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HomeMy WebLinkAbout1998-12-01 Resolution12-01-98 ~ 4e( 1 ) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. '98-373 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MERCANTILE BANK MIDWEST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 19 REGAL LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $3,000, executed by the owner of the property on April 25, 1997, and recorded on May 2, 1997, in Book 2261, Page 128 through 131 in the Johnson County Recorder's Office covering the following described real estate: Lot seventy-three (73), Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, plat records of Johnson County, Iowa, WHEREAS Mercantile Bank Midwest, is in the process of refinancing the first mortgage in the amount of $71,000.00 to the owner of 19 Regal Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Mercantile Bank Midwest to make such a loan; and WHEREAS, Mercantile Bank Midwest has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to Mercantile Bank Midwest; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Mercantile Bank Midwest, Iowa City, Iowa. Passed and approved this 1 s t ATTEST: CI~EER'~K plxlrehab/res/19regsub .doc day of December' ,1998. City Attorney's ~ce Resolution No. 98-373 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberr.y the Resolution be AYES: NAYS: ABSENT: Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MERCANTILE BANK MIDWEST of IOWA 'CITY , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain DAP* in the amount of $ ~, OO0 and was executed by LORZ A. (herein the Owner), dated ApR'rr. 29 MAY 2 , 19 97 in Book 2261, Page Recorder's Office, covering the following-cjescribed real property: LOT SEVENTY-THREE (73), LAKESIDE ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 9, PAGE 99, PLAT RECORDS OF JOBNSON COUNTY, IOWA. , loan which at this time is SCHUELLER 1997 recorded 12~, Johns'on County WHEREAS, the Financial Institution proposes to loan the sum of $ 71,O00.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property descr'ibed above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted DAP LOAN held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the acknowledged as a lien superior to the DAP LOAN Financial Institution is hereby of the City. * DOWNPAYMENT ASSISTANCE PROGRAM SUBORDINATION AGREEMENT Page 2 Binding Effect. This agreement shall be binding upo.n and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 20TH day of Mayor Attest: By Att O Olty omey's f~ce CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / <'/' day of .J% ,z, ~,~-,-,J,¢,,- ,1995 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared {':," r, e .s f ~4)- L~-k~c,,,. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ~D- ..:3 7 ~; passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /~ day of -["')~ce.,,~-t_,- , 19 ~/5 , and that F.,~,,~,F ~c). I--,~d,t,,,-y~,. and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Public in and. forof Iowa 1:1 v..f,'~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 20TH undersigned, a JEFFREY J. day of NOVEMBER Notary Public in and for NIELSEN'and the State , A.D. 1998 , before me, the of Iowa, personally appeared , to me personally known, who SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the VICE PRESIDENT and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said 'VZCE PRESZDENT and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. :"" ' MARGARET J. DOERGE ~,~,~T~ MY COMMISSION EXPIRES n~Jng',subrdntn.agm Prepared by: Liz Osborne, PPD Rehab, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-374 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRSTPLUS FREEDOM, SALT LAKE CITY, UTAH FOR PROPERTY LOCATED AT 6'19 KIRKWOOD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Rehabilitation Agreement, a Promissory Note and a Mortgage in the amount of $4,145.00, executed by the owners of the property on May 12, 1995, and recorded on May 19, 1995, in Book 1905, Page 117 through 128 and another Mortgage in the amount of $11,076 executed by the owners of the property on October 22, 1996, and recorded on October 30, 1996, in Book 2178, Page 39 through Page 43 in the Johnson County Recorder's Office covering the following described real estate: The East 11 feet of Lot 3, and the West 34 feet of Lot 2, in Block 6, in Lucas Addition to Iowa City, Iowa, according to the recorded plat thereof, WHEREAS, the City's lien totals $15,221; and WHEREAS FirstPlus Freedom, Salt Lake City, Utah, is in the process of refinancing the first mortgage in the amount of $92,355.00 to the owners of 619 Kirkwood Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce FirstPlus Freedom to make such a loan; and WHEREAS, FirstPlus Freedom has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to FirstPlus Freedom; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and FirstPlus Freedom, Salt Lake City, Utah. Passed and approved this ].st day of ATTEST:Ci~LE~RK~' December ,1998. Approved by City Attorney's Office ppdrehab/res/619kirkw.doc Resolution No, 98-374 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: × X X X X Thornberry the Resolution be ABSENT: Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef 0CT-28-98 14:47 F~OH=CiLF of IO~A CI'fY l~,~l~db~ r~u~ ~ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, heroin the City, and ~FirstP]us F..i.nancial Inc. Of Salt Lake ,City, Ut. , ~rein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgages Prom~ ssnry Nnte, Rehab Agreemenl which at this time is in the amount of $ 15,22__1.00 _ and were executed by City Of Iowa City (heroin the Owner), dated May 12 1995 , recorded May _19 , 19 95 , in Book 1905 . Pag'~'l!7___ 'through ]28 ., and dated October 22 ...... t996__, recorded October 30 .... 1996 , in Book 2178 , Page 39 _._ through 43 , Johnson County Recorder's Office, covedng the following described real property: THE EAST 11 FEET OF LOT 3, AND THE WEST 34 FEET OF LOT 2, IN BLOCK 6, IN LUCAS ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, the Financial Institution proposes to loan the sum of $ 92,355.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS. to induce the Financial Institution to make such loan, it is necessary that the Mortgages, Primissory note & reha~. ~feement. held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Morl-,g/qgp.~, p,r'PmF'.~.~nry nr~t-e* held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. * & Rehab agreement. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable censlderation for its act of subordination heroin. SUBORDINATION AGREEMENT Page 2 Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the ~ort~a~es Pr~nissorv Note. ?. of the City. & Rehab Agreement. * Binding Effect. This agreement shall be binding upon and inure to the .benefit of the respective heirs, legal representatives, successors. and assigns of the parties hemto. Dated this / '<J' day of .-~ece_.~,~_v- , 19 ? ~ Attest: FINANCIAL INSTITUTION F,,~___~~.rstPlus F' anci Inc. Mayor , Appr0ved By City Attomey's CITY'S ACK.NOWLEDGEME. NT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of .., 1991, before me, the undersigned, a Notary Public in and for the S{ate of Iowa, personally appeared and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively. of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation. by authority of its City Council. as contained in (Ordinance) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the day of and Madan K. Kar~ ackn~'~vled'geld9 and that tl~e execution of the ir~strum~nt to be their voiuntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NotaW Public in and for the State of Iowa 0CT-28-98 14:47 FROM:City oF IOWA Ul'fY IU:~I~j~b~UU r~u~ ~, SUBORDINATION AGREEMENT Page 3 STATE OF~I)~/A/~ ) County Of Salt Lake ) SS: 40 i i/¢ U Tf ) on behalf of said coloration by authority of its Board of ~om~ and that the said % ~'p' and . as such o~cem ~moration, by it and by them volunta~ly e ~ d. ( / ..... r e St~te~ "~/ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 98-375 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LOAN FOR THE PROPERTY LOCATED AT 120 NORTH GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on May 5, 1988, the property owners of 120 North Governor Street, executed a Rental Rehabilitation Lien to secure a 1 O-year, no-interest declining balance loan for the amount of ~ 15,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the loan were satisfied on November 5, 1998; and WHEREAS, the lien needs to be released. 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 120 North Governor Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded May 11, 1988 in Book 1001 Page 421 through 423 of the Johnson County Recorder's Office. Passed and approved this 1st ATTEST:Ci~L~~RK ~.. day of December ,1998. Approved by ' ity Attorney's Office~ It was moved by Norton and upon roll call there were: AYES: X ppdrehab/res/120ngov.doc NAYS: and seconded by Thornberry ABSENT: Champion × Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef the Resolution be adopted, Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 120 North Governor Street, Iowa City, Iowa, and legally described as follows: Commencing at a point 75 feet south of the northwest corner of Outlot 5, in Iowa City, Iowa, according to the recorded plat thereof, thence east 80 feet, thence south 75 feet, thence west 80 feet, thence north 75 feet to the place of beginning, from an obligation of the property owners, Ronald Johnson and Kay Radke-Johnson, to the City of Iowa City in the total amount of ~15,000 represented by a Rental Rehabilitation Lien recorded on May 11, 1988 in Book 1001 Page 421 through Page 423 of the Johnson County Recorder's Office. 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. ATTEST: CIT~CL~~RK ~ Approved by ic STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / 5-r day of JE)e_u_rn ]w_,- , A.D. 19 '~?8' , before me, the under- signed, a Notary Public in and for said County, in said State, 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~f-3 75 , adopted by the City Council on the / ~Z' day o-rr j% c~rn/~e_,-- , 19 ~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/120ngov.doc Notary Public in and for Johnson County, Iowa Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-376 RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART FIVE, IOWA CITY, IOWA. WHEREAS, the owner, Dan-Ed Ltd., filed with the City Clerk the final plat of Galway Hills, Part Five, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'02"E, along the East Line of said Northwest Quarter, 50.00 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue, and the POINT OF BEGINNING; Thence continuing S00°10'02"E, along said East Line, 762.84 feet; Thence S89°49'58"W, 325.50 feet; Thence S66°52'27"W, 177.18 feet; Thence Southeasterly, 25.82 feet, along a 402.32 foot radius curve, concave Southwesterly, whose 25.82 foot chord bears S21°17'14'E; Thence S70°33'05"W, 66.00 feet; Thence Northwesterly, 49.36 feet, along a 30.00 foot radius curve, concave Southwesterly, whose 43.98 foot chord bears N66°35'12"W; Thence S66°16'32"W, 21.09 feet; Thence Southwesterly, 38.18 feet, along a 497.37 foot radius curve, concave Northwesterly, whose 38.17 foot chord bears S68°28'28"W; Thence N19°19'36"W, 200.23 feet; Thence S88°43'34"W, 38.61 feet; Thence N00°34'26"W, 147.04 feet; Thence Northwesterly, 41.45 feet, along a 375.00 foot radius curve, concave Northeasterly, whose 41.42 foot chord bears N87°24'28"W; Thence N05°45'30"E, 345.14 feet; Thence N00035'36"W, 196.27 feet, to a Point on the Southerly Right-of-Way Line of Melrose Avenue; Thence N89°24'24"E, along said Right-of-Way Line, 749.42 feet, to the Point of Beginning. Said Tract of land contains 13.63 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the flee consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 98-376 Page 2 The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal.documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this I s t ATTEST:Ci~~ 7~. ~-z.A day of December ,1998. d by It was moved by Thornberry adopted, and upon roll call there were: AYES: NAYS: X and seconded by Norton ABSENT: Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef the Resolution be ppdadmin~es~galway5b.doc 12-01-98 6h Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-377 RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISION OF LOTS 3, 4, 5 AND 6 OF WB DEVELOPMENT, IOWA CITY, IOWA· WHEREAS, the owner, Howard Winebrenner, filed with the City Clerk the final plat of a resubdivision of Lots 3, 4, 5 and 6 of WB Development, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lot 3, 4, 5, and 6, W.B. Development, Iowa City, Iowa, as recorded in Book 36 at Page 118, of the records of the Johnson County Recorder's Office. Said tract of land contains 8.33 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said :final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. ,,,/Resolution No. 98-377 -' Page 2 Passed and approved this ]st C:iS[ f2ORATE SEAL It was moved by Thornberry adopted, and upon roll call there were: day of December , 1998. ~41t,~4-~Z4.