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HomeMy WebLinkAbout1995-12-19 Resolution Council Member ?igott introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Res. No. 95-357 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $6,200,000, as authorized by Section 384.25, of the City Code oflowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- 3750 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TtIE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 o'clockP..M., on the 19th day of December , 1995, for the purpose of taking action on the matter of the issuance of $6,200,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of improvements and extensions to the Municipal Waterworks Plant and System. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF TH~ COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $6,200,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the /d .dayof ~/- ,1996',at 7:,~9 o'clock __~.M., in the Council Chambers, C~ic Center, ~t10 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $6,200,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of improvements and extensions to the Municipal Waterworks Plant and System. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 22rid dayof December , 1995. City'Cqerk of Iowa City, Iowa (End of Notice) -4- PASSED AND APPROVI~.D this 19th day of.. December ,1995. ATTEST: Ma~or "- PGOODRICI71801 -5- Council Member ?:tgor t introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Throgmorton seconded the motion to adopt. The roll was called and the vote was, AYES: Kubb¥, Lehman, Novick, Pigott, Throgmorton, Baker, Horowitz NAYS: None Res. No. 95-358 Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $28,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessmy to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the t/me and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- 3751 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at ?.. 3o o'clock ~__..M., on the. !.gth day of December , 1995, for the purpose of taking action on the matter of the issuance of $28,000,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, extension, improvement and equipping of the Municipal Sanitary Sewer Utility Plant and System. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $28,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the /.~. dayof ~ ,199~, at 7: .ff~ o'clock/9.M., in the Conllcll Chambers, Citric Cente ,r;g410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $28,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, extension, improvement and equipping of the Municipal Sanitary Sewer Utility Plant and System. At the above meeting the Council shall receive oral or written objections fi'om any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code oflowa. Dated this 22nd day of December , 1995. (End of Notice) PASSED AND APPROVED this ~ ~, day of nPo,,o~,~,. .1995. ATTEST: PGOODRICI?1801 -5- RESOLUTION NO. 95-359 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHLANDER AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 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 16th day of January, 1996, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named 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 19th day of December , 1995. CITY"CLERK pp by dt~/Attorney s Office It was moved by Pigotr and seconded by adopted, and upon roll call there were: ThroAmorton AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be RESOLUTION NO. 95-360 RESOLUTION ESTABLISHING FREQUENCY OF IVIAINTENANCE INSPECTIONS WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple dwellings, fraternity/sorority houses, rooming houses, duplexes, and single-family rental dwellings; and WHEREAS, the Inspection Division is hereby authorized to administer and enforce the provisions of the housing code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units structures, and premises located within the city, in order that he/she may perform his/her duty of safeguarding the health, safety, and welfare of the occupants of dwellings and of the general public under the provisions of the housing code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Inspections of the provisions of Section 14-5E-19 of the housing code shall be conducted upon request, on a complaint basis, and/or through a program of regular rental inspections as determined by the Citv Council but shall not be conducted more frequently than yearly nor less frequently than as follows: Multiple dwelling units ................................ [Including condominiums and cooperatives in which one or more rental units are located] Rooming houses .................................... Duplexes .......................................... (Including condominiums and cooperatives in which one or more rental units are located] Single-family rental dwellings ........................... Every 2 years Every 2 years Every 3 years Every 3 years Passed and approved this 19th A T T E S T:/~.4.¢~.-.~.~ CI'~ CLERK day of Dec.(=mhpr , 1995. C~.ty Attorney~ utnce 75 Re.olutlon No. 95-360 Page 2 It was moved by P~?.ntr and seconded by adopted, and upon roll. call there were: Throgmorton the Resolution be . AYES: NAYS: ABSENT: X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton RESOLUTION NO. 95-361 RESOLUTION ADOPTING AMENDMENTS TO ;OWA CITY'S CONSOLIDATED PLAN, KNOWN AS CITY STEPS, FOR FY1996-FY2000. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan that is part of CITY STEPS to plan for the coordinated use of federal, state, and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has held a public meeting on the priorities, strategies and goals of the plan; and WHEREAS, the City has disseminated information, received public input and held one public hearings on the amendments attached herein as Exhibit A; and WHEREAS, the Annual Action Plan addresses the City's goals for housing, jobs, and services; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the amendments to the Consolidated Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Consolidated Plan for FY1996-FY2000, as amended, filed in the office of the City Clerk, be and the same is hereby approved and adopted. Passed and approved this 19th day of December , 1995, It was moved by ?±~,ott and seconded by Thro.}~mc~-ron the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ppdcdbg'[actlonpl (es EXHIBIT A Amendments to Iowa City Consolidated Plan FY1996-2000: The five-year goal for Economic Development activities is raised from $250,000 to $482,631 and the Unprogrammed Funds/Contingency Category decreased from $630,734 to $398,103 dollars. A "high" priority ranking for housing for households below 30% median income, and the "medium" priority ranking for households between 31% and 80% median income is retained, but emphasis on the importance of having a mix of incomes and, where possible, a mix of renters and owners, in affordable housing developments is added. o Greater emphasis is placed on providing support services to households that need them. Efforts will be made to increase involvement of Neighborhood Associations in planning for affordable housing in existing neighborhoods. FY97 Community Development Block Grant (CDBG) and HOME funds will be allocated approximately in proportion to the five-year goals shown in the plan. : RESOLUTION NO. 95-362 RESOLUTION ADOPTING THE CITY OF IOWA CITY COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY {CHAS) ANNUAL PERFORMANCE REPORT FOR FISCAL YEAR t995, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the 1992 National Affordable Housing Act requires the City of Iowa City, Iowa, to prepare an annual performance report assessing its performance under the Comprehensive Housing Affordability Strategy (CHAS) Plan for the previous fiscal year; and WHEREAS, the City has prepared the City of Iowa City CHAS Annual Performance Report for Fiscal Year 1995 (hereinafter "the Performance Report"); and WHEREAS, the Performance Report assesses the City's performance in achieving its goals for affordable and supportive housing under the CHAS Annual Plan for Fiscal Year 1995; and WHEREAS, the City provided residents of the community with opportunities to comment on the proposed Performance Report; and WHEREAS, adoption of the Performance Report will maintain Iowa City's eligibility for affordable housing projects administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the adoption of the Performance Report and its submission to the U.S. Department of Housing and Urban Development will serve the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: The City of Iowa City Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal Year 1995, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager is hereby designated the Chief Executive Officer authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal Year 1995. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Comprehensive Housing Affordability Strategy Annual Performance Report for Fiscal Year 1995 to the U.S. Department of Housing and Urban Development pursuant to the 1992 National Affordable Housing Act. Resolution No. 95-362 Page 2 Passed and approved this 19th day of December , 1995. A'I-i'EST: ,/~.~.) ~ ClT"FCLERK tt was moved by Pigott and seconded by be adopted, and upon roll call there were: AYES: NAYS: x x x _X x x Approved by tt 0 r n e y 's;O~ ce/~.~;;~&.-- Thromaor ton the Resolution ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton chasupdt.93~chasreso RESOLUTION NO. 95-363 RESOLUTION AUTHORIZING THE MAYOR TO SIGN ANBTHE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 1213 FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on July 15, 199% the property owner of 1213 First Avenue executed a Life Lien no interest loan in the amount of $2,680, which was amended on December 5, 1995 to the amount of $2,415 through the City's Housing Rehabilitation Program; and WHEREAS, said Note created a lien against the subject property; and WHEREAS, the property owner paid off the note of $2,415 on December 1, 1995. 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 1213 First Avenue, Iowa City, Iowa, from an obligation of the property owner to pay to the City the $2,415 which was recorded in Book 1257, Page 157, and Book 2005, Page 63 of the Johnson County Recorder's Office. Passed and approved this 19th day of A rES :C It was moved by Pl~ott and seconded by adopted, and upon roll call there were: December , 1995. MAYOR Approved by ~ Attorney's Office / Throgmorton the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Horowitz Kubby Lehman Novick Pigott Thregmorton ppd rehab\12131 st. res RELEASE OF LIEN The City of Iowa City does hereby release the property at 1213 First Avenue, Iowa City, Iowa, · legally described as follows: Lot 2 in Block 9 in East Iowa City, Johnson County, Iowa, according to the record- ed plat thereof, from an obligation of the property owner to the City of Iowa City in the principal amount of $2,680 represented by a no interest Life Lien recorded on July 22, 1991, in Book 1257, Page 157, and the amended amount of $2,415 recorded on December 5, 1995, in Book 2005, Page 63, in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full, from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by ~ Attorney's Office ' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (?4'/t day of , A.D. 19 'z.5' , before me, the under- signed, 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 in Resolution No. ~5~, adopted by the City Council on the (9 day ~ ..... .~c:~,~J~,.-- , 19 ~'~ 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 of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa RESOLUTION NO. 95-364 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND OCEANMARK BANK, FSB, NORTH MIAMI BEACH, FLORIDA FOR PROPERTY LOCATED AT 841 7TH AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Ten-Year Depreciating Lien, a Life Lien, and a Promissory Note and Mortgage executed by the owner of 841 7th Avenue on June 7, 1989, recorded October 25, 1994, in Book 1828, Pages 101 thou 102, and on June 2, 1993, recorded July 29, 1993, in Book 1589 Page 241, and on September 11, 1995, recorded September 13, 1995, recorded in Book 1967, Pages 284 thou 295 in the Johnson County Recorder's Office covering the following described real estate: Lot 12, Block 1 3, Rundell, Johnson County, Iowa, according to the recorded plat thereof, and WHEREAS, said Ten Year Depreciating Lien is a lien in the amount of $8,500 against the subject property of which $5,100 has been forgiven, and WHEREAS, said Life Lien is a lien in the amount of $7,708 against the subject property, and WHEREAS, said Promissory Note and Mortgage are liens in the amount of $1,650 against the subject property, and WHEREAS, Oceanmark Bank, FSB, North Miami Beach, Florida, will make a loan for the sum of $50,000 on a promissory note that will be executed by the owner of 841 7th Avenue covering the real estate described above, and WHEREAS, Oceanmark Bank, FSB has requested that the City execute the attached subordination agreement, thereby making said rehabilitation liens held by the City subordinate to the lien of said mortgage by Oceanmark Bank, FSB, 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 Oceanmark Bank, FSB, North Miami Beach, Florida. Resolution No. 95-364 Page 2 Passed and approved this 19th day of December , 1995. It was moved by pig-it and seconded by Throgmorton adopted, and upon roll call there were: A/~ed by,~~~ the Resolution be AYES: NAYS: ABSENT: X x x X x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton 3-2/06/159=; 13:42 319338§150 EXCEL N~RTGAGE ;INS PAGE !~UBORDl~ATION ~GFIEEMEN~' THIS AGREEMENT'Is made by and between the City of IOwa City, herein the City, end Oceanmqrk Bnnl~, ~c;~, .. O~ North M~amt Rp~.~ hereta the Flnand~l Institution. WHEREAS, the City ls the owner and holder of s ee~tain rehabilitation Io~ which at tills time Is in We amount o! $ _ and was executed by ...... ........... (her~ln the Owner), dated 19...._, recorded , lB, , In a~Ok , Page ~ Johnson County ReCorder'e Office. covering the following-rice.bed real propa~y: Lot 12, In Block 13 in Rundell, Johnson County, Iowa, according to the recorded plat ~hereof; WHEREAS, the.Financial Instilutica proposes to loan the sum of $ 50,000.00 on a promlssoq/note to be executed by the Financial institution end the Owner, securing a ~'nortgage covering the real prope~l~ described above; and WHEREAS, to induce the Financial Institution to make such loan, It Is neceSSary that the reh~lllration loan ne~d by the City be subordinated tO We lien of the mortgage 13ropesad to be made by the Financial li3stltution, NOW, THEREFORE, in consideration of the mutuel covenants and promises of the palles hereto, the parties agree as follows: Subordination, Tl~e City hereby covenants and agrees with the Rrlanclal Institution that the above noted rehabilitation loan held by the Cityis and shoji continue to be subject and subordinate to the lien ot the mortgage about to be made by trio Financial Institution. ConSideration. The City acknowledges receipt from the Flnan¢lltl Institution of One Hur~drad and Filly Dollam ($150.00) ~,nd other good and v~tluable consideration tot Ils act ot Subordl.atlon herein. ..~enlor Mortgage. The mortgage In favor of the Financial Institution 18 IlStOby . acknowledged as a fien superior to ~e mha13111taUon loan ef the City, WHEREAS, the t~t~ Is the ovmer and holder of a certain rehSJ311itati0n loan which at ~ls time Is In the amount o! $ and was executed by .--.-.=..,,- .... .......... (herein the Owner), dated 19...._, rec~rded , 19..._.., In la~x)k , Page ___.., Johnson County Recorder's Office, covering the tollowlng-de~rlbed real propa..ty: Lot 12, In Block 13 in Rundell, Johnson County, Iowa, according to the recorded pla~ WHEREAS. the-Flnanolal Institution proposes tO loan the sum of $ 50,000.oo on a promissory note to be executed by ~a FlnanolaJ Institution anti the Owner, seeurtnge ~nortgage covering the ~eal proper~ described above; and WHEREAS. l0 induce the Financial Ins~tutlon to make such loan, It Is necessary that ~e rehabilitation ~oan held by the City be subordinated to the lien of the mortgage gropeseel to be made by the F,nancial Irlstltutlon, NOW, THEREFORE, In consideration of the mutual ~venants and promlees of the ~arUes Ilarere the parties agree as follows: ' Subordination. Ttle City hereby covenants and agrees with ff~e Rnanclm InStitution that the a~ove noted rehabilitation loan held by the City is and sha~l continue to be .?,ubJoct and subordinate to the lien of the mortgage about to be made by the Finenolo! Institution. cen~ildemtlon. The City acknowledges receipt from the Financial Instllutlon of One Hundred a. nd Fifty Dollars ($150,00) and other good and voluble consideration tot Its Subordination herein. e Senior Mortgage. The mortgage In favor of the Financial Insthutlon 18 I~eteby acknowledged as a lien superior tO the rehabilitation loan of the City. 12/B6/1~95 13:42 31933851~0 EXCEL HCRTGAGE INC PAE~ 03 SUBORDINATION AGREEMENT Page Binding Efteat. This agreement shall be binding upon and inure to the benefit of the respective helm, legal representatives, successors, and assigns of the patios here~. Dated this 6 th day of December CITY OF IOWA CITY Atleet: ,19 q%, .~ANCIAL INSTITUTION By Ridhard '.Katz J Pre~idea~ CITY'S ACKNOWLEI~GEMENT STATE OF IOWA ) ) 4OHNSON COUNTY ) On this. /'~ ~ _ day of . 0~_¢~',~]~,,- ,19g~ ~fom me, the un~m~ned, a Nota~ Publ10 I~ ~d ~or the State of Iowa, p~onally ~ear~. 5~ ~. ~o,~,+ ~ and ~fian K. Kerr. to me pemonally known, ~d, who, ~Ing ~ ~ duly ~om, d~ say ~at they are the Mayor and CI~ Cle~, res~c~ly, of ~e CIN of Iowa Cl~, Iowa; ~at the seal a~xed to the forgoing ins~ument Is the co~mte seal of ~e co~maon, ~ that ~e ins~mentw~ signed ano seale~ on belief of ~e ~ora~on, by autho,~ of I~ Cl~ Coun~l, as c0ntalned In (~) (Resolution) No. ~- .sG+ . passed (ffis Reaol~on adopted) ~ ~e Ci~ C~un~l, under Roll Call NO. .~e~b~ , ~ ~ __~ day o' _ 19~dthat ~5~,. ~. ~o~.,~;~ ~dMa~an K. K~r scknowle~ the execution e~ the Instrument ~ ~ ~eit volunta~ act and ~ and the volunta~ act and d8~ of ~e co~on, by It voluntarily execute. Notmy Public In end for the State o~ Iowa STATE OF Florida ) )SS: Dade COUNTY ) On this (O day of un~m'Slrlned,-a Not~ary PL~I~'I;3 .J~J~. [.~ ~_ .~.,_<j_~ c and ~'~.. ~'~'" , A.D. 19 9[~' , before too, the In and _for Urn., State Of FIoridapersoneJly appearart ~.~C4c(ffi~_ 'F//./~E'?-. , to me personally knav.~, wh~) 12/B$/1995 13:42 91933851G0 EXCEL HORTGAGE INC PAGE 84 SUBORDINATION AGREEMENT P~e3 being by/~ duly SWOrn, did say that they ere the ~.