HomeMy WebLinkAbout1996-12-17 ResolutionPrepared by: Jim Schoenfelder, Architect/Energy Coordinator, 410 E. Washington St., Iowa City, IA 62240 (319) 356-5044
RESOLUTION NO. 96-324
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA CITY PARKING RAMPS FACILITY UPGRADE CAPITOL AND
DUBUQUE STREET RAMPS PROJECT, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT :
A public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 14th day of
January, 1997, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa.
The City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named proposal in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty
(20) days before said hearing.
A copy of the plans, specifications, form of contract, and estimate of cost of the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 17th day of December ,19 90.
Attest: ~'~_ .~,~.~
"Gity Clerk
Maylpr ~/
ApprT~Y~~
City Attorney's Office
Resolution No. 96-324
Page ~
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Tho~-nberr.v the Resolution be
AYES: NAYS: ABSENT:
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
RESOLUTION NO. 96-325
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
Gabe's - 330 E. Washington Street
Union Bar 121E. College Street
It wasmoved by Lehman and seconded by
as read be adopted, and upon roll calltherewere:
Thornberry that the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Passed and approved this 17th day of December
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
· 1996 ·
ATTEST: ~
CITY'CLERK
MAYOR { ~/
Approved by
City Attorney's Office
\danceprm.res
Prepared by: Doug Boothroy, Director of HIS, 410 E. Washington St., Iowa City, IA 52240 (31 9) 356-5121
RESOLUTION NO. 96-326
RESOLUTION AUTHORIZING EXECUTION OF CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT, RENTAL CERTIFICATE AND RENTAL VOUCHER
PROGRAM. PROJECT NO. IA022CEO025
WHEREAS, the City of Iowa City (the "Local Authority") proposes to enter into a revised
contract (the "Consolidated Annual Contributions Contract") with the United States of
America (the "Government") with respect to any "Project" as defined in the Consolidated
Annual Contributions Contract and which at any time now or hereafter is incorporated under
the terms of such Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY as follows:
Section 1. The Consolidated Annual Contributions Contract in substantially the form hereto
attached and marked "Exhibit A" is hereby approved and accepted both as to form and
substance and the Mayor or Mayor Pro tern is hereby authorized and directed to execute said
Contract in two copies on behalf of the Local Authority, and the City Clerk is authorized and
directed to impress and attest the official seal of the Local Authority on each such counterpart
and to forward said executed counterparts, or any of them, to the Government, together with
such other documents evidencing the approval and authorizing the execution thereof as may
be required by the Government.
Section 2. Whenever the following terms are used in this Re~olution, the same, unless the
context shall indicate another or different meaning or intent, shall be construed, and are
intended to have meanings as follows:
(1) "Resolution" shall mean this Resolution.
(2)
All other terms used in this Resolution and which are defined in the revised Consolidat-
ed Annual Contributions Contract shall have the respective meanings ascribed thereto
in the revised Consolidated Annual Contributions Contract.
Section 3. This Resolution shall take effect immediately.
Passed and approved this 17th day of December
,1996.
CITY CLERK
hisasst\contr21 .res
MAYOR
Ap v~ by
City Attorney's Office
Y/30
Resolution No. 96-326
Page 2
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
U.S. Department of Housing and Urban Development
Office of Public Housing
Iowa State Office, Great Plains Ar~a
F~eral Building
210 Walnut Street, Room 239
Des Moines, Iowa 50309-2155
January 21, 1997
Mr. Doug Boothroy
Director
Housing & Inspection Services
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Mr. Boothroy:
SUBJECT:
Section 8 Consolidated Annual Contributions (ACC),
IA022CE0025, Iowa City, Iowa
Enclosed is your copy of the fully executed Section 8
Consolidated Annual Contributions Contract for the above
referenced project.
If you should have any questions, please contact John
Johnson
at (515) 284-4321.
si~n~rely,
arl M. i~
Director
Enclosure
Consolidated Annual
Contributions Contract
Rental Certificate Program
and Rental Voucher Program
Table of Sections
page
1. Definitions ................................. 1
2, Funding for HA Certificate or Voucher Program ....... 2
3. Term ..................................... 2
4. HUD Payments for Program ..................... 2
5. Maximum Payments for Program .................. 2
6, Reduction of Amount Payable by HUD .............. 2
7. ACC Reserve Account ......................... 2
8. Separate ACC for Funding Increment ............... 2
9. Budget and Requisition for Payment ................ 2
10. HUD Requirements ........................... 3
11, Use of Program Receipts ....................... 3
1, Definitions
ACC. Annual contributions contract.
ACC Reserve Account. An account established by HUD for
a program from amounts by which the maximum payment
to the HA under the consolidated ACC (during an HA hscal
year) exceeds the amount actually approved and paid. This
account is used as the source of additional payments for the
program.
Annual Contributions Contract. The contract for each
funding increment. HUD's commitment to make payments
for each funding increment ("project"l listed in the funding
exhibit constitutes a separate ACC.
Budget Authority. The maximum amount of funds available
for payment to the HA over the term of a funding
increment. Budget authority is authorized and appropriated
by the Congress.
Consolidated Annual Contributions Contract (consolidated
ACC). The consolidated contract for the HA certificate
program and voucher program. HUD's commitment to make
payments for each funding increment in a program
constitutes a separate ACC. However, commitments for all
the funding increments are listed in this consolidated ACC.
Contract Authority. The maximum annual payment by HUD
tO the HA for a funding increment. The amount of contract
authority for each funding increment in a program is listed in
the funding exhibit for the program.
Fiecat Year. The HA fiscal year. The funding exhibit states
the last month and day of the HA fiscal year.
U,S, Department of Housing
and Urban Development
Office of Public and Indian Housing
Section 8
page
12. Administrative Fee Reserve .................... 3
13. Depositary ................................ 3
14. Program Records ............................ 3
15. Default by HA .............................. 3
16. Fidelity Bond Coverage ....................... 4
17. Exclusion from Program ...................... 4
18. Conflict of Interest Provisions .................. ~,
19. Interest of Member of or Delegate to Congress ...... 4
20. Exclusion of Third Party Rights .................. 4
21. Consolidated ACC ........................... 4
Page
Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of funding for a
program. There are separate funding exhibits for the HA
certificate program and voucher program.
Funding Exhibit A. The funding exhibit for the HA
certificate program.
Funding Exhibit B. The funding exhibit for the HA voucher
program.
Funding Increment (also called a "Project'l. Each
commitment of budget authority by HUD to the HA for a
program under the consolidated ACC. The funding
increments for the program are listed in the program funding
exhibit.
HA, Housing agency.
Housing Agency (HA), The agency that has entered this
consolidated ACC with HUD.
HUD. U.S. Department of Housing and Urban Development.
Program. The HA certificate program or voucher program.
Program Expenditures. Amounts which may be charged
against program receipts in accordance with the
consolidated ACC and HUD requirements.
Program Receipts. Amounts paid by HUD to the HA for a
program, and any other amounts received by the HA in
connection with the program.
Project, A funding increment for the program.
form HUD-52520 (11193]
1 of 5
Funding for HA Certificate or Voucher Program
(a)
The funding increments in the HA certificate program or
voucher program are listed in the funding exhibit for the
program.
The amount of contract and budget authority for each
funding increment in a program is stated in the program
funding exhibit.
(cl
By giving written notice to the HA, HUD may revise a
funding exhibit:
(1) To add a cost amendment project,
(2) To remove a project for which the ACC term has
expired.
Term
(a) The funding exhibit states the first date and last date of
the ACC term for each funding increment.
(b) If the first or last date of the ACC term for a funding
increment is not entered before the consolidated ACC is
signed by the HA. HUD may enter the date
subsequently, by giving written notice to the HA
~. HUD Payments for Program
(a) HUD wdl make payments to the HA for a program in
accordance with HUD regulations and requirements.
(b)
For each HA fiscal year, HUD will pay the HA the
amount approved by HUD to cover:
(1) Housing assistance payments by the HA for a
program.
{2) HA fees for administration of the program.
{c)
The amount of the HUD payment may be reduced, as
determined by HUD, by the amount of program receipts
{such as interest income) other than the HUD payment.
5. Maximum Payments for Program
(a) Annual Limit Except for payments from the consolidated
ACC reserve account, the HUD annual payments for a
program during a fiscal year must not be more than the
sum of the contract authority amounts for the funding
increments in the program.
(b) Limit on Paymenta for Funding Increment The total
amount of payments for any funding increment over the
increment term must not exceed budget authority for the
funding increment.
6. Reduction of Amount Payable by HUD
(a) If HUD determines that the HA has failed to comply with
any obligations under the consolidated ACC, HUD may
reduce to an amount determined by HUD:
{1) The amount of the HUD payment for any funding
increment.
(2) The contract authority or budget authority for any
funding increment.
(b) HUD must g~ve HA written notice of the reduction.
