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HomeMy WebLinkAbout1996-09-10 ResolutionRESOLUTION NO. 96-261 RESOLUTION APPROVING COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development has authorized funding for 1996 Comprehensive Improvements Assistance Program {CLAP) funds; and WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the Department of Housing and Urban Development to administer a Certificate, Voucher and Public Housing Progr. ams; and WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City would benefit from the Comprehensive Improvements Assistance Program funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said certifications and agreements {attached), and Budget to the Department of Housing and Urban Development for ClAP funds. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this loth day of September , 1996, MAYOR CITY-CLERK City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X .X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Acting on behalf of the City Council of the City of Iowa City, as its Mayor, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD): The Housing Authority (HA) will comply with all policies, procedures, and requirements prescribed by HUD for modernization, including implementation of the modernization in a timely, efficient, and economical manner; t The HA has established controls to ensure that any activity funded by the ClAP is not also funded by any other HUD program, thereby preventing duplicate funding of any activity; The HA will not provide to any development more assistance under the ClAP than is necessary..to provide affordable housing, after taking into account other government assistance provided; The proposed physical work will meet the modernization and energy conservation standards under 24 CFR 968.115 or 24 CFR 905.603; The HA will comply with applicable civil rights requirements under 24 CFR 968.110(a) or 24 CFR 905.115, and, where applicable, will carry out the modernization in conformity with Title Vl of the Civil Rights Act of 1964, the Fair Housing Act, and Section 504 of the Rehabilitation Act of 1973; The Public Housing Authority (PHA) has adopted the goal of awarding a specified percentage of the dollar value of the total of the modernization contracts, to be awarded during subsequent FFYs, to minority business enterprises and will take appropriate affirmative action to assist resident-controlled and women's business enterprises under 24 CFR 968.110(b); or the Iowa Housing Authority (IHA) will, to the greatest extent feasible, give preference to the award of modernization contracts to Indian organizations and Indian-owned economic enterprises under 24 CFR 905.165; The HA has provided HUD with any documentation that the Department needs to carry out its review under the National Environmental Policy Act (NEPA) and other related authorities in accordance with 24 CFR 968.110(c), (d) and (m) or 24 CFR 905.120(a), (b), and (j); The HA will comply with the wage rate requirements under 24 CFR 968.110(e) and (f) or 24 CFR 905.1201c) and (d); The HA will comply with the relocation assistance and real property acquisition require- ments under 24 CFR 968.108 or CFR 905.117; 10. The HA will comply with the requirements for physical accessibility under 24 CFR 968.110(h) or 24 CFR 905,120(f); 11. The HA will comply with the requirements for access to records and audits under 24 CFR 968.110(i) or 24 CFR 905.120(g); 2 12. 13. 14, 15. 16. The HA will comply with the uniform administrative requirements under 24 CFR 968.110(j) or 24 CFR 905.120(h); The HA will comply with lead-based paint testing and abatement requirements under 24 CFR 968.110(k) or 24 CFR 905.120(i); The HA has complied with the requirements governing local/tribal government and resident participation in accordance with 24 CFR 968.215(b) and 968.220 or 24 CFR 905,618(b) and 905,624 and has given full consideration to the priorities and concerns of local/tribal government and residents; The HA will comply with the special requirements of 24 CFR 968.102 or 24 CFR 905.602 with respect to a Turnkey III development; and The PHA ~vill comply with the special requirements of 24 CFR 968.101{b){3) with respect to a Section 23 leased housing bond-financed development. Mayor U.S. Department of Housing lAP Budget/Progress 'Report .nd Urb.n Development ' '" ~rt h Summary Office of Pu~ic and Inclian Housing ~?pmhensive ImprovemerR Assistance Program (CLAP) OMB Appfov'aJ No. 257'7.0044 {exp. 1/31/96) · "tommt~x~ is estima~ to ~v~'aOe I?-o hou~ per n~onse. indud~g ~e t.'ne Ior mwewrng ms~ucoons. Searching ex~s~g cla~ soutoes. 9a~mk"~g and main~aJmng tim ~tata ,~,,)nd. end compf~ end revieuang ~ c~lec:~on of ~kx~wabon Sancl commen~ regarding ~s burman e~mate or any oO~er aspect ot m~c~l .lemon o! inlomnaeon. mc~udm9 ILUggeSBOnS ~ reducing ~rs buman. to R~ts~it~c~(~e~f~n~rma~nP~c:i~anc~Sy~s~rn~U~S~Depa(~n~H~1~gandUr~nD~e~nLW~h~t~n DC 20410.:lra0oancltotheO~ceolM=magementandBudgeLPaPenvo~ ~1~ (ZST7.OO~4). Wesringlo~ D.C. L~03, Do not ~ Ibis completed to('m to erbar o! l~ese ad~res~les. p~ooer.-u~tauon P~o~e= *4trmoe: kerM 10WA CITY HOUSING AUTHORITY CIVIC CENTER - q10 E WASHINGTON ST [] Prog~ Re~:~rt to~ pe~od Ending '~ o,,,~ F u~r, A~xo'~ 3 l&1O ~ 15,000 135~010 1~,375' 18,000 182,385 1996 [] ~ pro~ren Re~x~ Instructions for Preparation of F~rm HU0-52825, CIAP Budget/Progress. Re!~rt, Part I Report Subndsslon: For t~e C~ Bu~t: W~en n~luested ~ HUD, ~epam a s~st~ Fo~ HUD- 52825 (P~ I, 11 and I{{) far ~e.medem~ion program. de~g the a~s which =e pl=nn~ to be undedaken wffh ~e ClAP fun~ Sub~ ~e o~al and ~o copies (or any le~e~ nu~r of ~pias ~ s~c~ed by HUO} of this farrata ~e HUD Re~. On anas-ne~b~, subm~ a re~s~fo~wh~ the HUO~st~lish~t~resho~ requires pdor HUn ~oval to m~se the ClAP At ~he end of each six-month ~, co~le~e {he s~[ons of P~ I. 11 ~ ~1{ ~ no~ on s ~py =~ the o~inalor revised ClAP B~ and m~ the ~, P~e~ RepoK for Pe~od . Subm~ ~e fo~ and ~o ~ple= to HUO, t~her~ ~e na~{Ne c~ on ~agement ~ ~ ~l~le. Condnue re~ding eve~ six men{he u~l ~ ~ are ~d l: ~mma~ ~1~ I~o~: ~ ~ - Emer ~e n~e ot the Housing A~or~y (HA). M~m~lon pml~ ~m~r - ~er ~e undue Mod- emlzat~n Pm]~ numar das~na;~ for the ClAP granL ~b numar is ~ 1~ a~a nu~ c~e as teliowa: ~E ~e ~e (a~ha); ~lg~ ReU ~ code (nume~); p for Publ~ Hou~g or B for In~n Housing; thm~ HA nu~;thm~ G~ number, b~inning ~h the numar '~;a~ a ~o~ F~ nu~. ~e flint ClAP ~t ~mv~ shall be ~; e.g., VA05P03690193. ~e s~ CIAP'g~ ap~ sha~ be 902; e.g., VAOSP~690~. .' ~ of Gm~ A~i - ~ter ~e ~ T~ el ~slon - ~ ~e a~r~a~e ~{e ~e~erthe s~on ~ ~e Odg~ ~AP t~ R~ CIAP B~ (~ ~n ~L or the Total Funds Approved: Line 1 - Enter the Original Funds Approved by HUD, rounded to the nearest ten dollars, [or all work that w~11 be undertaken lrom non-ClAP funds. Enter zero if no work will be undertaken from non-ClAP lunds. After in~ial approvalby HUO, enter any cost decrease or increase in the Revised Total FJnds Approved column whenever a revised ClAP Budget is submitted In HU0 for review and approval Lines 2 through 12 - For each line, enler the Original Total Funds/~pprovad. rounded to the nearest ten dollars, or zero if no work will be undertaken in a particular development account. ARer initial approval by HUO. enter any cost decrease or increase in the Revised Total Funds Approved column whenever a revised CIAP Budget is submitted to HUn lot review and approval Line 13 - Amount of ClAP Grant - Enler the sum el lines 2 through 12 in the Original Total Funds Approved column. After in~ial approval by HUO, the sum of lines 2 through 12 in the Revised Total Funds Approved column may not exc?ed line 13 intheOrtginalTotal Funds Apfxoved column. Line 14 - Amount el line 13 Related to Lead-Based Paint (LBP) Testing - Enter the amount of line 13 related to LBP testirKJ In the Odglnal Total Funds Approved column and. as appropriate, in the Revised Tolal Funds Approved column. Line 15- Amounto~ fine 13 Relatedto L8 P Abatement - Enter the amount of line 13 relaled to LBP a~alement in the Original Total Funds Approved column and, as appropriate, ~n the Revised Total Funds Approved column. For example. ~f windows are being replaced, ash[mate ~l~a portion ol the funding which is directly related to LBP abatement. Line 16 - Amount n¢ line ! 3 Related to Section 504 Compli- ance - Eniac'the amount ot {'me 13 related to Section 504- compliance in the Odginal Total Funds Approved column and. as appropriate, In the Revised To{:H Funds Approved cotu~n. Total Fund,, Obllgated/F. zpended: At the end of the reporting padod, e.g., 3/31, for · modernization program for which funds are s~ being pendad, complete this sectinn. Lines 1 through t2 - For each line, enter the cumula' Total Funds Obligated and Expended at the end reporting period. Line 13 - Enrac the sum of lines 2 through 12 and expended. Lines 14 through "~ 5- For each line, enter the amount o! 13 fcr obligated and expended. Budget/Progress 'Report .- S ~ng Pages .-. _L~..P~3. imomv~ment Assistance program (CIAP) REPLACE; R~.FRIGERATOR$ (12 X 575) REPLACE GARAGE o00RS (1 X 550) REPLACE FLOOR COVERINGS (CARPET 8 X 2000 -- 16,O00) (VINYL. 9 X 1200 = 10,800) REPLACE STORN OOORS (3,1 X 120) CONCRETE REPAIR (1 X 15~000) TOTAL U.S. Department o! Housing ,,nd Urban Development Ch'tice ol Public and IndiaP. Housing Account FunasApprovad 1465.1 6,900 1~60 550 1~60 26~800 $~720 15~000 52,970 Funds Funds Instructions far Preparation of Form HUD..6282S, ClAP Budget/Progress Report, Part I1 Oeve~opml~t NumbM' - Enter the ~e~at~ (e.g~ VA-3~I ) of ~e developmen.ere ~e ~ Re~ ~ u~e~en. ~ter '~-~de" farwo~ Rems that relate ta ~ HA-~ a~iv~ (e.g.. ~nagement ~mpmvements, ed- ~n{~tian. non- ~l[Ing ~c~1on of Wo~ I~ - Fa~ each develop~nt I1~, enter a ~l~on at al~ wo~ ~ems ~h~l or ~anage- men~, as ~pl~e) that will ~ unde~aken at ~hat ~evel~ment. Inctu~lng wo~ that ~11 be fund~ ~h non- ClAP lugs a~ no ~ Re~. ~(orell~ng wo~Rems u~ed~en at other develo~e~. Ident~ wo~ ~ems ~hat ~1( ~ a~llsh~ by Force A~unt I~r by anteing (FA) In parenthesis ne~ to the we~ ~e~ AXer anteing all '~ ~e~ for all developers ~ing ~und~, enler a genm~ dec. Ion at HA-~e a~es. such as manage- ~n( I~mve~s, ~mlnlst~t~e ~s, ~u~menL ~en wo~ ~ems are su~ue~ ~e~t~. drew a line · ro~h the Oe~ion, Oevel~nt A~ount Number, ~ Fun~ ~rov~ ~en ~ Rems are su~uently a~. enter ~he new wa~ ~em under the develo~ent numar. ~nter the qu~l~ at ~e ~ as a ~age or wha~ numar. ~ythe per un~ ~st of the ~al~y ~ matede~. Note: Oes~ ed~n~ral~a ~s in s~e~ ~t~ to ~eady Uenl~ ~e~. ~o~ A~ou~ ~r- Forwo~ ~ams that witl ~ from ClAP ~nds, effiet~e ~ropdate deveiop~nt ~ou~h~s~n~tothewa~ ~emde~ed under · e De~ of Wo~ ~e~ ~lu~. For ~pdate ~ve~ ~u~, refer to Han~oK 7~5.1 (latest m~). ~m ~1~ ~ff ~ ~ from ~. or the wo~ ~ a no ~ flee, e~er "NA'. Fund~ Approved: , OrfglnaI-Fer each work ~tem and HA-wide activity de- scribed, enter the Original Funds Approved. Where appropriate, add a reasonable contingency aroount to each work i~em and indicate the percentage. Asterisk the esti- mated cost of each work Item lhat will be funded with non-ClAP funds. Af~er itsting the estimated cost {or all work itcres at a paaicular development, enter a subletat at the estimated cost at only the work items that will be funded tram ClAP funds. (Note: Do not co. unl costs that have been asterlsked in this subtotal). Enter a grand total for Part II of onlyfhework items and HA-wk:le activeleather w~ltbe lunded with ClAP funds. Revised-Where the funds approved is revised, enter a Revised Funds Approved as appropriate. Difference-Enter the cr~lerence between the Original and Revised Funds Approved. It the cost inczeases, put a plus (+) in front of the dollar areaunt. It the cost decreases, put a minus (-) In front of the dollar amount. When a new work item is subsequently added, enter zero In lhe original column, show the cost in the revised column and in the column marked difference and pula plus (~.) in front at the dollar amount. When · work itero is subsequently daleled. show the odglnal cost in lhe column marked d~erenca and 'put a minus (-) in front at the dotfar amount. Each ttme there is an In.ease or decrease In the dollar amount for a particular work item, it must be offsel by' a corresponding increase or decrease In another work ~em so that the Revised Total Fuhds Approved Is equal to lhe amount of the CIAP granL When the cumulative fo,lal of additions equals or exceeds the HUO-establlshedthreshoU, amain prior Hue approval before obligating additional funds. When this ~,rs. complete this fatalwith the appmp~ate revisions and mark the box Revised ClAP Budget Revision Num13er Funds Obligated-Funds Expendeel - At the end of eac? reporting period J'or each CIAP grant with a so,aerate Mac emizatlon Project Numi3er for which funds are still bain[ expended, cardplate the section on Funds Obligated ant Funds Expended. Funds Obligated - In this column, lot each developmen listed, enter the cumulative dollar amount of all fund. obligated for that development {round to the nearest tm dollars) oppos~ta the Funds Approved subtotal. Tats In cludes funds obligated by the HA for work to be pealermac by contract labor {I.e., contract award) and force acc~ur, lat3or (i.e., work actually sta~ad). Funds that are recorder as being obligated shall remain obtlgated so that total fund.~ obligated are always greater than or equal to trial expended. Total funds obligated shall not exceed amount of the ClAP grant. For each HA-wide actlv~ty listed enter the total amount of all funds obligated for that ertlvii;, (round to the nearest ten dollars) opposite the Funds Ap- proved suMoraL Funds Expended - in this column, for each devalopmen~ listed, enter the cumulative dollar amount of all funds expended far that development (round to the nearest ten dollars) opposite Ihe Funds Approved subtotal. Total funds ex13enOed means cash aclually ellsburden and does not include retainage. Total funds ex~ended shelf not exceed total funds obligated or the amount of the ClAP granL Fo/ each HA-w~de activff~ listed, ant er the dollar amount of funds expended for that acthrity (round to the nearest ten dollms] opposite the Funds Approved subtolal. FOLLOWING IS BEST DOCUMENT AVAILABLE P Budget/Progress Report I!: Suppo~qng Pages (CLAP) 3rehensive Improvement Assistance program Desctip~an o! Wo~ Items r~b~ '-3 REPLACE SiOINC (2 BLOC X 7225) REPLACE WlNOOWS (3, X 2000) REPLACE REFRIGERATORS {13 X 575) REPLACE FLOOR COVERING (CARPET 5 X 2000 = 10~000} (VINYL 2 X 1200 -- 7~200) REPLACE STORN DOORS (7 X 120) TRUCK TOTAL U.S. Department o! Housing and urban Devetopman~ Gllice oF PubiC. and indian Housing Account Numbe~ O~kml Funas/No~'oved Reused 1~60 1~,~50 1~60 6~000 1~65.1 7,~75 1~60 17,200 lq60 8~0 lq75 18,000 63~975 Fu~ I Ftmcl~ O~at~d F_xpen~ed Instn~--t~3ns for Preparation of Form HUD-52825, ClAP Budget/Progress Report, Part II Part if: Supporting D~vefepment Numbs- - E~er ~e ~=~ nu~r (e.g~ VA~1 ) of ~e developmere ~em ~e ~ ~e~ ~[I ~ u~e~en. ~ter *HA-~do' for wo~ Rbms that relate to ~ HA-~ a~lv~ (e.g.. ~nagement improvements, ad- ~nl~tion, non- ~iffng ~1on of Wo~ [~=. For each develop~n~ enter a ~lon of all w=~ ~ems ~h~al or manage- menl. as ~pl~[e) lha{ wilt ~ unde~aken devotement. Including wo~ that ~1I be ~und~ ~h non. ClAP fu~s a~ no ~ ~e~, ~[om I~ng wo~ Rems u~e~en a{ other developers. Ident~wo~ ~ems tha~ ~[I ~ a~llsh~ by Fume A~unt I~r by en~edng .{FA} [n parenthesis ne~ ~o {he wo~ ~e~ ~ ~e~ [or all develo~e~ ~ing gen~ dec. Ion ~ HA-~e a~les, such ~ manage- ~nt [~mve~s, ~m[nlstmt~e ~s, ~ulpmen~ etc. ~en wo~ ~ems ate =u~ue~ de~t~, d~w a line ~ro~h the Oe~lon, Oeve[op~n[ A~oun[ Number, ~d Fun~ ~rov~ ~en wo~ ~ems am su~uenRy a~. enter the new wo~ ~em under t~e appropriate devotement nu~e~. En[e~ the qu~t~ ot ~e wo~ as a ~ntsge o~who~num~r. S~ythepe~un~st or the ~al~y ~ ma~eHa~. Note: Oes~ ed~n~ratNe ~s s~e~ ~ to deady ~enl~ ~e~. ~o~m A~ou~ ~r - Porwa~ ~ems[hatw~Zl ~ [ram C~AP ~nds. e~er~e ~ropdate develop~nt ~umwh~h~s~n~a~hewa~ Remde~ed under ~e Oe~ of Wo~ ~e~ ~lu~. For ~pdate ~ve~m ac~.u~. refer to Han~ak 7~5. I (late~ m~). ~m ~ ~a ~ ~ from non-ClAP ~. or the wo~ b a no ~ ~e~ e~er 'NA'. Funds Approved: · OrfglnaI-For each wo~k ~tem and HA-w~de activey de- scribed. enter the O~ginal Funds Approved. Where a~propriate, add a reasonable contingency amount to each work item and indicate the percentage. Asterisk the mated cost of each work Item that will ba funded with non-CIAP funds. After Ilsting the eslimated cost lot all work items at a pa~c~lar development, enter a subtotal ot the estimated cost of only the work items that will be funde d from CJAP funds. (Note: Do not count costs that have been asterfaked in this subtotal). Enter a grand total for Part II of o nlythe work items and HA-wide activates that w~l[ be funded with CIAP funds. Revised-Where the funds approved is revised, enter a Revised Funds Approved as appropriate. Difference.Enter the d~erence between the Original and Revised Funds Approved. It Inc cost increases, put a plus (+) in front of the dollar amount. If fhe cost decreases, put a minu~ (?) In front of the dollar amount. When a new work item. ls subsequenlly added, enler zero In the column, Show the cost in the revised column and in the column marked difference and put a plus (+} in front of the dollar amount. When a work item is subsequently daleled, show the original cost In Ihe colun~n marked difference and '?ut a minus (.) in trent af the dollar amount. Each time there ts an Increase or decrease in Ihe dollar amount for a particular work i~em, it must be offset by a corresponding ~ncrease or decrease in another work item so that the Revised Total Fuhds Approved Is equal to the Amount of the CIAP grant_ When the cumulallve total of additions equals °¢ exceeds the HUO-establishedlhrashaU, obtain prior HU D ap. provol before obllg~ing additional lunds. When this occar~.campfete this foamwith(he appropriate ray,hans and mark the box Revised CIAP Budget Re,sion Number Funds Obligated-Funds EXpended - At the end at e reporting pedod far each ClAP grant with a separate ~. emizatJan Prolec,~ Number for which funds are still b expended, complete the section on Funds Obligated Funds EXpended. Funds Obligated. In this column, for each devetopn Ilsted, enter the cumulallve dollar amount of a~ fL obligated for that developmenl Iround to the neares: duffers) opposite the Funds Approved subtotal. This ciudes funds obligated by the HA for work to be paderr by contract labor (Le.. contract award) and force arc: labor (Le., work actualiy ~ar~ed). Funds that are recur: as being obIIgated shall remain obligated so that total fu, obligated are always greater than ar equal to total fu expended. Tota~ tunds oh§gered shall not exceed amount of Ihe ClAP grant. For each HA-wide Activity Ils: enter the tolal amount of all funds obligated for that a~; (round to the oearest Ion dollars) opposite the Funds proved subtotal. Funds Expended - In this cotutah, for each developm ilsted, enter the cumulative dollar amount of all iur expended for that development (round to the nearest: dollars) opposite the Funds Approved subtotal. Total fur expended means cash ac:ually disbursed and does ~ include retainage. Total funds expended shall not exce total funds obligated or the amount of the ClAP grant. F each HA-w~de aCh~'yllsted, enter the dollar amounf ot fur expended for that ac~Nff'y (round to the oearest ten della opposite lhe Funds Approved subtotal. mf H~a'bock 7485 . //1111 111 ii. FOLLOWING IS m~ BEST DOCUMENT AVAILABLE p Budget/Progress Report , Ih Suoporting Pages .~rehen~e Improvement Assistance pn~gram (CLAP) · ~me~! De~;np~Oa o! Waf~ Items REPLACE SI01NC (1 X 6300) REPLACE CARACE DOOR ( 1 X 550) U.S. Department of Housing and Urban Devatopment Office of Public and Indian Housing Numbe~ Funds ~optoved 6,300 550 tFur,~s / Fu~d~ ·"O~gate(I Ex~ended TOTAL 6~850 11-/'1 I! I11 I"1 ii FOLLOWING IS m~ BEST DOCUMENT AVAILABLE Instructions for Preparation of Form XUD..52825, ClAP Budgel/Progress Report, Part I1 Developmeet Numbee * Enter the abbreviated number (e.g., VA-36-I) o! the development where the work Rems will be undergo,ken. Enter 'HA-wfde' I'ar workItems that relate to an HA-wide acttvity (e.g, management Improvements, ad- r~nlst~tion, non- dwelling equipment). Deu~¢rlptlon of Wortc Items. For each development listed. enter a description of all work items (physical or manage- mont. as applicable) that will be undmlaken at that development, including work :hal w~II be funded WTth non- CIA P funds and no cost Items. before IIs*d ng work items to be undertaXen at other developments, identrty work items that wit be accent. Ilshod by Force Account labor by antedna (FA} In parenthesis next to the work fram. After entering all 'work Items for all developments being funded. enter a geneeaJ description of HA-w~de activities, such as manage- ment Improvements, administrative costs. equipment. etc. W~en work items are subsequently deleted, draw a line · roucjh Ihe DescHp~idn, Development Account Number. and Funds Approved. When work ~tems are subsequently added, enter the new work Item under the appropriate development number. Enter the quantity of the work as a petcent age orwhole number. $PeC~ythe per unit cost or the qualIty of materials. Note: Oescnbe adm/n~rative costs in sufficient detaJl to deedy identify Items. Devetol:xtmnt Account Nu'mber- Feework Itc ms t hat willbe fundeel from ClAP tunds, enter :he a4:~3repdate development account which cormspondstotheworkitemdesc4.roed unda¢ :he De~.a~,,~on of Wo~ Items colun:~n. For apgmprlate devek3pment accounts, refer to Honebook 7485.1 (latest revision). Where funding wfl~ be pray'ideal from non-ClAP soun:es, or the work Es a no cost Item, enter ~NA'. FuncL~ Approved: · Original-For each work Item and HA-wide activity de- scribed, enter the Odginal Funds Approved. Where appropriate, aEd a reasonable contingency amount to each work item and indicate the percentage. Asterisk lhe esti- mated cost of each work item that will be lunded with non-ClAP funds. A~er listing the eslimated cost for all work items at a pa~c~lar development. enter a subtotal at the eslimatedcost at onlythework Rems that will be tundecl from ClAP tunds. (Note: Do not count costs that have been asterlsked in this subtotal). Ente'r a grand total tar Peri II at onlythe work items and HA-wide activities that wilt be lunded w~th CiAP funds. Revl:sad-Whera the funds approved is revised. enter a Revised Funds Approved as appropnate. Difference-Enter the difference between the Original and Revised Funds Approved. If the cost increases, put a plus (+) in trent at the dollar amount, if the cost decreases. put a minus (-) In front at the dollar amount. When a new work item is subsequently added, enter zero In Ihe odgin~J column, show the cost in the revised column and in the column marked difference and put a plus (+} in front of the dollar amount. When awork item is subsequenlly doleled, show the original co51 in Ihe colu,'fin ma~ed d~erence and 'pu~ a minus (-} in trent at lhe dotlot amount. Each time there is an Increase or decrease In the dollar amount for a particular work item, it must be offset by a corresponding increase or decrease in another work item so that the Rewsed Total Fuhds Approved ls equal to lhe amount of the ClAP grant. When the cumulative total of addillons equals or exceeds the HU O-establishec:thre~held, obtain p¢lor HU 0 .approval before obligating additional funds. When this occurs, complete this fern1 with the appropriate,revisions and man~ the box Revised CIAP Budget Revision Number Funda Obligated-Funds Expended -At the end a reporting pedod for each ClAP grant with a separate emization Project Number for which funda are still expended, c:3mplete the section on Funds Obligate Funds E~pended. Funds Obligated - In this column. for each develc: Ilsfed. enter the cumulative dollar amount of all obligated for that development (round to the near¢ dollars) opposite the Funds Approved subtotal. cludes funds obligated by Ihe HA for work to be pod, by contract labor (f.a., contract award) and lama ac labor (l,e.o WOrk actually started). Funos that are rec as being oblfgatad shall remain obllgatad so that total obligated are always greater than or equal to total expended. Total funds obligated shall not excee amount af the ClAP grant. For each HA-w~de activIty enter the total amount of all funds obligated for that a (round to the nearest ten dollars) opposite the Func proved subtotal Funds Expended - In this column, for each deraleF listed. enter lhe cumulative dollar amount at all : expended for that development (round to the heard- dollars) opposIte the Funds Approved subtotal. Total expended means caen actually disbursed ancl doe include retainage. Total funds expended shall not total funds obligated or the areaunt of the CIAP grant each HA-wfde activity listed. enter the do~ler amount at expended for that activity (round to the nearest ten de opposite the Funds Approved subtotal. n~f Han~boc~ 7.: lAP Budget/Progress Report art Ih Supporting Pages ~-.~prehensive Impmvemer~ Assistance Program (CLAP) · ,,ve~e~em C)e~:nptxx~ ol Wo.,tc Items k, umb~ REPAIR ELECTRIC SERVICE ( 1 X 2000} REPAIR I~SEMENT ( 1 X IO~,000) REPLACE SIOINC (7 X AVG) REPLACE GARAGE 000RS (8 X 550) REPLACE STORN 000RS (10 X 120) TOTAL U.S. Department of Housing and Urban Development Office o! Public arid Indian Housing IDeve~ment Account Numbe~ 1~60 1~60 1~60 1~60 I~60 F urals Approve~ Revised 2,000 10,000 ~1~000 ~q00 58,600 Funds Funds Ex-t~n~ed Instructions for Preparation of Form HUD-52825, ClAP Budget/Progress Report. Part 11 Pang: Supporting Page~ Devolopme~l: Numbs- - E~et ~e a~e~at~ nu~r (e.g, VA-3~1 ) ~ ~e developmen,ere ~e wo~ ~e~ ~fi ~ unde~en. ~ter'HA-~de' far wa~ ~ems that relateto ~ HA-~e a~lv~ (e.g., ~nagement Improvement, ad- ~ni~mtion, non- ~ell~ng ~u~n(). ~c~1on of Wo~ l~s - For each develop~nt [Ist~, enter · ~l~lan of all wo~ items ~h~al or manage- ment, as ~p{~le) that will ~ unde~aken at that dayelement. inc[udlng wa~ that ~11 be fund~ wffh non- ClAP fu~s a~ no ~ Re~. ~{ore I~ng wo~ items to ~ u~edaken at other devela~e~. ldent~wo~ ~ems lhat ~11 ~ a~llsh~ by Fame A~unt [~r by en:adng (FA) In parenthesis ne~ to the wo~ ~em. A~er entedng all '~ ~e~ for all develo~e~ ~ing fund~. enter a gen~ dead,Ion at HA-~e a~les, such ~ manage- ~nt I~mve~s, ~mln~tmtNe ~s, ~uipme~t. etc. ~en wo~ Rems are su~uent~ de~t~. d~w a line · rowh the Dead,Ion, Devalap~nt A~ount Numbeq ~d Fun~ ~rov~ ~en wo~ ~ems am su~uenlly a~, enter the new wo~ ~em under the a~ropdate develo~ent numar. Ente~ the quant~ at ~e wo~ as a ~ntage orwho~num~r. S~ythepe~un~st or the ~al~y ~ ma~eda~. Note: Oes~ ad~n~ratNe ~s In s~em ~t~ to dandy ~ent~ ffo~. ~o~ A~ou~ ~r - For~ fiems thatwill ~ ~ from ClAP ~ds, enter ~e ~ropdete development ~ou~ wh~h ~s~n~ tothewo~ ~emde~ under · e Oe~on of Wo~ ~e~ ~lu~. For ~pdate ~ve~ a~u~, rotor to H~ok 7~5.1 (latest m~). ~m ~1~ ~ ~ ~ from non-ClAP ~, or the wo~ ~ a no ~ ~em, e~ 'NA'. Fund~ Approved: . Original-For each work item and HA-w~de activity de- scrtbed, enter the O~gina( Funds Approved. Where appropriate. add a tea:enable contingency amount to each work item and indicate Ihe percentage. Asterisk the esti- mated cost of each work item that will be funded with non-ClAP tunds. After IIsUng the estimated cost lot all work items at a particular development, enter a subtotal of the estimated cost of only the wo~ ita ms that will be funded from CtAP funds. (Note: Do not co. unt costs that have been asterisked in this subtotal). Enter a grand total tar Part 11 at on[ythe work items and HA.wide activities th at w~i[ be funded with CIAP funds. Revlsect-W~era the funds approved is revised. enter a Revised Funds Approved as appropriate. Differonce-Enter the difference between the Original and Revised Funds Approved. It the cost increases. put a plus (+} in front at the dollar amount. [f the cost decreases, put a minus (-) in front at the dollar amount. When a new work ~em is sut3sequently added, enter zero In the odginel column° show the cost in the revised column and in the column marked difference and pula plus (+) in front of the dollar amounL When a work item is subsequently dalaied. show the original cost in the column marked d~fferance and 'pu~ a minus (-) in front at the dollar amount. Each time there Is an Increase or decrease In the dollar amount for a particular work item. it must be offset by a corresponding increase or decrease in another work item so that the Revised Total Fuhds Approved Is equal to th · amount at the ClAP grant. When the cumu[ative total of additions equals or exceeds the H U O-e..~abtished threshold, obtain prior HUD approval before obffgafing additional funds. W~en this _oo7_ _~r~, completethis form with the appropriate revisions and mark the box: Re~sed ClAP Budget Revision Number Funds Obligated-Funds Expended - At the end of each rape(ling period tar each CIAP grant with · separate Mod- ernization Prelect Number for which funds are st~ being expended, complete the section on Funds Obligated anc Funds Expended. Funds Obligated. In this COlUmn, for each development listed. enter the cumulative dollar amount of all funds obligated for that development (round to the nearest ten dollars) opposite the Funds Approved subtotal. This in. cludas tunds obligated by the HA for work to be performed by contrac! Iabor (I.e., contract award) and fame account labor (I.e.. work actually started). Funds that are recorded ~s being obligated shall remain obligeled so that total funds obligated are always greater than or equal to total funds expended. Total funds obligated shall not exceed the amount of the ClAP grant. For each HA-wide activitylisted. enter the total amount of all funds obligated for that ac:tvity (round to the nearest ten dollars) opposite the Funds Ap- proved subtotal. Funds Expended - In this column, for each development listed. enter the cumulative dollar amount of all funds expanded for that development (round to the nearest ten dollars} opposite the Funds Approved subtotal. Total funds ex13ended means cash actually disbursed and does not include retainage. Total funds expended shall not exceed total funds obligated or the amount at the CIAP grant. For each HA.w~de oct'~ Ilsted, enter the dollar amount of funds expended for that actfray (round to the nearest ten doilarsl opposite the Funds Approved subtotal. Handbook .TAP Budget/Progress Report ·art lit: Implementation Schedule .~mpfahensive Improvement Assistance Pmcjram (CLAP) Revised Actt~ IA22-3 lA22-~ IA22-6 U.S. Department of Housing and Urban Development Office o! Pubic alxl indian Housing 9-30-97 9-30-97 9-30 -97 9-3,0-97 ' Act~Jal Or~tna~ 9-30-97 9-30-97 9-30-97 9-30-97 All Funds Expencted Ac~ Instructions for Preparation of Form HUD.5287.5, Ct'AP Budget/Progress Rep<)rt, Part I1[ Poet II1: Implmantatlon Schedule: Developmerit Number - Enter the abbreviated number (e.g.. VA 36-1) of each development listed on Part II. Enter 'HA-wide' for wo~ items that relate to HA-wide manage- meet improvements. Imple~ne~[atlon Schedule - Flint Architect/Engineer Contract Awan:~d ~ Opposite the altected development. enter the estimated quarter ending date for award of the first arch/tact/engineer (A/E) contract under the Original column. After initial approval by HUD, enter any revised quarter endln~ da~e for awa~ of tile tlr,3t A/E contract under the Revised column. When the first ~ contract is awa,'ded. enter the quarter analog data under the Actual column. Implementation Schedule. Atl Funds Obligated - Oppo- .site each development and for each HA-wide management improvement, enter the estimated quarter ending date for obligation of all funds under the Original column. Note: Provide an implementation schedule only for HA-wide management improvements. not for olher HA-wide activities (e.g., administration, non-dwelling equipment). Ai~er In~ial approval by HUO, enter any revised quarter ending date for obligation o! all funds bnder the Revised column, When all funds are obr~ated, enter the quarter ending date under the Actual Column. Implementerie n Schedule- All Funds Expended - OF .site each development and for each HA-wide manegert ~mprovement, enter the estimated quarter ending dale expenditure of air funds under the Odglnal column. Note: Frovide an implementation schedule onlyforHA.