HomeMy WebLinkAbout2004-04-06 Resolution Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
RESOLUTION NO. 04-90
RESOLUTION SE'II'lNG A PUBLIC HEARING FOR APRIL 20, 2004 ON AN
ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION &
FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR
CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE
CHARGES.
WHEREAS, water rates, which were last increased in 2000, have generated revenues to pay the
costs of operation, maintenance, necessary expansion and debt service for the City's potable
water supply and system treatment; and
WHEREAS, the bid for construction of the new water supply and treatment facility and distribution
system was less than projected; and
WHEREAS, the present water rates will result in unnecessarily large reserves compared to actual
costs of operating the City of Iowa City water supply and treatment system; and
WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billing on
or after July 1, 2004 to adequately finance the City's water supply and treatment facility and
distribution system; and
WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates
for fees and charges for City utilities be provided to the public, prior to enactment of said rates for
fees and charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. A public hearing is hereby set for 7:00 p.m. on April 20, 2004, to be held in the City Hall
Council Chambers, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, to permit public input on the proposed rate increases,
decreases, or changes for fees and charges for water service changes.
2. The City Clerk is hereby authorized and directed to publish notice of said hearing in
accordance with State law.
Passed and approved this 6th dayof Apr'il ,2004.
Approved by
CITY'CLERK City Attorney's Office
finadm\res\water.doc
Resolution No. 04-90
Page 2
It was moved by Champion and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 04-91
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE BROOKLAND PARK SEWER SEPARATION 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:
1. 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 20th day of April,
2004, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public
hearing for the above-named project 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.
3. 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 6th day of Al~ri] ,2004.
City"~lerk
Approved by:
City Att~rney~'s O~ce
Resolution No. 04-9].
Page 2
It was moved by Champion and seconded by 0' Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Andy Mai'thews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 ph. (319) 356-5030
RESOLUTION NO. 04-92
RESOLUTION AUTHORIZING Ttl~ MAYOR TO SIGN AN]) THE CITY
CLERK TO ATTEST A SYNCttRONIZATION MASTER LICENSE
AGREEMENT WITH RED HOUSE RECORDS, liNC. TO PERMIT Tttlr, CABLE
DIVISION TO USE PORTIONS OF SOUND RECORDINGS AND
COMPOSITIONS IN CONNECTION WITFI TIlE DIVISION'S AVATAR
PROJECT.
WHEREAS, the City's Cable Division has developed and is cablecasting a program on the City's
City Channel 4 entitled "The Avatar Project", a live, interactive community program; and
WHEREAS, in order to use copyrighted music in connection with such programming,
authorization is required fi.om the person or entity owning the rights to such sound recordings and
compositions; and
WHEREAS, the City's Cable Division and Red House Records, Inc. have negotiated a
synchronization master license agreement setting out the terms and conditions of the license
agreement to permit the Cable Division to use portions of sound recordings and compositions of
local recording artist Greg Brown.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The synchronization master license agreement by and between the City of Iowa City,
Iowa and Red House Records, Inc., copy of which is attached hereto, is hereby approved
as to form and content; and
2. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said synchronization master license agreement in duplicate for and on behalf of the
City of Iowa City.
Passed and approved this fith day of April, 2004.
ATTEST: ~_'~,~ ) ~ ~ Approved b~y~/~/
C1TYX2LERK _~¢_ ~ q.-g~e~' y
City Attorney's Office
Resolution No. 04-92
Page 2
It was moved by Champion and seconded by (}'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
SYNCHRONIZATION MASTER LICENSE
This non-exclusive synchronization master and composition use license ("License") is entered into this 6th day
of April 2004 by and between Red House Records, Inc. a company organized and existing under the laws of
Minnesota carrying on business at PO Box 4044, St. Paul, MN 55104 C'Licensor"), and the City of Iowa City
for its Cable TV Division, ("Licensee") 410 E. Washington Iowa City, IA 52240.
Whereas, Licensee desires to use ("Usage") portions of the master sound recording(s) and composition(s) as
set forth in Schedule A attached hereto and hereby made a part hereof (the "Master(s)"), embodying the
performance of the Artists as set forth in Schedule A (the "Artists"), in synchronized time relation with the
program or film as set forth in Schedule A ("Program").
NOW THEREFORE, the parties do hereby agree as follows:
1. Grant of Rights
a. Licensor hereby grants Licensee the non-exclusive right to use the Master(s) in synchronized time
relation with the Program, subject to the teams and conditions set forth herein, and only within the
medium ("Medium") as listed in Schedule A. Licensee shall have the right to record, dub, edit and
synchronize the Master(s) into and with the Program, and to exhibit, distribute, exploit, market, broadcast,
and perform the Program with said synchronized Master(s) throughout the Territory ("Territory") and for
the term ("Term") as set forth in Schedule A.
b. The Master(s) shall be used solely in or in connection with the Program, and the grant of rights herein
does not include the right to re-license, exhibit or redistribute the Master(s) except as part of the complete
Program. Use of the Master(s) in context in trailers or promotional announcements (but spedfically
excluding music videos) direcdy advertising the exhibition or broadcast of the Program shall not be
deemed to violate this agreement
c. If so set forth in Schedule A, Licensor additionally grants to Licensee the option to utilize the Master as
embodied in the Program in the Medium and for the term as set forth in Schedule A, such option to be
exercised as set forth therein.
2. License Fee
The parties acknowledge and agree that this License is granted for good and valuable consideration in the
amount(s) as specified in Schedule A, and payable as provided in Schedule A. Proper credit as set forth in
Schedule A is considered a part of the License fee.
3. Name and Likeness
Licensor hereby grants to Licensee the fight to use the Artist's name and approved likeness and biography
in connection with the exploitation and promotion of the Program.
4. Representations and Warranties
a. Licensor represents and warrants that Licensor has the flail right, power and authority to enter into and
fully perform this License and to grant all of the tights granted herein, and that the consent of no other
person, firm or corporation is required to grant such rights; that there are no liens, encumbrances or
secarit}r interests, nor any claims or litigation, either existing or threatened, which may in any way interfere
with, impair or be in derogation of the fights herein granted to Licensee; and that Licensee's use of the
Master(s) as contemplated hereunder will not infringe the rights of any person, firm or corporation.
b. Licensor shall be solely responsible for obtaining and paying for any requisite consents to the License
by the Artists whose performance is embodied on the Master and by the producer of the Master.
c. Licensee shall pay or cause to be paid with respect to the Master any re-use fees payable pursuant to any
collective bargaining agreement which may be requieed by reason of the use of the Master in the Program
and distribution of same. Licensor represents and warrants that aside from payment of said re-use fees
Licensee shall have no obligation to make payments of any kind or nature whatsoever to any third party or
parties (including but not limited to any and all persons performing or rendering any services in
connection with the original recording of the Master) with respect to Licensee's use of the Master
hereunder.
$. Indemnification
The parties hereunder shall indemnify and hold each other harmless from any and all third-patty claims,
liabilities, costs, losses, damages, or expenses as are actually incurred by the non-defaulting party arising
out of any breach of any representations or warranties of the defaulting party contained in this License or
any failure by defaulting party to perform any obligations on its part to be performed hereunder. Non-
defaulting party shall give defaulting party prompt written notice of all claims and the right to participate
in the defense with counsel of its choice at its sole expense.
6. Assignment
Licensee may assign or transfer this License or alloy any portion of the rights granted herein to any of
Licensee's parent, subsiclLary or affiliated companies, or to any person, titan, or corporation which acquires
the Program or the right to sell, distribute, exhibit or otherwise exploit the Program or any rights therein.
This License shall be l~mding upon and inure to the benefit of Licensee's and Licensor's respective heirs,
successors, licensees, transferees and assigns.
7~ Termination
Licensee may terminate this License, without penalty, for any reason by pro~ding Licensor written notice
of such termination.
8. Entire Agreement
This License constitutes the entire agreement between Licensee and Licensor and cannot be modified
except by a written instrument signed by the parties hereto.
9. Applicable Law and Jurisdiction
This License shall be governed by and interpreted in accordance with the laws of the State of Minnesota
applicable to agreements made and fully to be performed therein, and Licensee consents to the
jurisdiction of the courts of the State of Minnes.ota and the federal courts located in Minnesota.
In Witness Whereof, the parties have executed this license on the date first written above.
LICENSOR LICENSEE
1LED~OU~O~INC. CITY OJ;~A CITY
orney's
SCHEDULE A
This is Schedule A to that certain License by and between Red House Records, Inc. and City of Iowa City
for its Cable TV Division, as dated therein.
1. PROGRAM/FILM Avatar Project - Series
2. ARTIST Greg Brown
3. MASTER (including Composition) "Iowa Waltz"
4. USAGE AND DURATION Visual and Vocal as required
5. MEDIUM Video, to be shown exclusively on Public Access
Cable Television
6. TERM Perpetuity
7. TERRITORY The Planet Earth
8. LICENSE FEE Waived
9. CREDIT "Iowa Waltz" written and performed by Greg
Brown appear courtesy of Red House Records
10. OPTIONS Future extensions of other rights to be
negotiated at a fair rate by the parties.
LICENSOR LICENSEE
RED~4~~Y~DS, INC. CITY 9~DWA CITY
andy/synchm~stediccnse.do¢ C'VY By
O~ ~orney's
Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 ph. (319) 356-5030
,~ RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND Y
CLERK TO ATTEST A SYNCHRONIZATION MASTER /,LICENSE
AGREEMENT WITH RED HOUSE RECORDS, INC. TO PERMIT/THE CAB?_E
DIVISION TO USE PORTIONS OF SOUND RECOR/DINGS AND
coMposITIONS IN CONNECTION WITH THE DIVIS/ION'S AVATAR
PROJECT.
/
/
WHEREAS, thc C~is Cable Division has developed and is cablecasti¢ program on the City's
City Channel 4 entitle~,"The Avatar Project", a live, interactive comn~nity program; and
WHEREAS, in order t6 use copyrighted music in conne~on with such programming,
authorization is required fror~.the person or entity owning the~hts to such sound recordings and
compositions; and ,
WHEREAS, the City's Cable Division and Red Hgdse Records, Inc. have negotiated a
synchronization master license agr~b~ment setting ou~, Jthe terms and conditions of the license
agreement to permit the Cable DtvtsJon to use portmns of sound recordings and compositions of
local recording artist Grog Brown. ',
NOW THEREFORE, BE IT RESOLVED B'Y THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT: ~.,
1. The synchronization master liceB~e agr~b~nent by and between the City of Iowa City,
Iowa and Red House Records, ,Inc., copy of~,,hich is on file with the City Clerk, is hereby
approved as to form and conteht; and
2. The Mayor and City Cleft( are hereby authori~ and directed to respectively sign and
attest said synchronizati® master license ag~eemehxt in duplicate for and on behalf of the
City of Iowa City. ,"
Passed and approved this day of April, 2004.
MAYOR
ATTEST: Approved by:
, City Attorney's' ' Offi~k~
Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5145
RESOLUTION NO. 04-93
RE~OLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING
AGREEMENT FOR THE DUBUQUE STREET/FOSTER ROAD INTERSECTION
IMPROVEMENT PROJECT STP-U-3715(625)-70-52.
WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of
Transportation, said agreement being attached to this Resolution and by this reference made a
part hereof and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with the
Iowa Department Of Transportation for STP project STP-U-3715(625)-70-52 for the construction
of Dubuque Street/Foster Road Intersection Improvement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is in the public interest to enter into the above-mentioned agreement, and the agreement
is hereby approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the agreement in duplicate
between the City of Iowa City and the Iowa Department of Transportation.
3. The City Clerk shall furnish copies of said agreement to any citizen requesting same.
Passed and approved this 6th day of~.~200~
CITY'GLERK Cit~Attorn(~y's Office
It was moved by Champion and seconded by 0'Donne]l the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
September 2002
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR FEDERAL-AID
SURFACE TRANSPORTATION PROGRAM (STP) PROJECT
RECIPIENT: City of Iowa City
PROJECT NO.: STP-U-3715(625)--70-52
IOWA DOT
AGREEMENT NO.: 6-04-STPU-14
This is an agreement between the City of Iowa City (hereinafter referred to as the
RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the
DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the
DEPARTMENT to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. The
RECIPIENT proposes a Surface Transportation Program (STP) project for funding under
Sec. 133 (b) of Title 23, United States Code.
The Transportation Equity Act for the 21st Century (TEA-21), enacted in 1998, ~establisbed
the Surface Transportation Program (STP). Federal regulations provide that the STP funds
are to be administered by the DEPARTMENT.
The OMB (Office of Management and Budget) Circular A-133 requires the RECIPIENT to
report the CFDA (Catalog of Federal Domestic Assistance) nUmber and title on all Federal-
Aid Projects. The RECIPIENT will use CFDA #20.205 and title, "Highway Planning and
Construction" for this project. This information should be reported in "The Schedule of
Expenditures of Federal Awards".
Pursuant to the terms of this agreement, applicable statutes, administrative rules, and
Programming by the Department and the Johnson County Council of Governments, the
DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and
approved costs for eligible items associated with said improvements.
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the
DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's
contact person shall be the District 6 Loeai Systems Engineer. The RECIP1ENT's
contact person shall be the City Engr., Public Works Dir., or Consul. Engr.
STP Project Agreement
Page 2
3. The RECIPIENT shall be responsible for the development and completion of the
following described STP project:
PCC Grade and Replace. Dubuque St. from Taft Speedway to 700' south of 1-80.
4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized
and approved project costs of eligible items. The portion of the eligible project costs
paid by Federal STP funds shall be limited to a maximum of either 80 percent of
eligible costs or the amount stipulated in the
Johnson County Council of Governments current Transportation Improvement
Program (TIP) and approved in the current Statewide Transportation Improvement
Program (STIP), whichever is less.
5. This agreement will become null and void if the project described in Section 3. drops
out of the Johnson County Council of Governments current TIP or the approved
current STIP prior to obligation of Federal funds.
6. If any part of this agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect.
7. It is the intent of both parties that no third party beneficiaries be created by this
agreement.
8. This agreement shall be executed and delivered in two or more copies, each of which
so executed and delivered shall be deemed to be an original and shall constitute but
one and the same instrtunent.
9. This agreement, as set forth in items 1 through 9 and EXHIBIT 1 paragraphs 1
through 30 herein, constitutes the entire agreement between the DEPARTMENT and
the RECIPIENT concerning this project. Representations made before the signing of
this agreement are not binding, and neither party has relied upon conflicting
representations in entering into this agreement. Any change or alteration to the terms
of this agreement must be made in the form of an addendum to this agreement. Said
addendum shall become effective only upon written approval of the DEPARTMENT
and the RECIPIENT.
STP Project Agreement
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number
6-04-STPU-14 as of the date shown opposite its signature below.
Appyoved By
RECIPIENT: City of Iowa City ~~-~/t~.
C~S~ture Block (City Projects Only)
Title Mayor
I, Marian K. Karr ,eertifythat Iamthe City Clerk of Iowa City, and
that Ernest W. Lehman , who signed said Agreement for and on behalf of
the City of Iowa City was duly authorized to execute the same by virtue of a formal
Resolution duly passed and adopted by the City on the 6th day of
April , 2004.
