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HomeMy WebLinkAbout2005-05-17 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-178 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: La Reyna 1937 Keokuk Street Passed and approved this 17th day of Ma,y ,20 05 Approved by CIT~CLERK ~ibj; Attorr~y's O~ice ' It was moved by Bai 1 e,y and seconded by Champion 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 Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 05-179 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER, AND TENANT SYLVIA VENUTO d/bla VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAFI~ AT 115 E. COLLEGE STREET. WHEREAS, following passage of Resolution No. 05-162, Sylvia Venuto, d/b/a Venuto's World Bistro ("Tenant") and the City of Iowa City, Iowa, a municipal corporation, entered into an agreement on April 19, 2005 entitled "License Agreement for Temporary Use of Public Right-of-Way between the City of Iowa City and Sylvia Venuto, d/b/a Venuto's World Bistro, for a Sidewalk Caf~ on the Public Right-of-Way at 115 E. College St., Iowa City, Iowa" ("License Agreement"); WHEREAS, the License Agreement authorized Tenant to construct or place temporary and removable fencing delineating the sidewalk cafb area, which is allowed year around; WHEREAS, Tenant subsequently made application for anchored fencing delineating the sidewalk caf~ area, which is allowed March through November; and WHEREAS, City staff have examined said request and found same to be in substantial compliance with City regulations adopted by Ordinance 97-3764; WHEREAS, it is in the public interest allow for said amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign said amendment, copy of which is attached to this resolution. 2. The Public Works Department is hereby directed to record this Resolution and License Agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 17th day of May ,2005. Ap p ro_.yve...d by: CIT'J'~LERK City Attorney's Office Resolution No. f~;- 179 Page ~ It was moved by Bai 1 e.Y and seconded by Champion 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 AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETVVEEN THE CITY OF IOWA CITY AND SYLVIA VENUTO, D/B/A VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAF[~ ON THE PUBLIC RIGHT-OF-WAY AT 115 E. COLLEGE ST. IOWA CITY, IOWA WHEREAS, on April 19, 2005, Sylvia Venuto, d/b/a Venuto's Wodd Bistro ("Tenant"), and the City of Iowa City, Iowa, a municipal corporation, entered into an agreement entitled "License Agreement for Temporary Use of Public Right-of-Way between the City of Iowa City and Sylvia Venuto, d/b/a Venuto's World Bistro, for a Sidewalk Cafb on the Public Right-of-Way at 115 E. College St., Iowa City, Iowa" ("License Agreement"). WHEREAS, the License Agreement authorized Tenant to construct or place temporary and removable fencing delineating the sidewalk caf~ area, which is allowed year around; WHEREAS, Tenant subsequently made application for anchored fencing delineating the sidewalk caf8 area, which is allowed March through November; and WHEREAS, City staff have examined said request and found same to be in substantial compliance with City regulations; and WHEREAS, Paragraph 11 of the Licensing Agreement provides that it may be amended in writing. NOW, THEREFORE, Applicant and City agree as follows: Exhibit A, of the Licensing Agreement is deleted in its entirety and the attached Exhibit A is substituted in lieu thereof: All other provisions of the Licensing Agreement remain in full force and effect. Dated this 17th day of Hay ,2005. '-Ernest W. Lehman, Mayor Att e st: ~')l.~x...~_..}' .~". ~4/_,~ Sylvia Venuto Ma¥ian K. Karr, City Clerk 2 By Approved by: By City Attorney's Office APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) PublicOn thiSin a~7 ~- day Ofd for the ?~'''~'~ ' 20~¢'~'~bef°re~-- me, the unders, izg~ned, a Notary State of Iowa, personally appeared----~ 07 I (-' ''~ [J~ ,,o me personally known, and acknowledged the execution of thetforegoing instrument to be his/her voluntary act and deed and by him/her voluntar!ly ex..ecuted. J&¢l~,~ I SANDRA TRIMPE I [ 'Notary Public ~ and for th~State of Iowa I;_~1~,~1 Com,.,..,o. Number1?9881 I E"~. ~~...~-x~__~! My commission expires: 4~ - I ~ -~"7 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) (~ day of //~ Ch,,-.-' ,20~, before me, the undersigned, a Notary On this Public in and for the State of Iowa,¢ personally appeared /~.~.~ ¢~¢ .'Ct/)-~__ , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her · voluntary act and deed and by him/her voluntarily executed. ft'~e~.~I Commission Nu~t~MerPf7~~. ~'n~nd ifor the (8'tate of Iowa ~~;,.C,o~mm. E,.. ;.. ,~. ~.~'ly Commission expires: C ~' D CONCRETE SLEEVE ANCHORS (FILL HOLES WITH SEALANT WHEN FENCE IS REMOVED IN THE WINTBR) PLAN 4"x4" BASE PLATE 20'-6" COLOR OF BRICK PAVERS- CORE DRILL THROUGH EXISTING BRICK / AND ASPHALT BRICK PAVERS ASPHALT GRANULAR FILL'2" (VERIFYDIMENSION- r~ BE~NCH MAfNTAIN 8'-0" CLEAR SECTION BASE/ANCHORAGE DETAIL ~ vz'×~" TOP RAiL 1/2" VERTICALS @ 4" CC 2'7,2" POSTS W/TOP CAP ,~CHORED, TEMPORARY FENCING t STEEL FENCE W/BLACK 1 1/2"x1" BO~' RAIL LOCATION - MEMBRANE BELOW / VENUTO'S WORLD BISTRO '~ 115 E COLLEGE STREET 1/4" : 1 '-0" LANDOWNER By By¸ By City Office APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA JOHNSON COUNTY ) On this day of ,20__, before m undersigned, a Notary Public in and for the State of y appeared , to me personally known, and a the execution of the ~oing instrument to be his/her voluntary act and deed and by executed. Notary Public and for of Iowa My commission APPLICA 'Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day ,20 , before me, the Ined, a Notary Public in and for th~ of Iowa, personally appeared to me personally know/, and acknowledged the execution of the foregoing instrument be his/her / voluntary ~,~/a'nd deed and by him/her voluntarily executed. ~ ~t~ of---i'~owa ~ My Commission expires: LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND SYLVIA VENUTO, D/B/A VENUTO'S WORLD BISTRO, FOR A SIDEWALK CAFI~ ON THE PUBLIC RIGHT-OF-WAY AT 115 E. COLLEGE ST. IOWA CITY, IOWA WHEREAS, on 19, 2005, Sylvia Venuto, d/b/a Venuto's World Bistro ("Tenant"), of Iowa City, municipal corporation, entered into an agreement entitled Agreement for Tern Use of Public Right-of-Way between the City of Iowa City a~ Sylvia Venuto, d/b/a Venuto's 3rid Bistro, for a Sidewalk Cafb on the Public Right-of-Wa 115 E. College St., Iowa City, "License Agreement"). WHEREAS, the License Ag authorized Tenant to construct or and removable fencing delineating sidewalk cafb area, which is allowed year WHEREAS, Tenant subsequently application for anchored fencing de the sidewalk cafb area, which is allowed March h November; and WHEREAS, City staff have request and found to be in substantial compliance with City regulations; and WHEREAS, Paragraph 11 of the Licensing reement provid it may be amended in writing. NOW, THEREFORE, Applicant and City agree as Exhibit A, of the Licensing Agreement is deleted rety and the attached Exhibit A is substituted in lieu thereof: All other provisions of the Licensing Agree~ in full force Dated this day of ,2005. CITY APPLICANT/TENANT By. By. Ernest W. Mayor Sylvia Venuto Attest: Marian K. Karr, City Clerk CITY'S ACKNOWLEDGEMENT STATE ( IOWA ) JOHNSON ) On this____ day of , 20 , me, a Notary Public in and for the ate of Iowa, personally appeared Ernest Lehman, Mayor and Marian K. Karr, to me known, and, who, being by me duly did say that they are the Mayor and City ~rk, respectively, of the City of Iowa City, Iowa; that seal affixed to the foregoing is the corporate seal of the corporation, and that th, instrument was signed and seal on behalf of the corporation, by authority of its City Coun( as contained in Resolution passed by the City Council on the of 20_., and that Ernest W. Lehman and Marian K. Karr the execution of instrument to be their voluntary act and deed and the voluntary act and of the cot by it voluntarily executed. Notary Pul: and for the State of Iowa M }ires: Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-180 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 145 SOUTH WESTMINSTER STREET, IOWA CITY, IOWA, WHEREAS, on January 23, 2003, the owners of 145 South Westminster Street executed a Second Mortgage in the amount of $22,000 to secure a loan from the City for said amount as part of the Tenant-to-Ownership Program; and WHEREAS, the owners also executed a Resale Agreement on January 23, 2003; WHEREAS, on March 1, 2005, the owners granted the City a deed in lieu of foreclosure; and WHEREAS, the owners have 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 145 South 'Westminster Street, Iowa City, Iowa from the Mortgage recorded on January 31, 2003, at Book 3471, Page 508, at the Johnson County Recorder's Office, and from the Resale Agreement for Property Located at 145 South Westminster Street, dated January 23, 2003. 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 City. Passed and approved this 17th day of Flay ,2005. Approved by CITY"~,L. ERK City Attorney's Office Resolution No. 05-].80 Page 2 It was moved by Bail e.y and seconded by Champi on 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 145 South Westminster Street, Iowa City, Iowa, and legally described as follows: Lot eighty-six (86) in Oak Woods Addition Part Two to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 8, page 2, Plat Records of Johnson County, Iowa, from an obligation of Jacqueline Clemons and Jetaun Johnson to the City of Iowa City in the principal amount of $22,000 represented by a Second Mortgage recorded on January 31, 2003, at Book 3471, Page 508, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of Jacqueline Clemons and Jetaun Johnson to the City of Iowa City contained in the Resale Agreement for Property Located at 145 South Westminster 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. CITY OF IOWA CITY, IOWA By:~ Emest W. Lehman, Mayor By: ~')91~ ~. ~ M~rian K. Karr, City Clerk ApprovEd by City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this /7 day of tV[Ay ,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 instrument 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. 'l 8ONDRAE FORT I ICommimon Number 1597911 ~ ~'-~('~ [,~'1 My Co%n~ission Expires I Notary Public in and for the State of Iowa · Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 05-181 RESOLUTION APPROVING THE DESIGN OF THE SIGNAGE FOR "DICK BLICK ART MATERIALS" ON OLD CAPITOL TOWN CENTER AT 20'1 S. CLINTON STREET. WHEREAS, the applicant, Sign Productions, has filed an application for the design approval of the exterior sign for "DICK BLICK Art Materials" on Old Capitol Town Center located at 201 S. Clinton Street, hereinafter "Project;" and WHEREAS, the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review" of the City Code requiring 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 Housing and Inspection Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved with the understanding that this sign will be used as a model for future signs on the east and south portion of the building in terms of size, materials and consistency of placement in order to adhere to the sign design guidelines for urban renewal parcels. 