~/~3 CI~ arid II~ ~-S)t D ~ , respeotlvely, of said Corporation axeouting t~e within and foregoing Instrument to which this Is attached, that said Instrument was slgnad and sealad on bahall sa~d co~or~tlon by authority oI. Its Board of DJrec. tors~and that the said /~- C~ ~j~-.- and ~C~ E.~-fS'~.~ IC .~'/J'T'~ as such ofl1-~m acknowladgad the execution of said Instrument to be the volunta~J act and dead of s~ld ~oq~oratlon, by It and by NOtmy Publlo In and for the State of RESOLUTION NO. 95-365 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SHARED ACCESS EASEMENT AGREEMENT AND A PERPETUAL PARKING EASEMENT AGREEMENT FOR 820 AND 824 E. BURLINGTON STREET WHEREAS, James and Sara Hanson are owners of two contiguous properties located in Iowa City, Johnson County, Iowa, with addresses of 820 E. Burlington Street, Iowa City, Iowa, and 824 E. Burlington Street, Iowa City, Iowa; and WHEREAS, the Hahsons propose to construct residential rental dwellings on each of the above properties, and, pursuant to the Iowa City City Code, have submitted a Site Plan depicting said improvements; and WHEREAS, according to the Site Plan, a shared access is required between each of the properties; and WHEREAS, according to the Site Plan, an additional parking space for 824 E. Burlington Street, Iowa City, iowa, is required and such a space is available at 820 E. Burlington Street, Iowa City, Iowa; and WHEREAS, City Staff has recommended approval of said Site Plan provided the above requirements are addressed; and WHEREAS. Hahsons and City desire to enter into a Shared Access Easement Agreement for the provision of the required common access and also desire to enter into a Perpetual Parking Easement Agreement to provide the off-street parking required for 824 E. Burlington Street upon the premises of 820 E. Burlington Street in order to facilitate the construction of the improvements proposed by Hansons under the Site Plan; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Shared Access Easement Agreement and the Perpetual Parking Easement Agreement for 820 and 824 E. Burlington Street, Iowa City, Iowa, which are attached hereto as Exhibits "A" and "B" and incorporated herein by this reference, upon direction by the City Attorney. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation and to record the same in the Johnson County Recorder's Office together with the attached Exhibits "A" and "B", said recording costs to be paid by James and Sara Hanson. Resolution No. 95-365 Page 2 It was moved by Pi~ott and seconded by be adopted, and upon roll call thero were: Thro~morton AYES: NAYS: ABSENT: X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution Passed and approved this 19th day of December , 1995 Approved by ATTEST: CI CL~~RK ~ EXHIBIT A SHARED ACCESS EASElS/lENT AGREEIVIENT +~. THIS AGREEMENT is made this I~ day of ~[~c~-r~,x,'- , 1995, by and . between James R. Hanson and Sara A. Hanson, husband and wife, hereinafter referred to as "Hansohs," and the City of Iowa City, Iowa, hereinafter referred to as "City." WHEREAS, Hansohs are owners of two contiguous properties located in Iowa City, Johnson County, Iowa, with addresses of 820 E. Burlington Street, Iowa City, Iowa, and 824 E. Burlington Street, Iowa City, Iowa; and WHEREAS, the legal description for 820 E. Burlington Street, iowa City, Johnson County, iowa, is as follows: The East 35 feet of Lot 6 and the West 30 feet of Lot 7, Block 1, in Iowa City, Iowa, according to the recorded plat thereof; and WHEREAS, the legal description for 824 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: Beginning at the southeast corner of Lot 7 in Block 1, in Iowa City, Iowa, according to the recorded plat thereof, thence north 150 feet, thence west 50 feet, thence south 150feet, thence east 50 feet to the place of beginning; and WHEREAS, the Hahsons propose to construct residential rental dwellings on each of the above-described properties as shown in the Site Plan attached hereto, marked Exhibit "A", and by this reference made a part hereof; and WHEREAS, the construction of the improvements as proposed in the Site Plan attached as Exhibit "A" require a 22-foot wide common access easement to provide access to both properties; and WHEREAS, Hansohs and City desire to enter into a common access easement agreement for the provision of access to both properties in order to facilitate the construction of the improvements proposed by Hansohs under the Site Plan attached hereto as Exhibit "A". NOW, INTENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual covenants set forth herein, the parties agree as follows: Hansohs are owners of two contiguous properties located in Iowa City, Johnson County, Iowa, with addresses of 820 E. Burlington Street, Iowa City, Iowa, and 824 E. Burlington Street, Iowa City, Iowa. The legal description for 820 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: The East 35 feet of Lot 6 and the West 30 feet of Lot 7, Block 1, in Iowa City, iowa, according to the recorded plat thereof. 2 The legal description for 824 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows:. Beginning at the southeast corner of Lot 7 in Block 1, in Iowa City, Iowa, according to the recorded plat thereof, thence north 1 50 feet, thence west 50 feet, thence south 150 feet, thence east 50 feet to the place of beginning. Hansohs, as owners of such real estate known as 820 E. Burlington Street and 824 Burlington Street, Iowa City, Iowa, hereby grant to themselves and future owners, assigns and title holders of such real estate a perpetual 22 foot wide shared access easement as shown in the Site Plan attached hereto as Exhibit "A", for the purposes of egress and ingress to, over, and across the properties known as 820 E. Burlington Street and 824 E. Burlington Street, Iowa City, Iowa. Hansohs and City acknowledge that the purpose of this agreement is to provide access to both 820 E. Burlington Street and 824 E. Burlington Street in order to facilitate the construction of the improvements proposed by Hansohs under the Site Plan attached as Exhibit "A". Upon execution of this agreement, City agrees to approve the proposed construction, provided all other City requirements are met. Hansons agree that installation of the driveway constituting common access to both of the herein-described properties shall be in accordance with City specifications and at their expense and that thereafter, repair and maintenance of the 22-foot wide common access shall be shared equally by each of the owners of the above-described properties, their heirs, successors in interest, and assigns, and this obligation for repairs and maintenance shall be a covenant to run with the land and with title to the land. Upon a substantial change ~n the use of the above-described property or a substantial change in the circumstances under which this agreement was entered, this shared access easement and the provisions hereof may be released by appropriate mutual agreement among the owners of the two properties involved and City, duly executed, acknowledged, and recorded in the office of the Recorder of Johnson County, Iowa. Hansohs do hereby covenant with C~ty that they are lawfully seized and possessed of the subject real estate as described above, and that they have lawful right to convey said real estate or any part thereof, including the subject easement. This shared access easement and the provisions hereof shall run with the land and with title to the land, be perpetual, and shall inure to the benefit of and be binding upon the parties hereto and upon their heirs, successors in interest, and assigns. Should the Hansohs convey title to either one of the subject properties, this Easement Agreement shall be binding upon such subsequent grantee. Upon final execution, this agreement shall be recorded in the Office of the Johnson County Recorder at Hansohs' expense. 3 ~rames R. Hanson Sara A. Hanson Approved by CITY OF IOWA CITY, IOWA Eusan M, Horo 'tz, Mayor ATTEST: ~<~~, ~ Mari~'n K. Karr, City Clerk City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onth,s ..y of . be,ore me.a No,ary Pub,c,n for said state and county, personally appeared James R. Hanson and Sara A. Hanson, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. L~I ~J ~Jq~ J STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /~t_ day of ..~,~n~.~,- , 1995, before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 this 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, and that Susan M. Horowitz and Marian K. Karr acknowledged 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 said State and County EX}tIBIT B PERPETUAL PARKING EASEN1ENT AGREEMENT THIS AGREEMENT is made this /~'/~' day of __'-.-~-c~,~r' , 1995, by and between James R. Hanson and Sara A. Hanson, husband and wife, hereinafter referred to as "Hansohs," and the City of Iowa City, Iowa, hereinafter referred to as "City." WHEREAS, Hansons are owners of two contiguous properties located in Iowa City, Johnson County, Iowa, with addresses of 820 E. Burlington Street, Iowa City, Iowa, and 824 E. Burlington Street, Iowa City, Iowa; and WHEREAS, the legal description for 820 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: The East 35 feet of Lot 6 and the West 30 feet of Lot 7, Block 1, in Iowa City, Iowa, according to the recorded plat thereof; and WHEREAS, the legal description for 824 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: Beginning at the southeast corner of Lot 7 in Block 1, in Iowa City, Iowa, according to the recorded plat thereof, thence north 150 feet, thence west 50 feet, thence south 150 feet, thence east 50 feet to the place of beginning; and WHEREAS, the Hansohs propose to construct residential rental dwellings on each of the above-described properties as shown in the Site Plan attached hereto, marked Exhibit "A", and by this reference made a part hereof; and WHEREAS, according to the Site Plan attached as Exhibit "A", an additional parking space for 824 E. Burlington Street, Iowa City, Iowa, is required and such a space is available at 820 E. Burlington Street, Iowa City, Iowa; and WHEREAS, Hahsons and City desire to enter into this Perpetual Parking Easement Agreement to provide the off-street parking required for 824 E. Burlington Street upon the premises of 820 E. Burlington Street in order to facilitate the construction of the improve- ments proposed by Hansohs under the Site Plan attached as Exhibit "A". NOW, INTENDING TO BE LEGALLY BOUND HEREBY, and in consideration of the mutual covenants set forth herein, the parties agree as follows: Hansohs are owners of two contiguous properties located in Iowa City, Johnson County, Iowa, with addresses of 820 E. Burlington Street, Iowa City, Iowa, and 824 E. Burlington Street, Iowa City, Iowa. The legal description for 820 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: The East 35 feet of Lot 6 and the West 30 feet of Lot 7, Block 1, in Iowa City, Iowa, according to the recorded plat thereof. 2 The legal description for 824 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: Beginning at the southeast corner of Lot 7 in Block 1, in Iowa City, Iowa, according to the recorded plat thereof, thence north 150 feet, thence west 50 feet, thence south 150 feet, thence east 50 feet to the place of beginning. Hansohs, as owners of such real estate known as 820 E. Burlington Street, Iowa City, Iowa, hereby grant to themselves and future owners, assigns and title holders of such real estate known as 824 E. Burlington Street, Iowa City, Iowa, a perpetual parking easement for one parking space on such real estate known as 820 E. Burlington Street, Iowa City, Iowa, for the purposes of parking. Said parking space shall meet the minimum dimensional requirements for a full-sized parking space under the Iowa City City Code. The future owners, assigns and title holders of such real estate known as 824 E. Burlington Street, Iowa City, Iowa shall have the right of ingress and egress to the perpetual parking easement area by such route as shall occasion the least practical damage and inconvenience to the owners, assigns and title holders of such real estate known as 820 E. Burlington Street, Iowa City, Iowa. Hahsons and City acknowledge that the purpose of this agreement is to provide the off-street parking required for 824 E. Burlington Street upon the premises of 820 E. Burlington Street in order to facilitate the construction of the improvements proposed by Hahsons under the Site Plan attached as Exhibit "A". Upon execution of this agreement, City agrees to approve the proposed construction, provided all other City requirements are met. Hansons agree that installation, repair, and maintenance of the one parking space to be utilized by the owners of 824 E. Burlington Street, Iowa City, Iowa, shall be at the expense and the responsibility of the owner of 820 E. Burlington Street, Iowa City, Iowa, and this obligation for repairs and maintenance shall be a covenant to run with the land. Upon a substantial change in the use of the above-described property or a substantial change in the circumstances under which this agreement was entered, this Perpetual Parking Easement Agreement may be released by appropriate mutual agreement between the owners of the two properties involved and City, duly executed, acknowledged, and recorded in the office of the Recorder of Johnson County, Iowa. Hansons do hereby covenant with City that they are lawfully siezed and possessed of the subject real estate as described above, and that they have lawful right to convey said real estate or any part thereof, including the subject easement. This perpetual parking easement and the provisions hereof shall run with the land and with title to the land, be perpetual, and shall inure to the benefit of and be binding upon the parties hereto and upon their heirs, successors in interest, and assigns. Upon final execution, this agreement shall be recorded in the Office of the Johnson County Recorder at Hansohs' expense. 3 /Jam,e(s R. Hanson S~-r~ A. Hanson Approved by CITY OF IOWA CITY, IOWA Mayor Marian K. Karr, City Clerk City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ dayof ,r~..~a] ,e~ar~ed% ~n:~t5.,Hb:nf:~ne me, a Notary Public in and a for said state and county, pe y pp . and Sara A. Hanson, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /~"~ day of .,~£~',~,.~ , 1995, before me, a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz 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 this 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, and that Susan M. Horowitz and Marian K. Karr acknowledged 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 said State and County 2 Tl~e legal description for 824 E. Burlington Street, !owa City, Johnsor' County, Iowa, is~follows: Be! ' ~ng at the southeast corner of Lot 7 in Block 1, in Iowa Iowa, ~g to the recorded plat thereof, thence north 150 feet, west 50 feet, Ice south 150 feet, thence east 50 feet to the place beginning. Hahsons, Burlington iowa City, Iowa, hereby grant to assigns and le holders of such real estate a perpetual easement ,wn in the Site Plan attached hereto a of egress and ress to, over, and across the proper Street and 824 Burlington Street, iowa City, owners of such real estate known as 820 E. ton Street and 824 and future owners, foot wide shared access "A", for the purposes known as 820 E. Burlington Hansohs ;nowledge that the purpose agreement is to provide access to both 820 E. :on Street and 824 Street in order to facilitate the construction of the rovemerits proposed HanSOhS under the Site Plan attached as Exhibit "A". execution of reement, City agrees to approve the proposed construction, ah othe requirements are met. Hansohs agree that on of the herein-described at their expense and that common access shall be share( properties, their heirs, succe,' repairs and maintenance sha land. constituting common access to both be in accordance with City specifications and repair and maintenance of the 22-foot wide ually by each of the owners of the above-described in interest, and assigns, and this obligation for :ovenant to run with the land and with title to the This shared access ease and by appropriate mutual ;ement amon City, duly executed, knowledged, Johnson County, Io ~rovisions hereof may be released at any time he owners of the two properties involved and recorded in the office of the Recorder of Hahsons do here[ the subject real said real estat, with City ate as described above, any part thereof, including ;y are lawfully seized and possessed of that they have lawful right to convey subject easement. This shared ess easement and the with title land, be perpetual, and shall upon the..,arties hereto and upon their heirs, Should t~e Hahsons convey title to either one of the AgreeTent shall be binding upon such subsequent agree/Ynent shall be recorded in the Office ~ereof shall run with the land and to the benefit of and be binding ~ssors in interest, and assigns. ect properties, this Easement :ee. Upon final execution, this Recorder at Hensons' 2 The le :ription for 824 E. Burlington Street, Iowa City, Johnson County, Iowa, is as follows: Beginning at southeast corner of Lot 7 in Block 1, in Iowa City, according to the :orded plat thereof, thence north 150 feet, thence west feet, thence south 50 feet, thence east 50 feet to the place of beginnin Hansons, as owners Iowa, hereby g real estate known as easement for one parking Iowa City, Iowa, for the minimum dimensional re( ;uch real estate known as 820 E, Burlington Str Iowa City, and future owners, assigns and titl~ of such E. Burlington Street, Iowa City, Iowa, parking ~ce on such real estate known as 820 Street, ~oses of parking. Said parking shall meet the lents for a full-sized under the Iowa City City Code. The future owner,' ]ssigns and title holders of real estate known as 824 E, Burlington Street, Iowa Iowa shall have the ~ngress and egress to the perpetual parking easement a by such route as sh ;ion the least practical damage and inconvenience to the vners, assigns an( , holders of such real estate known as 820 E. Burlington Street, City, low Hansohs and City acknowledge that off-street parking required for 824 E. Burlington Street in order to facilitate th~ by Hahsons under the Site Plan attache, agreement, City agrees to approve the pl requirements are met. purpos this agreement is to provide the Street upon the premises of 820 E. of the improvements proposed s Exhibit "A". Upon execution of this sed construction, provided all other City Hahsons agree that installation, rep and be utilized by the owners of 824 iron expense and the responsibility owner of Iowa, and this obligation for re its and m~ the land. enance of the one parking space to ;et, Iowa City, Iowa, shall be at the E, Burlington Street, Iowa City, ~ shall be a covenant to run with This Perpetual Parking appropriate mutual agree City, duly executed, a Johnson County, ;ment Agreement may nt between t nowledged, and recorded in released at any time by wo properties involved and of the Recorder of Hansons do the subject real e said real estate with City that they are as described above, and that they part thereof, including the subject zed and possessed of right to convey This perpetu easement and the provisions hereof shall with title land, be perpetual, and shall inure to the benefit upon the ~ reto and upon their heirs, successors in interest, finalexe< tion, this agreement shall be recorded in the Office of the Nansons' expense. h the land and nd be binding signs. Upon ;on County RESOLUTION NO. 95-366 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA IVIEIVIORIAL UNION BRIDGE TO IOWA AVENUE PROJECT, STP-E-3716{3)--8V-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS. WHEREAS, this project will extend the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue and will include tunneling under the CRANDIC Railroad embankment; and WHEREAS, the construction cost estimate is $158,682, of which up to $111,700 will be funded by Federal Surface Transportation Program Enhancement Funds; and WHEREAS, the remainder will be funded by the General Fund, Road Use Tax revenues, and cost sharing with the University of Iowa; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on January 19, 1996, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law by the IDOT, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. THAT: The plans, specifications, form of contract, and estimate of cost for the construction are herebv approved. The City Clerk is hereby authorized and directed to publish notice [or the receipt of bids, to be let by the IDOT, for construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 19th day of DPrpmh~,r , 1995. CITY CLERK Approved by Resolution No. 95-366 Page 2 It was moved by Kubby and seconded by adopted, and upon rol~ call there were: Ptg~tt · AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Horowitz ~ Kubby Lehman Novick Pigot~ . Throgmorton RESOLUTION NO. 95-367 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CiTY HUIV]AN RIGHTS COMMISSION. WHEREAS, the Iowa City Human Rights Commission revised and unanimously adopted by- laws and; WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption following deletion of the last sentence of Section V.