{c)
The HUD notice may include a revised funding exhibit
to state the reduction in the amount of contract
authority or budget authority for a funding increment.
The notice of a revised funding exhibit, or of revisions
to the funding exhibit for a program constitutes an
amendment of the consolidated ACC.
7. ACC ReserveAccount
An ACC reserve account may be established and maintained
by HUD. The amount in the account is determined by HUD.
The ACC reserve account may be used by HUD to pay any
portion of the program payment approved by HUD for a
fiscal year.
8. Separate ACC for Funding Increment
HUD's commitment to make payments for each funding
increment ('project") listed in the funding exhibit constitutes
a separate ACC.
9. Budget and Requisition for Payment
(a)
(b)
(c)
Each fiscal year, the HA must submit to HUD an
estimate of the HUD payments for the program. The
estimate and supporting data must be submitted at
such time and in such form as HUD may require, and
are subject to HUD approval and revision.
Page 2 of 5
The HA must requisition periodic payments on account
of each annual HUD payment. Each requisition must be
in the form prescribed by HUD. Each requisition must
include certification by the HA that:
{1} Housing assistance payments have been made in
accordance with contracts in the form prescribed
by HUD and in accordance with HUD requirements;
and
(2) Units have been inspected by the HA in accordance
with HUD requirements.
If HUD determines that payments by HUD to the HA for
a fiscal year exceed the amount of the annual payment
approved by HUD for the fiscal year, the excess must
be applied as determined by HUD. Such applications
determined by HUD may include, but are not limited to,
application of the excess payment against the amount
of the annual payment for a subsequent fiscal year.
The HA must take any actions required by HUD
respecting the excess payment, and must, upon
demand by HUD, promptly remit the excess payment to
HUD.
form HUD-52520 (11/93)
lO. HUD Requirements
13. Depositary
(a)
(b)
The HA must comply, and must require owners to
comply. with the requirements of the U.S, Housing Act
of 1937 and all HUD regulations and other
requirements, including any amendments or changes in
the law or HUD requirements.
The HA must comply with its HUD-approved
administrative plan, equal opportunity housing plan, and
HUD-approved program funding applications.
{c) The HA must use the program forms required by HUD.
(a}
(b)
{c)
Unless otherwise required or permitted by HUD. all
program receipts must be promptly deposited with a
financial institution selected as depositary by the HA in
accordance with HUD requirements.
The HA must enter an agreement with the depositary
institution in the form required by HUD.
The HA may only withdraw deposited program receipts
for use in connection with the program in accordance
with HUD requirements.
(d) The HA must proceed expeditiously with the programs
under this consolidated ACC.
t l. Use of Program Receipts
(a)
The HA must use program receipts to provide decent,
safe, and sanitary housing for eligible famihes in
compliance with the U.S. Housing Act of 1937 and all
HUD requirements. Program receipts may only be used
to pay program expenditures.
(b)
The HA must not make any program expenditures, ex-
cept in accordance w~th the HUD-approved budget ash-
mate and supporting data for a program.
(d}
The agreement with the depositary institution must
provide that if required under a written notice from HUD
to the depositary:
{1) The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
the HA are expressly authorized by written notice
from HUD to the depositary.
(2) The depositary must permit withdrawals of
deposited funds by HUD.
(el If approved by HUD, the HA may deposit under the
depositary agreement monies received or held by the
HA in connection with any contract between the HA
and HUD.
Interest on the ~nvestment of program receipts
constitutes program receipts.
(d)
If required by HUD, program receipts ~n excess of current
needs must be promptly remitted to HUD or must be
rovested in accordance w~th HUD requirements.
14. Program Records
(a)
The HA must maintain complete and accurate books of
account and records for a program. The books and
records must be in accordance with HUD requirements.
and must permit a speedy and effective audit.
t 2. Administrative Fee Reserve
The HA must maintain an administrative fee reserve for
a program. The HA must credit to the administrative
fee reserve the total of:
(1) The amount by which program administrative fees
paid by HUD for a fiscal year exceed HA admini-
strative expenses for the fiscal year, plus
(2} Interest earned on the administrative fee reserve.
{b)
The HA must use funds in the administrative fee
reserve to pay administrative expenses in excess of
program receipts. If any funds remain in the
administrative fee reserve, the HA may use the
administrative reserve funds for other housing purposes
if permitted by State and local law.
(b)
(c)
(d)
The HA must furnish HUD such financial and program
reports, records, statements, and documents at such
times, in such form, and accompanied by such
supporting data as required by HUD.
HUD and the Comptroller General of the United States,
or their duly authorized representatives. must have full
and free access to all HA offices and facilities, and to
all the books. documents, and records of the HA
relevant to administration of the program, including the
right to audit and to make copies.
The HA must engage and pay an independent public
accountant to conduct audits that are required by HUD.
The cost of audits required by HUD may be charged
against program receipts.
{c)
If the HA is not adequately administering any Section 8
program in accordance w~th HUD requirements, HUD
may:
(1) Direct the HA to use the funds to improve admini-
stration of the Section 8 program or for reim-
bursement of ineligible expenses.
(2) Prohibit HA use of administrative fee reserve funds.
15. Default by HA
(a}
Page 3 of 5
Upon written notice to the HA, HUD may take
possession of all or any HA property, rights, or interests
in connection with a program, including funds held by a
depositary, program receipts, and rights or interests
form HUD-52520 (11/93)
under a contract for housing assistance payments with
an owner, if HUD determines that:
(1) The HA has failed to comply with any obligations
under this consolidated ACC; or
(2) The HA has failed to comply with obligations under
a contract for housing assistance payments with an
owner. or has failed to take appropriate action, to
HUD's satisfaction or as directed by HUD, for
enforcement of the HA's rights under a contract for
housing assistance payments (including requiring
actions by the owner to cure a default, termination,
or reduction of housing assistance payments,
termlnat~on of the contract for housing assistance
payments, or recovery of overpayments); or
(3) The HA has made any misrepresentation to HUD of
any material fact.
(b) HUD's exercise or non-exercise of any right or remedy
under the consolidated ACC is not a waiver of HUD's
r~ght to exercise that or any other right or remedy at
any time.
functions with respect to a con{fact for housing
assistance payments executed, or to be executed, on his
Or her behalf, Or with respect to a contract for housing
assistance payments to which this person is a party.
{d) The provisions of this section do not apply to the
depositary agreement, or to utility service for which the
rates are fixed or controlled by a governmental agency.
19.1nterest of a Member of or Delegate to Congres~
No member of or delegate to the Congress of the United
States of America or resident commissioner shall be
admitted to any share or part of this consolidated ACC or to
any benefits which may arise from it.
20. Exclusion of Third Party Rights
{a) A family that ~s eligible for housing assistance under
this consolidated ACC is not a party to or third party
beneficiary of the consolidated ACC.
Fidelity Bond Coverage
The HA must carry adequate fidehty bond coverage, as
required by HUD, of its officers, agents, or employees hand-
ling cash or authorized to sign checks or certify vouchers.
17. Exclusion from Program
Single-headed households, pregnant females, and recipients
of public assistance may not be excluded from participation
~n or be denied the benefit of a program because of such
status.
18. Conflict of Interest Provisions
(a)
Neither the HA nor any of its contractors or their
subcontractors may enter into any contract,
subcontract, or arrangement in connection with a
program in which any of the following classes of
persons has an interest, direct or indirect, during tenure
or for one year thereafter:
(1) Any present or former member or officer of the HA
(except a tenant commissioner).
(2) Any employee of the HA who formulates policy or
who influences decisions with respect to a
program.
(3) Any pubhc official. member of a governing body, or
State or local legislator who exercises functions or
responsibilities with respect to a program.
(b) Nothing in the consolidated ACC shall be construed as
creating any right of any third party to enforce any
provision of th~s consolidated ACC, or to assert any
claim against HUD or the HA.
Consolidated ACC
(a) The consolidated ACC ~s a contract between HUD and
the HA.
(b) Th~s consolidated ACC supersedes any previous annual
contributions contract for a program. Matters relating
to funding or operation of the program under a previous
annual contributions contract are governed by this
consolidated ACC.
(b)
Any member of these classes of persons must disclose
the member's interest or prospective interest to the HA
and HUD.
(c!
The requirements of this section may be waived by
HUD for good cause. No person for whom a waiver is
granted shall be permitted to exercise responsibilities or
Page 4 of 5
form HUD-52520 (11193)
United States of America
Secretary of Housing and Urban Develapment
Signature of Authorized Repreeentative:
XName & Official Title: (rpi~
Harl M. Hamelin, Director, Office of Public Housing
Date signed:
Housing Agency
Name of Agehey: {print or type)
IOWA CITY HOUSING AUTHORITY
Signature of Authorized Representative:
Date s,gned:
Name &[Offk=iel{'l/_/fie: ~rint or type)
NAOMI J. NOVICK, MAYOR, CITY OF IOWA CITY
Page 5 of 5
form HUD-52520 (11/93!