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 THE CITY OF IOWA CITY, IOWA THAT: 1. The design of the signage for "DICK BLICK Art Materials" on the Old Capitol Town Center located at 201 S. Clinton Street be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 17th day of May 2005 Approved by CIYY CLERK City ~t~orney's Off~'ce Resolution No. 05-181 Page 2 It was moved by Bai ]e,¥ and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Eleanor M. Dilkes, City Attorney, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-182 RESOLUTION APPROVING JOB DESCRIPTIONS FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached job descriptions for City Manager, City Attorney, and City Clerk are hereby approved and adopted. Passed and approved this 17th day of May ,20 05 . CI~ERK City Attorney's Office It was moved by RAi 1P~' and seconded by Ch~_m2'.'o.-. 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 Eleanor/re~obdescdptions.doc Position Title: City Manager Department: City Manager's Office Immediate Supervisor: City Council Job Summary This position is the highest level of management within the municipal organization; serves as the City's chief administrative officer; manages the City's affairs under broad policy direction from the City Council. Job Scope Directly supervises department directors and an administrative assistant. Indirectly responsible for all city employees through department directors. Essential Job Duties and Responsibilities PLANS, DIRECTS, CONTROLS AND EVALUATES City operations and services. MANAGES AND SUPERVISES all departments to achieve goals within available resources. COORDINATES the budget development process for the city; REVIEWS departmental budget submissions and RECOMMENDS the annual operating budget and three-year financial plan for City Council approval. DEVELOPS long-range fiscal management plans and strategies; IMPLEMENTS the approved budget and monitors revenue and expenditure trends; DIRECTS the debt and cash management processes for the city; RECOMMENDS a five-year capital improvements program. INITIATES policy recommendations for City Council consideration; PREPARES comprehensive reports to assist City Council in policy making decisions. RESPONDS to requests from the City Council and the public. REVIEW and OVERSEE significant projects and issues; WORK with department directors and other management staff to determine the best course of action and management strategy. ASSESS and MONITOR work loads, administrative and support systems, and internal reporting relationships; IDENTIFY opportunities for improvement; DIRECT and IMPLEMENT changes. OVERSEES administration of personnel management system; APPROVES hires, promotions, salary increases and related personnel actions; DETERMINES disposition of employee grievances. DIRECTS the preparation of City Council agenda. ASSESSES the current and long-term needs in various program areas; ASSISTS the City Council in developing strategic goals and IMPLEMENTS said goals. ADVISES the City Council concerning the status of current projects. DEVELOPS programs and strategies to enhance the effectiveness and efficiency of City operations. OVERSEES the City's economic development efforts. BUILDS mutually beneficial partnerships with citizens, outside agencies, developers, local community groups and others. ATTENDS City Council and other public meetings; MAKES speeches and community presentations as required. NEGOTIATES contracts and other agreements; SIGNS agreements and contracts for purchase of goods and services; NEGOTIATE and RESOLVE sensitive and controversial issues. PREPARES correspondence necessary to direct or document City business decisions. PERFORMS other related duties as required. Physical and Environmental Conditions Ability to transport self from building to building and to attend vadous functions and meeting at other sites either within or outside the city. Education, Experience and Certification Graduation from an accredited college or university with a degree in public administration, political science, business administration or a closely related field required; graduate degree preferred. Significant experience in municipal government preferably as a City Manager or Assistant City Manager required. Possession of a valid Iowa driver's license and an acceptable driving record required. Must reside within the city limits of Iowa City. Knowled.qe, Skills, and Abilities Extensive knowledge of principles and practices of public administration including financial administration and human resources management; extensive knowledge of the principles and practices of managing and motivating people; extensive knowledge of municipal operations and standards and practices for provision of municipal services; considerable knowledge of business English and composition; considerable knowledge of principles and practices of economic and redevelopment programs; considerable knowledge of land use policy and municipal planning and zoning concepts; considerable knowledge of municipal law principles and practices. Skill in written and verbal communication; skill in preparation of clear and concise reports; skill in planning long-range projects; skill in analyzing and synthesizing data in order to make sound decisions. Ability to establish and maintain effective working relationships with City Council, department directors, City employees, the general citizenry, other government officials, community leaders, news media, and professional peers; ability to deal tactfully, courteously and professionally with a diverse group of people; ability to exercise sound and effective judgement; ability to manage people and programs; ability to delegate authority and responsibility; ability to establish priorities to accomplish an extremely wide range of duties and responsibilities; ability to adjust to changing situations, priorities and deadlines; ability to select, train, supervise, motivate, and evaluate subordinate personnel. Jdcitymgr.doc 10/18/04 Revised 5/17/05 Position Title: City Clerk Department: City Clerk Immediate Supervisor: City Council Job Summary Serves as the Clerk for the City Council, manages the activities of the City Clerk's Office, is responsible for the recording, filing, co-ordinating, and supplying of all official transactions of the City, enforces certain business-related permits, serves as a central information source for City activities. Job Scope As a Council-appointed recording and recordkeeping officer of the City, the City Clerk exercises all the powers and performs all the duties provided or prescribed by State law, the City Charter and the City Code. Essential Job Duties and Responsibilities ATTENDS City Council meetings and MAINTAINS a record of votes; PREPARES official minutes of Council activities; PROCESSES all official documents related to Council activities. PROVIDE official notification to the public regarding City Council meetings. RECEIVES all correspondence addressed to the City Council and all other materials and documents requiring City Council approval and adoption. RECEIVES legal publication notices including public notices, official actions and ordinances; RECORDS and PUBLICIZES legal notices, ordinances, and City Council minutes. PREPARES ordinances for codification; OVERSEES the codification of ordinances into the municipal code. SERVES as custodian of official City records and public documents; RETRIEVES public records for the general public and city staff; PROVIDES information on ordinances, resolutions, and policies; PROVIDES copies of records; ATTESTS and CERTIFIES official documents and copies. ANSWERS questions and PROVIDES information to the general public; RESPONDS TO CITIZEN inquiries and complaints. SUPERVISES the processing of applications and payment of fees for taxicab companies, beer/liquor permits, cigarette licenses, and dancing permits; DETERMINES that applications are complete and that ordinance requirements have been met and ISSUES licenses and permits; MAINTAINS records of the date of issuance and term of license or permit. PREPARES and MAINTAINS election files; ACCEPTS nomination papers; ASSISTS with election procedures and preparation of ballots for all City elections and referendums. RECEIVES and OPENS City bids; ADVERTISES for vacancies on boards and commissions; ACCEPTS applications for City boards and commissions; NOTIFIES applicants of appointment status. ASSIGNS and DELIGATES work; DETERMINES work procedures and MONITORS workflow; SUPERVISES staff and CONDUCTS performance evaluations. PREPARES and ADMINISTERS departmental budget. PROVIDES staff support to the Police Citizen's Review Board and other Boards and Committees as directed by City Council. DEVELOPS and MAINTAINS electronic and hard copy files to access information and provide reports and research for the public and Council; OPERATES a variety of standard office equipment to access necessary information and archive documents in accordance with State law. Physical and Environmental Conditions Ability to move about an office building; ability to transport self from building to building and to attend various functions and meetings at other sites either within or outside City Hall Minimum Education, Experience, and Certification Bachelor's Degree in Public Administration, Business Administration, Office Management, or a related field required; three years experience in office administration or a related area including supervisory experience required, experience as a deputy city clerk preferred; or an equivalent combination of education and experience. Certification as a City/Municipal Clerk from the International Institute of Municipal Clerks preferred upon hire and required within three years of appointment. Must reside within the city limits of Iowa City. Knowledge, Skills, and Abilities Extensive knowledge of modern records management techniques including legal requirements for recording, retention, and disclosure. Thorough knowledge of the legal requirements relating to procedures and practices used by the City Council. Thorough knowledge of the organization of City government and statutory powers and duties of City officials. Skill in the use of computer and other office equipment. Ability to prepare accurate and complete minutes of meetings. Ability to meet deadlines under pressure. Ability to keep accurate records. Ability to