Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $5,540,000 GENERAL'OBLIGATION BONDS AND LEVYING A
TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member
Lehman seconded the motion to adopt, and the roll being called
thereon, the vote was as follows:
AYES: Novick, Thornberry, Vanderhoef, Baker,
KIJhhy, I Phman, Nnrtnn
NAYS: None
-2-
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery of the Bonds, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
"DTC" shall mean The Depository Trust Company, anew York
corporation, New York, New York.
"Issuer" and "City" shall mean the City of Iowa City, Iowa.
"Notice of Sale" shall mean the official Notice of Sale as published
on October 14, 1997.
"Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Bonds as securities depository.
"Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Bonds as the same shall become due.
"Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Bonds.
"Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
"Registrar" shall mean the City Controller of Iowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Bonds. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Bonds.
· "Representation Letter" shall mean the Blanket Issuer Letter of
Representations from the Issuer to DTC, with respect to the Bonds on file at DTC.
-4-
"Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Treasurer and delivered at the time of issuance and
delivery of the Bonds.
"Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment of the Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax: Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Bonds hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in Iowa City, Iowa, to-wit:
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION:
$722,715 1998/1999
$534,156 1999/2000
$520,750 2000/2001
$507,344 2001/2002
$493,938 2002/2003
$480,531 2003/2004
$467,125 2004/2005
$478,650 2005/2006
$463,950 2006/2007
$449,250 2007/2008
$434,550 2008/2009
$419,850 2009/2010
$405,000 2010/2011
$390,000 2011/2012
$375,000 2012/2013
$360,000 2013~014
$345,000 2014/2015
$330,000 2015/2016
$315,000 2016/2017
-5-
(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1, 1997, will be collected during the fiscal year commencing
July 1, 1998).
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution should be filed with the County Auditor of Johnson County, Iowa, and
said Auditor is hereby instructed in and for each of the years as provided, to levy
and assess the tax hereby authorized in Section 2 of this Resolution, in like manner
as other taxes are levied and assessed, and such taxes so levied in and for each of
the years aforesaid be collected in like manner as other taxes of the City are i
collected, and when collected be used for the purpose of paying principal and
interest on said Bonds issued in anticipation of said tax, and for no other purpose
whatsoever.
(c) Additional City Funds Available: Principal and interest coming due at
any time when the proceeds of said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from current funds of the City available for
that purpose and reimbursement shall be made from _such special fund in the
amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and
in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be
known as the "GENERAL OBLIGATION BOND FUND 1997 NO. 2" (the "Bond
Fund"), which is hereby pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafter authorized to be issued; and also there
shall be apportioned to said fund its proportion of taxes received by the City from
railway, express, telephone and telegraph companies and other taxes assessed by the Iowa
State Department of Revenue.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than
accrued interest except as may be provided below shall be credited to the Project Fund
and expended therefrom for the purposes of issuance. Any amounts on hand in the
Project Fund shall be available for the payment of the principal of or interest on the
Bonds at any time that other funds shall be insufficient to the purpose, in which ~vent
such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on
hand in the Project Fund and not immediately required for its purposes may be invested
not inconsistent with limitations provided by law or this Resolution. Accrued interest, if
any, shall be deposited in the Bond Fund.
-6-
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond
Fund, provided for by Section 3 of this Resolution shall be invested in investments
permitted by Chapter 12B, Code of Iowa, 1997 (formerly Chapter 452, Code of Iowa, as
amended) or deposited in financial institutions which are members of the Federal Deposit
Insurance Corporation and the deposits in which are insured thereby and all such deposits
exceeding the maximum amount insured from time to time by FDIC or its equivalent
successor in any one financial institution shall be continuously secured by a valid pledge
of direct obligations of the United States Government having an equivalent market value.
All such interim investments shall mature before the date ogwhich the moneys are
required for payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of
$5,540,000, shall be issued pursuant to the provisions of Section 384.25 of the City
Code of Iowa for the aforesaid purpose. The Bonds shall be designated
"GENERAL OBLIGATION BOND", be dated November 1, 1997, and bear
interest from the date thereof, until payment thereof, at the office of the Paying
Agent, said interest payable on June l, 1998, and semiannually thereafter on the 1st
day of December and June in each year until maturity at the rates hereinafter
provided.