Signed '"~/~t~) ~i/- ~v-~4~jDate April 6 2004
City Clerk of Iowa City, Iowa
County Signature Block (County Projects Only)
This agrecment was approved by official action of the
County Board of Supendsors in official session on the __.day of
County Auditor Chair, Board of Supervisors
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By~ ~C'~,,~-~ Date ~9~[I I~ ,.2.~O___~
Roger R. Walton, P.E.
Local Systems Engineer
District 6
January 2003
EXHIRIT 1
Standard Provisions for Federal-Aid
Project Agreement
1. Since this project is to be financed with local and Federal funds, the RECIPIENT
shall take the necessary actions to comply with applicable State and Federal laws and
regulations.
In all programs and activities of Federal-aid recipients, subrecipients, and
contractors, no person in the United States shall be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination on the grounds of race, color, national origin, sex, age or
handicap/disability. The DEPARTMENT will determine a Disadvantage
Business Enterprise (DBE) Commitment on all Federal-aid projects.
2. The RECIPIENT must receive notice of FI/WA authorization from the
DEPARTMENT before beginning any work for which federal-aid
Reimbursement will be requested. The cost of work, occurring prior to securing
FHWA authorization, will not be reimbursed with federal-aid funds. The
RECIPIENT must contact the District Local Systems Engineer to obtain the
procedures necessary to secure FHWA authorization.
3. The RECIPIENT shall take the appropriate actions and prepare the necessary
documents to fulfill the FHWA requirements for project environmental studies
including historical/cultural reviews and location/design approval. If farmland is to
be acquired, whether for use as project right-of-way or permanent easement, the
RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion
Impact Rating form, when required, to the U.S. Natural Resources Conservation
Service (NRCS).
4. The RECIPIENT shall obtain agreements, as needed, from railroad and utility
companies and shall obtain project permits and approvals, when necessary, from the
Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic
Preservation Officer), lowa Department of Natural Resources, U.S. Coast Guard,
U.S. Army Corps of Engineers and the DEPARTMENT, etc.
5. The project plans, specifications and project cost estimate (PS&E) shall be prepared
and certified by a professional engineer licensed to practice in the State of Iowa. The
RECIPIENT shall submit the plans, specifications and other contract documents to
the DEPARTMENT for review and authorization to let the project.
EXHIBIT 1
Page 2
6. If Federal-aid is requested for in-house engineering services, the RECIPIENT will
follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to
claim indirect costs under Federal awards, must prepare an indirect cost rate proposal
and related documentation in accordance with the requirements of Office of
Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local,
and lndian Tribal Governments. Reimbursement eligibility requires an indirect cost
rate proposal to bc certified by the governmental unit designated cognizant agency or
the Federal agency providing the largest amount of Federal funds to the governmental
unit.
7. If Federal-aid is requested for preliminary and/or construction engineering costs, the
RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's
consultant selection process.
8. The RECIPIENT and the Consultant shall prepare a consultant contract for
engineering services in accordance with Title 23, Code of Federal Regulations, Part
172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if
the RECIPIENT uses federal funds for engineering services.
9. After the contents of the consultant contract have been mutually approved, the
RECIPIENT shall execute the contract and forward the same to the DEPARTMENT
for authorization only if federal funds are used for engineering services.
10. If preliminary engineering is federally funded, if the "do nothing" altemate is not
selected, and if right-of-way acquisition for or actual construction of the road is not
started by the close of the tenth fiscal year following the fiscal year in which the
Federal-Aid Project agreement is executed, the RECIPIENT will repay to the
DEPARTMENT an amount equal to the amount of Federal funds made available for
such engineering.
11. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement
or fee title and shall provide relocation assistance benefits and payments in
accordance with the procedures set forth in the DEPARTMENT's Right of Way
Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as
necessary, to ensure compliance with the required procedures, even if no federal
funds in Right of Way purchase are involved. The RECIPIENT will need to get
environmental concurrence before acquiring any needed right-of-way. With prior
approval, hardship and protective buying is possible. If the RECIPIENT requests
Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to
get environmental concurrence and Federal Highway Administration's (FHWA)
authorization before purchasing any needed right-of-way.
12. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City
and County Federal-aid Highways Right of Way and the Policy for Accommodating
Utilities on PrimaD' Road System when on State's right of way. Certain utility
relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project
may be eligible for Federal-aid reimbursement in accordance with the FHWA rules
applicable to the type of utility involved and Iowa Code Chapter 306A.
EXHIBIT 1
Page 3
13. Traffic control devices, signing, or pavement markings installed within the limits of
this project shall conform to the "Manual on Uniform Traffic Control Devices for
Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The
safety of the general public shall be assured through the use of proper protective
measures and devices such as fences, barricades, signs, flood lighting, and warning
lights as necessary.
14. The RECLPIENT shall forward a Federal-aid Project Development Certification and
final PS&E to the DEPARTMENT. As a condition for the Department to let project,
the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed
with the project if bids submitted are 110% of the project cost estimate or less. If the
RECIPIENT is a city, the RECIPIENT shall comply with the public hearing
requirements of the Iowa Code section 384.102.
15. If the project is to be accomplished via a contract awarded by competitive bidding,
the project will be let by the DEPARTMENT in accordance with its normal letting
procedures. AP~er bids are received and reviewed, the DEPARTMENT will furnish
the RECIPIENT with a tabulation of responsive bids received.
16. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT
Staff Action for concurrence to award the contract. The DEPARTMENT will mail
three (3) originals of the unexecuted contract(s) to the RECIPIENT.
17. The RECIPIENT shall take action to award the contract or reject all bids. Following
award of contract and signature by the lowest responsive bidder, the RECIPIENT
shall forward to the DEPARTMENT two (2) copies of the fully executed contract,
two (2) copies of the performance bond, and two (2) copies of the certificate of
insurance.
18. If Federal-aid is requested for force account construction, the RECIPIENT will
follow the procedure outlined by the DEPARTMENT.
19. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it
for Federal Highway Administration (FHWA) approval and obligation of Federal-aid
funds.
20. The RECIPIENT shall comply with the procedures and responsibilities for materials
testing and construction inspection according to Department's Instructional
Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing
services according to its normal policy.
21. The project shall be constructed under the DEPARTMENT's Standard Specifications
and applicable special provisions. Prior to their use in the PS&E, specifications
developed by the RECIPIENT for individual construction items shall be approved by
the DEPARTMENT.
EXHIBIT 1
Page 4
22. If the project right-of-way is federally funded and if the actual construction is not
undertaken by the close oftbc twentieth fiscal year following the fiscal year in which
the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or
sums of Federal funds in the right of way to the DEPARTMENT.
23. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for
reimbursement for eligible project costs. Reimbursement claims shall include
certification that all eligible project costs, for which reimbursement is requested, have
been completed in substantial compliance with the terms of this agreement.
24. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and
certified claims for eligible project costs, either by state warrant, or by crediting other
accounts from which payment may have been initially made. If, upon audits of
contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the
RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT.
25. Upon completion of the project described in this agreement, a professional engineer
licensed to practioe in the State of Iowa shall certify in writing to the
DEPARTMENT that the project was completed in substantial compliance with the
plans and specifications set out in this agreement. Final reimbursement of Federal
funds shall be made only af[er the DEPARTMENT accepts the project as complete.
26. The RECIPIENT shall maintain all books, documents, papers, accounting records,
reports and other evidence pertaining to costs incurred for the project. The
RECIPIENT shall also make such materials available at all reasonable times during
the construction period and for three years from the date of final Federal
reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized
representatives of the Federal Government. Copies of said materials shall be
furnished by the RECIPIENT if requested.
27. The RECIPIENT ag~es to indemnify, defend and hold the DEPARTMENT harmless
from any action or liability arising out of the design, construction, maintenance,
placement of traffic control devices, inspection or use of this project. This agreement
to indemnify, defend and hold harmless applies to all aspects of the
DEPARTMENT's application review and approval process, plan and construction
reviews, and funding participation.
28. The RECIPIENT shall maintain, or cause to be maintained, the completed
improvement in a manner acceptable to thc DEPARTMENT and the FHWA.
29. Implementation of Clean Air Act and Federal Water Pollution Control 'Act
(Applicable to Contracts and Subcontracts which exceed $100,000):
a. The RECIPIENT stipulates that any facility to be utilized in
performance under or to benefit from this agreement is not listed on
the Environmental Protection Agency (EPA) List of Violating
Facilities or is under consideration to be listed. This is issued
pursuant to the requirements of the Clean Air Act, as amended, and
the Federal Water Pollution Control Act, as amended.
EXHIBIT 1
Page 5
b. The RECIPIENT agrees to comply with all of the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal
Water Pollution Control Act, and all regulations and guidelines issued
thereunder.
30. If the RECIPIENT elects to levy special assessments as a means of raising the local
share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT
in the amount that payments of Federal-aid and collections of special assessments,
excluding interest and penalties, exceed the total cost of the public improvement as
established by the provisions of Iowa Code Chapter 384. 384 (Cities) and Iowa Code
Chapter 311 (Counties). The RECIPIENT agrees that at such time as its collections
(exclusive of interest and penalties which shall be retained by the RECIPIENT) from
special assessments levied for this project exceed the local share of total projects
costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in
excess of the total project costs (including interest and penalties associated with the
amount of the excess) within sixty (60) days of the receipt of any special assessment
payments. The RECIPIENT shall notify the DEPARTMENT when any lands
specially assessed no longer qualify for an agricultural deferment of the special
assessment have been satisfied. The DEPARTMENT shall credit reimbursement
billings to the FHWA in the amount of refunds received from the RECIPIENT.
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 04-94
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of
$3,000, executed by the owner of the property on April 25, 1997, and recorded on May 2, 1997,
in Book 2261, Page 128 through Page 131 in the Johnson County Recorder's Office covering
the following described real estate:
Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa.
WHEREAS, Hills Bank and Trust Company is financing a loan in the amount of $71,500 to the
owner of 19 Regal Lane and to secure the loan by a mortgage covering the real estate
described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of
Hills Bank and Trust Company secured by the proposed modgage 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 mortgage
with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and Hills Bank and Trust Company,
Iowa City, Iowa.
Passed and approved this 6th day of April ,20. 04 .
r_.~A,FOR -
CIT'~'-GLERK City Attorney's Office
ppd rehab/res/19regal-subord doc
Resolution No. 04-94
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust Company of Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is ~n the
amount of $3,000, and where executed by Lori A. Schueller (herein the Owner), dated April 25,
'199'~, recorded May 2, 1997 in Book 2261, Page 128 through Page 13'1, Johnson County
Recorder's Office, covering the following described real property:
Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $. 71,500.00 on a
promissory note to be executed by the Financial Institution and the Owner, securing a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqaqe
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 Mortqaqe held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortqaqe of the City.
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 6thdayof April ,20 04.
CITY OF IOWA CITY FINANCIAL INSTITUTION
B/~ ~~~ HILLSBy ~BANKj~'~AND TRUST~fCOMPANY
Mayor ,~ /~~-~es ident
Attest: William A. Stewart - 2nd Vice Presiden
City'~terk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ '~/1 day of .~'l~J ~ ,20 ~'~ , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ~'a~_s-r LO, LE.~/~t.a.~ 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 (Ordinance)
(Resolution) No. o~.- 9 .'~ passed (the Resolution adopted) by the City Council, under Roll Call
No. ~ of the City Council on the ~, ~ day of ~.pt~,.ll_, ,20 o~- , and
that ~..~.¢~'T b3. Lr¢_~l~,~ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State of Iowa
,~1 SONDRAE FORT
!Commission Number 159791
'! My Commission Expires
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 30th day of March, 2004, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Roger J. Reilly and William A. Stewart, 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; that the seal affixed thereto
is the seal of said corporation: that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors; and that the said Vice-President
and Second Vice-Presidem 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.
.,oum it Du[ ,m !
I~.~ ~ ~fqumber ~1~ I Not~ Public in ~d for said Co~
I I ~ ~a-e~ ~ ~d State
City of Iowa City
MEMORANDUM
Date: March 25, 2004
To: Steve Atkins
From: Klm Johnson.~''~
Re: Agenda Items
The following are costs associated with the Capital Improvement Projects being
presented for acceptance at the April 6t~ Council meeting:
1) Recreation and Civic Center HVAC and Plumbing Replacement Project
Contractor: Ace Refrigeration
o:o Project Estimated Cost: $ 527,000.00
*:o Project Bid Received: $ 484,551.00
o:o Project Actual Cost: $ 500,934.96
Prepared by: Kim Johnson, Public Works, 410 E. Washington St,, iowa City, IA 52240 (319) 356-5139
RESOLUTION NO,
RESOLUTION ACCEPTING THE WORK FOR THE RECREATION AND CIVIC
CENTER HVAC AND PLUMBING REPLACEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Recreation and Civic Center HVAC and Plumbing Replacement Project, as included in a contract
between the City of Iowa City and Ace Refrigeration of Cedar Rapids, Iowa, dated November 27,
2001, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $500,934.96.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this day of ,20__
MAYOR
Approved by
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
pweng~res/r~cCC- HVAC.d oc
Prepared by Andy MaRhews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA (319)356-5030
RESOLUTION NO. 04-95
RESOLUTION AUTHORIZING THE. MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, LANDOWNER IOWA STATE BANK & TRUST CO., AND ICBB
LTD. d/b/a IOWA CITY BROWN BOTTLE, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Iowa State Bank & Trust Co., as landlord, and ICBB Ltd. d/b/a Iowa City
Brown Bottle, applied for temporary use of the public right-of-way at 115 E. Washington
St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public fight-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk ar~ hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the City Clerk,
and direct copies of this resolution together with the application and signed
license agreement to the applicant.
2. The City Clerk is hereby directed to record this Resolution and license agreement
with the Johnson County Recorder at Applicant's expense.
Passed and approved this 6th day of April, 2004.
ATrEST:~ ~,~
City Attorney's Office
Brow~ Bottle Sidewalk Caf~ Res
Resolution No. 04-95
Page 2
It was moved by Champion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot'(
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 ph. (319) 356-5030
RESOLUTION NO. 04-96
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONSULTING AGREEMENT WITH RICE, WILLIAMS
ASSOCIATES, INC.
WHEREAS, the City's Cable Division is preparing to begin the process of renewal of or
extension of, the cable television fxanchise held by Mediacom; and
WHEREAS, the Cable Division desires to utilize the services of Rice, Williams Associates, Inc.
to assist in the renewal or extension process; and
WHEREAS, the City's Cable Division and Rice, Williams Inc. have negotiated a consulting
agreement setting out the terms and conditions of such consulting services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The consulting agreement by and between the City of Iowa City, Iowa and Rice,
Williams Associates, Inc., copy of which is on file with the City Clerk, is hereby
approved as to form and content; and
2. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said consulting agreement in duplicate for and on behalf of the City of Iowa City.
Passed and approved this 6th day of April, 2004.~ _~/ . ._.~ ~
ATTEST: Approved by:
City Attorney's Office
Resolution No. 04-96
Page 2
It was moved by Champion and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
ACT CORPORATE CAMPUS
UNDQUIST BUILDING NEW ADDRESS: 101 ACT DRIVE
OLD ADDRESS: 2201 NORTH DODGE STREET
2 ACT CONFERENCE AND DINING CENTER
NEW ADDRESS: 200 ACT DRIVE o 200 4o~ 80o
OLD ADDRESS: N/A (NEW BUILDING) [
SCALE IN
3 TYLER BUILDING
NEW ADDRESS: 501 ACT DRIVE
OLD ADDRESS: 2255 NORTH DURUQUE ROAD
4 DA'~DSEN BUILDING
NEW ADDRESS: 500 ACT DRIVE REMOVED
OLD ADDRESS: N/A (NEW BUILDIND)
04-06-04
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB04-00001)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF J JR DAVIS ADDITION, IOWA CITY, IOWA.
WHEREAS, the owners, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City
Clerk the final plat of J JR Davis Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of
the Fifth Principal Meridian; Thence S89°55'42"W, along the North Line of the Southeast Quarter
of said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence
Southeasterly, 24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28
foot chord bears S17°53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius
curve, concave Northeasterly, whose 1528.74 foot chord bears S40°45'03"E; Thence
S00°08'54"W, 43.34 feet; Thence S89°'58'36"W, 1360.64 feet, to a Point on the Easterly Right-
of-Way Line of Primary Road No.518; Thence Nll°39'22"W, along said Right-of-Way Line
367.90 feet; Thence N41°27'40"W, along said Right-of-Way Line, 157.58 feet; Thence
N11°27'40"W, along said Line, 556.10 feet, to its intersection with the Southerly Right-of-Way
Line of Iowa Highway Number 1; Thence N34%4'32"E, along said Right-of-Way Line, 245.30
feet; Thence N40°02'41"E, along said Right-of-Way line, 181.03 feet; Thence N31°21'09"E, along
said Right*of-Way line, 140.66 feet; Thence N47°08'12"E, along said Right-of-Way line, 54.15
feet; Thence S49°45'28"E, 210.60 feet; Thence S02°33'29"W, 3.66 feet; Thence Southeasterly,
75.58 feet, along a 940.00 foot radius curve, concave Southwesterly, whose 75.56 foot chord
bears S45~'52'07"E; Thence S20~27~03"E, 31.29 feet; Thence S33%9'47"W, 88.67 feet, to the
Point of Beginning. Said Tract of land contains 26.98 acres, more or less, and is subject to
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2003) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and :-
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
Resolution No.
Page 2
3. The Mayor and City C~erk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approva~ by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
ownedsubdivider.
Passed and approved this day of ., 20
MAYOR
Approved by
CITY CLERK C~ty A{t0rr~e~s Offi~'
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
STAFF REPORT
To: Planning & Zoning Commission Prepared by: John Yapp
Item: SUB04-00001 J JR Davis Addition Date: April 1, 2004
GENERAL INFORMATION:
Applicant: James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
Applicant's Engineer: MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Applicant's Attorney: Thomas Gelman
321 E. Market Street
Iowa City, IA 52245
Phone: 354-1104
Requested Action: Final plat approval
Purpose: An 8-lot commercial subdivision
Location: East of Highway 218, west of Mormon Trek
Boulevard, south of Highway 1
Size: 26.98 acres
Existing Land Use and Zoning: Vacant, CH-1
Surrounding Land Use and Zoning: North: Commercial; C1-1
South: Agricultural & Residential; County
RS
East: Vacant; C1-1
West: Highway 218
Comprehensive Plan: The South Central District Plan identifies
this area as appropriate for intensive or
highway commemial development.
File Date: March 2, 2004
45-Day Limitation Period: April 16, 2004
60-Day limitation Period: May 1, 2004
2
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including
approximately 150 acres of territory. The extension of Mormon Trek Boulevard and associated
public utilities was recently completed adjacent to this property, providing the infrastructure to
support commercial development.
There is a jurisdictional wetland on the south side of the property - the applicant has recently
received approved permits from the Iowa Department of Natural Resources and Army Corps of
Engineers, who have jurisdiction over wetlands, to disturb a portion of the wetland in exchange for
enhanced wetland construction and vegetation on this property and another property in the same
watershed. The disturbance of a portion of the wetland is necessary to construct a stormwater
detention basin to serve this development. In December 2003, the Commission reviewed and
recommended approval of the Sensitive Areas Development Plan, including the preliminary plat,
and wetland compensatory mitigation plan. The Sensitive Areas Development Plan was also
recently approved by the City Council.
The stated intent of the CH-1 zone is that the highway commercial zone is intended to permit
development of service uses relating to expressways or along other major arterial thoroughfares.
At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently
available to the thoroughfare user.
ANALYSIS:
Subdivision design: The proposed 26.98-acre subdivision consists of eight commercial lots
between 0.8 and 8 acres in size. One new street is proposed, City View Drive, designed as a loop
street with both ends accessing Mormon Trek Boulevard.
Two outlots are proposed at the south end of the property. Outlot A, which is zoned Interim
Development Residential (ID-RS), which is on the south side of the wetland area, is designated
for future residential development. Outlot B, which includes the wetland, is designated as the
storm water management and wetland buffer area. The subdivision design is consistent with the
approved preliminary plat.
A site plan for development on Lot 1 was recently approved, and construction of an auto
dealership is nearly complete. This lot is incorporated into the subdivision because it shares much
of the infrastructure with the rest of the subdivision, such as the street and sidewalk system.
Access control: Dudng analysis of the preliminary plat and rezoning of the property, staff
determined appropriate access control for the subdivision. One existing access point to Mormon
Trek Boulevard will remain, the old Rock's Roadhouse access point. This access point is being
incorporated into Lot 1. Lots 5-8 will not have direct access to Mormon Trek Boulevard; The
access for Lot 8 will be via an access easement across Lot 7, which is shown on the plat. An
access control plan such as this is important to avoid future problems with excess conflict points
along aderial streets.
Storm water management: Two storm water management basins are proposed, one on the
property to the east for Lot 1, and one on the south side of the property in Outlot A for Lots 2-8.
Wetlands issues: In order to accommodate the storm water management basin in Outlot A,
3
the applicant had a compensatory wetland mitigation plan developed, which has been approved
by the Iowa Department of Natural Resources (DNR) and Army Corps of Engineers. The
mitigation plan is also referenced in Sensitive Areas Rezoning ordinance for the property, and
has been recorded with the property. The mitigation plan and Iowa DNR and Army Corps of
Engineers permits spell out both short term (monitoring of the wetland for at least five years)
and long term (Iowa DNR may require remedial work and corrective measures to ensure the
long-term success of the wetland) responsibilities to ensure the success of the wetland. The
legal papers specify that the management of the wetland will be the responsibility of the
subdivider (or successors) and the owners of Lots 2-8.
Water main extension fee: A water main extension fee of $395 / acre will be required.
Sanitary sewer tap-on fee: A sanitary sewer tap-on fee of approximately $3,200 / acre will be
required.
Legal papers and construction plans: Legal papers associated with the final plat have been
received, and are under review. Construction plans have been approved.
STAFF RECOMMENDATION:
Staff recommends that SUB04-00001, a final plat of Davis Addition, a 26.98-acre, 8-lot
commercial subdivision, be approved, subject to approval of legal papers prior to City Council
consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
\\cit ynt~jyappSLsub divisions\Da vis Addition final.doc
CITY OF IO~A CITY
CI1
cH j
~T 1.8
OSA/CI1
SITE LOCATION: JJR Davis Addition SUB04-O0001
Fin.al Plat
J JR Davis Addltlonl
Iowa City, Iowa
OUTLOT 'A'
~l-I J~ o [ ' Final Plat I1~11 ~a u C?A~, J,c. {b.....I.,. ..........
Prepared by: Marian K. Karr, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 04-89
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following described
locations upon his/her filing an application, having endorsed thereon the certificates of the proper
city officials as to having complied with all regulations and ordinances, and having a valid beer,
liquor, or wine license/permit, to wit~
First Avenue Club 1550 S. First Avenue
Passed and approved this 6th day of Apri 1 ,20 04
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Ron Gaines, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 04-97
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR SEGMENT A
OF THE CAMP CARDINAL ROAD PROJECT
WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement
project and to acquire property dghts for the above-named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct Segment A of the Camp Cardinal Road
Project ("Project"), which includes grading, paving, storm sewer, water main, and related
construction of Segment A of the Camp Cardinal Road Project to City Limits; and
WHEREAS, The City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property dghts is necessary for the proposed project; and
WHEREAS, the City has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall pdce to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. it is the City's intent to proceed with the construction of Segment A of the Camp Cardinal
Road Project.
2. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of Segment A of the Camp Cardinal Road Project to City Limits
("Project"), which Project constitutes a public improvement under Iowa law. The City
Council further finds that acquisition of said property rights is necessary to carry out the
functions of the Project, and that such Project constitutes a valid public purpose under
State and Federal law.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
'4. The City Manager or designee, is hereby authorized and directed to negotiate the
purchase of property dghts 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.
Resolution No. 04-97
Page 2
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed to
take all necessary action to complete said transactions, as required by law.
6. 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 acquisition of any and all property rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this 6th dayof Apri~l ,20 04
MAYOR
Approved_ by .,,
CI~LERK ' , Attorney's
It was moved by 0'Donne11 and seconded by Champ'i, on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X . Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 04-98
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SOUTH
GILBERT STREET IMPROVEMENTS PROJECT - NAPOLEON LANE TO CITY
LIMITS
WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement
project and to acquire property rights for the above-named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct the South Gilbert Street Improvements
Project - Napoleon Lane to City Limits ("Project"), which includes grading, paving, storm sewer,
water main, and related construction of South Gilbert Street from Napoleon Lane to City Limits;
and
WHEREAS, The City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
property dghts is necessary for the proposed project; and
WHEREAS, the City has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best
overall pdce to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is the City's intent to proceed with the South Gilbert Street Improvements Project -
Napoleon Lane to City Limits.
2. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of the South Gilbert Street Improvements Project - Napoleon Lane to
City Limits ("Project"), which Project constitutes a public improvement under Iowa law. The
City Council further finds that acquisition of said property rights is necessary to carry out
the functions of the Project, and that such Project constitutes a valid public purpose under
State and Federal law.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized
and directed to establish, on behalf of the City, an amount the City.believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
property for the established fair market value.
4. The City Manager or designee, is hereby authorized and directed to negotiate the
purchase of property rights 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.
Resolution No.
Page 2
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed to
take all necessary action to complete said transactions, as required by law.
6. 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 acquisition of any and all property rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this 6th day of April ,20 04
CI'PC'CLERK ~it~,~,ttorn~y's Office
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-99
RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING
CERTAIN OBLIGATIONS INVOLVING THE SOUTH GILBERT STREET
IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City wishes to construct roadway and associated utility
improvements to South Gilbert Street lying between Napoleon Lane and the city limits, and
Johnson County wishes to construct similar improvements to the extension of said road, known as
Sand Road, south from city limits to 480"~ Street; and
WHEREAS, Iowa City wishes that the improvement to Sand Road south of City limits, which is
within the City's growth area, be made to comply with urban standards; and
WHEREAS, Iowa City and Johnson county agree that the improvements to South Gilbert Street /
Sand Road will benefit both the city and the county; and
WHEREAS, Iowa City and Johnson county are agreeing to certain obligations with respect to the
improvements to be made and responsibility for the costs of said improvements, all as set fodh in
a 28E Agreement attached hereto, pursuant to Chapter 28E, Code of Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized to execute in triplicate the attached
Chapter 28E agreement with Johnson County, and said agreement is hereby approved as
to form and content, and is found to be in the best interests of the citizens of Iowa City,
Iowa.
2. The City Clerk is hereby authorized to forward two of the original executed Resolution and
Agreements to the Offices of Johnson County, Iowa, for approval and execution by the
County, recording with the offices of the Johnson County Recorder and filing with the Iowa
Secretary of State, with recording and filing costs to be shared by the City and the County.
Passed and approved this 6th dayo ' ,2004
Approved by
CI~LERK ' ' '
City Attorney'¢ Office
Resolution No. 04-99
Page 2
It was moved by 0'Donnell and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Drafted by Andrew B. Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, Iowa 52244, 319.339.6100
28E Project Agreement
between Johnson County, Iowa
and the City of Iowa City, Iowa
WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are
public agencies as is defined by Section 28E.2 of the Code of Iowa (2003); and
WHEREAS, the City and the County recognize that the road known as South Gilbert Street in the
City and Sand Road in the County is an important link between Iowa City and south central Johnson
County; and
WHEREAS, the City and the County are in the process of working on local improvements in and
adjacent to the City on South Gilbert Street/Sand Road; and
WHEREAS, the City and the County wish to enter into an agreement relating to the
improvements to South Gilbert Street/Sand Road and sharing the cost thereof;
IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter
28E of the Code of Iowa (2003) providing for cooperative action pursuant to the proposed construction
project and said cooperative actions include the following:
1. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is to define specific
responsibilities for construction of improvements to Sand Road from 480~ Street north to the City Limits
and improvements to South Gilbert Street from the City Limits north to Napoleon Lane, all approximately
from Station 112+00 to Station 293+50 as detailed in the preliminary plans for Project No. STP-S-
CO52(67)--5E-52.
2. CONSIDERATION: The mutual consideration herein is undertaking the improvements to Sand
Road. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors
shall administer the County's duties and responsibilities herein. The City Council of Iowa City shall
administer the City's duties and responsibilities herein.
3. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any necessary
right-of-way within the City Limits, for any storm sewer/drainage easements within the section(s) of
roadway built to urban standards and for reviewing the County's preliminary roadway and storm sewer
design and providing final paving grades, storm sewer alignments, grades and sizing, roadway template
information and electronic details and special provisions, if required. The City also shall be responsible
for general project inspection oversight as the City would commonly provide for public improvements
made by a developer in a subdivision and to designate a staff engineer who will be available to visit the
project site as needed to address construction issues as they arise for the City's portion of the project.
Otherwise, the County shall have sole and exclusive responsibility for the construction work, which will
be let through the Iowa Department of Transportation. This responsibility generally shall include, but not
necessarily be limited to, design, preparation of plans, specifications, bidding, construction inspection,
project management, utiliW relocation, and acceptance of improvements. All necessary design work shall
be prepared by such engineer(s) or consultant(s) as the County may determine.
4. TIMING OF WORK: The County shall use all good faith efforts to complete construction on
South Gilbert Street prior to December 31, 2004 and construction on the entire project prior to October
31, 2005.
5. FINANCING: The City and County agree to share the costs of this project as set out below, with
the City reimbursing the County for its portion thereof. The parties acknowledge their responsibility for
the actual costs of the items set forth in this paragraph and that the amounts listed herein are only
estimates of those costs set out for planning purposes.
a) For that portion of the project from the City Limits north to Napoleon Lane
(approximately Station 278+00 to Station 293+50 as shown on the preliminary plans), the City
shall be responsible for 100% of the construction cost, estimated at $800,000; geotechnical
consulting fees for subsurface exploration that may be necessary for storm sewer installation
and/or pavement thickness design, estimated at $2,500; and 100% of the right-of-way acquisition
cost, estimated at $80,000.
b) For that portion of the project from Sycamore Street north to the City Limits
(approximately Station 248+00 to Station 278+00 as shown on the preliminary plans), the City
shall be responsible for the cost of urbanization construction including overwidth paving, storm
sewer including easements, water main, sanitary sewer and utility relocates attributable to
urbanization work, estimated at $350,000; and geotechnical consulting fees for subsurface
exploration that may be necessary for storm sewer installation and/or pavement thickness design,
estimated at $3,500.
c) The County shall be responsible for the cost of final design plan preparation suitable for
an Iowa Department of Transportation letting, estimated at $25,000; the cost of construction
administration, stakeout and inspection, estimated at $75,000; and the cost of construction and
right-of-way acquisition for the rural components of the project from 480~ Street north to the City
Limits (approximately Station 112+00 to Station 278+00 as shown on the preliminary plans),
estimated at $3,300,000.
Construction of the project shall be let through the Iowa Department of Transportation, as set forth above.
The construction work shall be bid in a manner so as to allow the County and City to separately itemize
and allocate the costs of construction work between themselves. If bids are not made in such a manner, or
if either party in its sole discretion finds smd costs to be unacceptable based on comparison to engineers'
estimates, said party may reject the bids and opt out of this agreement with no liability.
6. TIMING OF PAYMENTS BY THE CITY: The City shall submit payments to the County
consistent with its responsibilities set out above as progress vouchers are submitted to the City by the
County Engineer in charge of construction and project management. The County Engineer will submit
project vouchers to the City no more frequently than bi-weekly and no less frequently than bi-monthly, as
work on the project progresses. The City will submit its payments within 30 days of receiving each
respective project voucher from the County Engineer.
7. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the
Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of
State and the Johnson County Recorder as provided in Chapter 28E.8 of the Code of Iowa (2003).
8. DURATION: This agreement shall continue in force until either party opts out pursuant to the
terms of paragraph 5 above, either party opts out after required public hearings, or the final acceptance of
work is made by the County Engineer and the City Engineer and final payment has been made to the
County by the City as set forth above.
9. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement
shall be in accordance with Chapter 28E of the Code of Iowa (2003) and statutes respecting the rights and
responsibilities of the political subdivisions.
10. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted
to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event
such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of
the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as
representative for the County, who will both make a good faith effort to resolve the dispute.
Executed in duplicate each of which shall constitute as original on this __ day of
,2004.
JOHNSON COUNTY
This agreement was approved by official action of the Johnson County Board of Supervisors in
official session on the __ day of ~ 2004.
Terrence Neuzil, Chairperson
Johnson County Board of Supervisors
ATTEST:
County Auditor/Designee
CITY OF IOWA CITY
This agreement was approved by official action of the City Council of Iowa City in official
session onthe 6th day of ^pr11 ,2004.
Emie Lehman, Mayor
City of Iowa City
City C'~erk/Designee . Approved By
Kellie Tuttle
From: Mitch Behr
Sent: Thursday, March 24, 2005 10:49 AM
To: Kellie Turtle
Cc: Ron Knoche
Subject: RE: 28E Agreement w/JC
Kellie- Since approval of this 28E, there have been ongoing changes to the project and the arrangements between the City
and the County such that the County will not be executing it. We hope to proceed through Council with a new 28E when
all outstandir~g issues are resolved, which will supercede this one. Thanks.
..... Original Message .....
From: Kellie Turtle
Sent: Tuesday, March 22, 2005 10:03 AM
To: Hitch Behr
Cc: Annie Pedersen
Subject: 28E Agreement w/JC
I still have a 28E agreement on hold (South Gilbert Street Improvements Project).
Resolution #04-99 - Approved April 6, 2004
P~,pared by Ron Gaines, Civil Engineer, 410 E. Washington St, Iowa City, IA 52240 319-356-5145
RESOLUTION NO. 04-100
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY
INTERESTS NECESSARY FOR CONSTRUCTION OF DUBUQUE
STREET/FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT.
WHEREAS, the City of Iowa City desires to construct the Dubuque Street/Foster Road
Intersection Improvement Project ("Project") which grading, paving, storm sewer, water
main, sanitary sewer, traffic signalization and all related construction work; and
WHEREAS, the City Council has determined that construction of the Project is a valid
public purpose under State and Federal law, and has further determined that acquisition of
certain property rights is necessary to construct, operate and maintain the proposed
project; and
WHEREAS, City staff has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the
best overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds that it is in the public interest to acquire property rights by
warranty deed, quit-claim deed, and/or easement for the construction of the
Dubuque Street/Foster Road Intersection Improvement Project ("Project") which
Project constitutes a public improvement under Iowa law. The City Council further
finds that acquisition of said property rights is necessary to carry out the functions
of the Project, and that such Project constitutes a valid public purpose under state
and federal law.
2. 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.
3. The City Manager or designee, in consultation with the City Attorney's Office, is
authorized and directed to establish, on behalf of City, an amount the City believes
to be just compensation for the property to be acquired, and to make an offer to
purchase the property for the established fair market value.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby
authorized to execute and attest easement agreements and agreements in lieu of
Resolution No. 04-100
Page 2
condemnation. The City Attorney is hereby directed to take all necessary action to
complete said transactions, as required by law.
5. 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 acquisition of any and all property rights necessary
to fulfill the functions of the Project, as provided by law.
Passed and approved this 6th day of April ,20 04
Approved by
ClTY~.ERK - ~y'Atto~ne~'s Office
It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
× Vanderhoef
× Wilburn
04-06-04
Prepared by: Steve Nasby, Comm. & Eco. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 04-101
RESOLUTION ESTABLISHING THE
SCATTERED SITE HOUSING TASK FORCE
WHEREAS, the Iowa City City Council has identified the need for a review of existing
assisted housing and policies or practices regarding the distribution, location and types
of assisted housing in Iowa City; and
WHEREAS, the Iowa City City Council has determined an ad-hoc, citizen task force is
the most appropriate body to study the existing distribution, location and types of
assisted housing in Iowa City; and
WHEREAS, the task force is defining assisted housing as any housing development or
acquisition for Iow-moderate income households (including rental, homeownership,
transitional housing and residential facilities) receiving any public assistance or support,
including federal, state, city or county funding; and
WHEREAS, this task force may also study policies or practices implemented by other
jurisdictions; and
WHEREAS, at the request of the Iowa City City Council, the task force could
recommend policies or actions, as appropriate, regarding the disbursement, location and
type of future assisted housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
1. The Iowa City City Council has identified the need for a review of existing
assisted housing and policies or practices regarding the distribution, location and
types of assisted housing in Iowa City.
2. The Scattered Site Housing Task Force will be comprised of eight (8) individuals
representing the indicated categories: One - Neighborhood Council; One - United
Way of Johnson County; Two - Iowa City Community School District; One -
Planning and Zoning Commission; One - Johnson County Board of Supervisors;
and Two - Housing and Community Development Commission Members.
3. Members of the Scattered Site Housing Task Force will serve until the Iowa City
City Council receives a final report, at which time the Task Force will dissolve.
Resolution No. 04-101
Page 2
Passed and approved this 6th day of Apri 1 ,2004.
CITY"~LERK City Attorney's Office
It was moved by E11 iott and seconded by
Champion the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO..
RESOLUTION RESCINDING RESOLUTION NO. 79-462 AND ADOPTING IN LIEU
THEREOF A NEW RESOLUTION FOR THE ESTABLISHMENT OF A SENIOR
CENTER FUND FOR THE MANAGEMENT OF GIFTS, MEMORIALS, AND
FUNDRAISING REVENUE TO THE IOWA CITY/JOHNSON COUNTY SENIOR
CENTER.
WHEREAS, the City Council wishes to establish a fund to receive gifts and memorials from
citizens and private organizations and revenue from fundraising events to be used to develop
and maintain Iowa City/Johnson County Senior Center ("Senior Center") programs and
services; and
WHEREAS, the Senior Center Commission should be able to donate monies from said fund
under limited circumstances to a nonprofit corporation that exists solely to support the Senior
Center;
WHEREAS, there are funds in the account established pursuant to Resolution No. 79-462
known as "Multi-Purpose Senior - Center Fund" which should be transferred to the account
established under this resolution; and
WHEREAS, it is in the public interest for the Senior Center Commission to manage and direct
said funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Gift Fund is established in the City of Iowa City, Iowa. The Finance Department of
the City of Iowa City is authorized to establish the Gift Fund and shall keep all monies
deposited in the Gift Fund and shall invest all monies in the Gift Fund as the Finance
Department deems appropriate.
2. The Gift Fund shall be used solely to develop and maintain Senior Center programs and
services, except as provided in Paragraph 5 below.
3. The Senior Center Commission is authorized to manage the Gift Fund and to receive
and administer gifts and bequests made to the Senior Center.
4. A majority of the Senior Center Commission shall approve all expenditures including
expenses directly related to the securing of contributions to the Gift Fund.
5. A majority of the Senior Center Commission may approve periodic allocations of the Gift
Fund to a nonprofit corporation that is formed in substantial conformity with the bylaws
and articles of incorporation attached to this resolution on the condition that said monies
be used and invested solely for the benefit of the Senior Center.
Resolution No..
Page 2
6. The Gift Fund shall stand dissolved in the event of a decision to discontinue the Senior
Center or a decision is made to replace or abolish the Senior Center Commission. All
monies in the Gift Fund first will be used to help clear any remaining liabitities. The City
Council may then obligate any remaining monies for such purposes it deems will
appropriately serve the best interests the seniors in Iowa City,
7. Resolution No. 79-462 is rescinded and all other resolutions and parts of resolutions
in conflict with the provisions of this resolution are hereby repealed,
8. Atl monies in the "Multi-Purpose Senior - Center Fund" shall be transferred to the Gift
Fund.
Passed and approved this day of. ., 2004.
MAYOR
Approved by
ATTEST: ~::~O'-~3
CITY CLERK Ci~ Aftorney's Office
sue/ord&res/ResSrOtrGiftFund doc
Senior Center
Memorandum
To: Members of the Iowa City City Council; Steve Atkins, City Manager
From: Linda Kopping, Senior Center Coordinator
Re: Use of Senior Center Girl Fund Money to Establish~ ~~a Senior 12gnter. Des~ated
Fund in the Johnson County Community Foundation
Cc: Senior Center Commission; Marian K. Karr, City Clerk
Date: 30 March 2004
The Senior Center Commission has been exploring options for investing a portion of the
money currently held in the Center's Gift Fund in a foundation that would provide for the
future financial support of the Center. Commissioners believe that an appropriately
selected foundation would represent a safe, long-term investment, offer a higher
investment yield than typically available through city-managed accounts, and be an
attractive option for participants and community members interested in making a
donation to support the Center. At the moment the Gift Fund has approximately
$142,000.00 in undesignated funds available.
Given constraints related to investing city money and the costs and complexity of
establishing an independent foundation, the Commission has approved and hopes to
implement a plan that would enable the Commission to use $25,000 of Gift Fund money
to create a Senior Center designated fund in the Community Foundation of Johnson
County. Once established, the Community Foundation of Jotmson County would be
responsible for managing and promoting the Center's designated fund.
Because of state laws regulating the investment of city assets as well as the language of
the 1979 Resolution creating the multi-purpose Senior Center fund for the management
of gifts and memorials, the Commission cannot transfer money from the Gift Fund
directly into the Community Foundation. Therefore, the initial step is the establishment
ora non-profit corporation called the Iowa City Senior Center Fund, Inc. The Iowa City
Senior Center Fund, Inc. would exist for the exclusive purpose of depositing donations it
receives into the Senior Center designated fund in the Community Foundation of Johnson
County. The Board of Directors of the nonprofit corporation would consist of members
of the Commission.
The Commission is asking the City Council to approve a resolution that would make it
possible for the Commission to make a donation of Gift Fund money to the proposed
Iowa City Senior Center Fund, Inc. Management of the Gift Fund would otherwise be
unchanged. Proposed Articles of Incorporation and By-laws for the Iowa City Senior
Center Fund, Inc. are attached to the resolution.
Following the creation of the Iowa City Senior Center Fund, Inc. and passage of the
resolution authorizing the Commission to transfer funds from the Gift Fund to the Iowa
City Senior Center Fund, Inc., the $25,000 transfer would take place. In accordance with
the current plan, the Iowa City Senior Center Fund, Inc. would immediately use this
money to set up a Senior Center designated fund in the Community Foundation of
Johnson County.
In the future it is hoped that individuals, groups, or businesses who wish to make a
donation to the Center's foundation would make their donation directly to the Senior
Center designated fund in the Community Foundation.
ARTICLES OF INCORPORATION
OF
IOWA CITY SENIOR CENTER FUND INC.
a non-profit Iowa corporation
(Pursuant to the Provisions of Section 504A.29 of the Iowa
Corporation Code)
The undersigned have this day associated themselves for the
purpose of forming a non-profit corporation under the laws of
Iowa and adopt the following Articles of Incorporation.
1. Name. The name of this corporation is Iowa City Senior
Center Fund, Inc. The duration of the corporation shall be
perpetual.
2. Tax-Exempt Status. The tax exempt purposes of this
corporation shall be to receive and maintain a fund or funds of
real or personal property or both and, subject to the
restrictions and limitations which are hereinafter set forth, to
use and apply the whole or any part of the income from the
principal of the fund or funds exclusively for charitable,
scientific, literary or educational purposes intended to promote
the health and welfare of persons over the age of fifty (50)
years, either directly or by contributions to organizations that
qualify as exempt organizations under Section 501(c) (3) of the
Internal Revenue Code and its regulations as they now exist or
any may hereafter be amended or to invest its funds for the
benefit of the Iowa City/Johnson County Senior Center.
Notwithstanding any other provision of these Articles of
Incorporation, this corporation shall not conduct or carry on any
activities not permitted to be conducted or carried on by
organizations described in Section 501(c) (c) of the Internal
Revenue Code and its regulations as they now exist or as they may
hereafter be amended.
3. Tax-Exempt Status for Educational Association. This
corporation shall not directly or indirectly perform any act or
transact any business that will jeopardize the tax-exempt status
of the corporation under Section 510(c) (6) of the Internal
Revenue Code and its regulations, as such section and regulations
now exist or may hereafter be amended, or under corresponding
laws and regulations hereafter adopted. No part of the assets or
the net earnings of the corporation, current or accumulated,
shall inure to the benefit of any private individual.
4. Purpose of Non-Profit Corporation. The purpose of this
corporation shall be as follows:
1. to receive, collect, and disburse donations received
exclusively for the Iowa City Community Foundation established
for the benefit of the Iowa City/Johnson County Senior Center and
to invest said funds in said foundation to promote the health and
welfare of persons over the age of fifty (50) years and to assist
in the operations of the Iowa City/Johnson County Senior Center.
2. said funds shall be disbursed in such a way to qualify
under Section 501(c) {3) of the Internal Revenue Code and its
regulations as they now exist or may hereafter be amended.
5. Powers. In furtherance of its objectives and to provide
funds therefor, this corporation shall have the capacity and
power to do any and all things necessary and appropriate to their
accomplishment, including but not limited to:
a. To hold, manage and administer any and all real and
personal property of every kind and description acquired by the
corporation; to use and apply the whole or part of the income
therefrom and the principal interest thereof exclusively for
charitable, scientific, literary or educational purposes, either
directly or by contributions to organizations that qualify as
exempt organizations under Section 501(c) (3) of the Internal
Revenue Code and its regulations as they now exist or as they may
hereafter be amended.
b. To accept and receive by gift, devise, bequests or
otherwise for the uses and purposes of this corporation, any
property - real, personal or mixed - of any kind, nature or
description.
c. To acquire by purchase, lease or otherwise; to own,
hold, maintain and improve; to sell, exchange, mortgage, license,
lease or otherwise dispose of, such real and personal property as
may be necessary to further accomplish this corporation's
purposes.
d. To invest and reinvest its funds and assets, subject to
the limitations and conditions contained in any gift, devise,
bequest or grant; provided, however, that such limitations and
conditions are not in conflict with the provisions of Section
501{c) (3) of the Internal Revenue Code and its regulations as
they now exist or as they may hereafter be amended.
e. To make and enter into contracts and agreements of every
kind and description necessary to further the purposes of this
corporation and to apply for, receive, contract, administrate,
and perform gifts, grants, awards, contracts and programs to
accomplish its purposes with any and all governmental,
charitable, educational, or scientific organizations.
f. To exercise all rights and privileges appurtenant to any
securities or any property held by this corporation, including,
but without limitation to, the right to vote any share of stock
which may be held by this corporation.
g. To act as trustee of funds for trusts created solely for
charitable, religious, scientific, literary or educational
purposes as shall be in furtherance of the purposes and
objectives of this corporation.
h. To do any and every act or thing, and to engage in any
other activity or undertaking necessary or convenient to the
fulfillment of the purposes of this corporation which a corporate
body may lawfully do or perform; provided, however, that only
such acts or things shall be done and such activities or
undertaking engaged in as are in furtherance of the tax-exempt
purposes of this corporation and as may be done or engaged in by
an organization exempt under Section 501(c) (3) of the Internal
Revenue Code and its regulations as they now exist or as they may
hereafter be amended.
i. No substantial part of the activities of this
corporation shall be carrying on propaganda or otherwise
attempting to influence legislation, and this corporation shall
not participate in (including the publication or distribution of
statements) any political campaign on behalf of any candidate for
public office.
j. To hold meetings, lectures, and other educational,
business, and social programs, to engage speakers, to compile and
distribute information, and to provide printed material, forms,
recordings, and other presentations or materials for the benefit
of the members and/or the public.
k. To collect dues, to engage in fund-raising activities,
and to borrow money and to issue notes and other evidences of
indebtedness and obligations from time to time for any lawful
corporate purpose or objective, and to mortgage, pledge, and
otherwise charge any or all its properties, rights, privileges,
and assets to secure the payment thereof.
1. To establish terms and conditions of membership in the
corporation.
m. To do any and every act or thing, and to engage in any
other activity or undertaking necessary or convenient to the
fulfillment of the purposes of this corporation which a corporate
body may lawfully do or perform; provided, however, that only
such acts or things shall be done and such activities or
undertaking engaged in as are in furtherance of the tax-exempt
purposes of this corporation and as may be done or engaged in by
an organization exempt under Section 501(c) (3) of the Internal
Revenue Code and its regulations as they now exist or as they may
hereafter be amended.
6. Non-Profit Status. This corporation shall be a non-profit
corporation and shall have no capital stock, and no dividends or
pecuniary profits shall be declared or paid to the directors,
officers, or members thereof. No part of the net earnings of
this corporation shall inure to the benefit of any director,
officer, or member of this corporation or any private individual,
provided, however, that reasonable compensation may be paid for
services rendered to this corporation in the furtherance of its
purposes.
7. Directors: The number of Directors constituting the initial
board of directors is seven (7).
8. Reqistered Aqent. This corporation appoints Jay H. Honohan,
who has been a bona fide resident of the State of Iowa for at
least three years, as its Registered Agent in and for the State
of Iowa. This appointment may be revoked at any time by the
Board of Directors authorizing and directing the filing of a
statement with the Iowa Secretary of State.
9. Known Place of Business. The known place of business of the
corporation shall be: 28 S. Linn, Iowa City, Iowa 52240 and at
such other places as from time to time may be selected by the
Board of Directors.
10. Board of Directors. The number of directors of the
corporation shall be fixed and may be altered from time to time
as may be provided in the by-laws. In case of any increase in
the number of directors, the additional directors may be elected
by the directors or by the members at an annual or special
meeting, as shall be provided in the by-laws.
The names and addresses of the members of the initial Board
of Directors, who shall serve until their successors are
qualified according to the by-laws, are:
Lori L. Benz Charity Rowley Jay H. Honohan
2012 Dunlap Ct. 701 Oaknoll Drive 1510 Somerset Lane
Iowa City, IA 52245 Iowa City, IA 52246 Iowa City, IA 52240
Betty Kelly Nancy Wombacher Josephine Hensch
1108 Sunset St. 3644 Elgin Drive 3107 Balfour Place
Iowa City, IA 52246 Iowa City, IA 52245 Iowa City, IA 52240
Sarah Maiers
4010 Will Ct. SW
Oxford, IA 52322
The Board of Directors shall have full power to adopt, alter
and amend the by-laws of this corporation and to make proper
rules and regulations for the transaction of its affairs.
1. Incorporators. The names and addresses of the undersigned
incorporators are:
Lori L. Benz Charity Rowley Jay H. Honohan
2012 Dunlap Ct. 701 Oaknoll Drive 1510 Somerset Lane
Iowa City, IA 52245 Iowa City, IA 52246 Iowa City, IA 52240
Betty Kelly Nancy Wombacher Josephine Hensch
1108 Sunset St. 3644 Elgin Drive 3107 Balfour Place
Iowa City, IA 52246 Iowa City, IA 52245 Iowa City, IA 52240
Sarah Maiers
4010 Will Court SW
Oxford, IA 52322
Ail powers, duties and responsibilities of the incorporators
shall cease at the time of delivery of these Articles of
Incorporation to the Iowa Secretary of State for filing.
12. Indemnification of Officers, Directors, Employees and
Aqents. Subject to the provisions of this Article, the
corporation shall indemnify and all its existing and former
directors, officers, employees and agents against all expenses
incurred by them and each of them including but not limited to
legal fees, judgments, penalties and amounts paid in settlement
or compromise which may arise or be incurred, rendered, or levied
in any legal action brought or threatened against any of them for
or on account of any action or omission alleged to have been
committed while acting within the scope of services or employment
as director, officer, employee or agent of the corporation,
whether or not any action is or has been filed against them and
whether or not any settlement or compromise is approved by a
court. Indemnification shall be made by the corporation whether
the legal action brought or threatened is by or in the right of
the corporation or by any other person.
Whenever any existing or former director, officer, employee
or agent shall report to the president of the corporation or the
chairman of the Board of Directors that he or she has incurred or
may incur expenses, including but not limited to legal fees,
judgments, penalties, and amounts paid in settlement or
compromise in a legal action brought or threatened against him or
her for or on account of any action or omission alleged to have
been committed by him or her while acting within the scope of his
or her services or employment as a director, officer employee or
agent of the corporation, the Board of Directors shall, at its
next regular or at a special meeting held within a reasonable
time thereafter, determine in good faith whether, in regard to
the matter involved in the action or contemplated action, such
person acted, failed to act, or refused to act willfully or with
gross negligence or with fraudulent or criminal intent.
If the Board of Directors determines in good faith that such
person did not act, failed to act, or refused to act willfully or
with gross negligence or with fraudulent or criminal intent or in
regard to the matter involved in the action or contemplated
action, indemnification shall be mandatory and shall be
automatically extended as specified herein; provided, however,
that no such indemnification shall be available with respect to
liabilities under the Securities Act of 1933 and provided further
that the corporation shall have the right to refuse
indemnification in any instance in which the person to whom
indemnification would otherwise have been applicable shall have
unreasonably refused to permit the corporation as its own expense
and through counsel of its own choosing, to defend him or her in
the action.
13. A~nendment of Articles of Incorporation. These Articles of
Incorporation may be amended by the affirmative vote of a
majority of the members of this corporation at a meeting called
for that purpose; provided, however, that in no event shall the
purposes of this corporation be changed, and Articles 5 and 12
hereof shall not be altered or amended in any manner or way
whatsoever.
WE THE UNDERSIGNED, for the purpose of forming a not for profit
corporation under the laws of the State of Iowa, certify that the
facts herein stated are true, and have accordingly hereunto set
our hands this date:
LORI L. BENZ CHARITY ROWLEY
JAY H. HONOHAN BETTY KELLY
NANCY WOMBACHER JOSEPHINE HENSCH
SARAH MAIERS
~p9\office\j ay. srctr-articles
BY-LAWS
of
IOWA CITY SENIORS FUND INC.
an Iowa non-profit corporation
Effective date of Incorporation:
State of Corporation: Iowa
Fiscal Year End:
Part One
Introduction
1.1 References to Articles. Any reference herein made to the Articles will be deemed to refer
to its Articles of Incorporation and all amendments thereto as at any given time on file with the
Iowa Secretary of State, together with any and all certificates thereto fore filed by the corporation
with the Iowa Secretary of State pursuant to Iowa law.
1.2 Seniority of Laws Articles by-laws, Policies and Resolutions. The governing law
relevant to the conduct of this corporation shall bc the laws of the United States, laws of the State
of Iowa, thc Articles of Incorporation of this corporation, the by-laws of this corporation, and the
corporate policies and resolutions that arc passed from time to time by the members and
directors. If there is any inconsistency between these controlling bodies of law, then any
inconsistency is to be resolved in favor of the senior body of law and the junior bodies of law arc
deemed automatically amended. The officers, directors and members of the corporation shall
make every effort to generally amend thc junior bodies of law whenever necessary so that
inconsistencies will bc corrected. However, whether or not these inconsistencies are corrected,
the senior body of law will still prevail until such correction is made. The priority of the
governing bodies of law are as follows: (a) laws of the United States; (b) laws of the State of
Iowa; (c) Articles of incorporation of this corporation; (d) by-laws of this corporation; (e)
policies of this corporation; and (f) resolutions passed by this corporation.
1.3 Policies. In addition to the Articles, by-laws and resolutions, the directors or executive
committee may adopt, from time to time, certain "policies." These policies shall be considered as
controlling regulations for the conduct of the corporation and shall be permanent until amended.
It is contemplated that the by-laws of this corporation shall contain those permanent legal
provisions which are required by statute or some legal and parliamentary custom, are not subject
to frequent change and are usually prepared upon the legal advice of a lawyer; whereas policies
are adopted by the management of the corporation to conduct the non-legal affairs of the
corporation and will not require the presence or concurrence of a lawyer or other professional
adviser.
The purpose of setting up a distinction between the by-laws and policies is to reduce the
amount of involvement of the attorney in the day-to-day affairs of the corporation and to give the
corporation the leeway to adopt policies of all types without creating complex and lengthy
documentation which must be reviewed by corporate counsel, the corporate certified public
accountant on an audit, or by tax auditors of the government. Wherever possible, the policies,of
the corporation shall be kept in a separate policy book so as not to confuse them with the by-laws
and articles. Whenever it is apparent to any member, director, officer or adviser that any of the
policies are inconsistent with the laws of the United States, laws of the State of Iowa, Articles of
this corporation, or by-laws of this corporation, they shall forthwith be amended.
An up-to-date copy of all policies which have been adopted by the board of directors or
executive committee shall be kept by the president and no policy shall be deemed in effect until it
has been placed in the policy notebook of the corporation with the signature of the president on
the policy and the initials of the president on each page of the policy. The purpose of this signing
and initialing requirement is to eliminate any doubt as to which policies are in effect and which
policies are not. The effective date of each policy shall be designated at the end of the text of
each policy when it has been adopted and should a page of the policy be amended from time to
time, the corporation shall place the effective date of the change on that replacement page,
indicating the date of the amended page, that it is an amendment, and the signature of the
president. Should any person of the corporation desire to ascertain the then existing policies of
the corporation, he may contact the president and make copies of the duly signed and initialed
policies of the corporation.
Part Two
Members and Certificates
2.1 Members. This sole members of this corporation shall be the duly appointed and acting
members of the Iowa City/Johnson County Senior Center Commission. The initial members of
the corporation shall be the 2004 Commission members. When a Commission member's term
expires or he or she resigns or is replaced by the Iowa City Council or the Senior Center
Commission, the person who fills the term of said Commission member shall automatically
become a member of this corporation.
2.2 Transfer of Memberships. Membership in this corporation is not transferable or
assignable.
2.3 Votin ~g_~,h~. Members shall be entitled to vote at the annual members' meeting for the
election of directors and for other matters which have a permanent or long-lasting effect on the
operation of the corporation.
2.4 Compensation and Expenses to Members. Members shall not receive compensation or
expenses for attendance at any meeting of the members. Members shall not receive any stated
salary for their services as such. However, the board of directors shall have power in its
discretion to contract for and to pay special compensation to members rendering unusual or
special services to the corporation the value of such services. No compensation or expenses shall
be paid to any member unless a certificate of resolution authorizing such compensation or
expenses has been signed or initialed by the legal counsel for the corporation and either a
certified public accountant or tax attorney, certifying that the compensation or expenses to the
member complies with law and that such compensation or payment of expenses does not result in
the corporation losing its tax-exempt status.
Part Three
Members' Meetings
3.1 Regular and St~ecial Meeting; Place of Meetings. The annual meetings shall be the
only regular meetings of the members. Special meetings of the members may be held when
called as hereinafter provided. Any members' meetings may be held within or without the State
of Iowa, but shall always be held at the time and place fixed in the call for such meeting or in any
resolution adjourning the same. If no other place is designated in the resolution adjourning such
meeting, the adjourned meeting shall be held at the place designated in the call for the meeting.
3.2 Annual Meeting. The annual meeting of the members for the election of directors shall
be held on a date in the week that falls two months after the end of the corporation's fiscal year.
If, for any reason, such meeting shall not be held or a board of directors shall not be elected at
such meeting or at an adjournment thereof, a board of directors may be elected at a special
meeting to be called by the board of directors then in office or upon their order.
3.3 Si~ecial Meetinr, s. Special meetings of the members, for any purpose or purposes other
than the election of directors as hereinabove provided, may be held at the call of the chairman of
the board, the president of the corporation or the board of directors, and shall be called by the
president at the request of the holders of one-tenth of all the members of the corporation entitled
to vote at the meeting.
3.4 Quorum. Except as otherwise provided by law, four members of the board of directors
shall constitute a quorum at any meeting.
3.5 Notice. Notice of all members' meetings shall be in writing, signed, by an officer of the
corporation. A copy of such notice shall be sent by mail not less than 10 calendar days nor more
than 50 calendar days prior to the date of the meeting, unless a longer period is required by law,
to each member of record entitled to notice of such meeting, at the registered post office address
of such member as it appears on the records of the corporation. Such notice shall state the time
and place of the meeting and the purpose for which it is called, so far as is known at the date of
the notice, and if the call be for an annual meeting, the notice shall so state. Such notice shall be
sufficient for such meeting and any adjournment thereof. Any member may waive notice of any
meeting either before, at, or after the meeting.
3.6 Informalities and Irrel~ularities. All informalities or irregularities in any call or notice
of a meeting, or in the areas of credentials, proxies, quorums, voting and similar matters, will be
deemed waived, if no objection is made at the meeting.
3.7 Lack of Quorum. Ifa sufficient number of voting members constituting a quorum is not
present, the presiding officer may adjourn the meeting to a date and hour fixed by the officer,
provide.d he gives reasonable notice in writing or be telephone, telegram, personal visit, or other
appropriate means of the date and time of the continued meeting.
3.8 Informal Action. Any action which under any provisions of the Iowa Non-Profit
Corporation law may be taken at a meeting of the members may be taken without a meeting ifa
consent in writing, setting for the action so taken, shall be signed by two-thirds of the persons
entitled to vote with respect to the subject matter thereof. Such consent shall be filed with the
secretary of the corporation.
3.9 Waiver. When the members entitled to vote shall be present or expressly waive their
presence at a meeting, and shall sign a written consent thereto on the record thereof, all the acts
of such meeting shall be binding, regardless of the manner in which the meeting is called.
3.10 Presiding Officer. The president of the corporation or a chairman elected by the
members, shall preside over the meeting of the members, and the secretary of the corporation, the
corporate attorney, or a secretary designated by the members shall be the recording secretary for
the meeting.
3.11 Business to be Transacted. Any question may be considered and acted upon at an
annual meeting, but no question not stated in the call for a special meeting shall be acted upon
thereat except by the consent of a majority of the aggregate votes that the members of the
corporation are presently entitled to.
3.12 Voting. Members shall be entitled to one vote each.
3.13 Order of Business. The order of business at meetings shall be as follows:
a. Call to order
b. Reading of minutes of previous meeting
c. Receiving communications
d. Reports of officers
e. Reports of committee heads and committee members
fi Other reports
g. Unfinished business
h. New business
i. Adjournment
The order of business may be altered or suspended at any meeting by a majority vote of
the members present.
3.15 Inspection of Records. The books of account and membership records of the
corporation shall be available for inspection at reasonable times by any member of the
corporation and shall be open to any member of the public who requests it.
Part Four
Board of Directors
4.1 Number and Eligibility. The board o£directors shall be the members of the corporation
specifically the members of the Iowa City/Johnson County Senior Center Commission.
4.2 Annual Meeting and Election of Members of the Board- At the annual meeting of the
members, the board of directors shall elect a chairman from among its number, who shall hold
office for a period of one year or until his successor has been duly elected and qualified. It shall
be the duty of the chairman to preside at all meetings of the members and board of directors, and
to insure compliance with the laws of the state, the Articles of Incorporation, and the by-laws as
herein set forth, and to perform such duties as may be delegated to him and prescribed by the
board of directors.
4.3 Election of Officers. At the annual meeting of the board of directors, the board shall
elect the officers of the corporation as follows: a president, a vice president, a secretary, and such
other officers with such titles and with such powers and duties as may be deemed necessary by
the board of directors. The treasurer of the corporation shall be the Coordinator of the Iowa
City/Johnson County Senior Center or his or her designee.
4.5 Sl~ecial Meetines. Special meetings of the board of directors may be held from time to
time upon call issued by the chairman, the president, a majority of the directors, or two-thirds of
the members of the corporation. Such meetings may be held either within or without the State of
Iowa, and may be held by means of conference telephone or similar communications equipment
by means of which all persons participating in the meeting can hear each other, and participation
in a meeting pursuant to this provision shall constitute presence in person at such meetings.
Attendance of a director at a meeting shall constitute a waiver of notice of such meeting,
except where a director attends a meeting for the express purpose of objecting to the transaction
of any business because the meeting is not lawfully called or convened.
Notice of special meetings of the board shall be signed by the person or persons calling
the
same as aforesaid, or by someone designated and so authorized and instructed by the person or
persons calling the same and shall be sent by mail to each director at his or her post office
address of record with the corporation not less than five calendar days and not more than 20
calendar days prior to the date of the meeting. Such notice shall state the time and the place of the
meeting and the purposes for which it was called.
4.6 Quorum and Waiver of Notice. A majority of the members of the board at thc time
holding office shall constitute a quorum for the transaction of business. No special meeting of the
board shall be valid unless notice of the meeting has been mailed to each board member as
provided in paragraph 4.5 above, or the giving of such notice shall have been waived in writing.
4.7 Voting. Each director present shall be entitled to one vote at each director's meeting. The
act of the majority of the directors present at a meeting at which a quorum is present shall be the
act of the Board of Directors.
4.8 Presumption of Assent. A director ora corporation who is present at a meeting of the
board of directors or of any committee, at which action is taken on any corporate matter, will be
presumed to have assented to the action taken unless his or her dissent is entered into the minutes
of the meeting, or unless he or she filed a written dissent of such action with the person acting as
secretary of the meeting before the adjournment of the meeting, or forwarded the dissent by
registered mail to the secretary of the corporation immediately after the adjournment .of the
meeting. The right to dissent will not be available to a director who voted in favor of the action.
4.9 Filling Vacancies. When a vacancy in the board of directors is caused by the death,
resignation, removal, or other disqualification of a director said vacancy shall be filled by the
person appointed by the City Council of Iowa City or the Commission to serve on the Iowa
City/Johnson County Senior Center Commission. The successor's term shall be the same as the
person replaced.
4.10 Tenure. The directors shall hold office from the time of election until the next annual
election of directors as provided by bylaws, or until their successors are duly elected and
qualified.
Any member of the board of directors who absents himself or herself from three
consecutive meetings of the board may have his or her office declared vacant by a majority of the
directors present at any subsequent meeting.
4.11 Compensation for Non-Profit Corporate Directors. Neither the officers, directors, nor
members serving on committees shall receive any salary or compensation for services rendered to
the corporation.
4.12 Powers. The business of this corporation shall be conducted by the board of directors,
and the board shall have the right to prescribe the duties of all officers.
4.13 Action b_~_Resolution. The board of directors shall, except as otherwise herein provided
by law, have power to act in the following manner: A resolution in writing, signed by all of the
members of the board shall be deemed to be action by such board to the effect therein expressed,
with the same force and effect as if the same had been duly passed by the same vote at a duly
convened meeting, and it shall be the duty of the secretary of the corporation to record such
resolution in the minute book of the corporation under its proper date.
4.14 Lack of Quorum. If a sufficient number of directors constituting a quorum is not
present, the chairman so presiding may adjourn the meeting to a date and hour fixed by the
chairman, provided he gives reasonable notice in writing, by telephone, telegram, personal visit,
or other appropriate means of the date and time of the continued meeting.
4.15 Informalities and Irregularities. All informalities or irregularities in any call or notice
of a meeting, or in the areas of credentials, quorums, voting and similar matters, will be deemed
waived if no objection is made at the meeting.
4.16 Executive Committee. The Board of Directors, by resolution adopted by a majority of
the full board, may designate two or more of its members to constitute an Executive Committee.
The designation of such committee and the obligation thereto of authority shall not operate to
relieve the Board of directors, or any members thereof, of any responsibility imposed by law.
a. Authority. The Executive Committee, when the board of directors is not in session,
shall have and may exemise all the authority of the Board of Directors except to the extent, if
any, that such authority shall be limited by the resolution appointing the Executive committee
and except also that the Executive Committee shall not have the authority of the Board of
Directors in reference to amending the Articles of incorporation, adopting a plan of merger or
consolidation, recommending to the members the sale, lease or other disposition of all or
substantially all the property and assets of the corporation otherwise than in the usual and regular
course of its business, recommending to the members a voluntary dissolution of the corporation
or a revocation thereof, or amending the by-laws of the corporation.
b. Tenure and Qualifications. Each member of the Executive Committee shall hold office
until the next regular annual meeting of the Board of Directors following his designation and
until his successor is designated as a member of the Executive Committee and is elected and
qualified.
c. Meetings. Regular meetings of the Executive Committee may be held without notice at
such times and places as the Executive Committee may fix from time to time by resolution.
Special meetings of the Executive Committee may be called by any member thereof upon not
less than one day's notice stating the place, date and hour of the meeting, which notice may be
written or oral, and if mailed, shall be deemed to be delivered when deposited in the United
States mail addressed to the member of the Executive Committee at his business address. Any
member of the Executive Committee may waive notice of any meeting and no notice of any
meeting need be given to any member thereof who attends in person. The notice ora meeting of
the Executive Committee need not state the business proposed to be transacted at the meeting.
d. Quorum. A majority of the members of the Executive Committee shall constitute a
quorum for the transaction of business at any meeting thereof and action of the Executive
Committee must be authorized by the affirmative vote of a majority of the members present at a
meeting at which a quorum is present.
e. Action Without a Meeting. Any action that may be taken by the Executive Committee
at a meeting may be taken without a meeting ifa consent in writing, setting forth the action so to
be taken, shall be signed before such action by all the members of the Executive Committee.
f. Vacancies. Any vacancy in the Executive Committee may be filled by a resolution
adopted by a majority of the full Board of Directors.
g. Resignations and Removal. Any member of the Executive Committee may be
removed at any time with or without cause by resolution adopted by a majority of the full Board
of Directors. Any member of the Executive Committee may resign from the Executive
Committee at any time by giving written notice to the president or secretary of the corporation,
and unless otherwise specified thereof, the acceptance of such resignation shall not be necessary
to make it effective.
h. Procedure. The Executive Committee shall elect a presiding officer from its members
and may fix its own roles of procedure which shall not be inconsistent with these by-laws. It shall
keep regular minutes of its proceedings and report the same to the Board of Directors for its
information at the meeting thereof held next after the proceedings shall have been taken.
4.18 Special Committees. The board of directors may also, from time to time, appoint any
other special committees deemed by it expedient, and refer to such special committees any
special matters with instructions and/or powers to act. All such special committees shall keep
regular minutes of the transaction of their meetings and make such minutes available to the board
of directors at the next meeting thereof following the proceedings of the special committee.
Part Five
Officers, Powers and Duties
5.1 Officers. The officers of this corporation shall consist of a president, a vice president, a
secretary, a treasurer, and such other officers with such titles, powers and duties as may be
prescribed by the board of directors.
5.2 Tenure. All officers shall hold office from the time of their election until the next annual
election of officers or until their respective successors are elected and qualified, provided,
however, any officer may be removed from office by a majority vote of the directors at any
legally held meeting of the board.
5.3 Bonds and Other Requirements. The board of directors may require any officer to give
bond to the corporation (with sufficient surety and conditioned for the faithful performance of the
duties of his office) and to comply with such other conditions as may from time to time be
required of him by the board.
5.4 Removal of Officers. If the majority of the board concurs, the board of directors may at
any time, with or without cause, remove any officer or agent of the corporation and declare his or
her office or offices vacant or, in the case of the absence or disability of any officer or for any
other reason considered sufficient, the board may temporarily delegate his powers and duties to
any other officer or to any director.
5.5 President. In the absence of the chairman, the president shall preside at all meetings of
the
members and board of directors. The president, along with other authorized officers, shall sign
for and on behalf of the corporation, or in its name, all certificates of membership, deeds,
mortgages, contracts and other instruments in writing, except that contracts may be signed with
like effect by any other officer or employee of the corporation specified in these by-laws or
designated by the board of directors. While actively engaged in conducting the business of the
corporation, he or she shall be charged with all the duties and have all the authority customarily
performed and exercised by the chief executive of a corporation organized under the laws of
Iowa, and shall perfonn such other duties as may be prescribed by the board.
5.6 President Elect. The board of directors may elect a "president elect" who shall be
designated to succeed the president after the expiration of his or her term, when the board of
directors deems it advisable, for purposes of continuity, to name the next succeeding president.
5.7 Vice President. The vice president shall have and may exemise such powers and shall
perform such duties as may be delegated by the board of directors or the president of the
corporation. The vice president shall, in the event of the death, absence, or other disability of the
president, perform all the duties and exercise all the authority of the president.
5.8 Secretary. It shall be the duty of the secretary to record and keep the minutes of all
meetings of the members, the board of directors, and the executive committee of the board of
directors. At the expiration of his or her term, fi.om whatever cause, he or she shall surrender all
books, moneys, papers and property of the corporation to his successor.
5.9 Treasurer. The treasurer shall be the custodian of all moneys belonging to the corporation
and shall hold all funds of the corporation subject to the order of the board of directors or persons
thereunto authorized by the board of directors. He or she shall deposit the funds of the
corporation with such bank or banks as the board of directors may approve and designate. At
each annual meeting of the members, and at each annual meeting of the directors, and whenever
called upon at any other directors' meeting, he or she shall make a complete and correct report of
the accounts and disclose the true financial condition of the corporation.
5.10 Other Officers. If an assistant secretary be elected by the board of directors, he or she
shall have and may exercise the same powers and perform the same duties as the secretary.
5.11 Compensation for Non-Profit Corporate Officers. The officers shall not receive any
salary or compensation for services rendered to the corporation.
5.12 Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or otherwise, may be filled by the board of directors for the unexpired portion of
the term.
Part Six
Corporate Seal
6.1 Description. The corporation shall not have a corporate seal.
Part Seven
Contracts, Deposits and Withdrawals of Corporate Funds
7.1 General. All moneys of every kind belonging to the corporation shall be deposited to its
credit in a bank or banks designated by the board of directors, and no moneys shall be withdrawn
therefrom unless the checks or other orders evidencing such withdrawals are signed by such
officers or employees of the corporation as may he designated by resolution of the board of
directors duly adopted.
7.2 Contracts. The board of directors may authorize any officer or officers, agent or agents
of the corporation, in addition to the officers so authorized by these by-laws, to enter into any
contract or execute and deliver any instrument in the name of and on behalf of the corporation,
and such authority may be general or confined to specific instances.
In the absence of such determination by the board of directors, contracts must be signed
by the president and secretary of the corporation and initialed by an attorney licensed in the state
where the contract is executed.
7.3 Checks, Drafts, Etc. All checks, drafts, orders for the payment of money, notes, or other
evidences of indebtedness issued in the name of the corporation shall be signed by such officer or
officers, agent or agents of the corporation and in such manner as shall from time to time be
determined by resolution of the board of directors. In the absence of such determination by the
board of directors, such instruments shall be signed by the treasurer or an assistant treasurer and
countersigned by the president or a vice president of the corporation.
7.4 Deposits. All funds of the corporation shall be deposited from time to time to the credit
of the corporation in such banks, trust companies, or other depositories as the board of directors
may select.
7.5 Gifts. The board of directors may accept on behalf of the corporation any contribution,
gift, bequest or devise for the general purposes or for any special purpose of the corporation.
Part Eight
Amendments
8.1 Vote Required. These by-laws may be enlarged, amended or repealed by a two-thirds
vote of the members o£the corporation at any regular meeting of the members or at any special
meeting of the members called for that purpose, or by a two-thirds vote o£the board o£directors
at any meeting of the board of directors called for that purpose.
8.2 Meetings for Adontion. Such amendment, enlargement or repeal may be adopted at any
annual meeting of the members without previous notice, but if contemplated at a special
members meeting, notice thereof shall be given in the call for the meeting.
Part Nine
Fiscal Year
9.1 Fiscal Year. The fiscal year of the corporation is set forth on the caption page of these
by-laws.
Part Ten
Miscellaneous
10.1 Exempt Activities. Notwithstanding any other provision of these by-laws, no member,
trustee, officer, employee, or representative of this corporation shall take any action or carry on
any activity by or on behalf of the corporation no permitted to be taken or can-ied on by an
organization exempt under §50 1(c)(3) of the Internal Revenue Code and its regulations as they
now exist or as they may hereafter be amended, or by an organization, contributions to which arc
deductible under §170(c)(2) of such Code and Regulations as they now exist or as they may
hereafter be amended.
10.2 Election of Chairman Pro Tern. In the absence of the chairman, the president, and any
vice president at any members or directors meeting, the members or directors present shall elect a
chairman pro tern, who shall preside at the meeting and exercise the same powers as the
chairman, the president, or the vice president could if present.
10.3 .P~ Law. When not in conflict with these by-laws, Robert's Rules of Order,
Revised, 75th Anniversary Edition shall establish the role of procedure at all members and
directors meetings, and the provisions of that publication are incorporated by reference herein as
the ruling law for this corporation.
10.4 Corporate Minute Books and Records. The minute books and records of this
corporation shall be placed in the office of the Iowa City/Johnson Cotmty Senior Center
Coordinator.
10.5 Non-Liability of Members. The members, officers and directors of this corporation
shall not be individually liable for the corporation debts or other liabilities, and private property
of such individuals shall be exempt from corporation debts or liabilities.
10.6 Indemnification of Officers. The corporation shall indemnify every person, his heirs,
executors and administrators, against all expenses reasonably incurred by such person in
connection with any action, suit or proceeding to which such person may be made a party by
reason of that person being or having been a director or officer of this corporation, or by reason
of that person being or having been a director or officer of any other corporation of which this
corporation is a shareholder or creditor, and from which other corporation such person is not
entitled to be indemnified, or by reason of such officer or director or former officer or former
director becoming a party to any such action, suit or proceeding at the request of or at the
direction of this corporation or any successor hereto; provided, however, there shall be no
indemnification in relation to any matter as to which such person shall be finally adjudged in
such action, suit or proceeding to be liable for negligence or misconduct. In the event ora
settlement of such action, suit or proceeding, indemnification of such person shall be provided
only in connection with such matters covered by such settlements to which the corporation is
advised by counsel that such person to be indemnified did not commit such a breach of duty.
This right of indemnification shall be exclusive of other rights to which such person may be
entitled. As used in this by-law, expenses shall include, but shall not be limited to, amounts of
judgments, penalties or fines and interest thereon for reasonable periods of time, rendered, levied
or adjudged against such persons, costs of the action, suit or proceeding, attorneys' fees, expert
witness fees and
amounts paid in settlement by such persons, provided that such settlement shall have been or is
thereafter approved by the board of directors of this corporation. This by-law is made a part of
these by-laws to comply with and to take full advantage of Iowa laws governing such
indemnification.
10.11 Authority to Sell Corporate Assets. With the consent or ratification in writing or
pursuant to the vote of a majority of members entitled to vote thereon, the board of directors will
have the powers and authority to lease, sell, assign, transfer, conveyor otherwise dispose of the
entire property of the corporation, irrespective of the effects thereof upon the continuance of the
purposes of the corporation and the exercise of its franchise; but the corporation may not be
dissolved except as provided by the laws of the State of Iowa.
CERTIFICATION
We, the undersigned, the duly elected and acting Directors of a non-profit Iowa corporation, do
hereby certify that the within and foregoing by-laws were adopted as the by-laws of that
corporation on, and that the same do now constitute the by-laws of that corporation.
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the seal
of the corporation this date:
LORI L. BENZ CHARITY ROWLEY
JAY H. HONOHAN BETTY KELLY
NANCY WOMBACHER JOSEPHINE HENSCH
SARAH MA1ERS
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5030
RESOLUTION NO. 04-:].02
RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 4-ACRE
PARCEL OF LAND EAST OF IOWA CITY ADJACENT TO LOWER WEST BRANCH ROAD,
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
DOCUMENTATION OF THE SAME.
WHEREAS, it is in the public interest to acquire property east of Iowa City for location of a water
storage tank; and
WHEREAS, the Iowa City Public Works Department has identified a parcel of property
approximately 4 acres in size located just off of Lower West Branch Road, appropriate for location
of a water storage tank; and
WHEREAS, the owner of said property, St. Mark's United Methodist Church, has accepted an
offer from the City to purchase the property for $54,000 and upon the other terms and conditions
stated in the attached to offer to buy real estate and acceptance; and
WHEREAS, said offer is contingent upon City Council approval and formal subdivision
proceedings will be necessary in order to complete the transaction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The terms set forth in the offer to buy real estate and acceptance attached hereto are
approved by the City Council.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest any and all documentation necessary to gain approval of any and all subdivision
proceedings necessary in connection with the purchase.
3. Upon approval of the necessary subdivision proceedings, and direction of the City
Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all
documentation necessary to effectuate the purchase of the property pursuant to the terms
as approved herein.
Passed and approved this 6th dayof~,~ ~.~.0_~4~_ _
AYO
ATTEST: ~
CITY"Ct:ERK - ~.ity'At{orr~y's Office
mitch/A/S&Jdevelopment/res-purchase doc
Resolution No. 04-102
Page 2
it was moved by Champion and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTA I N:
X Bailey
X Champion
Elliott X
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: St; Mark's United Methodist Church ("Seller" or "Sellers")
1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate consisting of
approximately 4.13 acres in Johnson County, Iowa, located in the South 1/2 of the Northwest 1/4 of
Section 8, Township 79 North, Range 5 West, as depicted on the diagram attached hereto and
incorporated herein as Exhibit "A", with any easements and appurtenant servient estates, but subject to
the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record
for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of
others.)
designated the; pro~ided Buyer, on possession, is permitted to make the following use of the Real
Estate:
public use
2. PRICE. The purchase price shall be $54,000.00, payable at JOHNSON County, Iowa, as
follows: purchase price to be paid in full upon possession and closing.
3. REAL ESTATE TAXES.
a. Sellers shall pay all real estate taxes that are due and payable as of the date of
possession and constitute a lien against the property, including any unpaid real estate
taxes for any prior years.
b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate
taxes for the fiscal year in which possession is given due and payable in the subsequent
fiscal year.
Buyer shall be given a credit for such proration at closing based upon the last known
actual net real estate taxes payable according to the public record. However, if such
taxes are based upon a partial assessment of the present property improvements or a
changed tax classification as of the date of possession, such proration shall be based
on the current millage rate, the assessed value, legislative tax rollbacks and real
estate tax exemptions that will actually be applicable as shown by the Assessor's
records on the date of possession.
c. Buyer shall pay all subsequent real estate taxes.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the
date of closing.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are
a lieu on the Real Estate and, if not paid, would become delinquent during the calendar year
this offer is accepted, and all prior installments thereof.
c. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of
possession of the Real Estate to Buyer shall be as follows:
a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be
delivered to Buyer.
b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and
extended coverage insurance on the Real Estate until possession is given to Buyer
and shall promptly secure endorsements to the appropriate insurance policies naming
Buyer as additional insureds as their interests may appear. Risk of loss from such
insured hazards shall be on Buyer after Sellers have performed under this paragraph
and notified Buyer of such performance. Buyer, if it desires, may obtain additional
insurance to cover such risk.
6. CONDITION OF PROPERTY.
a. The Real Estate shall be preserved in its present condition and delivered intact at the
time possession is delivered to Buyer, provided, however, if 5.a. is stricken and there
is loss or destruction of all or any part of the Real Estate from causes covered by the
insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed
Real Estate together with such insurance proceeds in lieu of the Real Estate in its
present condition and Sellers shall not be required to repair or replace same.
7. ENVIRONMENTAL MATTERS.
a. Sellers warrant, to the best of their knowledge and belief that there are no abandoned
wells, solid waste disposal sites, hazardous wastes or substances or underground
storage tanks located on the property, the property does not contain levels of radon
gas, asbestos or urea-formaldehyde foam insulation which require remediation under
current environmental standards, and Sellers have done nothing to contaminate the
property with hazardous wastes or substances. Sellers warrant that the property is
not subject to any local, state, or federal judicial or administrative action,
investigation or order, as the case may be, regarding wells, solid waste disposal sites,
hazardous wastes or substances or underground storage tanks. Sellers also shall
provide Buyer with a properly executed GROUNDWATER HAZARD
STATEMENT showing no wells, solid waste disposal sites, hazardous waste or
underground storage tanks on the Property, unless disclosed here:
b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a
report from a qualified engineer or other person qualified to analyze the existence or
nature of any hazardous materials, substances, conditions or wastes located on the
Property. In the event any hazardous materials, substances, conditions or wastes are
discovered on the Property, Buyer's obligation hereunder shall be contingent on the
removal of Such materials, substances, conditions or wastes or other resolution of the
matter reasonably satisfactory to Buyer. However, in the event Sellers are required
by Buyer pursuant to the foregoing sentence, to expend any sum in excess of $
.00 to remove any hazardous materials, substances, conditions or wastes, Sellers
shall have the option to cancel this transaction and refund to Buyer all earnest money
paid and declare this Agreement null and void. The expense of any inspection shall
be paid by Buyer. The expense of any action necessary to remove or otherwise
make safe any hazardous material, substance, conditions or waste shall be paid by
Sellers, subject to Sellers' right to cancel this transaction as provided above.
8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties'
timely performance of all obligations herein, closing shall be held on or before the date 90 days
after acceptance of this Offer by Seller and possession of the Real Estate shall be delivered to
Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of
the date of transfer of possession.
9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether
attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors,
screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air
conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside
television towers and antenna, fencing, gates and landscaping shall be considered a part of Real
Estate and included in the sale except: (consider: rental items)
10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
11. ABSTRACT AND TITLE. Sellers, at their expense, shall obtain an abstract of title to
the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement,
Iowa law and Title Standards of the Iowa State Bar Association.
12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to
Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1.a. through 1.d. Any general warranties of title shall extend
only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing
up to time of delivery of the deed.
13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately
preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full rights of
survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the
Sellers, then the proceeds of this sale, and any confmuing or recaptured rights of Sellers in the
Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as
tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance
of the price due Sellers under this contract to the surviving Seller and to accept a deed from the
surviving Seller consistent with Paragraph 11.
14. JOINDER BY SELLERS' SPOUSES. Sellers' spouses, if not titleholders immediately
preceding acceptance of this offer, execute this contract only for the purpose of relinquishing all
rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the
Iowa Code and agree to execute the deed or real estate contract for this purpose.
15. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
16. REMEDiES OF THE PARTiES.
a. If Buyer fails to timely perform th/s contract, Sellers may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon
thirty days written notice of intention to accelerate the payment of the entire balance
because of such failure (during which thirty days such failure is not corrected)
Sellers may declare the entire balance immediately due and payable. Thereafter this
contract may be foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made
returned to it.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs
and attorney fees as permitted by law.
17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on
the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien,
showing the correct balance due.
18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract
shall be on a form of the Iowa State Bar Association.
19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the
fiduciary shall promptly submit this contract for such approval. If this contract is not so
approved, it shall be void.
20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply
to and bind the successors in interest of the parties.
21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural
number, and as masculine, feminine or neuter gender, according to the context.
22. TIME FOR ACCEPTANCE. If this offer is-not accepted by Sellers on or before the
date 28 days after delivery of this offer to Seller, it shall become void and all payments shall be
repaid to the Buyer.
23. OTHER PROVISIONS
a. This Offer shall be subject to formal approval by the City Council of Iowa City.
b. This offer shall be subject to Buyer obtaining and providing a plat of survey
legally describing and depicting the property, at Buyer's cost.
c. This Offer shall be subject to Seller acquiring ownership and possession of the
property on or before the date 60 days after acceptance of this Offer by Seller.
CITY OF IOWA CITY, IOWA, Buyer
By:~ ~~~-~ *~ ":t ii.
Date
City Maffager
This offer is accepted ,/d~7 ~ ~d~ ,~..
SELLER
St. Mark's United Methodist Church
/,~z~-~- (Title)
Taxpayer ID No. ~/2 -
Exh;b;'~ A
Prepared by: JCCOG Solid Waste Coordinator, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235
RESOLUTION NO. 04-:].03
RESOLUTION APPROVING THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS
REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN.
WHEREAS, Chapter 455B.302, of the Code of Iowa, states that each city and county of this
state shall provide for the establishment and operation of a comprehensive solid waste
reduction program consistent with the adopted hierarchy of solid waste management under
Section 455B.301 A; and
WHEREAS, Section 455B.306(1) of the Code of Iowa, states that all cities and counties shall
file with the Iowa Department of Natural Resources a comprehensive plan detailing the method
by which those waste reduction and recycling program requirements will be met, and that plan
shall be updated consistent with the rules of the Environmental Protection Commission, and
WHEREAS, said plan entitled Regional Comprehensive Solid Waste Management Plan, has
been updated and adopted by the East Central Iowa Council of Governments, and the City of
Iowa City will fulfill its planning requirement through its adoption; and
WHEREAS, the City Council of Iowa City has reviewed the update of the Regional
Comprehensive Solid Waste Management Plan, and the City Council of Iowa City is committed
to the State of Iowa's waste reduction and recycling goals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa, hereby adopts
the Regional Comprehensive Integrated Solid Waste Management Plan 2004-2010 for the East
Central Iowa Council of Governments Solid Waste Planning Area and will make its best effort to
put into action the implementation plan and schedule. A copy of the plan is on file in the Solid
Waste Management Planner's office with the Johnson County Council of Governments.
Passed and approved this 6th day of April ,20 04
Approved by
ATTEST: ~I~ /~'-
ClTY"C:,LERK City Attorney's Office
It was moved by Champ'ion and seconded by ~lilbu~'n the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Ross Spitz, Eng., 410 E. Washington St., Iowa City, IA 52240 (319)356-5149
RESOLUTION NO. 04-104
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2004 ASPHALT RESURFAClNG PROJECT,
WHEREAS, L.L.. Pelling Co., Inc. of North Liberty, Iowa has submitted the lowest responsible bid
of $374,126.65 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to L.L.
Pelling Co., Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, ins. urance certificates, and contract compliance
program statements.
Passed and approved this 6th day of ^pti1 ,20 04
Approved by
CITY CLERK City Attorney's Office
It was moved by Vanderhoef and seconded by l~il burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
pweng/res/04asphalt.doc
ADVERTISEMENT FOR BIDS
2004 ASPHALT RESURFACING PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 30th day of March, 2004, or at a later
date and/or time as determined by the Director of
Public Works or designee, with notice of said later
date and/or time to be published as required by
law. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project. Pro-
posals will be acted upon by the City Council at a
meeting to be held in the Emma J. Harvat Hall at
7:00 P.M. on the 6th day of April, 2004, or at such
later time and place as may be scheduled.
The Project will involve the following:
2521 tons of asphalt, 11,832 sq. yards of
pavement milling, 288 feet of PCC curb and
gutter replacement, chip sealing and related
work.
All work is to be done in strict compliance with
the plans and specifications prepared by the City
of Iowa City Engineering Division, which have
heretofore been approved by the City Council, and
are on file for public examination in the Office of
the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring 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 following award
of the contract, 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 hundred
AF-1
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, 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 Council.
The following limitations shall apply to this
Project:
Liquidated Damages (all Divisions): $200/day
Division # 1: Iowa City Streets - Asphalt Overlay
Early Start Date: June 7, 2004
Late Start Date: June 28, 2004
Working Days: 20
Division # 2: City Park Paving
Early Start Date: April 5, 2004
Completion Date: May 1,2004
OR
Early Start Date: July 6, 2004
Completion Date: August 7, 2004
Division # 3: Cemetery
Early Start Date: June 7, 2004
Late Start Date: June 28, 2004
Working Days: 15
Division # 4: Chip Seal
Early Start Date: July 6, 2004
Completion Date: August 28, 2004
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 the City Engineer of Iowa City, Iowa,
by bona fide bidders.
A $10 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
TREASURER OF THE CITY OF IOWA CITY,
IOWA.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242~4721 and the iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
AF-2
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 Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
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
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-3
~p,ql ~ ,2004
The City Council of Iowa City, Iowa, met in re§ul ar session, in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 o'clock P.M., on the above date.
There were present Mayor Lehman , in the chair, and the following named
Council Members:
Baile,¥~ Champion~ Elliott, Lehman~ O'Donnell~
Vanderhoef, Wilburn
Absent: None
-1-
Council Member Vanderhoef introduced the following Resolution
entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF NOT
TO EXCEED $5,045,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2004A, NOT TO EXCEED $11,395,000 GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2004B AND NOT TO EXCEED $16,385,000 SEWER REVENUE
REFUNDING BONDS, SERIES 2004, and APPROVING ELECTRONIC BIDDING
PROCEDURES" and moved its adoption. Council Member Champi on
seconded the Resolution to adopt. The roll was called and the vote was,
AYES: Lehman, 0'Donnell, Vanderhoef~ Wilburn,
Bailey~ Champions Elliott
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 04-105
RESOLUTION DIRECTING THE ADVERTISEMENT FOR
SALE OF NOT TO EXCEED $5,045,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2004A,
NOT TO EXCEED $11,395,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2004B AND NOT TO
EXCEED $16,385,000 SEWER REVENUE REFUNDING
BONDS, SERIES 2004, AND APPROVING ELECTRONIC
BIDDING PROCEDURES
WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of
refunding outstanding general obligation indebtedness of the City, an essential corporate
purpose project, and it is deemed necessary and advisable that the City issue general
obligation bonds for said purpose to the amount of not to exceed $16,440,000 as
authorized by Section 384.25 of the City Code of Iowa to be issued in two series in the
amount of not to exceed $5,045,000 General Obligation Refunding Bonds, Series 2004A
and not to exceed $11,395,000 General Obligation Refunding Bonds, Series 2004B; and
WHEREAS, pursuant to notice published as required by Section 384.25 this
Council has held a public meeting and hearing on March 16, 2004, upon the proposal to
institute proceedings for the issuance of the above described bonds, and all objections, if
any, to such Council action made by any resident or property owner of said City were
received and considered by the Council; and it is the decision of the Council that
-2-
additional action be taken for the issuance of said bonds, and that such action is
considered to be in the best interests of said City and the residents thereof;
WHEREAS, it is deemed necessary and advisable that the City of Iowa City,
Iowa, should issue its Sewer Revenue Bonds to the amount of not to exceed $16,385,000,
as authorized by Section 384.83 of the City Code of Iowa, for the purpose of providing
funds to pay costs of refunding outstanding sewer revenue indebtedness of the City, and
WHEREAS, pursuant to notice published as required by Section 384.83 of the
City Code of Iowa, public meeting and hearing was held on March 16, 2004, upon the
proposal to institute proceedings for the issuance of the above described bonds, and all
objections, if any, to such action made by any resident or property owner of said City
were received and considered; and, it is the decision of this governing body that
additional action be taken for the issuance of said bonds, and that such action is
considered to be in the best interests of said City and the residents thereof
WHEREAS, the Council has received information from its Financial Consultant
evaluating and recommending the procedure hereinafter described for electronic,
facsimile and internet bidding to maintain the integrity and security of the competitive
bidding process and to facilitate the delivery of bids by interested parties; and
WHEREAS, the Council deems it in the best interests of the City and the residents
thereof to receive bids to purchase such Bonds by means of both sealed and electronic
internet communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the receipt of electronic bids by facsimile machine and through the
PARITY® competitive bidding system described in the Notice of Sale are hereby found
and determined to provide reasonable security and to maintain the integrity of the
competitive bidding process, and to facilitate the delivery of bids by interested parties in
connection with the offering at public sale.
Section 2. That the Finance Director and/or City Clerk is hereby directed to
publish notice of sale of said bonds at least once, the last one of which shall be not less
than four clear days nor more than twenty days before the date of the sale. Publication
shall be made in the "Press-Citizen", a legal newspaper, printed wholly in the English
language, published within the county in which the bonds are to be offered for sale or an
adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and
shall state that this Council, on the 20th day of April, 2004, at 7:00 o'clock P.M., will hold
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a meeting to act upon bids for said bonds, which bids were previously received and
opened by City Officials at 12:00 o'clock Noon on said date. The notice shall be in
substantially the following form:
PASSED AND APPROVED this 6th dayof April ,2004.
Mayor
City C~erk
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Publish 4/12
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Refunding
and Sewer Revenue Refunding Bonds of the City of Iowa City, Iowa, will be received at
the office of the City Clerk, in the City of Iowa City, Iowa (the "Issuer") at 12:00 o'clock
Noon, on the 20th day of April, 2004. The bids will then be publicly opened and referred
for action to the meeting of the City Council in conformity with the TERMS OF
OFFERING.
The Bonds: The bonds to be offered are the following:
GENERAL OBLIGATION REFUNDING BONDS, SERIES
2004A, in the maximum principal amount of $5,045,000;
GENERAL OBLIGATION REFUNDING BONDS, SERIES
2004B in the maximum principal amount of $11,395,000
and SEWER REVENUE REFUNDING BONDS, SERIES
2004 in the maximum principal amount of $16,385,000,
to be dated May 15, 2004 (collectively the "Bonds").
Manner of Bidding: Open bids will not be received. Bids will be received in any of the
following methods:
· Sealed Bidding: Sealed bids may be submitted and will be received at the
office of the Finance Director, Iowa City, Iowa
· Electronic Intemet Bidding: Electronic intemet bids will be received at the
office of the Finance Director, Iowa City, Iowa. The bids must be
submitted through the PARITY® competitive bidding system.
· Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Iowa City, Iowa. Electronic facsimile
bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
Finally, electronic intemet bids will be accessed and announced.
Sale and Award: The sale and award of the bonds will be held at the Emma J.
Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock
P.M.
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form, which is incorporated by reference as a part of this notice. The
Official Statement may be obtained by request addressed to the Finance Director, City
Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or
the City's Financial Consultant, Public Financial Management, Inc., 650 Third Avenue
South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 338-3535.
Terms of Offering: All bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said bonds will be sold subject to the opinion of
Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their
opinion will be furnished together with the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the extent necessary to issue their opinion
as to the legality of the bonds, the attorneys will not examine or review or express any
opinion with respect to the accuracy or completeness of documents, materials or
statements made or furnished in connection with the sale, issuance or marketing of the
bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa. s/Marian K. Karr, City Clerk
City Clerk of the City of Iowa City, Iowa
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Refunding
and ~ewer Revenue Refunding Bonds of the City of Iowa City, Iowa, will bo;received at
the olive of the City Clerk, in the City of Iowa City, Iowa (the "Issuer") 3~t~2:00
o'clock
Noon, o~xthe 20th day of April, 2004. The bids will then be publicly o~ned and referred
for action t~the meeting of the City Council in conformity with the T/ERMS OF
OFFERING'~'~ /
be offered are the following://
OBLIGATION REFUNDING B,.~)NDS, SERIES
2004A, in maximum principal amount Ol~ $5,045,000;
GENERAL SERIES
2004B of $11,395,000
and SEWER REFUNDI BONDS, SERIES
2004 in the maximum of $16,385,000,
to be dated May the "Bonds").
/
Manner of Bidding: Bids will be received in any of the
/
following methods: /
/
· Sealed Bidding: ~, submitted and will be received at the
office of the Finance] Iowa
· Electronic InterneV~idding:
office of the Fin, a/nce Director, The bids must be
submitted thro/dgh the bidding system.
Electronic,~acsimile Bidding: Electronic received at
the offic~bfthe Finance Director, Iowa City, Electronic facsimile
bids wilt be sealed and treated as sealed bids.
Considera,~ibn of Bids: After the time for receipt ~xassed, the close of
sealed bids wil!j0e announced. Sealed bids will then be publicly open' ,d and announced.
Finally, elec~ghic internet bids will be accessed and announced.
Sale and Award: The sale and award of the bonds will be held. at theXt~mma J.
Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:~0 o'clock
P.M.
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form, which is incorporated by reference as a part of this notice. The
Official Statement may be obtained by request addressed to the Finance Director, City
Hall, 4t,0 E. Washington Street, Iowa City, Iowa 52240, Telephone: (3 i 9) 356-5052; or
the City*s Financial Consultant, Public Financial Management, Inc,, 650 Third Avenue
South, Suite 1800, Minneapolis, MN 55402, Telephone: (612) 3,38-3535.
Terms of~Dffenng: All b~ds shall be in conformity vnth and the sale shall be in
accord with the ~s of Offenng as set forth m the Offielal Statement.
Legal Op~mon.~,,Said bonds will be sold subj,e,.e't to the opinion of
Ahlers & Cooney, P.C.~Attomeys of Des Moines~,Jowa, as to the legality and their
opinion will be fumished'tpgether with the print, e~l bonds without cost to the purchaser
and all bids will be so conditioned. Except to the extent necessary to issue their opinion
as to the legality of the bondS~,the attorneys will not examine or review or express any
opinion with respect to the acc'U~racy or completeness of documents, materials or
statements made or furnished in'~,onnecti0n with the sale, issuance or marketing of the
bonds.
Rights Reserved: The right is~eserved to reject any or all bids, and to waive any
irregularities as deemed to be in the be~interests of the public.
By order of the City Council of the"l~,ity of Iowa City, Iowa. \
City Cler~,~of the City of Iowa City, Iowa
PGOODRICI~406945\l \10714.083 (End of Notice) ~
Prepared by: Andy Matthews, Assistant City Attorney; 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-106
RESOLUTION AUTHORIZING INDEMNIFICATION FOR PUNITIVE
DAMAGES CLAIMED IN A LAWSUIT BROUGltT AGAINST CITY
EMPLOYEE DEREK FRANK IN CONNECTION WIT}I HIS INVESTIGATION
OF A CAR ACCIDENT AND SUBSEQUENT ARREST OF INDIVIDUAL.
WHEREAS, Marie Taylor filed a federal lawsuit against Police Officer Derek Frank alleging
civil rights violations in connection with an arrest of the plaintiff on the charge of Operating
While Intoxicated; and
WHEREAS, pursuant to Section 670.8 of the Iowa Code, the City has the duty to defend and
indemnify said employee in this action, although such duty does not apply to awards of punitive
damages; and
WHEREAS, the City's review of the above-referenced lawsuit and incident has disclosed no
action or inaction that would amount to noncompliance with police department policy, nor
anything that would amount to willful and wanton disregard for the rights of the plaintiff; and
WHEREAS, the City's review of the above-referenced lawsuit and incident has disclosed no
divergent interests which would require hiring a separate attorney for the City employee
defendant; and
WHEREAS, the City may have insurance that covers any punitive damages assessed against the
employee in this action; and
WHEREAS, because the employee faces this claim for punitive damages merely due to his
employment and not, in the City's estimation, due to any willful and wanton disregard for the
rights of the plaintiff, and because, in the City's estimation, there exists no divergence of interests
requiring hiring a separate attorney for the employee defendant, it is in the public interest to
indemnify him for punitive damages.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City shall indemnify the employee sued in the case of Taylor v. Frank, et al against
punitive damages to the extent that such damages are not covered by insurance.
2. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City
Clerk to attest any agreements or documentation necessary in connection with such
indemnification.
Pas
d apsed~.~~il,__^.T .~..~~ 2004. Approved by:
City Clerk
Resolution No. 04-106
Page 2
It was moved by Vanderhoef and seconded by F11 iott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
× O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-107
RESOLUTION RATIFYING THE SE'I-I'LEMENT OF PENDING LITIGATION,
WHEREAS, Caroline Bennett and George E. Bennett filed a lawsuit against the City of Iowa City
for injuries and damages they sustained resulting from an incident that occurred on April 11, 2002
on an Iowa City Transit bus; and
WHEREAS, all padies in this matter have settled their differences, and wish to resolve the
pending litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Caroline
Bennett and George E. Bennett in the amount of $90,000 in full satisfaction of any and all claims
they may have against the City in the above matter, and in consideration of Caroline Bennett's
and George E. Bennett's full release.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above named litigation should be and is hereby settled, and said settlement previously
discussed in executive session, is hereby ratified, for the total sum of $90,000, payable to
Caroline Bennett and George E. Bennett and their attorney of record, in full satisfaction of any
and all claims.
2. City Council for the City of Iowa City hereby approves such settlement as being in the best
interest of the City of Iowa City and the padies involved, ratifies said settlement as provided by
law, and confirms that said settlement is hereby ratified, contingent upon Caroline Bennett's
and George E. Bennett's execution of an appropriate release.
Passed and approved this 6th day of April, 2004.
Approved by
CiTY~-~ERK ' City Attorney's Office
It was ~ampion and seconded by 0' Donne~~ution be
adopted, and upon roll
AYES: NA~ ABSENT:
X ~ Champion
' ~ Kubby
N orto-fl'--..,~
O'Donnell ~
.~ Thornberry ~
Vanderhoef ~
Resolution No. 04-].07
Page 2
It was moved by £hampinn and seconded by n' nnnnpl 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
× Champion
X Elliott
X Lehman
× O'Donnell
X Vanderhoef
× Wilburn