~ MAYOR and seconded by 0'Donne]] the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdadrnin~'es~Wbdev.doc City of Iowa City MEMORANDUM Date: To: From: Re: November 13, 1998 (for November 19 meeting) Planning and Zoning Commission Scott Kugler, Associate Planner SUB98-0020. Resubdivision of Lots 3-6, WB Development This item was deferred at previous meetings to allow the applicant to address staff concerns about access and sanitary sewer capacity issues. A revised plat and updated sewer capacity calculations have been submitted to address these concerns. Staff feels that these issues have been satisfactorily addressed. These issues are discussed briefly below. A copy of the September 3 staff report is also attached for the Commission's review. With an increase in the number of lots being proposed, staff was concerned about the amount of sanitary sewer capacity in the private lift station and force main serving this development that would remain available for each lot. The applicant has submitted more detailed calculations regarding the capacity of the sewer system, and has revised its capacity allocation for the subdivision. A certain amount of capacity will be reserved for each lot, with some capacity being held in reserve by the developer for allocation to individual lots within the subdivision as needed when they are developed. Public Works has reviewed the calculations and is satisfied that enough capacity is available for the development of the lots being proposed. The development of individual uses that generate a great deal of waste may be restricted in the future due to these limitations, but the amount reserved for each lot will ensure some reasonable use of each lot despite what has developed on surrounding properties. Lots 5 and 7 of the resubdivision are to be accessed via a private drive, to be named Escort Way, located along the east line of Lot 3. Earlier versions of the plat located this access easement on top of an existing storm sewer, drainage, sanitary sewer, and utility easement. Staff was concerned about this alignment due to the potential for this access to be blocked in the future any time these utilities needed to be serviced. This would result in the only access to Lots 5 and 7 being blocked during those times. The revised plat indicates that the access easement has been moved to the west to avoid this conflict. As discussed in the September 3 staff report, access to Lot 4 is to be provided from Sierra Court, a private drive off of Naples Avenue to the southwest of this subdivision. Staff has received no information indicating that an easement has been granted to the developer to secure a permanent access for Lot 4. Staff continues to recommend that a recorded easement be obtained for access to this lot prior to City Council approval of the plat. STAFF RECOMMENDATION: Staff recommends that SUB98-0020, a request for a preliminary and final plat of a Resubdivision of Lots 3, 4, 5, and 6 of WB Development, an 8.33 acre, 8-lot commercial subdivision located along the south side of Escort Lane, be approved, subject to securing a permanent means of access to Lot 4, and the approval of legal papers and construction drawings by staff prior to City Council consideration of the plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development .% STAFF REPORT To: Planning and Zoning Commission Item: SUB98-00)0. Resub. of Lots 3, 4, 5 and 6 W.B. Development GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: Prepared by: Scott Kugler Date: September 3, 1998 Howard Winebrenner 217 Stevens Drive Iowa City, Iowa 52240 Phone: 338-7811 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat. To subdivide four existing lots into. eight new lots. South side of Escort Lane, east of Naples Avenue. 8.33 acres Vacant, C1-1, Intensive Commercial North: Convenience store, vacant, CI- 1; East: Highway 218; South: Commercial, storm water management facility, C1-1; West: Undeveloped, C1-1 and CP-2 (County). Intensive Commercial Chapter 14-7, Land Subdivisions July 30, 1998 September 13, 1998 60-day limitation period: September 28, 1998 BACKGROUND INFORMATION: The applicant, Howard Winebrenner, is requesting a preliminary and final plat of a Resubdivision of Lots 3, 4, 5 and 6 of W.B. Development. The property consists of four existing lots that would be divided into eight new lots. The W.B. Development subdivision originally consisted of eight building lots and one outlot containing a storm water management facility. Three subsequent plats have been submitted and approved to resubdivide the original lots. If this subdivision is approved, a total of 16 building lots and one outlot would be established within this development. ANALYSIS: The proposed preliminary and final plat appears to be in general conformance with the City's subdivision regulations, although Public Works' review of recent revisions to the plat is not yet complete. It is anticipated that their review will be completed and any outstanding deficiencies addressed prior to the September 3 meeting. Legal papers have been submitted, and will have to be approved prior to City Council consideration of this item. Subdivision Design/Access Issues: The proposed plat divides the existing lots such that three of the proposed lots would have no frontage on a public street. Although frontage on a public street is not required in commercial zones, this creates potential identification problems for the businesses located on these lots. Not only will potential customers have more difficulty finding businesses on these lots, but it also creates difficulties for emergency response personnel that may have to locate a certain address in a hurry. The applicant has stated that it has been difficult to find buyers for the existing lots due to their size and depth, and that it is not feasible to divide the lots while providing street frontage to each lot, as the resulting lots will be very long and narrow. The solution being proposed to address these issues involves the provision of a private street between lots 3 and 6 which will have a name (Escort Way) and will provide access to lots 5 and 7. Lots 5 and 7 will have Escort Way addresses, making it more clear as to their location. Proposed Lot 4, which also contains no frontage on a public street, will be accessed from an existing private drive, Sierra Court, to the southwest. Sierra Court provides access to the original Lot 8 of W.B. Development, Lot 1 of a Resubdivision of Outlot A, W.B. Development, and Lot 3 of a Resubdivision of Lot 2, W.B. Development, all of which are owned by Jeff Maxwell. The proposed Lot 4 would have a Sierra Court address, which should make it more clear as to how it is accessed. According to the applicant, Maxwell has offered to purchase Lot 4 also. The plat currently contains a note indicating two options as to how Lot 4 will be provided access. Staff feels that access to this lot should be secured and recorded before the City approves the final plat. Without access to the lot clarified and in place, Lot 4 is not a viable lot. Access needs to be secured via an easement to ensure that the lot will be useable in the event that Maxwell decides not to purchase the property. Sanitary Sewer Issues: Another concern with this proposal deals with sanitary sewer capacity. When this property was annexed and developed, a private lift station was installed to serve this development. The size of the system installed limits the amount of waste that can be generated collectively by the businesses located on the property. This issue was discussed at length when the original Lot 7 and Outlot A were resubdivided, and agreements and legal papers were put in place to monitor and address this issue over time. No building permit for a lot within WB Development will be issued until the applicant demonstrates there is enough sewer capacity for the proposed use. If this plat is approved,' those agreements may need to be revised to reflect the additional lots being created. This issue will be addressed as legal papers are reviewed and approved, and should be taken care of prior to City Council consideration of the final plat. Lots 4, 5, and 7 will sit much lower in elevation than Escort Lane, which means that sanitary sewer services cannot be run to the sanitary sewer located within the Escort Lane right-of- way. However, there is a sanitary sewer line running between Lots 5 and 7 which can be utilized to achieve gravity services for Lots 5 and 7. Lot 4 cannot be serviced in this manner. Jeff Maxwell has installed a sanitary sewer line within Outlot A to the south of these lots which could provide sanitary sewer service for Lot 4. If Maxwell purchased Lot 4, this is not a problem. However, in the event that Maxwell does not purchase Lot 4, an agreement should be in place to allow the developer of that lot to tie into this private sewer line. As with the access issue, Lot 4 is not a viable lot unless sanitary sewer service is available. An agreement to use the private sanitary sewer line should be in place prior to Council consideration of the plat. STAFF RECOMMENDATION: Staff recommends that SUB98-00;20 be deferred pending review of the revised plat by Public Works. Upon completion of this review and resolution of any remaining deficiencies, staff recommends that the request for a preliminary and final plat of a Resubdivision of Lots 3, 4, 5, and 6 of W.B. Development, an 8.33 acre, eight-lot residential subdivision located on the south side of Escort Lane, be approved, subject to the approval of legal papers, revised sanitary sewer agreements, and securing permanent access for Lot 4 prior to City Council consideration of the plat. ATTACHMENTS: 1. Location map. 2. Preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development rn ~ Prep'd by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-378 RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF THE DES MOINES STREET RIGHT-OF-WAY LOCATED WEST OF CAPITOL STREET AND EAST OF THE IOWA RIVER, THE MADISON STREET RIGHT-OF-WAY SOUTH OF PRENTISS STREET AND NORTH OF THE IOWA INTERSTATE RAILROAD TRACKS, AND THE 20 FOOT WIDE ALLEY BETWEEN PRENTISS STREET AND THE DES MOINES STREET RIGHT-OF-WAY WEST OF CAPITOL STREET TO THE UNIVERSITY OF IOWA/IOWA STATE BOARD OF REGENTS, THE REDEVELOPER OF THE SUBJECT PROPERTY AND OWNER OF ALL ABUTTING PROPERTIES, FOR A PUBLIC PURPOSE AND WITHOUT COMPEN- SATION WHEREAS, the City Council will consider ordinances vacating portions of the Des Moines Street right-of-way located west of Capitol Street and east of the Iowa River, the Madison Street right-of-way south of Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20 foot wide alley between Prentiss Street and the Des Moines Street right-of-way west of Capitol Street for the purpose of facilitating redevelopment of the adjacent and subject properties by the University of Iowa for a new administration building; and WHEREAS, properties adjacent to said right-of-ways are currently being acquired by the University of Iowa/Iowa State Board of Regents for said redevelopment; and WHEREAS, as such redevelopment is by a governmental body for a public purpose, it is proposed that said property transfer be made without compensation pursuant to Iowa Code §364.7(3) (1997); and WHEREAS, with the redevelopment of the subject property, the City will not need the vacated portions of the right-of-way to provide access to property in the area; and WHEREAS, the shall not dispose of any portion of the above right-of-way until such time as an ordinance vacating the same is duly considered and passed, and the City will retain all necessary utility easements in the event of such disposition; and WHEREAS, the proposed redevelopment of the subject right-of-way is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: Subject to consideration and passage of appropriate vacation ordinances prior to disposition, and subject to the retention of necessary utility easements, the Mayor and City clerk are hereby authorized to execute appropriate Quit Claim Deeds conveying the City's interest in the vacated portions of the Des Moines Street right-of-way located Resolution No. Page 2 98-378 west of Capitol Street and east of the Iowa River, the Madison Street right-of-way south of Prentiss Street and north of the Iowa Interstate Railroad tracks, and the 20 foot wide alley between Prentiss Street and the Des Moines Street right-of-way west of Capitol Street for the purpose of facilitating redevelopment of the adjacent and subject properties by the University of Iowa/Iowa State Board of Regents for a new administration building. The Mayor and City Clerk are further authorized to execute and attest appropriate easement agreements for the retention of necessary utility easements. However, this Resolution shall not be binding on the City with respect to consideration and passage of any vacation ordinances, and each proposed vacation shall be considered on its own merits. As such redevelopment is by a governmental body for a public purpose, the City Council does hereby convey its interest in the vacated property to the University of Iowa/State Board of Regents without compensation as a conveyance to a governmental entity for a valid public purpose pursuant to Iowa Code §364.7(3) (1997). The City Attorney is hereby authorized to deliver appropriate Quit Claim Deeds to the University of Iowa/State Board of Regents upon receipt of appropriate evidence of the ownership of adjacent properties and passage of necessary vacation ordinances. Said deeds, easement agreements, and any other documentation required by Iowa Code §364.7 (1997) shall be recorded by the City Clerk in the Johnson County Recorder's Office at the expense of the University of Iowa/State Board of Regents. It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef Passed and approved this ].st day of December , 1998. ney's /[°'Zz'zI~ sarah\landuse\desmui.re2 ATTEST: C~ ~' ~ t 2-01-98 12 Prepared by: Karin Franklin, Dir. PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 98-379 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTISTS FOR THE DOWNTOWN PEDESTRIAN MALL WATER FEATURE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a new water feature in the new downtown pedestrian mall was deemed to be an appropriate project for FY99; and WHEREAS, the proposal, "Weatherdance" designed by artists Andrea Myklebust and Stanton Sears was selected for said water feature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Agreement between the City of Iowa City and the artists Andrea Myklebust and Stanton Sears for the design, fabrication and oversight of the installation of the water feature "Weatherdance", a copy of which is attached hereto; is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 1st day of December ,1998. City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X the Resolution be Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef ppdirVes\weatherd.doc CITY OF IOWA CITY PUBLIC ART PROGRAM DOWNTOWN PEDESTRIAN MALL WATER FEATURE AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on December 1.1998 between the City of Iowa City, hereina~er referred to as the OWNER, and the team of Andrea Myklebust and Stanton Sears, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The contractor shall be the company or companies hired by the Owner to construct the Downtown Streetscape Project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after public input, has accepted the proposal "Weatherdance" created by the ARTIST and hereinafter referred to as the ART WORK, for a new water feature in the downtown Iowa City pedestrian mall. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the Art Work at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with BRW, Inc., the OWNER'S consultant for the Iowa City Downtown Streetscape Plan. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the Art Work, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the contractor on the installation of the Art Work in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the Art Work at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the Art Work in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Art Work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site ol= the Art Work which affects installation, scheduling, site preparation or maintenance for the Art Work or the concept of the Art Work as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the Art Work is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The ARTIST shall deliver and consult with the contractor on the installation of the completed Art Work at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The OWNER shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK, including piping, pumphouse, electrical panel and concrete underlaymerit. OWNER shall also be responsible for engaging contractor to install the artwork in consultation with ARTIST. 1.4 Post Installation a. Within 30 days after the installation of the Art Work, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twenty-four (24) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the Art Work from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the installed Art Work at the site. c. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the Art Work, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the Art Work. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the Art Work. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER'S REPRESENTATIVE of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER'S REPRESENTATIVE gives the ARTIST written notice specifying and describing the services which have not been completed. 1.6 Risk of Loss The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the Art Work from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold Owner and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST themselves or by any subcontractor or by anyone directly or indirectly employed by either of them. b. Upon final acceptance of the Art Work, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the Art Work, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the Art Work shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Seventy Thousand Dollars ($70,000), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Ten percent (10%) within thirty (30) days after execution of this agreement. b. Payment of invoices, purchase orders or statements for expenses and materials, upon receipt of the same, to a maximum of eighty percent (80%) of the contract price. c. Ten percent (10%) within thirty (30) days after final acceptance. If the ARTIST elects to utilize the OWNER'S services and materials during installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the Art Work to the site and the costs of all travel by the ARTIST and the ARTISTS agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Art Work as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST co. mpletes fabrication or procurement of the Art Work in accordance with the approved schedule and notifies the OWNER that the Art Work is ready for installation, the ARTIST is delayed from installing the Art Work within the time specified in the schedule as a result of the construction of the site not being sufficiently complete to permit installation of the Art Work, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the Art Work. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the Art Work is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the Art Work is unique and original and does not infringe upon any copyright; (c) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the Art Work will be performed in a workmanlike manner; (b) the Art Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the Art Work; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the Art Work. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Art Work). Article 5. Reproduction Rights 5.1 General The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the Art Work except ownership and possession, except as such rights are limited by this Section 6.1. In view of the intention that the Art Work in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final Art Work, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the Art Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art Work. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the Art Work on a regular basis is essential to the integrity of the Art Work. The OWNER shall take reasonable steps to assure that the Art Work is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (d). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the Art Work; relocate the Art Work to another site; and remove the Art Work from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113,(d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the Art Work may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Art Work, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Art Work. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written .notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the Art Work shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related Art Works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of Artist by Owner for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Artist shall have the right to employ such assistance as may be required for the performance of the Project. 11.3 It is agreed by the Owner that all records and files pertaining to information needed by the Artist for the project shall be available by said City upon reasonable request to the Artist. The Owner agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of Owner, the Artist shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the Owner shall be given with reasonable notice to Artist to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by Owner. 11.7 Upon signing this agreement, Artist acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. 9 AR~~~/~L~TIST OWNER lebust ATI'EST ~ar~'K. Karr ~' ~ City Clerk andy/agt/arti st2. doc CIty Attomey's Office EXHIBIT A WEAT, HERDANCE A Proposal for the City of Iowa City Pedestrian Plaza & Fountain Design by Andrea Myklebust and Stanton G. Sears The Plaza WEATHERDANCE tells a story about place, climate, and direction. The entire plaza has been designed as an archerypal midwestern weather map. White clouds gather in the west, and wind blows across the prairie in a warm advancing front, bringing rain. Water streams from cloud to ground, nourishing a patchwork quilt of green fields in black earth. In the north, a cold front hovers at the edge of the plaza, reminding us of the cycle of seasons, and offering the reassurance of a completed pattern. The plaza functions as a compass, with North, South and East indicated in cast bronze letters embedded within the granite field of the pavement. A "W" for West is carved into the vertical surface of the limestone seatwalYplanter at the western edge of the plaza. The letter is partially visible, appearing and disappearing in the stone, wreathed in cloud. The shape of the plaza is a symbolic representatio~i of Johnson County. The curved line which defines the leading edge of clouds in the weather map also functions as an abstract image of the Iowa River as it flows through the county. Water Essential to life, ephemeral but constant, moving water is the focal point of the plaza. Seven jets of water rise from recessed nozzles in the pavement to land in a series of arcs in the green granim fields. These laminar streams of water are glass-like and appear almost still, save for the gentle splash of their landing. The arcs of water create a passageway through which a person may walk without getting wet, if that is their wish. Reach out a hand to interrupt the flow, and a soaking may ensue. Details Two manhole covers which must remain on the site in their present positions are incorporated within the design of the plaza as cast bronze sculptural elements. The Storm manhole cover is rendered with the image of a cumulonimbus cloud and rain. At the boundary of the green granite field, another manhole cover depicts Harvest, with corn, wheat, soybeans and native prairie plants. Within the red granite arc representing the wind, a series of square bronze pavers illustrate state symbols and local geology. Materials Water, thermal-finish granite pavers in standard dimensions and wire- or water-cut granite pavers, cast bwnze, carved limestone. WEATHERDANCE site plan Prepared by: Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-380 RESOLUTION APPROVING THE WINTER 1998/99 DEER MANAGEMENT PLAN FOR IOWA CITY. WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options; and WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a deer management plan that is designed to provide needed relief and protection for the environment, property owners, and motor vehicle operators within the corporate limits of Iowa City; and WHEREAS, the Iowa City/Coralville Deer Management Committee has thoroughly reviewed the deer population problem in Iowa City and made recommendations on the best methods to resolve this problem; and WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and WHEREAS, the attached deer management plan for winter 1998/99 is in harmony with the long-term plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that it is in the public interest to adopt the attached Winter 1998/99 Deer Management Plan and the City Manager is hereby authorized and directed to implement said plan Passed and approved this 1st ATTEST: CIT~LERK ~' day of December ,1998. City Attorney's Office Resolution No. 98-380 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X x 0'DannPll the Resolution be ABSENT: Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef WINTER OF ! 998/99 DEER MANAGEMENT PLAN FOR IOWA CITY The City of Iowa City will proceed with an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. The Winter 1998/99 Deer Management Plan will be included. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, and government television programs. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle/deer accidents. The City will prepare an annual report on the effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to persons or property, the City Council has set the maximum deer population density to be thirty-five (35) per square mile per City-designated management district· Actual numbers were unable to be collected via helicopter count due to inadequate snow cover during the late winter season of 1997/98· Therefore, an estimate of population growth must be used to determine number of deer to be killed· In order to attain its population goal of thirty-five (35) deer per square mile per management district, the City of Iowa City received authorization from the Department of Natural Resources to establish a special deer population management area for Iowa City under the following conditions, limitations, and procedures: a. The special deer management area is defined as all public and private land in Iowa City as designated by the City Council of Iowa City. The City Council directs a number not to exceed 240 deer be killed during the winter of 1998/1999, unless actual numbers determined by helicopter count indicate that fewer deer killed will allow the City to reach the desired goal of 35 deer per square mile, within the time period authorized by the Iowa Department of Natural Resources, via the following methods: (1) The United States Department of Agriculture (USDA) will utilize sharpshooting with centerfire rifles equipped with silencers for the lethal removal of deer. Bait may be used to attract deer to the sites. City and USDA officials will determine locations, training, and all other conditions for the sharpshooting activities. The City and USDA will comply with all applicable state laws. (2) The City will utilize City personnel to use baited traps to capture and kill deer in locations determined by City officials. (3) All deer killed by sharpshooting and/or trapping operations will be processed for human consumption and distributed free of charge. Processing locker(s) participating in the plan will be allowed to