(A); and WHEREAS, Section V.(A) has been revised as directed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Human Rights Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 19th day of December , 1995. ATTEST: ~'~a-~.~,~.,~ ~ )~,~-') CIT~-CLERK It was moved by Pigott and seconded by adopted, and upon roll call there w~r~: It~ty~Attorne s Office Lehman the Resolution be AYES: NAYS: ABSENT: x x x x x x X Baker Horowitz Kubb¥ Lehman Novick Pigott Throgmorton civright\bylaw.res II. BY-LAWS OF THE IOWA CITY ~UI~%I~ RIGHTS COMMISSION NOVEMBER 1995 N~ME~NDAUTHORIT¥ ae The name of this organization is the Iowa City Human Rights Commission, referred to in these by-laws as the Commission. The Commission is authorized by the City Council of the City of Iowa City through Municipal Ordinance Number 95- 3697, effective date November 15, 1995. A. As stated in Section 2-1-2 of the Human Rights Ordinance. Throf~gh the Commission, the ordinance provides for execution within the city of Iowa City, the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Act. The Commission also promotes cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. IIIo KEMBERSHIP ao Membership; Appointment; Term of office; Vacancies: The Commission shall consist of nine (9) members, appointed by vote of the City Council. Appointees shall serve for a term of three (3) y. ears and thereafter until a successor has been appointed. If a position becomes vacant by reason of resignation or otherwise and results in an unexpired term of six months or less, the Council ~ay choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through subsequent regular term. Appointments shall taka into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. Human Rights Ordinance, section 2-2-3 So Commissioners shall attend (or have excused absences for) twelve (12) regularly scheduled monthly meetings during the calendar year. Commissioners who violate provisions of B above may be asked to resign and. be replaced. Excused absences are allowable for personal, work or school related emergencies. The Chairperson or Human Rights Coordinator must be notified cf a planned absence in advance of any meeting. Ce Be Commission may make recommendations by a 2/3 majority vote to the Mayor and the City Council for dismissal of any Commission member for reasons of attendance or other good cause. Commissioners shall serve without compensation. Actual and necessary expenses incurred may be reimbursed by the City Council. Orientation for commissioners, including functions, duties and responsibilities, shall be conducted by the staff assigned to the Commission° Vo ae The Commission shall have three (3) officers: chairperson, Vice Chairperson and secretary. Officers shall perform the duties set forth in these by- lawso The Chairperson must designate a Chairperson pro- tem when necessary. Co De The Chairperson and Vice-Chairperson shall be elected from the Commission's membership at its regular January meeting for a one (1) year term. The Secretary shall be selected at the January meeting for a one (1) year term. The Secretary may, but need not be, a Commissioner. The Commission shall fill vacancies among its officers for the remainder of an unexpired term. FULL COMI~ISSION MEETINGS Ao At least one (1) regular meeting shall be held each month. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. At least one (1) full day's written notice of meeting place, time and agenda shall be given each Commissioner and the media. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non- agenda items° C. A quorum shall consist of five (5) Commissioners. 2 A majority of present and voting members shall be necessary to pass a motion° The Chairperson shall vote as a member. De commission meetings shall be public except where provided in Iowa Code, Section 21.5. VIo ~UBCOMMITTEE/%ND TE,a. M ME~TINGS A° Since meetings are scheduled by the consensus of the committee members, attendance is mandatory. In case of emergency, the committee chair person or team captain shall be notified in advance so the meeting can be rescheduled. VII. CONDUCT OF COMMISSION BUSINESS A° Commission officers shall set the agenda provided Commissioner suggestions are considered. Each ComMissioner and staff member shall be provided an agenda prior to the monthly meeting° Be The Commission's Secretary and/or designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22; Iowa City's Human Rights Ordinance, Section 2-2-4. VIII. PUBLIC RECORDS; BXCE~TIONS A. All records of the Commission shall be public, except: Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records unless a public hearing is held. Human Rights Ordinance,.Section 2-2-4(A) (1). The minutes of any session provision of this title shall Human Rights Ordinance, Section closed under the be closed records. 2-2-4(A) (2). No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, except as may be necessary to conduct an investigation of a complaint. Nothing in this provision shall prevent the Commission from 3 releasing such information concerning alleged or acknowledged discriminatory practices to the Iowa Civil Rights Commission, the United States Civil Rights Commission, the Federal Equal Employment Opportunity Commission and other agencies or organizations whose primary purpose is the enforcement of civil rights legislation. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Commission or its staff shall constitute grounds for removal. H~man Rights Ordinance, Section 2--2-4(B) Ce The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. IX. SUBCOMMITTEE ~P~OI~T~ENTS. Xo Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The committee(s) shall consist of no more than four Commission Members appointed by the Commission Chairperson. POWERS ~ DUTIES O~ THB COl(MISSION. Powers: The Commission created by Chapter 2, Section 2-2-2, of the Human Rights Ordinance, shall have the following powers: A. To receive, investigate and finally determine the merits of 'complaints alleging unfair or discriminatory practices. To investigate and study the existence, character, causes and extent of discrimination in the areas covered by this title and eliminate discrimination by education, conciliation and enforcement, where necessary. To issue publications and reports of the research and investigations of the Commission subject to the limitations of confidentiality. .To prepare and transmit to the City council, from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered and the other. work performed by the Commission. 4 XI. Ao To make recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. To cooperate, within the limits of any appropriations made for its operation with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this title and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. To adopt guidelines by which to determine whether any behavior, action may properly be deemed a COndUCt, or discriminatory practice· To make recommendations to the City Manager and City council regarding the affirmative action program of the City and to offer assistance to City departments to ensure fair employment procedures and the provision of City services without bias. Seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result of an alleged violation of the Human Rights Ordinance. Issue subpoenas and order discovery to aid in investigation of allegations of discrimination. HUM~RiGHTS COMPLAINT ~ROCESS Filing 1o of Complaint Within twenty (20) days of the filing of the complaint, a copy will be crossfiled with the Iowa Civil Rights commission. Thereafter, appropriate case information will be sent upon request by the I.C.R.C.o Other appropriate enforcement agencies shall be notified of the complaint and sent relevant case information if requested unless specifically prohibited by the complainant or representing attorney. The commission's Coordinator and/or designee shall inform persons filing complaints of discrimination of: a. Appropriate Federal and State enforcement agencies; The complainant's right to file a charge of discrimination under Federal and State Civil Rights 5 laws either instead of, or in addition to, filing under the local ordinance; =he right to retain a private attorney; the commission's duty to forward a copy of the complaint to the Iowa Civil Rights Commission. Initiation of complaint investigation. 1. The Investigator will establish a file for each discrimination complaint. Each file will be assigned a Human Rights case number. The Investigator shall maintain a current flow chart tracking the progress of each complaint. It will also be the responsibility of the Investigator to notify appropriate parties within twenty (20) days of filing date. The Investigator shall interview the complainant, respondent and witnesses° Documents relevant to the charge shall be secured and applicable case law shall be reviewed. 3. After investigation, but before the Investigator submits a recommendation of probable cause or no probable cause to the City Attorney, the Investigator may seek a disposition through a predetermination settlement. (See Section, 2-4-2(E) of H~man Rights ordinance.) The Chairperson will then appoint a conciliation team to review the recommended predetermination settlement and make a recommendation to the Commission. ' If a predetermined settlement is approved by the Commission, the case will be closed and all parties will be so notified by certified mail. If the conciliation team disapproves of the proposed settlement, the Investigator shall continue with the investigation. 4. If no pre-determination settlement is sought or approved, the Investigator shall file a detailedwritten report to the city Attorney outlining whether there is or is not probable cause to believe the person charged in the complaint committed a discriminatory practice. City Attorney's Probable Cause Determination 10 After review of the file and the investigative summary in a case, the City Attorney shall submit an independent decision, in a timely manner, as to whether there is probable cause to believe the respondent has discriminated against complainant. The City Attorney will submit the file and probable cause 6 decision to the Human Rights Commission within thirty (30) working days of receiving the Investigator's report and reco~mendation. The City Attorney can, for good cause, reqUest from the Human Rights Chair, an extension of time to submit a probable cause determination. The extension will be granted with a showing of good cause. Human 1o Rights Commission Team and Probable Cause Determination After the Investigator and City Attorney have made their determinations regarding probable cause, the Human Rights Coordinator shall promptly assign the complainant's file to a Human Rights Commission team, for an independent evaluation as to whether there is probable cause to believe discrimination occurred. The Human Rights Commission must submit a written probable cause determination within thirty (30) days following receipt of the case. The Human Rights Commission Team can, with good cause, request from the Human Rights Chair, an extension of time to submit a probable cause' determination. The extension will be granted with a showing of good cause° A consensus of the Team is required to make a recommendation to the Commission. After a probable cause determination has been made, the Investigator shall notify all appropriate parties by certified mail of the finding and the reasons for the finding. If a no probable cause determination has been reached, the Complainant will have a right to appeal the decision within 10 days of receipt of the written notice. The Complainant should be advised to present all new information ' and corroborating material to support the appeal at the hearing. The Human Rights Commission Team shall hear the Complainant's evidence within thirty (30) days of the request for review. If it has been determined that there is probable cause to believe discrimination took place, the Human Rights Commission Team ass%Lees the responsibility of conciliation. The team is, thereafter, referred to as the Conciliation Team. Conciliation Team responsibility. The Conciliation Team shall seek to resolve a discrimination complaint through conciliation. Rights Ordinance, Section 2-4-4 Human 7 2. If the Conciliation Team is unable to effectuate a dis90sition within ninety (90) days after the finding of probable cause the commission may order the conciliation conference procedure to he bypassed° The Conciliation Team shall state in writing the reasons for bypassing further conciliation efforts. The statement should include a summary of the conciliation effort, the principal facts as disclosed in the investigation and other relevant reasons for the 'recommendation. Human Rights Ordinance, Section 2-4- 4 (A). 4. If the Conciliation Team reaches a disposition agreeable to the complainant and respondent, the agreement shall be reduced to w~itten agreement. 5. If the Conciliation Team is unable to reach a disposition agreeable to the parties, the team shall notify the Commission of the result° The Team may recommend: a. No further action be taken and the file be closed. bo A Public Hearing will be held. Administrative Closure. Should a complaint pending before the Commission be resolved or closed by the Iowa State Civil Rights Commission or the Equal ~mployment Opportunity Commission, the Commission Chairperson shall appoint a conciliation team to review the disposition. If the conciliation team finds that the complaint has been appropriately resolved, the case shall be administratively closed. All parties shall be so notified by certified mail. Public hearing° If it is determined that the case should go to public hearing, the commission shall issue and cause to be served a written notice: Human Rights Ordinance, Section 2-4-6 (A) a. Specifying the charges in the complaint; respondent to answer the at a hearing before the Requiring the the complaint or a person designated by the Commission to the hearing; charges of Commission, conduct 8 2. The hearing shall be conducted in accordance with the provisions of Chapter I?A, Code of Iowa for contested cases. The burden of proof shall be on the Co, lesion. Human Rights Ordinance, Section 2-4-6(C) The Commission shall review the hearing officer ~s decision and may affirm, modify, or reverse the recommended findings, conclusions of law and order. The Commiseion's final decision shall be made in accordance wi~h the provisions of Section 2-4-7 of 2he Ordinance. Subpoena powers and temporary injunctions. 1. Subpoenas may be issued and discovery ordered to aid in investigat.ions of allegations of discrimination. Human Rights Ordinance, Section 2'-2-2(J) The Commission may seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result of an alleged violation of the Human Rights Ordinance. Human Rights Ordinance, Section 2-2-2 XII. AMF~NDFh~IqTB. These by-laws can be amended at any regular commission meeting by a two-thirds (2/3) vote, provided that the amendment has been submitted in writing prior to the meeting at which it is to be acted upon and such amendment is not in conflict with the Human Rights Ordinance, as amended. 