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HomeMy WebLinkAbout1998-03-24 ResolutionPrepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5031 RESOLUTION NO. 98-100 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 7, 1998 ON AN ORDINANCE VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. WHEREAS, the City of Iowa City is the owner of property where Benton Street was formerly located between the Iowa River and Riverside Drive; and WHEREAS, the City of Iowa City does not need this property as it is no longer used as a public street; and WHEREAS, Linder Tire Service is located directly north of this property; and WHEREAS, the owners of the parcel on which Linder Tire Service is located have indicated a willingness to convey property to the City of Iowa City for a trail along the Iowa River in exchange for the City conveying to them an approximately equal amount of the former Benton Street right-of-way which is located directly south of and adjacent to Linder Tire Service; and WHEREAS, it would be in the public interest to vacate a portion of former Benton Street which is directly south of Linder Tire Service and convey it to the owner of that parcel in exchange for an approximately equal amount of property along the Iowa River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on said ordinance should be and is hereby set for April 7, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 24th day of Narch ,1998. City Attorney's Office Resolution No. 98-100 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff McClure, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 98-101 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT AND WEST PEPPERWOOD RELIEF SEWER 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 7th day of April, 1998, 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 24th day of ATTEST:~ ~ March ,19 98 .ved b pweng\res\watepave.doc Resolution No. 98-101 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff McClure, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 98-102 RESOLUTION SE'I'!'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT -- BURLINGTON STREET TO NAPOLEON PARK, 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 7th day of April, 1998, 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 24th ATTEST:Ci~,~ERK~ '~' day of March ,19 98 AYOR ' ,~ _2 APP~~3_/~, City Attorney's Office pweng~res\irctproj .doc Resolution No. 98-102 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 98-103 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE I IMPROVEMENTS, 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-named improvements is to be held on the 7th day of April, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named improvements 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. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named improvements is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 24th ATTEST:~K_.~ ;~. 2~_,-~,,) It was moved by Thornberry and seconded by adopted, and upon roll call there were: day of March , 1998. City Attorney's Office Norton the Resolution be AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\ctstext,doc Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-104 CONSIDER A RESOLUTION OF INTENT TO CONVEY 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT AND SETTING A PUBLIC HEARING FOR APRIL 7, 1998. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership program; and WHEREAS, the Tenant has agreed to purchase the property for the appraised value of the property; and WHEREAS, the participants of the Iowa City public housing programs and the citizens of Iowa City would benefit from the proposed disposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in 1417 Pine Street, also described as Lot 45, Block 3, Second Highland Development Addition, to the Tenant for the sum of $79,000 for the purpose of home ownership. The public hearing on said disposal should be and hereby is set for April 7, 1998, at 7 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to file notice of public hearing to be published as provided by law. Passed and approved this 24th day of March ,1998. ATTEST:C~ ,~- Gity Attorney's OffiGe hisadminfres/1417pine.doc Resolution No. 98-104 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Council Nlember D-c ~nDerry moved that the form of Tax Exemption Certificate be placed on file and approve& Council Member Norton seconded the motion. The roll was called and the vote ~vas, AYES: Vanderhnef, Champinn, Kuhby, Lehman. Norton, O'Donnell, Thornberry NAYS: Council Member Thcrnberry mo`"ed 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 ,,'ote ',,.as, AYES: Va:de~hoef, Champion, Kubby, Lehman, Nor;on, O'Donnell, Thornberry NAYS: Nc':e Council Member ri~nrnhPr~y introduced the following Resolution entitled "RESOLL'TT. ON AUTHORIZING AND PROVIDEN'G FOR THE ISSUANCE OF 58,500,000 GENYRAL OBLIGATION BONDS AND LEVYI'NG A T:tX TO PAY SAID BONDS" and moved that it be adopted. Council Member O' Dennel 1 seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Thorrl:efFy, Vanderhcef, Chainsion, Lehmar, r4mrton, O'Donnell NAYS: N .: n e -2- Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 98-105 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT· WHEREAS, the City of Iowa City has undertaken a project to construct the Iowa River Corridor Trail - Burlington Street to Napoleon Park Project ("Project"); and WHEREAS, the Project includes acquisition of property rights for the construction of a ten foot (10') wide asphalt and concrete trail in order to provide a 2.6-mile segment of the Iowa City, Coralville, and North Liberty trail system; and WHEREAS, the City has determined the location of the Project; and WHEREAS, the City Council previously passed Resolution No. 97-242, authorizing the acquisition of permanent and temporary construction easements for the Project; and WHEREAS, it would be in the public interest to acquire some of the necessary property as right-of-way in fee simple; and WHEREAS, City staff should be authorized to acquire said property rights at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Iowa River Corridor Trail - Burlington Street to Napoleon Park Project ("Project"). The City Council further finds that acquisition of said property rights constitutes a valid public purpose under state and federal law. The City Manager or designee is hereby authorized and directed to negotiate the .purchase of property rights by warranty deed, quit-claim deed, and/or easement for the construction, operation, and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest agreements and easement agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 98-105 Page 2 4. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of any and all property rights necessary to fulfill the functions of the Project, as required by law. Passed and approved this 24th day of March , 1998. ATTEST:CiT~L%'~RK ~' 9~'_4~y) City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by Norton AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be dennis\public. wks\irctres,doc Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-106 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'R'EST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Rehabilitation Agreements, two Promissory Notes and two Mortgages for a total amount of $19,180.00, executed by the owner of 1531 Plum Street on July 9, 1993, and recorded on July 23, 1993 in Book 1585 Page 289 through 300 and dated on September 16, 1994, and recorded on September 26, 1994 in Book 1816 Page 99 through 118 in the Johnson County Recorder's Office covering the following described real estate: Lot One hundred eighty-nine (189) in Part Five, Plum Grove Acres Subdivision, Iowa City, Iowa according to the plat thereof recorded in Plat Book 2, Page 77A, Plat Records of Johnson County, Iowa, WHEREAS, the balance of the City's lien totals $19,180.00; and WHEREAS Hills Bank and Trust Company, Hills, Iowa proposes to give a new first mortgage in the amount of $63,375.00 to the owner of 1531 Plum Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loans held by the City be subordinated to the lien of the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgages to Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Resolution No. 98-106 Page 2 Passed and approved this 24th A'I'TEST:Ci/-7'T~LER~K-~ ~ day of March ,1998. Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab\res\1531 plum,doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, Hills Bank and Trust Company Of Hills, Iowa , herein the Financial Institution. and WHEREAS, the City is the owner and holder of a certain rehabilitation loans which at this time are in the amount of $ 19,18o. 0o and were executed by Sharon Lisa Wright (herein the Owner), dated July 9 ,19 93 ,recorded July 23 , 1993., in Book 1585, Page 289 through 3o0 , and dated September 16 1994 recorded Septe~'~r 26 ' , 1994 , in Book 1816, Page _99 .'througl~ 118 .., Johnson County Recorders Office, covedng'~e following described real property: Lot One hundred eighty-nine (189) in Part Five, Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, Page 77A, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 63,375.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan 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 rehabilitation loan 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. 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. 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 rehabilitation loan of the City. 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 ~p ,.~ -,-/-v day of NV_krc(-, , 19 ~ e, Mayor Attest: FINANCIAL INSTITUTION By r ~ Z_.> . ~ . ~;',~ St, eve C_~z:clon, Second Vj, ce City~erk ,~. '/~_-4_,4J CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of Trlc.4-~.z,, 199,1% before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~rn~ /-d. ] e~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (drdi,,ance:~ (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ¢;~-/-E day of /vt~c4 19 ?~ and that Eeq~=~4- c-,.). Z.,~Jun~e,- and Marjan 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 9th day of March , A.D. 19 98 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tim D. Finer and Steve Gordon , to me personally known, who being by me duly sworn, did say that they are the vice President and Second Vice President respectively, of said corporation executing the within and foregoing instrument to whic!~ 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 Tim D. Finer and Steve Gordon as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the of Iowa Carol S. Fritz Commission Expires: 9/29/98 ppdcdbg~suDrdntn.agt Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-107 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 811 HUDSON AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note in the form of a Statement of Life Lien for the amount of $2,500.00, executed by the owner of 811 Hudson Avenue on October 7, 1987, and recorded on October 13, 1987 in Book 983 Page 113 in the Johnson County Recorder's Office covering the following described real estate: The South 50 feet of Lots 35 & 36 and the south 50 feet of the east one-half of Lot 37, in Bailey & Beck's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 161, Plat Records of Johnson County, Iowa, WHEREAS, the balance of the City's lien totals $2,500.00; and WHEREAS the University of Iowa Community Credit Union, Iowa City, Iowa has refinanced a new first mortgage on February 26, 1998 in the amount of $45,000.00 to the owner of 811 Hudson Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Promissory Note held by the City be subordinated to the lien of the proposed mortgage in order to induce the University of Iowa Community Credit Union to make such a loan; and WHEREAS, the University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to the University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and the University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 98-107 Page 2 Passed and approved this ?4th ATTEST: ~ ~ ClTY"GLERK dayof March ,1998. Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdrehab\res\81 lhuds.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City. of Iowa City, herein the City, and ._.£hixm_rs~ty of Icma Ctmmnity Cu~t 133/m of I~ City, :kx~a . herein the '~nar~ci-ai Institution. WHEREAS, the City is the owner and holder of a certain Stataamt of Life [/at which at this time are in the amount of $ 2,500.00 and were executed by Julia A. Po,/ley. F/K/A~l~ A~. (herein the Owner), dated 10/7/1987 1987 . recorded _10/13/87,lm'~in , 1~137 , in Book 983 , Page 113 ' through _, Johnson County Recorder's Office, covedng the following described real property: thm-eof r~mrded in Pcok 3, Page 161, Plat Beccurds of Jd-mscn C~, Io~. WHEREAS, the Financial Institution proposes to loan the sum of $45,000.00 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 loan, it is necessary that the Stat~a~ e= ,+. of Life Li6!a_ held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination, The City hereby covenants and agrees with the Financial Institution that the above noted ~'of Life Lia-z 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 Frfty Dollars ($150.00) and other good and valuable consideration for it~ act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Sta~rra~b of T_~fe T,~ of the City. o Binding EffecL This agreement shall be binding upon and inure to the benefit of the respective heirs, legal rel:~esentatives, successors, and assigns of the parties hereto. Dated this 26~h day of [~=,sL-ua_~ , 19 96 Mayor Attest: FINANCIAL INSTITUTION David Van Dusseldorp ,/~'~ Ican Offi~_~r CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~A day of ~rck Notary Public in and for the State 199-1-;', before me, the undersigned, a Iowa. personaJly appeared ~'rn~s~- ~.). LeA,~,, and Marian K. Karr, to me pemonally known, and, who, being by me duly swom, did ~ay that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that [he seal affixed to the foregoing inetrument i~ the corporate seal of the corporation, and that the in~'b'ument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (O~linanee).(Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. - of City Council on the ~;~' day of /T~-A , 19 ?~ , and that ~%,~L. &/.. £~o. and Madan K. Karr acknowledged the execution of the i~str;ument to be their voluntary act and deed and the voluntar~ 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 26U-~ day of ~[-upzy_ , A.D. 19 9~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared l~v-i_cl Van D~sse.tclctq3 and rdmt:~'l¥ [4. A]_l_a'~ , to me personally known, who being by me duly sworn, did say that they are the ~ ~'mr~C~f±oe~' and .°faTr~ vic~ ~ic~nt-. , respectively, of said corporation' executing the within and foregoing instrument to which thL~ 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 · l~h~ TrRr, ('~flr~r and . .S~c~l y~_oe. t~eslc]a~t 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. ,,~, /z~' Prepared by: Doug Boothroy, Director of HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-108 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NOS. AND IAO22VOO020 AND IAO22CEO026 WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Consolidated Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract; and WHEREAS, entering into said Contract would be in the public interest· NOW, THEREFORE, BE IT RESOLVED BY THE LOCAL AUTHORITY THAT: The Consolidated Annual Contributions Contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tern is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Consolidated Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Consolidated Annual Contributions Contract. 3. This Resolution shall take effect immediately. Passed and approved this 24th ATTEST: CIT CL'~~E~K hisasst\cont2026.doc day of March , 1998. City Attorney's Office Resolution No. 98-108 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef onsolidated Annual' ontributions Contract ~ntal Certificate Program ~d Ran tel Voucher Program able of Sections page Detini(ions ................................. 1 Funding for HA Certificate or Voucher Program ....... 2 Term ..................................... 2 HUD Payments for Program ..................... 2 Maximum Payments for Program .................. 2 Reduction of Amount Payable by HUD .............. 2 ACC Reserve Account . . .":'. ;'. ............ '. ..... 2. Separate ACC for Funding Increment ............... 2 Budget and Requisition for Payment ................ 