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HomeMy WebLinkAbout2005-04-05 Resolution L Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-125 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wi't,: First Avenue Club 1550 First Avenue Passed and approved this 5th day of Apr11 ,20 05 CiTY'CLERK ..... It was moved by Champion and seconded by Bai 1 e,.v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-126 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of April, 2005, at 7:00 p.m. in Emma J. Harvat Hall,'City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That 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. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of Apri] ,2005. City'Clerk Approved by: C~t~, ~,tto~neyfs O~ce Resolution No. 05-126 Page 2 It was moved by Champi0n and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-127 RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 19, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of April, 2005, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That 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. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of r"il ,2005. City~;lerk Approved by: City Attorn~'y s Office Resolution No. 05-127 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 05-128 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2005 OPERATING BUDGET, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing to permit any citizen to be heard for or against the proposed amendment to the FY2005 Operating Budget should be and is hereby set for April 19, 2005, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 5th day of April ,2005. Approved by Cl~['y '~31r_E RK City Attorney's Office ~,~,. It was moved by Champi on and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn finadmYes~operbdg.doc Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 05-129 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WASHINGTON MUTUAL, PITTSBURGH, PENNSYLVANIA FOR PROPERTY LOCATED 631 5th AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note in the amount of $6,323.51, executed by the owner of the property on May 10, 1989 and recorded on July !2, 1989, in Book 1070, Page 81 in the Johnson County Recorder's Office covering the following described real estate: Lot one (1) in Block Forty (40) in East Iowa City, Johnston County, Iowa, according to the recorded plat thereof. WHEREAS, said Promissory Note is a "Life Lien" on said real estate; and WHEREAS, Washington Mutual is refinancing a mortgage in the amount of $113,500 to the owner of 631 5th. Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Washington Mutual has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Washington Mutual; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. 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 subordination agreement between the City of Iowa City and Washington Mutual, Pittsburgh, Pennsylvania. Passed and approved this 5th day of Apri 1 ., 20 05 CITY~LERK City Attorney's Office Resolution No. 05-129 Page 2 It was moved by Champi on and seconded by Bai'l e~, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Yanderhoef Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and WashinRton Mutual, Pittsburgh, PA, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortqa~e which at this time are in the amount of $6,323,51, and where executed by Mary Fowler (herein the Owner), dated May 10, 1989, recorded July 12, 1989, in Book 1070, Page 81, Johnson County Recorder's Office, covering the following described real property: Lot one (1) in Block Forty (40) in East Iowa City, Johnson County, Iowa, according to the recorded plot thereof WHEREAS, the Financial Institution prOposes to loan the sum of $113,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort~la~le held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortcla~le of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representative, successors, and assigns of the parties hereto. Dated this 21 day of March, 2005 CITY OF IOWA CITY Mayor Represede_cl~y El~abet~Grogan per Washington Mutual Bank F.A. Attest: di~t~lerk ' ' ' CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5 day of /}P£t L- ,20 O5, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared t~,,,,.~q- t~. I..-4,~,~n and Marian K. Karr, to me personally know, and who, being by me duly sworn, did say they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordi~anae) (Resolution) No. oS -/,~ passed (the Resolution adopted) by the City Council, under Roll Call No. · of the City Council on the 5 day of .f)?,e/c ., 20 o5, and that tfrr~q- tO. L, eg_r~t~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 14~.t~ I SONDRAE FORT z°i~i~lCommission Number 159791 ~r'/~',~,, ' ~ 'l My Commission E~ires I ~l g-?- ob ! Nota~ Public in and for the State of Iowa SUBORDINATION AGREEMENT PAGE 3 STATE OF PENNSYLVANIA ) ) SS: ALLEGHENY COUNTY ) On this 21st day of March, 2005, before me, the undersigned, a Notary Public in and for the State of Pennsylvania, personally appeared Elizabeth Grogan, to me personally known, who is being by me duly sworn, did say that he/she is the Representative of The Financial Institution (Washington Mutual Bank F.A.), that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Vince Imbrogno, a Notary, acknowledged the execution of said instrument to be voluntary act and deed of said corporation, by it and by him/her voluntarily executed. COM,viONWEALTI-I OF PENNSYLVANIA Notary Public in and for the State of Pennsylvania Notarial Seal { Vincent J. lmbrogno, Notary PuMk~ Moon Twp., Allegheny ~ My Commission Expin~ J~ 10, J00? Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-130 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1927 GRANTWOOD STREET, IOWA CITY, IOWA. WHEREAS, on March 1, 2004, the owner of 1927 Grantwood Street executed a Second Mortgage in the amount of $24,400 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the loan was fully paid on March 31, 2005; WHEREAS, the owner also executed a Resale Agreement on March 1, 2004; WHEREAS, the owner has met the obligations contained in the Resale Agreement; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 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 1927 Grantwood Street, Iowa City, Iowa from the Mortgage recorded on March 10, 2004, at Book 3705, Page 352, at the Johnson County Recorder's Office, and from the Resale Agreement for Property Located at 1927 Grantwood Street, dated March 1, 2004. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the mortgagor. Passed and approved this 5th day of April ,2005. MAYOR ClTY"~LERK City Attorney's Office Resolution No. 05-130 Page 2 It was moved by Charnpi on and seconded by Bai l e.y the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1927 Grantwood Street, Iowa City, Iowa, and legally described as follows: Lot 153 in Mount Prospect Addition Part III to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 15, page 76, Plat Records of Johnson County, Iowa, from an obligation of the property owner, Tanya Marie Luckett, to the City of Iowa City in the principal amount of $24,400 represented by a Second Mortgage recorded on March 10, 2004, at Book 3705, Page 352, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Tanya Marie Luckett, to the City of Iowa City contained in the Resale Agreement for Property Located at 1927 Grantwood Street. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Ernest W. Lehman, Mayor M~-an K. Karr, City Clerk App~,.~.~D~ 3 -~ ~' ~ ca\~ City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY) On this ~ day of t~e~.,t ~- ,2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ernest W. Lehman and Marian K. Kart, 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 municipal corporation; that said insmanent was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ,~t ~,. SONDRAE FORTI ~° ill~li ~. Commission Number 1597911 ~ ';~"~ '~l~[ ' My Commission Expires I ~ :S- ~'~ o~ I Notary Public in and for the State of Iowa Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-131 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT '1927 GRANTWOOD STREET, IOWA CITY, IOWA. WHEREAS, on March 31, 2005, the owners of 1927 Grantwood Street executed a Second Mortgage in the amount of $31,500 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the Home within fifteen (15) years; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA' CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached Resale and Occupancy Agreement. Passed and approved this 5th day of April ,2005. Approved by (~ITY"-CLERK ' City Attorney's Office It was moved by Champion and seconded by Ba i l ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ORIGINAL RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 1927 GRANTWOOD STREET This Agreement is made between Juan M. Neutze and Adriana Neutze, husband and wife, (hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase from Tanya Marie Luckett, a single person, the following-described real property located in Johnson Cotmty, Iowa: Lot 153 in Mount Prospect Addition Part III to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 15, page 76, Plat Records of Johnson County, Iowa, with a street address of 1927 Grantwood Street, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, the City had previously sold the property to Tanya Marie Luckett through the Tenant to Ownership Program; and WHEREAS, as a condition of said sale, Tanya Marie Luckett and the City entered into a Resale and Occupancy Agreement whereby Tanya Marie Luckett agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyers with a $31,500 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Buyers hereby agree and covenant that the property shall be owner occupied by Buyers for a period of not less than 15 years from the date of purchase, or until such time as the property is resold. If the property is resold, Buyers hereby agree and covenant that they shall comply with the remaining provisions of this agreement. 2. If Buyers pay off the second mortgage to the City in full prior to March 31, 2020, the property shall remain owner occupied by Buyers unless the property is resold consistent with the provisions of this Agreement. 3. Prior to March 31, 2020, Buyers shall not lease any interest in the property. 4. The City's second mortgage in the amount of $31,500 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyers agree to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyers wish to resell the property prior to March 31, 2020, the property must be sold to an income-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyers accept a purchase offer. 6. Should Buyers desire to resell the property prior to March 31, 2020, they must immediately notify the City of their intent to sell and must actively market the property. 7. If Buyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to March 31, 2020, Buyers and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by the Buyers as a result of the sale depends on the number of years the Buyers occupy the property prior to resale according to the schedule attached hereto as "Exhibit 9. If resale of the property occurs prior to March 31, 2020, Buyers agree to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyers further agree that the $300 fee will be paid at the time of closing on said resale. 10. If Buyers are no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If the Buyers cease making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure.of the City's second mortgage to enable the City to resell the house to an eligible property owner. 11. This Agreement shall be an "obligation" of Buyers under Paragraph 2 of the second mortgage. Violation of this Agreement by Buyers shall be an "event of default" under Paragraph 15 of the second mortgage. Signed this ~ [ 'g'~ day of (~A.