FIELD 12~FFIEE: 7DPH
C~FFICE OF F'UDLIC HOUSING
HA NUME~ER:
CITY OF IOWA CITY
^TTN: REGINA SCHRE I ~.ER
410 E. WASHINGTON ST.
IOWA CITY ~ IA
5.Z'Z:4
tlA FISCAL YEAR-END: 06/30
PROGRAM FYPE: CERTIFICATE PROGRAM
U. ',';.
I)LF'ARFI'IENT OF 140USING AND URBAN DEVELOPMEN!
Pill SECTION 8 - FUNDING EXHIBIT
PROGRAM-E:ASED
ACC hlUMI~:ER: I^02£62
FI FIRST DATE LAST [)ATE CONTFcACI CONTRACT F-:UDGET
NUM~:ER OF TERM OF TERM FE[~I.I ALlTHOR I TY AUTHOR I TY
0.'$/01/._'B 1 05/:31 /?6 l :-::C' 0 I ', :_'-:~0 ~ 500
10101183 C:'~/30 / .'F"~: ) :.':0 .?.? ,.300 I ", .3.0~ ', .500
01 / 01/.°.5 12 /,31 / 7o 1 ~:0 5.0. ~ 464 .9
02/01187 01131/O.E 1.S:0 1 ~9', 600 I 'i, .'P44 ", 000
01/01/,01 12131197 .?:.l 0 257,3:::0
01/01/,01 1 E/31/';'7 :::4 0 1 j 7 Y.~, :_-4~,~.
07/01/'P 1 06/30/?d. ,S0 0 2, ,0"~3 ~ 1 ~0
I I/01/71 101'2:1/?~. <50 121 ~,02,8
07/01/'P2 Od./30/'P7 4.0 3.-0.5,735 1
12/01/93 11 / :30/':'8 <.-0 127 "., 3?0 636 ', 950
07101193 0,$13019:_--: 61) 147 ~, 752 738 ~ 760
07/01/.°4 0S/30/?:-_-: 4'._:: .288,430 1,153,720
06/01/9C'-. 05/31/9._°. 24 764,040 1 ', 52.°_.., OSO
07101/96 0613(>19.'--_.' 24 137,._°.96 Z7S', 772
11/01/,°6 10/31/97 IZ 111~540 111~540
07/01/,07 Od,/:::O/'P8 1J. 3,08 ', 460 3,0._°. .~ 460
Prepared by: Doug Boothroy, Director, H&IS, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5121
RESOLUTION NO. 96-327
RESOLUTION AUTHORIZING THE ADOPTION OF THE ALLOWANCES FOR
TENANT-FURNISHED UTILITIES AND OTHER SERVICES FOR THE IOWA
CITY HOUSING AUTHORITY PROGRAMS
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Depadment of Housing and Urban Development requires annual review of
the utility allowances under the Certificate, Voucher, and Public Housing Programs; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer Certificate, Voucher and Public
Housing Programs; and
WHEREAS, the participants of the housing assistance programs would benefit from the
adoption of the revised utility allowances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the attached document entitled "ALLOWANCES FOR TENANT-FURNISHED
UTILITIES AND OTHER SERVICES" be adopted as the policy of the Iowa City Housing
Authority effective February 1, 1997.
That 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 17th day of Dece~lber
, 1996.
A'I-rEST: //~~
CITY-CLERK
MAYOR
Approved by
City Attorney's Office
h~sasst~ublallw res
Resolution No. 96-327
Page 2 .
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND OTHER SERVICES
LOCATION UNIT TYPE EFFECTIVE DATE
Detached/Semi-Detached/Mobile Home February 1, 1997
I 0 BR
I BR
2 BR I 3 BR
UTILITY
HEATING
Gas 11 14 24 34 36
Propane 16 18 31 42 44
Electric 20 23 33 48 47
COOKING
Gas 3 4 5 6 6
Propane 4 5 7 8 8
Electric 4 6 7 8 8
4 BR
OTHER ELECTRICAL
WATER HEATING
Gas
Propane
Electric
J 17
20
25
J 32 44
2 3 4 5 6
3 4 5 6 7
4 6 7 8 9
WATER
J 3
6
SEWER
TRASH
Garbage
APPLIANCES
Stove
Refrigerator
3
5
3
5
5
3 3 3 3 3
3 3 3 3 3
OTHER (Specify)
TOTAL -
Circle Allowance &
Enter Total Here
h~sassEdetahalf.94
ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND OTHER SERVICES
LOCATION UNIT TYPE EFFECTIVE DATE
Multi-Family
L 0BR
UTILITY 1 BR 2 BR
HEATING
Gas 9 12 22 31 32
Propane 12 16 27 38 42
Electric 20 23 33 48 47
COOKING
Gas 3 4 5 6 6
Propane 4 5 7 8 8
Electric 4 6 7 8 8
February 1, 1997
3 BR 4 BR
OTHER ELECTRICAL
WATER HEATING
Gas
Propane
Electric
17
2O
25
32
44
2 3 4 5 6
3 4 5 6 7
4 4 7 8 9
WATER
3
3
3
5
6
SEWER
TRASH
Garbage
APPLIANCES
Stove
Refrigerators
OTHER (Specify)
TOTAL ~
Circle Allowance &
Enter Total Here
3
5
3
5
3
5
3
5
3
5
3 3 3 3 3
3 3 3 3 3
City of Iowa City
MEMORANDUM
From: Douglas Boothroy, Director of H;,lusi n~ces
Re: Utility Allowances for Section 8 Iertificate and Public H~using Programs
Recommendation
The Housing and Community Development Commission (HCDC) has developed recommended
increases in utility allowances for both Section 8 Public Housing programs (you received those
recommendations on 12/3/96). Staff supports these increases and recommends that City Council,
in its capacity as the local Housing Authority, adopt them.
Background
HUD requires the local Housing Authority to establish utility allowances for Section 8 Certificate
and Public Housing programs. The allowances must be based on locally-determined rationale.
The Housing Authority is required to review utility allowances on an annual basis. Current
allowances were established in July 1995.
Definitions
Contract rent -Maximum rent paid to the landlord from the combined contributions of the tenant
and the Housing Authority.
Fair market rent -HUD-determined rent schedule for this demographic area.
Utility allowance -An amount deducted from the fair market rent to determine the maximum
contract rent and the tenant's rent obligation.
Impact of Utility Allowance Increases on Section 8 Certificate Tenants
The recommended utility allowance increases will have a positive impact on the majority of
Section 8 tenants. The tenant's share of the rent will be reduced, thus enabling the tenant to
retain more income to apply towards utility expenses. There will, however, be a minimal negative
impact on new tenants who may experience a reduction in the number of units available to rent
(due to lower maximum contract rents).
Included with this memo is an example of how the HCDC recommended utility allowances impact
both existing and new tenants. The example illustrates the following impacts:
1. Existing tenants that choose not to move (i.e. renewing leases) will see a reduction in their
share of the rent. There will be no change in the amount of rent received by the landlord.
2
2. New tenants, transfers, movers (i.e., approximately 125 families) will see a lower maximum
contract rent which reduces the number of units available to rent and impacts unit location and
desirability.
Impact of Utility Allowance Increases on Public Housing Program
The impact of the HCDC recommendation on the public housing program (assuming no tenant
turnover) is the loss of rent revenue of approximately $15,000 per year. Any loss in rent revenue
due to changes in utility allowances is not reimbursable by HUD. However, the loss of rent
revenue may be partially compensated for through the tenant selection process.
The loss of rent revenue could be offset by establishing utility allowances for the Section 8
Certificate program which are different than the allowances for Public Housing Programs (this is
allowed by HUD). However, neither HCDC nor staff supports this action due to the lack of
fairness inherent in such a system.
I'll be present at your informal Council meeting to discuss this matter with you. Thank you for
your consideration.
Attachment
TWO BEDROOM
UTILITY ALLOWANCE
SECTION 8 CERTIFICATE PROGRAM
1.2 Bedroom FMR
2. Utility Allowance
3. Contract Rent
4. Typical tenant rent
(1 parent, I child)
5. Housing
Assistance Payment
(HAP)
Definitions:
1. FMR:
2. Contract rent:
3. Tenant rent:
4. HAP:
Existing HCDC Proposed
Utility Utility
Allowance Allowances
$549 $549 No change
-49 -58 $9 increase
$5OO $491
-47 -38
$453 $453
IMPACTS
Existing Tenants New Tenants
Maximum contract rent
not changed for existing
tenants renewing a
lease. (i.e. contract rent
remains $500)
Tenant rent reduced by
$9/month.
HAP increased by $9 to
$462. Housing Authority
reimbursed for utility
allowance.
No change
Same
· Maximum contract
rent lowered for new
tenants/transfers/
movers (i.e. 125
families/app mximately
25% tenant turnover).