9 RESOLUTION NO. 95-368 RESOLUTION APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SPACE #100, OLD CAPITOL IVIALL, 201 S. CLINTON STREET WHEREAS, the applicant, Talbots, Inc., has filed an application for design review approval of exterior alterations to Space #100, Old Capitol Mall, 201 S. Clinton Street, Iowa City, Iowa, hereafter, "Project"; and WHEREAS, given that the Project consists of exterior alterations occurring on a parcel that was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the Project; and WHEREAS, the design review application for the Project, a copy of which is on file in the Department of Planning and Community Development, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the Project be accepted and approved, subject to the following conditions: The Talbots facia signs being made smaller, at the architect's discretion, and the facia signs being lowered such that the distance from the top of the awning to the bottom of the sign is no greater than the height of the sign; and The future approval of the location of the Osco sign and the Theatre sign; and WHEREAS, the design of the Project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The design of the exterior alterations to Space # 1 O0, Old Capitol Mall, 201 S. Clinton Street be approved, subject to the following conditions: ae The Talbots facia signs being made smaller, at the architect's discretion, and the facia signs being lowered such that the distance from the top of the awning to the bottom of the sign is no greater than the height of the sign; and b. The future approval of the location of the Osco sign and the Theatre sign; and The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution. Upon this approval, necessary permits may be issued for the Project upon full compliance with all applicable codes and ordinances. Resolution No. 95-368 Page 2 Passed and approved this 19th day of December , 1995. CITY'CLERK ~ocdev~l OOmal]. res Approved by ~ Resolution No. 95-368 Page 3 It was moved by Pi~ott and seconded by adopted, and upon rol~ call there were: the Resolution be · AYES: NAYS: ABSENT: X X X X X X Baker _ Horowitz . Kubby Lehman Novick ... Pigott ~ Throgmorton RESOLUTION NO. RES~ )N APPROVING THE DESIGN OF EXTERIOR TO SPACE OLD CAPITOL IVIALL, 201 S. WHEREAS, the exterior alterations to hereafter, "Project"; Talbots, inc., has filed an applicat ice #100, Old Capitol Mall, 201 for design review approval of Street, Iowa City, Iowa, WHEREAS, given that the was part of the urban entitled "Design Review," of make a recommendation ect consists of exterio~ project known as uires the :ity Council reg s occurring on a parcel that R-14, Title 14, Chapter 4, Article E, n Review Committee to review and the design of the Project; and WHEREAS, the design review cation fo Department of Planning and Review Committee, and after due of the Project be accepted and appro 3nd Project, a copy of which is on file in the )merit, has been reviewed by the Design Committee has recommended the design WHEREAS, the design of the Pro requirements of the Design Review found to conform with all of the applicable 'ice, NOW, THEREFORE, BE IT BY CITY COUNCIL OF IOWA CITY, IOWA, THAT: The design of the exteri Street be approved. tions t )ace//100, Old Capitol Mall, 201 S. Clinton The Mayor and directed to certif of the City tion. City, Iowa, are hereby authorized and Upon this ap[ necessary permits ma~ com[ all applicable codes and issued for the Project upon full Passed and this day of , 1995. ATTEST: CLERK MAYOR Approved City of Iowa City MEMORANDUM Date: December 18, 1995 To: City Council From: Laura Hawks, Chair Design Review Committee Re' Final Design Review Application for Exterior Alterations to Space #100, Old Capitol Mall, 201 S. Clinton St At its December 18, 1995, meeting, the Design Review Committee recommended, by a vote of 6-0-2 {Swan and Footnar abstaining), to approve the design of the exterior alterations to Space #100, Old Capitol Mall, 201 S. Clinton Street, as presented at the meeting, subject to: 1) 2) The Talbots facia signs being made smaller, at the architect's discretion, and the facia signs being lowered such that the distance from the top of the awning to the bottom of the sign is no greater than the height of the sign; and The future approval of the location of the Osco sign and the Theatre sign. The first condition of reducing the size of the facia signs and lowering the position of the signs is to emphasize that the signs define the location of the store. The idea is not to have an individual store sign compete with the Old Capitol Mall sign, given that the mall sign designates the entire building while the Talbot sign designates only one store within the building. The second condition relates to only the location of the existing Osco sign and the Theatre sign. The design of these signs are considered previously approved. However, the location of the signs must be approved once the mall has determined the best location for these signs. The representatives from Talbots and 01d Capitol Mall verbally agreed, at the meeting, to the conditions included in the recommendation. Though individual committee members made comments regarding various elements of the design, overall, the Committee is supportive of Talbots' attempt to bring a more human scale to the mall through the addition of awnings, the exterior entrance, and the display windows along Clinton Street. CC: Bill Holland, Talbots Dierdre Castle, Old Capitol Mall Design Review Committee City of iowa City MEMORANDUM Date: December 14, 1995 To: From: Re: Design Review Committee David Schoon, Economic Development CoordinatO~ Final Design Review Application for Exterior Alterations to Space //100, Old Capitol Mall, 201 S. Clinton Street Talbots Inc. has submitted a final design review application for exterior alterations to space //100, Old Capitol Mall, 201 S. Clinton Street. Given that the mall was an urban renewal project, the Design Review Ordinance requires that the Design Review Committee review and make a recommendation to the City Council regarding the design of exterior alterations as they relate to the rest of the building and the s;,eetscape. As the enclosed plans indicate, the proposed project will be located where the Gifted store is presently located. The project includes replacing one planting bed along Clinton Street with display windows, replacing the existing windows along Washington Street with new display windows, adding an exterior entrance along Washington Street near the existing mall entrance, and adding awnings and signs. The application also includes moving the existing Osco sign and Campus Theatres sign to the next wall panel on the Clinton Street side of the building. Staff's only significant concern regarding the design of the project is the location of the exterior entrance steps. The proposed steps are located in an existing high traffic pedestrian path and in an area that is congested at times as people wait for buses. However, staff believes that over time pedestrians will adjust their path to the mall's entrance by walking around the steps. Though the steps and ramp will create additional congestion in front of the mall entrance, as long as the Mall finds the level of congestion acceptable for its patrons, staff does not object to the location. In addition, the applicant has been informed that the steps must contain handrails to meet ADA requirements. The applicant will provide revised drawings showing such at the meeting. The Design Review Committee is to submit a recommendation to the City Council for either approval, approval with conditions, or disapproval. This item has been placed on the Council's December 19, 1995 agenda, given that the Council will not meet again until January 16, 1996. If by chance the Committee cannot form a recommendation at its December 18, 1995, meeting, the Committee has until January 10, 1995 to make a recommendation to the Council. If this should happen, the Council would then need to defer this item to its January 16, 1996 meeting. Enclosed in your packet is a copy of the design guidelines checklist to use as you review the project. I also strongly encourage you to visit the site prior to the meeting. cc: Bill Holland, Talbots Dierdre Castle, Old Capitol Mall DESIGN REVIEW APPLICATION ____ Preliminaq/Review ~ Final Review (Check one)' · Addressof Project: Space #100 Old Capitol Mall 201 S. Clinton Street Name of Applicant: The Talbots, Inc./Bill Holla~One number: 617-741-4699 Address: 175 Beal Street City: Hingham State: MA Zip:. 02043 Name of Property Owner. Heirman Retail Propertfi~bOne number: (312)855-5700 Address: 180 North LaSalle Street City: Ch£ca~o ContactPereon:Deidre Castle, Mall Manager Project Description: Construction of new store entrance~ renovation including awnings and signage. of ne~; display window on Clinton Street. 7. Project Time Schedule: Start Construction 3/25/96 Store Opening 8/16/96 State: ~.L Phone number: 319-338-7858 includinR site work. Storefront Removal of planter and installation Ten copies of all drawings and wdtten materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted w~th application): X Site analysis & site plan (see plan) X Landscaping plan( see plan) X Building elevations 7, .' Sectional drawings . ~( Drawings of proposedsigns(I) X Lightingplan(see pla'~ and sign X Additional information (as provided by the applicant): drawing) Rendering, photographs, co[or samples. Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) If projecl includes signs. apphcant must also submit a sign application. FOLLO~INGt 18 ~ ~ BE~ DOC4JME. NT AVAILABLE SCALE: SCl, t£ 6': ~'-O' \MSN\USNVS\VS002~ RESOLUTION NO. 95-369 RESOLUTION AUTHORIZING THE ACQUISITION OF APPROXIMATELY 10.27 ACRES OF LAND ADJACENT TO WETHERBY PARK FOR USE AS PARKLAND. WHEREAS, the Owners of said land (the Showers family) have executed an Acceptance of Offer for Acquisition of Land, now generally described in the attached schematic diagram; and WH EREAS, said Owners have also executed a Warranty Deed conveying approximately 10.27 acres of land to the City of Iowa City, Iowa, to be used as parkland, said conveyance to be more precisely determined by a land boundary survey now being completed, and which description shall then be attached to the deed in order to accommodate the Owners' wishes to consummate this sale by December 31, 1995; and WHEREAS, the Parks and Recreation Commission recommends that the City acquire this land at a cost of $9,000 per acre, and that the land be considered an expansion of Wetherby Park; and WHEREAS, the City Council previously indicated its approval to pursue this acquisition at its work session July 31, 1995; and WHEREAS, it is in the public interest to acquire said land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City, Iowa, hereby authorizes acquisition of approximately 10.27 acres of land from Robert A. and Martha S. Backus, Susan Ann Blumgren Revocable Trust, Leon H. and Portia S. Cooper, the Donald M. Showers Trust, Eric J. and Patricia B. Showers, James A. and Loretta Showers, and Mary Jane C. Showers by Warranty Deed, which land is generally described as: Approximately 10.27 acres of property immediately adjacent to the west and south boundaries of Wetherby Park, located at the south end of Taylor Drive in Iowa City, Johnson County, Iowa. Property com- mences at the northwest corner of Wetherby Park, extending west 200 feet, then south 1120 feet, then east 945 feet, then north 300 feet, connecting into the southeast corner of Wetherby Park, as shown on the map marked Exhibit A and attached hereto. The land shall be dedicated as parkland and named "Wetherby Park," as an expansion of the existing Wetherby Perk. The City Attorney is directed to take all necessary actions to consummate the purchase of the property with recording fees to be paid by the City. Resolution No. 95-369 Page 2 Passed and approved this 19th day of December ,1995, ATTEST: ~~2 ;~. CITY'CLERK Approved by Office It was moved by Nov~ck and seconded by adopted, and upon roll call there were: AYES: NAYS: X x x x x ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton Location Ma~ REZ93 0014 IDRS to RS-5 U.S. HIGHWAY No I t Wl~THifl~my p RS 5 ~C-00t. RESOLUTION NO, 95-370 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAI~IS, EXCLUDING THE POTTER'S STUDIO. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY96 and FY97; and WHEREAS, it is in the public interest to occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached schedule of fees and charges for parks and recreation services and programs be adopted for FY96 and FY97, with the exclusion of potter's studio fees. Passed and approved this 19th day of D~r~,.H~ ,1995. CITY'CLERK It was moved by Novick and seconded by adopted, and upon roll call there were: Approved by ey s (~ffice Pi grit r the Resolution be AYES: NAYS: ABSENT: X x x x X X Baker Horowitz Kubby Lehman Novick Pigott X Throgmorton parksrec~fees2.res City of iowa City Parks and Recreati.0n Depament RECREATION DMSION FEES & CEARGES FYgt-FY96 PROPOSED FY97 and TENTATIVE PROPOSALS FOR FY98 & FY99 (to be reviewed annually) Aclcpted by Parks & Recreation Commission 12/13/98 ESTIMATED PROPOSED TOTAL SPORTS/WELLNESS FY91 FY92 [~9~ FY94 FY95 FY96 FY97 R~FEN~E Aerobics- 5 classes 6.50 6.75 6.75 7.50 8.75 8.75 10.00 ) 10 classes 13.00 13.50 13.50 15.00 17.50 17.50 20.00 ) 13,000 PUnch card NA NA NA 17.50~ 30.00~, 30.00 33.75 4,185 Fitness 13.00 13.50 13.50 15.00 17.50 17.50 20.00 2,000 SB/BB Field Rental- Without lights 5.00 6.00 6.00 6.50 6.50 7.00 7.00 ) With lights 15.00 18.00 18.00 20.00 20.00 22.00 22.00 ) 5,002(T) Adult Softba!l- S,,mmer leagues 300.00 310.00 310.00 325.00 330.00 330.00 335.00 42,880(T) Fall leagues 155.00 160.00 160.00 170.00 175.00 175.00 180.00 7,200(T) Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 300(T) Adult Volleyball- indoor leagues 70.00 75.00 75.00 80.00 80.00 85.00 85.00 14,280(T) Outdoor leagues 40.00 45.00 45.00 50.00 50.00 55.00 55.00 1,100(T} Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 300(T) Adult Basketball- League iae 160.00 165.00 165.00 175.00 175.00 180.00 180.00 14,400(T) Forfeit fee 10.00 10.00 10.00 10.00 10.00 10.00 10.00 150(T) High School Basketball- League fee 60.00 70.00 70.00 75.00 75.00 80.00 80.00 1,920(T) Ra~quetball- Court fee (hr.) 2.50 2.50 2.50 2.50 2.50 2,50 2.50 2,250(T) Lessons 5.00 5.00 5.00 5.25 5.25 5.50 5.50 275 Youth Football 10.00 10.00 10.00 12.00 15.00 15.00 17.50 8,750 Youth V011eyball 10.00 10.00 10.00 12.00 15.00 15.00 17.50 2,187 Youth Basketball 10.00 10.00 10.00 12.00 15.00 15.00 17.50 7,000 Youth Gymnastics- 5 sessions 6.00 7.00 7.00 7.50 7.50 8.75 8.75 ) 10 sessions 12.00 14.00 14.00 15.00 15.00 17.50 17.50 ) 4,989 Youth Tennis (10) 12.00 12.00 12.00 12.00 15.00 15.00 17.50 910 Adult Tennis (10) 12.00 12.00 12.00 12.00 17.50 17.50 20.00 1,500 NJTL Tennis (24) 12.00 12.00 12.00 18.00 18.00 18.00 21.00 7,476 Weight Room 10.00 1,000 Weight Training 20.00 2,000 Other sports/wellness revenue (reimbursement for youth softball umpires) .... (T) ............ 6,780 TOTAL SPORTS/WELLNESS REVENUE $!51,834 Less Sales Tax - 4.489 GRAND TOTAL, SPORTS/W~r-T.NESS REVENUE .~147,345 lo-punch pass (unlimited number sold; interchangeable with Aquacise classes) 15-punch pass (unlimitd number sold; interchangeable with Aquacise classes) Either entirely or partially subject to sales tax. PARTICIPANT TENTATIVE NUMBERS FY98 F199 10.00 11.25 817 20.00 22.50 124 33.75 37.50 100 20.00 22.50 7.50 7.50 345 24.00 24.00 128 335.00 340.00 40 180.00 185.00 30 10.00 10.00 168 90.00 90.00 20 60.00 60.00 30 10.00 10.00 80 185.00 185.00 15 10.00 10.00 8.75 10.00 380 17.50 20.00 52 17.50 20.00 75 20.00 25.00 356 21.00 24.00 100 10.00 11.25 100 20,00 22.50 900 3.00 3.00 50 5.50 5,75 500 17,50 20.00 125 17.50 20.00 400 17.50 20.00 24 85,00 85.00 'Dark Room (2 hrs.) 4.00 6.00 6.00 6.00 Klndergrounds- i day/week 2.50 3.00 3.00 3.00 2 days/week 5.00 6.00 6.00 6.00 Chlldren's Theatre 12.00 15.00 15.00 15.00 Science & Nature 6-12 7.50-16 7.50-15 7.50-15 Children's Cultural 6.00 7.50 7.50 7.50 Adult Cultursl 25-35 30-45 30-45 35-45 Adult Social children's Social 5-10 5-10 6-12 Summer Camp: 4-8 2 wk, sessions- FY95 FYgS 7.00 7.00 PROPOSED FY97 7.00 3.50 3.50 ) 4.00 7.00 7.00 ) 8.00 17.50 17.50 20.00 8.75-17.50 8.75-17.50 10-20 8.75 8.75 10.00 40-50 40-50 45-55 7-14 7.50-15 8-16 one session 100.00 105.00 105.00 110.00 115.00 115,00 ) 120.00 TWO sessions 200.00 210.00 210.00 220.00 230.00 230.00 ) 240.00 Three sessions 300.00 315.00 315.00 330.00 345.00 345.00 ) 360.00 Four sessions 400.00 420.00 420.00 440,00 460.00 460.00 ) 480,00 Supervised Play 12.00 14.00 14.00 15.00 16,00 16.00 16,00 FREE Halloween Parade/Carnival Swim Fest Golden Age Christmas Dinner Misc. Other Special Events TOTA~ SOCIAL/CUlTURAL REVENUE 504 PARTICIP?aT T~TATIVE NUMB~S FY98 FY99 72 7.00 7.00 4.00 4.00 3,300 550 8.00 8.00 3,600 180 20.00 20,00 1,800 120 10-20 10-20 7,000 700 10.00 10.00 8,250 165 45-55 45-55 500 23,472 1,956 8-16 8-16 96,000 7,200 $155.936 800 450 120.00 125.00 240.00 250.00 360.00 375.00 480.00 500,00 16.00 18.00 L' AC~ATICS F~91 FY92 FY93 FY94 Daily Admissions- Youth .75 1.00 1.00 1.00 Adult 1.50 1.50 1.50 1.50 Punch Cards- Youth (20 adm.) 12.75 17.00 17.00 17.00 Adult (20 adm.) 25.50 25.50 25.50 25.50 S~mmmer/3 month Passes- Youth 30.00 40.00 40.00 40.00 Adult 50.00 50.00 50.00 50.00 Family (4 people) 80.00 90.00 90.00 90.00 1st addition 15.00 10.00 10.00 10.00 Other additions 7.50 10.00 10.00 10.00 Annual Passes- Youth 55.00 73.00 73.00 73.00 Adult 90.00 90.00 90.00 90.00 Family (4 people) 145.00 163.00 163.00 163.00 1st addition 27.50 20.00 20.00 20.00 Other additions 13.75 20.00 20.00 20.00 POol Rentals (per hr.)- General Public: Rec Center 25.00 25.00 25.00 25.00 MPAC 75.00 75.00 75.00 75.00 Swim Club: 25 yard/meter 15.00 15.00 15.00 15.00 50 yaM/meter 15.00 15.00 15.00 '15.00 * Exclusive use of entire eight lanes of the pool t . (T) Either entirely Or partiall~ subJec to sales tax. PROPOSED FY95 FY96 [~7 1.00 1.25 1.25 1.50 1.75 1.75 TOTAL DAILY ADMISSIONS 17.00 21.25 21.25 25.50 29.75 29.75 TOTAL PUNCH CARDS ESTIMATED TOTAL PARTICIPANT REVENUE NUMBERS TENTATIVE FYg8 ~ $ 56,250 45,000 1.50 1.50 71,750 41,000 1.75 1.75 $128,000(T) 7,437 350 25.50 25.50 10,412 350 29.75 29.75 $ 17,849(T) 45.00 49.00 49.00 9,800 200 59.00 59.00 60.00 68.00 68.00 9,520 140 68.00 68.00 105.00 117.00 117.00 4,680 40 127.00 127.00 10.00 10.00 10.00 70 7 15.00 15.00 10.00 10.00 10.00 70 7 15.00 15.00 82.00 98.00 98.00 3,920 40 118.00 118.00 105.00 136.00 136.00 27,200 200 136.00 136.00 187.00 234.00 234.00 7,020 30 254.00 254.00 20.00 20.00 20.00 160 8 30.00 30.00 20.00 20.00 20.00 140 7 30.00 30.00 TOTAL PASSES $ 62,580(T) 25-50 25-50 ) 25-50 75.00 75.00 ) 75.00 1,500(T) 30 25-50 25-50 75.00 75.00 15.00 15.00 578 30.00 30.00 15.00 15.00 ) !5.00 15.00 30.00* ) 30.00* 13,000(T) TOTAL RENTALS $ 14,500 ESTIMATED PROPOSED TOTAL PARTICIPANT ~ FY91 [Y92 FY93 [~94 FY85 FY96 [~97 RdVzNUE NIIMBERS Znstructional Programs- Parent/Tot (10 @ 45 min.) 12.00 12.00 12.00 15.00 15.00 15.o0 17.50 5,285 302 Preschool (10 @ 45 min.) 15.00 15.00 15.00 !5.00 15.00 15.00 17.50 17,395 994 ,Red Cross Basic Lessons [10 @ 45 min.) 12.00 12.00 12.00 16.00 16.00 16.00 18.50 38,554 2,084 Private Lessons (5 hrs.) 25.00 25,00 25.00 26.25 26.25 27.50 27.50 9,075 330 Adult (10 @ 45 min.) 15.00 15.00 15.00 20.00 2o.00 20.00 20.00 680 34 Diving (10 @ 45 min.) 15.00 15.00 15.00 15.00 15.00 15.00 17.50 787 45 *Basic Water Safety (10 hrs.) 16.00 16.00 16.00 18.50 18.50 NA NA 0 *Community Water Safety (10 hrs.) NA NA NA NA NA 18.50 18.50 148 8 ,Emergency Water safety (10 hrs.) 16.00 16.00 16.00 18.50 18.50 NA NA 0 ~Lifeguarding (46 hrs.) 46.00 46.00 46.00 53.50 53.50 53.50 75.00~, 2,475 33 *water Safety Aide (20 hrs.) 21.00 21.00 21.00 36.00 36.00 36.00 41.00 328 8 ,Water Safety Instructor (40 hrs.) 60.00 60.00 60.00 71.00 71.00 71.00 81.00 486 6 *Advanced Swimmer (10 hrs.) 16.00 16.00 16.00 18.50 18.50 NA NA 0 *Lifeguard Instruc. (27 hrs.) NA NA NA NA NA 44.00 44.00 352 8 TOTAL INSTRUCTIONAL PROGRAMB $ 75,565 * These fees include a $1 surcharge by the American Red Crass. ,e Required class hours increased from 30 to 46 hours. TENTATIVE FY99 17.50 17,50 17.50 17.50 18.50 18.50 27.50 27.50 20.00 22.50 17.50 17.50 NA NA 18.50 18.50 NA NA 75.00 75.00 41.00 41.00 81.00 81.00 NA NA 44.00 44.00 ESTIMATED PROPOSED TOTAL AOUATICS FYgl F~92 F~93 F1/94 F~95 F~96 FY97 REVE~ Aquacise (hr.) 1.50 1.50 1.50 1.50 1.75 1.75 2.00 9,950 Aqua-Pass 55.00 NA NA NA NA NA NA A~ua-Punch NA 17.50· 17.50, 17.50* 30.00** 30.00** 33.75*~ 13,500 TOTAL AQUACISE/AQUA-PUNCH $ 23~450 Lockers- city Park .10-.50 .10-.50 .10-.50 .10-.50 Mercer Park .10-.50 .10-.50 .10-.50 .10-.50 Other Aquatics Revenue- .10-.50 .10-.50 .10-.50 1,800 .10-.50 ..10-.50 .10-.50 6,660 TOTAL LOC4~/Sa $ 8,460 School District (cost share for MPAC; 25% of specified items) ....................... Vending - Mercer Park Aquatic Center ................................................ rending - City Par]: Pool ............................................................ TOTAL OTHER AQUATICS TOTAL AQUATICS REVENUE Less Sales Tax GRAMD TOTAL, AQUATICS REVENUE * 10-punch pass (unlimited number sold; interchangeable with aerobics classes) *~ 15-punch pass (unlimited number sold; interchangeable with aerobics classes) $ 61,500 4,500 3,000 $ 69,000 $399,404 - 10.646 S388.758 P]~TICIPAA~T TENTATIVE NTJMBERS [~98 FY99 4,975 2.00 2.25 400 33.75 37.50 6,000 .10-.50 .10~.50 22,200 .10-.50 .10-.50 !. · SPECIAL POPULATIONS FY91 FY92 FY93 FY94 'SPI Clubs 4.00 4.00 4.00 4.00 SPI Special Events 8.00 10.00 10.00 10.00 SPI Rec Programs 5.00 5.00 5.00 5.00 SPI Adapted Aquatice 7.50 10.00 10.00 10.00 SPX clubs *Goodtimer Club *Coffeehouse Club Sibship spi special Events ,Bowling Tournament & Banquet Sports Day Special Olympics Competitions Halloween Dance Other Holiday Special Events Summer Picnic Friends Program Nisc. Others SPI Adapted Aquatics · Swim instruction for persons w/physical limitations only · Swim instruction for children & adults w/special needs * Programs/activities for which fees are assessed FY95 F~96 PROPOSED ESTIMATED TOTAL REVENUE PARTICIPANT TENTATI'VE NUMBERS FY98 FY99 5.00 5.00 6.00 300 50 6.00 6.00 10.00 10.00 2-16 960 80 2-16 2-16 7.50 7.50 5-15 3,300 440 5-15 5-15 10.00 12.50 15.00 600 40 15.00 15.00 Softball ,Aquatics Billiards Table Tennis ~Fiehing Bicycling Downhill Skiing ~(ski tickets) SPORTS & FITNESS: ,Aerobics.Bance Basketball Gymnastics cheerleading Flag Football Track & Field *Aqua-Stretch OUTDOOR/NATURE ACTIVITIES: Hiking Plant & Animal Life Classes MUSIC PROGRAMS: Vocal Music Groups Rhythm Instrument Groups TOTAL S.P.I. REVENUE $ 5.160 INDEPENDENT LIVING: ,Cooking *Sign Language ,Relaxation ,Environmental Education ,Leisure Education (and other topics of interest to participants) ARTS & CRAFTS: · Fascinating Flowers ~Art in the Park ~Pottery · Fabric Paints Art Drama & Theatre Classes · Dance classes (jazz, batlet, modern, line dance, creative dance, square dance, etc.) · Many other art classes using a variety of materials RECREATION CENTER FY91 F~92 FYg3 FY94 F~95 ESTIMATED PROPOSED TOTAL FY96 F~7 REVENUE Room Rentals- Meeting Rooms/Kitchen/Craft Room (per 3 hr. use) 5.00 5.00 5.00 7.50 7.50 7.50 7.50 Social Hall (per 3 hr. use) 25.00 25.00 25.00 37.50 37.50 37.50 37.50 Gynunasiu=u (per hr. per court)- Half Court 12.50 12.50 12.50 12.50 12.50 18.75 18.75 FUll Court 25.00 25.00 25.00 25.00 25.00 37.50 37.50 Game Room (hr.) 12.50 12.50 12.50 Locker Rentals- Daily (coin-operated) .25 .25 .25 .25 .25 .25 .25-.50 Monthly 2.d0 2.00 2.00 2.00 2.00 2.00 2.00 six Months 10.00 10.00 10.00 10.00 10.00 10.00 10.00 Vending, Rec. Ctr .................................................................... Equipment Rental- Weekday 1.00 1.00 1.00 1.00 1.00 2.00 2.00 Weekend 3.00 3.00 3.00 3.00 3.00 4.00 4.00 Game Room Drop-in Use No fee No fee No fee No fee No fee No fee No fee weight Room Drop-In Use No fee TOTAL RECREATION CENTER P~TICIP~ NDMB~ F~S FA~T Daily Season (per market) GARDEN PLOTS TENTATIVE FY98 F3~99 2,370 316 8.00 8.00 5,325 142 40.00 40.00 169 9 18.75 20.00 337 9 37.50 40.00 0 0 12.50 15.00 ) 3,100 7,600 ) ) 750 19.651 5.00 5.00 5.00 5.00 6.00 6.00 ) 6.50 260 3.60 3.60 3.60 3.60 4.60 4.60 ) 5.00 10,940 TOTAL FARMER#S MARKET ~ 11.200 8.00 8.00 8.00 8.00 8.00 !0.00 10.00 ~ ' 720 758 250 .25=.50 .25-.50 3.00 3.00 15.00 15.00 OT~ NON-PROPERTY TAX REVENUES Hotel/Motel Tax (15% supports MPAC Operations) .......................................... 66,000 Non-resident fees (for miscellaneous activities throughout division) .................... 6,000 Commissions (telephone, Other misc.) .................................................... 725 TOTAL OTHER REVENUES $ 72,725 2.00 3.00 4.00 6.00 No fee No fee No fee No fee NO fee NO fee 40 6.50 7.00 2,188 5.00 5.50 72 10.00 12.00 TOTAL RECREATION DIVISION REVENUE ~801,495 (non-property tax) 12/13/95 SUMMARY RECREATION DIVISION REVENUES & BUDGET FY97 Total Non-Property Tax Revenues 801,495 FY97 Proposed Budget 1,974,898 Less capital outlay and new permanent partstime position requested (revenues to be adjusted if position is approved) 156,631 Sl, ~:[8,267~ Non-Property Tax Revenue to Support Budget = 44.08% Stated Goal (Not Required) = 45,00% RESOLUTION NO, RESOLUTION ESTAI~LISHING A REVISED SCHEDULE OF FEES FOR PARKS ~ND RECREATION SERVICES AND PROGRAMS. WHEREAS, the City Coda Commission, all Parks and and "Upon recommendation of the Par fees shall be established by City Recreation resolution"; WHEREAS, the Parks ant certain increases to be irr :ion Commission has reviewed all h in FY96 and FY97; and ~mmending WHEREAS· it is in the public :to occasionally revise sai, NOW, THEREFORE, BE IT RESOLVED IOWA that the attached schedule of programs be adopted for FY96 and :ITY and charges for OF THE CITY OF IOWA CITY, and recreation services and Passed and approved this day · 1995, ATTEST: CITY CLERK Approved by ,Attorney's Office It was moved by adopted, and upon roll call there wer AYES: parksrec\fees.res seconded b' :NT: the Resolution be Baker an O0 000 O0 000 000 ~o 00000 000 000 o~o 000 000 00000 O0 000 O0 OC 0 oo 0 O0 0 00000 ~0000 000 O0 0 000 O0 0 O0 00000 00000 O0 O0 O0 ~ oo 000 O0 0 000 O0 0 00000 ~0000 000 O0 0 000 000 O0 0 O0 O0 0000 0 000 000 O0 0 ~0 O0 0000¢ ~o~oo 0 ~° ° o o o.o.O.o, ~' ~J o oo o.o.o. ~ 00000 ~ 00000 0 E~ 0 E~ O~ O~ 0000000000 O0O0 ~ ~ ~ oooo~ooooo ~o~ ..... ~Z~ ..... ~ i~ O~ O~ 00000 00000 O0 O0 ''~ ~ ~ 00000 00000 O0 00000 30000 ~0 ooooo oo~ ~ ~ ~o ~o~ ~ o ~ O0 O0 0 oo~ 00000 000 00000 000 ..... ~ 00000 000 00000 000 00000 O0 0 00000 0 00000 0000 OOOOtO O0 O0 O0 O0 0 O0 O0 0 O0 0 O0 O0 O0 O0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 t~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 0 0 o~o~ooo~ o ooooo o o o o o o iA 0 0 0 0 0 0 0 0 0 0 0 0 O0 00000 O0 000 0 0 0 ~J 0 .C 0 u3 (:3 o o O0 oo oo oo 0ooo oooo · # o b3 0 0000 0000 0 0 (500 000 0 0 000 0 0 0 0 ooo ~.~ S 0 0 0 0 0 ~ o O0 0 O0 0 0 12/13/95 SU~HAR¥ DIVISION REVENUES & BUDGET F¥97 Total Non-Property Tax $ 801,495 FY97 Proposed Budget 1,974,898 Less capital permanent requested ( adjusted if new be is approved) 156,631 $!,~!8,267 Non-Property Tax Revenue Support 44.08% Stated Goal (Not Requi! = 45.00% RESOLUTION NO. 95-371 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS FOR THE POTTER'S STUDIO. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending certain increases to be implemented in FY96 and FY97; and WHEREAS, the City Council has adopted a resolution increasing all fees except the potter's studio; and WHEREAS, it is in the public interest to occasionally revise said fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached schedule of fees and charges for parks and recreation services for the potter's studio be adopted for FY96 and FY97. Passed and approved this 19th day of December · 1995. ATTEST: ~ CITY-CLERK It was moved by Novick and seconded by adopted, and upon roll calttherewere: Pigott ~it~y Attorney s Ofiice /,-~2-,/,~ - the Resolution be AYES: NAYS: ABSENT: ABSTAIN: X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgrn orton X parksrec\fees.res 0 0 RESOLUTION NO. 95-372 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE UPDATE OF FEDERAL EIVlERGENCY MANAGEMENT AGENCY (FEMA) FLOODPLAIN MAPS, WHEREAS, the City of Iowa City desires to update the Federal Emergency Management Agency (FEMA) Floodplain Maps used to regulate Iowa City's floodplains; and WHEREAS, the City of Iowa City desires to contract for the consultant services necessary to update the FEMA floodplain maps; and WHEREAS, an Agreement for professional engineering services has been negotiated with Shive-Hattery Engineers and Architects, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive- Hattery Engineers and Architects, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content, The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this lqrh day of ~'re~be~ ,1995. ATTEST: ~ CITY' CLERK Approved by City Attorney s Office It was moved by Pl~.ott and seconded by adopted, and upon roll call there ware: AYES: NAYS: X x x x l(uhh¥ ABSENT: the Resolution be Baker Horowitz Kubby Lehman Novick __ Pigott Throgmorton SHiVE-HATTERY ENGINEERS AND ARCHITECTS, ,.6. 2122 ACT Circle * Iowa C~ty, IA 52245-9581 · (319) 354-3040 o FAX (319) 354-6921 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this./~4~. day of J~.~,~l~q I?/'~ by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery En~lineera And Architects. inc., of Iowa City, hereinafter referred to as the Consultant. WHEREAS, The City of Iowa City desires to extend Federal Emergency Management Agency (FEMA) flood mapping to the Iowa City growth area boundaries for all streams having a drainage area greater than one square mile and to update the flood mapping of the Iowa River based on the experienced inundations during the flood of 1993. The project will also update mapping in recently developed areas of the city. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. PRELIMINARY STUDY AND COST ESTIMATE PHASE Sco~3e of Work A. Research availability of existing aerial photography and mapping. B. Identify basins and areas to be mapped and subcontract for aerial photography. C. Perform control survey for aerial photography. D. Perform stream bed and floodway cross sections at 400 ft. intervals and at structures. E. Develop flood profiles using HEC-2 software. F. Develop flood discharges. G. Research and incorporate letters of map amendments. H. Incorporate FIS mapping revisions performed by Howard R. Green under contract with the City of Coralville. 195325~ '1 - CIVIL e MECHANICAL '~ ELECTRICAL * STRUCTURAL o INDUSTRIAL" ENVIRONMENTAL · TRANSPORTATION "SURVEYING ROOF · ARCHITECTURE · SPACE PLANNING" MASTER PLANNING Plan views will be of sufficient detail to identify features such as roads and existing buildings (1"= 100' scale for all tributaries). On the Iowa River, provide detail maps (100-scale) of the Park View Terrace Area and South Gilbert Business Area. K. Determine flood hazard factors. Prepare drawings of areas. Anticipate plan and profile drawings for tributaries and plan drawings fbr recently developed areas, Park View Terraca, and South Gilbert areas. Provide mylar drawings to City. Coordinate with FEMA authority to obtain required approvals and printing of new maps. Meet with City of Iowa City personnel as required during the process. Update existing detailed maps to reflect development that has occurred since the original mapping. SCHEDULE January 1996 - Complete field survey work and obtain aerial mapping. February-March 1996 - Develop flood profiles, flood discharges, and prepare drawings. April-August 1996 - FEMA review process. COMPENSATION The Consultant shall be compensated for the above scope of work on a time and expense basis. The Consultant anticipates the total fee, including expenses, to be in the range of $51,000 to $56,000 plus cost of aerial photography and related horizontal and vertical ground control. Cost of photography will be billed to the City with 0% mark-up. Estimated cost of aerial photography is $84,000 including $24,000 ground control costs, assuming new photography of all areas. Some existing aerial photography is anticipated to be adequate, resulting in a reduction of the $84,000 cost. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, gender' 'ident.'i t..y,religion, sex, national origin, disability, age, marital status, or sexual orientation. 195325-0 '2- SH!VE-HATTER¥ ENGINEERS AND ARCHITECTS, ~n~. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin,gender ident! disability, age, marital status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum," or not-to-exceed amounts listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as independent Contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 195325~ -3~ SHIVE-HATTERY ENGINEERS AND ARCHITECTS, The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with the Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Mo Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City, MISCELLANEOUS The City of Iowa City will provide Shive-Hattery the below listed support or information: 1. Copies of subdivision plats and construction drawings in the project area. 2. Review of submitted documents in a timely basis. 3. Topographic mapping of any areas available. FOR THE CITY By: Title: Date: ATTEST: FOR THE CONSULTANT Title: Date: Vice President November 20, 1995 LFM/jek 195325-0 '4- SHIVE.I{AIl'EI:I¥ ENGINEERS AND ARCHITECTS, inc RESOLUTION NO. 95-373 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OFTHE FIRST AVENUE IMPROVENiENTS PROJECT, MUSCATINE AVENUE TO D STREET. WHEREAS, the City of Iowa City has undertaken a project known as the First Avenue Improvements Project, Muscatine Avenue to D Stri~et {"Project"); and WHEREAS, the Project includes widening of the avenue to three lanes and sidewalk installation; and WHEREAS, the City Council has been advised and has determined that the acquisition of right- of-way, permanent easements, and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer will determine the location of the necessary right-of-way acquisitions, permanent easements, and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said right-of-way, permanent easements, and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: It is in the public interest to acquire right-of-way, permanent easements, and temporary construction easements for the construction of the improvements included in the Project, and acquisition of said right-of-way, permanent easements, and temporary construction easements constitutes a valid public purpose. The City Engineer or his designee is hereby authorized and directed to negotiate the purchase of right-of-way, permanent easements, and temporary construction easements for the construction of the improvements included in the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute right-of-way, permanent easements, and temporary construction easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event right-of-way, permanent easements, and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such right-of~ way, permanent easements, and temporary construction easements. Resolution No 95-373 Page 2 Passed and approved this 19th day of December ,19 9s ATTEST: ~ ~ ~ CITY~CLERK Approved by -- City Attorney's Office it was moved by Pigor~ and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x X X X Baker Horowitz Kubby Lehman Novick Pigott __ Throgmorton pweng\firstave,res RESOLUTION NO. 95-374 RESOLUTION AUTHORIZING THE ACQUISITION OF VARIOUS PROPERTY INTERESTS, INCLUDING RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEIV]PORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE MELROSE AVENUE, WEST HIGH SCHOOL ENTRANCE TO DEER CREEK ROAD, RECONSTRUCTION PROJECT. WHEREAS, the City of Iowa City has undertaken a project known as the Melrose Avenue, West High School Entrance to Deer Creek Road, Reconstruction Project ("Project"); and WHEREAS, the Project includes widening of the avenue to four lanes and sidewalk installation; and WHEREAS, the City Engineer has determined the location and extent of the various property rights needed for the Project; and WHEREAS, the City Council has been advised and does now determine that acquisition of certain property interests is necessary for construction of the Project, namely fee simple right- of-way, permanent storm sewer and drainageway easements, and temporary construction easements; and WHEREAS, City staff should be authorized to acquire said permanent and temporary property rights, at the best overall cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire fee simple right-of-way, permanent storm sewer and drainageway easements, and temporary construction easements necessary for the construction of the improvements included in the Melrose Avenue, West High School Entrance to Deer Creek Road, Reconstruction Project ("Project"), and that acquisition of said property rights is for a valid public purpose. The City Engineer and City Attorney are hereby authorized and directed to negotiate the purchase of the various property rights and interests necessary for construction of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute the necessary documents to acquire various property rights for right-of-way, permanent drainage easements, and temporary construction easement agreements for recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property interests cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for the acquisition of such property rights. Resolution No. 95-374 Page 2 Passed and approved this 19th day of December ,19 95 ATTEST: Ci~ Approved by neys Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Pigott the Resolution be AYES: NAYS: ABSENT: x x x X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pweng\entrance.res RESOLUTION NO, 95-375 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SANITARY SEWER EASEMENTS PREVIOUSLY ACQUIRED FOR THE TAFT SPEEDWAY SANITARY SEWER EXTENSION ASSESSMENT PROJECT IN 1984 WHEREAS, the City of Iowa City constructed a sanitary sewer along Taft Speedway in 1985; and WHEREAS, four (4) permanent sanitary sewer easements were determined to be necessary for the special assessment project; and WHEREAS, the easements were acquired, duly approved, signed and notarized by the property owners; and WHEREAS, it was recently discovered that the same four easements were neither executed by the City nor recorded; and WHEREAS, the City Engineer reviewed the construction plats and determined that it is still in the best interest of the City to execute, record and thereby retain the acquired easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute and record the permanent easements previously acquired for the construction of the improvements included in the Taft Speedway Sanitary Sewer Extension Assessment project; and The Mayor and City Clerk are hereby authorized and directed to execute the attached permanent Easement Agreements, and the City Clerk is hereby directed to certify a copy of the same to the Johnson County Recorder's Office for recordation at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions as required by law. Passed and approved this 19th day of December ,1995. CIT~PCLERK PERHANENT SANITARY SEWER EASEltENT THIS AGREEHENT, made and entered into by and between Bruce R. ~lasBow hereinafter-16)~rr'~-~ to as "OtINERS," and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: The OWNERS hereby grant and convey to the CITY an exclusive permanent easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorpo- rated by reference herein. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement, The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the CITY's rights @ursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OI~NERS. The CITY shall have the right of easement area by such route as shall and inconveniencf~ to the O~.INERS. ingress and egress to and from the occasion the least practical damage The OWNERS reserve the right to use the real estate above-described for purposes which shall not interfere with the CIT¥'s full enjoyment of the rights granted ~n this easement; provided, however, that the OWNERS shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNERS allow or cause any substantial fill or cut over said easement without the consent of said CITY, which consent shall not be unreasonably withheld· The CITY auroras to promptly backfill any trench made by it and repair any damages within the area subject to the easement. After the construction is complete, owners shall accept responsibility for any settlement of the sewer trench which may occur· The CITY shall indemnify OWNERS against any loss or damage which may nccur in the exercise of the easement rights by the CITY) except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs and/or maintenance. lhe provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 30 day of blovembe~ By: , 1984 STATE OF IOWA COUNTY OF JOHNSON SS: On this 30 day of November , 1984, before me, the undersigned, a Notary Pub'-~-it[~ in and for the State of Iowa, County of Johnson, personally appeared Bruce R. Glasgow , to me known to be the identlc-~l-person(S) named in and who executed the foregoing instrument and acknowledged that they executed the ¥,m~ as /thOr voluntary act and deed. Notary Public in and for Lh~State of Iowa My co~ission expires ~ ~;~ ~ STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this ~q day of -~ee¢~ber , A.D., 198~, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared b~:As~TF1. ~ro~,.~ and ~Wl~.(< ~r , to me personally known, who, e~ng oy me duly sworn, did say that they are the .-~r~ ~. . and [Z~4,. ~r~ , respectively, of sa¥~unlcipal corporation executing#the ~ithin and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said muni6ipal corporation by authority of its City Council; and that the said ~s~ ~m. ~.~_~and ~ll~4n H. ~r~ as such officers acknowledged the execution of said instrumen{ ~o be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said County and State EXHIBII A .J 667 · NORTH II NO SCALE I 10' PERNANENT EASEMENT ,60' R.O,W. TAFT SPEED).IAY OWNER: BRUCE R. GLASGOW DESCRIPTION OF ENTIRE TRACl: A TRACT OF LAND IN SECTION 3, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TH P,M., DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF TAFT SPEEDWAY WITH THE WESTERLY LINE OF FORMER HIGHWAY NO. 218, THENCE NORTH 88°37' WEST 805.4 FEET, THENCE SOUTH 81° 41' WEST 60.3 FEET 10 TIlE POINT OF BEGINNING; THENCE SOUTH 00°26' EAST 778.7 FEET TO TIlE NORTHERLY BANK OF THE IOWA RIVER, THENCE NORTHWESTERLY FOLLOWING THE BANK OF THE IOWA RIVER 780 FEET; THENCE NORTH 00'25' WEST 425.5 FEET TO IHE SOUTH LINE OF TAFT SPEEDWAY; THENCE NORTH 81°41' EAST ALONG THE SOUTH LINE OF TAFT SPE[DWAY 747.9 FElT 10 THE POINT OF BEGINNING. EXCEPTING THE WEST 80 F[ET OF TIlE ABOVE DESCRIB[D TRACT. DESCRIPTION OF PERMANENT EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH L!ES 10 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. 10' PERMANENT EASEMENT 60' R.O.W. TAFT SPEEDWAY NO SCALE OWNER: BRUCE R. GLASGOW DESCRIPTION OF ENTIRE TRACT: A TRACT OF LAND IN SECTION 3, TOWNSHIP 79 NORTH RANGE 6 WEST OF THE 5TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF TAFT SPEEDWAY WITH THE WESTERLY LINE OF FORMER HIGHWAY NO. 218, TUENCE NORTH 88°37' WEST 805.4 FEET, THENCE SOUTH 8~41' WEST 60.3 FEET TO THE POINI OF BEGINNING: THENCE SOUTH 00°26' EAST 778.7 FEET TO THE NORTHERLY BANK OF THE IOWA RIVER, THENCE NORTHWESTERLY FOLLOWING THE BANK OF THE IOWA RIVER 780 FEET; THENCE NORTH 00'25' WEST 425.5 FEET TO THE SOUTH LINE OF TAFT SPEEDWAY; THENCE NORTH 81°41' EAST ALONG THE SOUTH LINE OF TAFT SPEEDWAY 747.9 FEET TO THE POINT OF BEGINNING. EXCEPTING THE WEST 80 FEET OF TIlE ABOVE DESCRIBED TRACT. DESCRIPTION OF PERMANENT EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH L!ES 10 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. PERMANENT SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between James ?. Glasgow e~after referred to as "O~INE~S," and the City of Iowa City, Iowa, municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: 1. The OWNERS hereby grant and convey to the CITY an exclusive permanent easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorpo- rated by reference herein. 2. The OWNERS hereby covenant that they are lawfully seized and possessed m' the real estate described above, and that they have a good and lawful right to convey this easement. The CITY shall have the right to make excavations and tO grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. e The CITY shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the CHY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. The CITY shall have the right of easement area by such route as shall and inconvenience to the OWNERS. ingress and egress to and from the occasion the least practical damage The OWNERS reserve the right to use the real estate above-described for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this easement; provided, however, that the OWNERS shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNERS allow or cause any substantial fill or cut over said easement without the consent of said CITY, which consent shall not be unreasonably withheld. The CITY agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. After the construction is complete, owners shall accept responsibility for any settlement of the sewer trench which may occur. The CITY shall inde~nnify OWNFRS against any loss or damage which may occur in the exercise of the easement rights by the CITY~ except for loss which may be occasioned by a diminution in business durmg the temporary use of the area for repairs and/or maintenance. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nanIs shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 30 day of November , 1984 \ ~'qF.S P. GLASClOIt' · By: By: STATE OF IOWA COUNTY OF JOHNSON SS: On this 30 day of November , 1984, before me, the undersigned, a Notary Pu~in and for the State of Iowa, County of Johnson, personally appeared James P. Olas~o5 , tO me known to be the identical persoN(s) namea in and who executed the foregoing instrument and acknowledged that My commission expires they executed the same a~ ~eir voluntary act and deed. _- J~qJF~,,~l l~ ~nd for/Jthe State oi~ Iowa STATE OF IOWA COUNTY OF JOHNSON On this /~ day of signed, a Notary Public ) ) SS: .~)~c*m~m ~ A.D., 19~F, before me, the under- in and for the Sta~e of Iowa, personally appeared · --qr, s~,~ ~'~. ~or~,~,~. and ~rr~q~/q. /~,.,.. , to me personally known, who, being by me ~duly sworn, did say that'they. are the ~- . and (~-~4,~ ~](~1~ , respectively, of said md'nicipal corporation executing~the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed {and sealed) on behalf of said muni6ipal corporation by authority of its City Council; and that the said 3~.~q~o~m,_ and .'~Wi~r;~n K. ~r'~ as such officers acknowledged );)ne execution of said ~nstrument to l~e the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said County and State EXHIBIT A t 60.3'" 140.33' 60' R.O.W. TAFT SPEEDWA~"'--~ ..... · 20' TEMPORARY CONSTRUCTION EASEMENT 10' PERMANENT EASEMENT NO SCALE OWNER: JAMES P. GLASGOW DESCRIPTION OF ENTIRE TRACT: THE WESTERLY 200 FEET OF THE FOLLOWING DESCRIBED TRACT OF IRREGULAR SHAPE LOCATED IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THF 5TH P.M., TO-WIT: CO~.~IENCING AS A POINT OF REFERENCE AT THE CENTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WEST 817.5 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 IN 1HE NORTHWEST QUARTER OF SAID SECTION 3 TO THE POINT OF BEGINNING; THENCE NORTH 06°20'30" WEST 253.96 FEET TO AN POINT ON THE SOUTH LINE OF TAFT SPEEDWAY; T)IENCE NORTH 88°37' WEST 555.4 FEET TO AN IRON PIPE; THENCE SOUTIt 81°41' WEST 60.3 FEET TO AN IRON PIPE; THENCE SOUTH 00°26' EAST 778./ FEET TO THE IOWA RIVER BANK; THENCE SOUTHEASTERLY ALONG SAID IOWA RIVER BANK 73 FEET; THENCE NORTH 1~22' EAST 233.5 FEET TO AN IRON PIN: THENCE NORTH 5¢16' EAST 326.8 FEET TO AN IRON PIPE; THENCE NORTH 54°04' EAST 262.9 FEET TO THE POINT OF BEGINNING ON THE SOUTH SIDE OF SAID GOVERNMENT LOT 2. DESCRIPTION OF PERI~NENT EASENENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 10 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASENENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. NO SCALE OWNER: JAMES P. GLASGOW DESCRIPTION OF ENTIRE TRACT: THE WESTERLY 200 FEET OF THE FOLLOWING DESCRIBED TRACT OF IRREGULAR SHAPE LOCATED IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THF 5TH P.M., TO-WIT: COMMENCING AS A POINT OF REFERENCE AT THE CENTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WEST 817.5 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 IN 1HE NORTHWEST QUARTER OF SAID SECTION 3 TO THE POINT OF BEGINNING; THENCE NORTH 06°20'30" WEST 253.96 FEET TO AN POINT ON THE SOUTH LINE OF TAFT SPEEDWAY; THENCE NORTH 88°37' WEST 555.4 FEET TO AN IRON PIPE; THENCE SOUTH 81°41' WEST 60.3 FEET TO AN IRON PIPE; THENCE SOUTH 00°26' EAST 778.? FEET TO THE IOWA RIVER BANK; THENCE SOUTHEASTERLY ALONG SAID IOWA RIVER BANK 73 FEEl; THENCE NORTH 16°22' EAST 233.5 FEET TO AN IRON PIN: THENCE NORTH 58°16' EAST 326.8 FEET TO AN IRON PIPE; THENCE NORTH 54°04' EAST 262.9 FEET TO THE POINT OF BEGINNING ON THE SOUTH SIDE OF SAID GOVERNMENT LOT 2. DESCRIPTION OF PERMANENT EASENENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 10 FEET SOUTH OF TH£ NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICU LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. PERMANENT SANITARY SEWER EASEMENT THIS AGREEMENT, made and ent£red into by and between Bruce R. Glasgow and Florence Glasgow hereinafter referred to as ~O}INgRS," and the C((y of Iowa City, municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: The OWNERS hereby grant and convey to the CITY an exclusive permanent easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorpo~ rated by reference herein. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the CITY's rights pursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. 5. The CITY shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the flWNERS. The OWNEI~S reserve the right to use the real estate above-described for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this easement; provided, however, that the OWNERS sha)l not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNERS allow or cause any substantial fill or cut over said easement without the consent of said CITY, which consent shall not be unreasonably withheld. The CITY agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. After the construction is complete, owners shall accept responsibility for any settlement of the sewer trench which may occur. The CITY shall indemnify OWNERS against any loss or damage which may occur in the exercise of the easement. rights by the CITY~ except for loss which may be occasioned by a diminutmn in business durmg the temporary use of the area for repairs and/or maintenance. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove° nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. Dated this 30 day of November 1984 / R'I~'-ffCIT-~. --Cl-A-~,Ot~// By: . PERMANENT SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between hereinafter referred to as "O~NERS," and the City of Iowa City, Iowa, municipal corporation, hereinafter referred to as "CITY." IT IS HEREBY AGREED AS FOLLOWS: The OWNERS hereby grant and convey to the CITY an exclusive permanent easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorpo- rated by reference herein. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. The CITY shall have the right to trim and remove all trees and bushes r which may interfere with the exe clse of the CITY's rights ~ursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OtCNERS. The CITY shall have the right of easement area by such route as shall and inconvenience to the OWNERS. ingress and egress to and from the occasion the least practical damage The OWNERS reserve the right to use the real estate above-described for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this easement; provided, however, that the OWNERS shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNERS allow or cause any substantial fill or cut over said easement without the consent of said CITY, which consent shall not be unreasonably withheld. The CITY agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. After the construction is complete, owners shall accept responsibility for any settlement of the sewer trench which may occur. The CITY shall indemnify OWNERS against any loss or damage which may occur in the exercise of the easement rights by the CITY~ except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. The O[~NERS hereby grant and convey to the CITY an exclusive permanent easement for the purpose of constructing, maintaining and using sanitary sewers in the area described in "Exhibit A" attached hereto and incorpo- rated by reference herein. The OWNERS hereby covenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. The CITY shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the sanitary sewers. The CITY shall have the right to trim and remove all trees and bushes which may interfere with the exercise of the CITY's rights ~ursuant to this Easement; however, if valuable timber is removed, it shall continue to be the property of the OWNERS. 5. The CITY shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the OWNERS. The OWNERS reserve the right to use tile real estate above-described for purposes which shall not interfere with the CITY's full enjoyment of the rights granted in this easement; provided, however, that the OWNERS shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. Nor shall OWNERS allow or cause any substantial fill or cut over said easement without the consent of said CITY, which consent shall not be unreasonably withheld. The CITY agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. After the construction is complete, owners shall accept responsibility for any settlement of the sewer trench which may occur. The Cll'Y shall indemnify OWNERS against any loss or damage which may occur in the exercise of the easement rights by the CITY, except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs and/or maintenance. 9. The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties hereto, and all cove- nants shall apply to and run with the land. This perpetual easement shall be recorded at the time of its execution. STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On thts_~zI~._~ay of /~.~.~FA~-~ , 1984, before me, the undersigned, 8 Notary PubTic ln.~ndA for .t~e Stat~ ofJowa, ~ount~ o,( ~ohnson, personally appeared .~F~.~j4~y~( ~'¢u~/~m~-~' ~.~?F to ? k~ow~ to b? the ~dentlcal person{s) named in a6d who executeO the toregoing lnstrumen: and acknowledged that they executed the same as their voluntary act and deed, Nota~r {)P~u~b~c tn~7~an~he State of Iowa My commission expires STATE OF IOWA ) ) SS: COUNTY OF jOHNSON ) On this /~day of JD~c.~q~ , A.D., 19~, before me, the under- signed, ~t~ry Public in and for the State of Iowa, personally appeared J~ '7~.. #~,.~.~..... and71~r,~n~. ~¢r~- , to me personally known, who, being bj me duly sworn, did say that they are the ,?~+~>. and (~;wq CL~,~, ,, respectively, of sa~d mu/ficipal corporation executing~he within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed (and sealed) on behalf of said muni6ipal corporation by authority of its City Council; and that the said .~q~.~m~.-/Y~mc~.jd~.~ and ~'FT~r;~n ~' /<~r~ as such officers acknowledged ~h~ execution of said ~t~umen~ ~o be the voluntary act and deed of sa~d municipal corporation, by it and by them voluntarily executed. Notary Public in and for said County and State EXHIBIT A N 10' PERMANENTr EASEMENT 20' TEMPORARY CONSTRUCT ION EASEMENT NORTH U OWNER: WILLIAM K. MAAS, ROBERT G. SHELLADY, EARL M. YODER, ROBERT G. BARKER, DEAN OAKES, AND R. F. WOMBACHER DESCRIPTION OF ENTIRE TRACT: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE NORTH 09°21' FAST 85.4 FEET TO AN IRON PIPE ON THE SOUTH LINE OF TAFT SPEEDWAY IN IOWA CITY, IOWA; THENCE NORTH 09°06' WEST 60 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID TAFT SPEEDWAY AND THE PLACE OF BEGINNING; THENCE NORTH 81' 41' EAST 498.17 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID TAFT SPEEDWAY; THENCE NORTH 01° 24' WEST 682.24 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD; THENCE NORTH 80°29'45" WEST 325.24 FEET ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD; lHENCE NORTH 84°38' WEST APPROXIMATELY 170 FEET TO AN IRON PIPE ON THE SOUTH LINE OF SAID FOSTER ROAD; THENCE SOUTH 81°14' WEST 225.7 FEET TO AN IRON PIPE ON THE SOUTH LINE OF FOSTER ROAD; THENCE SOUTH 6~34' WEST 506 FEET TO AN IRON PIPE ON THE SOUIH LINE OF SAID FOSTER ROAD; THENCE SOUTH 01° 24' EAST 666.5 FEET TO AN IRON PIPE ON THE NORTH LINE OF TAFT SPEEDWAY; THENCE NORTH 83°30' EAST 690.9 FEET TO THE PLACE OF BEGINNING. DESCRIPTION OF PERMANENT EASEMENT: THE PORI'ION OF THE ABOVE DESCRIBED TRACT, SOUTH OF A LINE WHICH LIES 10 FEET NORTH OF THE SOUTH PROPERTY LINE OF OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: TIlE PORTION OF TIIE ABOVE DESCRIBED TRACT, SOUTH OF A LINE WHICtt LIES 30 FEET NORTH OF THE SOUTH PROPERTY LINE OF SAID TRACT, EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. 10' PERMANENT EASEMENT 20' TEMPORARY CONSTRUCTION EASEMENT .___-- ~ .60' TAFT SPEEDWAY R.O.W. OWNER: WILLIAM K. MAAS, ROBERT G. SHELLADY, EARL M. YODER, ROBERT G. BARKER, DEAN OAKES, AND R. F. WOMBACHER DESCRIPTION OF ENTIRE TRACT: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE NORTIt 09°21' EAST 85.4 FEET TO AN IRON PIPE ON THE SOUTH LINE OF TAFT SPEEDWAY IN IOWA CITY, IOWA; THENCE NORTH 09°06' WEST 60 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID TAFT SPEEDWAY AND THE PLACE OF BEGINNING; THENCE NORTH 81° 41' EAST 498.17 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID TAFT SPEEDWAY; THENCE NORTH 01°24' WEST 682.24 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD; THENCE NORTH 80°29'45" WEST 325.24 FEET ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF FOSTER ROAD; THENCE NORTH 8~38' WEST APPROXIMATELY 170 FEET TO AN IRON PIPE ON THE SOUTH LINE OF SAID FOSTER ROAD; THENCE SOUTH 8~ 14' WEST 225.7 FEET TO AN IRON PIPE ON THE SOUTH LINE OF FOSTER ROAD; THENCE SOUTH 6~ 34' WEST 506 FEET TO AN IRON PIPE ON THE SOUTH LINE OF SAID FOSTER ROAD; THENCE SOUTH 01'24' EAST 666.5 FEET TO AN IRON PIPE ON THE NORTH LINE OF TAFT SPEEDWAY; THENCE NORTH 83°30' EAST 690.9 FEET TO THE PLACE OF BEGINNING. DESCRIPTION OF PERMANENT EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, SOUTH OF A LINE WHICH LIES 10 FEET NORTH OF THE SOUTH PROPERTY LINE OF OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: TIlE PORTION OF THE ABOVE DESCRIBED TP, ACT, SOUTH OF A LINE WHICH LIES 30 FEET NORTH OF THE SOUTH PROPERTY LINE OF SAID TRACT, EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 30 day of November t 1984, before me, the undersigned, a Notary Pul--6T{~-in and for the State of Iowa, County of johnson, personally appeared Bruce R. Glasgow and Florence Glasgow , to me known to be the identical person{s) named in and who executed the foregoing instrument and acknowledged that they executed the .saMe a} ~hetr voluntary act and deed. ~pt~B~_~.~P~,,~l~m ,n ~nd for the State of Io.a ~y co~ission expires J.~ ~%J~ J . STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) (¢~ day of ~5 On this -l~c¢~A~ , A.D., 19~b~, before me, the under- signed, a Nota'ry Public in and for the State of Iowa, personally appeared 5~%,. vvt. /4~m~o:mz~ and7~l~r;a~.(q. ~Kv- , tO me personally known, who, being by me duly sworn, did say that they are the .~ae?r. and ~;~. 0(~ , r~spectively, of sa'~d municipal corporation executing ~he within and foregoing ~nstrument to which this is attached, that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed {and sealed) on behalf of said muni6tpal corporation by authority of its City Council; and that the said ~qw.~2, J~r~,~z~ and ~;~ ~. /l'~?? as such officers acknowledg68'the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for said County and State EXHIBIT A 415.07' y 60' R.O.W. TAFT S~EEDWAY 10' PERMAhENT EASEMENT 20' TEMPORARY CONSTRUCTION EASEMENT NORTH NO SCALE OWNER: BRUCE R. & FLORENCE GLASGOW DESCRIPTION OF ENTIRE TRACT: ALL OF THE FOLLOWING DESCRIBED TRACT OF IRREGULAR SHAPE LOCATED IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., EXCEPT THE WESTERLY 200 FEET THEREOF, TO-WIT: COMMENCING AS A POINT OF REFERENCE AT THE CENTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WEST 817.5 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 IN THE NORTHWEST QUARTER OF SAID SECTION 3 TO THE POINT OF BEGINNING; THENCE NORTH 06°20'30' WEST 253.96 FEET TO A POINT ON THE SOUTH LINE OF TAFT SPEEDWAY: THENCE NORTH 88°37' WEST 555.4 FEET TO AN IRON PIPE; THENCE SOUTH 81°41' WEST 60.3 FEET TO AN IRON PIPE; THENCE SOUTH 00°26' EAST 778.7 FEET TO THE IOWA RIVER BANK; THENCE SOUTHEASTERLY ALONG SAID IOWA RIVER BANK 73 FEET; TIIENCE NORTH 16°22' EAST 233.5 FEET TO AN IRON PIPE; THENCE NORTH 58°16' EAST 326.8 FEET TO AN 1RON PIPE; THENCE NORTH 54°04' EAST 262.9 FEET TO THE POINT OF BEGINNING. DESCRIPTION OF PERMANENT EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES lO FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMEN7. ~EMPORARY CONSIRUC~IDN kA~kMtNI NO SCALE OWNER: BRUCE R. & FLORENCE GLASGOW DESCRIPTION OF ENTIRE TRACT: ALL OF THE FOLLOWING DESCRIBED TRACT OF IRREGULAR SHAPE LOCATED IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., EXCEPT THE WESTERLY 200 FEET THEREOF, TO-WIT: COMMENCING AS A POINT OF REFERENCE AT THE CENTER OF SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA; THENCE WEST 817.5 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 IN THE NORTHWEST QUARTER OF SAID SECTION 3 TO THE POINT OF BEGINNING; THENCE NORTH 06°20'30' WEST 253.96 FEET TO A POINT ON THE SOUTH LINE OF TAFT SPEEDWAY: THENCE NORTH 88'37' WEST 555.4 FEET TO AN IRON PIPE; THENCE SOUTH 8~41' WEST 60.3 FEET TO AN IRON PIPE; THENCE SOUTH 00*26' EAST 778.7 FEET TO THE IOWA RIVER BANK; THENCE SOUTHEASTERLY ALONG SAID IOWA RIVER BANK 73 FEET; THENCE NORTH 16'22' EAST 233.5 FEET TO AN IRON PIPE; THENCE NORTH 58'16' EAST 326.8 FEET TO AN IRON PIPE; THENCE NORTH 54°04' EAST 262.9 FEET TO THE POINT OF BEGINNING. DESCRIPTION OF PERMANENT EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TPJ~CT, NORTH OF A LINE WHICH LIES 10 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. DESCRIPTION OF TEMPORARY EASEMENT: THE PORTION OF THE ABOVE DESCRIBED TRACT, NORTH OF A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID TRACT. EXCEPTING THE ABOVE DESCRIBED PERMANENT EASEMENT. RESOLUTION NO. 95-376 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE IVIAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE REDESIGN OF THE MELROSE AVENUE BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Iowa City desires to replace the Melrose Avenue bridge, which spans over the Iowa Interstate Railroad, and approach roadways from Olive Court in University Heights to just east of Hawkins Drive; and WHEREAS, the City of Iowa City desires to contract for the redesign of the bridge and approach roadways, which includes concept statement phase, preliminary plan phase, and final plan phase; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa; WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this t9th day of n~rember , 1995. ATTEST:/~4~ CITY-CLERK MAYOR Approved by, , City Attorney s Office Raeolutlon .No. 95-376. Page 2 It was moved by Novick and seconded by adopted, and upon rol~ call there were: Pigott . AYES: NAYS: ABSENT: X X ,X .the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _ /~~--~ , by and between the City of Iowa City, hereinafter referred to as the City and NNW, Inc. hereinafter referred to as the Consultant. day of [~ ~c~,-n/o.~- Iowa, a municipal corporation, of Iowa City WHEREAS, the City desires to improve the existing Melrose Avenue Bridge over the Iowa Interstate Railroad, including approach roadways. The City Council has determined the design parameters of the project and this agreement includes the design process from concept statement through preparation of bidding documents. The project termini are Olive Court in University Heights and Hawkins Drive. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 1. SCOPE OF SERVICES Consultant agrees to per/orm the following services for the City, and to do so in a timely and satisfactory manner. The following phases correspond with Iowa Department of Transportation critical path project development tasks. A. Concept Statement Phase: Prepare Concept Statement and Concept Plan of Corridor from west end of project limits to Byington Road. Participate in meetings with Iowa Department of Transportation and Federal Highway Administration personnel regarding the Concept Statement including negotiations regarding the bridge width and other design exceptions; Organize and participate in meetings and contacts with various utility companies, the Railroad, University of Iowa and other affected private and/or governmental entities as directed by the City Engineer; After approval of the Concept Statement Phase, work shall begin immediately on the Preliminary Plan phase. B. Preliminary Plan Phase: Olive Court in University Heights & Hawkins Drive. Up date existing topographic survey of area including cross sections of roadway, existing bridge and location of utilities; Meet with City staff, appropriate City Commissions and any neighborhood groups to determine aesthetic and neighborhood considerations for the project; Prepare a preliminary Type, Size and Location plan of the final proposed bridge for submittal to the Iowa Department of Transportation, the Iowa Interstate Railroad, the City Public Works Department and other appropriate officials of the City of Iowa City along with preliminary estimate of construction costs; Determine necessary additional Right-of-Way requirements and construction easements required for the project. After approval of the Preliminary Plan Phase, work shall begin immediately on the final Plan phase. C. Final Plan Phase: Prepare detail plans, specifications, contract documents and engineers estimate required for Iowa Department of Transportation letting. Plans shall include construction staging and traffic control necessary to maintain traffic during construction; Contract documents shall be in accordance with City, State and Federal requirements and shall use Iowa Department of Transportation Standard Specifications as base specifications; Provide necessary prints and calculations for review by City, Railroad, State and Federal agencies; Keep In contact with various utility companies, the Railroad, the University of Iowa and other affected private and/or governmental entities during design for purposes of project coordination. Review required construction drawings as well as detailed shop and erection drawings submitted by the contractor for compliance with the design concept of the proposed project; Organize and hold the City's preconstruction meeting to be held with the successful bidder to answer technical questions regarding construction of the project; Attend the following meetings and if required, make a presentation; a. As required with City staff for periodic discussion of project development. b. City Council meetings concerning public hearing. c. Meetings with Iowa Interstate Railroad officials. d. Neighborhood Groups. e. University Heights City Council. D. Special Services Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; Land surveys, title and easement seamhes and descriptions of boundaries and monuments and related office computations and drafting; Assist the City as expert witness in litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The intent of the City is to begin construction during the summer of 1996. The target IDOT letting date is June 4, 1996. The Consultant shall strive to complete the following phases of the Project in accordance with the schedule shown. Concept Statement Phase - Submit Concept Statement to I DOT - December 11,199 & Preliminary Design Phase - Submit TS&L to IDOT - January 16, 1995. Final Plan Phase - Submit Check Plans to IDOT - February 11, 1996. Submit Final Plans to IDOT - Mamh 13, 1996. If any phase of the project is delayed by the City or IDOT, the dates shall be revised to those that correspond to the nexl IDOT lelting date. III. GENERAL TERMS The Consultant shall not commit any of the following employment 3ractices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, gender' i dent. i religion,sex, national origin, disability, age, marital status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex. national origin,gender' J dent.~' disability, age, marital status, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "amount not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is furlher agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 3 IV, At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth In this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. The Consuffanl agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Co~u~tant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in fuit force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies of the Consultant's own filling use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto, with a maximum not to exceed amount for each phase: Concept Statement Phase: Three Thousand Six Hundred do!lars ($3,600.00). Preliminary Plan Phase: Five Thousend Four Hundred dollars ($5,400.00). Final Plan Phase: Sixty-Seven Thousand Eight Hundred dollars ($62,800.00). V. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY FOR THE CONSULTANT Title: -77~>~ ~ Title: Date:~.. /~, /9~ Date: ' orney's Office APPENDIX A NNW, INC, ENGINEERING SERVICES PROFESSIONAL COMPENSATION The fee for professional services shall be based upon the following hourly rates for services by principals and employees assigned to the project. Description Rate/Hour 1. LABOR Principal Structural Engineer Structural Engineer (Grade 6) Structural Engineer (Grade 5) Technician/Draftsperson Clerical $75.00 $60.00 $45.00 $30.O0 $25.00 RESOLUTION NO. 95-377 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEIVIENT BETWEEN MMS CONSULTANTS, INC. OF 10WA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEP- TOR AND RELIEF SEWERS PROJECT. WHEREAS, the City of Iowa City has received bids and awarded a contract for construction of the Wastewater Treatment and Collection Facility Improvements, Contract 1 - South River Corridor Interceptor and Relief Sewers Project ("Project"); and WHEREAS, the City is responsible for establishing and maintaining horizontal and vertical control along the route of the Project; and WHEREAS, staff has negotiated an agreement with MMS Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for construction survey services in order to provide construction staking and layout services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in triplicate. Passed and approved this 19th day of December ,1995. ATTEST:c~ Approved by It was moved by Pigott and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x x x Baker Horowitz Kubby Lehman Novick Pigott Throgmorton CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this (c~ -- day of , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc., Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City has received bids for construction of the Wastewater Treatment and Coliection Facility Improvements, Contract 1 - South River Corridor Interceptor and Relief Sewers Project ("Project"); and WHEREAS, the City is responsible for establishing and maintaining horizontal and vertical control along the route of the Project; and WHEREAS, staff has negotiated an agreement with MMS Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for construction survey services in order to provide construction staking and layout services for the Project. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES As part of the City's obligations to construct the above Project and pursuant to the construction contract between the City and the successful bidder (hereafter "Contractor"), the Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. PROVIDE HORIZONTAL & VERTICAL CONTROL Double run bench level circuits along the Project interceptor sewer route to establish vertical ground control and to confirm planned elevations at critical locations. Set elevation monuments approximately every one-fourth mile along the Project interceptor sewer route. Traverse control points along the Project interceptor sewer routes to confirm and/or establish adequate horizontal ground control for use during construction of the planned improvements. B. CONSTRUCTION LAYOUT & STAKING Set survey stakes at Project manholes and sewer bend locations using offsets selected by the Contractor. Establish line and grade for Project interceptor sewers at offset{s) selected by the Contractor. Set elevation control at approximately 300-foot intervals along the Project interceptor sewer route for use by the inspector and Contractor to confirm sewer elevation at any location along the route. These elevation check points 2 o 10. 11. 12, 13. 14. 15. 16, 17, shall be placed on one side of the proposed Project interceptor sewer at the construction limit line. Set survey hub and lath at approximately 150-foot intervals along each side of the Project interceptor sewer route to delineate the temporary construction limits shown on the plans. Set whatever survey stakes the Contractor and/or Subcontractors may require for horizontal and vertical control for the following Project interceptor sewer improvements: Junction structures Creek crossing structure Jacked casings and crossings Provide survey stakes for Project storm intakes and manholes using offsets selected by the Contractor. Provide line and grade for Project storm sewers at offsetIs) selected by the Contractor. Provide line and grade at approximately 25-foot intervals for Project pavement removal and replacement. Provide top of curb elevation and orientation information for Project storm intake construction, as required. Set and mark island and return radius points. Establish the location of existing field and chain link fences that are noted to be removed and replaced. Provide survey stakes establishing the location of proposed new fences noted on the plans, Set survey stakes as required by the Contractor to perform the planned excavation and riprap aiong Ralston Creek channel as detailed on the plans. Set survey stakes to grade, as required by the Contractor, and shape the Napoleon Park softball fields and parking area as detailed on the plans. Verify location and elevation of existing sewers, structures, and utilities as may be requested by the Contractor and/or inspector, Restake all parking areas, driveways, culverts and drainage tile removed and replaced and/or constructed as part of the Project. Christopher M, Stephan, P.E. and/or Glen D, Meisner, P.E. & L.S. will be available to coordinate Project construction staking activities, and will be available to the City for project meetings. 3 C. ADDITIONAL REQUIREMENTS The City will provide notification of all changes affecting layout and staking for all of item B above. Restaking to maintain horizontal and vertical control will be provided by Consultant. However, restaking required due to Contractor negligence or failure to protect completed work will not be provided. Any further staking not contemplated in this Agreement will be considered extra work, and will be provided at Consultant's standard hourly rate in effect at the time the work is performed. A copy of Consultant's current rate schedule is attached. The City will provide 24-hour prior notice before construction survey staking and layout services are required. 