~ ~'O1~ ,2005. BUYERS CITY OF IOWA CITY, IOWA ~~ ~ By / Ju~n~l~. N~ze Ernest W. Lehman, Mayor ' A-driana iqe~tze~ - Marian K. Karr, City Clerk EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 15 4 20 5 30 6 40 7 50 8 60 9 70 10 80 11 80 12 80 13 80 14 80 15 100 Prepared by: Susan Dulek, Assistant City Attomey, 410 E. Washington St., Iowa Cityl IA 52240-319-356-5030 RESOLUTION NO. 05-132 RESOLUTION AUTHORIZING THE MAYOR TO CONCUR WITH A MEMORANDUM OF AGREEMENT BETWEEN THE FAA AND THE IOWA STATE HISTORIC PRESERVATION OFFICER REGARDING THE RUNWAY 7125 EXTENSION PROJECT AND THE OLD UNITED HANGAR, WHEREAS, the Runway 7/25 Extension Project requires the demolition of the Old United Hangar; WHEREAS, because the Old United Hangar is eligible for inclusion in the National Register of Historic Places, the FAA and the Iowa State Historic Preservation Officer (SHPO) intend to enter into a Memorandum of Agreement (MOA) to document the Old United Hangar; a copy of which is attached, marked Exhibit A, and incorporated herein; WHEREAS, the FAA and SHPO have invited the City of iowa City and the Iowa City Airport Commission to concur with the MOA; and WHEREAS, the Iowa City Airport Commission does concur with the MOA; and WHEREAS, the costs to the Commission to fulfill the MOA requirements are eligible for reimbursement under the runway extension grant; and WHEREAS, it is in the best interest of the City to concur with the MOA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA THAT: The Mayor is hereby authorized to sign the MOA, a copy of which is attached as Exhibit A. Passed and approved this 5th day of Apri 1 ,2005. Approved by CITY'CLERK City Attorney's Office Resolution No. 05-132 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X VVilburn EXHIBIT "A" MEMORANDUM OF AGREEMENT BETWEEN THE U.S. FEDERAL AVIATION ADMINISTRATION AND THE IOWA STATE HISTORIC PRESERVATION OFFICER REGARDING THE RUNWAY EXTENSION PROJECT AT THE IOWA CITY MUNICIPAL AIRPORT, IOWA CITY, JOHNSON COUNTY, IOWA WHEREAS, the U.S. Federal Aviation Administration, Central Region (the FAA) has determined that the runway extension project at the Iowa City Municipal Airport will have an adverse effect on historic property due to the demolition of the Old United Hangar (inventory #52-04404), which is eligible for inclusion in the National Register of Historic Places (NRHP), and, WHEREAS the FAA has consulted with the Iowa State Historic Preservation Officer (hereinafter, SHPO) in accordance with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470 (the Act), and its implementing regulations (36 CFR Part 800); and WHEREAS, the FAA has consulted with the SHPO pursuant to 36 CFR 800.2(c)(1) and have come to an agreement on the project Area of Potential Effects (hereinafter, APE) pursuant to 36 CFR 800.4(a)(1); and, WHEREAS, the Advisory Council on Historic Preservation (hereafter Council) has been notified of the adverse effect finding and has been invited to enter into consultation pursuant to 36 CFR 800.6 (a)(1) but has concluded that its participation in the consultation process will not be necessary to resolve the adverse effects; and, WHEREAS, the Iowa City Airport Commission and the City Council of Iowa City have participated in the consultation and have been invited to concur in this Memorandum of Agreement (MOA); NOW, THEREFORE, the FAA and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. Stipulations The following shall occur: 1. The FAA shall ensure that funding for the construction of the .proposed runway extension is withheld until all parties have signed this MOA. 2. The Iowa City Airport Commission shall ensure that the following stipulations are carded out: A. The Old United Hangar shall be recorded in accordance with the requirements of the State Historical Society of Iowa's Historic Preservation Office, as found in Appendix A of this MOA. B. The Airport Commission, in consultation with the FAA and the Iowa SHPO, will prepare a public historic booklet that tells the story of the development of the Iowa City Municipal Airport, as found in Appendix A of this MOA. This booklet will document the origin of the airport, early aviation achievements that took place there and the change in the airport over time. The booklet will be illustrated with historic photographs, maps, and text that describes the history of the airport in a way that will increase public awareness and appreciation of the history of the Iowa City Municipal Airport, which is one of the oldest airports in continuous operation in the State of Iowa. C. Unanticipated Discoveries. No human remains or suspected mortuary features have been identified within the airport and none are anticipated to be found during the implementation of this undertaking. However, it is understood that any human remains, mortuary features, and/or grave-associated funerary objects discovered within the permit area are protected by provisions of the Iowa Codes 144.34 and 263B.7 through 263B.9, and the Iowa Administrative Code Section 685, Chapter 11. The applicant shall ensure that, if human remains, mortuary features, and/or grave associated objects are encountered, all construction and excavation activities will cease immediately within the area. The area will be secured; the n~aterial will be left in place with no further disturbance. A tarp, plastic sheeting, or other appropriate covering will be placed over the exposed remains and weighted with loose soil along the edges and the top. The SHPO and the Director of the Burials Program at the Office of the State Archaeologist of Iowa (319) 384-0740 will be contacted immediately. In the event that other discoveries of historical, architectural, or archaeological significance are encountered, all construction and excavation activities will cease immediately within the area. The area will be secured, the material will be left in place with no further disturbance, and the SHPO will be contacted immediately. The SHPO will respond within 48 hours of the discovery. 2. Administrative Conditions A. The signature of the FAA and SHPO on this document signifies their concurrence with the schedule and methodologies of the recordation find publication plans as set out in Appendix A of this MOA. B. Modification, amendment, or termination of this agreement as necessary shall be accomplished though consultation and written agreement of all the signatories. C. Disputes regarding the completion of the terms of this agreement shall be resolved by the signatories. If the signatories cannot agree, any one of the signatories may request the participation of the Advisory Council on Historic Preservation (Council) to assist in resolving the dispute in accordance with 36 CFR 800.7. D. This agreement shall be null and void if its terms are not carried out within five (5) years from the date of its execution, unless the signatories agree in writing to an extension for canying out its Execution of this MOA by the FAA and the SHPO, its subsequent filing with the Advisory Council on Historic Preservation (Council), and implementation of its temps, is eVidence that ~he FAA has afforded the Council and the SI-IPO an opportunity to comment on the Iowa City M.