~, management Improvements. not for otherHA-wide aclNc (e.g.. administration, nan-<~we[llng equipmentl. After Initial approval by HUD. enter any revised qua ending date for expenditure of all funds under the Revi: column, When all funds are expended, enter the qua ending date under the Actual column. Note: Attach an explanation af any revisions to the tar dates far ~ contract ~w~d, fund ablkjatlan. or fk expenditure by specifying ttte valid delay outside e! the H control Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 96-262 RESOLUTION ACCEPTING THE WORK FOR THE EXTENSION OF SANITARY SEWER PUBLIC IMPROVEMENTS ON LUCAS STREET SOUTH OF MARKET STREET. 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, Extension of sanitary sewer improvements on Lucas Street south of Market Street as constructed by L.B., Inc. of Iowa City, Iowa. WHEREAS, maintenance bond has been filed in the City Engineer's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this 10th day of MAYO R CITY' CLERK September ,1996. Approved by "-'Cit~/Attorney s Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF IOWA CITY September 4, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Sanitary Sewer Extension on Lucas Street south of Market Street Dear Honorable Mayor and Councilpersons: I hereby certify that the extension of sanitary sewer public improvements on Lucas Street south of Market Street has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's Office for the sanitary sewer improvements constructed by L.B., Inc. of Iowa City, Iowa. Sanitary sewer constructed includes 158 linear feet of 8-inch diameter PVC truss pipe and 2 manholes. 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: Ltz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 96-263 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 415 DOUGLASS STREET, IOWA CITY, IOWA WHEREAS, on April 5, 1991 the owner of property located at 415 Douglass Street received a five year forgivable loan from the City of Iowa City in the amount of $6,000 secured by a Mortgage Agreement on said property; and WHEREAS, said mortgage agreement created a lien against the property; and WHEREAS, on May 1, 1996 the terms of this loan were satisfied. 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 415 Douglass Street, Iowa City, iowa, from an obligation of the property owner to pay to the City the $6,000 as represented by the Mortgage Agreement which was recorded in Book 1218 Pages 176 thru 179 of the Johnson County Recorder's Office. Passed and approved this ]0th day of September 1996. ATTEST: /~~ ;~. /~'~_~.~) CITY CLERK MAYOR City Attorney's Office Resolution No, 96-263 Page 2 It was moved by I(ubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne. CD Division, 410 E. Washington St., ;owa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 415 Douglass Street, Iowa City, Iowa, and legally described as follows: Lot Fifteen (15), Wise Addition to Iowa City, Iowa, according to the recorded plat thereof, recorded in Book 2, Page 152, Plat Records of Johnson County, Iowa. from an obligation of the Greater Iowa City Housing Fellowship (GICHF), to the City of Iowa City in the principal amount of a $6,000 secured by a Mortgage Agreement recorded on April 10, 1991, in Book 1218, Pages 176 thru 179 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: _~7..~ CITY CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this /0Y'~L' day of .~,~. -,,.~-' , A.D. 19 c/~, , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. -.~e.~, adopted by the City Council on the ~ day ,~'~ m,J~r' , 19 ~, that the F~ . and 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. Notary Public in and for Johnson County, Iowa Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART THREE, A 21,29 ACRE, 53-LOT RESIDENTIAL SUBIDIVlSON LOCATED SOUTH OF GALWAY DRIVE AND EAST OF HIGHWAY 218, IOWA CITY, IOWA WFIEREAS, the owner, DAV-ED, Ltd., filed with the City Clerk the final plat of Galway Hills, Part Three, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of the North- east Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°35'03"W, along the South Line of said South- west Quarter of the Northeast Quarter, 400.92 feet, to the Point of Beginning; Thence Continuing S89°35'03"W, along said South Line, 359.50 feet, to its intersection with the Northeasterly Right-of-Way Line of Iowa Primary Road 518 (218); Thence N47°13'15"W, along said Right-of-Way Line, 2019.01 feet; Thence N42°41'26"E, 54.27 feet, to the Southwest Corner of Lot 63, of Galway Hills Subdivision, Part Two, in accordance with the Plat thereof Record- ed in Plat Book 35, at Page 269, of the Records of the Johnson County Recorder's Office; Thence N74°31'39"E, along the Southerly Line of said Galway Hills Subdivision, Part Two, 140.05 feet; Thence Southeasterly, 99.82 feet, along said Southerly Line, on a 179.64 foot Radius Curve, concave North- easterly, whose 98.54 foot chord bears S31 °23'28"E; Thence S47°18'34"E, along said Southerly Line, 19.93 feet; Thence N42°41 '26"E, along said South- erly Line, 101.30 feet; Thence S86°O3'50"E, along said Southerly Line, 173.05 feet; Thence N67°38'O8"E, along said Southerly Line, and the Souther- ly Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 229.05 feet; Thence S69 o 19'31 "E, along the South- erly Lihe of said Galway Hills Subdivision, Part One, 46.99 feet; Thence S05°10'54"W, 303.98 feet; Thence S37°17'47"E, 52.88 feet; Thence S54°13'20"E, 62.06 feet; Thence S57°29'55"E, 60.96 feet; Thence N80°37'27"E, 226.45 feet; Thence N64°28'09"E, 35.00 feet; Thence S89°40'41"E, 108.05 feet; Thence N64°52'30"E, 127.01 feet; Thence S05°26'24"E, 128.10 feet; Thence S17°18'04"E, 396.07 feet; Thence S30°34'46"E, 153.93 feet; Thence S13°15'37"E, 111.42 feet; Thence N76°44'23"E, 12.88 feet; Thence S13°15'37"E, 185.00 feet; Thence N76°44'23"E, 170.00 feet; Thence S13°15'37"E, 295.98 feet, to the Point of Beginning. Said Tract of Land Contains 21.29 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa {1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk is hereby further authorized to record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the owner's expense. Passed and approved this day of , 1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef PHELAN, TUCKER, MULLEN, WAI.XER, TUCKER & GELMAN, L.L.R ATI~O~ AT LAW 321 P,~ST MAI~3~"T P.O. BOX 2L~ IOWA CITY, IOWA 52244 September 10, 1996 LOUIS SHLrLMAN (1908-19~2) FAX: (3]9) 35,t-69~2 TIZL~P]"ION~: (319) ~11~ Mayor, City of Iowa City Members of the Iowa City Council 410 East Washington Street Iowa City, IA 52240 Re: Galway Hills Part 3 - Final Plat Dear Ms. Novick and Members of the Council: The undersigned, DAV-ED Limited, hereby agrees to an extension of the 60 day period within which the Council is required to either approve or disapprove the Final Plat of Galway Hills Part 3 to September 24, 1996. DAV-ED Limited Charles A. Mullen,/~rney RESOLUTION NO. C/~~/~~f// RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES IN CONNECTION WITH THE NEW WATER TREATMENT PLANT. WHEREAS, City Staff was directed to negotiate with the Elks Golf and Country Club ("Elks Club") in lieu of condemnation for property rights needed for the City's development of the new Water Treatment Plant and Foster Road extended and to allow the Elks Club to continue to operate a golf course, if possible; and WHEREAS, City Council now wishes to enter into a letter of understanding to acquire property rights in lieu of condemnation and to convey and lease certain property to the Elks Club to build two additional golf course holes to replace those which will be lost by the City's acquistion of the aforementioned property rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, that: The letter of understanding to acquire property rights from the Elks Club in lieu of condemnation and in exchange for the City conveying and leasing land to the Elks Club for the construction of two additional golf holes to replace those lost by reason of the City's acquisition of the aforementioned property rights, is hereby approved as to form and substance. The City Attorney is directed to carry out all necessary procedures to consummate the acquisition of said property rights, as agreed. Passed and approved this day of , 1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by AYES: NAYS: City Attorney's Office the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB. WHEREAS, the City Council has considered a "letter of understanding" between the City of Iowa City and the Elks Golf and Country Club ("Elks") regarding the improvement of Foster Road and the development of the new Water Treatment Plant; and WHEREAS, said agreement is in the public interest, and contemplates that certain land will be conveyed to the Elks, and that the Elks in turn will convey certain easements to the City for a sanitary sewer and water main, together with a permanent well access road/recreational trail easement; WHEREAS, on Se'ptember 10, 1996, a public hearing was held on the proposed conveyance and lease before the City Council and the City Council on August 27, 1996 adopted a Resolution declaring its intent to convey and lease said property; and WHEREAS, following public hearing on the proposed conveyance and lease, the City Council finds that the conveyance and lease is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute the documents necessary to carry out the intent of the letter of understanding. The City Attorney is hereby authorized to carry out all actions necessary to consummate the conveyance and lease, as required by law. Passed and approved this day of __ ,1996. ATTEST: CITY CLERK MAYOR City Attorney's Office REPEALED BY RESOLUTION 98-305 Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 96-264 RESOLUTION RESCINDING RESOLUTION NOS. 94-277 AND 95-79 AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS. WHEREAS, the (dity of Iowa City, in 1974, originally established a Design Review Committee ("Committee"), to assist the City of Iowa City in carrying out the urban renewal projects; WHEREAS, the Iowa City City Council adopted Ordinance No. ct6-.t746 establishing the Design Review Overlay Zone Ordinance; WHEREAS, the City of Iowa City wishes to use the assistance of the Committee for urban renewal areas and for the administration of the Design Review Overlay Zone Ordinance; and WHEREAS, it is in the public interest to now clarify the various amendments by rescinding all prior resolutions and re-establishing the Committee by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to clarify the Design Review Committee's mission, by rescinding all prior amendments and re-establishing the Design Review Committee, in order to better assist the City in furthering the goal