keep and utilize the deer hide. (4) No licenses will be required for the City and no fees will be charged· The Deer Management Committee will convene in the spring/summer of 1999 to review educational material, deer population numbers (current and projected), Winter 1998/1999 deer kill effectiveness, and to recommend methods to manage deer during the winter of 1999/2000. A report of the results 1998/1999 management plan will be prepared and submitted to the Department of Natural Resources. Approved by Deer Management Committee - October 21, 1998 Date sent: From: To: Wed, 18 Nov 1998 20:04:38 -0600 (CST) "d. oshea" <doshea@blue.weeg. uiowa.edu> council@blue.weeg.uiowa.edu i hope this email isn't to late but my opinion is that there are many other solutions to the deer problem than sharp shooting them the taking of life no matter what kind of life should be looked upon as a last resort Ideas: put up more reflectors on the highways. enforce slower speed limits in densely deer populated areas inform people of plants the deer are less likely to eat I sure there are many more things you can do. As a concerned citizen i ask you not to sharp shot these innocent animals -- 1 -- Thu, 19 Nov 1998 08:02:29 From: To: Subject: Date sent: "Jack Fredregilr' <j afredregill@worldnet. att.net> <council@blue.weeg. uiowa.edu> Deer Sharpsooters Mon, 23 Nov 1998 15:16:20 -0600 This is a multi-part message in MIME format. ....... _NextPart_000_001A_01BE16F4.39F150A0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable If you approve the plan to kill 240 deer through sharpshooting, you're = making a policy choice that doesn't address the real problem. The = population is high because the natural predators have been eliminated by = human actions, and some residents are providing food for the deer. The = deer population is high as a result of human actions, and the solution = should be found in altering those actions. You can never completely = control deer unless you kill them. You can control the effects of humans = through the use of much less drastic, more positive measures -- like = more street reflectors, traffic calming measures, public education, more = speed limit enforcement, a test of car-mounted sound devices, etc. = Instead, we're just gonna go get 'em! The next time you're in your car, drive 25mph (even at night) and think = about whether or not you would be able to hit the brakes in time to miss = a deer. My guess is that if you're driving the speed limit (in town) and = paying attention, it is very unlikely that you will hit a deer.=20 In any case, I think this policy is a negative solution, it's the "easy = way out", and I think the Council should seek more expert testimony from = those other than the agencies (USDA, DNR) who might gain jobs and profit = from the decision. =20 Jack Fredregill j-fredregill@worldnet.att.net ....... _NextPart_000_001 A_01 BE16F4.39F150A0 -- 1 -- Tue, 24 Nov 1998 08:04:41 Date sent: From: To: Subject: Mon, 23 Nov 1998 14:09:37 -0600 "Nicholas J. Sitzman" <nsitzman@blue.weeg.uiowa. edu> council@blue.weeg.uiowa.edu Deer Killings I am writing to voice my objection to the upcoming deer killings in Iowa City. I feel that there are numerous other ways to rectify the problem(s) without destroying these animals. These would include, but are not limited to, more street reflectors, traffic calming measures, public education, more speed limit enforcement, a test of car-mounted sound devices, as well as preventative actions that can be taken by the VERY FEW citizens who are actually perturbed by the deers' late night visits. As a former resident of the "Goosetown Neighborhood," I was completely enthralled by the deers' frequent visits to my block, and enjoyed watching them travel around, through, and TO my yard. The deer have never seemed to me to be a nuissance, but more of a part of the magic that Iowa City offers its residents everyday. Also, as a veteran of the United States Army, I know that ANY situation involving the use of ANY firearm can become hazardous and lethal at the drop of a hat. True, there will most likely be no such problems, but in reality, there COULD be. It strikes me as odd, that the council finds it perfectly logical to impose that 0.5% risk of killing or injuring a person in order to eliminate a 0.25% risk caused by the deer. I realize that these numbers are my own arbitrary compositions, but I hope they convey my point on the subject. Thank you for your time... And I urge you to reconsider the planned actions... Nick Sitzman 314 1/2 S. Governor St. Iowa City, IA 52240 (319) 354-8480 -- 1 -- Tue, 24 Nov 1998 08:04:41 Date sent: From: To: Subject: Mon, 23 Nov 1998 13:32:16 -0600 (CST) "j . bowen" <j bowen@blue.weeg. uiowa.edu> council@blue.weeg. uiowa.edu Sharpshooting 240 deer To Whom it May Concern, Last week, on Tuesday, November 17th, I attended the city council meeting. I anticipated a casual interaction between city council members and the public and had hopes of making my personal comments on the issue of sharpshooting deer in the community. After listening to statements from persons supporting the sharpshooting, it seemed very clear to me that the city had already made a decision in regard to the issue. The comments from people opposed to the sharpshooting seemed to be received as ambiguous and unimportant, not worthy of acknowledgement. I found it very disturbing to watch these people display their opinions and approach the council with well informed arguments only to be disregarded. I am disappointed that although the public has clearly taken a stand on this issue, opposing it vehemently, the city council will vote next week, surely not in the direction of the voice of the people, but choose to ignore a widely spread petition and the earnest desires of the public to prevent the deaths of 240 deer. Sincerely, Jennifer Bowen -- 1 -- Tue, 24 Nov 1998 08:04:42 From: To: Date sent: "Elise Pohl" <elisecpohl@hotmail.com> council@blue.weeg. uiowa.edu Sun, 29 Nov 1998 21:36:47 PST Dear the City Council, I understand that the vote on December 1, 1998 pertaining to the sharpshooting of 240 deer has not been easy to make. I attended the meeting on November 17, 1998. Many people stood up and peacefully stated their opinion on the matter- that they opposed this sharpshooting altogether. I also oppose the sharpshooting. I was not able to speak due to time. Please vote according to what the majority of the public would like, which is no slaughtering of animals in our parks here in Iowa City. Thankyou. Sincerely, Elise Pohl Get Your Private, Free Email at http://www.hotmail.com -- 1 -- Mon, 30 Nov 1998 08:01:48 Date sent: From: To: Subject: Fri, 27 Nov 1998 10:17:30 -0600 (CST) a <mgarcia@blue.weeg. uiowa.edu> council@blue.weeg. uiowa.edu Sharpshooting Dear Council members, Genocide has never been an effective method in dealing with humankind's problems. The deer are a problem only because they do not have a natural habitat; we, with all our desires for easy living, have stripped them of it. Now they are in our gardens. What else are they supposed to do? I think that choosing to kill these animals is a poor cop-out to having to solve the complex problem we are facing: how to find a balance between humans and the rest of the beings on this Earth. I would suggest that the city invest in education; there must be ways to discourage deer from onto peoples properties. If people would stop feeding the deer, if they would drive the speed limit in areas where the deer are dense, or even just realize that they have just as much a right to be overpopulated as WE do, then maybe this "problem" would cease to exist. It was said in the public forum on the 17th of Nov. that the deer are dangerous to the ecosystem; what ecosystem? It was destroyed long ago by our OWN species! This argument is worthless, all of the arguments are just circling the real issue-- human overpopulation. Our cities are spreading out into the forests and deserts and mountains and the animals are being forced out of their natural habitats and for those species who try to adapt...genocide. Sincerely, Maria Fernanda Garcia 519 S. Dodge St #6 Iowa City, IA 52240 -- 1 -- Mon, 30 Nov 1998 08:01:49 From: To: Copies to: Subject: Date sent: "Donham, Kelley" <Donham@info.pmeh.uiowa.edu> "'council@blue.weeg.uiowa.edu"' <council@blue.weeg. uiowa. edu> "Donham, Kelley" <Donham@info.pmeh.uiowa. edu>, "'brad-doebbeling@uiowa. edu"' <brad-doebbeling@uiowa.edu>, "Zwerling, Craig" <Zwerling@info.pmeh.uiowa. edu>, "'gdameron@co.johnson.ia.us"' <gdameron@co.johnson.ia.us>, "'kflora@co.johnson.ia.us"' <kflora@co.johnson.ia.us> Public health concern re consumption of deer meat and "mad cow-li ke agent" Mon, 30 Nov 1998 10:00:43 -0600 Memo To: Iowa City, City Council From: Kelley J. Donham, D.V.M Professor of Preventive Medicine and Environmental Health University of Iowa College of Medicine Member, Johnson County Board of Health Subject: Deer herd control in the City, and public health concerns Lisa Handsaker called and requested information regarding a citizens concern about donating the meat harvested from the proposed deer control program. The concern was possible transmission of an agent infectious for humans which causes brain disease, acquired from consumption of deer meat. There appears to be some confusion, which I hope the following facts will help the council. 1) There is a disease in deer and elk called "wasting disease". It was first described 20 years ago. The agent that causes the disease is an infectious protein, called a preon. 2) Several animal species have infectious preon agents, including cats, sheep, and cows. The latter agent has had recent publicity as bovine spongiform encephpalopathy (BSE), or "mad cow disease". BSE has had a weak epidemiological association (cause-effect not proven) to Creutzfeldt-Jacob disease in humans. This has only been a concern in Great Britain. -- 1 -- Mon, 30 Nov 1998 14:57:31 3) There is no know relationship between the SB agent of cattle in the UK, and the Wasting disease of deer and elk. 4) It is most important to know that the wasting disease has only been seen in mule deer, which are found in the Western part of the US, and not in Iowa. Furthermore, we do not have elk in Iowa. 5) Even though the wasting disease has been known for 20 years, there has been no evidence of transmission to humans. 6) Even though there are other disease of deer that may be transmissible to humans (e.g.. brucellosis, tuberculosis, and leptospirosis), there is little evidence of any of these diseases are human health risks from consumption of meat. The wasting disease of deer would even be of less concern, as it is not know to infect the white tailed deer we have here in Iowa, and even where the disease is present mule deer in the West, there is no evidence of transmission to humans. 7) In summary, there is little know public health risk to donating the meat from deer killed in this region for human consumption, assuming the meat is handled and cooked appropriately. 8) If there are further questions, please to not hesitate to contact me. 9) Thank you. -- 2 -- Mon, 30 Nov 1998 14:57:32 Date sent: From: Send reply to: To: Subject: Tue, 1 Dec 1998 16:07:48 -0600 (CST) "V. Jones" <vjones@blue.weeg. uiowa.edu> "V. Jones" <vj ones@blue.weeg. uiowa.edu> council@blue.weeg. uiowa.edu deer management Dear Iowa City city council members, The burden-of-proof over whether or not the Iowa City area has a deer overpopulation problem lies with those who insist that sharpshooting of deer is the only answer. In order to make a strong case for going ahead with the lethal plan, the DNR, the task force, and the scientists who have been hired to look into the issue must first prove that deer overpopulation is more than just a cultural (i.e. human) problem. What has led to the diagnosis that the deer in Iowa City are overpopulated? Are they suffering and starving as a result of high densities? Are they seriously reducing the diversity and productivity of the natural communities in which they live? As far as I can tell, no data on either of these overpopulation issues has been collected. The real cry of overpopulation seems to have come from influential property owners who are distressed about damage done by the deer to ornamental plantings in the property owners' yards. As far as I'm concerned, this is not a good enough reason to recommend a program of lethal deer maintenance. Deer reside on hundreds of small-sized areas in all regions of the country, from the Pacific Northwest to the Southeast, to the heart of the Midwest. According to Dr. Thomas Eveland, ecology consultant, these land areas provide ample evidence that there is no absolute biological need to have human hunters kill deer. Dr. Eveland, in an article entitled "Living With Deer" writes that there are several biological self-regulatory techniques for deer, including: 1. Death by disease, extreme heat or cold, parasites, etc. 2. Production of less pups when the food-to-deer ratio becomes strained. (ex. outside of Yellowstone Natural Park, where coyotes are hunted, trapped, and poisoned, females produce six to eight pups per litter. Inside Yellowstone where they are protected, coyotes -- 1 -- Tue, 1 Dec 1998 18:03:24 produce two to four pups per litter). 3. In times of stress, does will bear more males than females, decreasing the reproductive potential of the population. There are several non lethal management solutions for humans living with deer, which include fencing gardens, shielding ornamental and fruit trees with plastic netting in the wintertime (when deer are most likely to browse them because there is less wild food available), using chemical or natural deer repellants (such as human hair, feather meal, blood meal, mothballs), and planting more deer resistant varieties of ornamentals such as dusty miller, English lavender, holly, honeysuckle, blue spruce...