-ieipal Airport Runway Extension Project and its effects on historic prope~es, and that the FAA has taken into account the effects of the undertaking on historic properties. U.S. FED~VIATION ADMRqIS ~T~r TION, CENTRAL REGION C ge ^. enaon' '' · Manager, Ah'ports Division IOWA S~ATE ~IIgTORIC P]tESBRVATION OFFICER Lowell Soike, D~ty State Historic Preservation Officer State Historical Society of Iowa CONCI~: Randall D. Hm~cwig . ' - [ Chairman, Iowa City ;&port Comrflission By: .~ Date:-ff''°~'~5' Emie Lehman Mayor, Iowa City, Iowa APPENDIX A IOWA HISTORIC PROPERTY STUDY: OLD UNITED HANGAR, IOWA CITY MUNICIPAL AIRPORT, JOHNSON COUNTY, IOWA The documentation identified below is for the Old United Hangar, which has been determined to be of state and local significance. It is to be written for a broad public audience--simple, direct, and free of technical and academic jargon--with the information presented (i.e., edited, cataloged and packaged) in accordance with State Historical Society of Iowa guidelines and will be carried out by persons who meet the professional qualifications set forth in the Secretary of the Interior's Standards and Guidelines for Historic Preservation (Federal Register 48:190-44716-44742) for architectural historians and historians. The character of the documentation produced--its content, quality, materials, and presentation--will meet the Secretary of Interior's four standards for architectural and historical documentation (48 FR 44731). Additional guidance can be found in the National Register Bulletin Guidelines for Evaluating and Documenting Historic Aviation Properties, published in 1998. A booklet will be prepared ihat tells the story of the history of the Iowa City Municipal Airport, focusing on the early history of the airport (1918 to 1940), its involvement in the development of both the national airmail system and commercial passenger service, and other early achievements. To a somewhat lesser degree, the booklet will also describe the major expansion of the airport in 1940-1941, activities conducted there during World War II (1941-1945), and the changes and growth that have taken place there since 1945. Contents may address subjects such as the following: First Flights in Iowa City: Several manned aircraft flights were conducted in Iowa City prior to the establishment of the airfield that has become the Iowa City Municipal Airport. The earliest known manned aircraft flight was conducted in 1910 at the old Johnson County Fairgrounds (which are no longer extant). Early History of the Airport: This period includes the origin, early development, and many of the significant accomplishments of the airport, which took place between 1918 and 1940. This period is the most significant component of the overall history of the airport. Some of the earliest airmail flights were staged out of the airport and the airport was the scene for some of the earliest commercial passenger flights in the Midwest. Between 1918 and 1930, the original pasture quickly grow into an airport with gravel and sod runways, hangars, offices, lights, and a control tower. The Old United Hangar, which was built in 1929- 1930, is the sole extant component of this early period World War Il: The War Department funded the expansion and conversion of the airport into a modem major installation, complete with three concrete, all-weather runways. This expansion was originally intended to host interceptors for the aerial defense of the Arsenal in Rock Island, Illinois and military production plants in Eastern Iowa, such as the Iowa Army Ammunition Plant in Burlington. However, that need did not arise and the airport instead served in a training role, providing military pilot cadets with basic flight training that complimented the academic-based ground school conducted at the nearby University of Iowa. Post War Development: The airport and its surroundings have undergone substantial changes since the end of World War II. Urban development has nearly engulfed the airport, which was originally surrounded by farm fields. The airport itself has undergone major expansion, with the construction of a terminal building, hangar buildings, and other facilities. The purpose of the booklet will be to place the Old United Hangar Building in architectural and historical perspective, explaining how its story played out against the background of the evolving organization of civilian air bases and airports and their changing roles in relation to local, state or national trends. The research emphasis will be placed on recovering information about the evolution of the building and its uses in the context of the area's history of military and civilian air base and airport organization, activity, and building construction based on primary sources to the greatest extent possible. Thus, the weight of total effort is to be given not to elaborate architectural description or photography, but on amplifying what is known about the building, its fit into civilian aviation activities of the time, and other subsequent uses and occupancy as grasped through research in local archives, courthouse records, and with persons knowledgeable about the building's past. The test of responsiveness to documentation projects under this historic property study series will be more on the depth of local historical sources consulted than on the numbers of site photographs produced. The booklet is anticipated to be from about 16 to 36 pages in length and will contain, as available, historic and current photographs, maps, and drawings that will illustrate and compliment the historic text. At least 1,300 copies of the booklet will be printed and distributed as follows. The State Historical Society of Iowa shall receive 150 copies of the published booklet; the Iowa City Historic Commission shall receive 200 copies; the Federal Aviation Administration shall receive 10 copies; the Iowa City Municipal Airport shall receive 200 copies; and the Johnson County Historical Society shall receive 50 copies. The University of Iowa Library and the Iowa City Public Library shall each receive 10 copies and each school library within Iowa City and Johnson County shall receive one copy. One copy shall be provided to each of Iowa's public libraries, to each of Iowa's