The Bonds shall be executed by the manual or facsimile signature'of the
Mayor and attested by the manual or facsimile signature of the Clerk, and
impressed or printed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, if any, shall be payable at the office of the Paying Agent by mailing of a
check to the registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 or multiples thereof. The Bonds shall mature and bear
interest as follows:
-7-
Interest
Rate
Principal Maturity
Amount June 1st
4.875%
4.875%
4.875%
4.875%
4.875%
4.875%
4.900%
4.900%
4.900%
4.900%
4.900%
4.950%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
5.000%
$290,000 1999
275,000 2000
'275,000 2001
275,000 2002
275,000 2003
275,000 2004
275,000 2005
300,000 2006
300,000 2007
300,000 2008
300,000 2009
300,000 2010
300,000 2011
300,000 2012
300,000 2013
300,000 2014
300,000 2015
300,000 2016
300,000 2017
(b) Redemption. Bonds maturing after June 1, 2006, may be called for
redemption by the Issuer and paid before maturity on said date or any date
thereafter, from any funds regardless of source, in whole or from time to time in
part, in any order of maturity and within an annual maturity by lot. The terms of
redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by ordinary mail to the
registered owner of the Bond. Failure to give such notice by mail to any registered
owner of the Bonds or any defect therein shall not affect the validity of any
proceedings for the redemption of the Bonds. All bonds or portions thereof called
for redemption will cease to bear interest after the specified redemption date,
provided funds for their redemption are on deposit at the place of payment.
-8-
If selection by lot within a maturity is required, the Registrar shall designate
the bonds to be redeemed by random selection of the names of the registered
owners of the entire annual maturity until the total amount of bonds to be called
has been reached.
Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name
of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond
registered in the name of Cede & Co. shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Bonds at the address indicated in or pursuant to the Representation
Letter.
Section 6.2. The Bonds shall be initially issued in the form of separate single
authenticated fully registered bonds in the amount of each separate stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the
registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as
nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its
nominee) as the sole and exclusive owner of the Bonds registered in its name for the
purposes of payment of the principal or redemption price of or interest on the Bonds,
selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or
required to be given to registered owners of Bonds under the Resolution of the Issuer,
registering the transfer of Bonds, obtaining any consent or other action to be taken by
registered owners of the Bonds and for all other purposes whatsoever; and neither the
Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary.
Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or
obligation to any Participant, any person claiming a beneficial ownership interest in the
Bonds under or through DTC or any Participant, or any other person which is not shown
on the registration books of the Paying Agent and Registrar as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant; with respect to the payment by DTC or any Participant of any amount in
respect of the principal or redemption price of or interest on the Bonds, with respect to
any notice which is permitted or required to be given to owners of Bonds under the
Resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect to any
consent given or other action taken by DTC as registered owner of the Bonds. The
Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on
the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such
payments shall be valid and effective to fully satisfy and discharge the Issuefs obligations
with respect to the principal of and premium, if any, and interest on the Bonds to the
-9-
extent of the sum or sums so paid. No person other than DTC shall receive an
authenticated Bond for each separate stated maturity evidencing the obligation of the
Issuer to make payments of principal of and premium, if any, and interest. Upon delivery
by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with Section 6.6 hereof.
Section 6.3. In the event the Issuer determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify
DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of
the availability through DTC of Bond certificates. In such event, the Bonds will be
transferable in accordance with Section 6.6 hereof. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the Issuer
and the Paying Agent and Regismr and discharging 'its responsibilities with respect
thereto under applicable law. In such event the Bonds will be transferable in accordance
with Section 6.6 hereof.
Section 6.4. Notwithstanding any other provision of the Resolution to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to the principal of and premium, if any, and interest on
such Bond and all notices with respect to such Bond shall be made and given,
respectively to DTC as provided in the Representation letter.
Section 6.5. In connection with any notice or other communication to be provided
to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any
consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and
Registrar, as the case may be, shall establish a record date' for such consent or other action
and give DTC notice of such record date not less than 15 calendar days in advance of
such record date to the extent possible. Notice to DTC shall be given only when DTC is
the sole Bondholder.