· New tenants or
movers cannot rent a
unit for more than
$491/month.
· Lower contract rent
reduces the number of
units available to be
rehted, and impact
unit location and
desirability.
Same
HAP is $453.
Fair market rent set by HUD at the 40 percentlie.
Maximum rent allowed under Section 8 Certificate program.
Total rent owed by tenant.
Total rent subsidy paid by HUD.
December 9, 1996
Detached/Semi-Detached/Mobile Home February 1, 19,9,9~
UTIL~ITY ~ 0 BR 1 BR 2 BR 3 BR ~, BR
HEATING ~
Gas ~ 11 14 24 ~ 36
Propane ~ 16 18 31 42 44
Electric ~ 20 23 33 48 47
COOKING ~ 2 3 4 6 7
Gas ~ 3 4 ~ 6 6
Propane ~ 4 5 7 8 8
Electric 4 6 7 8 8
OTHER ELECTRICAL 25 32 44
WATER HEATING 3 4 5 6 7
Gas 2 3 4 5 6
Propane 3 4 5 6 7
Electric 7 8 9
WATER 3
SEWER
TRASH
Garbage
APPLIANCES
Stove
Refrig~
OTHER
&
En Total Here
3
5
3
3
3 3
3
5
5
3
5 5
6
3
5
3 3 3
3 3 ." 3
h~sasst~detahalf 94
LOCATION
ALLOWANCES FOR TENANT-FURNISHED UTILITIES AND OTHER SERVICES
UNIT TYPE
Multi-Family
I OBR. 1 BR 2BR 3BR
EFFECTIVE DATE
February 1, 1997
9 12
~e 12 16
20 23
COOKING 2 3
Gas 3 4
Propane 4 5
Electric 4 6
3 4
OTHER ELECTRICAL
WATER HEATING
Gas
Propane
Electric
3
4
4
22 31 32
27 42
33 48 47
4 6 7
6 6
8 8
7 8 8
5 6 7
25 32 44
4 5 6
5 6 7
7 8 9
WATER
3 3
6
SEWER
TRASH
Garbage
APPLIANCES
Stove
3
5
5
3 3
3 3
5
3
3
3
OTHER
TOTAL
Circle
EnterTotalHere
Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City. IA 52240 319-356-5246
Resolution No. 96-328
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TOA'rTEST ASUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND IOWA STATE BANK &TRUST COMPANY, IOWA CITY,
IOWA FOR PROPERTY LOCATED AT 1918 HOLLYWOOD BOULEVARD,
IOWA CITY, IOWA,
WHEREAS, the City of Iowa City is the owner and holder of an Agreement executed by the
agency which owns 1918 Hollywood Boulevard on December 20, 1993, and recorded in Book
1703, Page 197 through 207 in the Johnson County Recorder's Office, and covedng the
following-described real estate:
Lots 159 and 160, Mount Prospect Addition, Part IV, an addition to the City of Iowa City,
Iowa, according to the plat thereof recorded in Plat Book 18, page 50, Plat Records of
Johnson County, Iowa.
and
Lot 106 in Mount Prospect Addition, Part III, Iowa City, Iowa, according to the plat
thereof recorded in Book 15, page 76, Plat records of Johnson County, Iowa.
WHEREAS, the City's lien totals $30,000.00; and
WHEREAS, Iowa State Bank & Trust Company, Iowa City, Iowa proposes to refinance a loan
to the owner of said real estate in the sum of $216,061.00 and to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Agreement held by the City be subordinated to the lien of
the proposed mortgage in order to induce Iowa State Bank & Trust Company to make such a
loan; and
WHEREAS, Iowa State Bank & Trust Company has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage to Iowa State Bank & Trust Company; and
WHEREAS, there is sufficient value in the above described real estate to secure said lien as
a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached
subordination agreement between the City of Iowa City and Iowa State Bank & Trust Company,
Iowa City, Iowa.
Resolution No. 96-328
Page 2
Passed and approved this 17th day of December
,1996.
ATTEST: C~ ~,
MAYOR
A~/~Z.~"~.r°ved
City Attorney's Office
It was moved by Lehman and seconded by Thornberry
be adopted, and upon roll call there were:
the Resolution
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
NoVon
· Novick
ThomberN
¥anderhoef
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
Iowa State Bank and Trust Co of Iowa City
herein the Financial Institution.
Aqreement for use of CDBG funds
WHEREAS, th~ City is the owner and holder of a certain / (nAgreemeht") which at this time is
in the amount of $ 30.000.00 and was executed by Systems Unlimited, Inc.
(herein the Owner), dated DecembeT 20 1993 , recorded
February I0 , 19 94 , In Book 1703 ~ Page197-2'0~7 Johnson County
Recorder's Office, covering the following-described re'al property:
LOT 159 AND LOT 160, MOUNT PROSPECT ADDITION, PART IV, AN A~DITION TO THE
CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
18, PAGE 50, PLAT RECORDS OF JOtLNSON COUNTY, IOWA.
AND
LOT 106 IN MOUNT PROSPECT ADDITION PART III iOWA CITY, IOWA, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK 15, PAGE 76, PLAT RECORDS OF JOHNSON COUNTY, IOWA.
WHEREAS, the Financial Institution proposes to loan the sum of $ 216,06! on a
promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage
covering the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
"Aqreement" held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted "Agreement" . held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act
of subordination herein.
Senior Mortgage. The mortgage in favor of the Finandal Institution is hereby
acknowledged as a lien superior to the "Agreement" of the City.
SUBORDINATION AGREEMENT
Page 2
Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this 11th day of December , 19 96
By
CITY OF IOWA CITY
Attest:
CITY'S ACKNOWLEDGEMENT
Mayor
City Attomey'e Office
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
Onthis /~'~/~ dayof
,199~,, before me, the undersigned, a Notary
Public in and for the State of iowa, personally appeared Tt~,...= J. ~,~;~.~' and
Marian K. Kerr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinano~) (Resolution) No. 9&- $ Z ~5 passed (the Resolution adopted) by the ,City Council,
under Roll Call No. -------- of the City Council on the /q ~' day of
..b~t~,~,J~,,~- ,19 ~, ,andthat -/'l,~.z~; ~-rlo.~¢/~. and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this !!th day of
undersigned, a Notary Public
Lori R. Lacina and
December , A.D. 19 96 , before me, the
in and for the State of Iowa, personally appeared
~.~ f. ~.~ · , tO me personally known, who
SUBORDINATION AGREEMENT
Page 3
being. by me duly sworn, did say that they are the Lori R. Lacina and
~,-e.,,J- L .'}'-c~ la-- , respectively, of said corporation executing the within and foregoing
instrument to which this Is attached, that said instrument was signed and sealed on behalf of
said corporation by author,ty of its Board of Directors; and that the said
Lori R, Lacina and ,~t-- /._ ~.~/L{)e.. 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.
Prepared by Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; {319)3,56-5142
RESOLUTION NO. 96-329
RESOLUTIQN ACCEPTING THE WORK FOR
THE 1996 MAINTENANCE AND REPAIR PROJECT--CAPITOL STREET PARKING RAMP
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,
Construction of the 1996 Maintenance and Repair Project--Capitol Street Parking
Ramp as constructed by Paragon Constructors, Inc. of Minneapolis, Minnesota.
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this l~7th day of December , 1996.
ATTEST: ~
CITY-CLERK
MAYOR
Approved by
City Attorney's Office
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
AYES:
X
X
X
X
X
X
NAYS:
Thornberry
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
the Resolution be
ENGINEER'S REPORT
CITY OF I0 WA CITY
December 5, 1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: 1996 Maintenance and Repair Project- Capitol Street Parking Ramp
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the 1996 Maintenance and Repair Project -
Capitol Street Parking Ramp has been completed in substantial accordance with the
plans and specifications prepared by Shive-Hattery Engineers and Architects, Inc. The
final contract price is $256,262.00.
I recommend that the above-referenced improvements be accepted by the City of Iowa
City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASIIINGTO~T STREET e IOWA CITY, IOWA 52240-1826 · {319) 356-5000 · FAX {319} 356-5009
Memorandum
DATE:
TO:
FROM:
RE:
December 12, 1996
Stephen Arkins, City Manager
Bill Dollman, Parking Manager "'~/~
Capitol and Dubuque Street Ramp Upgrades
This memo is to bring you up to date on the status of the improvements which are either under way or are
being planned in file near future for the Capitol and Dubuque Street ramps.
Current Protects:
At present, work is in progress on replacing all directional signs in the Capitol Street ramp. The new
signs will replace the original signs, which have over the past twelve plus years have lost their reflective
ability and are hard to read, as well as to provide better vehicle and pedestrian information. This
project does not include replacing the existing No Parking 6 to 10 a.m. signs throughout the Capitol
ramp. Upon completion of the Capitol Street ramp, the signage in the Dubuque Street ramp will begin.
