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HomeMy WebLinkAbout1995-12-05 ResolutionRESOLUTION NO, 95-341 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 It was moved by Lehman and seconded by as read be adopted, and upon roll call there were: Noviek that the Resolution AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Passed and approved this 5th day of December · 1995. \danceprrn,res RESOLUTION NO. 95-342 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORIC RESOURCES WITHIN A PORTION OF THE ORIGINAL TOWN PLAT. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Histodc Preservation Commission has prepared an application for a CLG Grant of up to $9,000 for the purpose of conducting a professional survey and evaluation of historic resources within a portion of the original town plat; and WHEREAS, said grant will require an approximate local match of $6,500 which the Historic Preservation Commission proposes to provide through volunteer work, funds allocated in the budget for historic preservation activities, in-kind services and supplies, and donations from private organizations interested in preservation activities; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, be it resolved by the City Council of the City of Iowa City, that: The Histodc Preservation Commission is hereby authorized to file an application for a CLG Grant of up to $9,000 for the purpose of conducting a professional survey and evaluation of historic resources within a portion of the original town plat which will require approximately $6,500 in matching local funds, in-kind services and supplies, and donations from private organizations interested in preservation activities. 2. The Mayor is hereby authorized to sign said grant application. It was moved by 1.ehman and seconded by Nov±ck adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton Passed and approved this 5th day of December , 1995. ATTEST: Ci~'~ERK ,~" Aj~v.Q~Led by /1 J ~...~City A~tomey s-Oldice RESOLUTION NO. 95-343 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1502 YEWELL STREET, IOWA CITY, IOWA WHEREAS, on December 3, 1986, the property owner of 1502 Yewell Street executed a no interest Seven-Year Depreciating Lien in the amount of 911,000 through the City's Housing Rehabilitation Program; and WHEREAS, said Promissory Note created a lien against the subject property; and WHEREAS, the te~ms and conditions of the note were satisfied December 3, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1502 Yewell Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the 911,000, which was recorded in Book 901, Pages 57 through 58, of the Johnson County Recorder's Office. Passed and approved this 5th day of December ,1995. ATTEST: CiT~~ERK ~' A//~ved b~ ~tly Att orn~y's Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Novtck the Resolution be AYES: NAYS: ABSENT: x x x X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdfehab~1502yewl res RELEASE OF LIEN The City of Iowa City does hereby release the property at 1502 Yewell Street, Iowa City, Iowa, legally described as follows: Lot 78 in Kirkwood Heights, as shown by the recorded plat thereof, said plat being recorded in Book 3, page 137, Plat Records of Johnson County, Iowa, from an obligation of the property owner to the City of Iowa City in the principal amount of $11,000 represented by a no interest Seven-Year Depreciating Lien recorded in the Johnson County Recorder's Office on Decereber 10, 1986, in Book 901, Pages 57 through 58. 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 recorded document. CITY OF IOWA CITY, IOWA A'FI'EST: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) By: Appr//~ d by~__~~~ CiyAttomey's (~ffice / ¢~W¢/~-- On this _~ ~ day of .P)~c~,.A-,- , A.D. 19 ~/~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz 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 Resolution No. °~_~ adopted by the City Council on the 5 ~ day g' .f~,,.~. ,19~5.; and that the said Susan M. Horowitz and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. ppdtehab',1502yewl tel Notary Public in and for Johnson County, Iowa RESOLUTION NO. 95-344 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1503 ROCHESTER AVENUE, IOWA CITY. IOWA WHEREAS, on September 14, 1994, the property owner of 1503 Rochester Avenue, executed a ten-year low interest loan in the amount of $34,003 and a UCC2 Financing Statement for appliances through the City's Housing Rehabilitation Grant Program; and WHEREAS, said Promissory Note and Mortgage created a lien against the subject property; and WHEREAS, the property owner paid off the loan balance of $31,313.38 on November 15, 1995. 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 1503 Rochester Avenue, Iowa City, Iowa, from an obligation of the property owner to pav to the City the $34,003, which was recorded in Book 1828, Pages 91 through 127, and the UCC2 Financing Statement which was recorded in Book 1816, Page 81 of the Johnson County Recorder's Office. Passed and approved this 5th day of her>tuber , 1995. CITY-CLERK It was moved by ].~hman and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RELEASE OF LIEN The City of Iowa City does hereby release the property at 1503 Rochester Avenue, Iowa City, Iowa, legally described as follows: Beginning at the point which is 1,772 feet East and 33 feet South of the Northwest comer of the SW~4 of Sec. 11, Twp. 79 N., R. 6 West of the 5th P.M.; thence South 130 feet; thence East 55 feet; thence North 130 feet; thence West 55 feet to the place of beginning. The grantees are hereby granted the right, easement and privilege to use the following-described property for the purpose of access to the West side of the property herein conveyed; Beginning at the above-described point of beginning; thence South 130 feet; thence West 40 feet; thence North 130 feet; thence East 40 feet to the point of beginning. This easement for access is so granted until such time in the future as the last described property may be dedicated for public street purposes, at which time this private easement shall cease and be terminated in favor of the Public Street. The grantees have the right and privilege to connect a septic tank outlet to the existing tile line which extends easterly in a line approximately 30 feet North of the South line of the tract herein conveyed, from an obligation of the property owner to the City of Iowa City in the principal amount of $34,003 represented by a low interest Ten-Year Promissory Note and Mortgage recorded in the Johnson County Recorder's Office on October 25, 1994, in Book 1828, Pages 91 through 127. Also, an UCC2 Financing Statement was recorded in the Johnson County Recorder's Office on September 26, 1994, in Book 1816, Page 81 This obligation has been satisfied and the properly is hereby released. in full. from any liens or clouds upon title to the property described above by reason of said recorded document. CITY OF IOWA CITY, IOWA A~FEST: c,ty STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On th~s ~ ~ day of J)¢e,~,.,.- , A.D. 19 '~5 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Susan M. Horowitz and Marian K Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained Resolution No. ~-$'tffadopted by the City Council on the 5~ day ~ ~,ce,.~,~.r', 19_~L~; and that the said Susan M. Horowitz and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed and said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa RESOLUTION NO. 95-345 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 619 DEARBORN STREET. WHEREAS, the City of Iowa City is the owner and holder of a certain Ten-Year Depreciating Lien and a Life Lien executed by the owner of 619 Dearborn Street on May 15, 1987, and recorded May 28, 1987, in Book 943, Pages 281 through 287 in the Johnson County Recorder's Office covering the following described real estate: Lot 16, in Block 10 in Rundell, an addition to Iowa City, Johnson County, Iowa, and WHEREAS, said Ten-Year Depreciating Lien is a lien in the amount of $9,100 against the subject property of which $7,280 has been forgiven, and WHEREAS, said Life Lien is a lien in the amount of $9,100 against the subject property, and WHEREAS, said notes created liens against the subject property; and WHEREAS, Hills Bank and Trust Company, Hills, Johnson County, Iowa, will make a loan for the sum of $52,830 on a promissory note that will be executed by the owner of 619 Dearborn Street covering the real estate described above, and WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached subordination agreement, thereby making rehabilitation lien held by the City subordinate to the lien said mortgage by Hills Bank and Trust Company, and, WHEREAS, there is sufficient value in the above described real estate to secure said rehabilitation loans as a second and third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Johnson County, Iowa. Passed and approved this 5th day of December ,1995. CITY'CLERK ppdfet~ab~619dea~b fe~ Heaolutlon .No. 95-345 Page 2 It was moved by Lehman and seconded by adopted, and upon rol~ call there were: Novtck · AYES: NAYS: ABSENT: x x x x x the Resolution be Baker Horowitz Kubby Lehman Novick Pigo~ Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Hills, Iowa herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $ ].o,920,00 and was executed by Rick L, Hahn and Hary C, Hahn .(herein the Owner), dated May ].4 19 87 , recorded t~ay 28 , 19 87 , in Book 943 , Pages 285 ~, Johnson County Recorder's Office, covering the following-described real property: 286 Lot 16 in Block 10, in Rundell, an addition to Iowa City, Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 52,830.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: o Subordination, The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein, Senior Mortgage. The mortgage in favor of the Finandal Institution is hereby acknowledged as a lien supedor to the rehabilitation loan 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 ~7r~ day of /~o~,~,,~,~-- ,19 ?~ CITY OF IOWA CITY Attest: FINANCIAL INSTITUTION CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .5 ~A day of ._b,,.,.~,~u~ ,-. ,199~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~ ~ ~,,~,~,.~;-I-, and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (C,,.,,,~a..re) (Resolution) No. ~/5- _g~5 passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the 5 '~ day of .~r,~r ,19__~r5 ,andthat .~,,. 7ft.. J/o,~,,.~4~=_ 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 27th day of undersigned, a Notary Tim D. Finer November , A.D. 19 95 , before me, the Public in and for the State of Iowa, personally appeared and Roger J. Reilly , to me personally known, who SUBORDINATION AGREEMENT P~e3 being by me duly swom, dld say that they are the Vice President arid V~ce President , respectively, of said corporation executlng the within and foregolng instrument to which this Is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Tim D. Finer and Roger J. Reilly 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. N~a~~ Public Barbara J, ~nd for the State of Iowa ~ill; Commission Expires: 9/20/96 ECEIVED DEC 0 199§ RESOLUTION No. 95-346 RESOLUTION ACCEPTING THE WORK FOR THE SOUTH SITE SOCCER FIELDS AND WASTEWATER PIPELINE GRADING PROJECT AND APPROVING THE SUPPLEMENTAL CONTRACT FOR REMAINING FERTILIZATION. WHEREAS, on September 27, 1994, the City Council approved Resolution No. 94-314 awarding the South Site Soccer Fields and the Wastewater Pipeline Grading Project Contract to Foley Construction of Clinton, Iowa; and WHEREAS, work on the South Site Soccer Fields and the Wastewater Pipeline Grading Project ("Project") has been completed in substantial accordance with the plans and specification prepared by Shoemaker & Haaland Professional Engineers; and WHEREAS, Item No. 12 of Phase I and Item No. 8 of Phase II of the Project Contract with Foley Construction (Resolution No. 94-314) requires three additional fertilizer applications; and WHEREAS, the prime contractor requests that the remaining fertilizer applications which account for less than 1% of the Project Contract be reconfigured in the form of a supplemental contract with the prime contractor, as provided in Section 573.27, Code of Iowa; and WHEREAS, the City Engineer finds this to be a reasonable request; and WHEREAS, the Engineering Division has recommended that the work for construction of the South Site Soccer Fields and Wastewater Pipeline Grading Project as included in a contract between the City of Iowa City and Foley Construction Company, dated October 10, 1994, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, and the contractor's surety consents to supplemental contract and the bond shall remain in full force and effect until completion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: All improvements for the above-mentioned Project, excluding the three (3) remaining fertilizations, are hereby accepted by the City of Iowa City, Iowa. The Supplemental Contract for the remaining fertilizer applications with Foley Construction is hereby approved and, by mention, made a part of this resolution. The Mayor is hereby authorized to sign and the City Clerk to attest the Supplemental Contract for Spring of 1996 fertilizing. Passed and approved this 5th day of DecemhPr ,1995. A'FI'EST: Ci/~~LE R K Resolution No. 95-346 Page 2 It was moved by Lehman and seconded by, adopted, and upon rolF call there were: Novick the Resolution be · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehmi~n Novick Pigott Throgmorton CiTY OF IOWA CITY SUPPLEMENTAL CONTRACT KIND OF WORK Construction of soccer fields and wastewater plpellne grading improvements COUNTY Johnson CONTRACT AND RESOLUTION NO. 94-314 PROJECT AND ACCOUNT NO. 33850 THIS SUPPLEMENTAL AGREEMENT is entered into by and between the City of Iowa City, Iowa, and Foley Construction Company of Clinton, Iowa, hereinafter called "Contractor". The parties to this supplemental agreement have entered into a prior agreement on the 27th day of September, 1994, which agreement, and all the terms and conditions therein, not heretofore performed, are by reference incorporated herein. Pursuant to {}573.27, Code of iowa (1995), the Contractor has made a request for payment after the completion of at least ninety-five percent (95%) of the work under the original contract. The bondsman has consented that the Contractor's bond filed in support of the original contract will remain in full force and effect. Both the said Request and Bondsman's Consent are by reference incorporated herein as though fully set out. The Contractor in consideration of Four Thousand Five Hundred Dollars ($4,500.00) payable as set forth under the terms of the original contract and specifications, constituting part of this contract, does hereby agree to complete the following work in accordance with the plans and specifications and the original contract: ITEM QTY. & UNIT TOTAL NO. ITEM UNIT PRICE AMOUNT Furnish and install three (3) Spring fertilizer applications between March 1st and June 1, 1996 1 L.S. $4,500.00 $4,500.00 It is further agreed by the parties to this supplemental contract that the above work shall be commenced on or before the 1st day of March, 1996, and completed by the 1st day of June, 1996, and the amount of liquidated damages, if any, will be determined under the terms of the original contract and by considering this supplemental contract and the original dated the 27th day of September, 1994, as one contract. Dated this .5 -- day of December, 1995. CITY OF IOWA CITY M. Horowitz CONTRACTOR By Andy W,/~lf for I~eley Construction Co. pwenD~,.~a~er.ag~ CITY OF I0 WA CITY ENGINEER'S REPORT November 28, 1995 Honorable Mayor and City Council Iowa City, Iowa RE: South Site Soccer Fields and Wastewater Pipeline Grading Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the South Site Soccer Fields and Wastewater Pipeline Grading Project has been completed in substantial accordance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers with the exception of fertilizing scheduled for next Spring. As allowed in Section 573.27 of the State Code, the Contractor requested a supplemental contract be proposed to cover the remaining fertilization. I find this request to be reasonable and recommend approval of the supplemental contract included with this accepting resolution. The final contract price is $500,640.55. I recommend that the above referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E, City Engineer, 410 I~AST WASHI~IOTON STREEI · IOWA CITY. IOWA $3340. ]836 · {319} 356.