of good urban design in the downtown and near southside areas. e Resolutions Nos. 94-277 and 95-79 are hereby rescinded in their entirety, and the Iowa City Design Review Committee ("Committee") is hereby reestablished as follows: a. Committee Role. The Committee's role shall be to recommend, for Ci.ty Council approval, aspects of urban design components of urban renewal projects located in areas designated by City ordinance. The Committee shall also fulfill its responsibilities as outlined in the Design Review Overlay Zone Ordinance. The City Council may also request advice and recommendations from the Design Review Committee on projects located outside of designated urban renewal areas and designated design review districts. b. Membership. The Committee shall consist of seven (7) members, of which two (2) shall be licensed architects; two (2) shall be either design professionals or involved in the building trades; two (2) shall be business or property owners from the area subject to the Design Review Overlay Zone Ordinance; and one (1) shall be an at-large member of the community. All members must be eligible electors of Iowa City. Members of the Committee shall be appointed by the City Council with term membership to be three years, commencing on July 1. Members may serve for more Resolution No. 96-264 Page 2 than one term. The nine (9) members of the previous Design Review Committee may complete their terms as members of the Design Review Committee established by this Resolution herein, but the number of Committee members shall be reduced to seven (7) through attrition either as terms end or as members resign. c. By-laws and Rules. The Committee shall recommend rules or by-laws for the transaction of its regular business, for City Council approval. The Committee shall have authority to recommend rules of procedure in connection with the projects subject to design review. All Committee by-laws and procedures shall be effective only upon City Council approval. d. The By-laws of the Iowa City Design Review Committee, attached hereto and incorporated by reference herein, &re approved and adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 10th day of September ,1996. ATTEST: CIT~7 CLERK MAYOR Approved by -~ e 6ffic~/~ It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: __X X X X X X Norton ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef BY-LAWS IOWA CITY DESIGN REVIEW COMMITTEE ARTICLE I. MEETINGS Section 1. Regular Meetinqs. Regular meetings of this Committee shall be held on every Monday. In the event there are no items requiring Committee action at a particular meeting, the Chairperson may cancel the meeting. Section 2. Special Meetinas. Special meetings of the members may be called by the Chairperson. Upon the request of four members of the Committee, the Chairperson shall call a special meeting. Section 3. Place of Meetings. Regular and special meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notice and agenda for all regular and special meetings shall be distributed to all Committee members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings, except for emergencies as defined by the State Open Meeting Law, Chapter 21, Code of Iowa. All notices and meetings shall conform to the requirements of the Open Meetings Law. Section 5. Quorum. A majority of the members of the Committee shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Design Review Committee shall consist of seven (7) members, of which two (2) shall be licensed architects; two (2) shall be either design professionals or involved in the building trades; two (2) shall be business or property owners from the area subject to the Design Review Overlay Zone Ordinance; and one (1) shall be an at-large member of the communi- ty. All members must be eligible electors of Iowa City. All members of the Committee shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. Section 2. Nomination. The City Council shall appoint members to the Design Review Committee as vacancies occur. Section 3..Terms. Terms of membership shall be three years, commencing on July 1. Members may serve for more than one term. Section 4. Absences. Three consecutive unexplained absences of a Committee member may result in the Committee's recommendation to the City Council to remove the member from the Committee, and to appoint a new member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appoint- ment, new members shall be provided with copies of the pertinent portions of the City Code, Design Review Committee By-Laws, and other documents useful to carrying out their duties. Section 6. Resianations & Vacancies. If any member is no longer willing or able to serve on the Committee, the member shall send a letter of resignation to the City Council. If a posi- tion/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through subsequent regular term. ARTICLE III. OFFICERS Section 1. Number. The officers of this Committee shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Committee. Section 2. Election and Term of Office. The officers of this Committee shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be fi]led by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF COMMITTEE AFFAIRS Section 1. A.qenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular and special Committee meetings. Agendas are to be sent to Committee members and the media at least three days prior to the regular and special meoti,3gs. Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Committee members, and approved by the Committee and sent to the City Council, in the 3 manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Proqrams. The Committee shall periodically review the policies and programs of the City relating to design review and make recommendations to the City Council when appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations. and other matters are referred to the Committee by the City Council. The Committee shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 6. Attendance at Council Meetincas. The Committee Chairperson or designated represen- tatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the domain of the Committee's responsibilities are to be discussed or actions taken. The Committee Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Committee business. Section 7. Annual Report. An annual report, detailing the activities of the Committee, shall be prepared by the Chairperson, approved by the Committee, and submitted to the City Council at the end of each fiscal year. Section 8. Community Education. The Committee shall periodically provide educational materials to the community regarding the benefits of good design and design review and regarding techniques on ach!eving good design. in addition, at least once a year the Committee will notify property owners and commercial tenants located in a design review district that they are in such a district. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. ecodev'~by-I~ws2.dft Prepared by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. RESOLUTION LIEU THEREOF COMMITTEE, AND ALSO RESOLUTION NOS. 94-277 AND 95-79 AND IN ,BLISHING THE IOWA CITY DESIGN REVIEW [PPROVlNG COMMITTEE BY-LAWS. WHEREAS, the City of Iowa City, 1974, originally established a Design Review Committee ("Committee"), to assist the City Iowa City in carrying out the renewal projects; WHEREAS, the Iowa City City Co cil adopted Ordinance No.__ Design Review Overlay Zone ~; establishing the WHEREAS, the City of Iowa City wis renewal areas and for the to use the assistance Design Revi, Committee for urban Zone Ordinance; and WHEREAS, it is in the public interest prior resolutions and re-establishing the clarif, y rescinding all resolution. NOW, THEREFORE, BE IT RESOLVED BY ~ IOWA, THAT: COUNCIL OF -[HE CITY OF IOWA CITY, It is in the public interest to rescinding all prior amendme order to better assist downtown and in areas. the Design Review Committee's mission, by establishing the Design Review Committee, in ~ering the goal of good urban d~c!gn !n the Resolutions Nos. and 95-79 a hereby rescinded in their entirety, and the Iowa City Desigr ,view Committee ("C~ ') is hereby reestablished as follows: a. Com The Committee' approval, ~ects of urban design areas d~ nated by City ordinance. The as ou in the Design Review Overlay req[ advice and recommendations Io role shall be to recommend, for City Council lents of urban renewal projects located in 3mmittee shall also fulfill its responsibilities Ordinance. The City Council may also (he Design Review Committee on projects outside of designated urban rene val areas and designated design review b. Membership. The Committee shall c~ sist of seven (7) members, of which two shall be licensed architects; three (: gn professionals or involved in the building trades; and two (2) shall be arge members of the community. All members must be eligible electors of Iowa Cit',~,Members of the Committee shall be appointed by the City Council with term membeYsxhip to be three years, commencing on July 1. Members may serve for more than one term. The nine (9) members of the previous Design Review Committee may complete their terms as members of the Resolution No. Page 2 Design Review Committee established by this Resolution herein, but the number of Committee members sh~ ~11 be reduced to seven (7) through attrition either as terms end or as members resign. c. By-laws and Rules Committee shall recommend rules or by-laws for the transaction of its regular ;mess, for City Council approval. The Co/nmittee shall have authority to recomm~ ~d rules of procedure in connection wi~h the projects subject to design review. t I~ Committee by-laws and procedures ~iall be effective only upon City Council appr ,~al. ~ d. The By-laws of the Iow~ City Design Review Cornmitre/, .atta_c.hed hereto and incorporated by reference hereiI are approved and adopt/by the City Council. NOW, THEREFORE, BE IT RESOLVED B THE CITY COUNCIL/O~F TIlE CITY OF IOWA CITY, IOWA, THAT: ~ Passed and approved this da of / ,1996. ATT E ST: CITY CLERK Approved by _ ~ ~:it~ney's~(~f f ic~e~ ' ~./? ~/ It was moved by adopted, and upon roll call and sec~ nded by AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef 2 Section 2. Nomination. The City Council shall appoint members to the Design Review Committee as vacancies occur. Section 3. Terms. Terms of membership shall be three years, commencing on July 1. Members may serve for more than one term. Section 4. Absences. Three consecuti, result in the Committee's recommendati Committee, and to appoint a new roerob, Section 5. Orientation for New Members. ment, new members shall be provided Design Review Committee By-Laws, and ,e unexplained absences of a Committee member may ,n to the City Council