Section 6.6. In the event that any transfer or exchange of the Bonds is permitted
under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon
receipt by the Registrar from the registered owners thereof of the Bonds to be transferred
or exchanged and appropriate instruments of transfer to the permitted transferee. In the
event Bond certificates are issued to holders other than Cede & Co., its successor as
nominee for DTC as holder of all the Bonds, or other securities depository as holder of all
the Bonds, the provisions of the Resolution shall also apply to, among other things, the
printing of such certificates and the method of payment of principal of and interest on
such certificates.
-10-
Section 6.7. The officers of the Issuer are hereby authorized and directed to
prepare and furnish to said purchaser, and to the attorneys approving the legality of said
Bonds, certified copies of such proceedings, ordinances, resolutions and records and all
such certificates and affidavits and other instruments as may be required to evidence the
legality and marketability of said bonds, and all certified copies, certificates, affidavits
and other instruments so furnished, including any heretofore furnished, shall constitute
representations of the Issuer as to the correctness of all facts stated or recited therein.
Section 7. Registration of Bonds; Appointment of Registrar; Transfer: Ownership:
Delivery; and Cancellation.
(a) Registration. The ownership of Bonds may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership of the Bonds, and in no other way. The City Controller is hereby
appointed as Bond Registrar under the terms of this Resolution. Registrar shall
maintain the books of the Issuer for the registration of ownership of the Bonds for
the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is
to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Bond (other than a registered
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
Bond, a new fully registered Bond, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unmatured
and unredeemed principal amount of such transferred fully registered Bond, and
bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the
Bonds, the Registrar shall register, at the earliest practicable time, on the
-11-
Registration Books, the Bonds, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership.
of the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Bonds and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid.and effectual
to satisfy and discharge the liability upon such Bond, including the interest
thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be
reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by
the Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check
representing payment of principal of or interest on the Bonds is returned to the
Paying Agent or if any bond is not presented for payment of principal at the
maturity or redemption date, if funds sufficient to pay such principal of or interest
on Bonds shall have been made available to the Paying Agent for the benefit of the
owner thereof, all liability of the Issuer to the owner thereof for such interest or
payment of such Bonds shall forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty of the Paying Agent to hold such
funds, without liability for interest thereon, for the benefit of the owner of such
Bonds who shall thereafter be restricted exclusively to such funds for any claim of
whatever nature on his part under this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation to hold such funds shall continue
for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Bonds of whatever nature shall be
made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each
owner, at the Issuer's expense, one bond for each annual maturity. The Registrar
shall furnish additional bonds in lesser denominations (but not less than the
minimum denomination) to an owner who so requests.
-12-
Section 8. Reissuance of Mutilated. Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Bond of like tenor and amount
as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
or its agent may prescribe and paying such expenses as the Issuer may incur in connection
therewith. .
Section 9. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on the books of the Registrar on
the 15th day of the month preceding the payment date. All such payments shall fully
discharge the obligations of the Issuer in respect of such Bonds to the extent of the
payments so made. Payment of principal shall only be made upon surrender of the Bond
to the Paying Agent.
Section 10. Execution. Authentication and Delivery of the Bonds. Upon the
adoption of this Resolution, the ~Mayor and Clerk shall execute and deliver the Bonds to
the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of
the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to
any right or benefit hereunder unless the Registrar shall duly endorse and execute on such
Bond a Certificate of Authentication substantially in the form of the Certificate herein set
forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be
conclusive evidence that the Bond so authenticated has been duly issued under this
Resolution and that the holder thereof is entitled to the benefits of this Resolution.
· Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered bondholder.
-13-
Section 12. Form of Bond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
(6) I i (6) I
(7) I I (8) I
(1)
I <2> I I (3> I I <4> I I <~> I
(9)
[ (9a) I
(10)
(Continued on the back of this Bond)
I (11)(12)(13) I I (14) I I (15) I
FIGURE 1
(Front)
-14-
(lO)
(Continued)
(16)
(17)
FIGURE 2
(Back)
-15-
The text of the Bonds to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1
"STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION BOND"
"ESSENTIAL CORPORATE PURPOSE"
Item 2, figure 1= Rate:
Item3, figurel = Maturity:
Item 4, figure 1= Bond Date: November 1, 1997
Item 5, figure 1= Cusip No.:
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate No.
Item 8, figure 1= Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter
provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of(principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of the City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable on
June 1, 1998, and semiannually thereafter on the 1st day of December and June in each
year.