2 3. HUO Requirements ........................... 3 1. Use of Program Receipts ....................... 3 U.S. Department of Housing and Urban Development Office of Public and Indian Housing Section page 2,. Administrative Fee Reserve .................... 3. Depositary ................................ 3 4. Program Records ............................ 3 5. Default by HA .............................. 3 6. Fidelity Bond Coverage ....................... 7. Exclusion from Program ...................... 4 8. Conflict of Interest Provisions .; ................ 9. Interest of Member of or Delegate to Congress ...... 20. Exclusion of Tl~ird Party Rights .................. 4 21. Consolidated ACC ........................... 4 , Definitions ACC. Annual contributions contract. ACC Reserve Account. An account established by HUD for a program from amounts by which the maximum payment to the HA under the consolidated ACC (during an HA fiscal year) exceeds the amount actually approved and paid. This account is used as the source of additional payments for the program. Annual Contributions Contract. The contract for each funding increment. HUD's commitment to make payments for each funding increment ("project") listed in the funding exhibit constitutes a separate ACC. Budget Authority. The maximum amount of funCs available for payment to the HA' over the term of a funding increment. Budget authority is authorized and approl;riated . by the Congress. Funding Exhibit. An exhibit to the consolidated ACC. The funding exhibit 'states the amount and term of funding for a program. There are separate funding exhibits for the HA certificate program and voucher program. Funding Exhibit A. The funding exhibit for the HA certificate program. Funding Exhibit B. The funding exhibit for the HA voucher program. Funding Increment (also called a "Project"). Each commitment of bud(jet authority by HUD to the HA for a program under the consolidated ACC. The funding increments for the program are fisted in the program funding exhibit. HA. Housing agency. Consolidated Annoat Contributions Contract (consolidated ACC1. The consolidated contract for the HA certificate program and voucher program. HUD's commitment to make payments for each funding increment in a program constitutes a separate ACC. However, commitments for all the funding increments are listed in this consotidated ACC, Contract Authority. The maximum annual payment by HUD to the HA for a funding increment. The amount of contract authority for each funding increment in a program is listed in the funding exhibit for the program. Fiscal Year. The HA fiscal year. The funding exhibit states the last month and .day of the HA fiscal year. Housing Agency (HA). The agency that has entered this consolidated ACC with HUD. HUD. U.S. Department of Housing and Urban Development. Program. The HA certificate program or voucher program. Program Expenditures. Amounts which may be charged against program receipts in accordance with the consolidated ACC and HUD requirements. Program Receipts. Amounts paid by HUD to the HA for a program, and any other amounts received by the HA in connection with the program. Project. A funding increment for the program. Page 1 of 5 form HUD-52.520 (1 l/g31 Funding for HA Certificate or Voucher Program (a) The funding increments in the HA certificate program or voucher program are listed in the funding exhibit for the program. (b) re~luce to an amount determined by HUD: (1) The amount of the HUD payment for any funding increment. (2) The contract authority or budget authority for any funding increment. The amount of contract and budget authority for each funding increment in a program is stated in the program funding exhibit. (c) By giving written notice to the HA, HUD may revise a funding exhibit: (1) To add a cost amendment project. (2) To remove a project for which the ACC.term has expired. Term (a) The funding exhibit states the first date and last date of the ACC term for each funding increment. lb) If the first or last date of the ACC term for a funding increment is not entered before the consolidated ACC is signed by the HA, HUD may enter the date subsequently, by giving written notice to the HA .. 4. HUD Payments for Program (a) HUD will make payments to the HA for a program in accordance with HUD regulations and requirements. (b) HUD must give HA written notice of the reduction. (c) The HUD notice may include a revised funding exhibit . to state the reduction in the amount ol~ contract authority or budget authority for a funding increment. The notice of a revised funding exhibit, or of revisions to the funding exhibit for a program constitutes an amendment of the consolidated ACC. 7. ACC Reserve Account An ACC reserve account may be established and mai'ntained byHUD. The amount in the account is determined byHUD. The ACC reserve account may be used by HUD to pay any portion of the program payment approved by HUD for a fiscal year. 8. Separate ACC for Funding Increment HUD's commitment to make payments for each funding increment ("project") listed in the funding exhibit constitutes a separate ACC. (c) For each HA fiscal year, HUD will pay the HA the amount approved by HUD to cover: (1) 'Housing assistance payments by the HA for a program. (2) HA fees for administration of the program. The amount of the HU.D payment may be reduced, as determined by HUD, by the amount of program receipts (such as interest income) other than the HUD payment. 5. Maximum Payments for Program 9. Budget and Requisition for Payment Annual Limit Except for payments from the consolidated ACC reserve account, the HUD annual payments for a program during a fiscal year must not be more than the sum of the contract authority amounts for the funding increments in the program. ' (a) (b) 'Limit on Payments for Funding Increment The total amount of payments for any funding increment over the increment term must not exceed budget authority for the funding increment. Reduction of Amount Payable by HUD [a) If HUO determines that the HA has failed to comply with any obligations under the consolidated ACC, HUD may (b) (c) Page 2 of 5 Each fiscal year, the HA must submit to HUO an estimate of the HUD payments for the program. The estimate and supporting data must be submitted at such time and in such form as HUD may require, and are subject to HUO approval and revision. The HA must requisition periodic payments on account of each annual HUE) payment. Each requisition must be in the form prescribed by HUD. Each requisition must include certification by the HA that: (1) Housing assistance payments have been made in accordance with Contracts in the form prescribed by HUD and in accordance with HUD requirements; and (2) Units have been inspected by the HA in accordance with HUD requirements. If HUD determines that payments by HUD to the HA for a fiscal year exceed the amount of the annual payment approved by HUD for the fiscal year, the excess must be applied as determined by HUD. Such applications determined by HUD may include, but are not limited to, application of the excess payment against the amount of the annual payment for a subsequent fiscal year. The HA must take any actions required by HUD respecting the excess payment, and must, upon demand by HUD, promptly remit the excess payment to HUD. form HUD-52520 (11193) HUD Requirements 13. Depositary The HA must comply, and must require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all HUD regulations and other requirements, including any amendments or changes in the law or HUE) requirements. The HA must comply with its HUD-approved administrative plan, equal opportunity housing plan, and HUD-approved program funding applications. (c). The HA must use the program forms required byHUD. (a) Unless otherwise required or permitted by HUD, all program receipts must be promptly deposited with a financial institution selected as depositary by the HA in accordance with HUD requirements. (b) The HA must enter an agreement with the depositary institution. in the form required by HUD. {c) The HA may only ,withdraw deposited program receipts for use in connection with the program in accordance with HUD requirements. (d) The HA must proceed expeditiously with the programs (d) under this consolidated ACC. Use of Program Receipts (a) The HA must use program receipts to provide decent, safe, and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program receipts may only be used to pay program expenditures. ' (hi The HA must not make any program expenditures, ex- cept in accordance with the HUD-approved budget esti- mate and supporting data for a program. The agreement with the depositary institution must provide that if required under a written notice from HUE) to the depositary: (1) The depositary must not permit any withdrawal of deposited funds by the HA unless withdrawals by the HA are expressly authorized by written notice from HUD to the depositary. (2) The depositary must permit withdrawals of deposited funds by HUD. If approved by HUD, the HA may deposit under the depositary agreement monies received or held by the HA in connection with any contract between the HA and HUO. Interest on the investment of program receipts 14. Program Records constitutes program receipts. (a) The HA must maintain complete and accurate books of If required by HUD, program receipts in excess of current account and records for a program· The books and needs must be promptly remitted to HUD or must be records must be in accordance with HUD requirements, invested in accordance with HUD requirements. and must permit a speedy and effective audit. · Administrative Fee Reserve The HA must maintain an administrative fee reserve for a program. The HA must credit to the administrative fee reserve the total of: {1) T. he amount by which program administrative fees paid by HUD for a fiscal year exceed HA admini- strative expenses for the fiscal year. plus (2) interest earned on the administrative fee reserve. The HA must use funds in the administrative fee reserve to pay administrative expenses in excess of program receipts. If any funds remain in the administrative fee reserve, the HA may use the administrative reserve funds for other housing purposes if permitted by State and local law. (b) (c) (d) The HA must furnish HUE) such financial and program reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. HUg and the Comptroller General of the United States, or their duly authorized representatives, must have full and free access to all HA offices and facilities, and to all the books, documents, and records of the HA relevant to administraticn of the program, including the right to audit and to make copies. The HA must engage and pay an independent public accountant to conduct audits that are required by HUD. The cost of audits required by HUO may be charged against program receipts. (c) if the HA is not adequately administering any Section 8 program in accordance with HUD requirements, HUD may: {1) Direct the HA to use the funds to improve admini- stration of the Section 8 program or for reim- bursement of ineligible expenses. (21 Prohibit HA use of administrative fee reserve funds. 15. Default by HA Upon written notice to the HA, HUD may take possession of all or any HA property, rights, or interests in connection with a program, including funds held by a depositary, program receipts, and rights or interests form HUD-52520 {11/93} under a contract for housing assistance payments with an owner, if HUO determines that: {1) The HA has failed to comply with any obligations under this consolidated ACC; or (2) The HA has failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the HA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination, or reduction of housing assistance payments, termination of the contract for housing assistance payments, or recovery of overpayments); or (3) The HA has made any misrepresentation to HUD of any material fact. (b) HUD's exercise or non-exercise of any right or remedy under the consolidated ACC is not a waiver of HUD's right to exercise that or any other right or remedy at any time. functions with respect to' a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. (d) The provisions of this section do not apply to the 'depositary agreement, or to utility service for which the rates are fixed or controlled by a governmental agency. 19.Interest ot a Member of or Delegate to Congress No member of or delegate to the Congress' of the United States of America or resident commissioner shall be admitted to any share or part of this consolidated ACC or to any benefits which may arise from it. 2o. Exclusion of Third Party Rights (a) 'A family that is eligible for housing assistance under this consolidated ACC is not a party to or third party beneficiary of the consolidated ACC. Fidelity Bond Coverage The HA must carry adequate fidelity bond coverage, as required by HUD, of its officers, agents, or employees hand- ling cash or authorized to sign checks or certify vouchers. 17. Exclusion from Program ; Single-headed households, pregnant females, and recipients of public assistance may not be excluded from participation in or be denied the benefit of a program because of such status. 18. Conflict of Interest Provisions (a) Neither the HA nor any of its contractors or their subcontractors may . enter into any contract, subcontract, or arrangement in connection with a program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: (1) Any present or former member or officer of the HA (except a tenant commissioner). (2) Any employee of the HA who formulates policy or who influences decisions with resinoct to a program. (3) Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to a program. (b) Nothing in the consolidated ACC shall be construed as creating any right of any third party to enforce any provision of this consolidated ACC, or to assert any claim against HUD or the HA. 21. Consolidated ACC (a) The co~solidated ACC is a contract between HUD and the HA. (b) This consolidated ACC supersedes any previous annual contributions contract for a program. Matters relating to funding or operation of the program under a previous annual co~]tributions contract are governed by this consolidated ACC. (b) Any member of these classes of persons must disclose the member's interest or prospective interest to the HA and HUO. (c) The requirements of this section may be waived by HUD for good cause. No person for whom a waiver is granted shall be permitted to exercise responsibilities or Page 4 ol' 5 form HUD-52520 (11/93) Jnited States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Date signed: 4ousing Agency X Name & Official Title: (print or type) .Her1 M. Hamblin Di rector Office of Public Housing Name of Agency: (print or type) IOWA CITY HOUSING AUTHORITY Signature of Authorized Representative: Name &Offictal T~tle fp~lnt or type) Date signed: ERNEST W. LEHMAN, MAYOR, CITY OF IOWA CITY formHUO-52520 (11/93) Page 5 of 5 PII-i SECTION :::: .- FUNDING EXHIBIT PROGRAM-BASED D OFFICE: 7BPH CE OF PUBLIC HOUSING UMBER: I A0'2'2 OF IOWA CITY : REGINA SCHREIBER E. WASHINGTON ST. CITY , IA 5'g.'-'-" 400000 iSCAL YEAR-END: 0d./30 ;~AM TYPE: CERTIFICATE PROGRAM ACC NUMBER: IAO'--'-"?CE =I FIRST DATE LAST DATE 4BER OF TERM OF TERM 3 :..-"'.--" C E 0009 10 / 01 / ,_.._,':"--' 09/30/98 9'-'-"'..'?C E 0 0 1 001/0:1/8-5 1 :.-" / 31 / '?'.-:) 3'2'--'=' CEO01 i 0'2:/01/87 01/31/()2: :r,'-"','-" C E 0013 01/01/'?,1 1 '..'-" / :2:1/'77' :r2'2CEO0 i 4 0 ! / 01/'.-,--' 1 1 '~]/.i', 1/'?',-= )2'2CE001 ?' 07' / 0 i/';-,~',2 :~','-"'.--" C E 00 ~ 'P12 / 0 ],/'5':'_~ _]'~'.2~ C E 00'2 C:, 07/01 / - '"w:_.: .]:22CE002:1 07'/01/'74 D'~f:CE 002'_-i: C"7' .' C' i/'?ei. ,,}d, } '"':~ C:E 0 C~ J! zi-': 1 / r"~ 1/':'.'? dl, :~ Z"£ C EO 0'.;:'!5 07' / 0 1/'.:.>7 ) "'-"2: C E 00 'Z,'S.Z 1."C: ]./'77 l) 1 / :2: ]. / ':-.~'.'7.' CONTRACT TERM 180 180 ,_:'....h ,%!> c:. ,'..? 12' 1U CONTRACT AUTHOR I'¥Y ',--',?', :_--', 00 5',E,' , 4~,4 · '. c,o...,..'._. ~ ,~,, .-. '!:0,:: , ',-,...:; '~:,.'~. '::,~E::;'L BUDGET AUTHORITY 1,309,500 1 .~'P44,000 2:5'F', 330 :i: '.-' ' ',E: '~ 4 ,'_;, 0 ' 1 1 ;E', ~ 7'2':-': 01-09 PIH SECTION :--: - FUNDING EXHIBIT PROGRAM-BASED ~ OFFICE: ¥BPH ~E OF PUBLIC HOUSING IMBER: I A 0:.-.":,-" OF IOWA CITY REGIN^ SCHREIBER ]. WASHINGTON ST. CITY ~ IA 5'~"-'"4 0 0 0 O0 'SCAL YEAR-END: 06/30 ;AM TYPE: VOUCHER PROGRAM ACC NUMBER: IAO22VO :I FIRST DATE LAST DATE CONTRACT 1BER OF TERM OF TERM TERM )£ZVOOO09 ) :.?'..-.-' V 00010 )ZEVOO01:3 )2'..-"VOO014 ):.-"ZVOO015 )2'.Y"V 0001 ,'!, y22;V 0001 :'3 )ZZVOOO19 )22V00020 0'..'-"/01/91 O1/01/?Z 05/01/9'.'2 08/01/92 05/01/93 !1/01/74 ! 