(many lists of deer resistant species are available). As far as deer-vehicle collisions are concerned, deer warning signs, reflectors, lowered speeds in deer dense areas, and even large roadside fencing in some particularly dense areas are all effective measures for limiting accidents. In addition, people must learn to drive with deer in mind. This means slowing down in deer dense areas, while scanning the roadside for deer at night-time. Considering the lack of scientific data contributed to support the sharpshooting agenda, I do not believe it would be wise for you to vote "Yes" on this plan. Much more research needs to be done and plant specimens and other data collected before a proper diagnosis of "overpopulation" can be reached. The sharpshooting plan is an economically and environmentally drastic step for a problem many Iowa City area residents aren't even certain that we have. And finally, there is an element of danger in using high-powered rifles within Iowa City city limits that cannot, no matter how many assurances are made, be denied. Sincerely, Vanessa R. Jones -- 2 -- Tue, 1 Dec 1998 18:03:24 City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council Administrative Assistant November 30, 1998 D.J. Schubert Correspondence This note is to address D.J. Schubert's letter to Ed Hartin (USDA) regarding the National Environmental Policy Act (NEPA) and how it relates to Iowa City's Deer Management Plan. Environmental Assessments are required when the USDA provides services that impact the environment and/or wildlife. Ed Hartin relayed to me that Iowa City's Draft Environmental Assessment (DEA) will be complete within the next few days. If Council approves the resolution on December 1, Mr. Hartin will make available for public review (as required by NEPA) the DEA applicable to USDA sharpshooting in Iowa City. Mr. Hartin is extending the requirement by having the document available for three weeks in addition to receiving public comment (public review is required, receipt of comment is not). According to Mr. Hartin, the USDA will meet and/or exceed all requirements necessary for his staff to perform sharpshooting in Iowa City. SCHUBERT & ASSOCIATES P.O. BOX II 540 GLENDALE, AZ 853 I 8- 1540 TELEPHONF_.JFAX: (602) 547-8537 Z NOV 3 0 1998 /ry #ANA ER, November 24, 1998 Mr. Stephen J. Atkins, City Manager Civic Center 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Arkins: I have enclosed for your review a copy of a November 13, 1998 letter that I sent to Mr. Ed Hartin of the U.S. Department of Agriculture regarding his agency's draft environmental assessment (DEA) for deer control in urban areas throughout Iowa, including Iowa City. The letter, written on behalf of Ms. Shannon Nelson, Mr. Chad Gonnermart, Mr. Clayton Foley, and the University of Iowa Animal Rights Coalition, specified that the DEA was not only legally deficient but that the USDA had failed to provide an opportunity for the public to review and comment on the DEA as required by the National Environmental Policy Act (NEPA). I understand that the Iowa City City Council is scheduled to vote on whether to permit the proposed deer killing program in early December. On behalf of my clients, I would respectfully request that the City Council, at a minimum, delay a vote on this matter until and unless the USDA fully complies with NEPA. If possible, if the City Council believes that the public should have an opportunity to participate in the USDA's decision-making process on this issue, my clients would strongly encourage the City Council to pass a resolution asking the USDA to subject its DEA to public review as required by NEPA. Thank you in advance for your immediate consideration of this request. D.J. Schubert Wildlife Biologist 12-01-98 15 Prepared by: Maggie Grosvenor, ICHA, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407 RESOLUTION NO. 98-381 RESOLUTION APPROVING THE SECTION 8 ADMINISTRATIVE PLAN FOR THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAMS WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Section 8 Administrative Plan for administration of the Section 8 Certificate and Voucher Programs; and WHEREAS, the housing assistance programs would benefit from the adoption of the updated Section 8 Administrative Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Section 8 Administrative Plan be adopted as the policy of the Iowa City Housing Authority effective immediately. That the City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this ].st day of CI~LERK December ,1998. Ap(~_~,~ / I-Qt'/"~,,,P City Attorney's Office hisasstVes\Bapprov.doc Resolution No. 98-381 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: .X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef IOWA CITY SECTION 8 ADMINISTRATIVE PLAN Reviewed by Housing and Community Development Commission November 19, 1998 Adopted by Iowa City City Council 12-1-98 November 1998 Section 8 Administrative Plan INTRODUCTION The purpose of this Administrative Plan is to: Establish policies for issues not covered under Federal regulations for the Section 8 Certificate, Voucher, and Family Self-Sufficiency programs administered by the Iowa City Housing Authority. Establish fair and equitable policies for selecting applicants to participate in Section 8 Programs administered by the Iowa City Housing Authority (HA); Provide fair, equitable and reasonable procedures to govern Section 8 Program participation in accordance with regulations of the U.S. Department of Housing and Urban Development (HUD); Permit each applicant and participant the greatest opportunity for the exercise of individual rights. The provisions of this Administrative Plan govern administration of the Section 8 Certificate, Voucher, and Family Self-Sufficiency programs administered by the Iowa City Housing Authority. This plan conforms to all current HUD regulations. The Authority will comply with any subsequent changes in HUD regulations pertaining to program administration. If such changes conflict with the provisions of this policy, HUD regulations will have precedence. The HA administers the Section 8 Rental Certificate and Rental Voucher programs in MSA Metropolitan Statistical Area of Iowa City and Johnson County, Iowa. The primary objective of these programs is to provide decent, safe, sanitary and affordable rental housing for low income households and to provide these households with housing choices and the opportunity to move outside areas with a concentration of low income households. Section 8 Administrative Plan SECTION I NONDISCRIMINATION AND PRIVACY POLICY The HA will not discriminate against any applicant or resident because of race, color, creed, national or ethnic origin or ancestry, religion, sex, age, disability, military status, sexual orientation, source of income, marital status or presence of children in a household; nor will any criteria be applied, nor information be considered, pertaining to attributes or behavior that may be imputed by some to a particular group or category. All criteria applied and information considered in administering this plan shall relate to the attributes and behavior of the individual members of the household. The HA shall not, on account of race, creed, color, sex, age, class, disability, religion, military status, sexual orientation, source of income, marital status or the presence of children deny to any family the opportunity to apply for assistance or deny any eligible applicant the opportunity to lease a housing unit suitable to its needs. (24 CFR 100) The Iowa City Housing Authority is fully committed to providing reasonable accommodations to its applicants and participants with handicaps or disabilities. The HA provides to applicants information on Federal/State/local laws regarding housing discrimination and any recourse available. Such information will be made available as part of the briefing session, and all applicable Fair Housing Information and Discrimination complaint forms will be made part of the Certificate and Voucher holders' packet. The HA will provide referrals and information to applicants and participants about local organizations which provide assistance in filing discrimination complaints. It is also the policy of the HA to guard the privacy of individuals in accordance with the Privacy Act of 1974, and to ensure the protection of individuals' records maintained by the HA. Therefore, the Housing Authority shall not disclose any personal information (including, but not limited to information on any disability, medical records, and social security numbers) contained in its records to any person or agency unless the individual about whom the information is requested gives written consent to such disclosure, or as required by law. This privacy policy in no way limits the HA's ability to collect such information as it may need to determine eligibility or compute rent. Section 8 Administrative Plan SECTION II PROGRAM ELIGIBILITY GUIDELINES A. Eligibility Criteria To be eligible for admission, an applicant must meet the following criteria: 1. The applicant must qualify as a family. (24 CFR 982.102(c)) A family is defined as: a. A "family" may be a single person (as defined in g below). b. A "family" includes a family with a child or children. A group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live- in aides is a family. Persons who are registered as domestic partners and who are eligible to obtain a certified statement of domestic partnership from the City Clerk, City of Iowa City (Human Rights Definition under City Code). eo Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency (Zoning Definition under City Code). A child who is temporarily away from the home because of placement in foster care is considered a member of the family. g. A single person family shall be: (i) An elderly person. (ii) A disabled person 18 years or older who is, at the date of eligibility, not declared as a dependent by a parent or guardian. The applicant must be income eligible. (24 CFR 982.201b)The applicant's total family income must not exceed the Very Low Income Limit (50% of area median income) published in the Federal Register for the Iowa City Metropolitan Statistical Area. The HA's current income limits are contained in Appendix 2. Income limits will, at all times, be posted at the HA. Income limits are generally revised annually by HUD and changes in income limits are incorporated into this policy by reference. HUD rules allow admission of Low Income families (80% of area median income) in limited circumstances, including: a, when a family qualifies as continuously assisted under the 1937 Housing Act. Families are considered to be continuously assisted if they were previously assisted in subsidized housing under the 1937 Housing Act. when a family is physically displaced by rental rehabilitation activity under 24 CFR Part 511; C, when a nonpurchasing household resides in a HOPE I (public and Indian homeownership) or HOPE 2 (multi family homeownership) project; when a nonpurchasing household resides in a HUD assisted multifamily project Section 8 Administrative Plan subject to a resident homeownership program under the Code of Federal Regulations Title 24 part 248.173; or when a family is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract under 24 CFR 248.165; or for the certificate program only, a low-income family residing in a HUD-owned multifamily rental housing project when HUD sells, forecloses or demolishes the project. Need for Assistance. (24 CFR 982.201b) Families must demonstrate the need for assistance, specified as follows: Certificates. The family's Total Tenant Payment must not equal or exceed the Fair Market Rent for the unit size the family has been assigned based on subsidy standards listed. Vouchers. Thirty percent of the family's monthly adjusted income must not equal or exceed the Payment Standard for the unit size the family has been assigned based on subsidy standards. The applicant and each family member six (6) years of age or older who has been assigned a Social Security Number (SSN) must disclose the SSNs. (24 CFR 982.55 l(b)(3) and 5 Subpart B) These numbers must be verified. If a SSN has not been assigned, certification to that effect must be executed for all family members. , The applicant, or any adult family member, must not have committed fraud in connection with any federal housing assistance program. Intentionally providing misleading information on the application form is considered fraud. (24 CFR 982.552(b)(5)) o The applicant and each family member must be a U.S. citizen or noncitizens who have eligible immigration status. (24 CFR Subpart E 5) The applicant family must not maintain another residence in addition to the HA unit. (24 CFR 982.55 l(4)(h)(1)) o Outstanding Debts. (24 CFR 982.552(b)(6)) The family must have paid any outstanding debt owed to the HA or another the HA on any previous tenancy in public housing or Section 8. The HA may require the family to sign a repayment agreement for outstanding debts owed to the HA in order to determine the family eligible. B. Ineligibility Because of Prior Eviction for Drug-Related Activity Drug-related criminal activity is the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance. Pursuant to federal law, persons evicted from public housing, Indian housing, Section 23, or any Section 8 program because of drug-related criminal activity are ineligible for participation in any Section 8 program at HA for a three-year period beginning on the date of such eviction. Section 8 Administrative Plan The HA will waive this restriction if the applicant can demonstrate