university, community college, and other college libraries, to each area wide education agency, to and to each regional and state library. Finally, one copy will be provided to each local and regional newspaper within the Iowa City area. The manuscript for the booklet will also be submitted to the editor of the Iowa Heritage Illustrated for consideration as an article in this magazine of public history. A copy of the draft text and photographs/illustrations shall be submitted to the SHPO for review and comment. A final mocknp shall then be provided to the SHPO for comment. The final booklet may be published once the SHPO comments have been considered and addressed. Documentation prepared for the purpose of inclusion in the State Historical Society of Iowa's records must meet the requirements below. The Society retains the right to refuse to accept documentation for inclusion in its collections when that documentation (edited, cataloged, and packaged) does not meet requirements as specified below. Kinds of Documentation to be Gathered: 1. Iowa Site Inventory Number, Historical Architectural Data Base Number, and Photograph (black and white film roll number and color slide sheet) Numbers: Three kinds of project reference numbers are to be obtained from the statewide inventory coordinator at the State Historical Society's historic preservation office. The first is the Iowa Site Inventory Number, which can be assigned upon providing a specific street address in a town or city or, for rural areas, its quarter section, township and range. This number would be cited in the report, appear on reference maps and site plans, and be identified on photographic prints, slides, etc. The second number refers to the number assigned for entering this report into the state's Historic Architectural Data Base (HADB) through completing the HADB form for inclusion in the appendix. The third class of numbers are film roll numbers and color slide 20-slot sheet number to be obtained from the State Historical Society's Inventory Coordinator so that images can be cataloged into the agency's file system and cross-referenced to Iowa Site Inventory Forms. 2. Photographs: Unless stipulated elsewhere, the coverage will be field photography, with each view taken in both 35mm black and white film and Kodachrome-64 color slides. The black and white photographs shall be on fiber-based papers or on resin-coated papers of double or 2 medium-weight paper that have been processed in trays in order to meet guidelines outlined in National Register Bulletin 16A. The documentation is to meet requirements for ready inclusion in the records of the State Historical Society of Iowa. The purpose of the number and kind of views taken will be to sufficiently illustrate what is significant or valuable about the building and any associated structure(s) as if one were intending the views to be used in a brief visual presentation on the character of the site. For the hangar building, at a minimum, the following views will be taken: a. Overall site. At least two contextual views showing the placement of the building on the landscape. b. Old United Hangar Building. Approximately seven to ten photographs. This embraces exterior perspective views, including a general view from the distance showing its environment, landscaping, and relationship to adjacent properties, and views of significant interior or exterior details such as historically inspired ornament. For the interior, include views that reveal: · Evidence of past civilian aviation use (e.g., insignia, color schemes, organization of space) · Method of framing (if accessible), unusual methods of fastening or joining frame members, and other details or equipment that help impart its construction history. 3. Available historic photographs or illustrations that reveal the property or associated individual buildings under construction, improvement, in later use, or as shown in an advertisement or architectural plan will be selected and appropriately reproduced. 4. Drawings: Unless stipulated elsewhere, the standard coverage will comprise straightforward, one-line drawings no larger than 8 1/2 by 11 inches in size showing elements in correct relation and proportion to one another, with label, north arrow, overall dimensions, and the date sketched. The drawings include: a. A site map, which can be adapted from a city plat or Sanborn insurance map, that shows the location and footprint of the building on the parcel in relation to driveways and the public road (including north arrow). b. Building floorplan showing the organization and arrangement of spaces, including exterior dimensions. 5. Narrative Report printed on archival bond paper of approximately eight to ten pages with statements within the narrative footnoted as to their sources, where appropriate. The format for presentation is stated below. The booklet to be published may serve as the Narrative Report. Format for the Narrative Report: Cover Page: Includes report title, governmental entity or source of support for sponsoring the survey, author/authors, name of affiliated firm or research organization, date of report. Acknowledgments (if applicable) This might include acknowledgment of valuable oral informants, or recognition of those who provided useful research leads, or tendered special library assistance or helped locate and access useful courthouse archives. Table of Contents Introduction: The project's purpose is described, including the time flame when research and field work occurred, and limitations of the project. Part 1: The Old United Hangar Building Today takes the reader to the property, describing where it is situated, its general appearance and arrangement, and important physical characteristics of its setting, buildings, and landscape features that have influenced the way things developed. Part H: Historical Background steps back to explain how the United Hangar fits into the development of its surrounding neighborhood and section of the town. This would identify when, why, and by whom the building was erected, discussing these matters in relation to the platted area's development and to the shifting social and settlement patterns of the vicinity. Included here might be attention to the hangar's place in the evolution of, say, local residential and commercial concentration and density. Part