1/01/'.-PT 01/31/98 12~/31/':.?? 04/30/98 07/31/98 04/30/98 11130/98 1 ]. / :B 0/'.--.,'9 i 0 / :B i/':-.':'Y 01/'.!: 1/?'P 84 72 7'.Z 60 60 60 36 15 CONTRACT AUTHORITY 0 0 0 0 373~045 73;095 0 2.'30,785 BUDGET AUTHORITY 371,785 181,080 1 , 1'.3'.'2 ~ 675 1 , '..""' 13 ~ 941 636 ~ '?U,O 360 .~ 475 581 '~ Y~,O 288,48i -01-07 05.31.55 Prepared by: Doug Boothroy, Director of HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-109 RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL CONTRI- BUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM. PROJECT NOS. AND IAO22CE0027 and IA022CE0028 WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised contract (the "Consolidated Annual Contributions Contract") with the United States of America (the "Government") with respect to any "Project" as defined in the Consolidated Annual Contributions Contract and which at any time now or hereafter is incorporated under the terms of such Contract; and WHEREAS, entering into said Contract is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE LOCAL AUTHORITY THAT: The Consolidated Annual Contributions Contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tern is hereby authorized and directed to execute said Contract in two copies on behalf of the Local Authority, and the City Clerk is authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts, or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Whenever the following terms are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the revised Consolidated Annual Contributions Contract shall have the respective meanings ascribed thereto in the revised Consolidated Annual Contributions Contract. 3. This Resolution shall take effect immediately. Passed and approved this 24th ATTEST: CiT~ 7~'- ~ hisasst\contr21 .doc day of Hatch , 1998. City Attorney's Office Resolution No. 98-109 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Consolidated Annual, Contributions Contract Rental Certificate Program and Rental Voucher Program Table of Sections 1. 2. 3. 4. 5, 6. 7. 8. 9. page Definitions ................................. 1 Funding for HA Certificate or Voucher Program ....... 2 Term ..................................... 2 HUE) Payments for Program ..................... 2 Maximum Payments for Program .................. 2 Reduction of Amount Payable by HUO .............. 2 ACC Reserve Account .... ; .................... 2 Separate ACC for Funding Increment ............... 2 Budget and Requisition for Payment ................ 2 10. HUD Requirements ........................... 3 11. Use of Program Receipts ....................... 3 U.S. Department ol~ Housing and Urban Develop~nent Office of Public and Indian Housing Section 8 page 12. Administrative Fee Reserve ......... , ........... 3 13. Depositary ................................ 3 14, Program Records ......................... ,,i~.¢ 3 1 5. Default by HA ......................... ;~'~'; . . o 1 6. Fidelily Bond Coverage ....................... 4 17. Exclusion from Program ...................... 4 1~. Conflict of Interest Provisions 4 19. Interest of Member of or Delegate to Congress ...... 4 20. Exclusion of Third Party Rights .................. 4 21. Consolidated ACC ........................... 4 1, Definitions ACC. Annual contributions contract. ACC Reserve Account. An account established by HUD for a program from amounts by which the maximum,,:p~yment to the HA under the consolidated ACC (during a ,mt'iA~f~scal year) exceeds the amount actually approved and pa~d. This account is used as the source of additional payments for the program. Annual Contributions Contract. The contract for each funding increment. HUD's commitment to make payments for each funding increment ("project"} listed in the funding exhibit constitutes a separate ACC. Budget Authority.. The maximum amount of funds available for payment to the HA over the term of a funding increment. Budget authority is authorized and appropriated by the Congress. Funding Exhibit. An exhibit to the consolidated ACC. The funding exhibit states the amount and term of funding for a program. There are separate funding exhibits for the HA certificate program and voucher program. Funding Exhibit A. The funding exhibit for the HA certificate program. Funding Exhibit B. The funding exhibit for the HA ~0ucl~r program. Funding Increment (also called a "Project"). Each commitment of budget authority by HUD to the HA for a program under the consolidated ACC. The funding increments for the program are listed in the program .funding exhibit. HA. Housing agency. Consolidated Annual Contributions Contract (co~,solidated ACC). The cunsolidated contract for the HA certificate program and voucher program. HUD's commitment to make payments for each funding increment in a program constitutes a separate ACC. However, commitments for all the funding increments are listed in this consolidated ACCO' .... Housing Agency (HA). The agency that has entered this consolidat. ed ACC with HUD. HUD. U.S. Department of Housing and Urban Development. Program. The HA certificate program o¢ voucher program. Contract Authority. The maximum annual payment by HUD to the HA for a funding increment. The amount of contract authority for each funding increment in a program is listed in the funding exhibit for the program. Fiscal Year. The HA fiscal year. The funding exhibit states the last month and day of the HA fiscal year, Program Expenditures. Amounts which may be charged against program receipts in accordance with the consolidated ACC and HUD requirements. Program Receipts. Amounts paid by HUD to the HA for a program, and any other amounts received by the HA in connection with the program. Project. A funding increment for the program. Page 1 of 5 form HUD-52520 (11193) o. HUD Requirements ~3. Depositary (a) (b) The HA must comply, and must require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all HUD regulations and other requirements, including any amendments or changes in the law or HUD requirements. The HA must comply with its HUD~approved administrative plan, equal opportunity housing plan, and HUD-aoproved program funding applications. (c). The HA must use the program forms required by HUD. (a) (b) Unless otherwise required or permitted by HUD, all program receipts must be promptly deposited with a financial institution selected as depositary by the HA in accordance with HUD requirements. The HA must enter an agreement with the depositary institution in the form required by HUO. The HA may only withdraw deposited program receipts for use in connection with the program in accordance with HUD requirements. (d) The HA must proceed expeditiously with the programs under this consolidated ACC. ;]. Use of Program Receipts The HA must use program receipts to provide decent, safe, and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program receipts may only be used to pay program expenditures. (b) The HA must not make any program expenditures, ex- cept in accordance with the HUD-approved budget esti- mate and supporting data for a program. (d) The agreement with the depositary institution must provide that if required under a written notice from HUD to the depositary: (1) The depositary must not permit any withdrawal of deposited funds by the HA unless withdrawals by the HA are expressly authorized by written notice from HUO to the depositary. (2) The depositary must permit withdrawals of deposited funds by HUD. If approved by HUD, the HA may deposit under the depositary agreement monies received or held by the HA in connection.with any contract between the HA and HUO. (c) Interest on the investment of program receipts constitutes program receipts, (d) If required by HUD, program receipts in excess of current needs must be promptly remitted to HUD or must be invested in accordance with HUE) requirements. ~2. Administrative Fee Reserve (a) The HA must maintain an administrative fee reserve for a program. The HA must credit to the administrative fee reserve the total of: (1) The amount by which program administrative fees paid by HUD for a fiscal year exceed HA admini- strative expenses for the fiscal year, plus (2) Interest earned on the administrative fee reserve. The HA must use funds in the administrative fee reserve to pay administrative expenses in excess of program receipts. If any funds remain in the administrative fee reserve, the HA may use the administrative reserve funds for other housing purposes if permitted by State and local law. If the HA is not adequately administering any Section 8 program in accordance with HUD requirements, HUD may: (1) Direct the HA to use the funds to improve admini- stration of the Section 8 program or for reim- bursement of ineligible expenses. (2) Prohibit HA use of administrative fee reserve funds. Program Records (a) lb) The HA must maintain complete and accurate books of account and records for a program. The books and records must be in accordance with HUO requirements, and must permit a speedy and effective audit. The HA must furnish HUD such financial and program reports, records, statements, and documents at such times, in such form, and accompanied by such supporting data as required by HUD. (c) HUD and the Comptroller General of the United States, or their duly authorized representatives, must have full and free access to all HA offices and facilities, and to all the books, documents, and records of the HA relevant to administration of the program, including the right to audit and to make copies. (d) The HA must engage and pay an independent public accountant to conduct audits that are required by HUD. The cost of audits required by HUD may be charged against program receipts. ~5. Default by HA (a) Upon written notice to the HA, HUD may take possession of all or any HA properly, rights, or interests in connection with a program, including funds held by a depositary, program receipts, and rights or interests P~ga 3of5 form HUD-S2520 (11/93) United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Oate signed: Housing Agency X Name & Official Title: (print or ~ype) .Harl M. Hamb]in Oi rector Office of Public Housing Name of Agency:-(p,Jnt or type) [OWA CITY HOUSI~NG AUTHORITY Signature of Authorized Representative: ERNEST W. LEHMAN, MAYOR Date signed: form HUD-5252-O (11/93) Page 5 of 5 (..j C, 'Z, ,Z' :D C, 0 ,Z. 'Z, 'Z' :7': 'Z, 'Z, C: ,Z: ,Z: ,Z, Ld LI.J Ijj LLJ Lb: L;2 '.:i i.": kk~ LE I,: LIz t.l.j LL! Li2 Ldi ("J ('J N ~."J ::'J 6J (....I ?..] ,?.J (.q ?....i (..] (.,j (.q (..j (...j ,:.,i ,....j 6.~ e'..: ('-~ 8'4 ('-.~ ':'.J (l..., ,.....~ t'-J ,:'-.: eq .,Sd ,:,d ,:'-.: Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. 98-110 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY RILLS, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Ltd. filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills, Part Five; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval, subject to the finalization of easements and agreements for provision of sanitary sewer service prior to consideration of the final plat; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat, subject to the finalization of easements and agreements for provision of sanitary sewer service prior to consideration of the final plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Galway Hills, Part Five, Iowa City, Iowa, is hereby approved, subject to the finalization of easements and agreements for provision of sanitary sewer service prior to consideration of the final plat. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval as provided by law. Passed and approved this 24th ATTEST:CIT2~EX~RK~,2 2~- 2~Y ppdadmin/res/galway5.doc day of March , 1998. Ap, by Resolution No. 98-110 Page 2 It was moved by Thnrnherry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton , O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB98-0002. Galway Hills, Part Five Preliminary Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public Utilities: Prepared by: Robert Miklo Date: February 19, 1998 Dav-Ed Ltd. 317 N. Seventh Ave. Iowa City, Iowa 52245 Phone: 337-4818 MMS Consultants 1917 S. Gilbert St. Iowa City, Iowa 52240 Phone: 351-8282 Preliminary plat approval. An 8-lot residential subdivision South of Galway Drive, west of West High School 13.63 acres Undeveloped, RS-5 North- Residential, RS-5; East- West High School, P South- Undeveloped, RS-5 West- Undeveloped, RS-5 2 to 8 dwelling units per acre January 24, 1998 March 15, 1998 City water service is available via a line in Melrose Avenue. Sanitary Service is not available at this time. An agreement to construct a connection 2 to the Northwest Trunk Sewer is necessary. Public Services: Police and fire protection will be provided by the City. Municipal refuse and recycling service will be provided for lots 118-124. Transportation: The Hawkeye transit route is the nearest bus service. A bus stop is located approximately 1/4 mile east of this subdivision. Sensitive Areas Ordinance: The State Archeologist has indicated that there may be archaeological sites on this property. The Sensitive Areas Ordinance allows the State to investigate these potential sites if they choose to. There are no other sensitive areas identified. The property has has gently rolling topography but not regulated slopes. The existing trees on the property will be removed. BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. has requested approval of the preliminary plat of Galway Hill, Part 5, a 13.63 acre 8-lot subdivision located on the south side of Melrose Avenue west of west High School. A separate applicant, Newbury Development Company, has applied for a rezoning to Overlay Planned Development Housing (OPDH-8) for lot 117 within the proposed submission. The rezoning application is reviewed in a separate staff report. ANALYSIS: The subdivision as submitted generally complies with the subdivision and zoning code. The plat does contain deficiencies and discrepancies noted at the end of this report. These will need to be resolved prior to approval. Prior to approval a means of providing sanitary sewer service to this subdivision must be agreed to. Subdivision Design: The subdivision will have access to Melrose Avenue via a Dublin Drive, a collector street. With future phases of the Galway Hills subdivision, it is anticipated the Dublin Drive will be extended south toward Willow Creek to connect with Shannon Drive platted in the Walden Hills subdivision. It should be noted that the connection of Dublin Drive and Shannon Drive should not be direct but should contain an offset to discourage unnecessary through traffic. The applicant has submitted a concept showing how Dublin Drive may connect to Shannon Drive (see Exhibit A). The preliminary plat includes a concept plan showing how part 5 of Galway Hills may be connected to part 1 via Kearney Lane and Killarney Road. However the concept plan is not being approved at this time. Lots 118 to 1 24 on the west side of Dublin Drive are single family lots. These lots comply with the requirements of the Low Density Single-Family (RS-5) zone. Lot 117 on the east side of Dublin Drive is proposed as the site of retirement community. If the rezoning for the retirement community is not approved, Lot 117 is of a sufficient size to allow its resubdivision into single-family lots. To allow for a possible pedestrian connection from Galway Hills to West High School, staff recommends that a 20 foot wide pedestrian access easement be located along the south side of lot 117. A pedestrian walkway in this location would align with Killarney Road and provide direct pedestrian access to the school from a large portion of the Galway Hills subdivision. In the past it has been the school district's policy to minimize points of access, so a sidewalk would not be built in this location at this time. The easement would provide an opportunity for a pedestrian connection if the school's policy changes in the future. The developer of lot 117 has indicated that they would rather not have the easement in this location. If the applicant identifies an appropriate alternative location for pedestrian access in a future phase of Galway Hills, the easement would not be necessary on lot 117. At the time of reconstruction of Melrose Avenue the City purchased an easement on the south side of the avenue to allow for the planting of a buffer of trees adjacent to the right- of-way. This easement should be shown on the plat. The subdivision indicates that a 66 foot wide portion of this easement will be displaced by Dublin Drive. The remaining easement should be extended 66 feet to the east to compensate for the displaced easement. Sanitary sewer: Currently sanitary sewer service is not available for this property. The applicant is pursuing the possibility of tapping into the northwest trunk line which is located on the University of Iowa property on the north side of Melrose Avenue. An agreement to construct the connection to the Northwest trunk, and easements for the portion of the line which is proposed on the university and school district properties, will need to be secured prior to subdivision approval. There is a tap-on fee of 92,017 per acre for the Northwest Trunk Sewer. A water main tap on fee of 9354 per acres is also required for this subdivision Storm water management: Preliminary storm water plans and calculations have been submitted and are being reviewed by the Public Works Department. The plans indicate that a storm water basin will be located on the eastern portion of lot 117. These plans must be approved prior to approval of the subdivision. Open space: When the property which contains of Galway Hills, Parts 1 and 2, was rezoned, a conditional zoning agreement required the dedication of 6 acres of open space, The conditional zoning agreement applied to only the western portion of the Galway Hills development, which was rezoned from Interim Development (ID-RS) to RS-5. With the subdivision of Galway Hills, Part 5, .31 of an acre of open space or fees in lieu of, are required. The Parks and Recreation Commission has recommended that in lieu of open space, an 8 foot walk way be built on the east side of Shannon Drive to allow a trail connection to the Willow Creek trail. Fees equivalent to .31 of an acre should be paid. The City will reimburse the developer for the cost of four feet of the eight foot sidewalk. 