The costs for replacing signage in the two ramps will be $41,527.
By the end of December, it is anticipated that lighting improvement projects will begin. These projects
will include the installation of additional lighting around elevator lobbies and pedestrian walkways in the
deck area of both Capitol and Dubuque Street ramps. In addition, new fixtures will be installed in the
stair towers to replace the original ones. The existing fixtures are the fluorescent type and do not provide
the proper level of lighting especially duriug the cold months. The costs involved for these projects will
be $43,340.
Proposed Pmiects:
Under the proposed project, the parking division will continue with a general upgrade of both the Capitol
mid Dubuque Street parking garages. The work thus far been mostly replacement of original materials,
however, under this next phase we will actually be adding to or upgrading the existtug facilities.
Improvements under this proposal will inclndc: painting of directional/informational signs on the walls
and columns; surface finish improvements to the elevators and elevator lobbies; improving handicap
accessibility of lobby doors; and closing off the access to the mechanical room level of Capitol Street
romp to clinfinate graffiti. The painling portion had been planned for earlier this Fall but was not
scheduled due to the onset of cold weather and the fact we received only one bid.
Tile prcliminaE,' cost ofthe combined project was $200,000. Inilially the program was divided into two
phases - the replacement phase, which is in progress and the improvement phase, which has been
packaged into one bid and is being considered at the upcoming public hearing. Our intent is that by
combining all improvements into one package, the project will be easier to coordinate and may result in a
better price from one general contractor.
No improvements have been made to these facilities since they were constructed in the late 19?0's. Since
that time, design standards for parking facilities have changed to create a user friendly facility instead of
just a parking place for customers The division's goal is to help bring the Capitol and Dubuque Street
ramps up to the standard set by the Chauncey Swan ramp in 1994.
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144
RESOLUTION NO. 96-330
RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE
1996 SANITARY AND STORM SEWER PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
1 996 Sanitary and Storm Sewer Project, as included in a contract between the City of Iowa
City and C. and L. Construction of Iowa City, Iowa, dated June 4, 1996, be accepted; and,
WHEREAS, the performance and payment bond has been filed in the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT
said improvements are hereby accepted by the City Council of Iowa City, Iowa.
Passed and approved this 17th day of December , 1996.
ATTEST: ~.~,..~
CITY-CLERK
MAYOR
City Attorney's Office
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberr.,v the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng~9 6sow~2.re~
ENGINEER'S REPORT
CITY OF I0 WA CITY
December 5, 1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: 1996 Sanitary and Storm Sewer Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Sanitary and Storm Sewer Project has
been completed by C and L Development in substantial accordance with the
plans and specifications prepared the Engineering Division of the City of Iowa
City'. The final contract price is $76,975.10.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHI?iOTOH STR£E? · IOWA CITY, IOWA $2240-18~6 · (319) :l~6-$000 · FAX (~19)
Prepared by: Sarah E. Holecak, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 96-331
RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST, A LICENSE AGREEMENT
FOR THE TEMPORARY USE OF PUBLIC PROPERTY AT 928-930 IOWA
AVENUE FOR THE ACCOMMODATION OF A FRONT PORCH OVERHANG AND
ENCROACHMENT ON THE IOWA AVENUE RIGHT-OF-WAY.
WHEREAS, Gloria S. Walsh is the fee owner of certain real estate located at 928-930 Iowa
Owner, ], and
Avenue, Iowa City, Iowa, [hereinafter .... '
WHEREAS, Owner wishes to reconstruct a front porch on the residence at the above address
in accordance with the residence's original, historic architectural design, which design is in
conformance with other historic properties in the neighborhood; and
WHEREAS, pursuant to its original, historic design, said front porch at the above residence
will encroach into the Iowa Avenue right-of-way by approximately one foot (1 '); and
WHEREAS, it is in the public interest to preserve the original architecture of historic properties
and historic neighborhoods; and
WHEREAS, the Department of Public Works finds the construction of the porch to be a
minimal intrusion onto the public right-of-way, and also finds that traffic will not be materially
impeded; and
WHEREAS, the City agrees to allow the temporary use of the Iowa Avenue right-of-way as
a valid public purpose in order that the original, historic design of the residence at 928-930
Iowa Avenue may be preserved, subject to the terms and conditions stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The terms and conditions contained in the License Agreement for Temporary Use of
Public Right-of-Way attached hereto and incorporated herein is approved as to form
and content.
The Mayor is authorized to execute, and the City Clerk to attest, the License
Agreement for Temporary Use of Public Right-of-Way for and on behalf of the City of
Iowa City.
Passed and approved this 17th day of December , 1996.
ATTEST: ~
CIT¥"CLERK
MAYOR
Resolution No. 96-331
Page 2
It was moved by Kubb~, and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
. Norton
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
D£C-1G-8~ 1S~S0 ~ROM: ID~ ~AG£ ~
Prepared by: SRr~ah E. Holeoak, Asst. City Arty., ~.10 E, Washingto~ S;.. Iowa CIty, IA 319-356-5030
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
This Agreement is made by and between Gloria S. Walsh, hereinafter referred to as "Owner,"
and the City of Iowa City, a municipal corporation, hereinafter referred to as "City."
WHEREAS, Owner is the fee owner of certain real estate located at 928-930 Iowa Avenue,
Iowa City, Iowa; arid
WHEREAS. Owner wishes to reconstruct a front porch on the residence at the above address
in accordanc. e w~th the residence's original, historic architectural design, which design is in
confore, anco with other historic properties in the neighborhood; and
WHEREAS, pursuant to its original, historic design, said front porch at the above residence
will ~r~croach irate the Iowa Avenue right-of.way by approximately one foot [1 '); and
WHEREAS, it is in tire public interest to preserve the original architecture of historic properties
and historic nci,qhborhoods and
WHEREAS, the Department of Public Works finds the construction of the porch to be a
minimal intrusion onto the p~]bhc right.of-way, and also finds that traffic will I~Ot be materially
impeded; and
WHEREAS, the C~ty egress to allow the temporary use of the Iowa Avenue right-of-way as
a valid public purpose in order that the original, historic design of the residence at 928-930
Iowa Avenue may be preserved, subject to the terms and conditions stated herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISE SET FORTH BELOW, IT
IS AGREED AS FOLLOWS:
Owner shall be allowed to construct, use and maintain e front porch on approximately
one foot {1 ') of City rigl)t-of-wa¥ property abutting 928-g30 Iowa Avenue as shown
or~ lhose drawings submitted to the Iowa City Department of Housing and Inspection
Services.
Owner agrees to remove the encroaching portion of the front porch from the Iowa
Avunue right-of-way when any one of the following events occurs:
a. Within 30 days after being ordered to do so by the City.
The use of the property changes and the historically designed front porch is no
orlger needed.
Upon a breach of fi~is License Agreement for Temporary Use of Right Of Way.
D£¢-16-e6 15~51 ~OM~ ID: Ph~£ 3
If Owner fails to remove the encroaching portion of the front porch as required above,
the City may remove it and the cost thereof shall be assessed against the property in
the manner provided in Section 364.12(2)(e), iowa Code (1995}.
Owner agrof's to maintain tile front porch in good and reasonable repair so as to
minimize danger.
In tile event the said front porch is ever replaced for ally reason, Owner agrees to
replace it, subject to the approval of the Pubhc Works Department.
Owner a~jrees to indemnify, defend and hold the City harmless in connection w~th any
liability whatsoever arising [n regard to the installation, maintenance, use, location, or
repair of said front porch, including any hability which the City may incur as a result
of its dec~sion to allow the encroachment of said front porch on the Iowa Avenue right-
of-way. Owner is required and agr0es to carry liability insurance, in the millimum
amounts of $250,000-$500,000-$125,000, with contractual liability coverage
included as part of such insurance, and shall furnish a copy of the policy, or a
certificate or insuranc~ for same, satisfactory to the City. Owner agrees to maintain
such insurance in force until the e~croaching portion of the front porch is removed
from City property, and failure to maintain such insurance in force shall automatically
terminate the grant of p~rmission contained herein. The parties agree that the City
may require reasonable increases in the amoun~ of coverage in order to provide
comparable coverage protection in the future. If the required insurance is not
maintained, the City shall have the r~ght to remove the encroaching portion of the front
porch following five {5) days prior written notice to the owners of the property. Cost
of such letooval shall be assessed against the property in the manner provided in
Scution 364.12(2)(eL Code of Iowa (1995).
Owner acknowledges and agrees that no property right is conferred by this grant of
permission; that the City is not empowered to grant a permanent use of its street right-
of-way for private purposes; and that the City may order the encroaching portion of
sa~d front perch removed at any time if, for any reason, the City Council determines
that ~he property upon which the encroaching portion of the front porch is located m
needed lot public use and/or should be cleared of any and all obstructions.