I1l: Construction history documents the specific physical evolution of this United Hangar property and its leading periods of construction activity, major changes in the property and associated structures, or when new elements were introduced. The discussion would also note specific features, which the building or its associated facilities share with other known properties (e.g., similarities in plan, materials, construction techniques, and subsequent alterations). Part IV: Significance of the property explains ways that the United Hangar Building has interpretive value to understanding developments in hangar planning and design, eras of hangar building construction, or of how the frequency, arrangement, construction dates, and type of building illustrates something important about the evolving hangar building architecture of the area. Included here might be mention of past publicity given the property or of how its building(s) illustrate new, innovative or typical design practices and uses of material. Photographs, illustrations, or site plan may be integrated into the narrative as needed to help convey the property's interpretive value. In evaluating the life of the hangar building property, attention might be paid to: · Changes in ownership, management, or internal organization; · The introduction Of subsequent functions at the site and its effects, if any, on the building; · Site constraints and opportunities (e.g., obstacles that affected design, limited expansion, or the access and convenience of use. · Community demands for a hangar building at this site; · Sequence of construction, alterations, additions, replacement, demolition, or other changes at the site; · Individuals who designed, engineered, or built the Old United Hangar Building; · Materials used in construction; · Form that the building took in relation to its functions and similarities in plan to others then in use; · The relative importance of other associated buildings at the site to the hangar's activities, with the least important meriting minimal study and documentation; Part V: Reference Sources A paragraph or two about the quality and quantity of information consulted, its location, noting any conflicts in source materials, their accuracy, biases or noteworthy historical perspectives. This would be followed by a bibliography of the reference source materials. Part VI: Appendices The information here--if not placed elsewhere in the report--would include, but not be limited to, the following: 1. A site plan drawing showing the Old United Hangar's relation to its immediate landscape configuration. 2. Map(s) showing location in county/town, changes in property size, etc. 3. A 5'x7" enlargement of each black and white view taken to satisfy specifications above, arranged sequentially, from the most general view to the most detailed view. Each is to be labeled on the back as to building/structure name, view taken, and roll/frame number with a No. 1 (soft) pencil, and placed in Print-File (57-4P), or equivalent, sleeve. 4. A "Photograph Catalog Field Sheet" completed for each sleeve of black and white negatives and color slides. 5. Negatives of 35mm (ASA 125 or less) black and white film in Print-File (35-7B), or equivalent, sleeves. 6. A contact print sheet for each roll of black and white film placed in a Print-File (810- lB), or equivalent, sleeve. 7. Kodachrome-64 slides properly labeled (property name, Iowa Site Inventory number, and Slide sleeve number/slot number) and placed in Print-File (2x2-20B), or equivalent, 20-slot sheet sleeves. 8. Completed Iowa Historical Architectural Data Base (HADB) form. 9. Other relevant information (e.g., photocopy of biographical information about a noteworthy owner, architect or builder associated with the building, other sketch plans and drawings that were not integrated into the report). Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 05-133 , - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED 2116 WESTERN ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages in the total amount of $4,512.07, executed by the owner of the property on June 11, 2001, recorded on June 27, 2001, in Book 3082, Page 735 through Page 739; and on July 18, 2001, recorded on July 24, 2001, in Book 3098, Page 471 through Page 475 in the Johnson County Recorder's Office covering the following described real estate: Lot 10 in Block 11, in Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the plat thereof recorded in Book 5, Page 14, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust is financing the mortgage for $ 721900 to the owner and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Modgages held by the City be subordinated to the loan of Hills Bank and Trust secured by the proposed mortgage in order to induce Hills Bank and Trust to make such a loan; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above-described real estate to secure said liens as a second and third, which is the City's original position. 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 subordination agreement between the City of Iowa City and Hills Bank and Trust, Hills, Iowa. Passed and approved this 5th day of April ,20 05 MAYOR Approved by CITY ~:,LERK City Attorney's Office Resolution No. 05-133 Page 2 It was moved by Champion and seconded by Bai 1 ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgaqes which at this time are in the amount of $4,512.07, and where executed by Juan A. Casco (herein the Owner), dated June 11, 2001, recorded June 27, 2001, in Book 3082, Page 735 through Page 739, and dated July 18, 2001, recorded July 24, 2001, in Book 3098, Page 471 through Page 475, Johnson County Recorder's Office, covering the following described real property: Lot 10 in Block 11, in Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the plat thereof recorded in Book 5, Page 14, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $72,900 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort(~a(~es held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 03/30/2005 09:54 FAX 319 466 4525 HILLS BANK SECONDARY MKT [~005/006 4. Binding Effect, This agreement shall be binding upon and inure to the benefit of the r~specflve helm, legal representatives, successors, and assigns of the parties hereto. Dated this ~ day of l~l~o~rc-~ ., 20 ~ , CITY OF IOWA CITY FINANCIAL INSTITUTION y~~~____~~ Hills Bank and Trust. Company Attest: dity"~lerk CFFY'S AOKNOWLEDGI~MENT STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) On this 5 day of ~Pre. tL. .20.05 , before me, the undersigned, a Notary Public In end for the State of Iowa, personally appeared ~'¢-n-~q- /4). ~e_h~ and Marian K. Kan', to me personally known, and; who, being by ~te duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument is the corporate seal of the corporation, end that the Instrument was signed and sealed on behalf of the coq3oraflon, by authority of Its City Council, as contained in (Ordinance) (Resolution) No. ~> .R -- / _~' passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the Cit3/ Councll on the . 