maintain confidentiality in the performance of duties. Ability to communicate effectively both orally and in writing. Ability to meet the public courteously and obtain and give information. Ability to establish and maintain effective working relationships with elected officials, employees, and the general public. Ability to exercise independent judgment and to use resourcefulness and tact in solving problems. Ability to supervise and coordinate the activities of employees. Cderkjd.doc 5/17/05 Rev'ised 5/17/05 Position Title: City Attorney Department: City Attorney's Office Immediate Supervisor: City Council Job Summary Provides legal oversight and direction for the city. Functions as the legal advisor to the city council and city staff. Job Scope Directly supervises staff of the City Attorney's office. Essential Duties and Responsibilities SERVES as legal advisor and PROVIDES advice and recommendations to the City Council, City Manager, department directors and staff; RENDERS oral and written opinions. ATTENDS City Council meetings and PROVIDES legal advice and opinion during routine, special, and executive sessions. REPRESENTS the city in litigation, administrative, state and federal district courts, and state and federal appellate courts; REPRESENTS the city in legal matters, BRINGS suits on behalf of the city and DEFENDS the city in suits brought against it. RESEARCHES and DRAFTS ordinances, resolutions, and other documents for review and action by the city council; PREPARES contracts, leases, and other legal documents; REVIEWS and SIGNS OFF on documents prepared by other city staff. HIRES, TRAINS, and PROVIDES work direction to legal staff; SUPERVISES the legal work performed by staff, MONITORS the performance of legal work by outside counsel; ASSISTS outside counsel where appropriate. OVERSEES litigation proceedings including evaluation, investigation, analysis, research, discovery, settlement, pre-trial motions, trials and post-trial motions and appeals. PROVIDES advice and MAKES RECOMMENDATIONS to city council on trial strategy, EVALUATES and MAKES RECOMMENDATIONS on potential settlements. PREPARES and MONITORS departmental budget. Physical and Environmental Conditions Ability to transport self from building to building and to attend various court functions and meetings at other sites either within or outside City Hall. Education, Experience and Certification Graduation from an accredited college or university with a Juris Doctorate degree and admission to Iowa Bar to practice in Iowa courts required. Five years experience in general legal practice with exposure to municipal or government law required. Must reside within the city limits of Iowa City. Knowledqe, Skills, and Abilities Comprehensive knowledge of federal, state, and municipal law. Comprehensive knowledge of legal practices and procedures. Comprehensive knowledge of the principles, practices, methods, materials, and references utilized in legal research. Thorough knowledge of judicial procedure and rules of evidence. Thorough knowledge of the principles of legal and business writing and report preparation. Thorough knowledge of English usage, spelling, grammar, and punctuation. Skill in drafting and editing legal documents, ordinances, and litigation materials. Skill in preparing clear and concise legal position papers and presenting persuasive arguments. Skill in communicating concisely and clearly both orally and in writing. Ability to organize, interpret and apply legal principles and knowledge to complex legal issues. Ability to read complex materials, conduct legal research, analyze legal questions, and effectively explain conclusions. Ability to efficiently prioritize work assignments and complete assignments within the designated deadlines. Ability to supervise the preparation and trial of cases and to present material clearly and logically in oral and written form. Ability to plan and supervise the work of a professional staff. Ability to gain cooperation through discussion and persuasion. Ability to communicate effectively with others, both orally and in writing, using both technical and non- technical language. Ability to understand and follow oral and/or written policies, procedures, and instructions. Ability to establish effective working relationships with employees, supervisors, and the public. Jdcityattny.doc 5/17/05 Position Title: City Attorney Depadment: City Attorney's Office Immediate Supervisor: City Council / Job Summary / / Provides legal (~versight and direction for the city. Functions as/e legal advisor to the city council and city staff. / / Job Scope ; / Directly n;sponsible 1 6 employees. Essential Duties and ibilities SERVES as legal PROVIDES advi¢ and recommendations to the City Council, City Manac ~ and staff; RE,N/DERS oral and written opinions. / / ATTENDS City Council meetin( and PR?/,/IDES legal advice and opinion during routine, special, and executive sessions. REPRESENTS the city in state and federal district courts, and state and federal appellate courts; ~ the city in legal matters, BRINGS suits on behalf of the city and DEFENDS the city in suits bn ;Iht against it. RESEARCHES and DRAFTS ¢ s, and other documents for review and action by the city council; PREPAR and other legal documents; REVIEWS and SIGNS OFF on documents prepared ;ity staff. HIRES, TRAINS, and PROVIDES work, legal staff; SUPERVISES the legal work performed by staff, MONITORS the performance legal work by outside counsel; ASSISTS outside counsel where appropriate. OVERSEES litigation proceedings including evaluation,tovestigation, analysis, research, discovery, settlement, pre-trial motions, trials and post-tri~l,~motions and appeals. PROVIDES advice and MAKES RECOMMENDATIONS to ciiy~council on trial strategy, EVALUATES and MAKES RECOMMENDATIONS on potential~ettlements. PREPARES and MONITORS departmental budget. Physical and Environmental Conditions Ability to transport self from building to building and to attend various court functions and meetings at other sites either within or outside City Hall. Education, Experience and Certification Graduation from an accredited college or university with a Juris Doctorate tee and admission to Iowa Bar to practice in Iowa courts required. Five years experience in legal practice wilh exposure to municipal or government law required. Must reside withi city limits of Iowa City. Knowled.qe, Skills, and Abilities Comprehensive knowledge of federal state, and municipal ~rehensive knowledge of legal practices and procedures. Corn ~sive knowledc principles, practices, methods, materials, and references utilized in al research. Tho~ knowledge of judicial procedure and rules of evidence. Thorough the of legal and business writing and report preparation. Thorough knowled~ of English spelling, grammar, and punctuation. Skill in drafting and editing legal docume and litigation materials. Skill in preparing clear and concise legal position paperspersuasive arguments. Skill in communicating concisely and clearly both in writing. Ability to organize, interpret and apply legal 'inciples and knowledge to complex legal issues. Ability to read complex materials, conduct ~1 research, analyze legal questions, and effectively explain conclusions. Ability to efficiently assignments and complete assignments within the designated deadlines. Abilit, ~paration and trial of cases and to present material clearly and logically Ability to plan and supervise the work of a professional staff, through discussion and persuasion. Ability to communicate effectively both orall and in writing, using both technical and non- technical language. Ability to und~ oral and/or written policies, procedures, and instructions. Ability to establish e working rE with employees, supervisors, and the public. / Jdcityattny.doc 10/18/04 / / / / / / / / / / \ Position Title: City Clerk Department: City Clerk Immediate Supervisor: CityCour~cil / Job Summary Serves as the Clerk for the City Council, manages the activities of the City Clerk's Office, is responsible for the recording, filing, co-ordinating, and supplying of all official transactions of the City, enforces certain business-related I:)ermits, serves as a central information source for City activities. Job Scope As a Council-appointed recordin~~rdkeeping officer of the City, the City Clerk exercises all the powers and performs all the duties or prescribed by State law, the City Charter and the City Code. Essential Job Duties and Responsibilities ATTENDS City Council meeting NS a record of votes; PREPARES official minutes of Council activities; PROCESSES all official to Council activities. PROVIDE official notification to the public regar ~g City Council meetings. RECEIVES all correspondence addressed to the ~ ' Council and all other materials and documents requiring City Council approval and ado :ion. RECEIVES legal publication notice~ g public ~ official actions and ordinances; RECORDS and PUBLICIZES legal notices, and City Council minutes. PREPARES ordinances for Codification; OVERSEES' of ordinances into the municipal code. SERVES as custodian of'official City records and I: nents; RETRIEVES public records for the general public aud city staff; PROVIDES ~rdinances, resolutions, and policies; PROVIDES c,¢pies of records; S official documents and copies. ANSWERS questiorts and PROVIDES information to the general RESPONDS TO CITIZEN inquiries and comp~ints. SUPERVISES t~processing of applications and payment of fees for taxicab companies, beer/liquor perm~s~'~igarette licenses, and dancing permits; DETERMINES that applications are complete and that ordinance requirements have been met and ISSUES licenses and permits; MAINTAINS records of the date of issuance and term of license or permit. PREPARES and MAINTAINS election files; ACCEPTS nomination papers; ASSIST~ith election procedures and preparation of ballots for all City elections and referendums. RECEIVES and OPENS City bids; ADVERTISES for vacancies on boards ¢ commissions; ACCEPTS applications for City boards and commissions; NOTIFIES appl/i~ants of appointment status. /.