Dated
Th~s A,jreement shall constitute a covenant running with the land, and ahall be binding
upon and shall inure to the benefit of tile respective heirs, successors in interest, and
assigns of both parties, except as set forth in Paragraph 2 above.
day of .~ ~ __, 1996.
CllY OF IOWA CITY
Naomi,. N~v~k, I[vlay
Gloria S. Walsh, Owner
Clerk
D£C-~B-SB IS~S1 FROM, ID, P~GE 4
Approve! ~:~
STATE OF IOWA
.JOHNSON COUN'! Y
SS:
On this /?v/~ day of ./~e¢,~m.J~,~..- , 19. ,,c7/~ , before me,
.. ¥~r~r-i-.~ ........ , a Notary Public in and for the State of Iowa, personalii
appeared Naomi J. Novick and Marian K. Kerr, to me personally known, and, who, being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Iowa City, Iowa; that tile seal affixed to tl~e foregoing instrumsnt is the corporate seal of the
corporation. and that the instrument was signed and sealed on behalf of the corporation, by
authority of its Ci(y Council, as contained in Resolution No. ~- ~.~ I passed by the City
Council, onthe /~'~& dayof_~l~./-~,~4~- ._.,19 9/_ ,andthatNsomiJ. Novick
and Marian K. I~arr acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY I
On this/~'-'~aV or .<~_/W,~'.~, 1996, before me, the undersigned a Notary Public in and
for the State of Iowa, personally appeared Gloria S. Walsh, to me personally known. Being
duly sworn, she did state that sh~ is the samu person named and referred to as Owner in the
instrumen~ abovu; and that the instrument was signed as her volantsty act and deed, and by
her voluntarily executed,
State of Iowa
RESOLUTION NO.
RES(
TO EXE,
FOR THE
AVENUE
ENCF
I APPROVING, AND AUTHORIZING AND DIRECTING'
AND THE CITY CLERK TO ATTEST, A LICENSE AGI
USE OF PUBLIC PROPERTY AT 928-~
IE ACCOMMODATION OF A FRONT PORCH OVE~
THE IOWA AVENUE RIGHT-OF-WAY,
IOWA
WHEREAS, Gloria S.
at 928-930 Iowa Avenu,
and Ron Walsh are the fee owners of c real estate located
owa City, Iowa, [hereinafter "Owner,' and
WHEREAS, Owner wishes
in accordance with t
conformance with other
econstruct a front porch on the
~ce's original, historic archi'
properties in the neighbor
at the above address
design, which design is in
and
WHEREAS, pursuant to its
will encroach into the
historic design, sai porch at the above residence
right-of-way by )roximately one foot (1 '); and
WHEREAS, it is in the public interest ) preserve
and historic neighborhoods; and
inal architecture of historic properties
WHEREAS, the Department of Public
minimal intrusion onto the public ri
impeded; and
the construction of the porch to be a
also finds that traffic will not be materially
WHEREAS, the City agrees to allow the )orary use of the Iowa Avenue right-of-way as
a valid public purpose in order that th~ historic design of the residence at 928-930
Iowa Avenue may be preserved, sub to th terms and conditions stated herein.
NOW, THEREFORE, BE IT RESOLV/D BY THE 'Y COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT: /
1. The terms and conditio~'s contained in the ense Agreement for Temporary Use of
Public Right-of-Wa ,/~ached hereto and ~orated herein is approved as to form
and content.
2. The Mayor is aut)fiorized to execute, and the £y Clerk to attest, the License
Agreement for Tefnporary Use of Public Rig for and on behalf of the City of
Iowa City. /
Passed and approve~/this
/
/
/
ATTEST:cIT/Y/CLERK
day of , 1996.
MAYOR
i
LICENSE
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY
This Agreement is made b
hereinafter referred to as
hereinafter referred to as "Cit
between Gloria S. Walsh and Rc
~er," and the City of Iowa City, a
I and wife,
corporation,
WHEREAS, Owner is the fee owr
Iowa City, Iowa; and
of certain real estate located
928-930 Iowa Avenue,
WHEREAS, Owner wishes to
in accordance with the residence's
conformance with other historic
uct a front porch on the
inal, historic archit,
:ies in the neighb
and
at the above address
gn, which design is in
WHEREAS, pursuant to its original, hi., 'ic design,
will encroach into the iowa Avenue b~,
front porch at the above residence
)roximately one foot (1'); and
WHEREAS, it is in the public interest to pre
and historic neighborhoods; and
original architecture of historic properties
WHEREAS, the Department of Public WoH
minimal intrusion onto the public
impeded; and
the construction of the porch to be a
nd also finds that traffic will not be materially
WHEREAS, the City agrees to allow t
a valid public purpose in order that inal,
Iowa Avenue may be preserved, s[ 9ct to the
use of the Iowa Avenue right-of-way as
design of the residence at 928-930
and conditions stated herein.
NOW, THEREFORE, IN
IS AGREED AS FOLLOWS:
THE MI. ~JAL PROMISE SET FORTH BELOW, IT
Owner shall be allow~/~ to construct, use front porch on approximately
one foot (1 ') of City/right-of-way property 928-930 Iowa Avenue as shown
on those drawings/submitted to the Iowa City ~ment of Housing and Inspection
Services. / ~
Owner agrees/to remove the encroaching portion of thee front porch from the Iowa
Avenue righ,~of-way when any one of the following eveh~s occurs:
a. Wi/~in 30 days after being ordered to do so by the ~,,ity.
b. T~e use of the property changes and the historically designed front porch is no
/}bnger needed.
c. /Upon a breach of this License Agreement for Temporary Use of Right Of Way.
If Owner fails to remove the encroaching portion of the front porch as required above,
the City may remove it an.j:Lthe cost thereof shall be assessed against the property in
the manner provided in Section 364.12(2)(e), Iowa Code (1995).
Owner agrees to maintsin the front porch in good and reasonable repair so as to
minimize danger.
In the event the said
replace it, subject to the
porch is ever replaced for any reason, Owr
~roval of the Public Works Department.
agrees to
Owner ag
liability whatsoever arising i regard to the installation,
repair of said front porch, in~ luding any liability which the
of its decision to roachmerit of said front porch o
of-way. Owner is required ld agrees to carry liability
amounts of $2§0, 000-$125,O00, with cc
and hold the City harmless in c(
ual
with any
use, location, or
incur as a result
Avenue right-
in the minimum
liability coverage
included as part of such ins,
certificate of insurance
such insurance in force until
from City property, and failure t( such ir
terminate the grant of permissio[ contained he;
may require reasonable ' in the am
comparable coverage protection the fu
maintained, the City shall have the ri
porch following five (5) days prior
of such removal shall be assessed
Section 364.12(2)(e), Code of Iowa
'ance, and shall furnisl copy of the policy, or a
satisfactory to the Owner agrees to maintain
encroaching porti of the front porch is removed
~nce in force shall automatically
The parties agree that the City
of coverage in order to provide
If the required insurance is not
the encroaching portion of the front
to the owners of the property. Cost
st the property in the manner provided in
'95).
Owner acknowledges and agrees
permission; that the City is not er
of-way for private purposes; a that the
said front porch removed at time if,
that the property upon whic
needed for public use and/
property right is conferred by this grant of
logrant a permanent use of its street right-
ity may order the encroaching portion of
~ny reason, the City Council determines
~ortion of the front porch is located is
should be clear~ of any and all obstructions.
This Agr~
upon and shall inure t(
assigns of both parti
a covenant
benefit of the res
except as set forth in
with the land, and shall be binding
heirs, successors in interest, and
raph 2 above.
Dated this. da~
CITY OF IOW~/CITY
Naomi J. Novick~yor
ATTEST: /
Ci~ Clerk
,1996.
Gloria $. Walsh, O'~/ner
RonWalsh, Owner
STATE OF IOWA
JOHNSON COUNTY
SS:
On this day of
appeared Naomi J. Novick
me duly sworn, did say that
Iowa City, Iowa; that the seal
corporation, and that the
authority of its City Council, as
Council, on the day of
and Marian K. Karr acknowledged t[
and deed and the voluntary act and
,19
Notary Public in and fo
~rian K. Karr, to me
are the Mayor and
dto the foregoing '
was signed and
ined in Resolu
executior
of
before me,
State of Iowa, personally
known, and, who, being by
Clerk, respectively, of the City of
rument is the corporate seal of the
on behalf of the corporation, by
No. passed by the City
19 ,and that Naomi J. Novick
instrument to be their voluntary act
)oration, by it voluntarily executed.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
in and for the State of Iowa
On this__ day of be
for the State of Iowa, personall )eared
sworn, he did state that he same
instrument above; and that tl~
him voluntarily executed.