to the satisfaction of the HA that: a. the person successfully completed a rehabilitation program approved by HA, or the circumstance (s) leading to the eviction no longer exists. For example, the person involved in drugs and responsible for the eviction is no longer part of the household. C. Screening Out Illegal Drug Users and Alcohol Abusers The HA will prohibit the admission to Section 8 programs of any person who the HA determines is illegally using a controlled substance. The HA will prohibit admitting any person to Section 8 programs in cases where the HA determines that there is reasonable cause to believe that the person's pattern of illegal use of a controlled substance or pattern of abuse of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. The HA will waive the policies prohibiting admission in these circumstances if the person demonstrates to the HA's satisfaction that the person is no longer engaging in illegal use of a controlled substance or abuse of alcohol and: has successfully completed a supervised drug or alcohol rehabilitation program; has otherwise been rehabilitated successfully; or is participating in a supervised drug or alcohol rehabilitation program. D. Eligibility Restrictions Regarding Noncitizens As required by HUD (24 CFR 5 subpart E), eligibility for assistance or continued assistance contingent upon a family's submission of documentation either declaring U.S. citizenship or eligible immigration status. The HA requires both current tenants and applicants to submit the required citizenship or eligible immigration documentation for every household member in order to receive or continue to receive housing assistance. Documentation is required of all new admissions at the time an application is processed by the Housing Authority. Any current tenant who has not already provided documentation will be required to document citizenship or inunigration status at the next reexamination. It is necessary to provide this information only one time for each family member during continued occupancy at the HA. Whenever a new family member is added, documentation must be provided before the new member can be added to the lease. 2. Proof of citizenship will take the following form: For families claiming U.S. citizenship, each applicant or participant family member will sign the citizenship declaration form and present appropriate documentation (such as U.S. passport, resident alien card, social security card or other appropriate documentation), which will become a permanent part of the tenant file. Adults will be required to sign on behalf of all children under the age of eighteen years. b, Noncitizens age 62 years or older who are current participants or applicants will be required to sign a declaration of eligible immigration status and proof of age. Section 8 Administrative Plan Co Participants and applicants who are noncitizens declaring eligible immigration status must: sign a declaration of eligible immigration status; provide the required U.S. Immigration and Naturalization Service documents, such as Alien Registration Receipt Card, Arrival/Departure Record, Temporary Resident Card, Immigration and Naturalization Service (INS) receipt in the event of any lost or missing cards listed above; and sign a verification consent form. The HA has the right to deny, terminate or adjust housing assistance if members of any household are found to be noncitizens with ineligible immigration status; however, this determination will not take place until all appeal rights requested have been exercised by the household. The HA may grant time extensions to provide appropriate information, provided that the household shows a diligent effort in obtaining immigration status documents. The HA may not make assistance available to a family applying for assistance until at least the eligibility of one family member has been established, and assistance must be prorated based on the number of individuals in the family for whom eligibility has been affirmatively established. The HA may not delay, deny, reduce or terminate eligibility of an individual for assistance on the basis of the immigration status of the individual. The family will not be penalized for delays on the part of those entities which must verify eligible immigration status. Continued assistance provided to an eligible mixed family after will be prorated based on the percentage of family members that are eligible for assistance. The HA is required to suspend assistance to a family for a period of at least 24 months upon determining that the family has knowingly permitted an ineligible individual to reside on a permanent basis in the family's unit. This provision does not apply if the ineligible individual has already been considered in calculating any proration of assistance for the family. If the HA discovers that citizenship information provided is expired, fraudulent, or otherwise invalid, it will notify the family or individual of the results of these findings. The family or individual will then have 30 days from the date of the notification to file an appeal with the INS to correct the problem. The family or individual must provide the Housing Authority a copy of the appeal request to the INS, which will become a permanent item in the tenant file. The HA can extend this 30 day appeal period at its sole discretion if good cause is found. Any applicant or participant family affected by these provisions has the right to an informal hearing provided the family notifies the HA within 30 days of the action or decision the family wishes to appeal. All appeals will be conducted in accordance with the provisions of the HA's Informal Hearing Procedures set out in Section XII, Paragraph F, herein. In accordance with Federal rules, mixed families who were participants in the HA's Section 8 program on , are permitted to receive continued assistance provided that either the head of household or spouse have eligible immigration status and any ineligible family members are either the head, spouse, parents, or children of the head or spouse. Section 8 Administrative Plan I0. Families who were participants in the HA's Section 8 program on but became ineligible for housing assistance because there are no family members with eligible immigration status may be given a temporary deferral of termination assistance to transfer to other housing at the discretion of the Housing Authority. If the temporary assistance is provided, it will be offered in six month increments and never for longer than a total of 18 months. The maximum period for deferrals will be three years. 11. Families that no longer qualify for housing assistance due to their citizenship status may apply for prorated assistance to decrease the level of housing assistance provided to the household based on the ratio of eligible and ineligible persons in the household. 12. Rental housing assistance is prohibited to noncitizen students and their families. None of the provisions of the rules related to prorated assistance, continued assistance, or temporary deferral of termination of assistance applies to noncitizen students. This prohibition does not include citizen spouses and their children. E. Special Eligibility Provisions Relating to Applicants Requiring a Live-In Aide (24 CFR 5.403, 5.609(c)(5)) 1. Some applicants and participants who would not otherwise be able to fully discharge the responsibilities of tenancy may be able to do so with the assistance of a live-in aide residing in the unit. A Family may include a live-in aide who: a. Has been verified by the HA to be essential to the care and well being of the elderly, handicapped or disabled family member; and b. Is not obligated for the support of the elderly, handicapped or disabled member; and c. Would not be living in the unit except to provide care of the elderly, handicapped or disabled member; and d. Has income but will not be counted for purposes of determining eligibility or rent; and e. May not be considered the remaining member of the Tenant family. A live-in aide's family members may also reside in the unit provided it does not increase the subsidy by the cost of an additional bedroom and provided that the presence ofthe live-in's family members do not overcrowd the unit. F. Additional Eligibility Factors An applicant may be denied assistance by HA for the following reasons: (24 CFR 982.552) 1. If any family member has ever been evicted from public housing. 2. If an HA has ever terminated Section 8 assistance for any member of the family. 3. If the family has engaged in or threatened abusive or violent behavior toward HA personnel. 4. If any family member refuses to sign and submit mandatory consent forms shall be denied. (982.552(d)) 5. If evidence of citizenship and eligible immigration status is not submitted by a specified date, or by the expiration of any extension granted. 7 Section 8 Administrative Plan If INS primary and secondary verification does not verify eligible immigration status of at least one family member. If the family has not reimbursed any housing authority for amounts paid to an owner under a HAP Contract for rent, damages to the unit, or other amounts owed by the family under the lease. If any member of the family commits drug-related criminal activity, the family may not reapply for three years from the date of the activity. (24 CFR 982.553) Section 8 Administrative Plan SECTION III APPLICATION FOR ADMISSION A. Introduction. The HA will accept applications for the Section 8 Programs when the waiting list is open. Interested persons may apply for participation in the HA's Section 8 programs by completing a brief application form. Anyone may apply; the HA will not deny anyone the right to submit a application when the waiting list is open. All applications will be time and date stamped upon receipt. All applicant households will be offered the opportunity to apply for public housing, if the waiting list is open. Each applicant is responsible for informing the Housing Authority if the family's address or phone number changes or if there are any changes in the members of the household. Failure to do so may result in an application being withdrawn from the waiting list. Inability of Housing Authority to contact family will result in withdrawal. B. Program Outreach 1. Outreach to Families The HA reserves the right to open or close the waiting list based on the supply of applicants. The waiting list may be closed when there are not enough Section 8 subsidies to assist all the applicants in a reasonable period of time, such as one or two years. When the HA determines that additional applicants are needed, the waiting list will be reopened. The Authority will publicly advertise the closing and reopening of application intake periods in local newspapers. (24 CFR 982.206) All notices and advertising announcing the opening of the waiting list will include: the dates the list will be open; the office hours and location where applications are available and will be accepted; the availability of Section 8 assistance; eligibility guidelines; preferences for the selection of applicants; and any limitations which may apply. Outreach to Property Owners. Outreach to property owners will be provided to interested property owners to increase the number of units available in low-poverty areas. The HA will provide program information to local realtors, agents, apartment associations and any interested landlords. HA staff will be available to make presentations about the Section 8 Program to these groups. In addition, printed materials which describe the program requirements and opportunities for property owners will be made available. The HA maintains a list of interested property owners and units available for the Section 8 Program. As inquiries from prospective new property owners are received, staff record the necessary information about units and make it available to prospective tenants upon request. Section 8 Administrative Plan The HA will make an effort to contact and encourage local property owners with units specially designed or adapted for persons with disabilities, and those who may be willing to adapt units, to participate in the program. (24 CFR 982.54) C. Applications 1. Receipt of Applications. Completed applications must be submitted in person or by mail to: Iowa City Housing Authority 23 South Gilbert Street Iowa City, IA 52240 The date and time of receipt of the application will determine position on the waiting list, except that applicants eligible for a local preference are placed ahead of others as explained in Section IV. A., Order of Selection from the Waiting List. 2. Processing of Applications. b, Completion of Application: It is the responsibility of the applicant to accurately and completely fill out the application. If an incomplete application is received, HA staff will make reasonable efforts to contact the applicant and inform him/her of the additional information required. If those efforts fail, the application will be withdrawn. Reasonable efforts shall not exceed one letter. A record of those efforts shall be maintained with the application. Notification of Status: Information provided by 'the applicant on the application will be reviewed to determine if the applicant appears to be eligible. If the applicant household appears to meet the Very Low Income Limit as established by HUD for the Iowa City MSA, (IA) area (except, in the limited circumstances in which a Low Income family is eligible, described above) and submits the required declarations for Social Security numbers and citizenship/eligible immigration status, the application will be approved provisionally based on the information provided by the family and the family will be placed on the waiting list. (i) Each applicant determined ineligible for Section 8 and denied' placement on the waiting list, shall be notified in writing of the reason for his/her ineligibility and of his/her right to request, within 10 business days, an Informal Review to discuss the Section 8 ineligibility determination. The review is to be held by an impartial hearing officer. Any applicant determined eligible after the submission of additional information or through an Informal Hearing shall be placed on the waiting list according to the date and time of the original application. Waiting List Update: (24 CFR 982.204, 205) In the interest of maintaining an accurate waiting list of apparently eligible households, the HA will periodically mail requests to each applicant for updated household information. Each applicant will be required to respond within a special time frame which shall be stated in the mailed information from the date the request was mailed to the applicant by the HA. The application of any household which fails to respond to the update request by the specified deadline date will be withdrawn. Once an application is withdrawn, it may not be reactivated. To be considered for admission, the applicant will be required to reapply. 10 Section 8 Administrative Plan An applicant may withdraw his/her application at any time. However, a withdrawn application cannot be reactivated. An applicant who has withdrawn an. application will be required to reapply. D. Verification of Preference Each applicant will be provided with a description of the HA preferences and will be required to certify at the time of application whether the household qualifies for a preference. Placement on and selection from the waiting list will be based on applicant certification. However, before an applicant can receive Section 8 Program Assistance, the HA must have verified the preferences claimed. If the claimed preference(s) cannot be verified, the applicant will be returned to the waiting list based on the date and time of application but without the preference claimed. (See also Section IV, Applicant Selection.) E. Final Eligibility Determination Formal Eligibility Packet. When staff estimate that a Section 8 assistance will be available within the next several months, applicants will be sent an eligibility packet to complete, after which program eligibility will be determined and preference will be verified. Verification of Eligibility and Preference Status. Each applicant household shall be required to provide all information and authorizations necessary to enable Section 8 staff to determine program eligibility and to verify the applicant's qualification for preference status. Verification shall be from third party sources as required by HUD definition. All verifications must be completed before the family can be issued Section 8 Program assistance. a, Each applicant household shall attend a Section 8 briefing. If the applicant fails to attend the scheduled briefing, the applicant's file may be withdrawn and the applicant will be required to reapply. b. The Authority shall require the applicant to: (i) Provide verification of income, assets, exclusions and deductions from income; and preferences claimed; (ii) Provide verification of family size, age and relationships; (iii) Provide medical statement of disability; (iv) Disclose the Social Security Numbers of all family members six (6) years of age and older; (v) Provide certification and/or documentation regarding U.S. citizenship/non- citizenship. The applicant is required to make available all pertinent information at his/her disposal to assist the Authority staff in verifying eligibility information and to authorize the release of information to the Authority when necessary. However, the applicant shall not be penalized either by denial or unreasonable delay of assistance solely because third party sources have failed to respond to requests for information. When the applicant and the Authority have made all reasonable efforts to obtain information and the third party source has failed to respond, the Authority shall proceed with the processing of the application using the best available information. 11 Section 8 Administrative Plan d, All information relative to income for eligibility, assets, family composition, preference and non-citizen status will be verified and current for applicants within 60 days prior to issuance of a certificate or voucher and verified and current for participants within 120 days for participants being recertified; all verified findings will be recorded in the applicant/tenant file. To determine family composition, bedroom size required and eligibility for allowances, all applicants will be required to submit original birth certificates for all household members. If a birth certificate is not available, a copy of a numident from the Social Security office will be accepted. Third Party Verification. (24 CFR 982.516(a)(2)) A release of information for verification of income (and other information) will be sent through the mail directly to the source. The HUD required method of verification is third party verification, and is the only method which can be sought. If, after 10 days, the verification has not returned to the HA, a second request will be sent. If an unusual circumstance prevents this method, then, the tenant file must be documented why third party verification was not available. F. Informal Review (24 CFR 982.554) Any applicant determined ineligible for Section 8 program participation as a result of the verification process will be informed in writing of the reason for the determination. The notice will provide the applicant the opportunity to request an Informal Review to discuss the determination. The applicant must submit in writing, within 10 business days of date of the ineligible notification, a request for an Informal Review. SeeAppendix 4. 12 Section 8 Administrative Plan SECTION IV APPLICANT SELECTION A, Order Of Selection from the Waiting List All otherwise eligible applicants will be assigned to the waiting list according to date and time of application and preference status determined as follows: (24 CFR 982.207) Local Homeless Preference. An applicant qualifies for this preference if homeless at the time of application and at the date of eligibility. Verification of homeless status is required from one of the following agencies: Emergency Housing Project, Domestic Violence Intervention program, Hawkeye Area Community Action Program, and Successful Living. Other agencies serving the homeless may provide verification upon approval by the Iowa City Housing Authority. NOTE: Homeless preference will be denied in circumstances where applicant has willfully violated the terms of their previous lease. 2. Certification and Verification of Preference Oualification. At the time of application, information about the homeless preference will be made available to each applicant. Each applicant will be asked to sign the certification form from local homeless agencies attesting to the preference categories for which the applicant believes the household to be eligible. The application will be placed on the waiting list based on the preference claimed in the applicant's homeless preference certification. When the applicant is called in for eligibility determination (see Section III. E. Final Eligibility Determinations) the applicant's preference qualifications will be verified. If qualification for preference cannot be verified, the application will be returned to the waiting list according to the original date and time of the application but without preference status. If it is determined that an applicant does not meet the criteria to qualify for preference status, the HA shall provide written notice of that determination stating the reason for the determination and informing the applicant of his/her right to request an informal review. Special Admissions (24 CFR 982.203) Some family applicants will be admitted to the HA's Section 8 Program without ever being on the waiting list or without considering the applicant's place on the waiting list. This may occur when HUD has awarded funding to the HA for a targeted group of households living in specified units. This HUD-targeted funding may include (but is not limited to): Families displaced because of demolition or disposition of a public or Indian housing project; Families residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project; 13 Section 8 Administrative Plan Housing covered by the Low Income Preservation and Resident Homeownership Act of 1990; d, Nonpurchasing families residing in a project subject to a homeownership program; e, Families displaced because of a HUD mortgage prepayment or voluntary termination of a mortgage insurance contract; f, Families residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term; and, g. Nonpurchasing families residing in a HOPE 1 or HOPE 2 project. Applicant Choice of Type of Housing Assistance The applicant will be provided the opportunity to choose the type of Housing Assistance (either Certificate or Voucher) to be issued. If an applicant rejects the form of assistance offered, the applicant will remain at the top of the waiting list until the desired form of assistance is available. If an applicant rejects both forms of assistance offered, the applicant's name will be removed ' from the waiting list and the applicant will have to re-apply. 14 Section 8 Administrative Plan SECTION V INCOME, ASSETS, AND ALLOWANCES Income (24 CFR Part 5.609, Subpart F) Annual income is the gross income anticipated to be received by all adult members of the family even if temporarily absent during the 12 months following the effective date of admission or reexamination. (See Definition of Annual Income in Appendix 1) Annual Income will be used to determine an applicant's initial eligibility. It will also be used to calculate the participant's Total Tenant Payment for initial and continued program participation. 1. Computation of Annual Income. Use current family circumstances to anticipate income, unless the verification indicates an imminent change. Annualized all income, including income that may not last the full 12 months (such as unemployment benefits). When circumstances change, an interim reexamination may be processed. Converting income to an annual figure may be achieved by (i) annualizing current income or (ii) averaging known sources of income that vary to compute an annual income. 2. Calculation Examples. a. Regular Employment: (i) Hourly wages times number of hours worked per year. (2080 hours for full-time employment with a 40 hour week and no overtime.) (ii) Weekly wages times 52. (iii) Bi-weekly wages times 26. (iv) Semi-monthly wages times 24. (v) Monthly wages times 12. (vi) Tips: Average tips per week x 52 = average annual tips. (vii) Overtime: Average overtime hours per week x overtime rate x 52 = annual overtime. Non-Regular Employment: Includes employment where wages, hours, and employers worked for are flexible and no business related deductions are claimed. In general, this category applies to those types of employment which do not readily fit in the regular employment category. For example, a person who does yard work for the same employer, same wage, same number of hours per period could and should be verified under the procedures for regular employment. However, if the client's wages, employers, and hours change frequently, their employment would be considered non-regular. C4 Section 8 Administrative Plan (i) Verification: One of the following: · Printout from Workforce Development showing previous earned wages. · Copies of previous pay stubs (minimum of 4 weeks). · Tax returns · Self-declaration · Other documentation as deemed necessary by HA. (a) Type of work or services performed (b) Average amount of income earned per month (c) Signature of client and date prepared (ii) Calculation: Average monthly income times 12 = annual income from non-regular employment. Public Assistance: (Includes but not limited to AFDC, General Assistance, Supplemental Security Benefits, and Unemployment Compensation.) (i) Calculation: (a) (b) Monthly Benefit x 12 = annual benefit Overpayments: In the case of benefits where a previous overpayment is currently being deducted the gross amount of the benefit minus the deduction for repayment shall be used. Pension/Social Security: Includes Social Security Benefits, Veterans Benefits, Pension Retirement and Annuity Benefits. (i) Calculation: (a) (b) Monthly benefit x 12 = annual benefit Overpayments: In the case of benefits where a previous overpayment is currently being deducted, the gross amount of the benefit minus the deduction for repayment shall be used. Child Support, Alimony, and Support Payments Made by Other Individuals: Includes regular payments made by a parent for the support of a minor child residing in the household, regular payments made by relatives, friends, or other persons to the family, or on behalf of the family for basic rent and utilities. (i) Calculation: (a) (b) Amount of payment x frequency = annual support income Frequency = Monthly (12) Weekly (52) semi-monthly (24) bi-weekly (26) 16 Section 8 Adntinistrative Plan Lump-Sum Payments: Generally lump-sum amounts received by a family are considered assets, not income, i.e., inheritance, insurance, settlements, proceeds from the sale of property, etc. Deferred payments made because of a delay in processing a periodic payment such as unemployment, welfare benefits, etc., must be counted as income. Lump sum payments caused by delays in processing periodic payments for Social Security or SSI, are not counted as income. If an interim reexamination was not conducted to reduce the Total Tenant Payment, any lump sum amounts received by the family will be treated as an asset. The following example will apply only if an interim reexamination to reduce the Total Tenant Payment is conducted. (i) Example: Family member loses her job on October 10, 1997. Unemployment benefits are delayed. On December 10, 1997, family received a lump-sum payment of $600 for October 21, 1997 through December 7, 1997. Beginning December 8, 1997, the family receives $i00 per week in unemployment benefits. (a) (b) {C) Family requests and receives an interim reexamination. The interim reexamination reduces the family's Total Tenant Payment and is effective November 1, 1997, and annual income is computed as shown below. Income is annualized even though unemployment income is not expected to last the full twelve months and family is reminded to come in for an interim when circumstances change. Any amounts deducted from lump sum payments for attomey's fees shall be deducted from the lump sum amount which is counted as income. Any lump sum amounts, counted as income, shall be included as income for the entire year (until the next annual reexamination), or for 12 months, whichever is greater. (ii) Calculation: (a) $600 (Lump-sum payment) plus $5,200 ($100/week unemployment) -- annual income from unemployment. B. Assets (24 CFR 5.609(b)(2), and (3)) Family assets include interest, dividends, and any other net income of any kind from real or personal property, to include any assets disposed of at less than fair market value within the last two years. 