~/~ . ASSIGNS and DELIGATES work; DETERMINES work procedures/arid MONITORS workflow; SUPERVISES staff and CONDUCTS performance evaluations. / PREPARES and ADMINISTERS departmental budget, PROVIDES staff suppod to the P(~lice~itizen's Review Boa/d and other Boards and Committees as directed by City Council. ~ / Physical and EnvironmentalConditions % / / Ability to move about an office building; ability~to tra)~port self from building to building and to attend various functions and meetings at othek\silCs either within or outside City Hall Minimum Education and Bachelor's Degree in Public Administration¢ Busi~ Administration, Office Management, or a related field required; three years experie, nce or a related area including supervisory experience required, exper!ence as .uty city clerk preferred; or an equivalent combination of education and experience., as a City/Municipal Clerk from the International Institute of Municipal clerks preferred L~ired within three years of appointment. Must reside within the city limits of ity. Knowledge, Skills, and Abilities,~'' / Extensive knowledge of mocJern records manag ues including legal requirements for recording, retention, and di~'closure. Thorough knowledge Jirements relating to procedures and practices/~sed by the City Council. knowledge of the organization of City government and st~utory powers and duties of Cit / Skill in the use of co/ml~Uter and other office equipment. Ability to prepare a~cu"rate/' and complete minutes of meetings. Ability to meet deadlines under pressure. Ability t/¢ keep accurate records. Ability to maintain confidentiality in the performance of duties. Ability t¢cCmmunicate effectively both orally and in writing. Ability to meet the public courteously and b,,b~ain and give information. Ability to establish and maintain effective working relationships with elected officials, employees, and the general public. Ability to exercise independent judgmt~.t, and to use resourcefulness and tact in solving problems. Ability to supervise and coordinate the activities of employees. Cclerkjd.doc 10/26/04 IOWA CITY RANDUM Date: May 11, 2005 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Music Licenses with BMI and ASCAP On your consent calendar for May 17, 2005 is a resolution approving city-wide music licenses with BMI and ASCAP. As noted in the comment, these licenses were negotiated by IMLA (International Municipal Lawyers Association) on behalf of its members and provide a blanket license for almost all city uses of copyrighted music. Attached to this memo is a brochure put out by BMI and IMLA which explains the license. Please feel free to call me if you have any questions. cc: Steve Atkins Marian Karr Dale Helling Sarah Holecek eleanor/mem/musiclicense.doc What Is BMI? BMI is a nonprofit making performing rights organization that has been in operation for more than 60 years. Its purpose is to license businesses and other entities that publicly perform music as required by the U.S. copyright law. Through its comprehensive license agreements, BMI offers these entities a cost-effective and convenient method of obtaining per- mission to publicly perform music from copyright owners. BMI, which is recognized in the copyright law as a licensor of music, currently repre- sents more than 300,000 copyright owners (songwrit- ers, composers, and music publishers) and licenses approximately 4.5 million musical works (roughly half of all the music performed in America today). What Is IMLA? The International Municipal Lawyers Association (IMLA) is a non-profit, pro- fessional organization that has been an advocate and resource for local government attorneys since 1935. It champions the development of fair and realistic legal solutions and provides its members with information about, and solutions to, the profusion of legal issues facing its membership today. IMLA & BMI Sound Like A What Local Governmental Good Mix. How Do Local Locations Are Covered Governmental Entities Under This Agreement? Benefit From The The locations covered in this agree- BMI/IMLA Agreement? ment include any buildings, hospitals, IMLA and BMI, both interested parties airports, zoos, museums, athletic facili- in seeking resolve to compliance issues, ties, and recreational facilities (like negotiated this agreement so that local community centers, parks, swimming governments would benefit from one pools, and skating rinks) owned and/or agreement covering all local govern- operated by the local government enti- ment entities' music uses rather than ty. It also includes any other location signing separate agreements for each that the local government has use of music. BMI also gives you the arranged to use. option to license on any of BMI's single use agreements that are specific to What Events And Functions your type of music use. Are Covered Under This Agreement? You may choose one of the two options Events and Functions covered under below to license music for your munici- this agreement include aerobics and pality: exercise classes, athletic events, dances and other social events, concerts, 1. License multiple types of music festivals, arts and crafts fairs, and usage under the BMI/IMLA music parades held under the auspices of, or license. For example, if your munic sponsored or promoted by, the local ipality uses music at a festival, a government at one of its locations. skating rink, in an airport, and at Fees for these types of events are based trade shows, you could cover all on the community's population. these different types of music usage with one BMI/IMLA music license; 2. License single uses of music under a BMI music license for that specific type of music use. For example, if your municipality uses music at a festival and a skating rink you could cover this type of music use with BMI's Festival music license and BMI's Skating Rink music license. 2 3 Trade shows, expositions, conventions, conferences, industrial shows or similar activities are covered provided that the event is presented or sponsored solely by and under the auspices of the local government. The event must also be presented entirely at one of its loca- tions and it must not be open to the general public. What Events Are Not Covered? What Is A Special Event? This agreement does not authorize per- A Special Event includes musical formances of BMI music: events, concerts, shows, pageants, · By or at colleges and universities; sporting events, festivals, competitions, · At any professional sports events or and other events of limited duration game played on the premises; that are presented by the local govern- · At any permanently situated theme ment where the gross revenues for the or amusement park owned or operat- event exceed $25,000. For purposes of ed by the local government; the BMI Local Governmental Entities · By any symphony or community license, gross revenue includes all orchestra; monies received by the local govern- · Or by means of a coin-operated juke- ment or on its behalf from the sale of box. tickets. If there are no monies from the sale of tickets, gross rev- It is important to note that Iicensing enue shall include contri- for performances oF BMI music which butions from the sport- are not covered under this agreement sors or other payments received by the local gov- ernment for the Special Event. Are Trade Shows And Similar Euents Couered Under The BMi/IMLA ~.~ .~ Agreement? can be obtained from BMI under agree- last decade than any other U.S. per- ments specitically designed for these forming rights organization and cur- other purposes, rently represents more than 1 out of every 2 songs on American radio today. This includes music by songwriters and composers in 60 other countries. And since our number of licensed works is always growing, our agreements ensure that you are covered for any new BMI works that may be created during the term of your agreement. For information on specific titles, songwrit- ers, or to access any of our agreements, please visit us at www. bmi.com. What Music Is Included Under This Agreement? Entering into a BMI/IMLA License Agreement affords you the ability to use all of the approximately 4.5 million musical works contained with- in the BMI repertoire. This agreement also saves the local government the time and expense of negotiating sepa- How Do We License If We rate agreements with individual music Are Legally Organized As A copyright owners while still covering State Municipal, County the municipality's responsibilities League, Or A State under the U.S. copyright law. By devel- Association Of Attorneys? oping this agreement, BMI in turn pro- If your organization qualifies under tects the interests of its songwriter, any of these descriptions, you would composer, and publisher affiliates and license under the Agreement for Local ensures that owners of intellectual Governmental Entities using the fees property in the form of music are corn- identified in Schedule C of the pensated so that the creation of music BMI/IMLA License Agreement. continues for all of us to enjoy. The BMI repertoire has won more awards in the 6 7 How Is Our Licensing Fee Adjusted Each Year? Starting in 2003, all fees (except the $500 add-on for populations of 500,001 or more) will be adjusted by the per- centage increase or decrease in the Consumer Price Index (CPI). For specif~ ic information, please review Paragraph 14 of the BMI/IMLA Agreement. How Do We Provide Documentation Of Our · Population And Report Our Music Use To BMI? Upon execution of your Agreement, you will need to report your population based on the most recent published U.S. Census data. This figure will be used to calculate your Base License Fee. You may also need to report information regarding Special Events upon execu- tion of the Agreement. For a detailed explanation of the reporting require- ments during the term of the Agreement, please review Paragraph 13 of the BMI/IMLA Agreement. How Much Profit Does BMI Make From Licensing Fees? None. BMI operates on a nonprofit basis returning all fees, less operating expenses, to our affiliates in the form of royalties. Currently eighty-four cents out of every dollar of your fee is paid to our affiliated copyright owners. 8 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST LICENSE AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND ASCAP (AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS) AND THE CITY OF IOWA CITY AND BMI (BROADCAST MUSIC, INC.) WHEREAS, the City of Iowa City uses music in a variety of public settings; and WHEREAS, ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) license nearly 98% of all music commercially available in the United States; and WHEREAS, the International Municipal Lawyers Association (IMLA), on behalf of its members and all local governments in the United States, has negotiated license agreements with ASCAP and BMI which provide coverage for almost all non-dramatic performances of music presented on both City property and at functions and events hosted by the City on City property at an annual rate based on population, which, for Iowa City, is $537 per year per license; and WHEREAS, said blanket license agreements will save the time and expense of securing a license each time music is publicly performed and no exception to the copyright laws applies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached License Agreements with ASCAP and BMI are approved and the Mayor is authorized to sign and the City Clerk to attest the same. Passed and approved this ].Tth day of Ma,,v ,20 05 oved by CITY'GLERK City Attorney's Office It was moved by Bai]e,¥ and seconded by Champion 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 eleanor/res/ASCAP-agt.doc LICENSE AGREEMENT - LOCAL GovERNMENTAL ENTITIES yt;Ireemen be~een the American Society of Composers, Authors and Publishers ("ASCAP") located at 2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339-3913 by City of Iowa City ("LICENSEE"), located at 410 E. Washington St. Iowa City, IA 52240 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainmenf' or "Mechanical Music". For purposes ofthis Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premi.qes by means other than by live musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television tran.qmi.qsions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on~hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment" mean~ music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, musenms, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pOOlS, and llkating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limiled to, aerobics and exercise classes, athletic events dances and other .social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4:(d) below). (b) This Agreement shall be for an initial term of one year, commencing06/01/2005, which shall be conSidered the effective date of this Agreement, and Continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 4. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report contoining the information set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the fa-st year of this Agreement and any liceuse fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement con£u-ming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right tO adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shah terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference In Operations ASCAP shall have the right to terminate tt~s license upon thirty days whtten notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. *********************** DOCUMENT********** ST~LL NEED SIGNATURES FROM AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHSERS 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users oa a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis o£race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person/office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this day of , 20 . AMERICAN SOCIETY OF COMPOSERS, CITY OF IOWA CITY AUTHORS AND PUBLISHERS -~rne~t W. Lehman MAYOR b~' TITLE (Fill ia capacity in which signed: (a) If corporation, state corporate office held; (b) If parmership, write word "partner" under signature of signing partner; (c) If individual owner, write "individual owner" under signature.) Marian K. Karr, City Clerk BMi Performance LOCAL GOVERNMENTAL [ LI-05/I1-LGE ] Agreement ENTITIES 1. DEFINITIONS (a) LICENSEE shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned and/or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (1) compact disc, audio record or audio tape players (but not including "jukeboxes"); (2) videotape, videodisc or DVD players; (3) music performed as an accompaniment to karaoke; (4) the reception and communication at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the Copyright Law; or (5) a music-on-hold telephone system operated by LICENSEE at the Premises. (d) Live Entertainment means music that is performed at the Premises by musicians, singers and/or other performers. (e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of which BMI has the right to license non-dramatic public performances. (f) Events and Functions n~eans any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in Paragraph 2 (d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of, or sponsored or promoted by, LICENSEE on the Premises. (g) Special Events me~ns musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event exceeds $25,000. ~ 2. BMIGRANT (a) BMI grants and LICENSEE accepts a non~xclusive license to perform, present or cause the live and/or recorded public performance on the "Premises" and at "Events" and "Functions", and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "BMI Repertoire". The performances licensed under this Agreement may be by means of "Live Entertainment" or "Recorded Music". (b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE's Premises, and is not open to the general public; (2) by or at colleges and universities; (3) at any professional sports events or game played on the Premises; (4) at any permanently situated theme or. amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin operated jukebox. 3. REVIEW OF STATEMENTS AND I OR ACCOUNTINGS (a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee. (b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall consider all data and information coming to its attention as a result of any such examination of books and records as completely confidential. (c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population figures provided by the U. S. Census Department. Page I of 4 4. LATE PAYMENT AND SERVICE CHARGES appointed, they shall appoint a third arbitrator. If ten (10) days BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the two percent (1%%) per month, or the maximum rate permitted by arbitrators are unable to agree upon a third arbitrator, then either law, whichever is less, from the date payment is due on any party may, in writing, request the Amedcan Arbitration payment that is received by BMI more than thirty (30) days after Association to appoint the third arbitrator. The award made in the due date. BMI may impose a $25.00 service charge for each the arbitration shall be binding and conclusive on the parties and unpaid check, draft or other means of payment LICENSEE judgment may be, but not need be, entered in any court having submits to BMI. jurisdiction. Such award shall include the fixing of the costs, expenses, and attorneys' fees of arbitration, which shall be borne 5. BMI COMMITMENT TO CUSTOMER I INDEMNITY by the unsuccessful party. So long as LICENSEE is not in default or breach of this Agreement, BMI agrees to indemnify, save harmless, and defend 10. NOTICES LICENSEE and its officers, and employees, from and against Any notice under this Agreement will be in writing and deemed any and all claims, demands, or suits that may be made or given upon mailing when sent by ordinary first-class U.S. mail to brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other musical works which is licensed under this Agreement at the time address which either party may designate. Any such notice sent of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, General notice of any such claim, demand, or suit, to deliver to BMI any Licensing Department at 10 Music Square East, Nashville, TN papers pertaining thereto, and to cooperate with BMI with 37203. Any such notice sent to LICENSEE shall be to the respect thereto, and BMI shall have full charge of the defense of attention of the person signing the Agreement on LICENSEE's any such claim, demand, or suit. behalf or such person as LICENSEE may advise BMI in writing. 6, BREACH OR DEFAULT I WAIVER 11. MISCELLANEOUS Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent contained herein, BMI shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity Agreement if such breach or default continues for thirty (30) days or enforceability of any other provisions. This Agreement after LICENSEE's receipt of written notice thereof. The right to constitutes the entire understanding between the parties and cancel granted to BMi shall be in addition to any and all other cannot be waived or added to or modified orally and no waiver, remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and performance of this Agreement by LICENSEE in any one or signed by both parties. more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of 12. FEES the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE Paragraph. agrees to pay BMI a license fee which includes the total of the "Base License Fee" and any applicable "Special Events 7. CANCELLATION OF ENTIRE cATEGoRY License Fees", all of which shall be calculated in accordance BMI shall have the right to cancel the Agreement along with the with the Rate Schedule on Page 3. For purposes of this simultaneous cancellation of the Agreements of all other Agreement, licensees of the same class and category as LICENSEE, as of (i) "Base License Fee" means the annual fee due in the end of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule advance written notice, and based on LICENSEE's population as established in the most recent published U.S. Census data. It 8. ASSIGNMENT does not include any fees due for Special Events. This license is not assignable or transferable by operation of law (ii) "Special Events License Fees" means the amount due or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of the musical compositions licensed under this Agreement, nor LICENSEE. It does not include any Base License does it authorize any public performances at any of the Premises Fee due. in any manner except as expressly herein provided. (iii)LICENSEES who are legally organized as state municipal and/or county leagues or state associations 9. ARBITRATION of municipal and/or county attorneys shall be required All disputes of any kind, nature, or description arising in to pay only the fee under the Schedule C of the Rate connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not except for matters within the jurisdiction of the BMI Rate Court, subject to Schedule A or Schedule B of the Rate shall be submitted to the American Arbitration Association in the Schedule. Fees paid by such leagues or associations City, County, and State of New York, for arbitration under its then do not cover performances of the municipality, county, prevailing arbitration rules. The arbitrator(s) to be selected as or other local government entity represented by the follows: Each of the parties shall, by written notice to the other, league or association. Schedule C fees are not have the right to appoint one arbitrator. If, within ten (10) days applicable to municipal, county or other government following the giving of such notice by one party, the other shall entities. not, by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so Page 2 of 4 2005 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Check Population Enter Fee Based Upon Range (~) LICENSEE's Population Base License Fee Population ? ~ 1 50,000 $268 50,001 75,000 $537 $53Z [] 75,001 100,000 $644 [] 100,001 125,000 $860 [] 125,001 150,000 $1,074 [] 150,001 200,000 $1,396 [] 200,001 250,000 $1,718 [] 250,001 300,000 $2,042 [] 300,001 350,000 $2,364 [] 350,001 400,000 $2,686 [] 400,001 450,000 $3,008 [] 450,001 500~000 $3~331 [] 500,001 plus $4,082 plus $500 for every 100,000 population increment or portion If 500,001 or more, enter population thereof above 500,000 up to a maximum annual fee of $53,717 SCHEDULE A FEE $ 537.00 SCHEDULE B Special Events Fee (to be reported 90 days after each event*, see Par. 13(d)) The rate for Special Events shall be 1% of Gross Revenue. · "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue' of such Special Events exceeds $25,000. · "Gross Revenue' means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from the sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE B FEE forrn to report your events* SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys (to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys) The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues, or state associations of municipal and/or county attorneys shall be $268.00. No Special Events fee applies to LICENSEES qualifying under this schedule. SCHEDULE C FEE $ 13. REPORTING (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in Paragraph 13 (d) below for ali Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety (90) days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event (as defined above); (iv) the license fee due for each Special Event. Page 3 of 4 (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account number of the other person(s) or entity(les) and the party responsible for payment for such Special Event. If the other party is not licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS / LICENSE FEE FOR YEAR 2005 AND THEREAFTER For each calendar year commencing 2006, all dollar figures set forth in Schedules A, B and C (except the $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index - All Urban Consumers (CPI-U)) between the preceding October and the next preceding October, rounded to the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI. 15, TERM OF AGREEMENT This Agreement shall be for an initial Term of one (1) year, commencing O u ne 1, 2005 , which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the Agreement shall terminate on the last day of the Term in which notice is given. AGREEMENT JUN 0 8 2005 AGREEMENT, made at New York N.Y. on (Date will be entered by BM/upon execution) between BROADCAST MUSIC, iNC., a State of New York corporation with its principal offices at 320 West 57 ~ Street, New York, N.Y. 10019 (hereinafter "BMr) and the legal or trade name described below and referred to thereafter as "LICENSEE" (the "Agreement"). This Agreement includes all of the terms and conditions set forth herein. PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BMI, 10 MUSIC SQUARE EAST, NASHVILLE, TN 37203 ENTER LEGAL NAME: ~LI[:ENSED PRE,~IIS, ES City of Iowa City, Iowa City Hall(and all. other ~l~y premises per (Name of Co~oration. Partn,rship. orlndividual Ortner) defi ni ti on of "1 i censed premi sas" herei n) 410-E.Washington St.,'Iowa City, IA 52240- EN'[ER TRADE.NAM, E: (city) ~i~, ~)~ ]<D~,~c= ~_~[~c~r. I0~ (319) 356-5030 (319) 356-5008 (Doing business under th~ n~lme Ot~ (Telephone No.) (Fax Number) Eleanor M. Dilkes, City Attorney (Contact Name) (7~t~) eleanor-dilkes@iowa-city.org (Email Add/ess) (Web Address) MAILING ADDRESS CHECK APPROPRIATE BOX AND COMPLETE (If different from Licensed Premises address) [] IndividualOwnership 410 E. Washington Street (Street Address) [] EEC [] Corporation Iowa City, IA 52240 (State of In~o~poration. if different from Licensed Premises) (City) (State) (Zip) [] LLP [] Partnership (319) 356-5030 (319) 356-5008 (Ente~ names of partnecs) (Telephone No.) (Fax Number) Eleanor M. Dilkes, City Attorney ~ Other Municipal Corporation (Contact Name) (Tit~) Fed Tax ID# 42-6004805 el eanor-di 1 kes@iowa-ci ty. org (Emeil Address) T(~B~)COMPI;ETED BY AN/~UTH.C~ZED FOR ADMINISTRATIVE USE ONLY /~J~EPRE~NTATIVE O.~/~ICE.~EE TO BE COMPLETED BY BMI B y~/~.m=.~.~2'" ~r,/'. ,~...~ ~.. BROADCAST MUSIC, INC. ~"~Ern'est W. Lehman, ~layor . ~ Signature Marian K. Karr, City Clerk ?boreas G ,%qn~stas, Vice Presider~ Print Name / Title FOR BMI USE ONLY Account No. ' COlD ~ BMI and the Music Stand symbol are registered trademarks of Broadcast Music, Inc. Page 4 of 4 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-184 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 13, 2005 THROUGH SEPTEMBER 24, 2005. WHEREAS, on April 20, 2004, the City Council passed Ordinance No. 04-4123 that allows private entities to sell wine and beer in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Riverside Theatre would like to be able to sell wine and beer in City Park conjunction with Riverside Theatre Shakespeare Festival performances and related events from June 13, 2005 through September 24, 2005; and WHEREAS, it is the City of Iowa City's interest to execute the attached 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 agreement. Passed and approved this 17th day of May ,2005. ClTY'~LERK City Attorney's Office sue/ord&res/BardRes.doc Resolution No. 05-184 Page 2 It was moved by Bai 1 e.y and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside") and the City of Iowa City, a municipal corporation (hereinafter "City"), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in Iowa City City Ordinance No. 04-4123; WHEREAS, Riverside has applied for a license to sell beer and wine for 213 N. Gilbert Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over the following area within City Park from June 13, 2005 through September 24, 2005: The area shall begin at the northeast corner of the festival stage box office and continue on a straight line east 25 feet. The line will then make a right angle turn to the south and continue for 150 feet. The line will then make a right angle turn to the west and continue for 100 feet. The line will then make a right angle turn to the north and continue 50 feet until it meets the festival stage. ("authorized site") Attached, marked Exhibit A, and incorporated herein is an illustration of the authorized site. 2. Term. This agreement shall commence on June 13, 2005 and shall expire on September 24, 2005. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer orwine on the authorized site at any time dudng the period of June 13, 2005 through September 24, 2005. 5. Sale of Beer/Wine. Riverside shall only sell beer or wine to a person who is over twenty-one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debds and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From June 13, 2005 through September 24, 2005, Riverside shall carry comprehensive general liability insurance for bodily injury and property damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 13, 2005 through September 24, 2005, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2005) in the amount of $500,000 (five hundred thousand dollars). Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 2 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. Non-Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 12. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 13. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 14. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. RIVERSIDE THEATRE THE CITY OF IOWA CITY WITNESS: THE CITY OF IOWA CITY Marian K. Karr, City Clerk ~_L'~n~s't f_ehman, Mayor' 3 RIVERSIDE ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~-/'H~ day of a'~'~eppe~ ,2005, before me, a Notary Public in and for the State of Iowa, personally d ..~o'Z~-~ ~ v'/_..,,-~ , to me personally known, who being by me duly sworn, did sat/that he/she is the ~/~ ~r~-,~ ~ -f-- of the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that -'/:Ix. OJ'~ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /'7 day of /V~A , 2005, before me, the undersigned, a notary public in and for t~l~ State of Iowa, personally appeared Ernest W. 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~yIcommission Number 159791 ,,_~ ~.'~ 'J~[ '1 My Commission Expires ,o'T~l 3-'2- o/. Notary Public in and for the State of Iowa Approved by: City Attorney's Office Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 05-185 AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE SOUTH CENTRAL DISTRICT PLAN TO CHANGE THE FUTURE LAND USE MAP DESIGNATION AND PLAN TEXT TO CHANGE THE AVIATION COMMERCE PARK DESIGNATION FROM INTENSIVE COMMERCIAL TO RETAIL/COMMUNITY COMMERCIAL WHEREAS, the property on the north side of the Iowa City Municipal Airport, known as Aviation Commerce Park, had been identified as Intensive or Highway Commercial on the South Central District Future Land Use Scenario Map; and WHEREAS, the Iowa City Municipal Airport had intended to market Aviation Commerce Park to intensive commercial businesses, and has not been successful in attracting these businesses to the property; and WHEREAS, a retail development has been proposed for the property, which would require a change in the zoning designation and the Future Land Use Scenado Map of the South Central District Plan; and WHEREAS, the Planning and Zoning Commission found that Retail/Community Commercial designation for this property is consistent with adjacent commercial properties, would not result in harm to adjacent neighborhoods, and is not a significant change in that the land will still be used for commercial uses, and has recommended approval; and WHEREAS, the Iowa City Airport Commission has recommended approval of selling this land for retail/commercial use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Specific references to intensive commercial development versus retail commercial development in this area of the South Central District be deleted in the South Central District Plan text as follows: Page 24: !,".tcn~-!vc Commercial. Land available in the western reaches of this sub-area with fairly direct access to Highway 1 and near Highway 218 provides opportunities for large lot development. These large properties would be suitable for intensive commercial uses with extensive outdoor storage needs. Entranceway aesthetics need to be considered as these intensive commercial propedies develop and redevelop. IRteP~ve Commercial development and zoning are planned for most of the 54-acre Airport North Commercial Park. The City plans to provide streets and utilities for the new business park, and the Airport Commission will enter into long-term leases with developers, who may further divide the property for businesses that can function as freestanding entities or provide support services for other businesses and industries in the South Central District. Airport-related businesses and a science center are being encouraged to locate in this new commercial park. Resolution No. 05-185 Page 2 ' . As the east retail area of this sub-area is upgraded, encouraging intensive commercial businesses located on or east of the Westport Plaza property to relocate to Cl-l'zones to the south or west could result in a more compatible mix of traffic and commercial shops, offices, restaurants, and residential uses in the area. To address the appearance' of the built-up commercial area along Highway 1, entranceway improvements, including upgrading landscaping, creating pedestrian access, introducing a consistent attractive lighting design and minimizing signs and utility poles within the streetscape, should be considered. Ideally, a joint public/private project could be initiated by the City to address both sides of the Highway 1 commercial corridor. Page 32: Plan for ~ commercial uses to be established in the Airport North Commercial Park, and industrial uses in the south portion of the Airport property. 2. Staff is hereby authorized and directed to amend the Future Land Use Scenario Map to reflect retail/community commercial land uses on the property north of the Iowa City Municipal Airport along Ruppert Road. Passed and approved this 17th day of Ma,y ,20 05 Approved by CI~LERK · city ~ttdrne~s Office It was moved by E11 i ott -and seconded by 0' Donnel 1 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 ppdadm/res/S CDPchange.doc, Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-186 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa city, Iowa, at the Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 7th day of June, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meetin~g~ to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 7 day of June, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 17th dayof May ,20 05 MAYOR Approved by CITY~--LERK ' CtY At[orney's(~O ffi c~''~ pweng~res/2005pavemtappp&s.dcc 5/05 Resolution No. 05-:~86 Page 2 It was moved by Wi 1 burn and seconded by 0'Donnel 1 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: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 05-187 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST ONE-EYED JAKES WHEREAS, on February 19, 2005, an employee of One-Eyed Jakes, 18-20 South Clinton St., Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation One-Eyed Jakes was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against One-Eyed Jakes and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the first such violation of an employee of One-Eyed Jakes within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against One-Eyed Jakes. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: lqay 17, 2005 City C"'terk, City of Iowa City Resolution No. 05-187 Page ? It was moved by Champion and seconded by Raj 1 ~v the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott × Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. .. RESOLUTION ASSESSING $300.00 C1VIL PENALTY AGAINST JAKES WHEREA~',X,0n February 19, 2005, an employee of One-Eyed Jakes. Iowa City, vi61ated Iowa Code § 453A.2(1) by selling or providin ; and WHEREAS, at of this violation One-Eyed Jakes )Prating under a retail cigarette permit issued · of Iowa City; and WHEREAS. § 453A.22(2), an ;hment which holds a retail cigarette permit shall ected civil penalty of $300.( ; a result of its employee violating Iowa Code § 453A.2(1), and WHEREAS, a hearing was held , Council to determine whether to assess the civil penalty against said hearing the City Council heard the facts of the violation and the arguments if any; and WHEREAS, this violation is the first s two year period to 2ouncil under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RES CITY OF IOWA CITY CITY COUNCIL that the City Council, tnd hearing, to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the of $300.00 a One-Eyed Jakes. BE that said retail ci has sixty (60) days from the date of this Resolution to the civil penalty in full, and )enalty is not timely paid the retail ci~ permitee shall , be suspended for a period of fourteen (14) days, in to the $300.00 civil penalty. BE that the City Clerk will forward aX~opy of this Resolution to the Johnson County "s Office, which will then provide a co,py oT~he same to the retail cigarette permit via re~ lar mail sent to the permit holder s plac~of business as it appears on the applicatic retail, garette permit. / PASSED ANI~ APPROVED: / Mayor, City of Iowa City ATTEST: City Clerk, City of Iowa City ~.~- ~, P, -,,.4f [~'t~l~S E] NON-RES [~ OC D'~':C&R IOWA UNIFORM CITATION AND COMPLAINT ~ H IS ~ ~-HIS IOWA CITY ~IC~D~ENT ARMED , , .... JOHNSON r¥ ~ Ilc e chY of; i6W~ ~iv ...... :~ 0:, c .~,~ :,~ 4!? S:~NTON SmEET, JOHNSON COUNTY COURTHOUSE ~ Defend~t, La~. 1~ 12 First (~ __ M~dle offJcs consisfingq~~Oea DL Class Q DL End DL Rest. 1~ ' IN T~SnMONY ~ER~ her;u~ of_ ~rll ., ~ec~ Th~undersig~dstatesth~to~o~bout ~ /I ~~;~LffZ2~- e defendan, did unlawfully: Mo. Day Yr. Operate Molor Vehicle/Boat (describe) Reg. ~ ~State } ~ ~ . Ye~ Upon a public highway z~ Loca[cd m the coun[y a~d state aforesaid and did [hc~ a~d there commit [he following offense: DTrdfic ~ ~avigation ~ Snowmobd~/ATV ~Fish-G~e Surcharge $  ~P.I. ~p.D. ($1~) Accident ' ~ Fatal Accident . , , . ~ Civil Damage Assessment sp.~ ~. ~ Zo.e&~. ~ ~,;3- '~ '~. ~ ~a Code DATA CODE __ Fed/Adm. Code Local Ord. 1 ce~if under cnah of ' /~ ' y p' ' y peoury ann pursuit to ~ la~ o~e State of Iowa that the Dated ~ [~ ~[~ ~~ y Officer's Sign3ture ~ No. ~ - ~ ~ ~ If you must appc~ in cou~ or if you choose to appear to answe~ a charge ? ~. Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. of providing false information. The following applies to simple misdemeanors only: ~ ~ ~ OTItER DISPOSITION Thc Court iher, ~ I~n;c~ tn Folio vtue ~!rd5~.~'? s Dale FINED $ SL.:RCItARGI:. ~ ~ ....... ' -r ......... (Y)STS ........................... 4 Days: DATE C( hued I*): .- ............................... .~EASON: t)A I'E: Continued t~ JOHNSON COUNTY CLERK OF COURT PO BOX 2510 IOWA CITY IA 52244-2510 04/07/05 Case Number: 06521 STIC157084 * FINAL NOTICE OF PAST DUE COURT FINE AND COSTS * TROY EUGENE MILLER 1 SOUTH DUBUQUE ST #1 IOWA CITY IA 52242 Failure to pay overdue amounts may trigger further court action including the following procedures: * Driver's license revocation * Refusal to renew vehicle registration * Withholding of Iowa State Income Tax Refund * Contempt of Court * Garnishments/Executions on Wages/Assets * Liens on Real Property * Forfeiture of money owed to you by the Clerk Of Court * Collection by the County Attorney If payment is not received within 30 days of the date of this notice, your account will be referred to the Iowa Department of Revenue and Finance for collection. A 10% fee will be added to the amount overdue. TO ENSURE PROPER CREDIT, PLEASE RETURN THIS FORM WITH YOUR PAYMENT. AMOUNT DUE Before 05/07/2005 pay $212.00 After 05/07/2005 pay $233.20 . You may have accrued costs and fees not included in the above totals. Payment may be made in the following ways: 1. BY MAIL. Send this form with your payment by check, cashier's check, certified check, money order or credit card to the Clerk's Office in the county above. 2. IN PERSON. You may pay in person at the same office. 3. BY CREDIT CARD. You may pay by VISA or MasterCard by completing, signing and returning the authorization form below, by telephone or in person. Credit card payments will be verified before they are accepted. For questions call: CREDIT CARD AUTHORIZATION for Case Number: 06521 STIC157084 I authorize the Clerk of Court to charge my credit card (check one): MasterCard or VISA with the following amount $ My credit card number: - expiration date: / Day-fi~ P~o~--~: -- I understand that my card will be verified before the payment is credited to my case. Signed: Date: Charges Page 1 of 1 Charges, Dispositions, Sentences Title: STATE vs. MILLER, TROY EUGENE Case: 06521 STIC157084 (JOHNSON) Defendant: MILLER, TROY EUGENE Count 01 Charge 1ST OFFENSE - EMPLOYEE PROVIDiNG 453A.2(1)- Description: TOBACCO TO MINOR Charge: C Offense 02/19/2005 Arrest Against Type: Date: Date: Adjudication 1ST OFFENSE - 453A.2(1)- Description: EMPLOYEE PROVIDING TOBACCO TO MINOR Charge: C Adj.: GUILTY Adj.Date: 04/05/2005 Adj.Judge: TICKUP, Comments: Sentence 1 ST OFFENSE - 453A.2(1)- Description: EMPLOYEE PROVIDING TOBACCO TO MINOR Charge: C Sentence 04/05/2005 Sentence: FINE Date: Appeal: Sen. Judge: TICKUP, Facility Attorney: Type: Restitution: Drug: Extradition: DDS: Batterer: Lic. Revoked: Fine Duration: Amount: Comment: http://www.iowacourts.state.ia.us/ESAWebApp/TViewCharges 5/17/2005 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 05-188 RESOLUTION ADOPTING PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION, INSPECTION, SUSPENSION, REVOCATION, REMOVAL, FEES, AND INSURANCE, WHEREAS, the City desires to clean up the downtown alleys, which are public rights-of-way; and WHEREAS, in Ordinance No. 05-4160 City Council required that a permitting system for solid waste containers in the downtown alleys be adopted by resolution; and WHEREAS, it is in the best interest of the City to adopt the City of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys, a copy of which is attached to this resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: The City of Iowa City Permit System for Solid Waste Containers, a copy of which is attached to this resolution is adopted. Passed and approved this 17th day of ['I~Y ,2005. MAYOR CITY Ct:ERK Approved by City Attorney's Office sue/ord&res/dumpster-Res.doc Resolution No. ~qE-1 RR Page ? It was moved by Bailey and seconded by Wi ] bu~'n 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 × Wilburn CITY OF IOWA CITY PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS Definitions and Size Limits Solid Waster Container A receptacle used by any person or operator to store solid waste during the interval between solid waste collections. Grease Container A solid waste container in which grease is stored during the interval between grease collections. Rec¥clin.q Container A solid waste container in which recyclables are stored during the interval between recycling collections. Volume Volume of the solid waste container may be 1-yard, 1.5 yard, 2-yard, or 95-gallon. Dimensions No solid waste container shall be larger than seventy-two (72) inches in length, forty- eight (48) inches in width, or two (2) yards in volume. Permit Process Permit Required No person shall place or maintain any solid waste container on the public right-of-way in the downtown without first obtaining a permit. Application An application for a permit to place or maintain a solid waste container in the downtown public right-of-way shall be filed with the Clerk of Court on a form provided by said department. Issuance The Clerk of Court or designee may issue a revocable permit to a person to use the downtown public right-of-way to maintain a solid waste container after payment of the permit fee, after providing proof of insurance, and after assurance that the person shall comply with all conditions of the City ordinances, including the Fire Code, Section 7-1 of the City Code. Duration Each permit shall be issued for the period from July 1 to the following June 30 and shall be valid for that particular year. Fees There shall be no permit fees assessed through June 30, 2006. Prior to July 1, 2006, the City will evaluate the cost of operating this permit system during its initial year and may institute fees by resolution beginning July 1, 2006. Placement The permit holder shall adhere the permit in a conspicuous place on the front of the solid waste container in the upper, center area. Insurance A permit holder shall provide, at the time the permit application is filed, a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $500,000 for each occurrence and $1,000,000 in the aggregate. The permit holder shall provide thirty (30) days notice to the City before cancellation of said insurance. Hold Harmless A permit holder shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the placement or maintenance of a solid waste container, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the placement or maintenance of said solid waste container. Assignment The sale, transfer, or assignment of a solid waste container permit is expressly prohibited unless approved in writing by the City Manager or designee. Revocation and Suspension If the City Manager or designee finds that a city ordinance, state law, federal law, or a provision of the "City' of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys" has been violated, any permit issued under this Chapter may be revoked or suspended. The City shall notify the permit holder of the violation by posting a notice of violation on the solid waste container. Notice shall be deemed posted by securely and conspicuously attaching the notice to the solid waste container. The notice of violation shall state the following: a. Date and time the notice is attached to the solid waste container. b. The City's intent to revoke or suspend the solid waste container permit forty-eight (48) hours after the posting of the notice. c. A description of the reason for the revocation or suspension with reference to the applicable City ordinance, state law, federal law, or permit provision. d. Actions that must be taken by the permit holder to remedy the violation. e. The place and time at which the permit holder will be given the opportunity to present a written or oral statement to the City Manager or designee if the permit holder believes that there are not grounds for revocation. f. A statement that the solid waste container will be promptly removed by the City without further notice to the permit holder if the permit is revoked or suspended. Removal If the solid waste container permit is revoked or suspended, the City may remove the solid waste container without further notice to the permit holder. If the solid waste container is removed, the City may store it at the Iowa City landfill area. The costs that must be paid to reclaim it are the actual costs of removing the solid waste container and a storage fee for storing the solid waste container at the Iowa City landfill area. The storage fee shall be a flat fee of $25.00. If the permit holder does not claim the solid waste container within thirty (30) days of its removal, it will be considered abandoned, and the City may dispose of it. Additional Permit Requirements Cleaned The solid waste container shall be steam cleaned at least two (2) times between July 1 and the following June 30. Lid/Lock The solid waste container shall be covered at all times with a watertight lid and locked in position. Painted/Labeled The solid waste container shall be painted and labeled identifying the owner including a telephone number. Collection Solid waste containers shall be emptied between 5:00 a.m. and 8:00 a.m. Inspection The City may inspect a solid waste container at any time without prior notice to the permit holder. Adopted in Resolution No. 05-188 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 05-189 RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL YEAR 2006 FOR THE CITY MANAGER, CITY ATFORNEY, AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs the City Manager, City Attorney and City Clerk subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following compensation is hereby established effective July 1,2005: Salary: City Manager- $144,414.40 City Attorney - $60,440.64 (60% FTE) City Clerk - $77,696.00 Other: City Manager- Cash value of 80 hours of accrued vacation ($5,405.60), to be paid directly to pension plan. City Clerk- Cash value of 80 hours of accrued vacation ($2,916.00), to be paid directly to pension plan. Passed and approved this ]7th day of May ,2005. Approved by ciTY'GLERK City Attorney's Office clerk\res\sa[ades05.doc Resolution No. 05-189 Page 2 It was moved by Champion and seconded by 0'Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Brian Boelk, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 05-190 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT. WHEREAS, Lynch's Excavating of West Branch, Iowa has submitted the lowest responsible bid of $146,945.00 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 Lynch's Excavating, 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 17th dayof May ,20 05 Approved by CITY'CLERK (~it~ Attorney's ¢ffic~ ' ..~-',,/~"'2/~,)'"" It was moved by C hampi on and seconded by Bai'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 pweng~res~davenpod-awrdcon.doc ADVERTISEMENT FOR BIDS 2005 DAVENPORT STREET WATER IMPROVEMENTS CITY OF IOWA CITY Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 17th day of May, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 17th day of May, 2005, or at such later time and place as may be scheduled. The Project will involve the following: furnish and install approximately 260 square yards of total paving (asphalt, Portland Cement Concrete, and brick), furnish and install 495 lineal feet of water main, furnish and install water hydrants, valves and water service, minor demolition, seeding, removals and other related work. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consultants, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forCeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a T:\6400\6416008\Specs\Con~-act Docs~Adv. for Bids.doc bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and sha~l guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and sha~l also guarantee the maintenance of the improvements for the period of five (5) years for paving and water mains, from and after its completion and formal accep- tance by the City. The following limitations shall apply to this Project: Working Days: 40 Specified Start Date: June 1,2005 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks.may be secured at the Office of the Project Engineer, MMS Consultants, Inc., 1917 S. Gilbert Street, Iowa City, Iowa, by bona fide bidders. Questions in reference to said plans and specifications should be directed to Edward Brinton, P.E. of MMS Consultants, Inc. at 319-351-8282 or fax. 319-351-8476. A $25.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Inc. Plans and specifications will be available on April 20, 2005. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. AD-2 T:\6400\6416008XSpecs\Contract DocsLAdv. for Bids.doc The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Brian Boelk, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. ~ RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE TO IGN AND THE CITY CLERK TO Al=rEST A FOR OF THE 2005 DAVENPORT WATER OVEMENTS PROJECT. WHEREAS, of ha~ ,mitted the lowest responsible bid for construction of the ect. NOW, BE IT RESOLVED BY THE CITY OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract ~e construction of the project is hereby awarded to , to the condition that awardee secure adeq and payment bond, in~ and contract compliance program statements. 2. The Mayor is ,rized to si~ and the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. Passed and approved this ., 20 Approved by ATTEST: CITY CLERK Attorney's Office It was moved by and seconded by the Resolution be adopted, and call there were: AYES: NAYS: ABSENT: Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwe ng\rnasters\daven por~-awrdcon .doc xb Prepared by: Brian Boelk, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 05-191 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE GRAND AVENUE IMPROVEMENTS PROJECT. WHEREAS, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible bid of $207,592.90 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 All Amedcan Concrete, 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 17th day of Nay ,20 05 Approved by CITY'CLERK City Attorney's Office It was moved by ~1i 1burn and seconded by 0' Donne'l 1 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\grandave-awrdcon.doc Prepared by: Brian Boelk, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) RESOLUTION NO. AWARDING CONTRACT AND MAYOR TO SIGN THE CITY CLERK TO A'I-I'EST )NTRACT FOR C(~ OF THE GRAND AVENUE NTS PROJECT. WHEREAS, of has submitted the lowest responsible bid of $. ~r construction of the project. NOW, THEREFORE, BE IT BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction above-named project is hereby awarded to subject to the condition that awardee secure adequate performance and ~surance certificates, and contract compliance program statements. 2. The Mayor is hereby authoriz~l to sign and City Clerk to attest the contract for construction of the above-naMed project, sul the condition that awardee secure adequate performance and I~yment bond, ins and contract compliance program statements. / Passed and approved this/day of____ 20 / .~ M--"~"~0--~ Approved by ATTEST: / CITY C__Z'ERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\masters\grandave-awrdcon.doc ADVERTISEMENT FOR BIDS GRAND AVENUE IMPROVEMENTS PROJECT Sealed proposals will be received bythe City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 17th day of May, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 17th day of May, 2005, or at such later time and place as may be scheduled. The Project will involve the following: PCC Paving, Steam Vault Modifications, Traffic Signal Modifications, Storm Sewer Construction and Other Incidental Items. All work is to be done in strict compliance with the plans and specifications prepared by Earth Tech, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Calendar Days: 67 Specified Start Date: June 6, 2005 Liquidated Damages: $400.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the ©ffice of the City Engineer, Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, by bona fide bidders. A $35.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Plans and specifications will be available on April 20, 2005. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. AD-2 MARIAN K. KARR, CITY CLERK