'e me, the undersigned a Notary Public in and
Walsh, to me personally known. Being duly
named and referred to as Owner in the
ned as his voluntary act and deed, and by
Notary Public
State of Iowa
STATE OF IOWA
JOHNSON COUN'
On this
for the Stat
duly swor
instrume
her volu
) SS:
)
of , 1996, before me, the unders~'~g e~d a Notary Public in and
Iowa, personally appeared Gloria S. Walsh, to me pi~sonally known. Being
she did state that she is the same person named and refer~,dto as Owner in the
ve; and that the instrument was signed as her voluntary ac~ and deed, and by
executed. ~
Notary Public of the State of Iowa "%%,
November 22, 1996
CITY OF I0 I, VA CITY
Dear Members of the City Council:
The Board of Adjustment recently considered and approved a special exception for a front
porch which would extend into the required front yard for the property at 928-930 iowa
Avenue. The porch extends beyond the front yard and into the street right-of-way about one
foot. The Board supports the construction of this porch, but its intrusion into the right-of-way
is beyond the power of the Board to grant. We ask you to allow the porch intrusion because
we believe that it is to the public benefit.
There are several reasons the Board supports this proposal. The houses along Iowa Avenue,
many dating before 1900, comprise one of Iowa City's historic neighborhoods. Since many
extend onto the street right-of-way, it seems likely that they pro-date the delineation of the
street right-of-way regulation. The porch addition for 928-930 iowa Avenue would make it
conform more closely to its neighbors in set-back and would contribute to the more uniform
appearance of the street-scape. The porch would not extend as far as the facades of the
historic houses on either side extend now and would not cause any obstruction of the street
right-of-way.
The porch would also improve the house and return it to a more historic appearance. This, in
turn, would contribute to the appearance of historic Iowa Avenue. The porch addition would
be a welcome amenity for the residents as well.
It is the consensus of the Board of Adjustment that this intrusion should be allowed, and we
urge you to approve its construction.
Sincerely,
Patricia Eckhardt, Chair
Board of Adjustment
410 EAST WASHIN(~TON STRF. EI · IOWA CITY. IOWA $2240-1826 · (319) 356-~000 e FAX (319) .156-$009
December 11, 1996
Dear Members of the City Council:
The Iowa City Historic Preservation Commission recently reviewed plans for a proposed
porch addition at 928-930 Iowa Avenue and forwarded recommendations for modifications
to the Board of Adjustment. The Board approved a front yard modification to allow the
porch to extend out to the right-of-way at its November 13 meeting. It has come to our
attention that the proposed one-foot intrusion into to the street right-of-way requires
approval of the City Council.
Although the design of the porch as proposed is not historically accurate, this intrusion into
the right-of-way will allow this porch to more closely conform to the setback, appearance
and configuration of other porches along Iowa Avenue. The Commission recommends that
the proposed intrusion be permitted. in the interest of maintaining the historic streetscape
of Iowa Avenue, the Commission feels it is in the public good to grant similar permission to
other owners as related to the repair and/or historically appropriate replacement of existing
porches along Iowa Avenue as the need arises.
Sincerely,
John F. Shaw, AIA
Brown Street Representative
Historic Preservation Commission
Prepared by: Jeff McClure, City Engineer. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPO-
RARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE IOWA
RIVER CORRIDOR TRAIL - BURLINGTON STREET TO STURGIS FERRY PARK
PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to construct the Iowa River
Corridor Trail - Burlington Street to Sturgis Ferry Park Project ("Project"); and
WHEREAS, the Project includes acquisition of permanent trail and temporary construction
easements, together with installation of a ten foot (10') wide asphalt and concrete trail in
order to provide a 1.1-mile segment of the Iowa City, Coralville, and North Liberty trail
system; and
WHEREAS, the City Council has been advised and has determined that the acquisition of
permanent and temporary construction easements is necessary for construction of the Project;
and
WHEREAS, the City staff is determining the location of the necessary permanent trail and
temporary construction easements; and
WHEREAS, the City staff should be authorized to acquire said permanent and temporary
construction easements at the best overall price and cost to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY,
IOWA, THAT:
It is in the public interest to acquire permanent trail and temporary construction ease-
ments for the construction of the Iowa River Corridor Trail - Burlington Street to
Sturgis Ferry Park Project, and acquisition of said permanent trail and temporary con-
struction easements constitutes a valid public purpose.
City staff is hereby authorized and directed to negotiate the purchase of permanent
trail and temporary construction easements for the construction of the Project.
In the event negotiation is successful, the Mayor and City Clerk are hereby authorized
to execute Permanent Trail and Temporary Construction Easement Agreements for
recordation in the Johnson County Recorder's Office at the City's expense. The City
Attorney is hereby directed to take all necessary action to complete said transactions,
as required by law.
Resolution No.
Page 2
In the event permanent trail and temporary construction easements cannot be acquired
by negotiation, the City Attorney is hereby authorized and directed to initiate condem-
nation proceedings for the acquisition of such permanent and temporary construction
easements.
Passed and approved this
day of ,1996.
ATTEST:
CITY CLERK
MAYOR
A p /~d b~
City Attorney's Office
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
pweng~r-trail. res
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMOl~N D~
TO:
FROM:
DATE:
RE:
City Council
Parks & Recreation Director
December 12, 1996
Iowa River Trail
The Parks and Recreation Commission has reviewed and
discussed the letter you received from Casey Cook, F.I.R.S.T.
President, dated December 6, 1996.
The Commission voted unanimously to endorse F.I.R.S.T.'s
position and recommendations. They feel strongly that,
wherever possible, the trail should be constructed on the
river bank, and away from the street.
Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (31 9) 356-5138
RESOLUTION NO. 96-332
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IOWA
HIGHWAY 1 AND U.S. HIGHWAY 6 CURB RAMP CONSTRUCTION PROGRAM
WITH THE IOWA DEPARTMENT OF TRANSPORTATION.
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa
Department of T~ansportation {"IDOT"), said agreement being attached to this Resolution and
by this reference made a part thereof; and,
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
the IDOT wherein the IDOT agrees to participate in the cost of curb ramp construction along
existing sidewalks within the right-of-way of Iowa Highway 1 and U,S, Highway 6,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The Mayor and City Clerk are hereby authorized and directed to execute said
agreement with the Iowa Department of Transportation.
That the City Clerk shall furnish copies of said agreement to any citizen requesting
same.
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Norton
the Resolution be
AYES:
X
X
NAYS:
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Passed and approved this 17th day of December
, 1996.
ATTEST:~ ~,
CITY CLERK
MAYOR
City Attorney s Office
May 1996
i¥
'~ DEPARTMENT OF TRANSPORT/(, iON
AGREEMENT FOR
CONSTRUCTION OF CURB RAMPS
City: Iowa City
County: Johnson
Project No.: ADA-3715(I 1)--9P-52
Iowa Department of Transportation
Agreement No.: 96-ADA-22
Staff Action No.: S-97-533
This is an agreement between the City oflowa City, (hereinafter called CITY) and the Iowa Department
of Transportation, (hereinafter called the DEPARTMENT), to enter into an agreement for joint or
cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the
governing bodies involved.
The DEPARTMENT provides funds through the American Disability Act ~ADA) Needs Project, a
cooperative program to participate in the cost of constructing curb ramps on existing sidewalks within
the right of way of primary road extensions. The DEPARTMENT has made these funds available for
reimbursement and will share eligible construction costs in the ratio of 55 percent DEPARTMENT funds
and 45 percent local funds up to a maximum amount in DEPARTMENT funds of $250,000 per city per
year.
The CITY proposes to develop and complete the following described curb ramps project:
Reconstruct approximately 52 curb ramps on IA HWY 1 and US HWY 6, includes Dodge Street,
Governor Street, Burlington Street and Riverside Drive.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT
agrees to provide funds to the CITY for the authorized and approved costs for eligible items associaled
with said improvements.
In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree
as follows:
The CITY shall be the lead local governmental agency for carrying out the provisions of tins
agreement and shall be responsible for the development and completion of the project.
All notices required under this agreement shall be made in writing to the DEPARTMENT and the
CITY's contact person. The DEPARTMENTs contact person shall be the Local Systems Engineer
of the East Central Iowa Transportation Center. The CITY's contact person shall be the Civil
Engineer.
Agreement No.: 96-ADA-?'
Page 2
The estimated total of eligible construction cost for this project is $ 29,200. If, upon completion
of final plans, the estimate exceeds the preliminar7 total estimate contained herein by 20 percent
or more, the increased cost must be approved by the DEPARTMENT prior to contract letting or
the extra work must be approved before the beginning of construction.
4. The attached Exhibit R and Exhibit A will apply and is hereby made a part of this Agreement.
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
96-ADA-22 as of the date shown opposite its signature below.