to remove the me] from the 3riot to the first regular meeting their appoint- ith copies of the pertinent of the City Code, ~)ther documents useful to /ing out their duties. Section 6. Resiqnations & Vacancies. If a'~y member is no Ion! or able to serve on the Committee, the member shall send a le'ter of resignation the City Council. If a posi- tion/appointment becomes vacant by reason of resignation .wise and results in an unexpired term, the Council may choose to fill the unexpired term in a manner that the appointee shall continue in the position not only through the unexpired but also through subsequent regular term. ARTICLE III. OFFICERS Section 1. Number. The officers of th shall be a Chairperson and Vice-Chairperson, and each shall be elected by of the Committee. Section 2. Election and Term The officers of this Committee shall be elected annually. Section 3. Vacancies. A unexpired portion of the in either office shall be filled by a member elected for the Section 4. Chai] members, appoint Chairperson, The Chairperson s3all, when present, preside at all meetings of the call special meetings and in general perform all duties of the such other duties as may be prescribed by members from time to time. Section 5. Vice- person's Chairperson. all the In the absence of the Chairperson, or in the event of the Chair- or refusal to act, the Vice-Chairperson shall perform the duties of the so acting, the Vice-Chairperson shall have all the powers and be subject to as those resting with the Chairperson. ARTICLE CONDUCT OF COMMITTEE AFFAIRS Section 1. A.qenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda f(~[ all regular and special Committee meetings. Agendas are to be sent to Committee members an~the media at least three days prior to the regular and special meetings. 3 Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City for all regular and special meetings. Section 3. Minutes. Minutes of all re~'ular and special meetings are to be prepared and distributed to Committee members, and a by the Committee and sent to the City Council, in the manner prescribed by the Council. recommendations for the Council are to be set off from the main body of the minutes and identified. Section 4. Policies and Pro(~rams. programs of the City relating to when appropriate. ['he Committee shall periodically review and make recommendatic · the policies and to the City Council Section 5. Referrals from Council· for recommendations, and other matters Committee shall initiate the consideratio receipt of the referral, and shall notify time to time letters, ~re referred to the Comn of such items at th~ of its for information, requests by the City Council. The regular meeting following Section 6. Attendance at Council Meetin(~s. tatives are to be in attendance at all matters pertaining to the domain taken. The Committee Chairperson is to and is to be otherwise notified of meetings Chairperson or designated represen- ncil meetir including informal sessions, at which are to be discussed or actions agenda prior to each Council meeting, Committee business. Section 7. Annual Report. An annual repod, prepared by the Chairperson, approved by th end of each fiscal year. the activities of the Committee, shall be and submitted to the City Council at the Section 8. Community Education. /~he Cor shall periodically provide educational ma~l~o the community reoardinQ t~ benefits lesig and design review and regardinq technk~ues on achieving qood desiqr}/ In addition least once a year the Committee will notiN property owners and commercial tenants located in\a desiqn review district that the'/ are in such a district. / ~ - ARTICLE V. / ~ AMENDMENTS / ~ Section 1. These by-laws/rnay be altered. amended or r~ealed and new by-laws adopted at any regular meeting, or at a/~pecial meeting called for that p~rpose, providing a quorum is present. Upon approval by the/ty Council, such by-laws shall tal~force and effect. BY-LAWS IOWA CITY DESIGN REVIEW COMMITTEE ARTICLE I. MEETINGS Section 1. Regular Meetings. Regular micetings of this Committee shall be held-en-the-thi~ Monday of each month Reqular meetinqs ~f this Committee shall be held on every Monday. In the event there are no items requirinq Committee action at a padicular meeting, the Chairperson mav cancel the meetinq. ' Section 2. Special Meetinqs. Special meeting~of the members may be called byrne Chairperson. Upon the request of four members of the Comr~ittee, the Chairperson shall call .a/special meeting. Section 3. Place of Meetings Regular and sp~ meetings shall be held/facility accessible to people with disabilities ----- / . , Section 4. Notice of Meetinq. Notice and ag~ for all regular ap~ special meebngs shall be distributed to all Committee members and the pr Notice to all ~(ambers and to the med~a shall be at least 24 hours before a meeting is held inc uding special ~'eetings, except for emerqencies as defined by the State Open Meeting Law, Cha 21, Cod,e/of Iowa All notices and meebn.qs shall conform to the requirements of the Open L~v and meetings shall conform to the provisions of the State Open Moe,,,,~v Law. Section 5..Quorum. A majority of the members meeting. A majority of votes cast at any meeting of any motion or election. ~mmJttee shall constitute a quorum at any a quorum is present shall be decisive Section 6. Proxies. There shall be no vote Section 7. Public Discussion. Time sha public discussion. made allable during all regular meetings for open ARTICLE II MEMBERSHIP Section 1. Membership. Committee members m~ serve without travel expenses incu consist of seven Design Review ;hall consist of nine (9) members. All bc eligible electors of Iowa All members of the Commit:tee~g:,~41 but shall be entitled to the y expenses inclu~~ab!e- in the discharge of their duties. ¥,he Design Review Committee shall of which two (2) shall be licenseU. architects; three (3) shall be e~ther design profession; or involved in the building trades, and two (2) shall be at-large members of the community. members must be eligible electors of Iowa City. All members of the Committee shall serve compensation, but shall be enbtled to the necessary expenses including reasonable expenses recurred in the d~scharqe of their duties. The nine (9) members of the prewous Review Committee may complete their terms as members of the Des~qn Review Co by this resolution, but the number of Committee members will be reduced to seven (7) through attrition, e~ther as terms end or as perseas resiqn. Prepared by: Jeff Davidson, JCCOG Admin., 410 E. Washington St., Iowa City, IA .52240 (319) 356-5252 RESOLUTION NO. 96-265 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAIN- MENT PROGRAM FUNDS. WHEREAS, rail cars to be interchanged between the Iowa Interstate Railroad and the Cedar Rapids and Iowa' City Railway cause significant traffic congestion due to the blockage of arterial streets in North Liberty, Coralville, and especially Iowa City; and WHEREAS, the Iowa Interstate Railroad and Cedar Rapids and Iowa City Railway have prepared a plan to relocate their interchange track to an area outside of Iowa City; and WHEREAS, the City of Iowa City supports and endorses this plan because it will significantly reduce traffic congestion and the air pollution caused by this stalled traffic in the community; and WHEREAS, the Iowa Department of Transportation has available Iowa Clean Air Attainment Program funds which may be used to fund the relocation of said interchange track; and WHEREAS, Iowa Clean Air Attainment Program funds will be required to complete said interchange track relocation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Staff is authorized to submit an application to Iowa DOT for Iowa Clean Air Attainment Program funds. 2. Staff is authorized to file any additional documentation that is required by Iowa DOT. Through an agreement with the Iowa Interstate Railroad and the Cedar Rapids and Iowa City Railway, the project will be maintained following completion in accordance with Iowa DOT requirements. Passed and approved this ].0th day of September , 1996. ATTEST: 2,~'(,~..~.~.~_.2 CITY'CLERK MAYOR City Attorney's Office Resolution No, 96-265 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X' the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff Davidson, JCCOG Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. IOWA N AUTHORIZING THE FILING OF AN APPLICATION WITH THE OF TRANSPORTATION FOR CLEAN AIR ATTAIN- ~,M FUNDS. WHEREAS, rail cars Rapids and Iowa City arterial streets in North interchanged between the way cause significant ;rty, Coralville, and asp Interstate Railroad and the Cedar congestion due to the blockage of Iowa City; and WHEREAS, the Iowa prepared a plan to relocate Railroad and interchange Rapids and Iowa City Railway have to an area outside of Iowa City; and WHEREAS, the City of Iowa Cit' reduce traffic congestion in the endorses this plan because it will significantly and WHEREAS, the Iowa Department of Program funds which may be used ~ortation has available Iowa Clean Air Attainment Jnd the relocation of said interchange track; and WHEREAS, Iowa Clean Air Art; interchange track relocation. ogram funds will be required to complete said NOW, THEREFORE, BE IT RE IOWA, THAT: .VED :ITY COUNCIL OF THE CITY OF IOWA CITY, Staff is authorized submit an applicatio~ Program funds. Iowa DOT for Iowa Clean Air Attainment Staff is authori 3. Through an Iowa City I with Iowa Passed and ap ATTEST: CITY CLERK to file any additional documl~tation that is required by Iowa DOT. ~ent with the Iowa Interstate~Railroad and the Cedar Rapids and the project will be maintained f~llowing completion in accordance requirements. ~ this day of ~X, ' 1996. MAYOR ttorney s Office Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 96-266 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV DIVISION AND THE AFSCME PAY PLAN BY ADDING THE POSITION OF COMMUNITY PROGRAMMER. WHEREAS, the Broadband Telecommunications Commission has recommended to the City Council that local access television services be enhanced by increasing productions of local programming covering public events and other community events of interest to the community at-large, and WHEREAS, it is determined this can be effectively achieved by the City oi Iowa City Cable TV Division through the employment of a Community Programmer, and WHEREAS, the renewed franchise for cable television services with Cablevision VII, Inc. provides for a 50 cent per month per subscriber charge to be passed through to the City for enhancement of local access programming, including community programming, and WHEREAS, revenue from the "pass-through" charge is sufficient to fund the position of Community Programmer, and WHEREAS, it is deemed in the interest of the community to provide enhanced local access services, particularly that described as community programming by the Broadband Telecommunications Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The budgeted positions in the Cable TV Division be amended by the creation of a full- time Community Programmer. The AFSCME pay plan be amended by the addition of the position of Community Programmer, pay grade 9. Passed and approved this 10th day of September , 1996. ATTEST: ,,,~~ CITY-CLERK MAYOR A~/~roved by City Attorney's Office Resolution No. 96-266 Page 2 It was moved by Nnrtnn and seconded by adopted, and upon roll call there were: Vnnd~hnPt= the Resolution be AYES: NAYS: ABSENT: X X X X X X' Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, THE CITY OF CORALVILLE, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. WHEREAS, City Of Iowa City Resolution NO. 84-248 provides that the City may designate a non-profit organization (NPO) to manage and operate the local public access channel, functions, and equipment, and WHEREAS, the Franchise Renewal Agreement between the City of Iowa City and Cablevision VII, Inc. provides that certain funding, equipment, and facilities shall be provided to the NPO by Cablevision VII, Inc., and WHEREAS, it is deemed in the interest of the City to designate a private non-profit organization to carry out the public access function. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Public Access Television, Inc. be and is hereby designated as the non-profit organization (NPO) to manage and operate the local public access channel(s), functions, and equipment. The proposed agreement, attached hereto and made a part hereof, is approved as to form and content. That the Mayor is hereby authorized to sign, and the City Clerk to attest, the attached agreement between the City of Iowa City, the City of Coralville, and Public Access TeleVision, Inc., for funding, operation and management of the local public access function. Passed and approved this day of , 1996. ATTEST: CITY CLERK MAYOR City Attorney's Office AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation ("Iowa City"), the City of Coralville, Iowa, a municipal corporation ("Coralville"), together hereinafter referred to as "Cities", and Public Access Television, Inc., an Iowa non-profit corporation ("PATV"), (collectively "Parties" or "Party"). In consideration of their mutual promises, the Parties agree as follows: RECITALS The Cities of Iowa City and Coralville desire to provide support for the use of public access channel(s), namely non-commercial community programming channels provided pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. For the purpose of this Agreement, public access does not include the government, public library, University of Iowa, or educational access channels. The franchise agreement between Coralville, Iowa and Cablevision VII, Inc. provides that certain payments shall be made by Cablevision VII, Inc. to support the public access channel(s). The franchise agreement between Iowa City, Iowa and Cablevision VII, Inc. provides that certain payments shall be made by Cablevision VII, Inc. to support the public access channel(s). For the purposes of this agreement, the definition of pure public access is providing members of the community with tools, training and channel space services. Pure community programming is the taping and cablecasting of events and activities taking place in the community. PATV reasserts its goal to provide a spectrum of public access and community programming services to the community. The Cities of Iowa City and Coralville have designated PATV as the approved non- profit organization to manage and operate the local public access channel, function and equipment. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: Section 1. Scope of Services. In consideration of the funding provided to PATV pursuant to this Agreement, PATV shall perform the following services: Operate Public Access Cable Channel(s). Operate the public access cable channel(s) for public access and community programming purposes. Operation shall include, but not be limited to, responsibilities for administering, coordinating, and assisting those who request to use the access channel(s). 2 Be F= Go Operate an Access Center. Provide a video production facility and equipment which shall be available for public use. Provide video equipment at a Coralville location as specified in Appendix A. Provide E(~ual Access. Allow access to equipment and facilities provided herein, together with cablecast time on the public access cable channel(s), on a non- discriminatory basis to all members of the community. This access shall be only for non-commercial programming purposes, whether individuals, groups, or organizations. Develop Rules. Develop written rules and guidelines for the use of the access equipment, facilities, and cablecast time in cooperation with the cities. Said rules.and guidelines shall be consistent with the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and FCC regulations. Further, any rules and procedures promulgated specific to times and hours of cablecast shall be content- neutral and consistent with the public forum doctrine, namely, time, place and manner. Training. Provide training in the techniques of video production including at least one training session per year in Coralville, and facilitate production of community programming by providing technical advice. Proqramminq. Schedule and cablecast programs on the public access channel(s) according to the approved rules and guidelines. Maintenance of EQuipment. Provide regular maintenance and repair of all video equipment. Promotion. Actively promote the use and benefit of the public access channel(s) and facilities to subscribers, the general public, access users, the cities, and Cablevision VII, Inc. Performance Guidelines. In cooperation with the cities, develop performance guidelines for PATV within six (6) months of execution of this document. Performance Review. In cooperation with the cities and after three years of operation under 'this Agreement, undertake a performance review which shall include an opportunity for public access users, cable subscribers, and the general public to provide comment. Other Activities. Undertake other community access activities as deemed appropriate by PATV. For example, cable radio. Compliance with Laws, Rules and Requlations. Administer the public access channel(s) and facilities in compliance with applicable federal, state, and local laws, rules, and regulations, the Iowa City Cable Telecommunications Franchise Ordinance, perfor- mance guidelines, and in accordance with the franchise agreement(s) between the cities and Cablevision VII, Inc.. 3 Section 2. Proqramminq Content. PATV agrees to keep the access channel(s) open to all potential users and free of censorship, subject to FCC regulations, the Cable Communication Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and all other applicable local, state and federal laws. Parties agree that they will not attempt to control the content of programming placed on the public access channel{s) to the extent such programming is both lawful and also remains in compliance with the approved rules and guidelines. Section 3. Indemnification. PATV shall indemnify, defend and hold harmless the cities, their officers, agents, and employees, from and against all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of PATV. The Cities shall indemnify, defend, and hold harmless PATV, its officers, agents, and employees from and against any and all claims, losses, liabilities, or damages, including payment of reasonable attorney's fees which may arise from the performance of this Agreement, or which may be caused in whole or in part by any act or omission of the City. Section 4. Copvri(3ht Clearance. Before cablecasting video transmission, PATV shall require all users to agree in writing that they have obtained all required rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music li~.ensing organizations; representatives, and without limitation from the foregoing, together with agreements from any and all other persons as may be necessary to transmit its or their program materials over PATV's authorized channel(s). PATV shall maintain copies of all such user agreements for purposes of inspection by the other Parties to this Agreement, upon reasonable notice given by said parties, and for the term of the applicable statute of limitations. Section 5. Copyri~lht and Ownership. PATV shall own the copyright of any programs which it may choose, from time to time, to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming if such person so copyrights, subject, however, to PATV's continuing rights in the videotape as physical property, to be established and governed by the approved rules and guidelines, Section 6. Distribution Riqhts. PATV shall require that all programs produced with funds, equipment, facilities, or staff grante~J under this Agreement shall be distributed on the channel(s) whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond that distribution on channels authorized by this Agreement), so long as such other distribution is consistent with the approved rules and guidelines. Payments required to obtain cable television distribution rights for programs acquired by PATV primarily for cablecast use may be made by PATV from funds granted under this Agreement. PATV shall display on a daily basis a credit stating "Partial funding for the operation of this channel is provided by Cablevision VII, Inc., and the cities of Iowa City and Coralville." 4 S. ection 7. Equipment and Facilities. PATV shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to PATV under this Agreement or purchased with funds provided pursuant to this Agreement. PATV recognizes that this Agreement, or property purchased pursuant to this Agreement, may create a possessory interest subject to property taxation, and that PATV may be subject to the payment of property taxes levied on such interest. PATV agrees to pay any and all lawful and non-exempt taxes, assessments, fees or charges at any time levied by the state, county, city or any tax or assessment levying body upon any property interest in this Agreement or on any possessory right which PATV may have in property, improvements, fixtures or equipment purchased as a result of this Agreement. In the event of protest, PATV agrees to pay said taxes under protest, and in no event will the cities be responsible for any fees incurred as a result of such protest. PATV shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities shall be disposed of as described in Section 18.C of this Agreement. Section term of shall be 8. Insurance. PATVshall maintain in full force and effect, and at all times during the this Agreement, insurance as required by this Section. The cost of such insurance borne by PATV and may be paid from funds received pursuant to this Agreement. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, equipment, and comprehensive automobile liability for any vehicle owned, leased, or operated by PATV. Worker's Compensation. Full Worker's Compensation Insurance and Employer's Liability with limits as required by Iowa law. Cities as Co-Insured or Additional Insured. The cities shall be named as co-insured or additional insured on all aforementioned insurance coverages. The policies shall provide that no cancellation, non-renewal or major change in coverage or expiration may be effected by the insurance company or PATV without first giving the cities thirty (30) days written notice prior to the effective date of such cancellation, non-renewal or change in coverage. Any insurance or self-insurance maintained by the cities, its officers, agents, employees, or volunteers, shall be in excess of PATV's insurance, and shall not be deemed as a contribution to PATV's coverage herein. Notification of Coverage. PATV shall file with the cities Certificates of Insurance for coverages required above, to be filed within thirty (30) days of execution of this Agreement, and annually on the same date thereafter. Upon reasonable written notice. the cities may request that Certificates of Insurance be provided at any time. 5 Section 9. Non-Discrimination in Employment. PATV shall not discriminate against any person, employee, applicant for employment, or subcontractor on the basis of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. Section 10. Independent Contractor. It is understood and agreed that PATV is an independent contractor and that no relationship of principal/agent or employer/employee exists between the cities and PATV. If in the performance of this Agreement any third persons are employed by PATV, such persons shall be entirely and exclusively under the control, direction, and supervision of PATV. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other term of employment shall be determined by PATV, and the cities shall have no right or authority over such persons or terms of employment. Section 11. Assiqnment. Neither this Agreement nor any interest herein shall be assigned or transferred by PATV, except as expressly authorized in writing by the cities. Section 12. Annual Reports. PATV shall prepare and provide annually to the cities, within 90 days following the end of each fiscal year, a written report of operational activities, which report shall include, but not be limited to, the following information: A. Information as outlined and required in the performance evaluation. B. Current and complete listing of PATV's Board of Directors. C. Year-end financial statements. In addition, PATV agrees to provide: Audited financial statements if requested by the cities. If PATV chooses to conduct an audit at any time, copies will be provided to the cities. E. Monthly reports at Broadband Telecommunications Commission meetings. Section 13. Records. PATV shall maintain all necessary books and records, in accordance with generally accepted accounting principles. Section 14. Relationship with Cable Franchise. Fundin.q. PATV shall receive funding as a result of the franchise agreements between the cities and Cablevision VII, Inc. Pursuant to the aforementioned, funds will be made available to PATV as follows: Cities (by Iowa City) shell pay to PATV annually on or about January 15th of each year an amount based on a 1996 annual payment of $153,293.52, subject to a yearly escalator as provided in the franchise agreement between Iowa City and Cablevision VII, Inc. and further subject to the provisions of Subsection A. 3 of this Section. 6 Cities of Iowa City and Coralville understand and agree that the funding formula in Section XI-C of the franchise agreement between Iowa City and Cablevision VII, Inc. includes funding for public access and community programming from Cablevision VII, Inc. on behalf of both cities. All of the above notwithstanding, funding from the cities to PATV shall only be provided as long as Cable Television Franchisee is obligated to, and continues to, provide funding as specified in Subsection A. 1. of this Section. Cities shall not be obligated herein to make any annual payment to PATV unless and until such amount is paid to Iowa City by Cablevision VII, Inc. B. Continued Services. Th.e parties shall continue to utilize dedicated channel(s) as provided for in the cities' cable ordinance,~ decreeing public access channel dedication. The cities will make reasonable efforts to enforce all provisions of their respective ordinances and franchise agreements regarding public access. Section 15. Expenditure of Funds. PATV shall spend funds received from the cities solely for the purposes listed in this Agreement, and for the purpose of accomplishing PATV's mandate as described in PATV's Articles of Incorporation and Bylaws. Funds not expended in a given fiscal year may be carried over into succeeding fiscal years. Section 16. Fundina From Other Sources. PATV may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fund raising activities. Section 17. Term of Aqreement. This Agreement shall commence on October 1, 1996, and end on December 31, 1999,unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual written agreement of the Parties, for additional three year periods as set forth below. Section 18. Termination of Aqreement: Transfer of Assets. The cities shall have the right to terminate this Agreement for breach of any provision of the Agreement by PATV, upon sixty (60) days written notice to said breaching party, 'provided that the breaching party may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. The cities may also terminate this Agreement at the expiration of its term, or any extension thereof. The cities may also terminate this Agreement if PATV is dissolved. PATV shall have the right to terminate this Agreement for breach of any provisions of this Agreement by the cities, upon sixty (60) days written notice to them, provided that said Parties may avoid termination by curing any such alleged breach within thirty (30) days of notification or within a timeframe agreed to by the Parties. 7 Go In the event of termination of this Agreement, a committee shall be formed of an equal number of representatives from PATV and the cities, in order to determine the transfer and disposal of all assets and equipment in order to best serve public access and community needs. The cities shall have the right to terminate this Agreement on thirty (30) days written notice to PATV in the event that funding for public access shall cease to be provided by operation of federal or other applicable law. In such event, and notwithstanding Section 14. hereof, the cities shall have no liability to provide funding to PATV, nor shall the cities be liable to PATV for any damages it may suffer of claim resulting from the termination of this Agreement. Section 19. Renewal of A(~reement. This Agreement may be renewed or extended for additional periods, pursuant to the following process: Ao If PATV seeks a renewal of this Agreement, it shall do so on or before June 30, 1999, by letter of Intent to the cities requesting renewal. The cities shall respond to PATV'sletter of intent to request renewal within sixty (60) days. Renewal may not be denied solely on an alleged failure of PATV to comply with the terms of this Agreement unless the cities have provided PATV a written notice of the alleged default and opportunity to cure same, and PATV has not satisfactorily cured said default. If the cities indicate their desire to renew this Agreement, PATV shall, within sixty (60) days, submit to the cities a letter outlining the content of the proposed new Agreements including items to be negotiated in the renewal process. If the cities indicate their intention not to renew this Agreement, they must delineate, in writing, specific reasons for said denial. PATV shall be afforded a public hearing, if requested by PATV, which hearing shall be specific to PATV's performance during the period of this Agreement and to the cities' announced intention to deny renewal. Parties to this Agreement shall make all reasonable efforts to reach agreement specific to the renewal in order to prevent unnecessary interruption of the access services provided to the public under this Agreement. Section 20. Time. Time is of the essence in the performance of this Agreement and for the performance of all covenants and conditions herein. Section 21. Cooperation. Each Party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement in good faith. Section 22. Applicable Law. This Agreement shall be interpreted and enforced under applicable laws of the State of Iowa. However, the parties will consider the use of mediation in attempting to resolve any dispute between or among them. In the event of dispute which cannot be resolved through mediation or where mediation has been rejected by one or both 8 of the parties, the courts of jurisdiction shall be the Iowa District Court in and for Johnson County, Iowa, and the Southern United States District Court (Davenport Division). Section 23. Attorney Fees. In the event a legal dispute arises concerning the terms and conditions of this Agreement, and specific performance, damages and/or criminal prosecution is sought, the prevailing party shall be entitled to reimbursement for all reasonable attorney fees and costs resulting from said litigation. Section 24. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To PATV: Public Access Television, Inc. 123 S. Linn Street Iowa City, IA 52240 To City: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 To Coralville: City of Coralville 1512 7th St. Coralville, IA 52241 Any party may change its address for notice by written notice to the other party at any time. Section 25. Entire A(~reement. This Agreement is the entire agreement of the Parties, and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may be amended only by written agreement. No purported oral amendment to this Agreement shall be valid. Section 26. Severability. In the event some portion of this Agreement is found invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder shall remain in full force and effect. 9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Date written above. CITY OF IOWA CITY, a municipal corporation PUBLIC ACCESS TELEVISION, INC. a non-profit corporation By: By: Naomi J. Novick, Mayor Attest: Marian K. Karr, City Clerk Date: Date: By: CITY OF CORALVILLE, a municipal corporation Jim Fausett, Mayor City Attorney's Offlc Date: cab[etv~patwagt