Interest and principal shall be paid to the registered holder of the Bond as shown
on the records of ownership maintained by the Registrar as of the 15th day of the month
next preceding such interest payment date. Interest shall be computed on the basis of a
360-day year of twelve 30-day months.
This Bond is issued pursuant to the provisions of Section 384.25 of the City Code
of Iowa, for the purpose of paying costs of improvements and extensions to the Municipal
-16-
Water Utility, in conformity to a Resolution of the Council of said City duly passed and
approved.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent
for registration of transfer, exchange or payment, and any certificate issued is registered
in the name of Cede & Co. or such other name as requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other entity as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Bonds maturing after June 1, 2006, may be called for redemption by the Issuer and
paid before maturity on said date or any date thereafter, from any funds regardless of
source, in whole or from time to time in part, in any order of maturity and within an
annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date
of call.
Thirty days' notice of redemption shall be given by ordinary mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the
bonds to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of bonds to be called has been reached.
Ownership of this Bond may be transferred only by transfer upon the books kept
for such purpose by the City Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this Bond at the office of the Registrar as
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered bondholders of such change. All bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31
of the Code of Iowa, subject to the provisions for registration and transfer contained in the
Bond Resolution.
-17-
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Bond, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Bond as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
payment hereof, both principal and interest; and the total indebtedness of the Issuer
including this Bond, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to
be signed by the manual signature of its Mayor and attested by the manual signature of its
City Clerk, with the seal of said City impressed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, the City Controller,
Iowa City, Iowa.
Item 11, figure
Item 12,. figure
Date of authentication:
This is one of the Bonds described in the within mentioned
Resolution, as registered by the City Controller.
CITY CONTROLLER, Registrar
By:
Authorized Signature
Item 13, figure 1 = Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF IOWA CITY, IOWA
By: (manual signature)
Mayor
-18-
ATTEST:
By: (manual signature)
City Clerk
Item 16, figure 2 = It is certified that the following is a correct and complete copy
of the opinion of bond counsel issued as of the date of delivery of the issue of which this
Bond is a part.
(manual/facsimile signature)
City Clerk
[Opinion of Bond Counsel]
Item 17, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
· For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. )
the within Bond and does hereby irrevocably constitute and appoint attorney
in fact to transfer the said Bond on the books kept for registration of the within Bond,
with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or bond(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
-19-
accordance with the prevailing standards and procedures of the Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the Bond is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
The following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM -
TEN ENT -
JT TEN
as tenants in common
as tenants by the entireties
as joint tenants with right of survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT -
............ Custodian ............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act ...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE ABOVE LIST
Section 13. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the purchaser of the Bonds.
-20-
Section 14. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds from the issuance and sale of the
Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage
bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the
United States, as amended, and that throughout the term of the Bonds it will comply with
the requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a manner that would cause the
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to
certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 15. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part~ of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Bonds or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific performance
by court order, to cause the Issuer to comply with its obligations under the Continuing
Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any
person which (a) has the power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, any Bond (including persons holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any
Bonds for federal income tax purposes.
Section 17. Additional Covenants, Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Bonds from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
-21-
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as
defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such
sums of money representing required rebates of excess arbitrage profits relating to the
Bonds; (e) file such.forms, statements and supporting documents as may be required and
in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ
and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in
such compliance.
Section 18. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Bonds if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Bonds under applicable Federal law or regulations.
Section 19. Repeal of Conflicting Resolutions or Ordinances. That all ordinances
and resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this //~ day of
,1997.
ATTEST:
PGOODRIC\ 111175\1\107 i 4044
-22-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA
COUNTY OF JOHNSON
)
) ss
)
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said law
and with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
city offices as indicated therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of said Municipality hereto affixed this 12th
day of November , 1997.
City Clerk, Iowa City, Iowa
SEAL
PGOODRIC\82569\I\ 107 14044
Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5253
RESOLUTION NO. 97-380
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A'I-rEST 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 October 31, 1997.
WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need for a fifth
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 fifth
extension of the FY97 Agreement for a period of thirty days, to November 30, 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 11th day of November
,1997.
CIT'YX3LERK
jccogtp\res\paratra5.doc
MAYOR
City Attorney's Office
Resolution No, 97-380
· Page 2
It was moved by Kubb.y and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Extension Agreement for FY97 Paratransit Service Between the
City of Iowa City and Johnson County
s
This extension agreement is made and entered into by and between the City of Iowa~Oi~, Iow~a0'~ ~7'AT£
and Johnson County, Iowa. /~J~ ~8 8 00
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 October 31, 1997; and
WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need for a fifth
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 thirty (30) calendar days to
November 30, 1997.
For the extension of the FY97 paratransit service agreement from November 1, 1997 to
November 30, 1997, Johnson County shall be reimbursed $47;182 by the City of Iowa
City. All fares collected over $2,567 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 /Uo~,~- ,1997.
CITY OF IOWA CITY, IOWA
BY: Na/~mi j. ~ov,~,' Mayor
ATTEST:
City'Clerk
Approved by:
/~J~OH NSON C~UNTY, IOWA
By: /~2:,&/4'~/~/'2'~2~
'Sally StutsYnan, Ohairperson
Board of Supervisors
Oounty Auditor
City Attorney's Office
Page 2
CITY Of IOWa CITY ACKNOWLEDGMENT
STATE Of IOWa )
) SS:
JOHNSON COUNTY )
On this // day
of
19 ?7 before me,
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 ~orp?r~ation, by
authority of its City Council, as contained in (Ordinanoc) (Resolution) No. ?7- 3 ;~0 passed
by the City Council, on the // -~- day of ,~,,,~,~_~ , 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 tl~e State of Iow~.
JOHNSON COUNTY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSONCOUNTY )
O~,/~.,r~this Z~ . _ dj~y of ~'~ ' , 19 ~, before me,
.~/'.,-'/ .~'-~ ,/~.7~--~-X.~ , a ~o~ry publi(; in and for the State of
Iowa, pers~'nally appeared Sally Stutsman and-'~"~ ~-~,~.c¢~, of the County Auditor's
Office, to me personally known, and, who, being by me d.~sworn, did say that they are the
Chairperson of the Board of Supervisors and -,/~; , 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 S.u_.~isors, as contained in t!)e Motion adopted by the Board of
Supervisors, on the ,/~ ',~ day .of //~'~.-t_/ , 19 ~---, and Sally
Stutsman and~'o-)~ ,.~4~t._,~. ~ 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 Publid'in and for the State of Iowa
jccogtp~agt~,oaratr6.doc
PAUL D. PATE
SECRETARY OF STATE
November 18, 1997
HOOVER BUILDING
STATE OF IOWA
DES MOINES, IOWA 50319
TEL (515) 281-5204
FAX (515) 242-5953
Marian K Karr
City Clerk
410 E Washingon St
Iowa City, IA 52240-1826
RE: Filing of 28E Agreement between the City of Iowa City
and the Johnson County
Dear Ms. Karr:
We have received the above described agreement which
you have submitted to this office for filing, pursuant to
the provisions of Chapter 28E, Code of Iowa.
You may consider the same filed as of November 18,
1997.
Sincerely,
Paul D. Pate
Secretary of State
PDP/kfw
Enclosures
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, tl~ere is an existing 28E agreement for FY97 paratransit service between the City of
Iowa City and J~nson County; and
WHEREAS, the p~es have extended said agreement to Oct, ober 31, 1997; and
WHEREAS, ongoing~egotiations for FY98 paratransit servic~ have produced the need for a fifth
extension to the FY97 ~,r~ement; ~d
WHEREAS, Section IV, ~,Duration, of the FY97 agreement permits extensions of the current
agreement by mutual agreb~'nent of the parties. /
NOW THEREFORE, it is agr~d by and between the Cid/of Iowa City and Johnson County: wa
1. That the existing 28E a'~eement for FY97 p~ratransit service between the City of Io
City and Johnson County~.s hereby extend0d for a period of thirty (30) calendar days to
November 30, 1997. \ /
- \
2. For the extension of the FY9~/\paratran.s~i't service agreement from November 1, 1997 to
November 30, 1997, Johnson ~ounty/~hall be reimbursed $47,182 by the City of Iowa
City. All fares collected over $2,5~,ball be returned to the City of Iowa City.
3. In all other respects, the terms of/~ e FY97 28E agreement for paratransit service shall
remain in effect.
This extension agreement represent, F"the entireextension agreement between the City of Iowa
City and Johnson County for paratrahsit service. !,t may be amended only by a written instrument
signed by all parties.
Dated this day of ,,-
/
CITY OF IOWA CI'I~,Y, IOWA
Naomi J. Novick, or
/
/
ATTEST: /
",..,,JOHNSON COUNTY, IOWA
By:
Sally ~3tutsman, Chairperson
Board d~.,Supervisors
ATTEST:
County Auditor
Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142
RESOLUTION NO. 97-381
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 NNW, INC. OF IOWA CITY TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE RIVER STREET
RECONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City desires to reconstruct the River Street pavement from WooIf
Avenue to Riverside Drive and install water main and storm sewer facilities; and
WHEREAS, the City of Iowa City desires to contract for the following relative to the project:
design, letting services, project administration and construction inspection; and
WHEREAS, an Agreement for professional engineering services has been negotiated with
NNW, Inc. of Iowa City, Iowa; and
WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc.
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, in duplicate.
Passed and approved this ].lth day of Novernbe~'
,1 997.
pweng\riverst.wp5
Approved by
City Attorney's Office
MAYOR
Resolution No. 97-381
Page 2
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
, X
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this // *~ day of
, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter
referred to as the City and NNW. Inc. of Iowa City , hereinafter referred to as
the Consultant.
WHEREAS, the City desires to reconstruct River Street from WooIf Avenue to Riverside Drive including
the installation of storm sewer and watermain facilities. This agreement includes the design and
preparation of bidding documents, letting services, project administration and construction inspection.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with
the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory
manner.
Work shall begin immediately on the Design Phase.
A. Design Phase:
1. The City will provide aerial survey data to supplement University survey data. The
Consultant shall make cursory topographic survey of area primarily for utility location;
2. Meet with City staff, appropriate City Commissions, University Staff and neighborhood
groups to determine aesthetic and neighborhood considerations for the project;
3. Determine necessary Right-of-Way requirements and construction easements required
for the project and provide plats with legal descriptions of each parcel.
4. Evaluate the project for compliance with the Sensitive Areas Ordinance. Prepare a
summary of the findings;
5. Design of project staging and traffic control;
6. Design of geometric layout including jointing details, spot elevations and intersection
layout;
7. Design of storm drainage system including outlet system to the Iowa River;
8. Design of existing watermain replacement including securing IDNR Permit for watermain;
9. Prepare detailed plans, specifications, contract documents and engineer's estimate
required for City of Iowa City letting. Project Specifications shall include 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 issue) as a guide;
10. Provide necessary prints and calculations for review by City;
11.
12.
13.
Obtain permit from Coq~s of Engineers for outletting storm water into Iowa River;
Obtain flood plain development permit from the City's Development Regulations
Specialist regarding work in the flood plain;
Organize and hold the City's preconstruction meeting to be held with the successful
bidder to answer technical questions regarding construction of the project.
Letting Services:
Print and Distribute plans and specifications to contractors and plan rooms. For budget
purposes it is estimated that fourty 24x36 plan sets and specifications will be duplicated
and distributed. A non-refundable deposit may be charged to the contractors to recover
the actual cost of printing the plans and specifications;
Assist in the preparation of the formal Notice of Hearing and Letting. Publication costs
shall be borne by the City. Prepare and disseminate an informal notice to contractors
concerning the upcoming project.
Answer questions from contractors prior to letting and issue addenda as appropriate to
interpret, clarify or expand the bidding documents;
Be present when bids and proposals are opened, make tabulation of the bids for the City,
and recommend award of contract to City.
After the award is made, assist in assembling the contract documents for the project
included herein.
Project
1.
2.
o
o
Administration Phase:
Provide project administration;
Prepare field alignment and elevation information and provide construction staking one
time for each stage;
Make timely visits to the project during the course of construction;
Negotiate, prepare, and obtain approval of all change orders required by the
construction, including submission of verification information;
Conduct weekly construction meetings;
Review monthly pay estimates and submit to City Engineer with recommendations;
Keep public information board on site up-to-date. (Board shall be furnished and erected
by City.);
Have available at site, in office, or by phone or pager 24 hrs./day a full time
representative who can answer citizen's inquiries;
Keep project material, labor and inspection records;
10.
11.
12.
13.
14.
15.
Upon completion of the project, determine final contract quantities and submit final pay
estimate to the City;
Prepare certifications of completion for City Council acceptance;
Attend necessary meetings of the City Council and Neighborhood Association both
during the course of construction and at the time of final project acceptance;
Prepare as-built drawings;
Provide City with mylar copy of as-built drawings;
Review detailed shop and erection drawings submitted by the contractor for compliance
with the design concept of the proposed project.
Construction Inspection Phase:
1. Provide full-time on-site inspection and documentation utilizing a technician or engineer
experienced in the inspection and construction of concrete pavement;
2, Provide assurance construction is substantially in accordance with the plans and
specifications;
3. Provide certified concrete inspector as required;
4. Provide City with copies of daily diary entries and results of materials testing and
certification,
E. Special Services
Preparation of elementary sketches and supplementary sketches required to resolve
actual field conditions encountered;
Assist the City as expert witness in litigation arising from the development of construction
of the project and in hearings before various approving and regulatory agencies.
II. TIME OF COMPLETION
The intent of the City is to begin construction during the spring or summer of 1998. The Consultant shall
strive to complete the following phases of the Project in accordance with the schedule shown.
Final Plan Phase - Submit Check Plans to City - January 15, 1998.
Submit Final Plans to City - February 5,1998.
Project Administration and Construction Inspection Phase - The target Letting Date for this
project is March 3, 1998
III. GENERAL TERMS
The Consultant shall not commit any of the following employment practices and agrees
to prohibit the following practices in any subcontracts.
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.
To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, marital status, sexual orientation or gender identity.
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 "amount not to exceed" amount listed in Section IV. 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 Proj'ect shall be as an independent contractor and shall be exclusive, the
Consultant shall have the right to employ such assistance as may be required for the
performance of the Project.
Eo
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 said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these
records and files.
Fo
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 ensure 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 any other
data prepared or obtained by the Consultant pursuant to this Agreement without cost,
and without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event, the Consultant shall not be liable for the City'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.
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.
4
Ko
Lo
Should any section of this Agreement be found invalid, it is agreed that the remaining
portion shall be deemed severable from the invalid portion and continue in full force and
effect.
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 filling use.
Fees paid for securing approval of authorities having jurisdiction over the Project will be
paid by the City,
IV.
COMPENSATION FOR SERVICES
The City agrees to pay for services stated in this agreement on an hourly basis at the hourly
rates shown in Appendix A, attached hereto, with a maximum not to exceed amount for each
phase:
A.
B:
C&D.
Final Plan Phase: Fifty Eight Thousand Six Hundred dollars ($58,600.00).
Letting Services: Five Thousand One Hundred dollars ($5,200.00)
Project Administration Phase and Construction Inspection Phase: a combined maximum
not to exceed of Fifty Five Thousand Four Hundred dollars ($55,400.00).
MISCELLANEOUS
All provisions of the Agreement shall be reconciled in accordance with the 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 is the entire Agreement, and that no other monies or
considerations have been solicited.
Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of
insurance meeting the requirements 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 for the City to immediately cancel the Agreement and/or to halt work on
the project, and to withhold payment for any work performed under the Agreement. 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:
1. Comprehensive General Liability Each Occurrence Aggregate
(a) Bodily Injury $250,000.00 $500,000.00
(b) Property Damage $100,000.00
Motor Vehicle Liability and
Property Damage Insurance
Bodily Injury
(b) Property Damage
Per Person Per Accident
$250,000.00 $500,000.00
$100,000.00
Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
FOR THE CITY
Title:
Date:
FOR THE CONSULTANT
Date: /~/~"-/~ ~'
/~. Koproved By_ .
City Attorney's ~3ffi~e.
APPENDIX A
NNW, INC.
ENGINEERING SERVICES
Provided for
THE CITY OF IOWA CITY
PROFESSIONAL COMPENSATION
The fee for professional services shall be based upon the following hourly rates for services by
principals, employees, and/or sub-consultants assigned to the project.
1. Labor Rates
Description
Principal Structural Engineer
Structural Engineer (Grade 7)
Structural Engineer (Grade 6)
Structural Engineer (Grade 5)
Draftsman/Technician
Clerical
Ra~/Hour
$80.00
$65.00
$55.00
$45.00
$30.00
$25.0O