5 dayof..~P,~.JL ,20C~ .and that E-,"-,,.~h. /--4/. Lel,,,~z,~ and Marian K. Kan' acJ~owledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. co~ sTM ~otary Public in and for the $~;te of Iowa 03/30/2005 09:54 FAX 319 466 4525 HILLS BANK SECONDARY MKT [~006/006 SUBORDINATION AGREEMENT PAGE 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 30'fA day of /~'c-/1 ., 20 07~ . before me, uqdemigned, a No.tary Public in and for the. State of Iowa, personally appeared ,,J¢~'e*,v /'~ /).~vm , tO me personally known, who being by me duly sworn, did say that he/she i~ the Z~_~,~~'~ Z~.£;,. O~',c,,¢e.- of ~,'//~ g~,~..^J ~r~-/' C~. , that said instrument was signed on behalf of sald corporation by authority of its Board of Dimctom; end that said /~u~,,',~ ~.J(~. (::~,,'~.r- acknowledged the execution of said instrument to be the voluntary act and deed of s~ld corporation, by it and by him/her voluntarily executed.  Notary Public In and for the State of Iowa Prepared by: LIz Osborne, PCD, 410 E, Washington St,, Iowa City, !A 52240 (319) 356-5246 RESOLUTION NO. 05-134 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1500 SYCAMORE STREET, IOWA CITY, IOWA. WHEREAS, on August 13, 2004, the owners executed a Mortgage to secure a loan from the City for Community Development Block Grant Funds; and WHEREAS, the City and the owners have voluntarily terminated the project; and WHEREAS, the Community Development Block Grant Funds spent on the project have been repaid; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located ~t 1500 Sycamore Street, Iowa City, Iowa from a Mortgage, recorded August 20, 2004, Book 3785, Page 397 through Page 405 of the Johnson County Recorder's Office. Passed and approved this 5th day of Apri 1 ,20 05 Ap~_roved by City Attomey's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn · Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1500 Sycamore Street, Iowa City, Iowa, and legally described as follows: Lot 7 and Lot 8, Marions subdivision part two Johnson County, Iowa City, Iowa according to the recorded plat thereof Single Parcel #10-14-456-008 from an obligation of the owners, Community Coordinated Child Care (4C's) Committee for Johnson County, to the City of Iowa City represented by a Mortgage recorded August 20, 2004, Book 3785, Page 397 through Page 405 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _5 day of ~1L_- , A.D. 20 o _5 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest VV. Lehman 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. ~_~ -~/~ adopted by the City Council on the _5 day ,20 o % and that the said Ernest W. Lehman 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. ppdrehab\ .tel Notary Public in and for Johnson County, Iowa Io,I SONDRAE FORT I ~r~i~ ~_JCommission Number 1597911 '.,~'J My Commission Expires I Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (^NN04-00001) RESOLUTION NO. RESOLUTION APPROVING THE ANNEXATION OF APPROXlI~IATELY 62,03 ACRES OF TERRITORY LOCATED NORTH OF HIGHWAY '1, WEST OF HIGHWAY 218, AND EAST OF KITTY LEE ROAD WHEREAS, the City of Iowa City has received a voluntary annexation application from property owners James R. Davis, Robert A. Davis, and Jan E. Smith, for approximately 62.03 acres of territory located north of Highway 1, west of Highway 218, and east of Kitty Lee Road; and WHEREAS, the property proposed for annexation is within the City of Iowa City's designated growth area; and WHEREAS, the Planning and Zoning Commission has recommended approval of the annexation of the James R. Davis, Robert ^. Davis, and Jan E. Smith property; and WHEREAS, pursuant to Iowa Code, notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the Johnson County Council of Governments, the East Central Iowa Council of Governments, West Lucas Township, the Johnson County Auditor, the Johnson County Secondary Roads Department, the City of University Heights, the City of Hills, the Iowa Attorney General, the City of Coralville, and each public utility, and no comments were received; and WHEREAS, all other statutory notice requirements have also been satisfied; and WHEREAS, the City of Iowa City and Johnson County have entered into a 28-E Agreement regarding maintenance responsibilities for Kitty Lee Road, part of which is proposed to be annexed by the City of Iowa City; and WHEREAS, there is no population in the area proposed to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following territory, legally described as follows, is hereby annexed to the City of Iowa City: Commencing at the Center of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°55'12"E, along the North line of the Southwest Quarter of said Section 20, a distance of 1073.25 feet, to the Southeast corner of Lot 11 of R.H. Davis Subdivision, in accordance with the Plat thereof recorded in Book 7, at Page ~1 of the records of the Johnson County Recorder's Office, and the POINT OF BEGINNING; Thence N01°01'58"E, along the Easterly lines of Lot 8, Lot 9, Lot 10 and Lot 11 of said R.H. Davis Subdivision, 396.57 feet, to the Northwest corner of Lot 15, of said R.H. Davis Subdivision; Thence S66°18'16"E, along the Southerly line of said Lot 12, a distance of 75.75 feet, to the Southeast corner thereof; Thence N23°47'56"E, along the Easterly line of said Lot 12, a distance of 199.77 feet, to the Southwest corner of Lot 18 of said R.H. Davis Subdivision; Thence S66°14'16"E, along the Southerly line of said Lot 18, a distance of 224.57 feet, to the Southeast corner thereof; Thence N23°42'17"E, along the Easterly line of said Lot 18, a distance of 129.56 feet; Thence