$000 · FAX (319) 356-J009 RESOLUTION NO. 95-347 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SANITARY SEWER EASEMENT AND A PORTION OF A STORI~tWATER MANAGEMENT EASEMENT LOCATED ON OUTLOT "A", WHISPERING MEADOWS SUBDIVISION, PART ONE, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED SANITARY SEWER EASEMENT AGREEMENT FOR THE SAME PROPERTY WHEREAS, the City possesses a sanitary sewer easement and stormwater management easement upon Outlot"A", Whispering Meadows Subdivision, Part One, and addition to the City of Iowa City, Iowa; and WHEREAS, the owner and developer, C.B. Development Ltd., has submitted a site plan for the subject property which necessitates the inclusion and dedication of sanitary sewer and water main easements; and WHEREAS, to increase flexibility in locating development on the above property, the owner, C.B. Development Ltd., requested the City release the existing sanitary sewer easement and a portion of the stormwater management easement on Outlot "A", Whispering Meadows Subdivision, Part One, as recorded on May 17, 1991, in Book 1232, page 35, and Book 1232, Page 15, respectively, both as designated and legally described on the plat attached hereto as Exhibit "B" and incorporated by this reference; and WHEREAS, the owner has agreed to enter into a new Sanitary Sewer Easement Agreement, which is attached hereto and incorporated by reference herein, and to provide the City with a substituted sanitary sewer easement which facilitates the development of the property under its current zoning, and relocates the sanitary sewer line outside the area of building construction under the proposed site plan, which substituted sanitary sewer easement is designated and described on the plat attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Public Works has recommended the release of the existing sanitary sewer easement and a portion of the stormwater management easement and the execution of a substituted easement agreement to facilitate the construction proposed under the site plan; and WHEREAS, the proposed site plan also necessitates the dedication of water main easements for the subject property, which water main easements are designated and described on the plat attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, it is in the public interest to release the existing sanitap/sewer easement, release a portion of the stormwater management easement, accept the substituted sanitary sewer easement and the new water main easements and enter into a Water Main and Sanitary Sewer Easement Agreement for the subject property. ResNo. 95-347 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing sanitary sewer easement, release a portion of the stormwater management easement, accept the substituted sanitary sewer easement and new water main easements and to enter into the Water Main and Sanitary Sewer Easement Agreement attached hereto, which is hereby approved as to form and content. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the Sanitary Sewer Easement and that portion of the Stormwater Management Easement described in Exhibit "B" attached hereto and incorporated by reference herein, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easements sufficient for recordation. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Water Main and Sanitary Sewer Easement Agreement. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibits "A" and "B", the attached release, and the attached Water Main and Sanitary Sewer Easement Agreement, said recording costs to be paid by the Owner of Outlot "A", Whispering Meadows, Part One. It was moved by '[.ehman and seconded by be adopted. and upon roll call there were: Novick the Resolution AYES: NAYS: ABSENT: x X X Passed and approved this 5th day of Baker Horowi~ Kubby Lehman Novick Pigott Throgmo~on , 199,,?~. WATER MAIN AND SANITARY SEWER EASEMENT AGREEMENT This Agreement is made by end between C.B. Development, Ltd., a corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, watermain and sanitary sewer easements for purposes of excavating for and the installation, replacement, maintenance and use of such water main, and sanitary sewer lines, pipes, mains and conduits as the City shall from time to time elect for conveying water and/or sewage together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over and across the premises legally described and designated in Exhibit "A", "Easement Plat", attached hereto and incorporated by reference harem. Owner further grants to the City the following rights in connection with the above easements: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the water main and/or sanitary sewer lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement area for purposes which will not interfere with the C~ty's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the Cit¥'s agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion, and until acceptance by the City, as provided by law, Owner further agrees that its engineer shall promptly, upon approval of this Agreement, revise the mylar drawing of Whispering Meadows Part One, Iowa City, Iowa, which is on file in the City Engineer's Office to show the new sanitary sewer easement and remove the original sanitary sewer easement released by the City in conjunction with the execution of this Agreement. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. Dated this Z~- day of CITY OF IOWA CITY, IOWA ~Susan M. Horowitz, Mayor Marian K. Karr, City Clerk Approved by: ,1995. By: OWNER CB Development, Ltd. Carol Barker, President City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this Z~. day of November, 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carol Barker, to me personally known, who being by me duly sworn did say that she is the President and Secretary of C.B. Development, Ltd., the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Carol Barker as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by her voluntarily executed. .. MyI~Y E. McCHRISTY i ! Notary Pulblic in and for the ~.~ate of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _5__'"day of December, 1995, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being bj me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K.Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa RELEASE OF SANITARY SEWER AND STORMWATER MANAGEMENT EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described as "20.00 Foot Sanitary Sewer Easement To Be Released" and "Stormwater Management Easement To BE Released" as designated on the Plat attached hereto as Exhibit "B" and incorporated by this reference, from a lien or cloud upon the title placed thereon by the sanitary sewer and stormwater management easements granted to the City. These easements are originally shown on the Final Plat of Whispering Meadows, Part One, Iowa City, Iowa, which is recorded in Book 1232, Page 9, et seq. of the records of the Johnson County Recorder's Office. Said easement is hereby released. The City retains all other easements shown on said final plat not released by this document. CITY Of IOWa CITY, Iowa Sus~fi M. Horow~, Mayor Attest: K.~ Clerk ~'~-~ Marian STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5 -- day of December, 1995 before me, the undersigned, a Notary Public in o._nd for sad County, in said State, pem. onally appeared Susan M. Horowitz and Madan K. Karr, to me personally known, who being b~ me duly sworn, did say that they are the Mayor and Cty Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Madan K,Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa EXXIS]T "B" POINT OF 'I[RMINA TION SOUTHWEST CORNER 10.85' / POINT OF DEGINNING S1ORMWATER MANAGEMENT EASEMENT 5.817 SF TO BE RELEASED t.O26Sr TO BE RELEASED KRI~TINE L WALTER ~POINT OF BEGINN~NG 2~ SANITARY SEVER EASEMENT CORNER OUTLOT 'A" LEGEND AND NOTES ) HEREBY CERTIFY THAl IH:S PLAT. MAP, SURVEY OR REPORT WAS PREPARED BY ME. OR UNDER MY DIREC] SUPERVISION. AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF ~[ STATE OF IOWA. Glen' D- Melsner LS- ~ P.E. Reg. No. 8165 DA~ MY REGISTRACON EXPIEES. DECEMBER 51, 19~ NOTARY PUBLIC, IN AND FOR ~[ STA~ OF IOWA 1'--60' POINT OF TERMINATION SOUTHWEST CORNER P/~RT ~ ~. P.~. ~ POINT OF BEGINNING STOR~WA~R ~ANAG~ENT 1.026 S,c' TO BE RELEASED 5.817 SF TO 8E EELEASED $15.50.27° I I BEGINNING 20' SANITARY SL~ EASD.~EN T CORNER OU'I~OT 'A' L.P~,~ .,,. J ~I$*REE L WALTER ~ r~ UY COUJJIS~ION EXPIRESI _ _~.? _~ EASEMENT PLAT- RELEASED ~' MMS CONSUn?~NTS, INC ~ , 9 ~ ' ~ , Out]o[ A ~spermg Meado~ "~ . -. ~ . .~ ~ ~ Sub. PL One [owe City, ]ow.~ ~ LBS dom CMS LEGEND AND NOTES Glen D. Meisner L.S. & P.E. Beg. NO. 8165 DATE MY REGISTRATION EXPIRES, DECEMBER 51, SIGNED BEFORE ME THISbeDAY OF ~//~/' .19 ~. NOTARY PUBLIC. IN AND FOR ]lie STATE OF IOWA POqNT OF BEGINNING 30.00' EASEMENT EXHIBIT "A" BEGINNING 1000' EASEMENT / / PF(0POS£D 10.00' WAT[RUA[N SOUTHWEST CORNER POINT OF [~.1 KRIST1RE L WN.rER LEGEND AND NOTES I HIFRE-SY CERIllrY THAT IlS PLAT. MAP, SURVEY OR REPORT WAS PREPARED BY ME. OR UNDER MY DIRECT SUPERVISION. AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. Glen D. Me;sner L.. & P.E. Reg. No. 8165 DATE MY REGISTEAl]ON EXPIRES. DECEMBER ,31. 19_-,'~. BEGINNING 30.00' SE~R EAS~ENT POINT OF ~ BEGINNING; ~ WATERMAIN EASEMENT SOUTHrUST CORNER OU T10T 'A' &UTL~r 'A' 'NIIPJ~:RJN~ ~ P/~T ~ ~ ~1. P.¥:~ ZT/ F.)(RiST1NE L WALTER UY COUUISSG~ EXPIRES DECEUgER5 LEGEND AND NOTES Eg~ (~ ~LOS~IR[ ~1 F~I ~ ~ ~l ) HERE'BY CERTIFy THAT ~lS PLAT, MAP, SURVEY OR REPORT WAS PREPARED BY ME. OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS 0r THE STATE OF IOWA ./~L.. i), ,' ) ,~., ,~, ./ L,.' Glen D. Meisner L.$ & P.[. Reg. NO. 8165 DATE MY REGISTRATION EXPIRES, OECEUBER 31, lg_z~. NOTARY PUBUC. IN AND FOR THE STATE OF IOWA RESOLUTION NO. 95-348 RESOLUTION SETTING A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3 OF THE CITY CODE ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ON CITY UTILITIES TO CHANGE THE FEES, RATES AND CHARGES SECTION FOR LANDFILL USE FEES, WHEREAS, the State of Iowa changed the state fee per ton from $4.25 to $3.75 and this fee is included as part of the Landfill Use charge; and WHEREAS, City Code requires that notice and public hearing on the proposed rate change for fees and charges be provided to the public, prior to enactment of said rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing is hereby set for 7:30 p.m. on December 19, 1995, to be held in the Civic Center Council Chambers, to permit public input on the proposed rate change for Landfill Use fees. The City Clerk is hereby directed to publish notice of said hearing as required by § 14- 3A-4, City Code entitled "Rates and Charges for City Utilities" as provided by local law. Passed and approved this 5th day of December · 1995. Approved by CITY-CLERK hey s Office //- 5~--'/~' It was moved by r.oh,,en and seconded by adopted, and upon roll call there were: Novick the Resolution be AYES: NAYS: ABSENT: X x X X x --x-- Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-349 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION BRIDGE TO IOWA AVENUE, PROJECT, DIRECTING TH, E CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 19th day of December, 1995, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of n-~,~,,her , 1995. ATTEST: CIT'~ CLERK AYk~O~ Approved by City Attorney's Office //_ ~,~ It was moved by ]-hman and seconded by adopted, and upon roll call there were: Novick AYES: NAYS: ABSENT: x X x X x the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton The proposed action and the extent of objections thereto were then considered. Whereupon, Kubby introduced and delivered to the City Council the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,200,000 WATER REVENUE BONDS," and moved its adoption. Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: Horowitz. Kubbv. Lehman, NovI ok, Pt?rift, Thrm?mnr~mn, Baker NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Res. No. 95-350 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,200,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $6~200,000 Water Revenue Bonds for the purpose of paying costs of improvements and extensions to the Municipal Water Utility; and the ement of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $6,200,000 Water Revenue Bonds for the foregoing purpose. -4- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale.of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this ~ day of ,1995. ATTEST: lerk Mayor -5- City of iowa City MEMORANDUM Date: November 30, 1995 To: City Council and City Manager From: Don Yucuis, Finance Director Re: Water Revenue Bonds rs. General Obligation Bonds A public hearing has been scheduled for December 5, 1995 concerning the issuance of $6,200,000 Water Revenue Bonds to pay for the project costs of various projects associated with the new water treatment plant facility. With the issuance of revenue bonds there is a requirement that a debt service reserve equal to the highest 1-year debt service be put aside at the time the bonds are sold. This pays the final principal and interest payment in the final year. Included in the $6.2 million issue is 1-year debt service reserve. The City's bond counsel is to provide me with another resolution that would allow the City to issue General Obligation (GO) bonds to pay for these projects. A separate public hearing and resolution will be provided at a future regularly scheduled City Council meeting. The advantages to issuing General Obligation versus Revenue bond debt is that you do not have to set aside a 1-year debt service reserve. This would decrease the size of the issue from $6.2 million to appreximately $5.67 million. The other advantage is that normally you receive a better interest rate on GO versus Revenue bonds because the GO bonds are backed by the full faith and credit of the City. One disadvantage of issuing General Obligation bonds versus Revenue bonds is that you can only issue GO bonds for a maximum of 20 years, whereas Revenue bonds can be issued to be paid off over more years. ac~l 1-29.dy The proposed action and the extent of objections thereto were then considered. Whereupon, Lehman introduced and delivered to the City Council the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $28,000,000 SEWER REVENUE BONDS," and moved its adoption. Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: Lehman, l~lm,~¢k, Pigott, ThrogJnoreon, aa~.er. Itoro~tt~ Kubb¥ NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Res. No.95-351 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $28,000,000 SEWER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of $28,000,000 Sewer Revenue Bonds for the purpose of paying costs of improvements and extensions to the Municipal Sanitary Sewer Utility; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereoff NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of $28,000,000 Sewer Revenue Bonds for the foregoing purpose. -6- Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this ~ - day of -Dec~,~¢r~ ,1995. ATTEST: Clerk Mayor POOODR.]C 147021 -7- NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CON- STRUCTION OF GROUND STORAGE RES- ERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Ground Storage Reservoir Pump System Improvements in said City at 7:30 p.m. on the 5th day of December, 1995, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CiTY CLERK RESOLUTION NO. 95-352 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IIV1PROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper pulS, li~hed at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 9th day of January, 1996. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 16th day of January 1996, or at such later time and place as may then be fixed. Passed and approved this 5th day of December ,1995. Approved by CITY CLERK ey s Office RESOLUTION NO. 95-353 RESOLUTION ADOPTING THE NEAR SOUTHSIDE DESIGN PLAN WHEREAS, the City Council of the City of Iowa City, Iowa has adopted the Near Southside Neighborhood Redevelopment Plan, the Near Southside Commercial Urban Revitalization Plan, and the Near Southside Residential Urban Revitalization Plan; and WHEREAS, to ensure that the design of development projects within the Near Southside Neighborhood comply with a design concept envisioned for the Near Southside Neighborhood, the City Council hired a consultant to develop the Near Southside Design Plan ("Design Plan") for said Neighborhood; and WHEREAS, to assist the consultant with the development of the Design Plan the City Council established the Near Southside Design Plan Advisory Committee; and WHEREAS, the City Council has concluded that the Design Plan complies with the Near Southside Redevelopment Plan and will complement the investment Iowa City has made in the Downtown and will generally enhance the community; and WHEREAS, this conclusion has been reached after due deliberation and opportunity for public input. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT The Near Southside Design Plan is adopted for use as a design guide to implement the Near Southside Neighborhood Redevelopment Plan. Passed and approved this 5th day of ]3eretuber .1995. It was moved by Throgmortnn and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ecodev'~.~Sdsgn.res RESOLUTION NO. 95-354 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO AT'rEST CONTRACT FOR THE CONSTRUCTION OF CONTRACT 1 OF THE WAS~ATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS THE SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. WHEREAS, Park Construction Company has submitted the lowest responsible bid of $12,760,812.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Park Construction Company, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this 5th day of December , 1995. CIT~CLERK It was moved by Kubby adopted, and upon roll call there were: il~~pproved by ,_ Ci(y Attomeys Office //- andseconded by Nmv~rk AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Horowitz Kuhby Lehman Novick Pigott Throgmorton ADVERTISEMENT FOR BIDS CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 am, local time on the 21st day of Novem- ber, 1995, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 pm on December 5, 1995, or at such later time and place as may then be scheduled. The Project will involve the following: CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS Work includes approximately 11.000 feet of 96" and 8,000 feet of 84" PVC-lined, rein- forced concrete interceptor sewer with reinforced concrete junction structures, jacked highway and railroad crossings, and other related work. Also included are 8" through 48" lateral and reliet sewers with augered railroad crossings and other appur- tenances. Work shall be in accordance with the Bid- ding Documents, including the Project Manual, and Drawings, prepared by Stanley Consul- tants, Inc., Muscatine, Iowa, which have hereto- fore been approved by the City Council and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed in tripli- cate, on forms provided with the Project Manu- al, and must be accompanied, in a separate sealed envelope, by Bid security in an amount of not less than 5% of the Bid. Bid Bonds must be executed by corporations authorized to contract as Surety in the State of Iowa and in a form described in the Contract Documenfs. Bid security shall be made payable to the TREA- SURER OF THE CITY OF IOWA CITY, IOWA and shall be fodeited to the City of Iowa City, Iowa in the event the successful bidder fails or refuses to enter into a contract within ten (10) calendar days and furnish required contract security satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and other Contract Documents. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a con- tract is awarded, or until rejection is made. Other checks or bid Bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guaran- tee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract. and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceplance by the City. The following limitations shall apply to this Project: Completion Date: The Work will be sub- stantially completed within 670 days after the date when the Contract Times commence to run and completed and ready for final payment within 730 days after the date when Contract Times commence to run. Additional intermedi- ate work items and corresponding milestone dates needed to accommodate OWNER's needs and 10r coordination with Contract 2 are as follows: 1. Construction of Junction Structure No 3 and connecting sewers to Sla. 152+00 at Napoleon Park Pumping Station site within 120 days after Notice-to Proceed 2 Construction of sewer, grading, and relaled surface restoration ~n Napoleon Park completed by December 31, 1996. 3. Construction activities within ease- ments limits on properly of Pleasant Valley Nursery during the months of July through March only. Liquidated Damages: Two thousand, five hundred dollars ($2,500) for each day that expires after the time specified for Final Com- pletion until the Work is complete and one thousand dollars ($1,000) for each day that expires after the time specified above in item 1 until the Work is complete. A base set of Bidding Documents consist- ing of 1 Project Manual and 1 full-size set of Drawings may be obtained from Ms. Rebecca Allen, Stanley Consultants, Inc., Muscatine, Iowa, telephone 319-264-6274, upon payment in the amount of $75.00 nonrefundable. Addi- tional Bidding Documents may be obtained at the same cost and are also nonrefundable. A prebid conference will be held at 10:00 am on November 8, 1995 at Council Chamber at the Iowa City Civic Center. Repre- / of OWNER and ENGINEER will be present to discuss the Project. Prospective Bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects, Bidders shall list on the Bid Form the names of persons, firms, companies or other parties with whom the Bidder intends to sub- contract. This list shall include the type of work and approximate subcontract amount(s). The contractor awarded the contract shall submit a list with the Agreement of the pro- posed subcontractors, together with quantities, unit prices, and extended dollar amounts. If no m~nority business enterprises (MBE) are uti- lized, the contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBEs. Listing of minority contractors is available at the City, and can be obtained from the Civil Rights Specialist at the Iowa City Civic Center by calling 319-356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced w~thin the Slate of Iowa, and to Iowa domestic labor, to the extent la,,,,4ully required under Iowa Statutes. The Iowa Recip- rocal Preference Act Section 23.21, Code of Iowa (1991), applies to the contract with re- spect to Bidders who are not Iowa residents The City reserves the right to defer accep- tance of any Bid for e period not to exceed 45 calendar days after the date Bids are to be received. The City reserves the right to consider such factors as time of completion of the Work, m~lerials and methods ol construct ion, experi- ence and responsibility of the Bidder, and similar factors in determining which B~d it deems to be in its best interests. The City reserves the right to reject any or all Bids, to waive informalities or technicalities in any Bid and to accept the Bid which it deems to be in the best interest of the City. Published by order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK CONSULTANTS, INC. November $0, 1995 Nit. Charles J. Sehmadeke, P.E Director of Public Works City of Iowa City ~10 E. Washington Street Iowa City, IA 52240-1826 Dear Mr. Sehmadcke: Subjem Contract 1 South River Corridor Interceptor and Relief Sewers Wa~tewatez Treaunent and Collemon Facility Improvements This letter will report on our evm'uation of ~he bids received for the subject project on November 21, 1995, and offer our recoramendation for award of Contract Enclosed a~e two official copies of Bid Tabulation Sheet No. 12004-30400. Eleven bids were received tangbag from a low Total Extended Price bid of $12,760,812-00 to a high of $19,530~08.00. A complete a~ithme~ieal check was made on all eleven bids and no si~ifieaut e~roB were found. The low Total Extended Price bid was submitted b~ Park Conslmetion, Minneapolis, Minnesota. Park Construction was contacted and requested to submit a Contractor Qualification Form, a list of subcontractors and pipe supplier, and speci~c experience with la~g~ diameter pipe. The bidder complied with all requests and these items are attached to this letter. Park Construction Company has 80 year~ of heav~ civil eonttraetion experience. Thek background in heavy excavating, dewatering, backfilling, and compactbag is extensive. They have completed numerous projects including site work, foundations, dams, ponds, drainage systems, utility systems, and pumping sialions. The addilion of Mr. 6ene Haahmd to their staff adds additional recent experience on four large sanitary sewer projects in Iowa, including the southeast interceptor sewer in Iowa City. MI~ItElt OF YHE 9YANLEY CONSUI.TANT~ GROUP ~' INYlBRNAllONAL coNSULTANTS I/t ENGBI8~HG, ARGHIT~GIUR~, pLANNItffi, AND MAllAGF-klENT Mr. Charles J. Sdmladeke, November 30, 1995 Pa~ 2 The list of proposed sub~0nt~aciors i~di~t~s that P~k Com~on in~n~ to ~fform ~e majo~ of ~ hca~, ~fl ~on ~ ~c~ c~ for~. W~ ~c not ~arc of ~ ~n~rn ~ ~o su~n~a~ pro~8~ ~e pr~ pi~ suppEer, ~on ~n~etc ~mp~, ~ ~ It is ou~ recommendalion that this Csntract be awarded to Park Construction, Minueapolis, Minnesota, for a Total E~tended Price o£ If you hav~ any questions, plca~e give us a call Sincoroly, STANLEY CONSULTANTS, INC. ' Chmlos L. Meyer, P.E. Project Manager Enclosure ce,: C~neral Files/12004 8I:~I ~6, 0C ti9-1 RESOLUTION NO. 95-355 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRIDOR WASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF CONDEMNATION. WHEREAS, City staff was directed to negotiate settlement with Antonia and Arie Kroeze and Pleasant Valley Golf Course, in lieu of condemnation for property rights needed for the City'~'_ South River Corridor/VVastewater Treatment Connection Project; and WHEREAS, City Council now wishes to enter into a negotiated agreement to acquire property rights in lieu of condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The agreement to acquire property rights from Arie and Antonia Kroeze for the South River Corridor/Wastewater Treatment Connection Project in lieu of condemnation, is hereby approved as to form and substance, The City Attorney is directed to darr~ out all necessary procedures to consummate the acquisition of said property rights, as agreed. Passed and approved this 5th day of December ,1995. CITY-CLERK ~rney s Office //_/~ ~_~'~ It was moved by Ngvtcl< and seconded by. Lehman adopted, and upon roll call there were:. AYES: NAYS: ABSENT: ,X X x x X the Resolution be Baker Horowitz Kubby Lehman Novick __ Pigott Throgmorton SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of December, 1995, by and between the City of Iowa Cityflowa (City), and Arie Kroeze and Amonia H. Kroeze, husband and wife, and Pleasant Valley I~P., an Iowa limited partnership (h( y PV), on the following terms and conditib~ns: 1. This Agreement eight (8) foot sanitary sewer lin Wastewater Treatment Plant and condemnation. The exact location the sanitary sewer line as originally ains to the installation ion and maintenance of an from Sycamore south to the Iowa City South made by the in a spirit of cooperation to avoid the line be fifty (50) feet west of the location of Stanley Consultants, as delineated by an easement survey to be paid for by Ci 2. The sewer line will be I permanent easement granted by rary easement for the temporary sewer easement from the east side of said west only as necessary be parallel )nent easemen construct ."d within the confines of a sixty (60) foot (in width) City. Additionally, PV grants to the City a tempo- ing and installing the sanitary sewer line. The the sanitary sewer line permanent easement othe east property line of PV and also to the sewer line. 3. PV sh~ e no charge to the easements (permanent and tempo- rary) to be convm Such easements shall be stan~ 'd City easements, as attached, and the area may be ~d by PV for any purpose which does interfere with the use of the area by the City as ~fined in attached permanent easement sa'~ple. 4. The temporary easement area shall be returned to PV upon completion of the installati, of the sanitary sewer line, and the City will be responsible for any damages which may by virtue of the installation of the sanitary sewer line and shall replace the topsoil of the area so that the least possible damage will occur from the installation. 2 5, The City shall pay PV for all trees and shrubs which are destroyed or damaged in value within a period of thirty (30) days following the removal of trees and shrubs neces- sary for the installation of the line and use of the temporary easement, It is agreed that the amount of damage shall be determined by a person or firm selected by the parties to assess the damages arising by virtue of the removal of trees and shrubs. 6. The temporary easement shall cease immediately upon completion of the installation of the sewer line and ~estoration of the easeme;nt areas to their former condition prior to construction to the greatd~ extent possible. In a~ event the use of the temporary easement area shall cease not later ~an January 1, 1/~8. 7. The sanitary sewer line I proposed w~11 not require the removal of the house located near Sycamore Street. ,~ 8. The City shall insta (800) feet (approximate) from the north line which traverses the property owne~ to said sanitary sewer line at the mar that assessed by the City for othe~ the sanitary sewer line every eight hundred (Sycamore Street) to the south end of the PV. PV shall have the right to install and hook-on through the use of laterals with the charge being hooking onto the sewer line. 9. At a point on the south from Sycamore Street from the sanitary sewer lin, the property to the east easement, see attacheel unreasonably interfer~ Langenberg will grant ~ y to the e~ enbergs). This 31e. The area may /ith the use of the land permanent easement se~ ~r line approximately two thousand (2,000) feet 3erinanent easement twenty (20) feet in width line of PV for use by the owners of be the standard permanent sanitary sewer used by PV in any manner which does not ~e installation of the lateral running to the be granted to the City without charge. 1 0. U 3 the construction of a road by the ,, ycamore south to the soccer fields (which d will be on the property at this time owned by the City or the Langenberg family), the City will grant access to said north/south road by PV without charge at any point mutually agreeable where the road is located within two hundred (200) feet of the east line 3 of the property owned by PV. Further, the City agrees to install or construct or cause to be constructed said north/south road within a reasonable time and in any event not later than when the party owning the Langenberg property plats and commences to sell the platted property for residential housing. 1 1. This Agreement shall be bindinfo'upon the parties, their successors in interest and assigns. It is contemplated that upon prol: er surveys and other data being obtained, the parties will prepare and sign a formal agreement and deliver the appropriate easement docu- / merits. The foregoing is a statement of the sa )rovisions to be included in such formal agreement for recordation. ,' / / CITY OF IOWA CITY, IOWA 7NERS By: ARIE KROEZE NTONIA H. KROEZE .EASANT VALLEY L.P. Approved by: ~;~rney~,s' C ffi~ce~' SOUTH RIVER CORRIDOR/WASTEWATER TREATMENT CONNECTION PROJECT PERMANENT SANITARY SEWER EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT THIS AGREEMENT, made and entered into by and between Arie Kroeze and Antonia H. Kroeze, husband and wife, and Pleasant Valley, I..P., hereinafter referred to as "GRANTORS" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: GRANTORS state and covenant that they are the owners of certain real estate to-wit as described in Exhibit "A" attached hereto, that they are lawfully seized and pos- sessed of the said real estate descri/bed above, and that they have a good and lawful right to convey this easement. f In consideration of the settlement agreement, and the covenants herein contained, GRANTORS hereby grant and convey to the CIT,Y, an exclusive permanent easement for the purposes of constructing, operating, maintaining, repairing, using and reconstructing a sanitary sewer and appurte0ances in, over and across certain real estate owned by GRANTORS, and describe¢ Exhibit A attached hereto. In addition to the perm~ ation of the settlement agreement do hereby grant and convey to across that portion of GRANTORS' Said temporary construction e~ construction of the sanitary se~ dirt, storage of materials and equipment to com[ in Para hereof, and in consider- contained, GRANTORS construction easement in, over and operty described and shown in Exhibit A hereto. is for the purpose of facilitating the shall include necessary excavation, piling of lent, and ingress and egress of persons and The term of the tern 1, 1996, to January 1, be for the period from January 5. With respect to the ea describe in Paragraph 2 and 3 hereof: (a) CITY shall ha the right to make e: and to gra~ as it may find rea operation, maintenance and agrees to [ to proml: fill same following avations within the area of the easements )nably necessary for the construction, ,construction of the sanitary sewer. The uch excavations during construction and ction. (b) CITY sf II have the right to trim or interfere with the exercise of CITY's covenants and agrees that exi,, features which are removed or replaced to conform with the sections hove all trees and plants which may pursuant to this Easement. CITY ays, sidewalks, fences, or other site to permit construction shall be CITY covenants and agrees to place a temporary fence on all pastures for livestock security during construction. -2- All grassed areas disturbed by the installation, repair or maintenance of the sanitary sewer shall be reseeded. (c) (d) (e) CITY covenants and agrees to remove and stockpile existing topsoil from areas to be excavated to a minimum deptl~ of six inches. Following installation of the sanitary sewer, said topsoil shall be replaced and respread over excavated areas, and all other areas within the easement limits which are disturbed will be restored to their original elevaTns. ,-' CITY shall have the right of ingress and egress to and from/the easement areas by such route as shall occasion the least practical dama~l'e and inconvenience to the GRANTORS. // CITY covenants and agrees to execute an agreement with GRANTORS with regard to the amount of crol: damage during'construction at the time of occurrence of such damage, if any. GRANTORS reserve the right to use the real which shall not interfere with the CIT'/'s full easement. Such acceptable purposes in th installation of streets and parking lots, su effect at the time. However, GRANTO' other structure, or drill or operate obstructions within the easement, n¢ fill or cut over said not be unreasonably withheld. above-described for purposes ment of the rights granted in this Easement area shall include to applicable platting requirements in shall not erect or construct any building or well, or construct any reservoir or other dl GRANTORS allow or cause any substantial consent of said CITY, which consent shall CITY shall indemnify GRANTI against exercise ol' the easement rigl by the ClT~ by a diminution in bu,' the te~ repairs, maintenance construction. ny loss or damage which may occur in the except for loss which may be occasioned porary use of the area for construction, The provisions hereof of the respective part This personal easer expense. inure' of and bind the successors and assigns and all covert shall apply to and run with the land. shall be recorded at he time of its execution, at CITY's -3- Dated this __ day of · 1995. Arie Kroeze Pleasant Vally, L.P. STATE OF IOWA ) )ss: COUNTY OF ) On this day of in and for the State of Iowa, personall and wife, to me known to be the identical p, instrument, and acknowledged that they e deed. Antonia H. Kroeze ./ the undersigned, a Notary Public Arie l(roeze and Antonia Kroeze, husband OhS named in and who executed the foregoing :uted the instrument as their voluntary act and in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this .__ day of Notary Public in and for the to me personally partners of Pleasant signed on behalf of the pa the execution of the by the partner voluntari 995, before me, the undersigned, a Iowa, personall, being by me duly sworn, L.P., an Iowa Limited Partn by authority of the ~ment to be the voluntary say that the person is one of the hip, and that the instrument was s; and the partner acknowledged of the partnership by it and Notary Public in and for the State of Iowa -4- Dated this __, day of ,1995. CITY OF IOWA CITY, iOWA By: Susan M. Horowitz, Mayor Attest: Marian K. Karr, City Clerk Approved By: City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of Public in and for said County, in Marian K. l(arr, to me personally the Mayor and City Clerk, respec foregoing instrument; that the that said instrument was si authority of City Council of and Marian K. Karr acknowl( deed and said municipal , 19~)5, before me, the undersigned, a Notary State, who bein of said muni~ affixed thereto and sealed on ipal ~d the execution of sai 3oration, by it and by the really appeared Susan M. Horowitz and by me duly sworn, did say that they are ml corporation executing the within and seal of said municipal corporation; half of said municipal corporation by and that the said Susan M. Horowitz act and voluntarily executed. ~corrldor~kroezel ~easement Notary Public in andSthe State of Iowa SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of December, 1995, by and between the City of Iowa City, Iowa {City), and Arie Kroeze and Antonia H. Kroeze, husband and wife, and Pleasant Valley L.P., an Iowa limited partnership {hereafter collectively PV), on the following terl is and conditions: 1. This eight (8) foot Wastewater Treatment condemnation. The the sanitary sewer line as easement survey to be paid ant and is made by the parties in a spirit of the line is to be fifty (50) linally proposed by Stanley City. reement pertains to the installation, completion and maintenance of an sewer line from Sycamore Street south to ~e Iowa City South cooperation to avoid west of the location of as delineated by an 2. The sewer line will permanent easement granted by rary easement for the purpose of temporary sewer easement will from the east side of said perm easem{ the confines of a sixty (60) foot (in width) Additionally, PV grants to the City a tempo- and installing the sanitary sewer line. The :o the sanitary sewer line permanent easement to the east property line of PV and also to the west only as necessary ~ the '~r line. 3. PV shal~ ~a~ no charge to the City for ~,easements (permanent and tempo- rary) to be conveye/~ ,~u¢ easements shall be standar(~y easements, as attached, and the area may be u,'&d by PV for any purpose which does not i~,~ere with the use of the area by the City as ned in attached permanent easement sample. 4. The temporary easement area shall be returned to PV upon completion of the installati( of the sanitary sewer line, and the City will be responsible for any damages which may a~e by virtue of the installation of the sanitary sewer line and shall replace the topsoil of the area so that the least possible damage will occur from the installation. 2 5. The City shall pay PV for all trees and shrubs which are destroyed or damaged in value within a period of thirty (30) days following the removal of trees and shrubs neces- sary for the installation of the line and use of the temporary easement. it is agreed that the amount of damage shall be determined by a person or firm selected by the parties to assess the damages arising by virtue of the removal of trees and shrubs. 6. The temporary easement shall cease immediately upon )letion of the installation of the sewer line and of the easement areas to ~ condition prior to construction to the : extent possible. In any event use of the temporary easement area shall cease not later hah January 1, 1998. 7. The sanitary sewer line located near Sycamore Street. proposed will uire the removal of the house 8. The City shall install (800) feet (approximate) from the north bou line which traverses the property owned by to said sanitary sewer line at the manhole that assessed by the City for other par sanitary sewer line every eight hundred (Sycamore Street) to the south end of the PV shall have the right to install and hook-on h the use of laterals with the charge being onto the sewer line. south from Sycamore Street from the sanitary sewer the property to the east ~ easement, see attached unreasonably interfere ~ Langenberg property. At a point on the sa~ sewer line grant a [ terlyto the east lenbergs). This will be the The area may be used use of the land for the 10. fields (which ro~ ~roximately two thousand (2,000) feet easement twenty (20) feet in width line of PV for use by the owners of ~dard permanent sanitary sewer in any manner which does not of the lateral running to the permanent easement shall be granted ~ City without charge. construction of a road by the City from Sycamore south to the soccer will be on the property at this time owned by the City or the Langenberg family), the City will grant access to said road by PV without charge at any point mutually agreeable where the road is located within two hundred (200) feet of the east line of the 3 property owned by PV. Further, the City agrees to install or construct or cause to be con- structed said road within a reasonable time and in any event not later than and in conjunction with the platting of the Langenberg property. 11. and assigns. It is contemplated tha parties will prepare and sign a form ments. The foregoing is agreement for recordation. This Agreement shall be binding upon the parties, their successors in interest proper surveys and other data being obtained, the I agreement and deliver the )ropriate easement docu- salient provisions included in such formal CITY IOWA CITY, IOWA ARIE KROEZE / FONIA H, KROEZE LLEY L.P. By: Approved By City Attorney's Office SOUTH RIVER CORRIDOR/WASTEWATER TREATMENT CONNECTION PROJECT PERMANENT SANITARY SEWER EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT THIS AGREEMENT, made and entered into by and between Mary Jane C. Showers, Leon H. Cooper, Portia S. Cooper, James A. Showers, The John E. and Susan Ann Blumgren Revocable Trust dated July 6, 1979, The Donal~ M. Showers Trust dated June 13, 1991, Martha S. Rackus, and Eric J. Showers, hereinafter referred to as "GRANTORS 'and the City of Iowa City, Iowa, a municipal corporatiol ,hereinafter referred to as "CIT~ IT IS HEREBY AGREED AS FOLLOWS: GRANTORS state and covenant t ~at they are the owners of as described in Exhibit "A" ~d hereto, that they are I~ sessed of the said real estate des~ bed above, and that the right to convey this easement. real estate to-wit seized and pos~ a good and lawful w In consideration of $8,625.00, ood and valuat: ,~ration, and the cove- nants herein contained, GRANTORS h ~bygrant an( ~tothe CITY an exclusive permanent easement for the of con: operating, maintaining, repairing, using and reconstructing a and appurtenances in, over and across certain real estate owned by GRAI and described and shown on Exhibit A attached hereto. In addition to the permanent easement gr. ationof $19,325.00, other good and v contained, GRANTORS do hereby easement in, over and across that shown in Exhibit A hereto. Said of facilitating the construction the sanitar, excavation, piling of dirt, of materials of persons and equipment to ~lete d in Paragraph 2 hereof, and in consider- ~onsideration, and the covenants herein to CITY a temporary construction ~)RS' property described and eraant is for the purpose sewer and shall include necessary equipment, and ingress and egress The term of the tam tion easement v~[11 be for the period from January 1, 1996, to January 1, ~ With respect to the~ described in ParagraphSand 3 hereof: (a) CITY shall h...~e t right to make excavations with~n the area of the easements and to gr~e .as it may find reasonably necess~y for the construction, operationS'repair, maintenance and reconstruction o~ the sanitary sewer. The CITY co~fena?ts a~ ~d agrees to protect such excavation~ during construction and t° Pr ~t,l,Y~fil, l,~sama foil°wing c°nstructi°n' ~ (b) CITY shall have the right to trim ~r remove all trees ar~,d plants which may interfere with the exercise of CITY s rights pursuant to thi~, Easement. Timber and plants which are removed shall become.the propeR of CITY. CITY covenants and agrees that existing driveways, s~dewalks, fend,es, or other site features which are removed or disturbed to permit constrdotion shall be replaced to conform with the sections or items removed. The compensation set -2- forth above for the temporary and permanent easements includes compensation for all trees and plants to be removed, trimmed or disturbed by construction of the sanitary sewer. CITY covenants and agrees to place a temporary fence livestock security during construction. all pastures for All grassed areas sanitary sewer shall be the installation, repair of the (c) CITY covenants and ees to remove and stockpi g topsoil from areas to be excavated to a mi~ imum depth of six g installation of the sanitary sewer, said shall be replace, respread over excavated areas, and all other within the easem~ limits which are disturbed will be restored to their ori elevations. (d) CiTY shall have the right o by such route as shall to the GRANTORS. ~gress and ~n the IE tess to and from the easement areas practical damage and inconvenience (e) CITY covenants and agrees regard to the amount of cro occurrence of such damage, an agreement with GRANTORS with during construction at the time of GRANTORS reserve the right to which shall not interfere with granted in this easement. shall include installation of requirements in effect at the any building or or other substantial fill or consent shall not be u~ and However or drill the easement said easement withheld. real estate above-described for purposes or public's full enjoyment of the rights ~urposes in the Permanent Easement area ~ing lots, subject to applicable platting shall not erect or construct te any well, or construct any reservoir shall GRANTORS allow or cause any the consent of said CITY, which CITY shall indemnify NITORS against any damage which may occur in the exercise of the ease rights by the CITY, except ~r loss which may be occasioned by a diminution in during the temporary us~of the area for construction, repairs, maintena/~ and/or construction. ~ The provisions }/areof shall inure to the benefit of and bind~he successors and assigns of the respecti I~ parties hereto, and all covenants shall app'l~y to and run with the lan,d. This personal ~asement shall be recorded at the time offs execution, at CITY s expense, ~, *3* Dated this day of Portia S. Cooper , 1995. Leon H. Cooper STATE OF IOWA ) )es: COUNTY OF ) On this day of ,1995 in and for '.he State of Iowa, husband and wife, to me known to be foregoing instrument, and acknowledged that act and deed. ~efore me~gned, a Notary Public Leon Cooper and Portia S. Cooper, and who executed the ~d the instrument as their voluntary lic in a~ for the State of Iowa ', ~ RESOLUTION NO. 95-356 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A FRANCHISE AGRE!~.MENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND CABLEVISION VII, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN IOWA CITY. WHEREAS, the City of Iowa City, Iowa (City) and Cablevision VII, Inc. (Company) have entered into a franchise agreement for providing cable television services to residents of Iowa City, and WHEREAS, that franchise agreemen1. has expired and continues in effect on an interim basis as agreed to by the City and the Company, and WHEREAS, Cablevision VII, Inc. has requested that its franchise be renewed, and WHEREAS, it is deemed in the interest of the City to provide for continuing cable television ~ervice to its residents and the City desires to renew its franchise with Cablevision VII, Inc. for the purpose of providing such service, and WHEREAS, the City and Company have successfully negotiated a franchise renewal agreement. 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, a franchise agreement between the City of Iowa City, Iowa and Cablevision VII, Inc., which agreement is attached to, and hereby made a part of this resolution. Passed and approved this 5th day of December ,1995. ATTEST: Cl~ It was moved by Kubby and seconded by adopted, and upon roll call there were: Ay OM/~/~ ' ~~ ~..~'- ~, Ap/~ved by~..,~ / Lehman the ResolutiOn be AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, A MUNICIPAL CORPORATION, CABLEVISION VII, INC. AN IOWA CORPORATION II. Ill. IV. V. Vl. VII. VIII. IX. X. Xl. Xll. XlII. XlV. XV. XVI. XVII. XVlll. XlX. XX. XXl. TABLE OF CONTENTS NONEXCLUSIVE FRANCHISE ....... GRANTED TO CABLEVISION VII, INC.. RIGHT OF CITY TO ISSUE FRANCHISE TERM ....................... FRANCHISE NONEXCLUSIVE ....... DEFINITIONS .................. SERVICE AREA ................. SYSTEM AND CAPACITY .......... CONSTRUCTION ............... SYSTEM SERVICES AFTER REBUILD .................... ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND 1 1 2 2 2 2 3 4 8 9 SERVICES ...................................... 10 INTERCONNECTION ............................... 1 2 SUBSCRIBER INFORMATION AND POLICY ................ 13 NON-DISCRIMINATION ............................. 15 15 RATES ......................................... FRANCHISE RENEWAL .............................. 15 16 POLICE POWERS ................................. FRANCHISE FEE AND PERFORMANCE BOND .............. 16 REGULATION .................................... 16 17 REMEDIES ...................................... COOPERATION ................................... 18 XXll. XXlll. XXlV. XXV. XXVI. XXVll. XXVlll. XXVlX. WAIVER ................. CUMULATIVE PROVISION ..... NO LIABILITY ............. NOTICES ................ CAPTIONS ............... NO JOINT VENTURE ........ ENTIRE AGREEMENT ........ SEVERABILITY ............ 18 18 18 19 19 19 19 19 APPENDICES System Design Specifications Drop Technical Parameters Delivery System Equipment List Converter Specifications Test Equipment Preventative Maintenance Program Design Standards Franchisee's Construction Manual Permit and Construction Process Cutover Process Programming During Rebuild Period Programming Categories After Rebuild Free Drop Locations Position of Access Channels During and After Rebuild Access Publicity Business and Repair Hours ii BROADBAND TELECONIMUNICATIONS FRANCHISE AGREEMENT NONEXCLUSIVE FRANCHISE. A. This section grants a ten-year nonexclusive Franchise to operate a cable television system to Cablevision VII, Inc. (hereinafter referred to as Franchisee). The Franchise granted shall, as set forth below, be subject to the provisions of the Broadband Telecommunications Enabling Ordinance and this Franchise Agreement. B. Subject to Section 626 of the Cable Television Consumer Protection and Competition Act of 1992, as amended, the City Council reserves the right to refuse to select a Franchise holder if such refusal is subsequently deemed to be in the public interest. C. If the terms and conditions specified in this Franchise conflict or modify the Ordinance, the provisions of the Ordinance shall apply. II. GRANTED TO CABLEVIS10N VII, INC. A. Purpose. The purpose of this section is to award a Franchise, for a cable television system to Cablevision VII, Inc. Cablevision VII will endeavor to provide top quality cable service. B. Enactment. Franchisee is hereby granted a nonexclusive Franchise to operate a cable television system within the City in accordance with the Ordinance of this title, which establishes standards, regulations and procedures for the granting of a cable television Franchise, this Franchise and the rules and regulations adopted by the Iowa City Broadband Telecommunications Commission, all Ordinances of the City and all applicable rules and regulations of the Federal Communications Commission and the State. C. Effective Date. This Franchise shall not become finally effective until the Franchisee files an acceptance in writing with the City of Iowa City. The Franchisee shall have up to sixty (60) days from the date the franchise is signed by the Mayor to provide such written acceptance. Immediately upon the taking effect of this Franchise Agreement, the prior franchise granted to Cablevision VII, Inc. shall be superseded and of no further force and effect; provided, however, vested rights relating to billings and the City's rights to accrued franchise fees shall not be affected thereby. D. Use of Public Ways. For the purpose of operating and maintaining a cable television system in the City, Franchisee may erect, in, over, under, or upon, across, and along the public streets, alleys, and ways within the City such wires, cables, fiber optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the cable television system in the City and in accordance with this Franchise and the Ordinance. III. RIGHT OF CITY TO ISSUE FRANCHISE. Franchisee acknowledges and accepts the legal right of the City to issue this Franchise. IV. TERM. The term of the Franchise shall be for a period of ten (10) years from the effective date, unless sooner terminated as provided in the Ordinance, at which time it shall expire and be of no further force and effect. Vo FRANCHISE NONEXCLUSIVE. Consistent with the requirements of the Ordinance, this Franchise shall not be construed as any limitation upon the right of the City to grant to other persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other streets, alleys, or other public ways or public places. The City specifically reserves the right to grant at any time during the term of this Franchise or renewal thereof, if any, such additional Franchises for a cable communications system as it deems appropriate. In the event the Franchising Authority enters into a franchise with any other person or entity other than the Franchisee to enter into the City's streets and public ways for the purpose of constructing or operating a cable television system to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, taking into account the size and population of the franchised area, including but not limited to, franchise fee, external costs, access fees, if applicable, design, term, density requirements and system capacity requirements. VI. DEFINITIONS. All definitions set forth in the Ordinance pertain to this Franchise and shall be relevant to the purposes and meaning of this Franchise. 2 VII. SERVICE AREA, A. Service to all Residents. Franchisee shall offer cable television residences service to all areas of the City which are it, the corporate limits of the City of Iowa City .and that meet the density requirements under paragraph B of this section, on the effective date of this Franchise. The Franchisee shall provide cable service to Old Capitol Center at the time of the rebuild pursuant to Section VIII herein. The Franchisee shall make reasonable efforts to obtain easements necessary to serve Block 81 and shall provide cable service to Block 81 at the time all necessary easements are available, but no sooner than at the completion of the rebuild pursuant to ~ection VIII herein. The Showers Addition and/or Camp Cardinal Road shall be served within six (6) months of when the City extends City services and requests services to the Showers Addition and/or Camp Cardinal Road respectively. B. New Residential Construction. Franchisee shall extend service to all new residences in all unwired developments within six months of a request of a subscriber in an area to be served by underground construction and within three months of a request of a subscriber for areas to be served aerially, whenever density of at least twenty (20) residential dwelling units per cable plant mile; as measured from the existing facilities of Franchisee's cable system in the franchise area. For purposes of this section, density per cable mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions thereof, of the total length of aerial or underground cable necessary to make service available to the residential dwelling units in such area in accordance with Franchisee's system design parameters. The cable length shall be measured from the nearest point on the then- existing system. The total cable length shall exclude the drop cable necessary to serve individual subscriber premises. C. Contribution-in-aid. If an area does not meet the required number of residential dwelling units per cable mile, Franchisee shall bear its pro-rata share of the current construction costs based upon the actual number of residential dwelling units per mile. For example, if there are 5 residential dwelling units in a residentially zoned area, the Franchisee's share would be 5/20ths or % of the construction cost. The remaining construction costs shall be borne on a pro-rata basis by each cable television subscriber. After completion of the project, should additional subscribers request and receive cable television service, the pro-rata shares shall be recalculated. Any new subscriber shall pay the new pro-rata share and all prior contributing subscribers shall receive appropriate refunds. In any event, at the end of two (2) years from the completion of residential construction in the area, the subscribers shall no longer be eligible for refunds, and any amounts paid in construction costs will be credited to the plant account of Franchisee. 3 D. Service Area. The service area of Franchisee shall be the entire corporate boundaries of the City of Iowa City and include any areas annexed to the City in the future. F. Commercial Service. Franchiseeshall, upon request, make service available to all commercial/industrial establishments served aerially which are located within 125 feet of the system at Franchisee's standard installation rate expense. For commercial/industrial establishments served underground or for aerial extensions beyond 125 feet, Franchisee shall, upon request,make service available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Franchisee and the commercial/industrial establishments in the area in which service may be expanded, the Franchisee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of commercial/industrial establishments per 1320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals eight (8) commercial/industrial establishments. Commercial/industrial establishments who request service hereunder will bear the remainder of the construction and other costs on a pro-rata basis. The Franchisee may require that the payment of the capital contribution in aid of construction be borne by such potential commercial/industrial establishments be paid in advance. F. House Moving. Franchisee shall, upon the request of the City, move and replace its facilities to accommodate house moves conducted on behalf of the City, at a time and materials cost to the City. Wherever feasible, the City shall use its best efforts to ensure that house moves follow the same or similar path. SYSTEM AND CAPACITY. A. System. The parties understand and agree that Franchisee shall construct a cable system which delivers cable television signals processed at 550 MHz (78 channels) utilizing a fiber to the node design or better. The system will be spaced to accommodate 750 MHz in the future. The rebuilt system will use all new fiber optics, and electronic and passive devices. The system will be designed so that there are no more than five (5) amplifiers in cascade. Fiber optic receiver nodes located throughout the plant will divide the distribution of cable signals to 600 homes per fiber node or less. Further, Franchisee will activate 5-40 MHz upstream from each fiber node, as needed upon sixty days notice from the City and upon the completion of the rebuild. Costs for such upstream activation will be treated in the same manner as other rebuild costs. The system shall be designed and constructed in accordance with the design specifications in Appendix A, attached hereto and incorporated by reference. The system shall be operated in accordance with performance standards which meet or exceed FCC regulations. 4 B. Construction Timetable. The rebuild shall be completed within two (2) years of the effective date of this Franchise. Two months prior to the initiation of construction of the rebuild, Franchisee shall provide a neighborhood construction schedule which details the timeframe for construction in each neighborhood and area of the City. C. Construction Oversight. Franchisee will inspect 100% of all fiber and coaxial cable to insure that it meets the specifications of the Ordinance and this Franchise. After the audit of subscriber drops as specified in Section E. below, Franchisee will inspect 35% of the subscriber drops, The Franchisee shall designate an employee to act as a company representative by responding to public service complaints on a daily basis during the rebuild and provide the City with the person's name and telephone number. D. Compliance with Applicable Law. In constructing, operating and maintaining the system, Franchisee shall at all times comply with the Ordinance and all applicable laws and regulations. E. Drop Audit. Two years after the completion of the rebuild, Franchisee shall have audited and tested ninety-five (95) percent of the subscriber drops in the City and all drops not meeting the standards of the National Electric Code or the technical parameters in Appendix B, attached hereto and incorporated by reference, shall be replaced when found to be substandard. The system shall be designed to allow each subscriber drop to provide service to four (4) television outlets. F. Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the equipment listed in Appendix C, attached hereto and incorporated by reference. G. Converters. Franchisee shall provide, for current replacement needs, a converter equal or better than the Converter specified in Apper, dix D, attached hereto and incorporated by reference. After the rebuild is complete and up to one year after digital converters are offered by TCI within the State of Iowa to a system of similar size or smaller, excluding experimental and demonstration projects, Franchisee shall make a digital converter available to all subscribers requesting the digital level of service. Such digital converters shall comply with the then national standards for digital technology and shall provide state-of-the-art features equal to those being introduced during the same year in other systems owned by TCI. All programming services exclusively offering adult rated programming shall provide picture and audio scrambling of services not purchased by a specific subscriber. Franchisee shall maintain its trap system until the introduction of the converters described above and be available thereafter, as needed, for subscribers not utilizing converters. The City Council may, in its discretion, extend the time for the Franchisee, acting in good faith, to provide digital converters. The timeframe for providing digital converters shall be extended for any period during which the Franchisee demonstrates to the satisfaction of the City that the Franchisee is being subjected to delay due to circumstances reasonably beyond its control, such as acts of God and labor strikes. H. Upstream Capacity for City Use. Franchisee shall reserve and give the City the option to use the up and downstream capacity on the cable system not to exceed one-half (½) MHz in either direction, to allow the City to collect data and other signals from subscriber homes or City sites for non-commercial governmental and educational purposes only. Franchisee shall cooperate with the City on pilot projects and City- wide implementation, including but not limited to, City installation and use of equipment which utilizes a larger amount of bandwidth than described above, if necessary, so long as the actual bandwidth utilized by the City is the same or less than that described above. Franchisee shall allow the City to co-locate necessary equipment on the cable system provided said equipment does not interfere with the system's integrity. The Franchisee shall provide such capacity to the City at a rate which, at a maximum, shall be equal to the lowest rate provided to any commercial customer or subsidiary company. Ongoing maintenar~ce charges will be at cost and at the City's option, such cost will be paid by the City or a third party. I. Emergency Alert. Franchisee shall continue to provide an all-channel audio- only emergency alert system for use by the City. Emergency messages can be initiated from any touch-tone phone with an access code. Franchisee agrees to upgrade the emergency alert system at the Franchisee's own cost, by providing a text crcwl on the picture on all channels within five years of the effective date of this Franchise, providing such equipment is available at a reasonable cost, which shall not exceed $15,000. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations, or guidelines. The Franchisee shall not be held responsible for any failure of the emergency alert system to operate during any emergency. J. Test Equipment. Throughout the term of the Franchise, Franchisee shall have accessible to Iowa City within a 24-hour period, test equipment equal to or better than that specified in Appendix E, attached hereto and incorporated by reference. K. Ongoing Preventive Maintenance. Franchisee will comply with the preventive maintenance program specified in Appendix F, attached hereto and incorporated by reference. L. Interference on Channels 12 and 19. After the rebuild, Franchisee will not use Channel 19 for video, but for alphanumeric purposes, to avoid interference from radio/pagers. Franchisee will use its best efforts during the rebuild to minimize interference on Channel 12. Franchisee will relocate Channel 12 (Fox) or Channel 13 6 (IPTV) to avoid off-air interference by the end of the rebuild. Franchisee will use its best efforts to locate IPTV on Channel 1 2, and if possible maintain that channel location. During the term of the Franchise, Franchisee will provide notice to consumers, on how interference problems experienced by customers on specific channels can be alleviated, through TV ads and billing messages mailed to subscribers. M. Satellite Earth Station. The system configuration shall include earth stations which shall ensure the ability to receive signals from operational communications satellites that predominately carry programming services available to cable systems throughout the life of the Franchise. N. Standby Power. Franchisee shall provide 20,000 Watt standby power-generating capacity at the headend. Franchisee shall maintain standby power system supplies, rated for at least two and one-half (2.5) hours duration at all optical node locations in the distribution network. O. Parental Control Devices. Franchisee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Such devices shall block both the video and the audio portion of such channels to the extent that both are unintelligible. The cost to subscribers for parental control devices is subject to FCC regulation. P. Performance Testing. Franchisee shall perform all system tests and maintenance procedures as required by and in accordance with: the FCC; Franchise; Ordinance; Franchisee's standards of good operating practice; and the National Cable Television Association's test procedure guidelines. Q. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with the Ordinance, this Franchise, and FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities shall be deemed to be regulations under this Franchise. At such time as the FCC does not regulate technical standards, Franchisee will continue to comply with the FCC standards which were in effect on the effective date of this Franchise. R. Employee Identification. Franchisee shall provide a standard identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, Franchisee shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Franchisee. S. Stereo. Upon completion of the rebuild, the system will have the capability and shall provide Broadcast Television Systems Committee (BTSC) stereo signals. 7 IX. CONSTRUCTION. A. System Design Review. The City shall have the authority to review the technical design plans of the system to ensure that the system design meets the requirements of this Franchise, the Ordinance, as well as applicable portions of the City Code governing construction within public rights-of-way and applicable portions of the design standards included in Appendix G, attached hereto and incorporated by reference. Franchisee shall provide the following design information: engineering design maps; key for design maps; system level design information (e.g., block diagram of headend, satellite or off-air studies, power supply map); test plan for the existing coaxial cable to be used in the system; and contact engineer who will be available to discuss project details. On a case by case basis, Franchisee may use existing coaxial cable which meets manufacturer specifications. Franchisee shall preform end of the line test to ensure that the coaxial cable plant tested performs according to manufacturer specifications. In cases where the cable does not meet such specifications, Franchisee shall replace the cable and shall use its best efforts to minimize disruption to effected subscribers. The City shall protect the proprietary system design information submitted by Franchisee. The Franchisee shall send the design information to the location specified by the City as such maps are available to the Franchisee. Franchisee's regional engineer will review the design with City designated persons. B. Construction Manual. Franchisee shall construct the system in accordance with Franchisee's construction manual. See Appendix H, attached hereto and incorporated by reference. The Franchisee shall follow the permitting process as specified in Appendix I, attached hereto and incorporated by reference. C. Underground Construction. Franchisee shall participate in and use Iowa One Call and ensure that cable is buried at a depth of twelve inches (12"). Temporary drops will be buried within one month of installation, weather permitting. D. Consumer Compatibility. Franchisee shall comply with FCC consumer compatibility rules and guidelines and will use its best efforts to provide subscriber friendly technology. The basic tier of service shall be offered in a format compatible with FCC regulations. E. Conversion. Subscribers shall not be charged by Franchiseefor conversion from the existing system to the new system. In the event that special additional or customized equipment is requested by any subscriber or is required to provide such service to any subscriber, Franchisee may charge the subscriber for such equipment. So that customers will experience the least possible interruption of service, Franchisee shall perform the cutover to the new system as specified in Appendix J, attached hereto and incorporated by reference. Franchisee will notify subscribers and the public in general of the cutover, using a combination of at least two of the following: bill stuffers; direct mail; news releases; radio announcements; CSR training; and 8 community bulletin board announcements. Internal wiring shall comply with the Iowa City Electrical Code. SYSTEM SERVICES AFTER REBUILD. A. Initial residential subscriber services. During the rebuild period, Franchisee shall initially provide the same or similar programming as provided in Appendix K, attached hereto and incorporated by reference. B. Additional Services. Upon completion of the rebuild, Franchisee shall provide a minimum of four new services and a good mix of entertainment and information programming generally available to the cable television industry, taking into account the needs and interests of the population of the City of Iowa City. At a minimum, the system shall provide the broad categories of programming specified in Appendix L, attached hereto and incorporated by reference. Prior to selecting all the new services to be offered after the rebuild, Franchisee shall conduct a statistically valid consumer market survey by telephone of 200 randomly selected homes to assess what new programming consumers are most interested in receiving, in addition to those specified in Appendix L. Franchisee shall use its best efforts to provide the programming that had the highest degree of community interest and that would serve the community interests indicated in their own survey and in the consumer market survey conducted on behalf of the City during the renewal process. The results of the consumer market survey will be provided to the City within thirty (30) days of completion. C. Leased Access Channels. Franchisee shall offer leased access channels at such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act. D. Cable Drops and Monthly Service. Franchisee shall provide one free cable drop and free, basic and tier services, excluding premium services, audio services, pay-per-view, etc., to locations already provided with free drops, locations listed in Appendix M, attached hereto and incorporated by reference, and at any other public buildings designated by the City. All non-premium programming and closed-circuit training programming shall be transmitted to all of these locations on the cable system, free of charge. E. Institutional Channels. If allowed by Federal law and regulation, the government and educational access channels shall be provided with the capability to transmit for closed-circuit institutional programming. The Franchisee shall provide an appropriate device for the reception of scrambled institutional programming offered over the subscriber network on the scrambled government and educational access channels to all local government and educational locations receiving free drops and service. The necessary headend equipment for modulation, scrambling, and 9 cablecasting of the closed-circuit signals shall be provided by the Franchisee. Franchisee shall provide channel scrambling as requested by the City and educational institutions on the scrambled government and educational access channels. F. Closed Captioning. Franchisee shall pass through all closed-circuit signals received by the system for the hearing impaired. Closed-caption devices will be provided for sale and installation by Franchisee. G. Interactive Services. Franchisee will offer X"Press*/X*Change services, (one per school) provided that these services remain available to the Franchisee, and a guide to each school free of charge when such guides are available for Franchisee. XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES, In order to develop and promote public, educational, and government access programming for the system's access channels, Franchisee hereby agrees to provide the following: A. Access Channels. During the rebuild, Franchisee shall maintain the number and position of the access channels as shown in Appendix N, attached hereto and incorporated by reference. Prior to the first subscriber being cut-over to the rebuilt system, Franchisee shall provide the following number of dedicated access channels: three (3) channels for government access; two (2) channels for educational access; and one (1) channel for public access. The Franchisee, shall use its best efforts to maintain the cable channel position of the access channels in existence on the effective date of this Franchise. After the rebuild and upon the City's request, Franchisee shall activate the following additional access channels on the basic tier; one (1) channel for commumty programming and/or access and one (1) channel for educational access. After the rebuild and upon the request of the City, whenever any public access channels as set forth in this section shows documented proof of performance that they are in use 80% of the cablecast week for any 6 week consecutive timeframe, given at least 8 hours per day, 7 days per week cablecast schedule, with at least 80% (of the time the channel is programmed), unduplicated locally originated programming, the Franchisee shall make such additional access channel(s) available as necessary for access use within 6 months of receipt of request by the City. The City agrees to share the above listed access channels with other communities served by the same headend on a switched basis. Franchisee shall provide automatic switching from a site selected by the City for any switching needed by the City to allow City programming to be viewed within the City while other communities may be viewing other governmental programs. Other communities, such as Coralville, served by the same headend shall have remote switching capability to allow programming to be viewed within their respective municipalities while Iowa City programming continues to be viewed within the City of Iowa City. 10 If Franchisee expands bandwidth, the City reserves ten percent of the bandwidth for public, educational and government access use up to 100 analog channels. Such bandwidth will be made available within six (6) months of a request by the City. The City shall make such request when the governmental, educational, and/or public access entities have demonstrated to the City that such additional capacity is needed and usage meets the formula for bandwidth activation specified above. Such additional capacity shall be dedicated for the type of access specified by the City. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. B. Access Equipment, Support, and Facilities. The Franchisee shall provide the City with funds in monthly payments for equipment, facilities, and ongoing support for public, educational, governmental access, and community access programming, in an amount not to exceed the equivalent of fifty (50) cents per subscriber per month for the entire term of this Franchise. The City shall provide written notice to the Franchisee of the initial amount to be passed through and any changes in the amount thereafter. Both parties agree that all such funds will not be deducted from the franchise fee. The City agrees that all amounts paid by Franchisee pursuant to this section may be added to the price of cable services and collected from Franchisee's subscribers as "external costs" as such term is used in 47 C.F.R. on the effective date of this Franchise. In addition, all amounts paid under this section may be separately stated on subscriber's bills as permitted in 47 C.F.R. 76.985. Such payments will be made by the Franchisee to the City on a monthly basis C. Access Services. Franchisee agrees to continue to provide to the non- profit corporation designated by the City and/or other entities designated by the City, including the City itself, to carry out the day-to-day operations of public access and community programming, annual payments based on $149,554.66 annual payment in year one of the Franchise term. Said amount shall be increased successively thereafter annually for inflation for the term of the Franchise. Both parties agree that all said funds for access services will not be deducted from the franchise fee and agree that only the annual inflation adjustments may be passed through to subscribers and may be separately stated on subscribeds bills. This is in addition to the amount specified in paragraph B above. All inflation adjustments shall be based upon the annual CPI-PI published by the U.S. Department of Commerce. All annual payments shall be due January 1st of each year. D. Publicity. Franchisee agrees to provide the publicity services as specified in Appendix O, attached hereto and incorporated by reference. E. Optical Transmission Equipment. The Franchisee agrees to provide one digital, optical transmission package. The Franchisee agrees to connect the optical 11 equipment using coaxial cable or fiber optics with the Library, the Senior Center, Civic Center, and a school site(including but not limited to the permanent access channel(s), the library channel, the public access channel, the government channel, the community programming channel and the educational access channel). F. Closed Circuit Operations. Franchisee shall provide, free of charge, an appropriate device for the reception of scrambled institutional programming offered over the subscriber network to schools and government buildings receiving free drops and service. The necessary headend equipment for modulation, scrambling, and cablecasting of the closed-circuit signals on the educational, and government access channels, shall also be provided. Franchisee shall provide channel scrambling as requested by government and educational access channel operators. Franchisee shall provide the City and schools with 185 converters and scrambling devices, free of charge, within one hundred twenty (120) days of the completion of the rebuild. G. Signal Quality. Franchisee shall assure that the access channel delivery system from the Civic Center and all other origination points specified herein meet the same technical standards as the remainder of the system as set forth in Section VIII herein. H. Treatment. The Franchisee will confer with the City on the content and format of any separate line item on the monthly bill related to local programming. I. Origination Sites. The Franchisee shall maintain and/or replace and maintain throughout the franchise term, the active origination lines from the locations from which local programming can be originated on the effective date of this Franchise to the Franchisee's headend. Xll. INTERCONNECTION. A. Interconnection. Franchisee's system design shall allow originating institution's signals (public, educational, and governmental channels) to be made available in contiguous communities which are served by the Iowa City headend. If legal and technically feasible, Franchisee agrees to allow interconnection with communities not served by the Iowa City headend provided, however, that such communities, the City, and/or a third party, supply and bear the cost for the interconnect to Franchisee's headend or locations on the system easiest to reach and/or at the least cost, related to access programming origination distribution. Access to TCI's headend and equipment will be limited to TCI personnel. Such personnel shall supervise any activity with regard to this Section. B. University Cooperation. The Franchisee shall use its best efforts to accommodate the telecommunications needs of the University, its staff, and students. 12 In the event the University proposes a joint venture or other proposal for services, the Company shall review the proposal and respond within nineW (90) days of receipt. SUBSCRIBER INFORMATION AND POLICY. A. Subscriber Information. At the time an installation or service agreement is to be signed or at the time Franchisee solicits residents, Franchisee shall furnish to each subscriber a simple, but thorough written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing and service calls; complaints; information regarding the availability of parental control devices; and a complete statement of the subscriber's right to privacy in conformance with 47 U.S. Section 631, as it may be amended. Thereafter, Franchisee shall provide subscribers with privacy information and other information, as required by FCC regulations, as amended. Such subscriber information shall be filed with the City concurrent with distribution to subscribers. B. Business Offices and Personnel. Franchisee shall establish and maintain a business office within the City which shall, at a minimum, be open to receive payments and subscriber equipment for the hours specified in the Appendix P, attached hereto and incorporated by reference. Franchisee shall also provide personnel, telephone service, including a locally listed telephone number, and other equipment, as needed within the area, to ensure timely, efficient and effective service to consumers and for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of the system and for the payment of subscribers' service charges. C. Subscriber Complaints. Pursuant to the Ordinance, Franchisee shall promptly respond to and resolve all subscriber complaints. However, nothing herein shall require Franchisee to maintain or repair any equipment not provided by it. D. Major Outages. Franchisee shall maintain records of all major outages defined as a discontinuation of cable service from one or more fiber nodes in the City of Iowa City. Such records shall indicate the estimated number of subscribers affected, the date and time of first notification or of Franchisee knowledge of the outage, the date and time service was restored, the cause of the outage and a description of the corrective action taken. Such records shall be available to the City during normal business hours upon reasonable prior notice and retained in Franchisee's files for not less than five (5) years. Upon written request of the City, a statistical summary of such records shall be prepared by Franchisee and submitted to the City annually. E. Customer Handbook. Franchisee shall provide written customer policies or a handbook to all new subscribers and, thereafter, upon request. Franchisee's 13 written customer policies or handbook shall, at a minimum, comply with all notice requirements in the Ordinance and those promulgated by the FCC. If Franchisee's operating rules are changed subscribers shall be notified in a timely manner. Rate and consumer complaint information will be distributed annually to subscribers. Franchisee shall file a consumer handbook with the City annually. F. FCC Standards. Franchisee shall meet the FCC's Standards for Customer Service. If Franchisee does not meet the busy standards in two (2) consecutive quarters the Franchisee shall add a minimum of one telephone line or make other changes in order to satisfy the telephone busy standards. Franchisee shall provide to the City annual management data, including data from any service centers used by the Franchisee related to compliance with the FCC's Standards for Customer Service. At such time as Franchisee does not meet the FCC and/or the Ordinance requirements for repair for one quarter, Franchisee shall take corrective action to ensure that such standards are met during the next quarter. At such time as the FCC no longer promulgates Consumer Service Standards the FCC standards in effect on the effective date of this Franchise will be in force. G. Downgrades. Subscribers shall have the right to have cable service downgraded in accordance with FCC rules. No charge shall be made for disconnection of basic service. The billing for such service will be effective immediately and such disconnection or downgrade shall be made as soon as practicable. A refund of unused service charges shall be paid to the customer within forty-five (45) days from the date of termination of service. H. Outages. Franchisee, upon subscriber request, shall credit the subscriber's account for verifiable outages of eighteen (18) hours or more for the levels of service affected by such outages. The Franchisee shall provide written notice to subscribers quarterly of the availability of credits for outages. I. Subscriber Contracts. All contracts between Franchisee and their subscribers shall be in compliance with the Ordinance and this Franchise. Franchisee shall file a copy of the Franchisee's subscriber contract with the City annually. J. Negative Option Billing. Franchisee shall comply with Federal law regarding negative option billing. K. Payment Stations. Throughout the term of the Franchise, Franchisee shall maintain, at a minimum, three payment sites in addition to the Franchisee's office. Such payment stations shall be open during normal business hours and be dispersed throughout the City. Franchisee will review the options for payment by telephone and automatic withdrawals. 14 L. TDD. Within 180 days of the effective date of this Franchise, Franchisee shall install a TDD machine to receive consumer messages from the hearing impaired. M. Repair Calls. Franchisee shall offer subscribers repair service appointments in two hour windows. The Franchisee shall telephone the subscriber prior to arriving for a repair call. Franchisee will conduct repair calls on weekdays and Saturdays. N. Installation. Subscriber service shall be installed within seven days of a request during normal operating conditions, O. Administrative Fee and Disconnects. Administrative fees are charged on any accounts which have not been paid prior to the next billing cycle. Disconnection of accounts due to non-payment occurs no sooner than after 45 days of due date. P. Subscriber Bill. Company shall include its name, address, and telephone number on the subscriber bill and the portion of the bill retained by the subscriber. XIV, NON-DISCRIMINATION. Franchisee agrees that it shall not discriminate in providing service to the public nor against any employee or applicant for employment because of race, color, creed, religion, sex, disability, gender identity, national origin, gender identity, age, sexual orientation, or marital status. In the employment of persons, Franchisee shall fully comply with applicable local, state and federal law, and shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, disability, gender identity, national origin, age, sexual orientation, or marital status. XV. RATES. The City shall have the ability to regulate rates in accordance with Federal law. XVl. FRANCHISE RENEWAL. Subject to Section 626 of the Cable Television Consumer Protection and Competition Act of 1992, as amended, this Franchise may be renewed by the City in accordance with the Ordinance. 15 XVII, POLICE POWERS. In accepting this Franchise, Franchisee acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce general Ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and Ordinances enacted by the City pursuant to such power. XVIII. FRANCHISE FEE AND PERFORMANCE BOND. A. Franchise Payments. Franchisee shall pay to the City a Franchise fee of five (5%) percent of gross annual revenues or the maximum amount permitted by law, whichever is higher, during the period of its operation under the Franchise, pursuant to the provisions of the Ordinance. Any increase in the franchise fee shall be implemented as soon as practicable, but no longer than forty-five (45) days. B. Bonds. Franchisee shall furnish a construction bond to City as specified in the Ordinance during the construction of the rebuild. Franchisee shall furnish a Letter of Credit of $75,000 which shall be replenished within ten (10) days of use by the City as specified in the Ordinance to a total amount of $500,000. Franchisee shall provide such Letter of Credit to the City within sixty (60) days of the effective date of this Franchise. The Letter of Credit should be maintained during the life of the Franchise, to guarantee the faithful performance of all its obligations under this Franchise and the Ordinance. XlX. REGULATION, A. The City shall exercise appropriate regulatory authority underthe provisions of the Ordinance and this Franchise. Regulation may be exercised through any duly designated City office or duly established Board or Commission or other body of the City. B. Franchisee, by accepting the rights hereby granted, agrees that it will perform and keep all acts and cbligations imposed, represented or promised by the provisions of this Franchise, the Ordinance, and the renewal proposal. C. The Franchisee agrees to indemnify the City and to hold the City harmless from all claims against it by third parties arising out of its compliance with Section V to the extent that such claims are not barred by Section 635A of the Cable Television Consumer Protection and Competition Act of 1992 (Limitation of Franchise Authority Liability), or by any other provision of law. 16 XX. REMEDIES. A. Schedule of Liquidated Damages. Because Franchisee's failure to comply with certain material provisions of this Agreement and the Ordinance will result in injury to the City or to subscribers, and because it will be difficult to estimate the extent of such injury, the City and Franchisee hereby agree that the liquidated damages and penalties stated in the Ordinance represent both parties' best estimate of the damages resulting from the specified injury. B. Violations. For the violation of any of the following, the City shall notify Franchisee in writing of the violation. The City shall provide Franchisee with a detailed written notice of any Franchise violation upon which it proposes to take action, and there shall be a thirty (30) day period within which Franchisee may demonstrate that a violation does not exist or cure an alleged violation or, if the violation cannot be corrected in thirty (30) days, submit a plan satisfactory to the City to correct the violation. If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the City has been received by the City within thirty (30) days, such liquidated damages shall be chargeable to the Letter of Credit as set forth in the Ordinance if not tendered by Franchisee within thirty (30) days. Franchisee may petition the City Council for relief with just cause. The imposition of liquidated damages shall not preclude the City from exercising the other enforcement provisions of the Ordinance, including revocation, or other statutory or judicially imposed penalties. Liquidated damages may be imposed as follows: (1) For failure to complete construction or extend service in accordance with Franchise: $250/day for each day the violation continues; (2) For failure to comply with requirements for public, educational and government access: $150/day for each day the violation continues; (3) For failure to submit reports, maintain records, provide documents or information: $150/day for each day the violation continues; and (4) For violation of customer service standards required by this Franchise, the Ordinance, or by FCC regulation: ~150/day per standard violated. (5) For violation of the books and financial records provisions of this Franchise and the Ordinance: up to $150/day for each day the violation continues. 17 (6) For violation of other material provisions of this Franchise or the Ordinance: up to $1 50/day for each day the violation continues. XXI. COOPERATION, The parties recognize that it is within their mutual best interests for the cable television system to be operated as efficiently as possible in accordance with the requirements set forth in this Agreement. To achieve this, parties agree to cooperate with each other in accordance with the terms and provisions of this Franchise. Should either party believe that the other is not acting timely or reasonably within the confines of applicable regulations and procedures in responding to a request for action, that party shall notify the person or agents specified herein. The person or agent thus notified will use its best effort to facilitate the particular action requested. XXI!, WAIVER. The failure of the City at any time to require performance by Franchisee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof be taken to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself. XXlII. CUMULATIVE PROVISION, The rights and remedies reserved to the City by this Franchise are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the City may have with respect to the subject matter of this Franchise, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. XXIV. NO LIABILITY. Nothing herein shall be deemed to create civil liability by one party for the action, omissions or negligence of the other party, or of a party's agents, employees, officers or assigns. Each party shall be solely liable for claims against it by third parties, whether arising under the Cable Television Consumer Protection and Competition Act of 1992 or under any other provision of law. 18 XXV. NOTICES. All notices from TCl to the City pursuant to this Agreement shall be sent to the following address for the conduct of matters related to the Franchise. All notices to the City should be sent to: Cable Administrator, City of Iowa City, 410 East Washington Street, Iowa City, Iowa 52244. All notices to TCI shall be sent to these addresses: Cablevision VII, Inc., P.O. Box 4500, 546 Southgate Avenue, Iowa City, Iowa, (319) 351-3984; TCI of Iowa, Inc., 2199 Ingersoll Avenue, Des Moines, Iowa 50312, (515) 246-2288; TCI Southeast, Inc., 2204 Lakeshore Drive, Ste. 325, Birmingham, AL 35209-6732, (205) 871-0044. XXVl. CAPTIONS. Captions to sections throughout this Franchise are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. XXVII. NO JOINT VENTURE. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public, in any manner which would indicate any such relationship with the other. XXVlll. ENTIRE AGREEMENT. This Agreement and all attachments hereto, and the Ordinance and all attachments thereto, as incorporated herein, represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, supersede all prior oral negotiations between the parties, and can be amended, supplemented, modified, or changed only as provided in said Ordinance. XXVlX, SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement, except as provided for in the Ordinance. 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: CITY OF IOWA CITY, IOWA, a municipal corporation Witness CABLEVISION VII, INC. Thomas R. Barbstihl Vice President Seal Approved as to.;~rrp~nd ~orrectness. Ci{y Attorney ' 20 FRANCHISE APPENDICES App. A App. B App. C App. D App. E App. F App, G App. H App. I App. J App. K App. L App. M App. N App. O App. P p. 4, VIII.A. p. 5, VIII.E. p. 5, VIIhF. p. 5 VIIhG. p. 6, VIIhJ. p. 6, VIlI.K. p. 8, IX.A. p. 8, IX.B. p. 8, IX.B. p. 9, IX.E. p. 9, X.A. p. 9, X.B. p. 9, X.D, p. 10, XI.A, p. 12, XI.D. p. 16, XIII.B. System design specifications Drop technical parameters Delivery system equipment list Converter specifications Test equipment available to Iowa City within 24 hours Preventive maintenance program Design standards Franchisee's construction manual Permit and construction process Cutover process Programming dun~lg rebuild period Programming categories alter rebuild Free drop locations Position of access channels during and after rebuild Access publicity Business and repair hours 17 APPENDIX A General System Design Speaifications (550 MHZ) Distribution - End of Line (77 ch,) NCTA standard methods: Carrier/Noise 2rid order beats Triple order beats Cross modulation Tap outputs 54 MHZ Tap outputs 550 MHZ 49 51 51 51 8 db minimum 14 db minimum Fiber Link loutput as node): Carrier/Noise 2nd order heats 3rd order beats Cross modulation 51 58 63 63 Note: Performance shall not degrade by more than 2 db aS temperature extremes within the system. Note: These specifications may change based on technology changes as well as type of active electronics being used. APPENDIX B Drop Technical Parameters Times Fiber - 32360 V or its equivalent APPENDIX D Regal RR 92 or'its equivalent Converter Specifications e 4. 5. 6. 7. 8; 9. 10. APPENDIX E Test Equipment Tektronix Spectrum Analyzer Model #2710 (10KHZ - 1.8GHZ) Signal Analysis Meter - Wavetek 2000 capable of: A, Signal levels B, C/N ratios C, Num in % Trilithic Frequency Counter {TFC 450 MHZ) Wavetek Model #1067 Bench Sweep Tektronix Field Sweep System Model #2722/2721 Vitek Leakage Detector Model RDR-1 Comsonics Leakage Detector Sniffer II & IIl's Tektronix Model 1730 Waveform Monitor Tektronix Model 1503B TDR Cable Tester Signal Generator Model MC-50 APPENDIX F TCI of Eastern lows Leakage Monitoring Procedures The iowa city system is divided up into six leakage areas. Each area is assigned to one technician, One day every week is set aside for each technician to perform leakage monitoring and repair in their area. It is the technicJan's responsibility to make sure that his or her entire area is covered and all detected leaks repaired each quarter. APPENDIX G DESIGN STANDARDS EXCERPTED FROM THE IOWA CITY JOINT MUNICIPAL DESIGN STANDARDS PART 6 - UTILITY WORK AND OTHER CONSTRUCTION WITHIN PUBLIC RIGHT-OF-WAY 6. 01 PERMIT REQUIRED: A right-of-way construction permit is required to work within the public rights- of-way of Iowa City, Coralville and North Liberty. Permits may be obtained from the City Engineer in iowa City and Coralville and from the BuiJding Official in North Liberty. Permits for utility work must be obtained by the owner of the utility. A right-of-way construction permit is not required for sidewalk, driveway, or mail box construction. See Parts 2 and 3 for the construction of sidewalks and driveways and Section 6.03A for the construction of mailboxes. 6.02 TRAFF/C CONTROl.: The permittee is responsible for all traffic control and work site safety. Traffic control shall meet the standards for Work Zone Traffic Control as defined in the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. A traffic control plan may be required by the City Engineer. The permittee sha!l provide adequate lighted barricades and/or fencing to protect pedestrians. All excavations shall be fenced when the contractor is not at the site. There may be situations where the traffic Joad or site conditions will allow only a portion of the street to be closed at one time, On collector and arterial streets, contractors may be required to bore and jack to place a new utility beneath the street surface, 6. 03 MISCELLANEOUS CONSTRUCTION: Mail Boxes - The base of all mail boxes shall be a minimum of 18 inches from the edge of the pavement. Brick or other masonry support structures are not allowed. Contact the local post office for current regulations regarding the height and offset of the face of the box. ao Retaining Walls - Private retaining walls are not allowed within the public right- of-way without an agreement for temporary use of public right-of-way approved by the City Council. Monitoring Wells - Monitoring wells are allowed in the public right-of-way only when it can be shown that the wells cannot be located on private property. Monitoring welJs are subject to special permit conditions. 6.09 RESTORATION OF ASP!'IALT OVERLAY ON PORTLAND CEMENT CONCRETE STREETS: Construct a concrete base of the same thickness as was removed using M-3 mix. An IDOT type BT-3 joint shall be used to joint the base to existing concrete. Use 85 epoxy coated bars, 24 inches in length, spaced 30 inches on center drilled and grouted 9 inches into the existing slab. The concrete base shall be flush with the existing concrete. Tack and place 3/s-inch Type A asphalt and compact to the proper elevation. 6. 10 RESTORA T/ON OF PORTLAND CEMENT CONCRETE STREETS: Concrete shall be removed to the nearest longitudinal joint and a minimum of half the panel between transverse joints. Only full or half panels may be removed. Full panels must be removed if the portion to remain is cracked or settled. B. Concrete shall be sawn to insure a clean break at the joints. An IDOT type BT-3 joint shall be used to joint to existing concrete. Use //5 epoxy coated bars, 24 inches in length, spaced 30 inches on center drilled and grouted 9 inches into the existing slab. Place new concrete of the same thickness as was removed using IDOT M-3 mix. E. All joints shall be sawn and sealed according to IDOT detail RH-51. 6. 11 OTHER SURFACES: All areas outside the paving which are disturbed shall be restored to their original condition. When approved by the governing authority, unimproved streets (rock or rock and oil, seal coated streets, or aspbaltic concrete surfaced streets) may be repaired or restored with Bituminous Seal Coat consisting of one or more applications of Binder Bitumen with one or more successive applications of cover aggregate. Materials, Equipment and Construction methods shall be in general conformity with Section 2307 of the current Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction. 6. 12 MAINTENANCE: Seeding or sodding of disturbed areas shall be maintained until watering is no longer required for self-sustaining growth. The owner of the utility will be responsible for repair or maintenance of settled areas within the right-of-way and pavement repairs for a period of five years from the date the work is completed. 6.04 CLEAR ZONES: On streets with curbs, the clear zone shall be 10' for four-lane facilities and 3' for two-lane facilities. On streets without curbs, the clear zone shall be 10' for two-lane and four-lane facilities. Variances to clear zone requirements will be considered for overhead electrical facilities where compliance will significantly impact existing trees. In no case will a clear zone of less than 18 inches be allowed. A clear zone variance must be approved by the City Engineer. 6.05 EXCAVATION AND BACKFILL: Within public right-of-way, backfill shall consist of Class A crushed stone or suitable job excavated material placed in one foot lifts compacted to 90% Modified Proctor Density. If crushed stone is used, the top 12 inches of backfill shall consist of suitable job excavated materials. Flowable mortar may be used upon approval of mix design by the City Engineer. Sand backfill is not permitted; however, sand may be used as utility bedding. In all other areas backfill shall consist of suitable job excavated material placed in one foot lifts and compacted to 85% Modified Proctor Density. 6.06 WORK AROUND TREES: A. Use care to prevent work within the drip line of trees. When work falls within the drip line of trees, contact the City Engineer or City Forester. 6. 07 RESTORATION OF BRICK STREET SURFACE: A. Use care to salvage bricks during excavation. Construct a 7 inch thick base of IDOT M-3 concrete. Allow enough depth for installation of brick on a sand cushion. Brick shall be placed on a sand cushion making sure the pattern and elevation match the surrounding street. A 50% sand and 50% Portland cement mixture shell be swept into the brick joints and fogged with a mist of water to insure seating of the brick. 6. 08 RESTORA T/ON OF ASPHAL T 0 VERLA Y ON BRICK STREETS: Construct a 7 inch thick base of IDOT M-3 concrete flush with the top of the surrounding bricks. Tack and place %-inch IDOT Type A mix asphalt and compact to the proper elevation. APPENDIX H Franchisee's construction manual is on file with the City Clerk. City of Iowa City MEMORANDUM APPENDIX I DATE: January 17, 1995 TO: Drew Shaffer FROM: Rick Fosse RE: Cable Franchise Please note my comments at the bottom of page 7 of the proposed franchise. A copy of the applicable ~ortlon of the design standards are attached for your reference. $1nce the design standards have not yet been approved by Council, I recommend that they be incorporated into an appendix of the franchise to prevent any problems ;2elated to the timing of Council approval of the design standards verses approval of tl~e franchise. I do not expect a problem getting Council approval of this portion of the design standards since it merely forrealizes existing practice. Also attached is a copy of the Right-of-way construction permit as you have requested. A $1,000 deposit will be required to cover all locations of the proposed work. However, if it becomes necessary to use a portion of the deposit for restoration or cleaning of public right-of-way, no additional work may occur until the full amount of the deposit is restored. Two thirds of the deposit will be refunded upon completion of the work aud the remaining third will be refunded afCer one year provided all restoration has remained in satisfactory conditiou. The time required for review of a right-of-way construction permit is specified in the proposed franchise and is acceptable to us. Kevin. O'Malley should be consulted re~arding insurance requzrements for the permits. Kevin will need a general description of the tYpe and scope of work ~o be performed prior ~0 specifying limits. If you have questions regarding any of tl~is information, please call me at 5143. cc: Chuck Schmadeke Kevin 0'Mal ley APPENDIX ! RealTY OF IOWA CITy. IOWA C:OI'~S'T'RUC'TION F~F:RI~S.T. OATE A00RESS PURPOSE AND LOCATZON OF HORK O£POS~T ON FZLE AHOUNT OF SPECZAL 0EPOSZT ZNSUR~CE CERTZFZCATE ON FZLE 005528 SKETCH OF JOB LAYOUT: Ap~or'oved for' cons:rucl:Jon by:. SPECZAL PROVISZONS: ~) Ca1] for underground utfl~ty locates One Call #: 2"8~0o292-8989 2) Trafffc control standard must meet specfffcattons fn ~ork Zone Traffic Control ~ 1988 Edt:ton" manual. THIS SECTION FOR STREET DEPT. PATCH REPLACEHENT TO BE CHARGED AGAZNST DEPOSZT. Type of Surface ~ $~ / $q.yd. - 8ack~t)~ Haterials. - ~ $ .,__ / sq.yd. ~ Tote! A~unC billed ~ Dace $Ca~ed - Oace Finished FOR CASH DEPOSITS ONLY 0~:a of Final In~pacClon Cornmen Cs: ~nlgactor. ...... Canary - Engineering Oace 2/3 dipelto returned OatE final I/3 depollc reCuened APPENDIX J The upgrade/rebuild will involve installing and activating fiber optics cable while the coaxial cable is still activated and in opsration. There will be a series of fiber nodes designed for the upgrade/rebuild. As each noble is installed and completed, it will be activated. The activation of one node will not interfere with or interrupt the completion of a separate node. In the event the Company is confrontad with the loss of signal of more than one street at a time, ~he Company will make every effort possible to complete the work during minimal viewing, such as 12:00 a.m. to 6:00 a.m. or at the time recommended by the City. APPENDIX K Programming During Rebuild* Public Access KGAN Government Channel HBO The Disney Channel KWWL University of Iowa Channel KCRG Library Channel Iowa City School's Channel KOCR KIlN Cinemax The Family Channel Lifetime C-SPAN Univision fX The Weather Channel C N BC/Sportschannel AMC Encore USA CNN The Discovery Channel CNN Headline News TNN WGN WTBS TNT ESPN V H- 1/Comedy Channel A&E BET/Bravo Nickelodeon MTV Request 1 *Franchtsee reserves the righe to alter, ohange or modify programming at any time subject to federal law. APPENDIX L Programming Categories After Rebuild Needs and interests of population of Iowa City as indicated by Cable Administrator records and Consumer Market Study by Rice, Williams New Programming Science fiction programming Religious programming Cartoon programming Senate programming Secondary and adult learning programming Travel programming Higher educational programming Court programming Pay programming International programming Disability-related programming Quad City broadcast programming Children's programming News programming Current Programming to become full-time Comedy programming Music programming Sports programming Black entertainment programming Arts programming f APPENDIX M Iowa City School Sites Community Education Center City High Coralville Central Elementary Hoover Elementary Horn Elementary Kirkwood Elementary Letoroe Elementary Lincoln Elementary Longfellow Elementary Lucas Elementary Mann Elementary Northwest Jr. High Roosevelt Elementary Shimek Elementary Southeast Jr. High Twain Elementary West High School Grant Wood Elementary Irving Weber School Free Drops Other Schools Regina Elementary Regina High School $ Willowwind School Kirkwood Community College Public Buildings Civic Center Senior Center Recreation Center Library Fire Stations 1, 2, 3 Broadway St. Neighborhood Center Pheasant Ridge Neighborhood Center Other Sites Future neighborhood centers Future access organization(s) sites APPENDIX N Access Channel Positions During and After Rebuild PATV Government Channel University of Iowa Library ECC Channel 2 Channel 4 Channel 8 Channel 10 Channel 1 1 APPENDIX 0 The Company agrees to insert into subscriber handbooks, information about local access channels. The cost of printing, etc. of this information shall be the sole responsibility of the access programming provider (government, education, public). The Company reserves the right to approve content. The Company agrees to allow billing messages or bill stuffers to be included in subscribers' bills at the rate on one per year subject to approval of content by the Company, availability and adequate advance notice. The cost of printing and insertion shall be the responsibility of the access programming providers (government, education, public), APPENDIX P Business Hours: Service Hours: Business and Repair Hours 8 AM o 6 PM Monday-Friday 9 AM - 5 PM Saturday 8 AM - 5 PM Monday- Saturday On-call - 24 hours per day, seven days a week TCI of Eastern Iowa We're taking televts~on into tomorrow. November 28, 1995 City Council Members City of Iowa City 410 East Washington Street Iowa City IA 52240 Dear City Council Members: This letter will serve as Cablevision VII, Inc., ("TCI of Eastern Iowa") commament to provide the following upon execution of our Franchise Agreement ("Agreement"): Within 30 days after the effective date of the Agreement, the Grantee will provide the City two hundred thousand dollars ($200,000.00) in settlement of any and all claims under the Broadband Telecommunications Franchise Enabling Ordinance passed and adopted August 22, 1978, ("Ordinance No. 78-2917"). Upon receipt, the City agrees to release TCI of Eastern Iowa, its parents, subsidiaries, affiliates, employees and officers from all further claims, demands or causes of action arising out of or related to Ordinance No. 78-2917. Further, the City acknowledges that TCI of Eastern Iowa does not, by making the above-mentioned payment, admit any liability whatsoever to any person or entity, including the City, by reason of such claim, and that said payment is offered and accepted as a complete settlement and compromise of all claims under Ordinance No. 78-2917 which are or could be asserted by the City. In addition, TCI of Eastern Iowa agrees to continue throughout the term of the Agreement, the eight percent (8%) Otiscount on basic and expanded tier currently offered to senior citizens for cable service. Sincerely, TCI OF EASTERN IOWA William Blough General Manager 546 Souregale Avenue Post Office Box 4500 IZ~p 52244-45001 Iowa C~ly. Iowa 52240.4453 (319) 351-3984 PAX (319) 35~ 3839 An Equal O~Otlundy EmplOyer