4. The City will provide necessary plans, specifications addenda Consultant's use. D. WORK NOT INCLUDED IN THIS PROPOSAL 1. Measurement for and preparation of "Record-of-Construction" drawings· 2. Structural design of shores, forms and similar items. Soil engineering services; i.e. Proctor determinations, field soil density tests, etc. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. PROVIDE HORIZONTAL & VERTICAL CONTROL: Begin one (1) week after written execution of the Agreement. CONSTRUCTION LAYOUT & STAKING: Concurrently with construction of Contract 1 of the Project. II1. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation , or gender identity. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national orig;n, disability, age, marital status, sexual orient, ation or gender ident, it,~v. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such 4 Fo sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state. federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computa- tions, and any other data pre~,ared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific tasks covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a professional engineer and/or land surveyor affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. 5 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. CONIPENSATION FOR SERVICES The Consultant shall invoice a percentage of the Lump Sum amount, based on Contractor progress according to the table attached as Exhibit "A." B. TOTAL LUMP SUM: $181,500.00 V. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited, FOR THE CiTY Title: 'TTto.~0p v' FOR ~THE CONSU~.TANT By: ~ Date: .~CP_n~r~ ~9, / ??.5 Date: ATTEST: ~ ~, City Attorney's Office /,~ _ ~Z_/~- MMS Consultants, Inc. will invoice a according to the following table: Exhibit A percentage of the Lump Sum (LS) amount based on Contractor progress Peruertl Percent of Percent Pement of Contractor LS Amount Contractor LS Amount Complete Billed Complete Billed 1 2 51 52 2 5 52 53 3 8 53 53 4 11 54 54 5 13 55 55 6 15 56 55 7 17 57 56 8 18 58 57 9 19 59 57 10 21 60 58 11 22 61 58 12 23 62 59 13 24 63 59 14 25 64 60 15 26 65 60 16 27 66 61 17 27 67 62 18 28 68 62 19 29 69 63 20 30 70 63 21 31 71 64 22 31 72 65 23 31 73 66 24 32 74 67 25 33 75 68 26 34 76 68 27 35 77 69 28 36 78 69 29 37 79 70 30 38 80 71 31 39 81 73 32 39 82 75 33 40 83 76 34 41 84 77 35 42 85 78 36 43 86 79 37 44 87 80 38 44 88 81 39 45 89 83 40 45 90 85 41 46 91 88 42 46 92 90 43 47 93 91 44 48 94 93 45 48 95 95 46 49 96 97 47 49 97 99 48 50 98 100 49 51 99 50 52 100 7 MMS CONSULTANTS, INC. 1995 RATE SCHEDULE WORK CODE _DESCRIPTION AMOUNT/HOUR 11 Professional Engineer I $56.75/Hr. 12 Professional Engineer II $52.75/Hr. 13 Professional Engineer III $49.75/Hr. 14 Professional Engineer IV $47.00/Hr. 21 Landscape Architect I $56.75/Hr. 22 Landscape Architect II $51.00/Hr. 23 Landscape Architect Ill $43.00/Hr. 24 Landscape Architect IV $32.25/Hr. 31 Land Surveyor I $56.75/Hr. 32 Land Surveyor II $52.75/Hr. 33 Land Surveyor Ill $49.75/Hr. 41 Engineering Technician I $45.35/Hr. 42 Engineering Technician II $38.40/Hr. 43 Engineering Technician III $31.25/Hr. 44 Engineering Technician IV $28.25/Hr. 61 Survey Party Chief $39.00/Hr. 62 Instrument Man $27.00/Hr. 63 Rodman/Chainman $42.00/Hr. 71 Const. Survey Party Chief $33.50/Hr. 72 Const. Instrument Man $22.50/Hr. 82 Cledcal $~0/Hr. 86 Expert W~tness ~C_~,~[~, RESOLUTION NO. 95-378 A RESOLUTION AUTHORIZING THE IVIAYOR TO SIGN AND CITY CLERK ATTEST AIVIENDIVIENT NO. 2 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC., OF IVIUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF CONTRACT 1 - SOUTH RIVER CORRIDOR INTERCEPTOR AND RELIEF SEWERS PROJECT. WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa and Stanley Consultants, Inc. entered into an agreement for consulting services for improvements to the wastewater treatment and collection facilities; and WHEREAS, the City received bids and awarded a contract for construction of Contract 1 - South River Corridor Interceptor and Relief Sewers Project (Project); and WHEREAS, it is desirable for Stanley Consultants, Inc. to provide limited engineering consulting services during Project construction; and WHEREAS, staff has negotiated Amendment No. 2 to the October 26, 1993 Agreement with Stanley Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into the amended agreement with Stanley Consultants, Inc., for limited engineering consulting services during construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Amendment No. 2 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in triplicate. Passed and approved this 19th day of December ,1995. ATTEST:c~ Approved by ~t~y Attorney s Office,2 Resoluticn No. 95-378. Page 2 It was moved by Novirk _ and seconded by_ adopted, and upon rol~ call there were: the Resolution be . AYES: NAYS: ABSENT: X X Baker Horowitz Kubby , Lehman Novick Pigott Throgmorton AMENDMENT NO. 2 CONSULTANT AGREEMENT CITY OF IOWA CITY, IOWA AND STANI~Y CONSULTANTS, INC. WHEREAS, on the 26th day of October 1993, the City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTAND entered into an Agreement for consulting senrices for improvements to the wastewater treatment and collection facilities, and WHEREAS the Parties desire to amend said Agreement, THEREFORE, the Parties agree as follows: A. Part I - SCOPE OF SF..RVICF_.S, side heading I., SCOPE OF SERVICES, is amended to add Item D. as follows: D. Construction Phase Construction Phase will consist of office based consultant services to assist CITY in implementing construction contracts. CITY will provide required field staff and administer construction contracts. All CONTRACTOR'S communications and submittals shall be to CITY with exception of shop drawings which shall be simultaneously submitted to CITY and CONSULTANT. Specific CONSULTANT services are as follows: 1. Contract 1 a. Attend Preconstruction Conference and first four Progress Meetings. Review CONTRACTORS shop drawing submittals for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Reviewed shop drawings Mth review comments, ff any, shall be transmitted to CITY. c. Review acceptability of substitute materials and equipment proposed by CONTRACTOR. d. Interpret and make determinations with regard to requirements of Contract Documents. Make site visits to observe construction work and report observations to CITY. Site visits shall be once per month and not more than one day duration. CITY shall retain primary responsibility for observation and inspection of tbe progress and quality of construction work. CITY shall provide certification to Iowa Department of Natural Resources that Project was constructed in accordance with approved plans and specifications. f. Conduct final inspection with CITY to assist CITY in determining if the Project has been fully completed in accordance with the Contract Documents. Visit concrete pipe manufacturing plant to observe manufacturing, storage, and testing facilities. Visit shall not exceed one day duration at plant site. Prepare report to CITY summarizing results of plant visit. Prepare Record Drawings showing those changes made during construction, based on information furnished by the CITY. Provide one set of reproducible drawings, one set of full size prints, and a CADD data file of these Record Drawings. B. Part II - TIME OF COMPLETION is amended to add thixd paragraph as follows: The CONSULTANT shall complete Construction Phase services in approximate accordance with the requkements of the CONTRACTOR'S construction schedule. C. Part 1V - COMPENSATION FOR SERVICES, side heading B., Methods and Amount, Item 1., is amended to add Construction Phase as follows: Phase Description Lump Sum Fee Construction Phase. Contract 1 $ 85,000 D. Part IV - COMPENSATION FOR SERVICES, side heading C., Payments, is amended to add Item 4 as follows: CONSULTANT shall submit monthly statements for Construction Phase in accordance with payment schedule attached as Exhibit A. The payment schedule is based on CONTRACTORS estimated percent of completion of construction. CITY shall make prompt payments. The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with additional Construction Phase services for the project and to set the means of compensation therefor. ~ll other terms and conditions of the original contract remain in force and effect, except as amended hereto by these additions. FOR THE CITY Title: 'TT/o~t,-. Date: _,~eem be. FOR THE CONSULTANT Title: Date: Attest: Approved by: C4~ty Attorney s Office/~. Date: EXHIBIT A Stanley Consultants will invoice a percentage of the lump sum (LS) amount based on contractor progress according to the following table: Percent Percent of Percent Percent of Contractor LS Amount Contractor LS Amount Comolete Billed Complete Billed 1 2 51 52 2 5 52 53 3 8 53 53 4 11 54 54 5 13 55 55 6 15 56 55 7 17 57 56 8 18 58 57 9 19 59 57 10 21 60 58 11 22 61 58 12 23 62 59 13 24 63 59 14 25 64 60 15 26 65 60 16 27 66 61 17 27 67 62 18 28 68 62 19 29 69 63 20 30 70 63 21 30 71 64 22 31 72 65 23 31 73 66 24 32 74 67 25 33 75 68 26 34 76 68 27 35 77 69 28 36 78 69 29 37 79 70 30 38 80 71 31 39 81 73 32 39 82 74 33 4O 83 75 34 41 84 76 35 42 85 77 36 43 86 78 37 44 87 79 38 44 88 8O 39 45 89 81 40 45 90 83 41 46 91 85 42 46 92 88 43 47 93 90 44 48 94 91 45 48 95 93 46 49 96 95 47 49 97 97 48 50 98 99 49 51 99 100 50 52 100 RESOLUTION NO. 95-379 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NO. 3 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa and Stanley Consultants, Inc, entered into an agreement for consulting services for improvements to the wastewater treatment and collection facilities; and WHEREAS, Stanley Consultants, Inc. has completed final design work and has prepared two construction projects for bidding the work: Contract 1 - South River Corridor Interceptor and Relief Sewers Project and Contract 2 - Wastewater Treatment and Pumping Improvements; and WHEREAS, the City and the Iowa Department of Natural Resources have tentatively agreed to a delayed construction schedule for the wastewater treatment and collection improve- ments; and WHEREAS, the City now desires to bid three construction contracts which include Contract 1 - South River Corridor Interceptor and Relief Sewers Project; Contract 2 - Napoleon Park Pump Station and North Wastewater Treatment Plant Improvements, to now include the following new components: 1) holding tank waste dump station at the north wastewater plant, 2) new bar screen equipment to replace existing bar screen equipment at both north plant and south plant influent pump stations, and 3) fiber optic line from Napoleon Park pumping station to north plant; and Contract 3 - South Wastewater Treatment Plant Improvements; and WHEREAS, City staff has negotiated Amendment Number 3 to the October 26, 1993 Agreement with Stanley Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into the amended agreement with Stanley Consultants, Inc. to prepare three construction contracts, which includes the new project components. NOW, THEREFORE, E~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Amendment No. 3 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in triplicate, Resolution No, 95-379 Page 2 Passed and approved this 19th day of December · 1995. ATTEST: ~]'(~.~.) CITY'CLERK It was moved by Pigott and seconded by Thro~morton adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton AMENDMENT NO. 3 CONSULTANT AGREEMENT CITY OF IOWA CITY, IOWA AND STANLEY CONSULTANTS, INC. WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT) entered into an Agreement for consulting services for improvements to the wastewater treatment and collection facilities, and WHEREAS, the Parties desire to amend said Agreement, THEREFORE, the Parties agree as follows: Part I - SCOPE OF SERVICES, subheading B, FINAL DESIGN PHASE, is amended to add Item 12 as follows: 12. Repackage previously completed final drawings and specifications for Contract 2 - Wastewater Treatment and Pumping Improvements into new Contract 2 - Napoleon Park Pumping Station and North Plant Improvement and Contract 3 - South Plant Improvements. Design new, additional project components, and include in Contract 2. Repackaged contracts and new component design are described as follows: Edit previously completed Contract 2 final specifications to prepare new Contract 2 final specifications. Edit previously completed Contract 2 final specifications to prepare new Contract 3 final specifications. Rearrange and modify previously completed Contract 2 final drawings to prepare new Contract 2 final drawings. Rearrange and modify previously completed Contract 2 final drawings to prepare new Contract 3 final drawings. Design and prepare final drawings and specifications for following new, additional project components: Holding Tank Waste (liquid waste) Dump Station at North Plant. New bar screen equipment to replace existing bar screen equipment at both North Plant and South Plant Influent Pumping Stations. Fiber optic line from Napoleon Park Pumping Station to North Plant. fo Prepare revised Contract 2 and Contract 3 permit application forms and resubmit t~ Iowa DNR. 2 Print additional sets of Contract 3 specifications for permitting, bidding and CITY use. Print additional drawings required by repackaging Contract 2 for permitting bidding, and CITY use. Part I - SCOPE OF SERVICES, subheading C, Bidding Phase is amended to add 7, as follows: Bidding Phase services shall be provided for repackaged Contract 2 - Napoleon Park Pumping Station and North Plant Improvements and Contract 3 - South Plant Improvements in lieu of original combined Contract 2 - Wastewater Treatment and Pumping Improvements. Part II - TIME OF COMPLETION is amended to add fourth paragraph as follows: Repackaged Contract 2 - Napoleon Park Pumping Station and North Plant Improve- ments shall be completed for Public Hearing on April 9, 1996, and Bid Opening on May 21, 1996. Repackaged Contract 3 - South Plant Improvements shall have final drawings and specifications completed by April 1, 1996. Bidding Phase Services for repackaged Contract 3 are assumed to be completed by April 1, 1998, or Bidding Phase Lump Sum Fee will be negotiated for escalation amount. Part IV - COMPENSATION FOR SERVICES, subheading B, Methods and Amount, Item 1. is amended to read as follows: 1. CITY~N~CONSULTANT for services included in Scope of Services lump sum for amounts as follows: Phase Description Lump Sum Fee Design Outline Phase Final Design Phase Bidding Phase Construction Phase - Contract 1 Repackage Original Contract 2 into new Contracts 2 and 3 and Design New Project Components $ 318,000 1,648,000 65,000 85,000 79,000 Total: ~2,1 95,000 Part IV - COMPENSATION FOR SERVICES, subheading C, Payments, Item 3. is amended to read as follows: CONSULTANT shall submit statements for Bidding Phase in accordance with payment schedule tabulated below. The fee schedule is based on estimated percent of completion of CONSULTANT's Scope of Services for each construction contract listed: 3 Construction Contract Percent of Bidding Phase Lump Sum Fee Contract 1 - South River Corridor Interceptor and Relief Sewers Bid Opening Contract Award 20 10 Contract 2 - Napoleon Park Pumping Station and North Plant Improvements Bid Opening Contract Award 20 10 Contract 3 - South Plant Improvements Bid Opening Contract Award 30 Total: 100% Eo Part IV - COMPENSATION FOR SERVICES, subheading C, Payments, is amended to add Item 5 as follows: CONSULTANT shall submit statements for repackaging original Contract 2 into new Contracts 2 and 3 and designing new project components in accordance with payment schedule tabulated below. Percent of Di(~ding P~'o~o Construction Contract Lump Sum Fee Final Contract 2 Drawings and Specifications Submittal to Iowa ~)NR and CITY 70 Final Contract 3 Drawings and Specifications Submitted to Iowa DNR and CITY 30 The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with additional services to repackage previously completed Contract 2 - Wastewater Treatment and Pumping Improvements into new Contract 2 - Napoleon Park Pumping Station and North Plant Improvements and new Contract 3 - South Plant Improvements, to design new project components, and to set the means of compensation therefor. All other terms and conditions of the original contract remain in force and effect, except as amended hereto by these additions. 4 FOR THE CITY Title: ~ Date:. I)e~.~ 19j By: FOR THE CONSULTANT Title: Date: Attest; Approved by: "~it~' / ' s Date: RESOLUTION NO. 95-380 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION, WHEREAS, Donna Johnson (formerly Prohaska), mother, and Mary Ann Prohaska, child, filed a lawsuit in the Johnson CounW District Court, No. 55744, against the City of Iowa City with regard to injuries sustained by Mary Ann Prohaska on June 30, 1992, as a result of a collision between an automobile and the bicycle she was riding within an uncontrolled intersection in Iowa City, Iowa; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the claim without further litigation; and WHEREAS, the City Council authorized the City Attorney to enter into a settlement agreement with Donna Johnson and Mary Ann Prohaska and with the City's excess liability insurance carrier, as in the best interest of the City and the parties involved; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Donna Johnson and Mary Ann Prohaska in the amount of $162,000.00 in full satisfaction of any and all claims which claimants and/or parties may have against the City in the above matter, in consideration of Donna Johnson's and Mary Ann Prohaska's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Johnson County District Court case No. 55744 should be and is hereby settled, and said settlement, as previously discussed in executive session on October 10, 1995, is hereby ratified for the total sum of $162,OO0.00, including excess liability carrier participation, payable to Donna Johnson and Mary Ann Prohaska and their attorney of record, in full satisfaction of any and all claims. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release and dismissal of Johnson County District Court case No. 55744, with prejudice. Passed and approved this ]9th day of December , 1995. Approved by Resolution No. 95-380 Page 2 I~ was moved by Nnv~l~ and seconded by adopted, and upon rol~ call there were: · AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ,the Resolution be