Northwesterly, 116.67 feet, along said Easterly line, and a 54.67 foot radius curve, concave Southwesterly, whose 95.75 foot chord bears N37°25'46"VV; Thence Resolution No. Page 2 N08°52'23"W, 60.00 feet, to a point on the Northerly Right-of-Way line of Olde Oak Lane; Thence S81°07'37"W, along said Northerly Right-of-Way line, 291.64 feet, to the Southeast corner of Lot 6 of said R.H. Davis Subdivision; Thence N01°05'35"E, along the Easterly line of said R.H. Davis Subdivision, 450.59 feet, to the Southeast corner of Lot 2, of said R.H. Davis Subdivision; Thence S88°58'43"E, 143.89 feet, to its intersection with the Southwesterly Right-of-Way line of Highway No. 218; Thence S31°25'02"E, along said Southwesterly Right-of-Way line, 1304.33 feet; Thence S05°01'05"E, along said Southwesterly Right-of-Way line, 260.12 feet; Thence S18°17'39"E, along said Southwesterly Right-of-Way line, 497.24 feet; Thence S43°13'16"E, 412.03 feet, to a point on the Southerly Right-of-Way line of Highway No. 1; Thence S68°04'00"W, along said Southerly Right-of- Way line, 305.90 feet; Thence N00°13'40"E, along said Southerly Right-of-Way line, and the East line of the East One-Half of the Southwest Quarter of said Section 20, a distance of 28.82 feet; Thence S45°32'10"W, along said Southerly Right-of-Way line, 562.18 feet; Thence S46°35'08"W, along said Southerly Right-of-Way line, 291.59 feet; Thence Southwesterly, along said Southerly Right-of-Way line, 186.78 feet, and a 2946.33 foot radius curve, concave Northwesterly, whose 186.75 foot chord bears S50°19'30"W; Thence S65°52'13"W, along said Southerly Right-of-Way line, 66.19 feet; Thence S36°35'50"E, along said Southerly Right-of-Way line, 50.00 feet; Thence Southwesterly, along said Southerly Right-of-Way line, 447.27 feet, and a 2974.79 foot radius curve, concave Northwesterly, whose 446.85 foot chord bears S57°42'36"W; Thence S70°23'34"W, along said Southerly Right-of-Way line, 231.71 feet, to its intersection with the Southerly extension of the Westerly Right-of-Way line of Kitty Lee Road; Thence N00°10'27"E, along said Southerly extension, 250.49 feet, to its intersection with the Northerly Right-of-Way line of Highway No. 1; Thence N55°44'19"E, along said Northerly Right-of-Way line, 63.32 feetl to a point on the West line of the said East One-Half of the Southwest Quarter of Section 20; Thence N00°16'15"E, along said West line, 1602.95 feet; Thence N89°43'05"E, 250.13 feet; Thence N00°39'57"E, 321.57 feet, to said POINT OF BEGINNING. Said Parcel of land to be Annexed contains 62.03 acres, and is subject to easements and restrictions of record. 2. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under Section 368.7 (2005) at the applicants' expense. 3. The City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer. Passed and approved this day of ,20 MAYOR A ,- ATTEST: ' '? CITY CLERK ~-- ppdadm/res/AN N 04-00001 .doc Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. 05-135 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LANDFILL CONSTRUCTION PROJECT. WHEREAS, notice of public headng on the City's Intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Landfill Construction Project ("Project") which includes installing, construction of future landfill cells; and WHEREAS, the City Council has determined that construction of the Project Is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City Engineer has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary properly rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Landfill Construction Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Landfill Construction Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council fur[her finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 05-].35 Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 5th day of April ,20 05 Approved by ^TT ST 'e'. CITY ~LERK - C'ity )~-ttorn~y~ OffiCe It was moved by Vander'hoe'f and seconded by ~/'i 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __ Bailey X __ Champion X __ Elliott X __ Lehman X O'Donnell × __ Vanderhoef X __ Wilburn pwenglres/land fillconst.doc 3/05 I o4-o -o Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 05-136 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATI'EST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - BOX CULVERT PROJECT, WHEREAS, McCulley Culvert, Inc. of Barnes City, Iowa has submitted the lowest responsible bid of $396,505.20 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to McCulley Culvert, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance Program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 5th day of April ,20 05 Approved by C~IT'~3LERK C~ty Attorney s Office It was moved by Wi l burn and seconded by E11 i ott the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn pweng/res/rncul[ey-awdcontract,doc NOTICE TO BIDDERS MORMON TREK EXTENSION BOX CULVERT PROJECT STATE OF IOWA - Sealed bids will be received on March 15, 2005 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, $00 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: · Posted on the internet at www. bidx.com · Available in the Iowa Department of Transportation's "Weekly Letting Report" · Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Proposed Bid Order: 010 Project No: STP-U-3715(629)--70-52 Proposal ID: 52-3715-629 Work Type: RCB CULVERT NEW- TRIPLE 12' x 10' x173' Reinforced Concrete Box Project Location: Current end of Mormon Trek Blvd at Willow Creek - Iowa City of Iowa City Proposed Contract Period: Late Start Date of 4/18/05 with 110 working days Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iow;~ City, IA 52240 319-356-5144 RESOLUTION NO. 05-137 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the Highway 6 improvements Project ("Project") which includes widening Highway 6 from Lakeside Drive to 420th Street; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Highway 6 Improvements Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the establishe¢ fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. in the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 5th day of Apri I ,2005 Approved by ClTY'"CLERK - ~l~]¢~N"~t~rRe~/'s Off~e - pweng\res~hwy 6 acq.doc Resolution No. 05-137 Page 2 It was moved by Vanderhoef and seconded by 0'Donne1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn