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HomeMy WebLinkAbout1996-04-09 ResolutionRESOLUTION NO, 96-80 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 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: Golden Oldies - 1910 S. Gilbert Street It was moved by Lehman and seconded by as read be adopted, and upon roll call there were: Thornberry that the Resolution AYES: NAYS: ABSENT: X X X X X X Passed and approved this 9TH day of April Baker Kubby Lehman Norton Novick __ Thornberry Vanderhoef , 19 96 . CITY'~LERK Approved by . ' ' ttornev's Office ~danceprm.res Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-81 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, ~pecifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 23rd day of April, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of 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 9th day of Apr1 ] ,1996. ATTEST: ~ CIT~'CLERK MAYOR I,AI O ResoluTion No. 96-81 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry AYES: NAYS: ABSENT: X X Baker __ Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Prepared by: Liz Osborne, CD Division, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 96-82 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR REHABILITATION OF THE PROPERTY LOCATED AT 226 ORCHARD COURT, IOWA CITY, IOWA WHEREAS, on October 7. 1986, the property owner of 226 Orchard Court executed a Promissory Note in the form of a seven year Declining Balance Loan for the amount of 916,775 through the City's Housing Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on October 7, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 226 Orchard Court, Iowa City, Iowa, from an obligation of the property owner to pay to the City the t~16,775 which was recorded in Book 888 Pages 178 thru 180 of the Johnson County Recorder's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 9th day of April ,1996. ATTEST:ciT~ ~' MAYOR App~roved by ~ . City Attorney's Office Resolution No.96-82 Page 2 It was moved by I ehman and seconded by adopted, and upon roll call there were: Thornberr~he Resolution be AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division. 410 E. Wachington St.. Iowa C~ty, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 226 Orchard Court, Iowa City, Iowa, and legally described as follows: The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the northeast corner of Lot 10, BIk. 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning, subject to easements of record. Also an easement for ingress and egress to West Benton Street over property and rights of way owned by grantors, said easement to cease and terminate when another public street is opened to the said property, from an obligation of the property owner, Annie M. Anderson, to the City of Iowa City in the principal amount of $16,775 represented by a Promissory Note in the form of a seven year Declining Balance Loan recorded on October 15, 1986, in Book 888, Pages 178 thru 180 in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. ATTEST: /--~-~..~..~ ~. ,/-~-t~ CITY CLERK Appr,,gved by~ City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of ~1~¢';~/ , A.D. 19 ~'~. , before me, the undersigned, a Notary Public in and for said [,ounty, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority~f its City Council, as contained in Resolution No. _ ~&"~, adopted by the City Council on the ~ ~ day ,~;.~ , 19_.~¢, and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,,~,.hab~2~6~,~,~ Notary Public in and for Johnson County, Iowa RESOLUTION NO. 96-83 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WALDEN WOOD, PART 9. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer improvements for Walden Wood, Part 9, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this 9th day of Apri 1 ,1996. ClT~}~CLERK MAYOR Approved by Off~_ ~-~ It was moved by Lehman and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY July 11, 1995 Honorable Mayor and City Council Iowa City, Iowa RE: Walden Wood, Part 9 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Walden Wood, Part 9 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely .... Richard A. Fosse, P.E. City Engineer Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252 RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN BY INCORPORATING AN AMENDIViENT TO THE JCCOG ARTERIAL STREET PLAN WHICH ADDS THE EXTENSION OF OAKDALE BOULEVARD BETWEEN FIRST AVENUE CORALVILLE AND COUNTY ROAD W-66. WHEREAS, the City of Iowa City participates in the planning of the arterial street system in the Iowa City Urbanized Area through the Johnson County Council of Governments (JCCOG); and WHEREAS, the City of Iowa City has acknowledged the JCCOG Arterial Street Plan as the appropriate mechanism for the planning of arterial streets in the Iowa City Urbanized Area by formally adopting said Arterial Street Plan as a major element of Iowa City's arterial street planning components of the Iowa City Comprehensive Plan; and WHEREAS, the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66 was unanimously approved for inclusion in the JCCOG Arterial Street Plan at the March 27, 1996, meeting of the JCCOG Urbanized Area Policy Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended by approving the amendment to the JCCOG Arterial Street Plan which includes the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66, and said JCCOG amendment is hereby incorporated into the Iowa City Comprehensive Plan as an amendment thereto. The City Council hereby states that the action taken in this Resolution does not obligate the City of Iowa City to future annexation of this area. Nor does this action obligate the City of Iowa City to extend utilities unless said extensions are otherwise merited independent of this Resolution. Resolution No. Page 2 Passed and approved this day of ,1996. ATTEST: CITY CLERK tt was moved by adopted, and upon roll call there were: MAYOR and seconded by Approved by City Attorney's Office ~- ~ the Resolution be AYES: NAYS: ABSENT: Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner. 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 96-84 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WOODLAND RIDGE, PART ONE, JOHNSON COUNTY, IOWA, WHEREAS, the owner, Jeffrey L. Maxwell, filed with the City Clerk of Iowa City, Iowa, an application for approval of the extraterritorial preliminary plat of Woodland Ridge, Part One, Johnson County, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the extraterritorial preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the extraterritorial preliminary plat conforms with all of the requirements of the City Codes as well as the requirements of the State Code of Iowa (1995). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The extraterritorial preliminary plat of Woodland Ridge, Part One, Johnson County, Iowa, is hereby approved. e The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed ,,,,,, ,pp.,,ved thin 9th day of Apri] ,1996. MAYOR Approved by Office Resolution No. 96-84 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thn~-nhpm-.y the Resolution be AYES: NAYS: ABSENT: X X X X T Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Item: SUB96-O003. Woodland Ridge, Part One Preliminary (Previously Southridge Place) GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: Prepared by: Scott I(ugler Date: February 15, 1996 Jeffery L. Maxwell 29 Commercial Drive Iowa City, IA 52246 Phone: 354-5858 MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Preliminary plat approval To create a 20-lot, 55.95 acre residen- tial subdivision East side of Dane Road at its inter- section with Osage Street 55.95 acres Vacant; County RS, Suburban Residential North: Agricultural, RS; East: Highway 218, RS; South: Agricultural. A1; West: Agricultural, RS. This area is not addressed in the Com- prehensive Plan or the Fringe Area Agreement. It was formerly within the Hills extra-territorial review area, but is now subject to review by Iowa City as a result of a 28E agreement negotiated last year. Chapter 14-7, Land Subdivisions January 25, 1996 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: March 11, 1996 This property lies outside of the City's growth area, indicating that it would be difficult to sewer this area. Police protection would be provided by Johnson County, and fire protection would be provided by the City of Hills. No Iowa City transit routes serve this area. Approximately the west one-third of this property, containing most of the proposed lots, is relatively flat. The eastern portion of the property contains a series of ridges and deep wooded ravines. BACKGROUND INFORMATION: The applicant, Jeffery L. Maxwell, is requesting preliminary plat approval of Woodland Ridge Subdivision, Part One (previously named Southridge Place), a 20-lot, 55.95 acre residential subdivision located on the east side of Dane Road at its intersection with Osage Street. This property is zoned RS, Suburban Residential. The plat also contains two outlots designated as common open space. Lot 20 is intended to be resubdivided for future development at a later date. ANALYSIS: The plat contains some deficiencies that must be addressed prior to action by the Commis- sion. Staff recommends deferral until these items are addressed. In addition, a Grading Plan is required due to the steep slopes present on the property, which must be approved prior to City Council consideration of the plat. Design Standards: This area is not addressed in either tho Comprehensive Plan or the Fringe Area Agreement. Prior to last year, the City of Hills had review authority over this area due to the fact that the CRANDIC railroad, located to the east of this site along S. Riverside Drive, is located within the Hills corporate limits. A 28E agreement reached last year between the two cities gives subdivision review authority for this area to Iowa City. Since the revised Fringe Area Agreement has been delayed for various reasons, there is no adopted policy to guide decisions on development items in this area. The 28E agreement with Hills states that the City may require the same or a lessor standard of review used for approval of subdivisions within the corporate limits. This site is already zoned residentially and therefore residential use of this property is permitted. However, a decision must be made as to whether or not full City Urban Design 3 standards should be applied to this site. This site lies outside of the City's growth area boundaries, and therefore, cannot be easily served by City water and sewer. Adjacent properties could be served by these services at some point in the future, however, there are no short range plans to extend services to this area. It is possible that this property, being located adjacent to the City's growth area boundary, could someday be annexed into the City. Imposing full City standards raises a number of questions, however, and some of the standards may not be appropriate for this development. Since this area is not actually within the growth area boundaries, many of the standards may be unnecessary. Staff recommends that City Rural Design standards be enforced for this subdivision based on the following information: The cul-de-sac shown on the plat has already been constructed and consists of a concrete surface with curb and gutter, but is only 25 feet wide. City Urban Design standards require 28 feet, and City Rural Design standards require only 22 feet with no curb and gutter. Given the size of the development and the fact that it has already been constructed and will be more durable than typical streets in county subdivisions, the existing street seems adequate in this situation. The storm sewers that were installed when the street was built do not meet City standards. However, the Engineering Division feels that the existing situation is better than a typical county subdivision which utilizes roadside ditches. Due to the lack of existing pedestrian destinations, such as a park, bus stop, or neighborhood commercial development, and no plans to develop such facilities in the foreseeable future, staff feels it is not necessary to require the installation of sidewalks in this instance. A storm water management easement is provided on the plat for a portion of the subdivision, however, construction of the basin is not required at this time. If the property is ever annexed or resubdivided, construction of the basin can be required if necessary. Lots 1 through 9 do not drain to a City watershed and therefore no storm water management is required for that area. Future Development on Lot 20: The preliminary plat contains a large lot (Lot 20) that is intended for future development. Earlier versions of the plat contained a concept plan indicating the possible future development of this area. The concept plan included an extension of the existing cul-de-sac to the east to accommodate development on the next ridge, which would involve crossing two ravines and would result in a cul-de-sac approximate- ly 2,500 feet in length (see attached). The current length of the roadway is approximately 1,5OO feet. Staff had some concerns about the design of the future development area and requested that the concept be removed from the plat. In order to provide secondary access for both this development and the property to the north, staff recommends that future development on Lot 20 include a roadway stubbing to the north to the east of Lot 19, which could be continued into the adjacent property when it is subdivided. The remaining ridge to the east could also be accessed from the property to the north to avoid extensive filling of the ravine in this area. Staff would not support extending the cul-de-sac any longer than the existing roadway with no provisions for secondary access given the topography and the impact of the roadway on the ravines on the site. This issue will have to be addressed when the preliminary plat for the future development of Lot 20 is submitted. Septic System Limitations: Lots 16, 17, and 18 contain limited building areas due to steep slopes. The County Health Department is evaluating the feasibility of installing septic systems on these lots. Representatives from the Health Department have indicated that it is unlikely that a recommendation will be available prior to the Commission's consideration of the plat, but will likely be available for consideration by the County's Zoning Commission. Open Space: The plat contains two outlots labelled as common open space. The legal papers at the time of the final plat should tie the maintenance of these areas to a homeowners association. Dane Road Right of Way: Since it may be a future City arterial street, a 40 foot half right of way is being dedicated along Dane Road at the west edge of the subdivision. In addition, the plat contains a note prohibiting access to Lots 1, 4 and 5 from Dane Road. STAFF RECOMMENDATION: Staff recommends that SUB96-0003, an application for preliminary plat approval of Southridge Place, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval, subject to the approval of a Grading Plan prior to Council consideration of the plat. DEFICIENCIES AND DISCREPANCIES: 1. Woodridge Circle should be renamed due to the existence of another street with similar name (Woodridge Avenue). 2. Existing utilities along Dane Road and Osage Street should be shown. 3. Easements must be shown for storm sewer culverts located outside of the right of way and the well (the well easement is shown on Lot 7, but not labelled). 4. Final approval of the revised plat by Public Works is needed. ATTACHMENTS: 1, Location Map. Preliminary Plat. Initial Plat Submittal Showing Concept Plaguing. lopmerit Area. Approved by: I_(arin franklin, Director" Department of Planning and Community Development pPdadm[n~s[frep~ub9503.S~ LOCATION MAP WOODLAND F~DGE, PAF~T 'i I .Z-Z7 77//Z 7/7 77 WOODI~AXD Prehm]narv Plat RIDGE SUBDIVISION, Johnson County. Iowa PART ONE Preliminary Plat SOUTHRIDGE PLAC~J Johnson County, Iowa Prepared by: Scott Kugler, Associate Planner. 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO, RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS, PARTS THREE AND FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Ltd., filed with the City Clerk of Iowa City, iowa, an application for approval of the preliminary plat of Galway Hills, Parts Three and Four; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of both the City Code and with the State Code of Iowa (1995). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Galway Hills, Parts Three and Four, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval as provided by law. Passed and approved this day of ,1 996. ATTEST: CITY CLERK MAYOR Approved by Oity Attorney s Offic,~_ Prepared by: Scott Kugler To: Planning & Zoning Commission STAFF REPORT Item: SUB95-0032. Galway Hills, Pt. 3 & 4 Date: January 18, 1996 GENERAL INFORMATION: Applicant: Dav-Ed Ltd. 317 N Seventh Avenue Iowa City, IA 52240 Phone: 354-0581 Contact person: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested action: Preliminary plat approval Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: To allow a 27.77 acre, 78-1ot residen- tial subdivision South of Galway Drive, east of High- way 218 27.77 acres Vacant, RS-5 North: Single-family residential, RS-5; East: West High School, P; South: Highway 218; West: Highway 218 Comprehensive Plan: Residential, 2-8 dwelling units per acre Applicable Code requirements: Chapter 7, Land Subdivisions; Section 14-6D-2, Low Density Single-Family Residential Zone (RS-5) File date: December 28, 1996 45-day limitation period: February 12, 1996 BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd., is requesting preliminary plat approval of Galway Hills, Parts Three and Four, a 27.77 acre residential subdivision consisting of 78 lots and two outlots. The property lies south of Galway Hills, Parts One and Two, and east of Highway 218. This property is roughly the same area for which a request was recently submitted to rezone property to RS-8, Medium Density Single-Family Residential, but was withdrawn prior to any action by the Commission. The applicant now intends to subdivide the property under its current zoning classification of RS-5, Low Density Single-Family Residential. ANALYSIS: The preliminary plat contains one deficiency which should be addressed prior to action by the Commission. Due to the presence of a stream corridor (Willow Creek) and steep slopes on the property being subdivided, a Grading Plan and a Sensitive Areas Site Plan are also required, and must be approved by staff prior to City Council consideration of the plat. Both have been submitted and are currently under review. Secondary Access: Approval of this plat will result in 141 lots being served by a single access point along Galway Drive at Melrose Avenue. However, because Galway Drive is a collector street, this falls well below the traffic threshold of 2,500 vehicles per day for requiring secondary access to be provided based on the City's secondary access policy. Within the interior of the subdivision, all points of single access on local streets (and potential points of single access if the streets in one part are completed before the other) meet the secondary access policy in terms of the traffic generated (less than 500 vehicles per day). The proposed plat appears to meet the City's secondary access policy. However, staff recommends that secondary access be required for any future phases of this development. Although the secondary access policy is met by this plat design, Tipperary Road as proposed would be a long dead end road (1,300 to 1,400 feet long) - a situation that could possibly exist for many years. The plat includes a temporary turnaround at the end of Tipperary Road to allow emergency vehicles, service vehicles, and motorists who unknowingly turn down the dead end roadway to turn around. When the roadway is extended in the future and the dead end situation no longer exists, the turnaround can be removed. Public Works and the Fire Marshall are fewewing the plat to determine whether the turnaround is adequate for emergency and service vehicles. Staff hopes to have th~s ~ssue resolved before Thursday's formal meeting. Neighborhood Open Space: The proposed plat contains two outlots, both containing stormwater management easements. The southernmost outlot, Outlot 3, is also the site of a trail that the City plans to construct along Willow Creek. This development is obligated to provide six acres of dedicated public open space based on a Conditional Zoning Agreement attached to a past rezoning of a portion of this property. The Parks and Recreation Commission had reviewed a concept plan for this development in the past and recommended that open space be accepted at the south end of the property along Willow Creek, and near the northeast corner of the property. Outlot 3 is in an area that could be accepted as dedicated open space and credited toward the six acre requirement, but lacks the street frontage required by City Code for dedicated open space, and, depending on the design of the stormwater basin, may not be useable open space as required by code. The applicant has indicated on the plat that a connecting trail between Tipperary Road and the proposed Willow Creek Trail will be constructed as part of the next phase of this development if the City's trail is in place at that time. The applicant is apparently concerned about constructing a trail to "nowhere" at this time when funding for the City's trail has not yet been guaranteed. In staff's opinion, a trail access from Tipperary Road south at least to the south end of Lot 92 should be required at this time in order to make the dedicated land accessible to the public, a requirement of the Neighborhood Open Space provisions of the Subdivision Ordinance. The extension of the trail from this point south to the Willow Creek trail could either be required as part of the next phase of the subdivision, or money for its construction could be held in escrow for a reasonable period of time, to be used for construction at such time as the Willow Creek trail is constructed. More information about the stormwater management facility being proposed on Outlot 3 is needed to determine whether or not it meets the requirements for useable public open space. Dry bottom detention basins can be accepted as neighborhood open space if it is determined that the area is useable as recreation space most of the time. Staff hopes to have more information on this issue at Thursday's formal meeting. This information will be forwarded to the Parks and Recreation Commission for review to determine whether the proposed dedication should be accepted. Outlot 2 is occupied mainly by a stormwater management easement and a hillside. Due to its topography, this area was not recommended as public open space by the Parks and Recreation Commission. It will remain as private open space maintained by a homeowners association. STAFF RECOMMENDATION: Staff recommends that the preliminary plat for Galway Hills, Parts Three and Four, be deferred pending resolution of the deficiency listed below. Upon resolution of this item, staff recommends approval. DEFICIENCIES AND DISCREPANCIES: It is not clear on the plat where Part Three ends and Part Four begins. This needs to be clarified on the plat. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat, Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATOON SUB~5-00;5~ GALWAY HILLS PRFUMONARY PARTS THR~E & PLAT FOUR ~ELROSE A~ HUNT[RS RUN '~EST HIGH SCHO0~ C:\ W0RKING\SUBDIV~95-32 BEST DOCUMENT AVAILABLE '5/7"/ 'Z77 ? 77 //77': BEST DOCUMENT AVAILABLE & FOUR CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMOl~ANDUM TO: FROM: DATE: RE: Scott Kugler, Planner Terry Trueblood, Parks & Recreation Director February 15, 1996 Galway Hills Subdivision In view of the developer's proposed changes to the Galway Hills subdivision (parts 3 and 4), the Parks and Recreation Commission revisited the open space issues for this area, at their meeting of February 14, 1996. The Commission decided not to change their official position as voted on at their meeting of March 1, 1995. The motion at that time, which passed unanimously, was "...to accept the northeast and south parcels for the purpose of constructing a trail on the east border to connect the two parcels, and to obtain from the developer additional land for open space that is flat, above the high water mark, and contiguous to the south parcel." The parcels referred to are identified on the pre-preliminary plat dated 2-2-95. On this plat, the northeast parcel shows 2.56 acres of open space, and the south parcel shows 5.15 acres of open space. In discussing this issue last night, the Commission recognized that it would be beneficial to the subdivision residents if a neighborhood park could be centrally located within the subdivision. However, when considering neighborhood open space locations, the Commission looks at the entire district, and not just the subdivision. For this district, the south parcel is somewhat centrally located, is an important segment of the proposed Willow Creek Trail, and provides possibilities for future parkland expansion. If you need further information, or if anyone would like to discuss this in greater detail with the Commission, please feel free to contact me. ~/~ The following materials regarding this item were submitted by neighboring property owners or other Interested persons, Dale and Mary R~man 28 Galway Place Iowa City, IA 52246 Lea Supple, Zoning and Planning 2010 Grantwood Iowa City, IA 52240 Dear Lea Supple, Wc want to express our c. onc~rns regardin8 the submi~d phl~ from Mr. Dave Cal~, for Galway Parts 3 and 4, to 1~ discussed at public heating.lanuary 25, 1996. The three top maps axe included to show the progression of layout changes in as short a period as one year. We world like you to spedfically look at the new road from Killarney to Tiporary where the new lots back up to Part I. As owners of property in Part l, wc see the changes as drastic and unnecmssary. When we bought here in the summer of 1994, wc werc led to believe this suMivision would devclop into more of the same housing with usable open space set aside. We are not seeing any accountability for the misleading current sign at the entranc~ to Part 1, or to the maps and plans available which we based our derision upon. Our lot #30, colored in on the top map, went from THREE appropriately angled adjacent Iot~ on our blgk lot line to SEVEN back lots artsled like rays from our proper~y. (map 3). The last map is by no means professionally drawn, however, it shows no change to Part 3 along 218 and suggests there are possible acceptable solutions for ds neighborhood. With a slight decrease in total number of lots (-two) for Parts 3 and 4, much can be done to beautify that area by allowing open space and preserving many beneficial and attractive trees, thus making it more desirable for past and future buyers and also fififilllqg some required needs ofthc subdivision. We feel this would benefit the development and the developer and tried to speak to Mr. Cabill ourselves, however, he was not interested and told us to take it up at the hearing. Please review this information and contact ns with any questions or suggestions. Our phone is 337-7634. We ask that you defer any approval of the platt until a thorough discussion of ILLfiLliP?Ill FOLLOWING IS ~ BEST DOCUMENT AVAILABLE ~9.04 ACRES RS-.5 TO RS.-8 LOCATION MAP DEVELOPMENT CONCEPT/ORiENTATiON PL.~N' GALWAY HILLS SUBDiViSiON ,~.... IOWA CITY, IOW~.~. FOLLOWING IS i1~ BEST DOCUMENT AVAILABLE I 1 v~:o o & FOUR Naomi J. Novick-Mayor 306 MuSlin Ave Iowa City, IA 52246 Dear Naomi Novick, There are several points that we want to bring to your attention concerning the pre 'lu~ainary plat for Galway parts 3 & 4, which comes before you on March 25th & 26th. 1. The plat does not incorporate green space for the 20 homes m part 1. I believe Patios & Rec'~ation is b~dsd by the bike trail project. We support the trail and are anxious to see it completed. however, does the trail need 3 acres ofswamp that is removed from ems~ag homes? The ~nal plats for par~ 3 & 4 can be approved on a foot by foot basis, so who's to say when or ira toad or sidewalks will lead to the lower comer and then the questien of when the city would develop it into a park ~o looms ove~ ~ whole project. What would be best for our city, an improved park maintained by w~ng homeowners or mowed weeds which may not be improved in our life~me? 2. The addition of Par~ 2, 3 & 4 with a total of 141 lots, including the cu~ent 39, would dramatically increase the traffic, yet we and our children would have to share the roadway, as we walk to buses, school or wherever, with cars and co~-~auction vehicles. Part I contains 39 lots, 16 of which are undeveloped and have no sidewalks. There would remain only one entrance into Galway Hills from Melrose Avenue. 3. Part of the reason for b~ this problem to your attention is to show what happens when p~l pht appmvah are allowed. Home buy~ have no pom'bility ofknowin§ what character a new subdivision will have. Our hornes are typically our latest and most nupo~tant investment. Most buyers were shown the only available concept plan for the area and many were ancoin'aged s~ongly with the same plan by the developer himself We all based our decisions on the informarian given to us. This is our ath home purchase,and we have never been made to feel so misled and betrayed. Part 3 included am'active cul de sacs, m part 4 the road configuratious are drastically changed, now 10 lots back onto 3 lots in part 1. The maps are included to show the progresston in layout changes in as short of period as one year. There are many fence line trees between pa.~ 1 & 4 but with the drastic changes they will be lost. The trees in our fence lines don't q~,~ti~y for protecuon, even so they could be incorporated into a park area or posiuoned at 'rite back oflo~s. We appreciate the value ofth~c I~r. us fu~ ~,~uti~,, noise con,ok ~ qual~' and wtldlifa habitat The opportumty to meld them into the plan for the subdivision is there and that action would be in keeping with Iowa City'a de.~ire to protect our beautiful landscape. They would also provide a buffer between the medium s~zed lots and the destred smaller loB. Our developer is not willing to madrote. He has told us to take our concerns up with you. Dec Norton voiced d~may last October thai neighborhoods are constantly having to battle and p~otect themselves ~om chics that various pames would like to make wtthin th~ surroundings Dick Gibson said at a P & Z meeting this $anuary, that approving sub plat~ within a .subdivision is a nustake ~nd leads to problems lane Jakobsen was between a rock and a hard place, knowm~ what we had anticipated when we purchased and how she would hnve to vote on the approval for parts 3 & 4. Othcra voiced that same op~on. We feel these issues are something City Council should g~ve serious consideration to If you have any questions about these maps or our letter please call us at 337-7634. We ask that time is t~ken so a thorough ~cussion of tins ~saue can occur. Thank you. Sincerely, ~ ../) ,... RIVER PROfiTS J~ 23,1996 40 C.~vay P~,e Iowa CRy IA ~2246 TO Mr. Tom Scott, Chahpel~n 419 E. Fnirdl~ Iowa City IA 52245 As a homeowner in th~ CaRlway Hill.~ area, I am writing to all ~h¢ Pla~t~g 8: Zoning Commiltee Sinera I will not !~ able to attend the Th~ night re,grins with the oth~ ~onoeme, d ngighbors, I would like to ,~press my concerns about a few' -t,x.~ms that should b~ re-evalmagd by tho eommi~on I ,~h to enoomage lhg Planning & Zo~. ~il~ to c, onsiRer ditf~'ent sotmio~ to the area desi~at~d as Otdol 2. ?~haps by eh,~ngi~ a minirotan of two lot li~ tt~e oould be a way ~o develop I r~ali~ ',tW ¢l~t~ i~ lot lines would slightly red~ the nu~lxx of hums !~g ~adt l~t also see this as a~ c~polmity to t~v~ te b~t~ of o~r 'Ifflsi& a~d n~l~x~l ~ and st~ havo ii Thank yo~ for yo~ oonsiderdlton. Mrs. Helen Ann Reed Iowa City Mayor Naomi J. Novick 306 Mullin Ave. Iowa City, IA 52246 3~21\96 Dear Mayor Novick, Regarding the Proposed Changes in Lot Sizes at Galway Hills Subdivision: In 1992 when we were t~ng to decide whether to buy a lot in Galway Hills Subdivision, I asked Dave Cahill what his plans were for the surrounding area. He showed me a large plat of Galway Hills Subdivision I - IV, and he pointed out that il will be all LARGE LOTS. He definitely used this as a selling point. We used this infomarion to help us decide to purchase oar lot and build our home. We feel that a developer should not be allowed to promise potential buyers one thing, and then change it so drastically. Thank you for your time and consideration, Bey mid Fred Jolflin 3517 Galway Court Iowa City, IA 52246 March 21, 1996 Mayor Naomi Novick 306 Mullin Iowa City, IA 52246 Dear Naomi Novick, I am writing this letter on behalfofmy wife and two daughters to voice our concern about the proposed change in lot sizes in Galway Hills subdivision that will come before you on March 26, 1996. As you know, Galway Hills Part I was platted in 1991 by DAV-ED LTD And billed as a large lot development In October of 1991 we purchased lot 31 to build our dream home. Prior to committing to a lot, I researched what was to happen in the rest of the development and was assured by Dave Cahill through the use of preliminary plats, that the development would be limited to larger lots and geared toward large homes. One area, near highway 218, might be a little denser or perhaps used for 0-lot lines. As a Realtor, I relied on this information to make the largest investment of my life. Since moving into our home in May of 1992, it seems as though we are always appearing before planning and zoning because of proposed changes to Galway Hills. Since a preliminary plat was approved, and it was relied upon heavily in ours and our neighbors decision making process, I'm asking you !'o deny Mr Cabills request to change the lot sizes for Parts III and IV. Thank you for your time and consideration. Sincerely, 16 Galway Place Iowa City, IA 52246 March 25, 1996 Iowa City Council Member City Hall Iowa City, IA 52240 RE: Future of Galway Hills Subdivision Dear ~'~Ld. '~,~7,,~7'~. We are writing this letter to express our concerns over the proposed changes in pad 3 and 4 of the Galway Hills subdivision. This is at least the second attempt by Cabill and Associates to change the plans for the surrounding area since we have moved to Galway Hills Part 1 in December 1994. If there isn't some comprehensive plan or vision finalized for the future of this area that we can all rely upon for more than a few months, we are going to continue to feel that the future of our neighborhood is in jeopardy. We feel betrayed. We clearly cannot continue to rely upon the representations of plats, realtors, and developers made when we decided to build a home and raise our family here. Despite the fact that Mr. Cabill has tded to have part 4 fezDeed to RS 8, and the area nexl to West High rezoned to commercial, his sign advertising ~Large Lot Development" still stands at the entrance to the entire subdivision, hoping perhaps to snare still unwa~ home buyers. Mr. Cabill proposes to replat part 3 and 4 to make substantially smaller lots than what was originally planned for the area. Although this size permits the building of homes which fit within the planned zoning, the dimensions of the lots will only allow the building of very narrow homes built close together. No cul de sacs are planned as in the original plat. No green space is allotted as promised. No additional entrances or exits are planned into the subdivision. No thought is given to making the neighborhood attractive. No tl~ought is given to the effect the increased density will have on an all ready ovemmwded school. All the increased traffic will be funneled past the existing homes, creating hazards for the children riding their bikes or walking their dogs. What is being planned does not appear to be well-thought out or attractively designed to appeal to potential buyers. What is clcar is that there is no plan and that Mr. Cabill is constantly changing his mind to maximize his profit. The City Council should once and for all put a stop to Mr. Cahitl's changes and hold him to what he has promised both the neighborhood and the city. Although Mr. Cabill has certainly not confided in any of the homeownem now living in Galway, his new "plan of the month" has clearly been formulated to maximize his profit with a minimal amount of work. Apparently the pre-existing "large lots" in Galway Part 1 are not selling. Rather than assume that the lots are not selling because of the CUlTeat economic market, Mr. Cahill should look to his own failure to make the area attractive to new buyers. Much larger lots and homes are selling like the proverbial hotcakes just across Melrose at Walnut Ridge. Other large lots are selling well in new subdivisions in Coralville and northeast Iowa City. We do not wish to interfere with Mr. Cahill's livelihood. We just want him to fulfill the promises he has made to this community and to this neighborhood. How about the promised green spaco? How about col de sacs? How about doing more to the area than simply mowing the weeds? What happens if his unattractive narrow homes still don't sell? Can he then have the area rezoned for a Quik Tdp? The City must hold Mr. Cabill to what he promised the neighborhood. The City must not allow developers to plan the city by default. Developers must be held to the plans and promises they make when they sell the land to home owners. Thought must be given to the impact of increased density on the schools and the traffic. When we chose to build our first home in Galway, we considered the school our children would attend. We looked at the plans for the neighborhood provided by our realtor. We looked at the traffic patterns. We looked at the surrounding areas. If the City allows Mr. Cabill to change his plans again and again, it is sending the message that the future of this city is in the hands of the developere and that people cannot be assured of their neighborhood, schools, and safety unless they buy the last house in an area. Given the rate at which this city is expanding, the problems we are experiencing in our neighborhood will not be unique These problems will come up again and again as this city grows. The City must come up with an effective method of dealing with issues such as !his. We ask the City to deny Mr. Cahill's plans to replat Galway 3 and 4 as proposed. Sincerely, Perfie a~.d Stanley Naides 64 Galway Drive March 21, 1996 Naomi Novick Mayor 306 Mullin Ave. 1owa City, 1owa 52246 Dear Mayor Novick, I ant writing to express my concerns about proposed changes to the Galway Hills Subdivision. In my opinion there are three major issues 1) developer misrepresentation which is supported by the practice of partial platting 2) safety and 3) the social capital of neighborhoods. 1. When we purchased our home in Galway Hills the developer specifically stated that the remainder of the development would be developed in the same manner as Part 1, which is described as "large lot", low density housing. He also described the setting aside of green space and efforts to make the development attractive. He used these as strong selling points and further stated that we could be assured of l~is commitment to the development because he planned to build a home and live in Galway Hills himselL We purchased our home based, in part, on these assurances. The practice of partial platting is antiquated and unethical. It provides a legal loophole for unscrupulous developers to make assurances that they know they will not be held accountable for. In fact, the sign at the entrance to Galway Hills still reads "large lot development" and thus the false promise continues to be perpetuated. l realize that the economy changes over time and developers want to protect their investment. New home construction in Galway Hills has proceeded much more slowly than anticipated, I am certain. However, the premise that large lots are not selling in 1owa City is somewhat erroneous. Across the street, in Walnut Ridge, new home construction is proceeding at a fairly rapid rate. The major difference to my eye is that of appearance of the development. Care has been taken to make Walnut Ridge an attractive and appealing environment. There are small pockets of green space scattered throughout the development with plantings and landscaping that make it appealing. Galway Hills developers have chosen to expend little money on the appearance and usability of the land, even though neighbors have expressed an interest and willingness to share in this endeavor. Galway Hills has a pond that could be landscaped and, when seen from Melrose Ave., would be an appealing advertisement for the development. Rather than capitalizing on the attributes of the land, the pond and existing stands of trees to make this a desirable and appealing housing development, the developer appears to have chosen to try for quick financial gain by building higher density housing at the rear of the development even though it compromises the current neighborhood and violates assurances given to residents. 2. The purpose of planning and development rs to identify desired outcomes and potential problems before new construction takes place. We purchased our home here because we wanted a low density housing development with minimum street traffic in order to provide for the safety of our children. The concept of placing higher density housing at the rear of a development is contrary to prudent or desirable developmeBt practices. With only one access onto Melrose Ave. the amount of traffic on Galway Dr. ~(~.uld be extraordinarily increased. Also, considering the fact that tl~q ~re no sidewalks i~ l~uch of the development, heavy construction vehicles for the scale of the proposed ~l~structio~ would present on unprecedented, mappropriate and needless dang0r to the childi:0rt 9I,Galway H/lJs. The nrember of the planning and zoning board that made the comment ~h~ Galway Dr. was wide enough to accommodate both children and heavy construction vehicles, dearly has no experience with either children or vehicles. Attention must also be paid to the issue of traffic congestion entering Melrose Ave. We witness minor traffic accidents, near-missss and incred~ly poor driving judgment at the Galway Hills/Melrose Ave. junction daily. The combination of interstate and county traffic, housing development and West High School traffic make this a hazardous intersect/an now. Greatly increasing the traffic will compound this exponentially. 3. "Social capital" defined by civic engagement, neighborhood and social "connectedness" and social trust that fosters an attitude of working together for the common good, is at an all-time low in the United States today. Our neighborhoods are the idea] place to begin rebuilding social capital. We moved to Galway Hills with good friends from our old neighborhood in order to begin building a new "neighborhood" instead of just a new "house". During the three years we have lived in Galway Hills we have worked, along with our neighbors, to establish a social network to ensure safety and foster a sense of "neighborliness". We started a neighborhood watch, engage in neighborhood parenting so that children are observed by other adults wherever they play in the neighborhood, have neighborhood barbecues in the summer and desserts and caroling in the winter, have neighborhood clean-up days and frequently assist one another when problems ar~se. Building higher density housing at the rear of the development, substantially increasing traffic, requesting approval for a Handimart and gas station (1 realize these were withdrawn) which would present tremendous safety concerns, an unwillingness to provide for appropriate, community- accessible green space or preserve and enhance existing anvi~onmental attributes, and a disregard for the safety concerns of parents indicate a flagrant lack of concern for the families who make theft' homes in Galway Hills. The decisions being made benefit the financial gains of the developers but dearly are not in the best interest of the neighborhood. The proposed changes show a failure to consider the impact such drastic changes to the initial plan will have on the existing neighborhood. I believe that neighborhoods can flourish with mixed housing and even with small businesses incorporated within them. However, these must be incorporated in the initial phases of planning and development, along with considerations about traffic access and impact on existing schools. Decisions made after a development is in existence must be made in such a way to foster the safety and "social capital" of the entire neighborhood. I would like to ask the City Com~cfl to take a stand against par~ platting and for the nurturing of neighborhoods. I would also suggest that perhaps a meeting with representative from the neighborhood, the developers, City Council and Plmming and Zoning could work to resolve some of these problems. Sincerely, William E. and Jody R. Murph 3505 Galway Court lowa City, Iowa 52246 cc: Iowa City School Board Prepared by: Charles Schmadeke, 0irector of Public Works, 410 E. Washington St., Iowa City, IA 52240; 319- 356-5141 RESOLUTION NO. 96-85 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, ESTAB- LISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-namcd projcct ars to ba raceived by the City of Iowa City, iuwa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 21st day of May, 1996. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Canter, Iowa City, Iowa, at 7:30 p.m. on the 4th day of June, 1996, or at such later time and place as may then be fixed. Resolution No, 96-85 Page 2 Passed and approved this. 9th day of April ,1996. ATTEST: CITY CLERK MAYOR Approved by ttorney s Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., iowa City, IA 52240; 319-356-5143 RESOLUTION NO. 96-86 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715(6)--70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. WHEREAS, this project consists of extending the four lane boulevard urban section of Melrose Avenue from West High School, west to Highway 218; and WHEREAS, the construction cost estimate is $2.081,600, of which up to $1,720,000 will be funded by Federal Surface Transportation Program Enhancement Funds; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on April 30, 1996, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law by the IDOT, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the construction are hereby approved. 2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids, to be let by the IDOT, for construction of the above~named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 9t.h day of April , 1996. CITY CLERK MAYOR Approved by City Attorney s Officed/~~¢_/'_~,~ Resolution No. 96-86 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: X X X X Baker __ Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be Prepared by: Rick Fosse, Civil Engineer, 410 E. Washingten St., Iowa City, IA 52240 (319) 356-5143 RESOLUTION NO, RESOLUTION APPROVING PLANS. SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PINE STREET PEDESTRIAN TUNNEL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVER- TISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. t The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 30th day of April, 1995. Thereafter the bids will be opened by the City r:nglneer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, iowa, at 7:30 p.m. on the 7th day of May, 1996, or at such later time and place as may then be fixed. Passed and approved this day of , 1996. ATTEST: CITY CLERK MAYOR Approved by Office ~_ ~ Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5236 RESOLUTION NO. 96-87 RESOLUTION RESCINDING RESOLUTION NO. 92-75, ESTABLISHING THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN WHEREAS, the City Council adopted Resolution No. 92-75, "Resolution determining an area of the city to be an economic development area, and that the rehabilitation, conservation redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Northgate Corporate Park Urban Renewal Plan ('Urban Renewal Plan') therefor," and WHEREAS, the Urban Renewal Area includes and consists of: A tract of land consisting of Lots 4-7, Highlander Development First Addition, Iowa City, Iowa WHEREAS, the Council, at this time, no longer has reasonable cause to believe the that the area described above will develop in compliance with the Urban Renewal Plan; therefore, the Council no longer has reasonable cause to believe that the area described above satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, all persons desiring to be heard on rescinding Resolution No. 92-75, both for and against, have been given the opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Council finds that the Northgate Corporate Park Urban Renewal Area, as defined in the Northgate Corporate Park Urban Renewal Plan, no longer meets the economic development ~r~a criteria as outlined in Chapter 403 of tho Code of Iowa, as amondcd. 2. That Resolution No. 92-75 is hereby rescinded. 3. That a copy of this Resolution shall be recorded in the manner provided by law with the Recorder for Johnson County, Iowa. Passed and approved this 9th day of ^pri] , 1996. CITY-CLERK MAYOR Resolution No. 96-87 Page 2 It was moved by Baker and seconded by adopted, and upon roll call there were: Thornb~rry the Resolution be AYES: NAYS: ABSENT: X X X X X Baker __ Kubby Lehman Norton Novick Thornberry Vanderhoef Com~cil Member l~ub~ moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Norton seconded the motion. The roll was called and the vote was, A~FES: Tho~nherry, VandPrhoof, Raker, Kubby, Lehman, Norton, Novick NAYS: None Council Member Kubby moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Norton seconded the motion. The roll ws called and the vote was, AYES: Thornberry, Vanderhoef, Baker, Kubbv, Lehman, Norton, Novick NAYS: None Res. No. 96-88 Council Member Norton introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Lehman seconded the motion to adopt, rand the roll being called thereon, the vote was as follows: AYES: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton, Novick NAYS: None -3- Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by vimae of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of improvements and extensions to the Municipal Waterworks Plant and System, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds in the arnoant of $6,100,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $6,200,000 Bonds, and the Council is therefore now authorized to proceed with the issuance of $6,100,000 of said Bonds; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessmy implication requires otherwise: (a) "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee; (b) "Bonds" shall mean $6,100,000 General Obligation Bonds, authorized to be issued by this Resolution; (c) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds; -4- (d) "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. (e) "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; (f) "Issuer" and "City" shall mean the City of Iowa City, Iowa; (g) "Notice of Sale" shall mean the official Notice of Sale as published on March 15, 1996; (h) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as seemties depository; (i) "Paying Agent" shall be the City Controller, or such successor as may be approved by Issuer as provided herein and who shall cam/out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due; (j) "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds; (k) "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate; (1) "Registrar" shall be the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties pTescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds; (m) "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds; (n) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds; and -5- (o) "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: $1,044,680 1997/1998 $ 515,913 1998/1999 $ 531,575 1999/2000 $ 529,825 2000/2001 $ 509,825 2001/2002 $ 523,575 2002/2003 $ 510,925 2003/2004 $ 522,863 2004/2005 $ 508,313 2005/2006 $ 518,463 2006/2007 $ 527,213 2007/2008 $ 509,363 2008/2009 $ 516,163 2009/2010 $ 521,288 2010/2011 $ 524,688 2011/1012 $ 526,313 2012/2013 $ 501,338 2013/2014 $ 501,363 2014/2015 (NOTE: For example the levy to be made and certified against the taxable valuations of January I, 1996, will be collected during the fiscal year conunencing July 1, 1997). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner -6- as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1996 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or h~terast on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. -7. Section 5. In.~vestments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1993 (formerly Chapter 452, Code oflowa, as mended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $6,100,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated March 15, 1996, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1996, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: -8- Interest Principal Maturity Rate Amount June 1st 3.60% $150,000 1997 4.00% 225,000 1998 4.15% 225,000 1999 4.30% 250,000 2000 4.40% 250,000 2001 4.50% 250,000 2002 4.60% 275,000 2003 4.75% 275,000 2004 4.85% 300,000 2005 4.95% 300,000 2006 5.00% 325,000 2007 5.10% 350,000 2008 5.20% 350,000 2009 5.30% 375,000 2010 5.40% 400,000 2011 5.50% 425,000 2012 5.55% 450,000 2013 5.55% 450,000 2014 5.55% 475,000 2015 (b) Redemption. Bonds maturing after June I, 2005, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity select the bonds to be redeemed until the total amount of Bonds to be called has been reached. Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day fands to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. -9- Section 6.2. The Bonds shall be initially issued in the £orm of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the regis~ books of the City Coneoiler kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may u'eat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accttracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is pertained or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a pm'tial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or stuns so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect -10- thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivew of the Blanket Issuer Letter of Representations to DTC by the Issuer, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Blanket Issuer Letter of Representations by the Mayor, shall be conclusive evidence of such approval. The Blanket Issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. Section 6.7. In the event that any transfer or exchange of the Bonds is pemtitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits o11- and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds: Appointment of Registrar: Transfer; Ownership; Delivery: and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the realring of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and beating interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be -12- deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be famished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and mount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such -13- mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in cremeetlon therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to thek designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk ~hall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the fight to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -14- Section 12. Form of Bond. Bonds shall be printed hi substantial compliance with standards p:oposed by the American Standards Institute substantially in the form as follows: I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I / (6) (6) / / / (7) (8) / / / / (1) / / / / / (2) J (3) (4)I (5) / / / / / (9) / / / / (9a) / / / / (10) / (continued on the back of this Bond) / / / (11) (12) (13) (14) (15) / / / /////////////////////////////////////////////////////////// I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FIGURE 1 (Front) -15- (10) (Continued) (16) (17) FIGURE 2 (Back) -16- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure I "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "ESSENTIAL CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure I = Maturity: Item 4, figure 1 = Bond Date: March 15, 1996 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of Lorincipal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the matm'ity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum fi'om the date hereof until paid at the rate per annum specified above, payable on December 1, 1996, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360..day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of improvements and extensions to the Municipal O -17- Waterworks Plant and System, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OIHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2005, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Notice hereunder may be given by registered mail to the owner of record of the Bond at the address shown on the books of the Registrar and shall be deemed complete upon mailing. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Regisear and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the sine will respectively become due; that the faith, credit, revenues and resources and all -18- the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof~ both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 Item 12, figure 1 = Date of authentication: = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure I = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure I = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (manual signature) Mayor ATTEST: By: (manual signature) City Clerk -19- Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of&livery of the issue of which this Bond is a pan. (manual/facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER -20- To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessmy to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective inunediately upon its passage and approval. Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and ca~xy out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is u'eated as the owner of any Bonds for federal income tax purposes. Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; Co) comply with all representations, covenants and assurances contained in the Tax Exe~npfion Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defmed in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required -2:2- and in a timely manner; and (f) if deemed necessary or advisable by its ot~cers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be mended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 19. R__epeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this ATTEST: PGOODRIC~3320Tq~10714034 dayof t~:[ Mayor ~az-,~J. ~ffsv~ ,1996. -23- Council Member Lehman moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote WaS, AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, Thornberry NAYS: Nnnp Council Member Lehman moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AYES: Vanderhoef, Baker, Kubby, Lehman, Norton. Novirk, Thnrnhprry NAYS: None Res. No. 96-89 Council Member Norton introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $18,300,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Council Member lhornberry seconded the motion to adopt. The roll was called and the vote was: AYES: Vanderhoef, Baker, Kubby, Lehman, Norton, Novick, ThnrnhPrry NAYS: None -2- Whereupon the Mayor declared the following Resolution duly adopted: A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANC, E AND SECURING THE PAYMENT OF $18,300,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City oflowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Sanitary Sewer Utility, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $18,300,000 for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Sewer Revenue Bonds, part of which remain outstanding and are a lien on the Net Revenues of the System. In the Resolution authorizing the issuance of the outstanding bonds it is provided that additional Revenue Bonds may be issued on a parity with the outstanding bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and WHEREAS, a statement of Evensen-Dodge, Inc. and a statement of Howard R. Green Co., neither in the regular employ of Issuer, has been placed on file in the office of the Clerk, showing the conditions and limitations of said Resolution, dated January 19, 1993, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $28,000,000 Sewer Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed, and the City proposes to proceed with the sale of $18,300,000 Sewer Revenue Bonds: -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms with or without capitalization shill have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: * "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Pmicipant on the records of such Participant or such person's subrogee; * "Bonds" shall mean $18,300,000 Sewer Revenue Bonds, authorized to be issued by this Resolution. ~' "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DIG with respect to the Bonds; * "Clerk" shall mean the City Clerk or such other officer of the successor governing body as shall be charged with substantially the same duties and responsibilities. ~ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. * "Corporate Seal" shall mean the official seal of Issuer adopted by the governing body. * "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; * "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the governing body or by law as the official accounting period of the System. Requirements of a fiscal year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the fiscal year and include any payment of principal or interest falling due on the first day of the succeeding fiscal year. -4- * "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. * "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, Iowa. * "Net Revenues" shall mean gross earnings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies but excluding depreciation and principal of and interest on the Bonds and any Parity Bonds or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not system expenses. * "Notice of Sale" shall mean the official Notice of Sale as published on March 15, 1996; * "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. * "Par/ty Bonds" shall mean Sewer Revenue Bonds payable solely fi'om the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued; and shall include "Additional Bonds" as authorized to be issued under the terms of this Resolution and the Outstanding Bonds; "Outstanding Bonds" shall mean the Sewer Revenue Bonds dated January !5, 1993, issued in accordance with Resolution No. 93-17, adopted January 19, 1993, $36,520,000 of which bonds are still outstanding and unpaid and remain a lien on the Net Revenues of the System. * "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository; * "Paying Agent" shall mean the City Con,oiler, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as lssuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. -5- "Permitted Investments" shall mean: a direct obligations of (including obligations issued or held in book entry form on the books of) the Depafiment of the Treasury of the United States of America; · cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); · obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: Export - Import Bank Farm Credit System Financial Assistance Corporation Farmers Home Administration General Services Administration U.S. Maritime Administration Small Business Administration Government National Mortgage Association (GNMA) U.S. Department of Housing & Urban Development (PHA's) Federal Housing Administration · repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not includc reverse repurchase agreements; · senior debt obligations rated "AAA" by Standard & Pools Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; · U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short4erm certificates of deposit on the date of purchase of"A-1" or "A-I+" by S&? or "P-I" by Moody's and maturing no more than 360 -6. days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); · commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by S&P or "P-l" by Moody's and which matures not more than 270 days after the date of purchase; · invesunents in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; " pre-reftmded Municipal Obligations are defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (it) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; -7- tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and - Iowa Public Agency Investment Trust. ~ "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ® "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. ~, "Registrar" shall mean the City Controller of Iowa City, lowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ~ "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds; ~, "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum amount of the principal and interest coming due on the Bonds and Parity Bonds; or (b) 10 percent of the stated principal amount of the Bonds and Parity Bonds (for issues with original issue discount the issue price as defined in the Tax Exemption Certificate shall be substituted for the stated principal amount). ~' "System" shall mean the Municipal Sanitary Sewer Utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising pan of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and personal pmpe~y; and all appurtenances. contracts, leases, franchises and other intangibles. -8- ~ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. ~, "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. · " 11 * "Yield Restricted sha mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authori _ty. The Bonds authorized by this Resolution shall be issued parsuant to Division V, Chapter 384; of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series 1996, in the aggregate amount of $18,300,000 for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility. Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future net revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failme of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details· Sewer Revenue Bonds of the City in the mount of $18,300,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "SEWER REVENUE BOND", be dated March 15, 1996, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on January 1, 1997 and semiannually thereafter on the 1st day of July and January in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile sigrmture of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and -9- interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Matuity Rate Amount July I st 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.10% 5.10% 5.10% 5.20% 5.30% 5.40% 5.50% 5.60% 5.70% 5.70% 5.70% 5.70% 5.70% 5.75% 5.75% 5.75% 5.75% 5.75% $ I00,000 375,OOO 400,000 425,000 450,000 475,000 500,000 525,000 550,000 575,0O0 625,000 650 000 675 000 725 000 775 000 800 000 850 000 900 000 950 000 1,000,000 1,075,000 1,125,000 1,200,000 1,250,000 1,325,000 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Section 6. Redemption. Bonds maturing after July 1, 2006, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. -10- If selection by lot within a maturity is required, the Registrar shall by random selection of the names of the registered owners of the entire annual maturity sdect the bonds to be redeemed until the total mount of bonds to be called has been reached. Term Bonds. Bonds in the aggregate principal amount of $3,700,000 shall be issued as Term Bonds due July 1, 2016, and shall bear interest at 5.70%, payable on January 1, 1997, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) $ 850,000 2013 900,000 2014 950,000 2015 1,000,000 2016 * Bonds in the aggregate principal amount of $5,975,000 shall be issued as Term Bonds due July 1, 2021, and shall bear interest at 5.75%, payable on January 1, 1997, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) *Maturity $1,075,000 2017 1,125,000 2018 1,200,000 2019 1,250,000 2020 1,325,000 2021 * Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DIC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. -11- Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the mount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books of the City Conn'oller kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all pxSncipal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DIC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DIC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.7 hereo£ Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DIG and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bondswillbe transferable in accordance with Section 6.7 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect -12- thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.7 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other conununication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. The execution and delivery of the Blanket Issuer Letter of Representations to DTC by the Issuer, in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor shall deem advisable is hereby authorized and execution of the Blanket Issuer Letter of Representations by the Mayor, shall be conclusive evidence of such approval. The Blanket Issuer Letter of Representations shall set forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. Section 6.7. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate inst~ments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.8. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attomeys approving the legality of said Sewer Revenue Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, ce~lificates, affidavits and other instruments so furnished, including any heretofore -13- funfished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds; Appointment of Registrar; Transfer: Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registrarion Books the infomarion pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permined by this Resolution in aggregate principal arnourn equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and beating interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be -14- deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years interest or principal became due, whether at maturiW, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer -15- or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall f~lly discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No bond shall be valid or obligatory for any purpose or shall be entified to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 11. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -16- Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: / / / / / / / / / / / / / / / / / / / / / / / / / / / IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (6) (6) (7) t (0, (1) (2) (3) . (4) (5) (9) (9a) (10) (continued on the back of this Bond) (11) (12) (13) (14) (15) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FIGURE 1 (Front) -17- (10) (16) (17) (Continued) FIGUKE 2 (Back) -18- The text of the bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "SEWER REVENUE BOND" "SERIES 1996" Item 2 figure Item 3 figure Item 4 figure Item 5 figure Item 6 figure Item 7 figure Item 8, figure 1 = Rate: I = Maturity: I = Bond Date: March 15, 1996 I = Cusip No.: I = "Registered" I = Certificate No. 1 = Principal Amount: $ Item 9, figure 1 = The City oflowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure I = or registered assigns, the principal sum of(principal mount writ-ten out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of City Controller, Paying Agent of this issue, or its successor, with interest on said sum _from the date hereof,until paid at the rate per mnnum specified above, payable on January 1, 1997, and semiannually thereafter on the 1st day of July and January in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of improvements and extensions to -19- the Municipal Sanitary Sewer Utility, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DIC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after July 1, 2006, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot by giving thirty days' notice of redemption by registered mail, to the registered owner of the Bond. The terms of redemption shall be par, plus accrued interest to date of call. Term Bonds maturing on 2016 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Resolution, on April 1st of each of the years 2013 through 2016, inclusive and Term Bonds maturing on 2021 are subject to mandatory redempton and payment at par and accrued interest, in the principal amounts set forth in the Resolution, on April 1st of each of the years 2017 through 2021, inclusive. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond a~ the o~ce of the Regis~.a_r as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which -20- notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Sanitary Sewer Utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any mam~er liable by reason of the failure if said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. 1N TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. ltem 1 I, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) -21- Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's manual signature Mayor ATTEST: By: City Clerk's manual signature City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of delivery of the issue of which this Bond is a part. manual/facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = MBIA Insurance Legend STATEMENT OF INSURANCE MBIA Insurance Corporation (the "Insurer") has issued a policy containing the following provisions, such policy being on file at the office of the City Controller, Iowa City, Iowa. The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined~ of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to the City Controller, Iowa City, Iowa, or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner -22- pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The mounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: $18,300,000 Iowa City, Iowa Sewer Revenue Bonds Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such reqtfired payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an accoant with State Street Bank and Trust Company, N.A., in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presenunent of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instrmnents being in a form satisfactory to State Street Bank and Trust Company, N.A., State Street Bank and Trust Company, N.A. shall disburse to such owners or the Paying Agent payment of the Insured Amounts due on such Obligations, less any mount held by the Paying Agent for the Payment of such Insured Amounts and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any pa~ty whose agreement with the Issuer constitutes the underlying security for the Obligations. Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York, 10504 and such se~Mce of process shall be valid and binding. -23- This policy is non-cancellable for any reason. The premium on tiffs policy is not refundable for any reason including the payment prior to maturity of the Obligations. MBIA INSURANCE CORPORATION Item 18, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the witlain Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated SIGNATURE ) GUARANTEED) (Person(s) executing this Assignment sign(s) here) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Si~ature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. -24- INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secmed equally and ratably by the revenues of the System without priority by reason of nmnber or time of sale or delivery; and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. -25- Section 14. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds shall be applied as follows: An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Bonds. An amount sufficient to meet the Reserve Fund Requirement shall be deposited in the Reserve Fund. The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Bonds. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: -26- The provisions in the Resolution heretofore adopted on July 29, 1986, and ratified, confumed and approved in the Resolution heretofore adopted on January 19, 1993, whereby there was created and is to be maintained a Sewer Revenue Bond and Interest Sinking Fund, and for the monthly payment into said fund from the future net revenues of the System such portion thereof as will be sufficient to meet the principal and interest of the outstanding Bonds dated January 15, 1993, and maintaining a reserve therefor, are hereby ratified and confirmed, and all such provisions inure to and constitute the security for the payment of the principal and interest on Sewer Revenue Bonds hereby authorized to be issued; provided, however, that the amounts to be set aside and paid into the Sewer Revenue Bond and Interest Sinking Fund in equal monthly installments fxom the earnings shall be sufficient to pay the principal and interest due each year, not only on the Sewer Revenue Bonds dated January 15, 1993, but also the principal and interest of the Bonds herein authorized to be issued and to maintain a reserve therefor. Sections 16, 18, 21, 22, 23 and 27 of the Resolution dated July 29, 1986, are hereby ratified, confirmed, adopted and incorporated herein as a part of this Resolution. Consistent with the above Resolution, proceeds of the bonds or other funds may be invested in Permitted Investments. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Bonds. The amounts herein required to be paid into the various funds named in this Section shall be inclusive of payments required in respect to the Outstanding Bonds. The provisions of the legislation authorizing the Outstanding Bonds and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the Resolution or Ordinance first adopted shall prevail until such time as the bonds authorized by said Ordinance or Resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. The maximum amount to be retained in the Reserve fund shall be the Reserve Fund Requirement under this resolution. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. -27- Section 16.1. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or othe~ise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 17. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each fiscal year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding fiscal year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the fiscal year. No free use ofthe System by the Issuer or any depaih,ent, agency or instrumentality of the Issuer shall be permitted except upon the determination of the governing body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. -28- (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an mount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurancx, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will cause the books and accounts to be audited annually not later than 90 days after the end of each fiscal year by an independent auditor and will file copies of the audit report with the Original Purchaser and will make generally available to the holders of any of the Bonds and Parity Bonds, the balance sheet and the operating statement of the System as certified by such auditor. The Original Purchaser and holders of any of the Bonds and Parity Bonds shall have at all reasonable times the fight to inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the Original Pumhaser or the holder or holders of 25 percent of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information: An evaluation of the manner in which the Issuer has complied with the covenants of this Resolution, including particularly the rate covenants included herein. A statement of Net Revenues and current expenses. Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances. A balance sheet. The rates in effect at the end of the fiscal year, the number of customers of the System, and an analysis of the ratio of debt service to net revenues as defined in this Resolution. -29- A schedule of insurance policies and fidelily bonds in force at the end of the fiscal year, showing with respect to each policy and bond the nature of the risks covered, the limits of liability, the name of the insurer, and the expiration date. An evaluation of the Issuer's system of internal financial controls and the sufficiency of fidelity bond and insurance coverage in force. The names and titles of the principal officers of the Issuer. A general statement covering any events or circumstances which might affect the financial status of the System. In the event the audit provided for in this Section is prepared by the State Auditor the governing body will cause to be prepared a certified supplemental report containing the information required by this Section. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution. Provided, however, this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its governing body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a Revolving Fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. -30- (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried. by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The governing body of the Issuer will adopt a system budget of revenues and current expenses on or before the end of each fiscal year. Such budget shall take into account revenues and current expenses during the current and last preceding fiscal years. The Issuer will incur no current expense not included in such budget, and will not permit total current expenses to exceed the budget, unless the governing body shall first have adopted a Resolution declaring the necessity of such expenses. Copies of such budget and approvals of expenditures in excess of the budget shall be mailed to the Original Purchaser and to the bondholders upon request. Section 18. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or General Obligation Bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent certified public accountant, consulting engineer or financial consultant, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding fiscal year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum mount that will be required in any fiscal year prior to the longest maturity of any of the then Outstanding Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding fiscal year as aforesaid, the mount of the gross revenues for such year may be adjusted by an independent Consulting Engineer or by a Certified Public Accountant not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding fiscal year. (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a fiscal year shall be deemed a requirement of the immediately preceding fiscal year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. Section 19. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects ~nd covenants that no use will be made of the praeeeds _from t_he issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part -32- of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Bonds remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the bonds to be classified as arbitrage bonds under Section 148(a) and (b) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 20. Additional Covenants, Representations and Warranties of the Issuer. The lssuer certifies and covenants with the prochasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and suppolling documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. -33- Section 2t. Not Oualified Tax-Exempt Obligations. The Issuer has not designated the Bonds as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 22. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the governing body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an mount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the mount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 23 ~tanondment ,,r ~oc,,1,~,,,, Without Consent. 'rh~ ~,~r ~,,o,, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; prov/ded, however, that such action shall not materially adversely affect the interests of the holders of the bonds or Parity Bonds; -34- (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional fights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any fight or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 24. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the propose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and PariW Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Regis~'ar. Such notice shall set forth the nature of -35- the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or insmanents shall refer to the proposed amendstory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the governing body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effec~ve and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instnunent evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrmnent by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such inslxument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such pcrson had on deposit with such bank or ~'ast company the Bonds described in such certificate. -36- Section 25. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a par~ hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Adopted and approved this ~ day of /~,.: [ ,1996. ATTEST: C ty-77 ? PGOODRIC,33376~ B10714037 -37- Prepared by: Linda Newman Woito, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 96-90 A RESOLUTION AUTHORIZING 'l HE tVIAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MWR TELECOM, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK WHEREAS, in 1991, the City Council approved an agreement with the State of iowa communications network to install fiber optics within a small portion of Iowa City rights-of- way, as approved in Resolution No, 91-264; and WHEREAS, the State of Iowa has now contracted with another vendor, namely MWR Telecom, Inc., to continue with installation of the State communications network within Iowa City; and WHEREAS, it is in the public interest to enter into an agreement to reflect the new vendor, namely MWR Telecom, Inc., as doing the construction work and being responsible for the installation and maintenance of the State of Iowa communications network. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and MWR Telecom, Inc. to use public rights-of-way for a fiber optic network is in the public interest, and is hereby approved as to form and substance. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the John.~on County Rec..nrdP. r'.~ Office, at MWR Telecom, Inc.'s expense. Passed and approved this 9th day of Apr11 , 1996. ATTEST:_~~ CITY' CLERK MAYOR Approved b_y . City Attorney's Office/4z_ ~,~,~ Resolution No. 96-90 Page, 2 It was moved by I ~.hman and seconded by adopted, and upon roll call there were: Vandenhoer the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by Linda Newman Woito, City Attorney, ,~ 10 E. Washington St., Iowa City, IA 52240; 319/356-5030. AN AGREEIViENT BETWEEN THE CiTY OF IOWA CITY, IOWA AND IV1WR TELECOM, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. "Public Improvements" shall mean any improvements on pubhc property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto. "Public property" shall mean City-owned or controlled public rights-of-way, easements, bridges, squares and commons. "Network" shall mean MWR Telecom, Inc. and shall include all equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include but not be limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation, If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or 2 other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance bv the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. i® 3 SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event ~.he Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty- eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and rnaintenance of utility systems, including, but not limited to, fees for use of public property. SECTION 10. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice. If the Network fails to cure a default within the time allowed, the City shall have the right to: (ii) (iii) (iv) seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or seek damages for such default; or any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in 5 work for the Network within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in controlsmerger or consolidation. SECTION 15. VACATION OF STREETS AND ALLEYS So long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and, addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 6 If to Network: Project Manager MWR Telecom 221 Third Avenue SE Cedar Rapids, IA 52401 provided, however, that in the case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the ? ~ day of ~p~; l 1996. By: Title: CITY OF IOWA CITY, IOWA Approved by,~ ~' Office Cit¥'s Acknowledqement STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~-P/L day of /~jr,,';[ , 1 9 ?~. , before me, .~1,~..~_ F~J~- ,. a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (19~fineRe~) (Resolution) No. ~- ~}1~ passed by the City Council, on the 9+~- day of .Alo~, , 19 ~, , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their 7 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 Network's Acknowled¢lement STATE OF IOWA jL,~,COUNTY ) cs: ) Notary Public in and for t~'e Slate of Iowa, personally appeared '.~ j~ , to me personally known, who, being by me duly sworn~,/ · did say that they are t he~,~Lr'T~'dy~id.-C~-'~'~.S~i./~n ./ ,. respectively, of said corporation executing the within a~d foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the .seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors, and that the said:~y~ ~', as such officers acknowledged the execution of said instrument--fo be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ""x) Notary Public i~lnd for said County and Stat~ 04/03/96 ~D 13:23'~/~ ! 3t9 298 7200 ~CLBOD ~goo~ Exhibit "A" m .~ ...... MWR Telecom ~ .... 221 3rd Avenue SE Suite ~ Project Name: ~. g Cedar Rapids, Iowa 62401 Galaxy ~ Ph. # (319) 398-7000 Date: 04103196 Prepared by FOR Woito, City Attorney, 410 E. Washington St., Iowa C~ty, IA 52240; 319/35, ~-5030. ,GREEMENT BETWEEN THE CITY OF IOWA CITY, 10WA TELECOIV], INC. TO USE PUBLIC RIGHTS-OF-WAY INSTALLATION, OPERATION AND IVIAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS "City" shall mean officers, employees of Iowa City, Iowa and, where a~ ents. )riate, shall include its "Public ]ml not limited to paving, water mains, sewers, electric dan any improvements grass, vegetation, ~nsmission lines ,, including but street lights, traffic signals, merit related thereto. "Public property" shall mean Cit bridges, squares and commons. ned or con ghts-of-way, easements, "Network" shall mean MWR Telecorr operated, leased, or subleased in shall include but not be limited ducts, manholes, vaults, fiber opt and shall include all equipment owned, :ion with the operation of the network. and res, pipes, cables, underground conduits, other structures or appurtenances. SECTION 2. BASIC GRANT Network is hereby granted a lice~ to construct, 3, inspect, protect, repair, replace and retain a c in, under, upon, and across the public property shown and identified in Exhil hereto, subject to the powers of the City and subject to the conditions hCeinafter set forth. ~ SECTION 3. INSTALLCON, REPAIR, EXTENSION OR EXPAN~ON OF THE NETWORK Before commencing/ahy extension or expansion of its system, or any,major repair work or the installation of any/~ew system in the City, the Network shall file~vith the Public Works Department of th/e'City a written statement verifying the public property, under which or upon which the Netw/Srk proposes to extend, expand, install or repair its system. The Director of Public Works/Fnay require the statement be accompanied by a map, pla)~or specifications showing the~roposed location of the system components with reference to st,(,eets and alleys, the size an/¢ dimensions of all facilities, and the distance above or beneath the~urface of the ground p/'oposed for repair or installation. If the proposed locations (~f any !~¢.~ities shall interfere'with the reasonable and proper use, construction, reconstruction and ma~.enance of/~public improvements or any existing City-owned public utility system component, or 2 other structur~e upon or under pubtic property, the Director of Public Works sh within a reasonable tir~e after the filing of such plan, map or specifications, note,/~ changes necessary to eh~inate all interference with a public improvement or existing Ci?'y-owned public utility system facility and refer the same back to the Network for amend,~ent. Such map, plan or specificatib~ns, when properly changed and corrected, shall be file/din the Public Works Department; and afar the approval of same by the Director of Public/Works, a permit shall be issued authorizing',[,he Network to proceed in accordance with tt~ approved maps, plans or specifications. No s~h excavation, construction or erection st~11 be commenced before the issuance of the pern~i~ herein provided for, unless it is an mergency as described in Section 5. All work perforrhed by Network shall be in accorda , with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION A'N,~ REPAIR OF NETWOI In the process of location, constructi~ ~, rec component, the excavation or obstrL any purpose by the Network shall, to p~otect the movement cf traffic, be properly forth in the Manual on Uniform Traffic shall be properly and speedily replaced in condition to the use of public property, the N~ repair to any private property, public utility property damaged by such location If the Network fails to repair or arrang property after excavations have been r given to its designated re[ the Cit, of the Network. )lacemerit, or repair of any system pl in public property at any time or for and to assure the safe and efficient at a minimum, with requirements set All pavement taken up or damaged ,rdance with the City's Regulations. As a shall, at its own expense, repair or cause component, public improvement, or public ~, replacement or repair work. :ity for the proper repair of any public thirty days' notice in writing to do so ~y make such repairs at the expense SECTION 5. EXCAVATIONS ~ The Network is authorized to excavations in City stre~,s, avenues, alleys and public property for purposes of routi~ ,pair, replacement, and maintepance of wires, lines or other system components associ~)~'ed with the Network. In making su,c~ excavations, the Network shall obtain a permit purs/dant to City Ordinances and Regulatior¥ shall not unnecessarily obstruct the use of streefs, avenues, alleys or public places, shall ~,rovide the Public Works Director with twenty-f~r (24) hours notice prior to the actual comrdpncement of the work, and shall comply with/all City provisions, requirements and regulations in performing such work. In emergencig§ which require immediate excavation, the NetwoK may proceed with the work without f/i'rst applying for or obtaining the permit, provided, N~owever, that the Network shall app/J~/ for and obtain the permit as soon as possible after Og, romericing such emergency wor~/ \~,,,~ Failure to Con~hly; Remedies. If the Network fails to comply with the provi~J,~ns of this Section, the ~:ity may repair or restore the public property to a condition as gb~d as the condition of/the property prior to the disturbance by the Network. The Network sha.t~ay the costs of s~h repair or restoration. The Network shall pay to,the City its costs and cha~ges for such.~ork within sixty (60) days after receipt of the City s billing. ~. 3 SECTION 6. WOF BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALT/ERATION TO CONFORM W rH PUBLIC IMPROVEMENTS ~ The City reserves ,~e right to lay, and permit to be laid, wires, pipes, cables,?'onduits, ducts, manholes and otr ;r~appurtenances, and to do, or permit to be done, any/AJnd. erg. round and overhead installation ~{r improvement that may be deemed necessary or ~r'oper by the City in, across, along, over or ~ ~der any public property occupied by the Netw.,~k, and to change any curb or sidewalk or th fade of any street. In permitting others to/ao such work, the City shall not be liable to t ~etwork for any damages arising out of?he performance of such work by other parties. ,ing in this agreement shall be, constr/u'ed to relieve other persons or corporations for damage to the Network s fa/~Jities. SECTION 7. NETWORK / ' ' h II I t all ers n//s firms or cor orations erformin The requirements otthis s a appy o p rs? , p ' p g work for the Network under a ~t, subcontract, t~,rfie and materials arrangement or other type of work order. ~ ~ SECTION 8. CONDITIONS OF STREET~,~CUP~NCY The fiber optic cable systems and other co~O/nents of the facilities erected by the Network within the City shall conform to establishe(~rades of streets, alleys and sidewalks, and be so located as to cause minimum interfer~hc~\with other public utilities located in or upon public property, and to cause minimum inXerfereye with the rights or reasonable convenience of property owners who adjoin public p'roperty. ~ The Network shall conduct its work ~ereunder in suclt, manner as to cause as little interference as possible with pedestrian and v~hicular traffic, and'\shall abide by scheduling directions, if any, given by the Director of P~blic Works. ~, The Network shall, upon reas,~nable notice and at its sole\cost and expense, remove, locate and relocate its facilities in,/on, over or under public property in such manner as the City may at any time require for~he purpose of facilitating the construction, reconstruction, maintenance, repair or cl)~nge in grade of any public improvement on, in or about any such public property, for the p, Srpose of promoting the efficient operation of any such improvement, or for the purposes of f/~cilitating the vacation and/or redevelopment of public right-of-way by the City. In the ever~f the Network fails to act within a reasonably allocated time, the City may cause the Net?,ork facilities to be relocated, and the costs thereof shall be to the Network and shal,~e paid as provided in Section 5 hereof. The Network shall not place its facilities in the public property where the same will interfere with the norm~' use or maintenance of any public improvement, includ~ but not limited to streets, alleyS, sidewalks, traffic control devices, sanitary sewers, storm servers, storm drains °r water m,~/ns' electrical transmissi°n lines °r any public utility facility' ~ Upon req~'est, the Network agrees to assist in locating underground facilities v~ich are part of its sy~em. Such assistance will be provided in a timely manner, but not .mo, r.ekt~an forty- eight//~) hours after the time of request. As a condition of this agreement the Net rwo~11 4 enroll as a member of the "Iowa One-Call System" and shall respond to II requests and notifications pl to the toll-free "One-Call" number, Installation, rel or replacement work completed by the Network or excavation of lic property or public right-of-way shall require replace surface ve sod with standard local ractices for placing sod. ' facilities requiring to restore and in accordance SECTION 9. )F CITY Nothing in this ag ;hall be construed to abridge the ~ further regulations rela the use of the streets, alle' using the same for the lation and maintenance limited to, fees for use of pu property. or power of the City to make and public property by anyone systems, including, but not SECTION 10. PLANS AND C( :lDINATION Upon completion of the work, the letwork shall built" plans related to its fa '.ated on furnish to the City copies of "as- property. The Network shall keep complete operations of its facilities in connection maps and records of the locations and agreement. SECTION 11. VIOLATIONS OF Upon evidence being received by th occurring or has occurred, or that a Network in the operation of its fa occurring or has occurred (hereir investigation to be made. If the take appropriate steps to secu~ or ordinances. referred finds with a violation or breach of this agreement is rdes or ordinances lawfully regulating the ~anner of use of public property either is a "default"), the City shall cause an Jlt exists or has occurred, the City may terms of this agreement or the codes The City shall give written ~ the Network of the default, and the Network shall cure such default within thirty (,80) calendar days after receipt of such notice. If the Network fails toc/a default within the time allowed, the City shall have the right to: (i) seek specific p~rformance; or , (ii) remedy the d~fault by doing the act itself, or through a contractor, and charge the costs of suc,I/work to the Network; or ~\ (iii) seek dama~l~s for such default; or ~ (iv) any comb/~ation of (i), (ii)and {iii). ~ SECTION 12~/~IABILITY, INDEMNIFICATION AND INSURANCE ~x,~, The Networkcovenants to indemnify, defend and save the City and its officers, agents and employees,/~armless from any and all damages arising directly from the exercise of the rights granted hgfeim The Network agrees to require contractors and subcontractors engaged in 5 work for' coverage coverage satisfactor, ; Network within the public rights-of-way or public propert,, comprehensive form and in the amounts to be set by the City, ng the term of their work and to provide the City with City. insurance insurance SECTION 13. ITY In the event a invalid or illegal, or such invalidity, ille~ remaining provisions other respects shall been so adjudged option, and upon a court's to be terminated. jurisdiction shall ad or provisions hereof change by the Network in any ma thing herein contained, ' or change shall be deemE shall in no way affect the agreement or their validity or lality, and this agreement in all full force and effect as if 3rovision or provisions had not illegal, or such change h~ not been directed. At the City's ling of invalidity or illegal the City may cause this agreement SECTION 14. ASSIGNMENT Neither party shall assign or to any firm, corporation or except either party shall have the r interest and obligations under this agr controlling or under common control w be merged or consolidated or which party. In the event Network is contr consolidated with an entity other writing of such changes in contr, [se transfe agreement or any of its rights and interest the prior written consent of the other party, in, convey, or otherwise transfer its rights, title, =nt, in whole or in part, to any entity controlled by, a party hereto, or any entity into which a party may hases all or substantially all of the assets of such ' or is under common control or merges with or is or City, Network agrees to notify City in ~on. SECTION 15. VACATION OF So long as the ordinance or otherwise installed its facilities such property for the s that nothing herein sl rights to it hereunder, the City will not, by any street, alley or )lic property in which the Network has reserving such necessary to allow continued use of facilities in accordance withe terms of this agreement, provided limit the City's right to Network to relocate its facilities as provided in Se~n 8 hereof. SECTION16' 71VERY OF NOTICES Except as ma/~ be expressly provided herein, any notices hereuh~er shall be in writing and shall be delivered via certified mail and, addressed as follows, unl~,s indicated otherwise in the future/ 7o City: (~Jtby, i Co, iWoO~,kaS (~ir~ c t o r / Civic Center / 410 E Wash ngton St Iowa City, IA 52240 If to Network: Project Manager ~ MWR Telecom ~ 221 Third Avenue SE  Cedar Rapids, IA 52401 provided,~owever, that in the case of an emergency, notices ma~ abov~-na.m~d persons. In such case, written confirmation shoL contained herein shall prevent other forms of notice if Notice shall be deemed given on date of mailing in case of certi date actual notice is received. given verbally to the be provided. Nothing ceived by the addressee. mail, or otherwise on the SECTION 17. RECORDATION This agreement shall be recorded in the Johnson C[ expense. Recorder's Office, at Network THIS AGREEMENT is entered into as of the 1996. day of MWR TELECOM, INC. CITY OF IOWA CITY, IOWA By: Title: Appro. ved by,~ Office , By: ' T~tle: Cit¥'s Acknowledqement STATE OF IOWA ) ss: JOHNSON COUNT' ) On this day of ,19 ~ , before me, · a Notary Public in and for tl~e State of Iowa, persooally appeared Nao~ J. Novick and Marian K. Karr, to me personally~nown, and, who, being by me duly ~ or,~ did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, ~ that the seal affixed to the foregoing instrument i.s~h,e corporate seal of the corporatio and that the instrument was signed and sealed on behaffxof the corporation, by its City Council, as contained in (Ordinance) (Resolution) ND~ passed by the Council, on the day of ,' 19 , and that Naomi . Novick and Marian K. Karr acknowledged the execution of the instrument to be their 7 voluntary act and deed and the voluntary act and deed exe Network's Acl STATE OF IOWA JOHNSON COUNTY corporation, by it voluntarily in and for the State of Iowa qement On this day of Notary ~ublic in and for the and did say that they are the said corporation executing the (no seal has been procured by sealed) on behalf of (the seal of its Board of Directors; as such officers acknowledg the deed of said corporation, ,A.D. 19 , before me, the undersigned, a personally appeared _ me personally known, who, being by me duly sworn, and , respectively, of nd foregoing instrument to which this is attached, that corporation; that said instrument was signed (and is the seal of said) said corporation by authority and of said instrument to be the voluntary act and and by them untarily executed. Notap in and for said County and State 04/03/96 13:23 F/~ 1 319 298 7200 ~oo~ Exhibit "A" g s~ MWR Telecom 221 3rd Avenue SE Suite 600 Cedar Rapids, Iowa 62401 Ph. # (319) 398-7000 Project Name: Galaxy Date: 04/03196 Prepared by: Linda Newman Woito, City Attorney, 410 E. Washington St., Iowa City. IA 52240 1319)356- 5030 RESOLUTION NO. 96-91 RESOLUTION APPROVING, EXECUTION OF A PERiVIANENT SANITARY SEWER, STORIV1 SEWER AND WATER MAIN EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND B & S PROPERTIES WHEREAS, the City of Iowa City has existing sanitary sewer, storm sewer and water main utilities located in a portion of Iowa Department of Transportation (IDOT) right-of-way just south of and adjacent to Highway 1 West; and WHEREAS, the IDOT no longer has need for this portion of right-of-way along Highway 1 West, and wishes to abandon the right-of-way and convey it to the abutting property owner, namely B & S Properties; and WHEREAS, while Iowa City has City utilities located within the right-of-way, Iowa City has no need for the right-of-way, but wishes to retain an easement over the existing sanitary sewer, storm sewer and water main utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon conveyance of the vacated or abandoned IDOT right-of-way from IDOT to B & S Properties, it is in the public interest to enter in to a permanent easement agreement with B & S Properties, with the City retaining an easement over the existing sanitary sewer, storm sewer and water main utilities located in the existing IDOT right-of-way along Highway 1 West. The attached easement agreement is hereby approved as to form and substance; and the Mavor and City Clerk are hereby authorized and directed to execute the attached permanent easement agreement, with said transaction to be completed by the City Attorney, as required by law. In conjunction with City Attorney's Office and upon conveyance of the IDOT right-of- way to B & S Properties, this resolution and easement agreement shall be certified by the City Clerk for recordation and in the Johnson County Recorder's Office, at B & S Properties' expense. Passed and approved this 9th, .day of April , 1996. Resolution No. 96-91 Page 2 CITY CLERK MAYOR It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: x X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ~we~)'~B&SPROP RES Prepared by: R~ck Fosse. City Engineer. 410 E. Washington St.. Iowa City. IA 52240, (319)356-5143. PERMANENT SANITARY SEWER, STORM SEWER AND WATER MAIN EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between B & S Properties, as "Owner", and the City of Iowa City, Iowa, a municipal corporation, ("City"). In consideration of their mutual promises herein, Owner and City agree as follows: The Owner hereby grants and conveys to the City a permanent easement for the purpose of excavating for and the installation, replacement, maintenance and use of such sanitary sewer, storm sewer and water main (hereinafter collectively referred to as "public improvements") as the City shall, from time to time, elect to use, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across Auditor's Parcel 96030, as shown and described on Exhibit A attached hereto and by this reference made a part hereof (hereafter "Easement Area"). The Owner further grants to the City the following rights in connection with the above uses: The right, from time to time, to trim and cut down and clear away all trees and brush on the Easement Area which now or hereafter, in the opinion of the City, may be a hazard to said Easement Area, or which may interfere in any manner with the City's exercise of its rights herein. The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. City's nght to do such work shall be effective only upon City's pnor notice to Owner, and with minimal disruption of area. In the event of such emergency repair, C~ty agrees To restore said area substan- tially to its prior condition, as set fodh in Paragraph 2 below. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area. The C~ty shall indemnify Owner against loss or damage which occurs as a result of the City's acts or omissions in the exercise of its easement dghts herein. Once the Easement Area has been completely restored to its prior condition and except as expressly provided in this Easement Agreement, the City shall have no responsibility for maintaining the Easement Area The Owner and City acknowledge that Owner reserves the right to use said Easement Area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided, that the Owner shall not erect or construct any building or other structures; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area. 2 City further agrees that nothing in this Easement Agreement shall in any way preclude Owner from causing, allowing or permitting streets, roads or utilities to cross the Easement Area. SIGNED this The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at Owner's expense. day of ~..~ , 19 ~' . CITY OF IOWA CITY, IOWA Na~)mi J.(,Novi{;k, Mayor B & S PROPERTIES Ro'~ert J. W. Davis/Owner Marin K. Karr, City Clerk Sharon Davis Appr. oved~,, Office z-/'_.5'_~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'/"/L day of ~,,.:( 19 ~, , before me, .%,~t',-~- ~ , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in .(.(;~a~:rarrce~. IResolution) No. %'- ~/' passed by the City Council, on the '~ ~ day of ~;I 19~, and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~'l'~ day of ~.~ ,19 ,~', before,me, the undersigned, a Notary Public in and for the State of I~)~, p'er~onally appeared _,~,,4 ~. ,.~,,~..~.~,. ~,..u,'~ , to me personally know_n, who being by me duly sworn, did say that the person is one of the partners of "~.~ 5 ~'_.,.~/~.~.)L,.~t , an Iowa General/Limited Partnership, and that the i~strument wa§signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it. and by the partner voluntarily executed. Notary Public in and for the State of Iowa pweng~easement~b&sprope.eas UTILITY EASEMENTS The undersigned owner hereby grants to MidAmerican Energy; U. S. West Communications, Inc. and TCI of Eastern Iowa a perpetual easement upon, over, under, along and across Auditor's Parcel 96030 as shown and described on Exhibit A attached hereto. The grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the right{i herein granted. B & S Properties Robert J. W. D¢is Sharon Davis STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ?/'/-t. day of...//.._~ ,19 ¢~, b~fore me, the undersigned, a Notary Public in and for the State of Iowa', personally appeared~./~./.~ .~'./~.~ ,/'2,.4.,'s , to me personally known, wh.p being,by me duly sworn, did say that the person is one of the partners of ~/,..5 ~.,,~.,,?~,~/..~ , an Iowa General/Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. DONNA SIMPSON MY COMMIS~ON EXPIRES Notary Public in and for the State of Iowa !owa Department of Transportation 800 Lincoln Way, A~es, IA 50010 515/239-1191 5151239-1247 (FAX #) October 2, 1996 When Communicating Refer To: Johnson County FN-000-0-(000)--21-52 F-1-5(4)-21-52 Parcel No. 21 City of Iowa City WatedSewer Departments Civic Center Iowa City, IA 52246 Gentlemen: NOTICE OF RIGHT OF WAY ABANDONMENT Enclosed is a copy of a plat showing the above referenced parcel of land which the Iowa Department of Transportation has determined is no longer required for highway right of way purposes. Th~s parcel is located on the south side of former U.S. Pnmary Road No. 1 in Iowa Cid, Iowa. The land is held by easement for highway purposes, and will be released and abandoned approximately 60 days from the date of this notice Our records indicate you may have water lines and sanitary sewer within the parcel. We suggest that you take note of our proposed abandonment and govern yourselves accordingly. Sincerely, ROBERT L. NORTH Right of Way Director Barbara Faust Sparks Property Management Right of Way Office RLN bfs Eric. c- M. F Burr, Transportation Center Development Engineer East Central Iowa Transportation Center - Cedar Rapids Cedar Rapids RCE Cedar Rapids AME .'K SET CUT 'X' '~ IN CONCRE~ PAVE),(ENT "~ I certify that during the month of ~orch, 1996, ot the direction of Run Moson, o survey wes mode under my direct supe~sion of o purcel of lend Iocoted tn Section 16, l'ownship 79 North, Ronge 6 West, of the 5th Principol Meridian, Iowo City, Johnson County, Io'~o, the bounderies of which ore described os follows: Beginning at the Northeasterly corner of Lot 1, Southside Addition, Iowa City, Iowa os recorded in Book 29. Page 48 of the Records of the Johnson County Recorder's Office; Thence S74'28'00'W along the North line of said Southside Addition, 208.45 feet to the Northwest comer of Lot 3, sold Southside Addition; Thence N00'50'00'E, 34.59 feet to o point along the centerline of Old )owe Highway ~1; N74'28'00'E along said centerline, 208.45 feet; '[hence S00'5000 54..39 feet to the Point Of Beginning. Said parcel of land contains 6879 square feet. more or less, end is subject to easements and restrictions of record. I hereby certify that this plat prepared by me or under my direct supervlslon, is o correct representation of the survey mode with eli comers marked os Indicated, end that Iom o duly registered Land Surve)~r under the lows of the State of Iowa. 08 · PROPRIETOR: STATE OF IOWA LEGEND AND NOTES - CONGRF-~UONAL CORNER, FOUND - PROPERLY CORNER(S), FOUNO o PROPERTY CORNER(S). FOUND ........ PROPERTY ~./o~ BOUNDARY UNES CONORES~10NAL SEC~ON UNES RiGt~-II'-O~-IYAY UNES CENI[R UNES LOT UNES. INIERNAL LOT ..': LOT2 :,..,:.' :i .~ ~o~, ~,~ , · ,- ('.') o3 I: "i,~i~,~. KRISTI~E L WALTER C,--'3v - P UY C ottg,llSSlON E~IRESI LOT 3L' I I I certify that during the month of March, 1996, at the directionof -- ~ ' Ran Mason, o survey was mode under my direct supervision of o parcel of land located in Section 16. Township 79 North, Ronge 6 West, of the 5th Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which ore described os follows: Beginning ot the Northeasterly corner of Lot 1, Southside Addition, Iowa City, Iowa es recorded in Boo~ 29, Page 48 of the Records of the Johnson County ReeDfriar's Office; Feenee S74.'28'00'W along the North line of said Southside Addition, 208.45 feet to the Northwest comer of Lot 3, said Southside Addition; ]hence N00'50'00'[, .34.39 feet to apelet along the centerline of 01d lewd High,~oy t11; 'Pnence N74'28'00"E along said centerline, 208.45 feet; hence S00'50'00'W, 34.39 feet to the Point of Beginning. Said parcel of land contains 6879 square feet, more or less, end is subject to ensernents end restrictions o! record. O~ t~ 30 I hereby certify that this plot prepared by me or under my direct supervision. is o correct representation of the survey made with oll comers rearkeri os indicated, end that I am a duly registered Land Surveyor under the laws of the State of leWD. "1 IA. Rag. No. 8165 0 o D. Melsner, P.E. & LS. My Biennial Registration expires December 31, 1997. before me this // day of///~[I/[ ,1996. Slgqed Ill/ !,, .'.. · ~Notary Public, in & for the State of Iowa ~ Ron Mason o~c~ ~ Plat of Survey D P~IY LI~ £A ~,[ BEP PROPRIETOR: STATE OF IOWA LEGEND AND NOTES U~ILES5 N01D) 0,'Y, DTakS~ klJ. 0~DIS~NS ,fiJ[ IN ~ Nil) State of Iowa A - COtIORF. S~ONAL CORNrE, FOgNO e - PROPERI~ CORNER(S), F~NO o - ~0P~W ~NER(S). FOUNO ~ - PROP~W ~AL ~C~ON UNES R~T-~-WAY UN~ ~R UN~ LOT UN[S. IN~RNAL LOT UNES. P~ OR BY ~EN~ UNES, ~0~ (u) - U~R~ - ~R~ Iowo City, Iowo 519- ~51-~282 433 5948-002 City of Iowa City, IA Section 16-T7gN-R6W-5th P.M. ~, CDM i IO -- I~;ALC ~05-25-96 1"=30' Prepared by; Rick Fosse, C~ty Engineer, 410 E. Washington St.. iowa C~ty, IA (319)356-5143. PERMANENT SANITARY SEWER, STORM SI WATER MAIN EASEMENT AND THIS AGREEMENT, made and entered into by and between the City of Iowa City, Iowa, a municipal corporation, In consideration of their mutual promises herein, 1. The Owner here~¥ grants and conveys purpose of excavati[~g for and ' ~e in such sanitary sewer,'storm sewer and "public improvements'~,as the City adequate protection th6[eof and al thereto, over, through an~ Exhibit A attached "Easement Area"). ~ as "Owner", and and City agree as follows: City a permanent easement for the replacement, maintenance and use of main (hereinafter collectively referred to as from time to time, elect to use, together with a fight-of-way with right of ingress and egress Parcel 96030, as shown and described on this reference made a part hereof (hereafter The Owner further grants uses: the following fights in connection with the above The dght, from time tdm and cut down and clear away all trees and brush on the rich now or hereafter, in the opinion of the City, may be a h; said Easemi~ot Area, or which may interfere in any manner with the Cit~exercise of its dghts~erein. The rig 3 ler onto land beyond tt~-t Easement Area and conduct emergency repair :t'ay extend minimally b..e.y~l~d the Easement Area, without obtaining a ~ ~ tem, porary easement. City s~,ght to do such work shall be effective on City s prior notice to Owner, an~,with minimal disruption of area. In of such emergency repair, (.;~ty to restore said area subs[an- to its pdor condition, as set forthraph 2 below. The shall promptly backfill any trench made by it, City within the Easement Area, including any or use of the Easement Area. The City shall e which occurs as a result of the City's acts rights herein. Once the Easement Area has been prior condition and except as expressly provided in this shall have no responsibility for maintaining the Easement Area. repair any damages caused by vir{ue of future Owner against loss in the exercise of its p~etely restored to its reement, the City The Owner and City acknowledge that Owner reserves the right Area for purposes which will not interfere with the City's full en hereby granted; provided, that the Owner shall not erect or construct other structures; ddll or operate any well; construct any reservoirs or on said Easement Area; and will r~ot diminish or add to the ground Easement Area. said Easement of its rights building or ~ctions said 2 _o~YnefUrther agrees that nothing in this Easement Agreement shall in any way preclude r from causing, allowing or permitting streets, roads or utilities to cross the Eas~ent Area. / T.h.e. provisions hereof shall inure to the benefit of and bind the successors and {;signs of the respective parties hereto; shall be deemed to apply to and run with t: ~d and with the titl~e to the land; and shall be recorded in the Johnson County Recon Office, at Owner's'expense. SIGNED this day of CITY Of Iowa hoJTY. IOWA B & S PROPERTl[ By:or'r~ Naomi J. Novick, May , By: Madan K. Karr, City Clerk ~ Davis Approved by Owner City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this da of 19 before me, ,~a Notary P~blic in and ior the State of Iowa, personally Naomi J. NovicK ana Madan'~K. Kerr, to me personally Known, ana, who, being by me dul ,m, did say that they are the I~ayor and City Clerk, respectively, of the City of Iowa City, ; that the seal affixed to the fo¥~going instrument is the corporate seal of the ;orpor§t~,n, and that the instrument was sig~ed and sealed on behalf of the corporation, by a,,uthc rit3 of its City Council, as contained'i~ (Ordinance) (Resolution) No. /pas~e~ by the City Council, on ~the day of ~ , 19 , and that Naomi J. ~ovick and Marian K. Kerr acknowled J the execution of the instrument to be their volu~,tary act and deed and the voluntary and deed of the corporation, by it voluntarily execut~ Notary Public in and for theWS ~e of Iowa \ 3 TAT~~J~ IOOWNERS' ACKNOWLEDGEMENT S WA )) ss: JOHNSON ~C,~UNTY ) On this ~],ay of ,19 , before me, the in and for the S~te of Iowa, personally appeared personally known,~,who being by me duly sworn, did say that of --, , an Iowa the instrument was ned on behalf of the partnership partner the execution of the partnemhip by it, and the partner voluntarily ined, a Notary Pub. lic , to me is one of the partners Partnership, and that of the partners; and the the voluntary act and deed of the pweng~easement~b&sprope.eas Notary Public in and for the State of Iowa SET CUT I~ C~C~E~ PAV[klENT SET CUT ~N CONCR£TE PAV[IAENT POINT OF BEGINNING LOT 2 X ~..~O'N~ Y, RISTINE LWALTER J Y COMMIS~ION EXPIRES OECEMBER 5.1~7 I certify that during the month of March, 199~, o.t the direction of Ran Mason, o survey was made under my ~irect supervision of a ~ parcel of land located in Section 16, Town~hlp 79 North, Range 6 west, of the 5th Principal IVierldlon, Iow.~ City, Johnson County, Iowa, the boundaries of which ore desToed 08 follows: ~ ~ Beginning at the Northeasterly corner/bf Lot 1, Southside Addition,0 815~) Iowa City. Iowa as recorded ? Book ~9, Page 48 of,th~ Records of (~P'J~I~C]._S~_~-~L? ~ ~ the Johnson County Recorders Office, Thence S74'2800 W along the = North line of said Southside Additl~'n, 208.45 feet to th.e. ?.or[hwest comer of Lot 5, said Southside Addition; hence N00T----------------oO 00 E, 34.39 feet to o point o ong the centstit'ns of 01d Iowa Highway ~1; '[he.n,,~e PRIETOR: STATE OF IOWA N74'2B'00'E along said cantarBors, 208.45 feet; Thence 500'50'00 W, 34.3~ feet to the Point of .~/¢nnlng. Said parco~ of ,a,d contains LEGE [D AND NOTES 6879 square feet, more or/less, and 1o subject to easements and restrictions of record? A (~0NGREf.q~IONAL CORND~, FOUND · P~0PE~rr CO~,£R(S), FOU,0 I hereby certify that thl~/ pl0t prepared by me or under my direct o pRg.OERTY Co~r_R(S). F0UN0 ~- PR0:P[R]Y ~./or 80UNOARY UN£S superrison, IS o corre~ representorion of the survey mode with ..... C0~GaES~0NAL S[CI]01 U~IES oil comers marked os/indicated, and that I am o duly registered -- - ~a~T-~-WA¥ U,ES Land Surva~or under/t~e laws of the State of Iowa. -- ~ Clg~, ua£s LO~ L-~[$, INTERNAL ,.. ,'~ ,./~ '.. '%..~.-9~ I aT I I)dF.C;. PLATTED 0R RY 0FF0 POINT OF BEGINNING LOT 2 LOT 1 ,,--,...--,. )T I certify that during the month of March, Run Mason, e survey was mode under parcel of land located in Section 16, West, of the 5th Principal Marldion, Iowa, the boundaries of which ore the direction of supervision of o 79 North, Ronge 6 City, Johnson County, OS follows: Beginning at the Northeasterly corner Lot 1, Southside Addition, Iowa City. Iowa os recorded In Book Page 48 of.the. Records of the Johnson County Recorder'e lhence S74'2800 W along the North line of sold Southside comer of Lot 3, sold Southside feet to opotnt along the N74'28'OO"E along sold 34.39 feet to the Point of 6879 square feet, mere or restrictions of record. 208.45 feet to the Northwest Thence NOOT-~'OO'E. 34.39 of Old Iowa Highway ~1; Thence 208.45 feet; Thence SO0'50'00"W. Said parcel of lend contains end Is subject to easements end I hereby certify that thl supervision, Is o oil comers marked Lend Surveyor under .3c_ ./). Glen O. Meisner, My Biennial Signed ~Notary g ® ~/x,~/~ ~ ~ ~) ~ P~h' Lt~ ate BEP prepared by me or under my direct of the survey made with and that I am o duly registered laws of the State of iowa. ES. IA. Re(]. NO. 8165 expires December ,31, 1997. this,,'" doy of in ~ for the State of iowa Ran Mason ~ Plat of GDM KRIST1NE L WALTER COMMISSION EXPIRES DECEMBER 5. t991 Survey City of Iowa City, IA Section 16-1-/9N-R6W-Sth P.M. RIETOR: STA~ OF IOWA LEGEND AND NOTES · - ~OP~ C~NER(S). ..... ~N~AL ~C~ON UN~ ...... ~-~-WAY - LOT ~ES, IN~RNAL - LOT U~ P~ O~ 8Y - ~T UN~, ~O~ & PURPOSE NO~ store of Iowo ~' ~ ~ ~ C0~s~=, ]~c. ~ Iow~C~ty, Iowa 3948-002 Prepared by: Charles Schmadeke, D~rector of Public Works. 410 E. Washington St., Iowa City, IA 52240 (319) 356-141 RESOLUTION NO. 96-92 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE N]AYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COIViPANY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER PEDESTRIAN TRAIL FRON1 PARK ROAD TO TAFT SPEEDWAY WHEREAS, the City of Iowa City will be extending a water main from Jordan and Silurian wells to the Iowa City Water Supply and Treatment Facility; and WHEREAS, the location of the water main will, in part, follow a route along the west side of Dubuque Street from Park Road to Terrell Mill Park, which will result in the removal of the existing sidewalk and asphalt shoulder; and WHEREAS, the City also desires to expand the pedestrian river trail from a point 250 feet north of Park Road centerline to Taft Speedway, and to install curb and gutter from Kimball Road to Terrell Mill Park; and WHEREAS, combining these two projects will provide substantial savings to the City; and WHEREAS, the City of Iowa City desires to contract for the design of and bid letting for the curb and gutter, a pedestrian trail, and extension of the box culvert near Park Road, together with construction observation and administration services, construction staking, and preparation of record drawings; and WHEREAS, an agreement for professional engineering services has been negotiated with Howard R. Green Company of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement, in duplicate. Resolution No. 96-92 Page 2 Passed and approved this 9th day of April ,1996. ATTEST: ~ CITY' CLERK MAYOR Approved b~, Office ~z'~.5--~'( It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X --7-- Kubby ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 18th day of Apri 1 , 1996, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "the City," and Howard R. Green Company of Iowa City, Iowa, hereinafter referred to as "HRG." WHEREAS, the City desires Consulting Engineering services as necessary to prepare contract documents and specifications, assist in the bid letting, provide construction staking, observation, and contract administration, and prepare record drawings, to expand the pedestrian river trail along Dubuque Street from a point 250 feet north of Park Road centerline to Taft Speedway, installing curb and gutter from Kimball Road to Terrell Mill Park and extension of box culvert near Park Road (hereafter "Project"). NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with HRG to provide services as set forth herein. I, SCOPE OF SERVICES HRG agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. This Scope of Services includes preparation of contract documents, bid letting assistance, construction staking, observation, and contract administration, and preparation of record drawings, for the expansion of pedestrian river trail project described above. The Scope of Services is described in detail below. A. CONTRACT DOCUIV]ENTS AND BID LETTING Task 1. Desicon Outline This task consists of meeting with key participants to finalize general project goals and establish design parameters. HRG shall consult with the City to~:larify and define City's requirements for the Project and review available data. The City shall furnish to HRG full information with respect to the City's requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available pertinent existing data. HRG shall obtain the City's concurrence on conceptual design criteria and probable Project costs. Curb and gutter requirements Utility adjustments Storm drainage design criteria Site grading/earthwork requirements Preliminary construction details Seeding/sodding Traffic control Bike trail route through Terrell Mill Park 2 Task 2. Survey and Mappinq This task consists of field surveys and drafting required to obtain the necessary topographic data, ground elevations, and cross-sections required to establish the existing conditions and proceed with the design development and design of the project. Task 3. Preliminarv Desiqn Plans This task consists of drafting and plotting the features of the preliminary design onto base mapping developed in Task 2 above. Following base mapping, a preliminary design review will be held with the City. The review will consist of a site visit and walk through by representa- tives of HRG and City for the purpose of discussing and finalizing the various aspects of the Preliminary Design. Task 4. Final Plans Based upon results of the preliminary design review, HRG shall proceed with final design, contract drawings, specifications, and estimates for the award of the Contract for the construction of the proposed improvements as defined and described in the preliminary design. The plans and specifications shall describe in detail the work to be done, materials to be used, and the construction methods to be followed. HRG shall provide copies of the plans and specifications for review by the City and other necessary agencies. Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. HRG shall provide technical criteria, written descriptions, and design data for the City's use in filing applications for permits with regulatory agencies having jurisdiction to approve the Project, and assist the City in the consultations with regulatory agencies. HRG shall secure all permits on behalf of the City. HRG shall provide the City with the following design items, as required: Final Tvpical Section and Pavement Desiqn - This item consists of final design and drafting of typical cross-sections to be utilized for the roadways and parking areas. This item also includes final design of the pavement structures including type and thickness, full-depth patching, subbase design, curb and gutter design, subdrainage design, and necessary storm sewers. Final Bike Trail Desiqn - This item consists of the final design and drafting of the bike trail plan and profile sheets, including the detail information required for plan approvals, permitting and construction of the proposed improvements. Final Curb and Gutter Design - This item consists of the final design and drafting of the curb and gutter, including the detail information required for plan approvals, permitting and construction of the proposed improvements. 3 Final Desi.qn Cross-Sections - This item consists of the final design and drafting of individual cross-sections for the project. Cross-sections will be designed and drawn at 50 foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground olevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. Final Construction Details - This item consists of project specifications, final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. Task 5. Permittinq Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities, and secure all necessary permits. Task 6. Opinion of Probable Construction Cost HRG shall prepare a preliminary Opinion of Probable Construction Cost for the Project. An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of the plans and specifications. The Opinion of Probable Construction Cost is intended for the use by the City in financing the Project. Task 7. Advertisement for Bids HRG shall assist in the preparation of the notice to contractors and shall provide five (5) plans and specifications to the City. Publication costs shall be borne by the City. HRG shall be available to answer questions from contractors prior to letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. Task 8. Award of Contract HRG shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the City, shall advise the City on the responsiveness of the bidders, and assist the City in making the award of contract. After the awards are made, HRG shall assist in the preparation of the necessary contract documents. B. CONSTRUCTION ADIV]INISTRATION, OBSERVATION, AND SURVEYING Task 1. Preconstruction Meetinq HRG shall conduct a preconstruction meeting after award of construction contract for the City's Contractor, subcontractors, and utility companies. 4 Task 2, Construction Administration HRG shall consult with and advise the City and act as City's representative. All of City's instructions to the Contractor will be issued through HRG, who will have the authority to act on behalf of the City. HRG shall provide: Clarification or interpretation of plans, specifications, and instructions to the Contractor, and assistance in resolving conflicts that arise in performance of the construction work. Review shop drawings and other submittals for conformance with contract plans and specifications. Coordinate the work with the public, adjacent property owners, and water main construction. Prepare estimates of work completed and review partial payment requests submitted by the Contractor. Prepare extra work orders as needed by changing conditions or other circum- stances encountered on the project. Perform a final review of completed construction and prepare a project "punch list" of incomplete or deficient items in the performance of the work. Prepare a tabulation of final quantities of work, and provide recommendation for acceptance of completed work. Prepare press releases. Coordinate site visits involving Contractor, utilities and other interested parties. Prepare construction record drawings of the actual location of improvements and fixtures. Task 3. Construction Observation Field test materials incorporated into the project and prepare written reports that document compliance or non-compliance of construction materials. Inspect the performance of construction work and advise the Contractor and the City of non-complying work or materials incorporated into the project. Maintain proper documentation of quantities of work completed, materials installed, and work progress. Prepare weekly report of working days and daily diary. · Conduct a final inspection of the completed work to determine if the work is substantially complete and acceptable, and provide a written report to the City. Task 4. Construction Stakinq The work to be performed by HRG under Task 4, Construction Staking, shall include qualified personnel, equipment, and supplies required for the following: A. Storm Sewers, Intakes, Open Ditches, and Structures Centerline offsets and flow line elevations. Location, back of curb and elevations of top of base for intakes and structures. B. Portland Cement Concrete Curb and Gutter Elevations at 25 ft. intervals. C. Bike Trail Centerline offsets. Elevations at 25-foot intervals. The above task consists of providing one-time construction staking to establish the line and grade of the proposed improvements. Additional survey is avadable at HRG's standard hourly rates. II. TIIV]E OF COMPLETION HRG shall complete the following phases of the Project in accordance with schedule shown. It is the City's desire to complete the bike trail at Dubuque Street during the 1996 construction season. The schedule for providing the consulting engineering services identified in this contract shall be to accommodate the following target dates for the work tasks indicated. Complete draft contract documents and construction specifications for review by City Engineering staff Complete final documents and place on file with Iowa City City Clerk July 15, 1996 Award construction contract(s) July 29, 1996 Commence construction August 5, 1996 June 15, 1996 6 III. GENERAL TERMS HRG shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, martial status, sexual orientation or gender identity. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this Agreement, HRG shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to HRG. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of HRG by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but HRG shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by HRG for the project shall be available by said City upon reasonable request to HRG. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, HRG shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to HRG to assure attendance. HRG agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by HRG pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, HRG shall not be liable for the City's use of such documents on other projects. HRG agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 7 The City agrees to tender HRG all fees in a timely manner, excepting, however, that failure of HRG to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. HRG shall be allowed to keep mylar reproducible copies for the HRG's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES The lump sum fee for the consulting engineering services required to produce the work identified in Section I, Scope of Services, are as follows: Contract Documents and Bid Letting Section A $27,000.00 Construction Administration and Observation and Construction Staking Section B (Tasks 1, 2 and 3) Section B {Task 4) $15,400.00 $ 6,600.00 Total Fees: $49,000.00 HRG should bill the City monthly for services rendered. Payment shall be due and payable within thirty {30) calendar days of the City's receipt of invoice. V. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. Jt is further agreed that there are no other considerations or monies contingent upon or resul',ing from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. 8 FOR THE CITY FOR THE CONSULTANT Naofni J. hi'ovid:k, Mayor Date: Apri'l 9, ].996 By: ~,4,,4//.-~ - .- Ral , P.E. Date: Approved by __ Cit~ Attorney s Office Prepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 96-93 RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SCOTT BOULEVARD SANITARY TRUNK SEWER PROJECT, WHEREAS, the City of Iowa City desires to install the Scott Boulevard Sanitary Trunk Sewer Project {"Project") which includes eliminating the Village Green and Heinz lift stations, in order to provide sanitary sewer service to a portion of the Southeast area of Iowa City; 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, the City's consultant, MMS Consultants, 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 BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Scott Boulevard Sanitary Trunk Sewer 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 PrnjP. ct con.~titutes a valid public purpo.~e under ,state _~nd federe! I_~w. 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. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest warranty deeds, quit claim deeds and/or easement agreements for recordation in the Johnson County Recorder's Office, at City expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 96-93 Page 2 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 condemna- tion 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 9th day of ^pril ,1996. ATTEST:c~ ~, -~-~f~) It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thot-nhptm.,v the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick __ Thornberry Vanderhoef DEFEATED Prepared by: Kim Johnson. Public Works Secretary. 410E. Washington St. Iowa Cit¥,lA 52240(319) 356- 5140, RESOLUTION NO. RESOLUTION AIVIENDING AGREENIENT BETWEEN TRINITY EPISCOPAL CHURCH AND CITY OF IOWA CITY, IOWA FOR USE OF PUBLIC RIGHT-OF- WAY FOR PORTIONS OF GILBERT AND COLLEGE STREETS IN IOWA CITY, IOWA WHEREAS, pursuant to Resolution No, 95-163, Trinity Episcopal Church and the City of Iowa City, Iowa entered into a "License Agreement" whereby the City gave Trinity Episcopal Church permission to use public right-of-way during renovations and construction of a new addition to its facilities, which agreement was signed June 27, 1995; and WHEREAS, Trinity Episcopal Church now desires to obtain a sixty {60) days extension for continued use of public right-of-way in order to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, the City Engineer has reviewed the proposed time extension and finds that Trinity Episcopal Church's request to obtain a sixty (60) day extension will not adversely affect the City's interest therein; and WHEREAS, Trinity Episcopal Church has agreed to safeguard and protect trees within the City right-of-way along College Street adjacent to Trinity Episcopal Church's property as dictated by the City Forester in Exhibit B; and WHEREAS, the Amendment permits the continued temporary closure of a portion of the sidewalk, and temporary use of right-of-way along the north side of College Street between Gilbert and Linn Streets; and WHI:HEAS, the Amendment rescinds permission to allow Trinity Episcopal Church to temporarily erect a barricade eight (8) feet off the curb line adjacent to their property along the north edge of College Street; and WHEREAS, Trinity Episcopal Church has agreed to enter into an amendment to the License Agreement for use of public right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Amendment to the License Agreement attached hereto is in the public interest, and is hereby approved as to form and content. Resolution No. Page 2 DEFEATED Subject to execution of the Amendment to the License Agreement, which is attached hereto, together with Exhibit B, Trinity Episcopal Church is hereby authorized the continued closure of a public sidewalk and use of public right-of-way located on the north side of College Street between Gilbert and Linn Street in Iowa City, Johnson County, Iowa. The Mayor is hereby authorized to sign and the City Clerk to attest the Amendment to License Agreement; and upon recommendation of the City Attorney's Office, the City Clerk is hereby directed to record this resolution and Amendment to License Agreement which is marked Exhibit A, all such documents to be recorded in the Johnson County Recorder's Office, at Trinity Episcopal Church's expense. Passed and approved this .day of ,1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR Approved by .. C ty Attorney s Off ce and seconded by AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AiV]ENDIV1ENT TO EASEiVIENT AND LICENSE AGREENIENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND TRINITY EPISCOPAL CHURCH FOR PORTIONS OF GILBERT AND COLLEGE STREETS, IOWA CITY, IOWA This Amendment to Easement and License Agreement, approved by City of Iowa City, Iowa Council by Resolution No. 95-163, is made by and between Trinity Episcopal Church, herein after also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as "City." WHEREAS, pursuant to Resolution No. 95-163, Trinity Episcopal Church and the City of Iowa City, Iowa entered into a "License Agreement" whereby the City gave Trinity Episcopal Church permission to use public right-of-way during renovations and construction of a new addition to its facilities, which agreement was signed June 27, 1995; and WHEREAS, Trinity Episcopal Church now desires to obtain a sixty (60) days extension for continued use of public right-of-way in order to secure the construction site from pedestrian and vehicular traffic to assure safe passage of such traffic in the area; and WHEREAS, the City Engineer has reviewed the proposed time extension and finds that Trinity Episcopal Church's request to obtain a sixty (60) day extension will not adversely affect the City's interest therein; and WHEREAS, Trinity Episcopal Church has agreed to safeguard and protect trees within the City right-of-way along College Street adjacent to Trinity Episcopal Church's property as dictated by the City Forester in Exhibit B; and WHEREAS, the Amendment permits the continued temporary closure of a portion of the sidewalk, and temporary use of right-of-way along the north side of College Street between Gilbert and Linn Streets; and WHEREAS, the Amendment rescinds permission to allow Trinity Episcopal Church to temporarily erect a barricade eight (8) feet off the curb line adjacent to their property along the north edge of College Street; and WHEREAS, Trinity Episcopal Church has agreed to enter into an amendment to the License Agreement for use of public right-of-way. NOW, THEREFORE, in mutual consideration of promises herein, Trinity Episcopal Church and the City of Iowa City agree as follows: 1. The License Agreement entered into June 27, 1995, is hereby amended as follows: The duration of the Agreement (paragraph 7) is amended to extend the easement period for sixty (60) days from April 9, 1996, but no later than June 15, 1996. Permission for Trinity Episcopal Church to barricade eight (8) feet off the curb line adjacent to their property along the north edge of College Street as set forth in paragraphs 2, 3 and 4 of the original agreement is hereby rescinded. 2 This area must immediately be returned to its prior condition, as specified in the original License Agreement. Trinity Episcopal Church agrees to abide by the requirements set forth by the City Forester in Exhibit B attached hereto, in order to safeguard the condition and preservation of trees located within City right-of-way adjacent to Trinity Episcopal Church's property along the north side of College Street between Linn and Gilbert Streets. The remaining portions of the original agreement shall remain in full force and effect in its entirety, as recorded in Book 1929, page 4, in the Johnson County Recorder's Office. 4. This Agreement shall also be recorded, at Trinity's expense. Dated this day of , 1996. CiTY OF IOWA CITY, IOWA TRINITY EPISCOPAL CHURCH By: Nac~mi J. I~ovicl~, Mayor ATTEST: Marian K. Karr, City Clerk ity ~ttorney s Office c/c'~ ,.~?,~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 3 STATE OF IOWA $s: JOHNSON COUNTY Onthis ~"~ dayof ~::D~'k\ ,A.D. 19~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared .-~O~ ~O~_'~ and /~l/~t , to me personally known, wh.o, being by me duly sworn, did say that they are the I'~\,N and ._~,,~ ~ , respectively, of Trinity Episcopal Church, the non-profit corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said /~\^ and .~ b,.~.5~, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for-said County and State THERESA COZINE My Commission Expires Janua~] 25, 1999 Exhibit "B" CITY OF IOWA CITY PARKS AND I~ECREATION DEPARTMENT MEMOl~h~/~ D~ TQ: Rick Fosse FROM: Terry Robinson DATE: March 29, 1996 RE: Trinity Episcopal Trees Regarding the trees at Trinity Episcopal Church, I have outlined below the steps which should be taken immediately to help the trees. Any and all material, soil, rock, wood, brick, etc. that have has been piled or added above the original soil level should be removed. Packed soil or rock within three feet of the tree trunks should be removed BY HAND to eliminate any possibility o~ further damaging trunks or roots. e The damage from the soil compaction that has occurred may be irreversible, but we should try. The soil needs to be deeply aerated over a large area. To accomplish this a grid system of holes two inches in diameter, 14 to 18 inches deep on two foot centers should be drilled around the trees. The holes should begin four feet from the trunks and should include all the compacted area along the College Street side of the church. The holes should be refilled with a 50/50 mixture (this may need to be adjusted depending on the brand of pea~) of sphagnum peat moss and perlite. The mixture sometimes binds in the hole before it is filled. Forcing it into the hole is acceptable but under no circumstances should it be tamped tightly. o The entire area for the length of the property should be fenced at the back of the curb and the edge of the sidewalk. This does not include the construction access which is discussed later. TO: FROM: RE: DATE: Rick Fosse Terry Robinson Trinity Episcopal Trees March 29, 1996 e Either before or after the fence is installed the area noted in number 3 should be mulched with shredded bark or wood chips. The Forestry Division may provide the · needed chips if they have sufficient quantities to meet other city needs first. If not, the chips may be acquired locally. The mulching material must be approved for use by the City Forester in advance. One construction access area should be left unfenced. The most logical location would be on the east end between the last two trees. All the previously mentioned steps should also be taken in this area prior to the final step of covering it with six to eight inches of wood chips. This will help to reduce further compaction while work is still underway. These chips should be raked and leveled each day as they will be dislodged byrepeated traffic. -2- AMENDMENT TO EASEMENT AND LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND TRINITY EPISCOPAL CHURCH FOR PORTIONS ~,GILBERT AND COLLEGE STREETS, IOWA CITY/; IOWA This Amendment to Ease'r~ent and License Agreement, approved by City Iowa Council by Resolution No. 9 ~-163, is made by and between Trinity Episcopal, herein after also referred to as er", and the City of Iowa City, Iowa, a munici Corporation, hereinafter referred to as WHEREAS, pursuant City, Iowa entered into a Church permission to use public addition to its facilities, which No. 95-163, Trinity Episcol Agreement" whereby the Cit ~, during renovations ~ent was signed June 27, Trinity Episcopal construction of a new and WHEREAS, Trinity Episcopal Church continued use of public right-of-way and vehicular traffic to assure safe ~w desires to obtain ,rder to secure the ge of such traf' (60) days extension for site from pedestrian the area; and WHEREAS, the City Engineer has reviewe Episcopal Church's request to obtain City's interest therein; and and finds that Trinity extension will not adversely affect the WHEREAS, Trinity Episcopal Church has ~ right-of-way along College Street adjacent, by the City Forester in Exhibit B; and ~ WHEREAS, the Amendment permits,.(he sidewalk, and temporary use of righf-of-way alon! Gilbert and Linn Streets; and to safeguard and protect trees within the City nity Episcopal Church's property as dictated temporary closure of a portion of the he north side of College Street between WHEREAS, the Amendment r~scinds permission temporarily erect a barricade eight (8) feet off the the north edge of College Street; and allow Trinity Episcopal Church to line adjacent to their property along WHEREAS, Trinity Episcopal Church has agreed to enter ~to an amendment to the License Agreement for use of. public right-of-way. ~ NOW, THEREFOR.E,, in mutual consideration of promises hereil~, Trinity Episcopal Church and the City of Iowa C~ty agree as follows: ~ 1. The Li?ense Agreement entered into June 27, 1995, is hb~by amended as follows: a. The duration of the Agreement (paragraph 7) ismmended to extend the easement period for sixty (60) days from April 9, 1996, but no later than June 15, 1996. Permission for Trinity Episcopal Church to barricade eight (8) feet off the curb line adjacent to their property along the north edge of College Street as set forth in paragraphs 2, 3 and 4 of the original agreement is hereby rescinded. 2 This area must immediately be returned to its prior condition, as specified in the original License Agreement. Dated this day of CITY OF IOWA CITY, c. Trinity Episcopal Church agrees to abide by the requirements set forth by the City Forester in Exhibit B attached hereto, in order to safeguard the condition and pres'~rvation,of trees located within City right-of-way adjacent to Trinity Episcopai~Church s property along the north side of College Street between Linn and Gilbeft~Streets. The remaining por~ons of the original agreement shall remain in full force and effect in its entirety, as recorded in Book 1929, page 4, in the Johnson County Re~order's Office. \ / \ . / This Agreement shall ~lso be recorded, at Trinity s expense. , 1996. TRINITY EPISC~I'PAL CHURCH By: Naomi J. Novick, Mayor ATTEST: Marian K. Karr, City Clerk App, ovedy [:ity Attorney s Office By: Sharon McDonald / STATE OF IOWA ) I ss: JOHNSON COUNTY ) / / / On this day of ,/ ,~9 , before me, ?" , a Notary Public in and\for the State of Iowa, personally appeared Naomi J. No.,v~ck and Marian K. Karr, to me perynally known, and, who, being by me duly sworn, did?ay that they are the Mayor and City~;lerk, respectively, of the City of Iowa City, Iowa; t.hat the seal affixed to the foregoing instr0[nent is the corporate seal of the corporation, and.that the instrument was signed and sealed ~n behalf of the corporation, by authority of its City Council, as contained in {Ordinance) {Resol~ion) No. passed by the City Council, on the day of ~ , 19 , and that Naomi J. ,Novick and Marian K. Karr acknowledged the execution ~f the instru'-~ent to be their voluntady 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 3 STATE OF IOWA ) ] ss: JOHNSON COUNTY ) ~n this.. day~ ,A.D. 19 ., before me, the undersigned, a otary t~ublic in and~or the State of Iowa, personally appeared and \ , to me personally known, who, beino bv m'e duly sworn did say that they are the, and ~ ','?esne~ivel, o~ Trinity Episcopal Churchly, the non-profit corporation executing the withiF/an~ foregoing instrument, that said instrument was signed on behalf of said corporation I~y authority of its Board of Directors; and that,,he said and / as such officers acknowledged the e~ecution of said instrument to be the voluntary act and deed of said corporation, by it and by~t~em voluntarily executed. ? Notary Public and for said County and State pwadmJn~tn~ty.agt McComas. Lacina Construction General Contractors City Cotmcfl Members City oflowa City RE: Amendmera to Resolution No. 95-163 Usage of Public Right of Way April 5, 1996 Dear Council Member, I rexluest on behulf of my company, McComas-Lacina Constructloft, that the resolution before you be amended. The amendment would allow us to continued usage o~ the Gilbert Street easemere until two days before the Burlington Street detour is implemented. This would have a large influence on my project since we are in the final stages of construction and have many people and materials on site and no storage areas. Any help that you may offer will be greatly appreciated. Thank you. I will gladly answer any questious that you may have tegaxdtng these proposals. I can be reached during normal business hours a 338-1125. 1310 High!and Courl Iowa C~ly. Iowa 52240 ie,ep,hoae :319) 338-I',25 FAX (319) 338 5964