City of Iowa City
Title Mayor
Date December 17 , 19 96
I, Marian K. Karr , certify that I am the Clerk of the CITY,
and that Naomi J. Novick , who signed said Agreement for and on
behalf of the CITY was duly authorized to execute the same by virtue of a formal
Resolution duly passed and adopted by the CITY, on the
December , 19 96
City Clerk of Iowa City , Iowa
Date December !7 , 19
17th
day of
OIty A~tomey'e Office
96
IOWA DEPARTMENT OF TRANSPORTATION
I,__...-tJrban S/y'stems E'figineer Office of Local Systems
192 '~
12/95
EXHIBIT A
UTILIZATION
OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 (1995) and 541 Iowa Administrative Code Chapter
4, it is the policy of the Iowa Department of Transportation (DOT) that Targeted Small Business (TSB)
enterprises shall have the maximum practicable opportunity to participate in the performance of
contracts financed in whole or part with state funds.
Under this policy it is the responsibility of recipients receiving state funds to help finance projects
to make a positive effort to solicit bids from and to utilize TSBs as contractors and ensure that the
contractors make positive efforts to utili?e these enterprises as subcontractors, suppliers or participants
in the work covered by this agreement.
The Recipient's "positive efforts" should include, but not be limited to:
Obtaining the names of qualified TSB contractors from the Iowa Department of Economic
Development and/or seek these contractors through advertising in general-circulation, trade
association or minority-focused media. The Iowa Department of Management shall determine
whether contractors who respond to such advertisements qualify for TSB designation.
Notifying qualified TSBs of proposed projects involving state-assisted funding. Notification
should be made in sufficient time to allow the TSBs to participate effectively in the bidding
process.
3. SoLiciting bids from qualified TSBs on each project, and identifying for TSBs the availability
of subcontract work.
Including in the bid proposals for state-assisted projects, a contract provision titled "TSB
Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted
Projects)", or a similar document developed by the Recipient.
Ensuring that the awarded contractor has and shall follow the contract provisions. The
Recipient is encouraged to establish goals, set-asides or percentages to achieve TSB
participation in these projects. Contract goals may vary depending on the type of project, the
projects sub-contractible items, the type of service or supplies needed for the project, and the
availability of qualified TSBs in the area.
The Recipient shall agree to provide the DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts
EXHIBIT A
Page 2
with any TSBs. Such documentation can be used to demonstrate the Recipient's positive efforts
and it should be placed in the general project file.
2. Bidding proposals noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the
project or projects covered by this agreement.
4. The attached "Checklist and Certification" form shall be filled out upon completion of each
project and forwarded to the DOT's contact person.
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF (~-
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
COUNTY:
CITY:
PROJECT NUMBER:
AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Department of
Economic Development? YES
If no, explain
2. Were qualified TSBs notified of project? YES
If yes. by letter , telephone . personal contact
If no, explain
3. Were bids solicited from qualified TSBs? YES
If no, explain
4. Was a goal, set-aside or percentage established
for TSB participation? YES
If yes, what was the goal or %
If no. explain why not,
5. Did the prime contractor use positive efforts to
utilize TSBs on subcontracts? YES
If no. what aclJon was taken by Counb//City
Is documentation in files'~ YES
6. What was the dollar amount reimbursed to the County/City
from the Iowa Department oi' Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Name and address of the TSB
(Use additional sheet if necessary)
Was the goal or % achieved YES
If no. explain
NO
NO
NO
NO
NO
NO
NO
I certify that the COUNTY/CITY (circle one) used positive efforts to utilize TSBs as pa~cipants in this project.
Project Engineer Date
05-96
EXHIBIT R
Standard Provisions for Project Agreement
The CITY shall comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiting affirmative action to assure equal
employment opportunity. No person shall, on the grounds of race, creed, color, sex,
national origin, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity
for which the CITY receives state funds from the DEPARTMENT.
The CITY shall use positive efforts to solicit bids from and to utilize Targeted Small
Business CISB) enterprises as contractors and ensure that the contractors make positive
efforts to utilize these enterprises as subcontractors, suppliers or participants in the
work covered by this agreement. Efforts shall be made and documented in accordance
with Exhibit A which is attached hereto and by this reference is made a part of this
agreement.
The CITY shall obtain agreements, as needed, from utility companies and shall obtain
project permits and approvals, as necessary.
The CITY will prepare and furnish to the DEPARTMENT for review the necessary
project plans, specifications, and an estimate of cost for the proposed construction
project.
Upon DEPARTMENT acceptance of final plans, proposal forms, specifications and
cost estimate, the DEPARTMENT will give the CITY written notice to proceed with
the project. For the portion of the project under contract by public letting, the CITY
shall advertise for bidders, hold a public letting, and provide adequate supervision for
the construction work performed under the contract. The CITY shall submit the letting
documents to the DEPARTMENT for concurrence prior to formal action in the award
of the contract.
The project must be let to contract within two (2) years of the date this agreement is
approved by the DEPARTMENT. If not, the CITY may be in default, for which the
DEPARTMENT may revoke funding commitments. This agreement may be extended
for a period of six (6) months upon receipt of a written request from the CITY at least
thirty (30) days prior to the two (2) year deadline.
The CITY will be responsible for the costs of the constr~ction. Acceptance of the
completed construction shall be with the concurrence of the DEPARTMENT. The
CITY shall prepare and submit to the DEPARTMENT a detailed billing statement of
materials, installation, and construction costs incurred by the CITY. Design, right of
way, inspection, and administration costs will be borne by the CITY. If said statement
and documentation is in proper form, the DEPARTMENT will promptly reimburse the
CITY in the amount of 55 percent of the eligible costs of the completed construction,
taking into account the limitations as stated in the agreement.
Exhibit
Page 2
10.
11.
12.
13.
14.
15.
Periodic billing statements may be submitted by the CITY during progress of the work.
The DEPARTIvIENT will review these statements and make reimbursements
accordingly. Payments will be made in accord with Paragraph 7 above.
Upon completion of the project, the CITY will certify that the project was completed
in substantial con~pliance with the plans and specifications set out in this agreement
before receiving final reimbursement of DEPARTMENT funds.
The CITY shall submit a final detailed billing statement to the DEPARTMENT no later
than two (2) years after the date the DEPARTMENT concurs in the acceptance of the
completed construction. If a final detailed billing statement is not submitted to the
DEPARTMENT by the CITY in the two (2) year period, the DEPARTMENT will
close the project's financial records without making additional reimbursement to the
CITY.
The CITY agrees to indemnify, defend and to hold the DEPARTMENT harmless from
any action or liability arising out of the design, construction, maintenance, placement
of curb ramps, or inspection of this project. This agreement to indemnify, defend and
hold harmless applies to all aspects of the DEPARTMENT's application review and
approval process, plan and construction reviews, and funding participation. It includes,
but is not limited to, claims for acts and omissions which the DEPARTMENT alone
was or would be responsible.
If any part of this agreement is found to be void and unenforceable, then the remaining
provisions of this agreement shall remain in effect.
This agreement is not assignable without the prior written consent of the
DEPARTMENT.
In case of dispute concerning the terms of this agreement, the parties shall submit the
matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right
to submit the matter to arbitration after ten (10) days notice to the other party of their
intent to seek arbitration. The written notice must include a precise statement of the
dispute. The DEPARTMENT and the CITY agree to be bound by the decision of the
appointed arbitrator. Neither party may seek any remedy with the state or federal
courts absent exhaustion of the provisions of this paragraph for arbitration.
This agreement, as set forth in items 1 through 4, Paragraphs 1 through 15 of
referenced Exhibit R herein, and attached Exhibit A, constitutes the entire agreement
between the DEPARTMENT and the CITY. No representations, promises, or
warranties have been made by either party that are not fully expressed in this
agreement. Any change or alteration to the terms of this agreement must be made in
the form of an addendum to this agreement which shall be effective only upon written
approval of the DEPARTMENT and the CITY.
by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (3 356-5138
RESOLUTION NO. 96-332
WITH
ION AUTHORIZING EXECUTION OFAN AGRI AND U.S. HIGHWAY 6 CURS RAMP CONSTRUCT
WA DEPARTMENT OF TRANSPORTATION.
OGRAM
WHEREAS, the City
Department of Trans
this Resolution and
Iowa City, Iowa, has negotiated an
tion ("IDOT"), two (2) copies of said
~rence made a part thereof; am
with the Iowa
reement being attached to
WHEREAS, the City Council
the IDOT wherein the IDOT
existing sidewalks within the
=ms it in the public interest/. enter into said agreement with
:s to participate in the co'st of curb ramp construction along
of-way of Iowa Hi~ I and U.S. Highway 6.
NOW, THEREFORE, BE IT
IOWA, THAT:
:OUNCIL OF THE CITY OF IOWA CITY,
The Mayor and City Clerk are
agreement with the Iowa De[
authorized and directed to execute said
Transportation.
That the City Clerk shall furnish
same.
said agreement to any citizen requesting
It was moved by Kubb.y and
adopted, and upon roll call ther~/~ere:
AYES: /NAYS:
Passed an7 io~ved this 17th
/'
/
day of
December
MAYOR
Norton
)SENT:
Baker
Kubby
Lehman
,vick
rnberry
City Attorney's Office
the Resolution be