4 As noted in the staff report for Melrose Retirement Community, additional fees equivalent to .13 acres of open space will be required if the OPDH rezoning is approved. STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Galway Hills be deferred pending resolution of the following deficiencies and discrepancies. Upon resolution of these items staff recommends approval of Galway Hills, Part 5, an 8-lot 13.63 residential subdivision located on the south side of Melrose Avenue west of West High School. DEFICIENCIES AND DISCREPANCIES: 1. Agreements and easements to allow provision of sanitary sewer service are necessary. 2. The contour lines should be labeled on the plat. The existing 25 foot wide planting easement should be shown on south side of Melrose Avenue. It should be extended 66 feet to the east or the City should be reimbursed for the displaced portion. 4. The plat should show a 20 foot wide pedestrian easement along the south side of lot 117 unless a acceptable alternative location is identified. ATTACHMENTS: Location Map Preliminary Plat Exhibit A - Concept Plan Kar' Franklin, Director Kar)fi Frankli Dept. of Planning & Community Development stfrep\9802RM.doc -L / ! Od 0 0 0 0 III DUBLIN DRIVE EXHIBIT A SHANNON DRIVE City of Iowa City MEMORANDUM Date: To: From: Re: February 27 (for March 5 meeting) Planning and Zoning Commission Robed Miklo, Senior Planner SUB98-0002 Galway Hills, Part Five We have received a revised preliminary plat for Galway Hills, Part Five. With the exception of agreements regarding the provision of sanitary sewer service, all deficiencies and discrepancies have been resolved. In the February 19 staff report staff had recommended that an easement for pedestrian access be provided along the south property line of lot 117 between Kilarney Road and the West High School property. The revised preliminary plat shows a future easement outside of this subdivision in a future pad of Galway Hills. Although it would be preferable to include the easement on lot 117, the alternative location proposed by the applicant is acceptable. Staff recommends the approval of the preliminary plat of Galway Hills, Part 5, a 13.63 acre, eight-lot residential subdivision located on the south side of Melrose Avenue subject to agreements and easements for the provision of sanitary sewer service. Approv 'Ka,?en Franklin, Director Dbpartment of Planning and Community Development STANDARD LEGEND AND NOTES GALWAY TO PLAT pI~PAJ~I~ BY: ~ CON~'LTANTM ~C. PRELIMINARY PLAT HILLS SUBDIVISION- I0WA CITY, IOWA 01D~R~/19'~rBDI~D~8O'ers A~OR~r~Y PART FIVE LOCATION MAP NOT TO SCALE · ~/~. ~ow by the City of Iowa City Prepared by: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St.,' Iowa City, IA 52240 1319)356-5253 RESOLUTION NO. 98-111 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY99 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING, WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local 9overnmental units for their public transportation systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That we, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Department of Transportation. From the State Transit Assistance Pro9ram: 3.349539% (approximately $296,635) of Formula Funds From state-wide federal capital assistance for transit: $2,628,100 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced quarterly as allowed by law, to improve transit system cash flow. Passed and approved this 24th Marin Karr, CITY CLERK jccogtp\sta\staresic.d oc day of March , 1998. MAYOR, City of Iowa ~i~ Approved by City Attorney s u ice Resolution No. 98-111 Page ? It was moved by ThnrnhPrry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef _ _JCCOG memo Date: March 16, 1998 To; From: Iowa City City Council Kevin L. Doyle, Assistant Transportation Plannery~.~._. Re: Iowa City Transit - Capital Projects Programmed for F'Y99 The following projects have been programmed by Iowa City Transit for Federal Transit Administration [FTA] Section 5307 and/or 5309 funds in FY99. The projects will be included in the FY99 Iowa DOT Consolidated Transit Funding Application JCCOG is completing and in the FY99-2001 JCCOG Transportation Improvement Program. FY99 Federal Transit Administration - Program of Projects Project Description Construct multi-use parking facility, transit hub, & neighborhood commercial center [Proposed for FTA Livable Communities funding]. Methane abatement for transit facility & parking lot [Including repair of floor drains and mechanical systems]. Transit vehicle maintenance & overhaul [Eligible for up to 20% of maint. costs] Purchase paratransit software & hardware Replace roof on transit facility Purchase radio equipment for paratransit vehicles Replace 5 bus shelters and pads Purchase office equipment for paratransit operations Replace steam cleaner at transit facility Total FY99 Capital Requests Federal Share $2,OOO,OOO 32O, OOO 110,900 64,000 64,000 28,800 24,000 12,800 3,600 $2,628,100 NOTE: Inclusion of projects in this application and the F"Y99-2001 TIP does not guarantee funding in FY99. Iowa DOT submits an annual statewide application for capital funds with the Federal Transit Administration and actual availability of funding will not be known until Fall, 1998. Give me a call at X5253 if you should have any questions about this information. \1transit\ict~99item.doc Prepared by: Kim Johnson, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139 RESOLUTION NO. 98-112 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD CONCRETE PAVEMENT REHABILITATION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 14th day of April, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 21st day of April, 1998, or at such later time and place as may then be fixed. Passed and approved this 24th CI'PCCLERK day of Ka-r"~h ,19 9 . roved by ~ City Attorney's Office pweng\res\mormonapp.doc Resolution No. 98-112 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: 0' Donne] ] the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Director of Parks and Recreation, 220 S. Gilbert St., Iowa City, IA 52240; (319) 354-5110 RESOLUTION NO. 98-113 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCANLON GYMNASIUM COMPLEX IN MERCER PARK, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the 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 24th CI-PPCLERK dayof AHY~~OR~.,,,,/.~j~/.//~ 9~ Approved by City Attorney's Office parksrec~scanres.doc Resolution No. 98-113 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there ~,~ere: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-114 RESOLUTION AUTHORIZING CONVEYANCE OF 1702 CALIFORNIA AVENUE, ALSO DESCRIBED AS LOT 36, PART l-A, MOUNT PROSPECT ADDITION, TO THE TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Tenant at 1702 California Avenue has agreed to purchase 1702 California Avenue for the principal sum of $82,500, the appraised value of the property; and WHEREAS, on March 10, 1998, the City Council adopted Resolution No. 98-80 declaring its intent to convey its interest in 1702 California Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public headng on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1702 California Avenue, also described as Lot 36, Part l-A, Mount Prospect Addition, to the Tenant. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 24th ATTEST: CI~ day of Har'ch ,1998. Ap p..Erove~ b?_ ~ City Attorney's Office hisadm/res/1702cal2 .doc Resolution No. 98-114 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Robed Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 98-115 RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DOVER, KOHL AND PARTNERS FOR A DESIGN PLAN FOR DEVELOPMENT OF THE PENINSULA. WHEREAS, the City owns property in the area known as the Peninsula; and WHEREAS, the City wishes to develop a plan for development of its Peninsula property based on the neighborhood design concepts of the Comprehensive Plan; and WHEREAS, Dover, Kohl and Partners have extensive experience and credentials necessary to develop such a plan; and WHEREAS, the City has negotiated an agreement with Dover, Kohl and Partners to create a design plan for development of the City's Peninsula property; and WHEREAS, the costs of preparing said development plan will be recouped when the City's Peninsula property is sold. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The creation of a design plan for development of the City's Peninsula property is in the public interest, and in furtherance thereof, the terms of the proposal attached hereto and incorporated herein are hereby approved in substance. The Mayor and City Clerk are hereby authorized and directed to execute an agreement between the City and Dover, Kohl and Partners incorporating the terms of the attached proposal, at the direction of the City Attorney. Passed and approved this 24th CITY-CLERK day of March ,1998. (/ City Attor-~)ey's~'e_ . ~/ ppdadmin~res\penidesi.doc Resolution No. 98-115 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X,, X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef A CONTRACT FOR PLANNING SERVICES FOR THE CREATION OF A DEVELOPMENT PLAN FOR THE PENINSULA PROPERTY IN IOWA CITY, IOWA THIS AGREEMENT, made and entered into this 27th day of March, 1998, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "the City and/or the Client," and DOVER, KOHL & PARTNERS, of South Miami, Florida, and their subconsultants, hereinafter collectively referred to as "the Consultants." WHEREAS, the City desires Planning Services for the creation of a plan for development of its Peninsula property based on the neighborhood design concepts of the Comprehensive Plan, and the City has negotiated with Dover, Kohl and Partners to create such a plan. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with Dover, Kohl and Partners to provide services as set forth herein. I. SCOPE OF SERVICES: The Consultants agree to perform the following services for the City, and to do so in a satisfactory manner according to the schedule of completion contained in Article III herein. The Consultants will design a development plan for the approximate 90 acres known as the Peninsula on behalf of the City of Iowa City. This plan will be created through a combination of work on-location and in the Consultant=s South Miami office. The Client shall appoint one person from their staff to serve as a project liaison to the Consultants throughout the process. Included within the Scope of Services, the Consultants will accomplish the following tasks: Task I -Pre-Charrette The Consultants will assist the Iowa City Planning Department to prepare a press release and logistics for the charrette. Task la - Initial Meeting / Press Release The Consultants will meet with staff and other invitees to explain the particular details regarding the scope and schedule of this project and will assist in writing a press release or other appropriate media, notifications and materials. Task lb - Charrette Setup Coordination / Base Information The Consultants will work with the Planning Department staff to coordinate charrette logistics. The Client shall furnish base information, as defined herein, to the Consultants at this time. Task 2 - Public Charrette The Consultants will conduct a design charrette of at least seven days. The Consultants will investigate regional examples of community design and vernacular architecture as well as the specific site and its context. The Consultants will gather and incorporate input from other participants or local experts as determined necessary by the Client. The Consultants will facilitate the event with help from the Planning Department staff. The Client shall arrange the location for the on-location work and the following: Sixteen 3'x 6' folding tables; a minimum of 100 stacking chairs; electrical power; access to a photocopier, telephone and fax machine; and meals & refreshments for 7 days for +/- 7 consultants + others as deemed appropriate by the client. The room chosen for the charrette should include a large, well-lit and air conditioned space, with room to rearrange chairs & tables into a variety of configurations, and with the ability to be darkened for minor presentations. Task 2a - Public Input Sessions The Charrette shall start with several public sessions. The Charrette shall begin with a Friday night kickoff presentation of basic urban design principles. The Saturday morning session shall begin with opening remarks and a tour of the site if possible. This shall be followed by a quick exercise to get initial ideas. The attendees will separate into small groups and gather around a site plan of the project area, equipped with markers, pens, and pencils. Each table will design a scheme with the assistance of a design team member. Someone from each table (other than a design team member) will present his or her table's plan to the larger group. Task 2b - Identify Community, Economic and Environmental Goals The Consultants shall conduct interviews with vested stakeholders such as property owners, developers, the City Council of Iowa City, the Planning & Zoning Commission, City of Iowa City Planning Department, other appropriate Boards & Commissions, and surrounding neighborhood representatives. Task 2c - Design a Physical Plan The Consultants shall design an overall physical plan showing streets, blocks, curbs, public spaces, new buildings, and civic buildings in order to test the viability of neighborhood design concepts. This plan shall take into account environmental issues with relation to adjacent park land and existing well sites. Task 2d - Illustrate Neighborhood Design Concepts The Consultants shall illustrate various design concepts for the new neighborhoods with perspective renderings, plans. and diagrams. Task 2e - Create Design Guidelines for Implementation The Consultants shall begin the creation of Design Guidelines for the implementation of the project. Task 2f - Charrette Presentation The Consultants shall make a formal presentation of work-in-progress at the conclusion of the charrette. The Consultants shall then field questions and comments from the audience for additional public input. Task 3 - Refinement of Plan The Consultants shall return to their Miami offices to refine the plan and prepare the final set of 2 work products. The Consultants shall also refine the Design Guidelines during this time. Task 4- Final Presentation The Consultants shall return to Iowa City approximately four weeks after the Charrette and make a final presentation to the Iowa City City Council. In this presentation the Consultants shall: briefly review the Charrette activities; describe the results from the Charrette; present the Final Work Products; show the significant details of the Illustrative Neighborhood Plan; describe the implementation strategies; present the Design Guidelines and their relevance to implementation. II. FINAL WORK PRODUCTS: Illustrative Neiqhborhood Plan, hand drawn in color showing neighborhood sizes, centers, edges, sites for civic buildings, and major connections. Sketch Master Plan, hand drawn, uncolored, showing streets, blocks, lots, and public spaces. Perspective Renderinqs (4), hand drawn and suitable for publication. Conceptual Prototype Buildina Floor Plans and Elevations (5), showing representative models for each building type, based upon the architecture of the region and modern homebuyer requirements. Diaqrams, representing various concepts such as phasing, preservation, transportation, and connectivity. Desiqn Guidelines, delineating a set of basic principles integral to the physical construction of the neighborhood. III. SCHEDULE OF COMPLETION: March 27 April 22, 23 May 1-8 June Execute contract Trip One to Iowa City for Task 1, Initial Meeting Trip Two to Iowa City for Task 2, Public Charrette Task 3 Follow-up work after the Charrette Trip Three to Iowa City for Task 4, Final Presentation IV. BASE INFORMATION: To perform the work, the Consultants shall be provided by the Client with the following types of base information: -3- BASE MAP(S), which indicate existing conditions within the study area, including property lines, buildings, rights-of-way, easements, curb lines, driveways, and sidewalks, plus any environmental limitations if known, etc.; These maps should be in AutoCAD format or comparable computerized files, and should be provided as hard copy at a scale to be determined in coordination with the Client. CURRENT ZONING or FUTURE LAND USE MAP, and supporting information as necessary to interpret the map. - AERIAL PHOTOGRAPHS, in plan view, such as 'REDI-Maps', at the largest possible scale and preferably in color. - PROPOSED PLANS (if any) for developments for the site, including development program, phasing, site plan and any submitted traffic analysis. - OTHER RELEVANT INFORMATION, such as existing zoning regulations, street standards, historical background, previous studies etc. - OWNERSHIP MAP, reflecting current ownership of land parcels and lots within the study area. V. COMPENSATION, FEES & REIMBURSABLE EXPENSES: The Consultants and their team agree to perform the Tasks described in Article I, Tasks 1 - 4 above for fees set at $80,000 plus expenses, are estimated at $15,000. Fee Breakdown: Fees Expenses Pre-Charrette $ 5,000 $1,500 Charrette $ 55,000 $10,500 Final Work Products $ 20,000 $ 3,000 TOTAL S 80,000 $15,000 The estimated expense figures account for lodging, meals, airfares booked well in advance, and reprographic services. To minimize expenses it is essential to schedule the on-location work well in advance. The Consultant agrees to take reasonable steps to minimize expenses. Any additional services shall be charged on an hourly basis with the Client's written approval. Hourly rates are as follows: $175 per hour for principals Dover and Kohl; $130 per hour for project managers; $100 per hour for staff designers, architects, illustrators; $ 75 per hour for drafters and assistants; and $ 35 per hour clerical work. -4- VI. PAYMENT TERMS: The Consultants require a retainer/deposit of 30% of the fee ($24,000) prior to scheduling and beginning the work. Invoices shall be made monthly with the balance due 30 days after City's receipt of the billing invoice. Overdue accounts are charged a late fee of 1.5% per month. Payment Schedule: Fees Sign Contract (Retainer) $ 24,000 End of Charrette $ 40,000 Final Presentation $16,000 TOTAL $ 80,000 Estimated Expenses $ 0 $12,000 $ 3,000 $15,000 VII. CHANGES IN THE SCOPE OF WORK: Changes in the scope of work may be accomplished after execution of this agreement, and without invalidating this agreement, by Change Order as described below. A Change Order is a written instrument prepared by the Consultants and signed by the Client and the Consultants stating their agreement upon all of the following: 1. a change in the Scope of Work; 2. the amount of the adjustment in the Total Fees, if any; and 3. the extent of the adjustment in the Schedule, if any. VIII. TERMINATION OF THE WORK AND/OR AGREEMENT: If this project is suspended or delayed for any reason after work has begun, the Consultants shall be paid for all work to date and all reimbursable expenses to date. The retainer shall be credited toward the amount of work performed, and any retainer exceeding the compensation for work performed shall be repaid to the City. IX. OWNERSHIP OF DOCUMENTS: In the course of this project, drawings, graphic aids and written materials will be produced as documentation. Original art works shall remain the property of Victor Dover and Joseph Kohl or the subconsultants; a set of full-quality reproducible copies will be provided to the Client. CAD data will also be provided on diskette to the Client for use on this and future projects. This agreement provides the Client with permission to publish these documents, but this permission does not extend to others without written consent from Dover, Kohl and Partners or subconsultants; all reproductions and publications must carry the credit 'Dover, Kohl & Partners, South Miami, FL'. If the plans or drawings are altered in any way subsequent to their submittal by -5- the Consultants to the Client, the Consultants shall retain the right to remove their names from any drawings and/or documents including documents used for the permitting and approval process, marketing, and promotion. X. GENERAL TERMS: The parties hereto acknowledge and agree that the Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts, if any: 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 Consultants shall be paid for all work and services satisfactorily performed up to the time of termination. However, such sums shall not be greater than the total amount of compensation and expenses listed in Article Vl ($95,000), plus any change orders. The City may terminate this Agreement upon seven (7) calendar days written notice to the Consultants. This Agreement shall be binding upon the successors and assigns of the padies 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 Consultants by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultants shall have the right to employ such assistance as may be required for the performance of the Project. It is further understood and agreed that all work performed hereunder is done at the self-direction of the Consultants, and the City is in no way directing or controlling the methods or work of the Consultants. Further, the City shall not be responsible for withholding of funds' from compensation or the payment of any insurance premiums whatsoever on behalf of the Consultants as may be required by any Federal, state or local law. The Consultants agree to indemnify and hold harmless the City for any injury or damage caused by the acts or omissions of the Consultants, its employees or agents, in performance of all work hereunder. 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. Fo 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. G. This agreement shall be interpreted in accordance with the laws of the State of Iowa. -6- Xl. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Planning Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Ernest W. Lehman, Mayor Date: FOR THE CONSULTANT By: Victor Dover, AICP Date: ATTEST: Approved by /] / ,, Oity~Att r~nnei's~~ _~~/_~8 g:\dala\cadala\legai\sarah~anduse\penins.con -'7- PROPOSAL Planning Services for the Peninsula Project in Iowa City, Iowa Confirming our discu¢sjons with you regarding the creation of a development plan for the approximately 90 acres k~0~wn as the Peninsula in Iowa City, Iowa, Dov/E'R, KOHL & PARTNERS and their subconsultants o~er the following proposal to provide con~,dltant services. The Consultants will assist the Iowa City Planni Department to prepare a press release and logistics for the charrette. Task la - Initial Meeting / Press The Consultants will meet with regarding the scope and schedule or other appropriate media. and this project 1vitees to explain the particular details qd will assist in writing a press release Task lb - Charrette Setup Coe tion / Ba., The Consultants will work wi g logistics. The Consultants will base ,rmation ~ent staff to coordinate charrette :rom the Client at this time. Task 2 - Public Charterre The Consultants will conduct a de n charrette of at least days. The Consultants will investigate regional examples of design and ve architecture as well as the specific site and its context. Consultants will gather and :orporate input with other participants or local experts as/determined necessary in coordin ion with the Client. The Consultants will facilitate the eveCt with help from the Planning Depar staff. The Cfient will arrange the location for the on-location work and the fo~owing: Sixteen 3 x 6 foldiT~g tables; a minimum of 1~0 stacking chairs; electrical power; acc~s to a photocopier, telephone and fax machine; anc~ meals & refreshments for 7 days for +/- 7 bonsultants + others as you deem appropriate. The room chosen for each charrette should ideally be on or very near to the site, and should include a large, well-lit and air conditioned space, with room to rearrange chairs & tables into a variety of configurations, and with the ability to be darkened for minor presentations. Task 2a - Public Input Sessions The Charrette will start with several public sessions. The Charrette will begin with a Friday night kickoff presentation of basic urban design principles. The Saturday morning session will begin with opening remarks and a tour of the site if possible.~This will be followed by a quick exercise to get initial ideas. The attendees will sep~ into small groups and gather around a site plan of the project area, equipped wi pens, and pencils. Each table design a scheme with the assistance of a sign team member. Someone from each (other than a design team member) )resent his or her table's plan to the larger Task 2b - Identify The Consultants will developers, the City Planning neighborhood re and Economic :interviews with of Iowa City, the other a ,~S. stakeholders such as property owners, & Zoning Commission, City of Iowa & Commissions, and surrounding Task 2c - Design a ~lan The Consultants will design an spaces, new buildings, and design concepts. This plan will t~ adjacent park land and existing we plan showing streets, blocks, curbs, public s in order to test the viability of neighborhood ~to account environmental issues with relation to ;ires. Task 2d - Illustrate Nei¢ Concepts The Consultants will illustrate sign concepts for the new neighborhoods with perspective renderings, plans, Task 2e - Create Design G for I~!plementation The Consultants will begin tl~ creation of Des~n Guidelines for the implementation of the project. / ~ Task 2f - Charrette Pre~;n tion ~ The Consultants will make a formal presentation of'~,ork-in-progress at the conclusion of the charrette. The Con~/ultants will then field questior~ and comments from the audience for additional public in iut. ~ Task 3 - Refinement of PI ~, The Consultants will return their Miami offices to refine the plah and prepare the final set of work products. The Consu will also refine the Design Guidelines during this time. Task 4 - Final ,n The Consultants will return to Iowa City approximately four weeks after the Charrette and make a final presentation to the Client. In this presentation the Consultants will: · briefly review the Charrette activities; · describe the resu ts from the Charrette; · present the Final ~ork Products; · show the significant details of the Illustrative Neighborhood Plan; · describe the implementation strategies; · present the Design Guidelines and their relevance to implementation. FINAL WORK PRODUCTS: 1. Illustrative Nei.qhb~rhood Plan, hand drawn in color showing neighborhood sizes, centers, edges, sites for civl~ buildings, and major connections. 2. Sketch Master Plan,~hand drawn, uncolored, showing streets,i. blocks, lots, and public spaces. ~ J 3. Perspective Renderin.q~ (4), hand drawn and suitable blic~ ~tion. 4. Conceptual Prototype B~ildin.q Floor Plans and E (5), showing representative models for each building~ type, based upon the a of the region and modern homebuyer requirements. 5. Dia.qrams, representing )us concepts phasing, preservation, transportation, and connectivity. 6. Design Guidelines, a 2rinciples integral to the physical construction of the neighborhood. PROPOSED SCHEDULE: March 24 April 22, 23 May 1-8 June · El One to Trip Two to · Task 3 Follow-u · Trip Three to Iowa City for Task 1, Initial Meeting City for Task 2, Public Charrette after the Charrette ;ity for Task 4, Final Presentation BASE To perform the base informaft( the Consultants shall be provided the Client with the following types of MAP(S), which indicate existing ~ lines, buildings, rights-of-way, easements, plus limitations if known, etc.; format or comparable computerized files, and should be to be determined in coordination with the Client. the study area, including driveways, and sidewalks, should be in AutoCAD as hard copy at a scale CURRENT ZONING or FUTURE LAND USE MAP, and supporting information as necessary to interpret the map. - AERIAL PHOTOGRAPHS, in plan view, such as 'REDI-Maps~ at the largest possible scale and preferably in color. - PROPOSED PLANS (if any) for developments for the site, including development program, phasing, site plan and any submitted traffic analysis. OTHER RELEVANT INFORMATION, such as existing zoning regulations, street standards, historical background, previous studies etc. ;rOeaW. NERSHIP MAPi r~ecting current ownership of land ~ within the study The Consultants and their team agree tO p~rform the described above Tasks I - 4 for fees set at $80,000 plus expenses estimated at ~,,000. Fee Breakdown: ~ Fees Expenses Pre-Charrette $ $1,500 Charrette $ $10,500 Final Work Products $ 3,000 TOTAL 80,000 $15,000 The expense figures account for meals, reprographic services. To minimize exp~ it is in advance. booked well in advance, and schedule the on-location work well Any additional services shall be ch~ rates are as follows: ed on an hourly basis ~ith the Client's approval. Hourly $175 per hour for princip Dover and Kohl; $130 per hour for projet ers; $100 per hour for staff ners, architects, illustrators; $ 75 per hour for and assistants; and $ 35 per hour work. TERMS: ~/// The Consultants require a retainer/deposit of 30% of the fee ($24,000) prior to scheduling and beginning the work. Invoices will be made monthly with the balance due 15 days upon receipt. Overdue accounts are charged a late fee of 1.5% per month. Payment Schedule: Sign Contract (Retainer) End of Charrette Final Presentation TOTAL Fees Estimated Expenses $ 24,000 $ 0 $ 40,000 $12,000 $16,000 $ 3,000 $ 80,000 $15,000 CHANGES IN THE SCOPE OF WORK: Changes in the scope of work m~be accomplished after exe~:ition of this agreement, and with°ut invalidating this agreement' ~xChange Order' ~ A Change Order is a written instrument I~epared by the ConsUltants and signed by the Client and the Consultants stating their agreemeRt [~xn all of the fol/J,~wing: 1. a change in the Scope of Work; ~ ~ 2. the amount of the adjustm net in theX~otal F~es, if any; and 3. the extent of the adjustment in the Sc'~d~J~, if any. TERMINATION OF THE WORK: If this project is suspended or delayed for an, be paid for all work to date and all reimburs. toward this amount. / / OWNERSHIP OF DOCUMEN/'I'/~: / has begun, the Consultants shall date. The retainer shall be credited In the course of this project, draw/ngs, graphic aids and written Is will be produced as documentation. Original art works/shall remain the property of Victor and Joseph Kohl or f the subconsultants; a set of full,quality reproducible copies will be to the Client. CAD data will also be provided on ~Jiskette to the Client for use on this and ure projects. This agreement provides the Client/~ith permission to publish these documents, this permission does not extend to others/without written consent from Dover, Kohl Partners or subconsultants; all reproductipns and publications must carry the credit 'Dover, & Partners, South Miami, FL'. If the plan/~ or drawings are altered in any way subsequent to their submittal by the Consultants to the Client, the Consultants shall retain the right to remove their names from any drawings and/or docur~ts including documents used for the permitting and approval process, marketing, and promotion. Sincerely, DOVER, KOHL & PARTNERS Victor Dover AIOP If the above arrangem~e ts meet with your approval, please sign be/lew, indicate acceptance of awnoYrk.Options, and return ahk,executed copy to us with the retainer~o that we may schedule the A'dcepted for the City of Iowa City b~ate Ernest W. Lehman. Mayor / PrintNameandTitle - / ~, City Clerk o~f~in~'k~id~.~:~:~ i~c~h~E~]at~e~i: ~s of e~' w~'.~--a,~ ~e prope~ o~~~~oh~~ ~~ c~:~;:~tio~a~d d--~.&~ e.a ~s ~, ,~~~..e p... of ill~e~n?~t~d~.~,~p~r~r~i~o?;~ d~]]lr~ra~si~hlf ie]~l~Z~z~ion oft p~o' ct orV erros or miss.s b fut~~ n~~~)~~p:~~Z~p~r~r~a~t~r;; ~]~]t; by Dover. Kohl& g:~datakcadataq~egahsarahkland Prepared by: Jeff Davidson, Assist. Director, PCD, 410 E. Washington,.St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 98-116 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SUPPLEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC. (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM INC.) CONCERNING ACT INC.'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY. WHEREAS, ACT Inc. is a major property owner in northeast Iowa City; and WHEREAS, the City of Iowa City desires to extend arterial streets through ACT Inc.'s property, said arterial street extensions which will benefit ACT Inc.; and WHEREAS, ACT Inc. and the City have previously executed an agreement entitled "Agreement Between the City of Iowa City and American College Testing (ACT) Concerning ACT's Master Development Plan" dated December 15 1992 (hereinafter "Original Agreement") wherein ACT agreed to dedicate right-of-way to the City for said arterial streets. WHEREAS, the alignment of the east-west arterial street, now known as the Captain Irish Parkway, has changed since the execution of the Original Agreement, necessitating the negotiation of a supplement and amendment to that agreement. WHEREAS, an agreement supplementing and amending the Original Agreement has been negotiated between the City of Iowa City and ACT Inc. for the dedication of right-of-way and granting of certain construction easements for arterial street extensions through ACT Inc.'s property and for sharing of certain construction costs. 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 Supplement and First Amendment to Agreement Between the City of Iowa City and ACT Inc. concerning ACT Inc.'s Master Development Plan and Street Improvements by the City of Iowa City, a copy of which is attached hereto and incorporated herein by this reference. Passed and approved this 24th ATTEST: ~~P CITY~CI_ERK day of March ,1998. Ap, p"~¢d by City Attorney's Office ppdadnVres/act.doc Resolution No. 98-116 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderh0ef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Thomas H. Gelman 321 E. Market St. (319)354- l 104 Iowa City, IA 52244 SUPPLEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ACT INC. (FORMERLY THE AMERICAN COLLEGE TESTING PROGRAM, INC.) CONCERNING ACT INC,'S MASTER DEVELOPMENT PLAN AND STREET IMPROVEMENTS BY THE CITY OF IOWA CITY This supplemental agreement and first amendment ("Supplement") is made by and between ACT Inc. (formerly The American College Testing Program, Inc.) an Iowa corporation with its principal place of business in Iowa City, Iowa ("ACT") and the City of Iowa City, a municipal corporation ("City"). RECITALS 1. ACT and City have previously entered into an "Agreement between the City of Iowa City and Anterican College Testing (ACT) concerning ACT's Master Development Plan" dated December 15, 1992, referred to herein as "Original Agreement". 2. ACT and City now wish to supplement and amend the Original Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FORGOING RECITALS, OF THE MUTUAL PROMISES HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, IT IS AGREED BY AND BETWEEN ACT AND CITY AS FOLLOWS: 1. STREET ALIGNMENT. The Original Agreement contemplated the construction of an east-west arterial street through ACT property, said east-west arterial street hereinafter referred to as the Captain Irish Parkway. The Original Agreement also contemplated the extension of First Avenue north from its existing terminus through ACT property to an intersection with the Captain Irish Parkway. The City plans to proceed with an extension of the Captain Irish Parkway through real estate now owned by ACT, with said Captain Irish Parkway to intersect with the proposed extension of First Avenue and a south entrance driveway to the ACT campus. These street alignments are shown on Exhibit "A-I" attached hereto. All portions of the Captain Irish Parkway and First Avenue extended, if constructed, shall have an 85-foot right-of-way and shall be constructed on the alignment shown on the attached Exhibit A-1. 2. COSTS. The provisions of the Original Agreement pertaining to the costs of construction of the Captain Irish Parkway and First Avenue extended are unaffected by this agreement and remain in full force and effect. As contemplated in paragraph 8 of the Original Agreement, the parties hereto acknowledge that the City is initiating the construction of the Captain Irish Parkway from its intersection with Dodge Street, thence easterly through ACT's real estate to a point past the projected intersection with First Avenue and ACT's south entrance driveway and, pursuant to the Original Agreement, the City shall thereby bear all expenses of construction of the Captain Irish Parkway, including those identified in this Supplement and First Amendment. 3. DEDICATION/CONVEYANCE OF RIGHT-OF-WAY. Consistent with the terms of the Original Agreement, ACT shall dedicate or otherwise convey to the City, no later than April 15, 1998, in fee simple, the 85-foot wide rights-of-way for the Captain Irish Parkway and First Avenue extended as set out on Exhibit A-1 attached hereto. Said dedication or conveyance shall be in fee simple and shall be as contemplated in the Original Agreement, with the exception that the right-of-way to be dedicated for the First Avenue extension shall now be 85 feet in width rather than the originally anticipated 60 feet in width. 4. CONSTRUCTION/COST ALLOCATION. After the dedication/conveyance of right-of-way, the City shall proceed with the construction of the Captain Irish Parkway from ACT's west boundary line to a point at or beyond the proposed intersection with First Avenue extended. Because of the material changes in alignment of Captain Irish Parkway from the Original Agreement, the City shall also construct ACT's south entrance driveway from the existing ACT campus to its intersection with the Captain Irish Parkway. The City's construction and expense for ACT's entrance driveway as indicated above shall include all earthwork, paving, storm water drainage, mobilization, surveying, contingency, and design/administration costs. (City expense shall specifically not include light poles with luminaries and base, rigid steel two-inch conduit, electrical conductors, RM-17 handholes, trees, irrigation, sodding, and signage elements of the ACT south driveway extension project.) The City shall have access to ACT property as necessary to construct ACT's south entrance driveway. 5. TE1V[PORARY CONSTRUCTION EASEMENTS. Attached hereto as Exhibit "B" is a plat depicting and describing the temporary construction easements (including work zone easement) on ACT property required for construction of the first phase of the Captain Irish Parkway Project. ACT agrees to grant to City, without compensation, no later than April 15, 1998, said temporary construction easements in substantially the form of the agreement that is attached hereto as Exhibit "C". 6. EXPANSION OF RIGHT-OF-WAY. The Original Agreement was based upon an expectation that the Captain Irish Parkway would have a right-of-way of 85 feet in width and that the First Avenue extension would have a right-of-way of 60 feet in width. As indicated above, ACT agrees to an expansion of the right-of-way width to be dedicated for the First Avenue extension from 60 feet to 85 feet. However, in the event the City chooses to expand the right-of-way width of First Avenue extended and/or the Captain Irish Parkway to more than 85 feet in width, it is agreed and acknowledged by ACT and the City that such additional right-of-way is not anticipated under the Original Agreement nor this Supplement, and the acquisition of such expanded right-of-way will be subject to appropriate compensation to ACT for the additional real property taken for right-of-way purposes. Furthermore, ACT and the City agree that future extensions of the Captain 2 Irish Parkway and/or First Avenue shall be in accordance with the alignment shown in Exhibit A-1 attached hereto, and if the City modifies said alignment from that shown in Exhibit A-1, the City will reimburse ACT for any additional grading, development and/or infrastructure ccnstruction costs that result from the modified alignment and would not have been incurred by ACT but for such alignment modifications. Provided, however, that this obligation of the City shall not obligate ACT to agree to a revised alignment or voluntarily convey additional right-of-way at variance to Exhibit "A-I" to the extent that the change in alignment materially impacts ACT's long range development plan as disclosed to the City at the time of the Original Agreement (see paragraph 1 of the Original Agreement). 7. INTERSECTION WITH OLD DUBUQUE ROAD. The City has advised ACT that it will extend the Captain Irish Parkway from the proposed extension of First Avenue westerly to Old Dubuque Road and then further westerly to Dodge Street, all as part of the same project. City agrees that it will install, at its expense, a leA-turn lane on Dubuque Road at its intersection with the Captain Irish Parkway to serve current and future anticipated traffic at such point. 8. ACCESS. a. The intersection of the proposed First Avenue extension and the Captain Irish Parkway will leave a parcel of real estate owned by ACT in the southwesterly quadrant of the intersection. Resulting from topography, sight distance and other unique features of the real estate and the location of the arterial streets, access to this parcel from the Captain Irish Parkway is best available as far westerly from the proposed extension of First Avenue as possible. At the present time the intended use of this parcel is undetermined. City agrees that ACT may have up to one driveway access point from this parcel to the Captain Irish Parkway and one driveway access point from this parcel to First Agenue extended (if constructed) with the final location(s) to be determined in conjunction with the actual development of the parcel and based on the final street configurations in accordance with City standards and specifications. City will not unreasonably prohibit an access from this parcel to the Captain Irish Parkway and/or to First Avenue extended if the developed use reasonably support, s such access point(s) under City standards and specifications. b. Other access points to ACT's property along the proposed Captain Irish Parkway shall be subject to being established in conjunction with the future installation of the arterial and ACT's development of its contiguous real estate. City acknowledges that access points will be available subject to ACT satisfying City development standards, including but not limited to appropriate design and traffic load standards for intersecting arterials, intersecting collector streets or intersecting private driveways for high volume traffic uses. 9. LANDSCAPING. As part of the Captain Irish Parkway construction project, the City shall grade and landscape real property within the Captain Irish Parkway right-of-way consistent with applicable design standards, which include the planting of ground cover, the planting of forest trees as defined by Iowa Code Section 427C.5, and the implementation of erosion control. In consideration of ACT's granting to the City the temporary construction easements necessary to facilitate the constraction of the first phase of the Captain Irish Parkway project, as provided in paragraph 5 of this agreement, the City, within such easement areas, shall grade, landscape and plant trees consistent with the require,ncnts for arterial street rights-of-way. Additionally, the City shall provide, at its expense, if not otherwise required by arterial street right-of-way standards, the following: a. In areas where, due to natural drainage patterns, water is concentrated during storm periods, the surface shall be stabilized with an engineered erosion control blanket designed to withstand the specific soil and water characteristics. b. The City shall reestablish disturbed areas within the street right-of-way and temporary construction easements in accordance with standard City practice for Public Works projects. All such disturbed areas within the temporary construction easements shall be seeded except where slopes are greater than 4 to 1, in which case blue grass seed shall be provided and maintained by watering and mowing until established, and no slopes shall be greater than 2.5 to 1. c. Disturbed remote areas or disturbed areas where a mowed lawn is not required shall be seeded with a high quality roadside mixture (such as, or comparable to, Lot~s Reclaimed Conservation Mix-Dry Formula), according to the manufacturer's recommendation. d. Temporary construction easement areas shall be otherwise restored as close as possible to pre-construction conditions subject to the above landscaping improvements and grade changes accommodating street construction. -e. Forest trees, as defined by the Iowa Code, displaced by construction shall be )eplaced on a reasonable basis, although not necessarily on a one for one basis. 10. CONFIRMATION OF ORIGINAL AGREEMENT. Except as specifically supplemented or modified in this Supplement and First Amendment, the Original Agreement entered into between the parties on December 15, 1992, shall remain in full force and effect. ACT, ~ /9 ~ CITY OF IOWA CITY Richard L. Ferguson, President Ernest W. Lehman, Mayor Joe B. P Marian K. Karr, City Clerk Approved by: City Attorney's Office STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this 1 st day of__ Apri 1 , 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard L. Ferguson and Joe B. Pugh, Jr., to me personally known, who being by me duly sworn, did say that they are the President and Vice President, respectively, of the corporation executing the within and foregoing instrument; that (no seal has been procured by the said corporation) (the seal affixed hereto is the seal of the said corporation); that said instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; and that Richard L. Ferguson and Joe B. Pugh, Jr., as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ~.~ KIMBERLYL. KOPF i 11-13'9~' I Notary Publ~Jin and for t~ state of Iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this . d.5/ day of 77~q,,~c~ , 1998, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; 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 Resolution of the City Council on the ~gq ~c day of 7T~a,~ch , 1998; and Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument o 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 6 "'i!1 N(~llne T. Lamon. Chade~ Jeffrey N 01'15'42" W _ WEST UNE SW 1/4 SECTION I 179N R6W -88.47' S 01'15'42" E 2641.32' · co ............. 'q ~.-q 561.61 .Z ()0 II II ~ m II II ~ II II II ~ ~ II ' ~ ~ ~ ' ~, ~ ~o.~ o~o · I ~ 'q~ ~ , rrl z ~ 0 S 01'24'50" E 2627.40' S 01'24'50" E 2575.14' EAST UNE S~ 1/4 ~C~ 1 ~gN RSW EAST DNE NW m Owner: ACT, Inc. TEMPORARY WORK, ?ONE EASEMENT DESCRIPTION A part of real estate described in Warranty Deed in Book 569, Page 44, at the office of the Recorder of Johnson County, Iowa, more particularly described as follows: Commencing at a set 5/8" rebar marking the West 1/4 corner of Section 1, T79N, R6W of the 5th P.M. in the City of Iowa City, Iowa; thence S 01 ° 15' 42" E (an assumed bearing) - 519.98 feet along the West line of the SW1/4 of said Section 1; thence N 72° 38' 39" E - 196.51 feet to the Point of Beginning of this Temporary Work Zone Easement; thence N 72° 38' 39" E - 400.00 feet: thence N 17° 21' 21" W - 120.00 feet; thence S 72° 38' 39" W - 400.00 feet; thence S 17° 21' 21" E - 120.00 feet to the Point of Beginning. Total Work Zone Easement contains 1.10 acres. EXHIBIT "C" Prepared by: Eleanor M. Dilkes, City Attorney.; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR THE CAPTAIN IRISH PARKWAY PROJECT THIS AGREEMENT, made and entered into by and between ACT, Inc., hereinafter "OWNER", and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNER and CITY agree as follows: OWNER states and covenants that it is the owner of certain real estate described in Exhibit-A attached hereto, by virtue of legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. OWNER does hereby grant and convey to the CITY a temporary construction and work zone easement in, over and across that portion of OWNER's property described and shown in Exhibit A attached hereto (construction easement and work zone easement hereafter collectively referred to as "Temporaw Construction Easement" and "Temporaw Easement Areas") for the purpose of facilitating ClTY's construction of the Captain Irish Parkway Project ("public improvement"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporaw Easement Area, as needed to complete said public improvement. The term of this TemporaW Construction Easement will be for the period of time required by the CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporaw Construction Easement extend beyond June 30, 1999. With respect to the Temporaw Construction Easement, OWNER grants the following rights: CITY shall have the right to make excavations within the Temporary Easement Area, and to grade as CITY may find reasonably necessary for the construction. CITY, for itself and its agents, covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold OWNER harmless from third party liability (including but not limited to attorney fees and costs of defense) during said construction and its use of the easement granted herein. CITY shall promptly backfill any trench made by it, and repair any damages caused by the CITY within the Temporary Easement Area. The CITY shall indemnify OWNER against loss or damage which occurs as a result of the ClTY'S negligent acts or omissions in the exercise of its easement rights herein. Once the Temporaw Easement Area has been restored in accordance with this Temporaw Easement Agreement and except as expressly provided in this Temporary o o -2- Easement Agreement, the CITY shall have no further responsibility for maintaining the Temporary Easement Area. CITY shall have the right of ingress and egress to and from the Temporan/ Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to the OWNER. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of the CITY'S rights pursuant to this Temporary Easement Agreement. CITY covenants and agrees that underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. CITY acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and that following installation of the public improvement, all areas within the Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition with the exception of the replacement of trees, shrubs, and brush and changes in topography or elevation. Nothing in this agreement is intended to release or limit the obligations of CITY for restoration of the Temporary Easement Area as may be additionally required in Paragraph 9 of the Supplemental and First Amendment to Agreement between CITY and OWNER concerning ACT, Inc.'~ Deyelopment Plan and Street Improvements by the City of Iowa City, dated ' ! ,1998. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. SIGNED this / day of ~~¢ CITY OF IOWA CITY, IOWA BY: rnes~tW.~n, a~y~or~' Manan K. Karr, City Clerk -3- ,1998. ACT, INC., OWNER Name & Title -~"/, · By: Name & Title Approved by City Attorney's Office OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this 1 st day of Apri 1 ,1998, before me, a Notary Public in and for tile State of lowa, personally appeared Richard L. Ferguson and Joseph B. Pugh, Jr. to me personally known, who, being by me duly sworn, did say that they are the Pres i dent ~ and Vice President of ACT, INC., the corporation executing the within and foregoing instrument, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said ~ Presi dent and Vice Presi dent 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. '2; "," KIMBERLY L. KOPF j My Commission Expires 11. t3oqJ' Notary Public(]~and for t[~ State of Iowa. -4- CIT'Y'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ~ '"~ day of '7"~x-~ ,1998, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. rnaryrn\land-acq\irish\act.tce Notary Public in and for the State of Iowa Prepared by: CSO Don Strand, Police Department, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5275 RESOLUTION NO. 98-117 RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO BE HELD MAY 2, 1998. WHEREAS, the Iowa City Police Department has during the past few months stored a number of bicycles which have been abandoned by their owners; and WHEREAS, the Iowa City Police Department has made every effort to locate the owners of these bicycles and has been unsuccessful in its efforts; and WHEREAS, the number of bicycles which have accumulated have become a storage problem, and the same are a burden to the City of Iowa City; and WHEREAS, it is in the public interest that said bicycles be sold at public auction to the highest bidders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Police Chief is authorized and directed to sell the abandoned bicycles at public auction to the highest bidder therefore on May 2, 1998 at 1:00 in the Chauncey Swan Parking Ramp and the notice of said sale shall be published in the Iowa City Press- Citizen once each week for two consecutive weeks the date of the last publication being no more than one week prior to the day of sale. Proceeds of the sale of these bicycles shall be paid to the Public Safety fund portion of the budget of the City of Iowa City after first deducting therefrom the costs of the sale. Passed and approved this 24th day of March , 1998. ATTEST:ciT~ERK ~- police~bike. res Resolution No. 98-117 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Kim Johnson, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 356-5139 RESOLUTION NO. 98-118 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WATER FACILITY SITE DEVELOPMENT - PHASE I IMPROVEMENT PROJECT. WHEREAS, Maxwell Construction Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $3,961,690.03 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Maxwell Construction, Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of Hatch , 1 998. CITY"GLERK C~/Attorney s Office pweng\res\water 1 .doc Resolution No. 98-118 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Water Facility Site Deve~ent- ADVERTISEMENT FOR BIDS IOWA CITY WATER DIVISION WATER FACILITY SITE DEVELOPMENT- PHASE I IMPROVEMENT PROJECT IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17~ day of March, 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on March 24, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: pond stabilization, earthwork, PCC paving, ACC paving, sludge lagoons (with piping and appurtenances), storm sewer, sanitary sewer, raw water mains, concrete river intake structure (with screens and appurtenances), electrical distribution system, well abandonments and adjustments, constructed wetlands, seeding, landscaping and site electrical. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 4685 Merle Hay Rd., Des Moines, Iowa 50322, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. FOR BIDS Howar~R~~Con Company Proje~.N~o. 51301~_. Iowa Cib~/Vater~ Water Facility Site D...e~lopment - Phase I I~ovem~t Project ~- Iowa Ci~owa Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to Proceed Date: March 24. 1998 Completion Date: May 30, 1999 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications -and form of proposal blanks may be secured at the office of Howard R. Green Company, Consult'rig Engineers, 4685 Merle Hay Rd., Suite 106, Des Moines, Iowa 50322, by bona fide bidders. A $100.00 deposit is required for each set of plans and specifications provided to bidders or _other interested persons. The fee shall be in the form of a check, made payable to Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). ; The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. Howar"'d~~een Company Proj.~"No. 51~. Iowa City ivision Water Facility Site De.y~l(~ment ~ Ph ase I I mpr.9,v~ment~Project -'Iowa City,~, iowa A listing of minority contractors is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa City Civic Center by calling 319-356-5022. By virtue of statutory authority, preference will be given to products and provisio. ns grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act, Section 23.21, Code of Iowa (1997), applies to the contract with respect to bidders who are not Iowa.residents. The Cif~ reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published.upon order of the City Council of Iowa City, Iowa. ' MARIAN K. KARR, CITY CLERK Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 98-119 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. WHEREAS, Peterson Contracators, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $205,941.41 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: That the contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of Hatch , 19 98 ATTEST: A p pr(~d.~~ City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: .X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\wiilgalw.doc ADVERTISEMENT FOR BIDS WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17th day of March, 1998, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a '"sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 24th day of March, 1998, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of an A.C. Concrete OR P.C. Concrete recreational trail including 3,831 s.y. ACC pavement, OR Alternate #1 - 3,831 s.y. fiber reinforced P.C.C. pavement, 102 s.y. PCC sidewalk, 2 pre-engineered truss bridges, 32 c.y. structural concrete, 2,697 c.y. Class 10 excavation, 212 I.f. of vadous size storm sewer/culv ert, 320 s.f. modular retain- ing wall, and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Landmark Surveying & Engineering, Inc. of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid secudty shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, AF-1 pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any Idnd caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 60 Early Start Date: April 6, 1998. Late Start Date: May 1, 1998. Days used prior to the late start date will not be counted against the Contractor. Liquidated Damages: $250 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer, Iowa City, Iowa, by bona fide bidders. A $20 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contrac- tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are AF-2 utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- tained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Whereupon, the Mayor declared said Resolution duly adopted as fiDllo~vs: Resolution Nc. 98-120 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF S8,500,000 GENERAL OBLIGATION BONDS AND LE~%Aq'qG A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by vim~e of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition of land for streets and sewers; improvements to streets, bridges, sidewalks and public ways; the rehabilitation and improvement of city parks; the reconstruction, extension and improvement of the municipal ai~ort; the reconstruction, improvement and repair of xvater works property; and the reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams and detention facilities, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the amount of S7,400,000 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 S9.180,000 Bonds, and the Council is therefore now authorized to proceed with the issuance of 57,400,000 Bonds; and WHEREAS. the City' is in need of funds to pay' costs of the improvements to the South Side Soccer Fields, a gene:-~l corporate purpose, and it is deemed necessary' and advisable that General Obligation Bonds in the amount of 5400.000 be issued for said purpose; and WHEREAS, the CiD, is in need of funds to pay costs of the construction of a new Central Maintenance Facilit2:' for :he Parks Division, a general coTorate purpose, and it is deemed necessary and advisable :Sat General Obligation Bonds in the amount of S700,000 be issued for said puWcse; and WHEREAS, the City has ~ population of more than 5,000 but not more than 75,000; and -3- WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of $620,000 Bonds for general corporate purposes in the amounts as above set forth. and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of $400,000 Bonds thereof; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance of $700,000 Bonds thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and WHEREAS, pursuant to t?.e 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 COL~-CIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. ~-2e following terms shall have the £ollowing meanings in this Resolution unless the text expressly' or by necessa~ implication requires otherwise: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as :'he beneficial owner of such Bond by a Partici?aT_: on the records of such Participant or such person's subrogee. "Bonds" shall mean S8,500,000 General Obligation Bonds, authorized to be issued by this Resolution. -4- "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, a New York corporation, Ne~v York. New York. "Issuer" and "City" shall mean the City of Iowa City, Iowa. Oil "Notice of Sale" shall mean the official Notice of Sale as published ,1998. "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 tee 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 presc~bed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the RegisPar shall also act as Transfer Agent for the Bends. · "Representa.~on Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds on file at DTC.. -5- "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the folloxving direct annual tax on all of the taxable property in Iowa City, Ioxva, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: S1,024,313 1998/1999 936,112 1999/2000 909,956 2000/2001 884,800 2001/2002 859,500 2002/2003 833,913 2003/2004 808,037 2004/2005 782,163 2005/2006 756,287 2006/2007 730,413 2007/2008 679,250 2008/'2009 653,950 2009/2010 628,100 2010/2011 602,250 2011/2012 576,125 2012'2013 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1998, will be collected during the fiscal year commencing July 1, 19991!. -6- (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 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 xvhatsoever. (c) Additional Ciw 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 FU~'ND 1998 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City, from railway, express, telephone and telegraph companies and other taxes assessed by' the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest oppo~anit?'. Any balance on hand in the Project Fund and nor. :.minedlately required for its puGoses may be invested not inconsistent with limitations -'_rovided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All mone;'s held in the Bond Fund, provided for by Section 3 c. fthis Resolution shall be invested in investments permitted by' Chapter 12B, Code of Iowa, 1997 (formerly' Chapter 452, Code of Iowa, as -7- 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 on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $8,500,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Io~va for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated April 1, 1998, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1998, and semiannually thereafter on the 1st day of June and December 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 ox~ ..-her of the Bond. The Bonds shall be in the denomination of 55,000 or multiples thereof. The Bonds shall mature and bear interest as follo~vs: -8- Interest Principal Maturity Rate Amount June I st 4.350% :5575,000 1999 4.375% 575,000 2000 4.375% 575,000 2001 4.400% 575,000 2002 4.450% 575,000- 2003 4.500% 575,000 2004 4.500% 575,000 2005 4.500% 575,000 2006 4.500% 575,000 2007 4.550% 575,000 2008 4.600% 550,000 2009 4.700% 550,000 2010 4.700% 550,000 2011 4.750% 550,000 2012 - 0/ 4.7>0 ~o 550,000 2013 (b) Redemption. Bonds maturing after June 1, 2007, 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 ofmam~r?' and within an annual maturitv by lot. The terms of redemption shall be par, ?i,~s accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary. mail to the registered owner of the Bend. Failure to give such notice by mail to any registered owner of the Bonds or an'.' 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 ro 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 o~vners of the entire annual maturity until the total amount of bonds to be called has been reached. -9- Section 6.1. DTC - Regist..mtion. 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 xvire transfer or Ne~v York Clearing House or equivalent nex:. 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 skall 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 t~ereof to be redeemed, giving an,,' 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 t?.e Issuer shall be affected by' any notice to the contrary'. Neither the Paying Agent and Registrar nor the Issuer shall have an,,' responsibility' or obligation to any Participant, an':- 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 payTnent by DTC or any' Participant of any amount in respect of the principal or redem2don 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 seiection 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 seal! pay all principal of and premium. if any, and interest on the Bonds only to Cede & Co. in 2ccordance with the Represen:at:.on Letter, and all such payments shall be valid and efrbc:ive to fully satisfy' and dischar7e the Issuer's obligations with respect to the principal of and premium, if an,,,', and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each se?amte stated maturity evidencing d".e 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 -10- 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 ~vill 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 Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds xvill 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 xvith 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 tlnat any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereo~ 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 ins..'Tuments of transfer to the pertained transferee. In the event Bond certificates are issue5 to holders other than Cede & Co., its successor as nominee for DTC as holder ofali 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 :2':e method of payment of princi?al of and interest on such certificates. Section 6.7. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purcEaser, and to the attorneys approving the legality, of said -11- 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) Retistration. 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 Regiswar 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 assig'nment duly executed by the holder or bas 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 tee registered owner of a Bond (otlner 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. Upop. tee transfer of any such Bond, a new fully registered Bond. of any denomination or denominations permitted by this Resolution in aggregate principal amoun: equal to the unmatured and unredeemed princi?al amount of such transferred futlv registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. -12- (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute ow'ner 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 fo~vard 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 da:e, 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 liabilit?' of the Issuer to the owner thereof for such interest or payment of such Bonds sea11 forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liabiliD' 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 pa:-: under this Resolution or on, or with respect to, such interest or Bonds The P2-.'int A=ent s obligation to hold such funds shall continue for a period equal to m'o '.'ears and six months following rb.e date on which such interest or principal beca:w._e due, whether at maturity, or at the date fixed for redemption thereof, or oti"_er~vise, 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 wha:ever nature shall be made upon the Issuer. -13- (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 o~vner who so requests. 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 ne~v 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 proofofo~vnership 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, otherv,'ise 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?rincipal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution. A'.:thentication and Delivery or'the Bonds. Upon the adoption of this Resolution, the _X, Iayor 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 fight or benefit hereunder up. 2ess the Registrar shall duly endorse and execute on such Bond a Certificate of Authentica~on substantially in the form of the Certificate herein set forth. Such Certificate upon an,.' Bond executed on behalf oftb. e Issuer shall be conclusive evidence that the Bor. 5 so authenticated has been duly issued under this Resolution and that the holder tksreofis entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Re~strar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered ~ondholder. -14- 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) ] ] (6) (1) (9) (9a) (10) (Continued on the back of this Bond) I (11)(12)(13) (14) I [ (15) FIGURE 1 (Front) -15- (10) (Continued) (16) (~7) FIGURE 2 (Back) -16- The text of the Bonds to be located thereon at the item numbers shown shall be as follo~vs: Item 1, figure 1 "STATE OF IOWA" "COL .-NTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" ."CORYORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: April 1, 1998 Item 5, figure l = 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 laxvs 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 = (Reg::stration panel to be completed by Registrar or Printer with name of Registered O,,vner'~. Item 10, figure 1 = or re~stered 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, PaySrag Agent of this issue, or its successor, with interest on said sum from the date hereofun.--il paid at the rate per annum specified above, payable on December 1, 1998, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal slnai2 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 pa.vr_.ent date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. -17- This Bond is issued pursuant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the acquisition of land for streets and sewers; improvements to streets, bridges. sidewalks and public ways; the rehabilitation and improvement of city parks; the reconstruction, extension and improvement of the municipal airport; the reconstruction, improvement and repair of water works property; the reconstruction, extension, improvement and equipping of works and facilities for the collection and disposal of surface waters and streams and detention facilities; improvements to the South Side Soccer Fields; and the construction of a new Central Maintenance Facility for the Parks Division, 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 an.,,' payment is made to Cede 8,: Co. or to such other entity as is requested by an authorized representative of DTC), ANY TILA. NSFER, 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, 2007, 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 :'~me in part, in any order of matur/~' and within an annual maturity.' by lot. The term._s of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinar',' mail to the registered owner of the Bond. Failure to gi'.'e 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 bends or portions thereof called for redemption will cease to bear interest after the speci:~e~. redemption date, provided funds for their redemption are on deposit at the place of?a:, .-7nent. If selection by lot within a maturity is required, the Regismar shall designate the bonds to be redeemed by random: selection of the names of the re~stered o~vners of the entire annual maturity until the tc, tal amount of bonds to be called has been reached. -18- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City ConPoller, 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 o~vner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the fight to substitute the Registrar and Paying Agent but shall, ho~vever, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article S of the Uniform Commercial Code and Section 384.31 of the Code of Io~va, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed pr--cedent 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 pa? .--:nent of the principal and interest of this Bond as the same will respectively become d',xe; 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 exeeed the constitutional or statutotw limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signam.-_- of its Mayor and attested by' the manual sig-nature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an autho~ze~. representative of the Registrar. the City Controller, Ioxva City, Iowa. Item 11, figure 1 Item 12, figure 1 = Date of authentication: = This is one of the Bonds described in tine within mentioned Resclution, as registered bv the CiD' Controller. CIT':' CONTROLLER. Registrar Item 13, figure 1 Authorized Sig-nature = Re~s.-:rar and Transfer Agent: City Controller P~ ~_ = Agent: City' Controller -19- Item 14, figure 1 Item 15, figure 1 SEE REVERSE FOR CERTAIN DEFINITIONS = (Seal) = [Signature Block] CITY OF IOWA CITY, IOWA (manual si.~nature) Mayor 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 sig-nature) Ciw Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assig-nment 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 herebv irrevocably constitute and appoint attorney in fact to transfer the said Bond cn the books kept for registration of the within Bond, with full po~ver of substitution in the premises. Dated -20- (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 accordance ~vith the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligSble guarantor institutions that participate in a recognized signature guarantee pro=on-am. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transt~ree(s) Transferee is a(n): Individual* Corpora:ton 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 stud 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 v,-NT. en out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants b'.- the entireties JT TEN - as joint ten~,z.nts with right of surv'ivorship and not as tenants in common -21- IA UNIF TRANS MIN ACT - ............ Custodian ............ (Cust) (Minor) under Io~va Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Contract Bet,.vecn Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. 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 tit. at throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge anS. 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. W!'.hout limiting the generality of the foregoing, the Issuer hereby agrees to comply with tb.e 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 Treasure_- is hereby directed to make and insert all calculations and determinations necessary to zomplete 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. Severabiliw Clause. If any section, para=m:a?h. clause or provision of this Resolution be held invalid. szch invalidity shall not affect an'.' of the remaining provisions hereof, and this Reso~'_:tion shall become effective immediately upon its passage and approval. Section 16. Continuing D*.'sclosure. The Issuer hereby covenants and a~ees that it will comply with and carry out a:l of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure CertiEcate are hereby incorporated by reference as par:. of this Resolution and made a ?z..'-r hereof. -22- Not~vithstanding any other provision of this Resolution, failure of the Issuer to comply ~vith 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 necessar?' 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 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 owne,~ 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 a,Svisors, 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 wit?:out the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessa~ to maintain tax exemption with respect to the Bonds under applicable Federal laxv or regulations. Section 19. Repeal of Co.-,_.fiicting Resolutions or Ordinances. That all ordinances and resolutions and parts ofordir.~nces and resolutions in conflict herewith are hereby repealed. -23- PASSED AND APPROVED this ATTEST: 24th day of March , 1998. Mayor erk PGOODRIC\128771\l\10714048 -24- March 24, 1998 CITY OF I0 WA CITY TO THE COUNTY AUDITOR AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA: I, Marian K. Karr, CMC, City Clerk of the City of Iowa City, Iowa, do hereby certify the attached Resolution with Exhibit A, a list of the unpaid mowing and clean-up charges, sidewalk repair charges, Ikozen water meter fees and water shut-off fees and a description of the premises where such delinquent accounts were incurred (together with the name of the owner thereof) to the County Auditor to be collected as regular taxes as by statute provided. As directed by the City Council this 24th day of March 1998. 410 EAST WASHINGTON STREET ,~ IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319 356-5009 Prepared by: Craig Standish, Controller, 410 E. Washington St., Iowa City, IA 52240; 319-356-5085 RESOLUTION NO. 98-121 RESOLUTION CERTIFYING UNPAID MOWING AND CLEAN-UP OF PROPERTY CHARGES, SIDEWALK REPAIR CHARGES, FROZEN WATER METER FEES AND WATER SHUT-OFF FEES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. WHEREAS, Section 364.12 of the Code of Iowa provides that the City Council may certify unpaid mowing and clean-up of property charges and sidewalk repair charges to Johnson County, for collection in the same manner as a property tax; and WHEREAS, Section 384.84 of the Code of Iowa provides that the City Council may certify unpaid frozen water meter fees and water shut-off fees to Johnson County for collection in the same manner as a property tax; and WHEREAS, there exist unpaid mowing and clean-up of property charges, sidewalk repair charges, frozen water meter fees and water shut-off fees for the owners and properties, and in the amounts specified in Exhibit A, attached to this Resolution and by this reference made a part hereof; and WHEREAS, the Council finds that the property owners have received a written notice of the date and time for the City Council's consideration of this resolution, at which time the property owners may appear before the Council and be heard concerning the unpaid charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the same manner as a property tax, unpaid mowing and clean-up of property charges, sidewalk repair charges, frozen water meter fees and water shut-off fees, as stated in Exhibit A attached. Passed and approved this 24th day of March ,1998. MAYOR ~//~Approved~ , ATTEST:c~/~LERK ~. City/~,ttorney's Office finacctg\res\cleanu p.doc Resolution No. 98-121 Page 2 It was moved by Th0rnberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef AR~LIEN98.DOC March 18, 1998 revised 3-18-98 EXHIBIT A ~VIO~G AND CLEAN-UP OF PROPERTI~ Sections 6-1-2c, 6-1-4a, b, 6-3, City Code & Section 364.12 (3), Code of Iowa (1997) PROPERTY OWNER: Bradford J. Houser PROPERTY OWNER'S ADDRESS: 1272 Dolen Place, Iowa City, IA 52246 PROPERTY: 707 N. Dubuque LEGAL DESCRIPTION: N 100' of S 170' of Outlot 33 O.T. PARCEL NUMBER: 61780 CHARGES: Mowing- $175.00 PROPERTY OWNER: Elizabeth Priest PROPERTY OWNER'S ADDRESS: PO Box 4306, LaFayette, IN 47903-4306 PROPERTY: 1226 Guildford Court LEGAL DESCRIPTION: Lot 69 Village Green Add. Part 3 PARCEL NUMBER: 57540 CHARGES: Weed removal - 5-29-97 $67.85 7-16-97 67.85 9-17-97 67.85 $203.55 PROPERTY OWNER: PROPERTY OWNER'S ADDRESS: Bernard Yeggy Estate c/o Mr. Philip Leff, Leff, Haupert, Traw and Willman, 222 S Linn Street, Iowa City, IA 52240 PROPERTY: 834 St. Anne's Drive LEGAL DESCRIPTION: Lot 20 Conway's SD Sec. 3-79-6, Exc. W 4' thereof PARCEL NUMBER: 63568001 CHARGES: Mowing - $50.00 SIDEWALK REPAIR Section 14 -1C - 3(C) and 14 - 1A - 6, City Code & Section 364.12 (2) (d) (e) Code of Iowa (1997) PROPERTY OWNER: Donald M. & Dorothy A. Crum PROPERTY OWNER'S ADDRESS: 515 Manor Drive, Iowa City, IA 52246 PROPERTY: 516 Manor Drive LEGAL DESCRIPTION: Lot 57 Park View Terrace Sub Div SE 1/4 sec 4-79-6 PARCEL NUMBER: 54472 CHARGES: Sidewalk repair - $80.00 FROZEN WATER METERS and WATER SHUT OFF FEES Section 14 - 3A - 6(B), City Code & Section 384.84(3), Code of Iowa, 1997 PROPERTY OWNER: Benjamin and Carolyn Barrientes PROPERTY OWNER'S ADDRESS: 418 N. Gilbert Street, Iowa City, IA 52245 PROPERTY: 418 N Gilbert Street LEGAL DESCRIPTION: N. 45' of Lot 5, Block 49, O.T. PARCEL NUMBER: 60367 CHARGES: frozen water meter repair - $65.45 PROPERTY OWNER: Elizabeth Priest PROPERTY OWNER'S ADDRESS: PO Box 4306, LaFayette, IN 47903-4306 PROPERTY: 1226 Guildford Court LEGAL DESCRIPTION: Lot 69 Village Green Add. Part 3 PARCEL NUMBER: 57540 CHARGES: After hours service call - $40.00