1. Total Value of Assets Calculation. Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH Accounts.' Account balance or certificate of deposit value = total asset value of savings and checking accounts/certificates of deposit, IRA and KEOGH accoullts. b. Stocks: Number of shares x current per share value = total asset value of stocks. c. Bonds: Cash value of bond x number of bonds = total asset value of bonds. 17 Section 8 Administrative Plan Notes and Mortgages Held.' Principal amount remaining = total asset value of notes and mortgages held. e. Trusts: (i) If trust is irrevocable, it is not counted as an asset. (ii) If trust is revocable, current amount of trust = total value of trust. Real Property Owned: Current market value minus amount owed (if any) = total asset value of real property owned. Income from Assets Calculation. ao Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH Accounts: Account balance x interest rate = annual income from savings/certificates of deposit, IRA and KEOGH accounts. bo Stocks: Amount of dividends paid x frequency of payment = annual dividend income. Co Notes and Mortgages Held.' Interest portion of the payment x frequency of payment = annual note or mortgage income. (Repayment of principal is not considered income.) d. Trusts: Use of amount of annual proceeds as determined through verification. e. Real Property Owned (if property is income producing): (i) If income tax return for property is available, use the amount of net annual income from tax return. (ii) If no income tax return is available, only the following deductions will be allowed: (a) (b) Amount of payments received x frequency of payment = gross annual income, then If balance owed on property, amount of interest portion of payments made x frequency of payment = annual interest deduction. Assets Disposed off' Assets disposed of for less than fair market value during the two years preceding effective date of certification or recertification are included as assets. Cash value of the asset, the amount the family would receive if the asset were converted to cash, must be used. Cash value is market value minus reasonable costs that were or would be incurred in selling or converting the asset to cash. Expenses which may be deducted include the following: (i) Penalties for withdrawing funds before maturity (ii) Brokers/legal fees assessed to sell or convert the asset to cash (iii) Settlement cost for real estate transactions 18 Section 8 Administrative Plan If the fair market value exceeds the gross. amount the family received by more than $1,000 count the whole difference between the cash value and the amounts received. If the difference is less than $1,000, ignore it. Assets disposed of for less than fair market value, as a result of a foreclosure, bankruptcy, divorce or separation, are not counted. Assets put into trust or business assets disposed of for less than fair market value are counted. (a) Calculation: Include the difference between cash value and the amount received for any asset disposed of at less than fair market value within the last two years. (Cash value = the fair market value less reasonable costs.) (b) Calculating Income from Assets: Cash Value Actual Income Type of Asset Per Year from Asset Checking Account 300 0 Savings Account 2,000 115 Certificates of Deposit 10,000 988 Rental Property 15,000 0 TOTALS $27,300 $1,101 Since total assets exceed $5,000, imputed income must be calculated: Total Assets multiplied by the passbook rate established by the HA's HUD field office. Overall Asset Calculation. To determine what amount to use for assets in the overall calculation of total annual income for both rent and eligibility, use the following calculations: a. Add total value of all assets = total asset value b. Add total income from all assets = total asset income If total asset value is less than $5,000, use total asset income in determining total annual income d. If total asset value is $5,000, or more, use the larger of the following: (i) total asset value multiplied by the passbook rate established by the HA's HUD field office. (ii) total asset income. 19 Asset Verification Guide. a. b, Section 8 Administrative Plan Savings and Checking Accounts, Certificates of Deposit, IRA and KEOGH Accounts: Statement from the financial institution containing the following: (i) date prepared (ii) account number (iii) account balance (iv) interest rate (if the rate is variable, statement must give current applicable rate) (v) name of the account holder(s) (vi) signature of authorized person Stocks: A statement from a broker or a statement from the issuing corporation containing the following information: (i) date prepared (ii) account number (iii) number of shares (iv) current per share value or current total value of shares (v) amount of dividends earned (vi) frequency of payment of dividends (vii) name(s) of shareholders (viii) if a statement from broker, authorized signature Bonds: A copy of the face of the bond showing the following information: (i) face value (ii) maturity date (iii) interest rate (if any). (iv) type of bond Trusts: Client must provide a copy of the trust document or a statement from the trust officer containing the following information: (i) amount of trust (ii) type of trust (revocable or irrevocable) 2O Section 8 Administrative Plan (iii) (iv) (v) NOTE: annual proceeds of trust beneficiary of trust if statement from trust officer (a) date prepared (b) authorized signature Due to type of verification required, the following forms of verification shall be provided by the client. Notes and Mortgages Held: (This is where the client receives payments.) client must provide a copy of the note or mortgage containing the following information: (i) (ii) (iii) (iv) (v) (vi) (vii) Real Property Owned: (i) date of transaction amount of transaction balance owing amount of payments reflecting the distribution between principal and interest (repayment of principal amount is not considered income) frequency of payments interest rate name of person(s) holding the note of mortgage (Includes Mobile Homes): (ii) (iii) (iv) The Client must provide a current appraisal, current tax appraisal or current market analysis prepared by a licensed real estate agent, broker, or mobile home dealer containing the following information: (a) (b) (c) date prepared current market value of the property authorized signature Copy of the deed or other title instrument showing the name(s) of the owner(s). If property is mortgaged, a statement from mortgagor(s) showing: (a) (b) (C) balance amount of payments reflecting distribution between interest and principal frequency of payments For income-producing property: (a) Copy of lease or rental agreements containing the following information: 21 Section 8 Administrative Plan terlll amount of payments frequency of payment (b) Copy of rental income schedule from income tax return or copy of property tax statement. This information will be used to determine allowable expenses. Allowances (24 CFR 5.611) The following allowances are amounts, as applicable, to be subtracted from the annual income to determine the adjusted income. Dependent Allowance. A $480 deduction for any family member (excluding foster children, head of household, or spouse) who qualifies as one of the following: a. Under 18 (Even if they have children of their own), or b. Handicapped or disabled, or A full-time student. (The regulations clarify that an educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree. , Elderly Household Allowance. A $400 deduction for families in which the head of household or spouse/co-head is at least 62, handicapped, or disabled. Only one deduction per family is permitted even if both the head of household and spouse are elderly. , Child Care Allowance. Any reasonable child care related expense billed by a care facility or private individual providing child care (only those amounts not reimbursed by an agency or individual outside the family can be counted). This deduction applies to expenses relating to the care of any children under the age of 13 residing with the family. Such care must be NECESSARY for a family member to be gainfully employed, to actively search for employment or to further his/her education. Child care for the convenience of the family is not an allowable expense. For example, if there is an adult family member, who is capable and available to provide child care residing with the family, who chooses not to care for the child, child care expenses are not deductible. The deduction for child care expenses may not exceed the amount of income earned. 4. Handicap Assistance Allowance. Anticipated expenses for attendant care and auxiliary apparatus for a handicapped family member may be deducted if such expenses: (i) are needed to enable a family member (including the handicapped member) to be employed, and (ii) exceed three percent of annual income, and (ii) the amount exceeding three percent does not exceed the earned income of the household member enabled to work. 22 Section 8 Administrative Plan Any family with a handicapped or disabled family member may qualify for this allowance even if neither the head of household nor spouse is handicapped or disabled. C, Auxiliary apparatus includes items such as wheelchairs, ramps, adaptations to vehicles, special equipment to enable a blind person to read or type, etc., which directly relates to permitting the handicapped person or other family member to work. (i) Example Head 36 Earned Income $12,000 Son 15 Handicapped Handicapped Expenses for care of handicapped son $3,500 Handicapped Assistance Allowance: Annual Income $22,000 x.03 .3% of Annual Income $ 660 Total Handicap Assistance Expense $ 3,500 660 Allowable Handicap Expense $ 2,840 (Note: $2,840 allowable expense is not greater than amount earned by head of household who is enabled to work.) d, When a care provider takes care of children under the age of 13 and a handicapped/disabled member 13 or older, expenses must be prorated appropriately since the way in which child care and handicap assistance expenses are computed differ. eo A family, whose head of household or spouse is elderly, handicapped, or disabled, is also permitted to deduct medical expenses. If a family has both handicap assistance and medical expenses, a special calculation is required. 5. Medical Expense Allowance. Medical expense deductions are allowed only for families where the head of household or spouse/co-head is at least 62, handicapped or disabled. If the family is eligible for a medical expense deduction: a. Count medical expenses of all family members, and, Include expenses that are not covered by insurance or other sources and that are anticipated to be incurred during the 12 months following the family's examination/reexamination, such as: (i) Services of doctors and health care professionals 23 24 d, (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Section 8 Administrative Plan Services of health care facilities Medical insurance premiums Prescription/non-prescription medicines Transportation to and from treatment facilities Dental expenses Eyeglasses, hearing aids, batteries Live-in attendant or periodic medical assistance Monthly payment(s) on accumulated medical bills Medical care of a permanently confined family member if his/her income is included in annual income. Allow only that portion of the total medical expenses which exceeds three Head of Household 64 Spouse 63 Annual Income Total Medical Expenses Annual Income 3% of Annual Income $12,000 $1,500 12,000 x .03 36O percent of annual income: (i) Example If an elderly family has calculation is required. (i) Total Expenses Minus 3% of Annual Income Allowable Medical Expense $1,500 -360 $1,140 both handicap assistance and medical expenses a special The HA will follow steps outlined by form HUD 50058. Example 1: Family has $1,000 in medical expenses and $500 in expenses for handicap assistance. Annual income is $20,000. $4,000 of annual income is earned because it enables a family member to work. Three percent of annual income is $600. Total Handicap Assistance Expense Minus 3% of Annual Income $500 $6oo (loo) Handicap Allowance 0oo Total Medical Expense Minus: Balance of 3% of Annual Income $1,0oo $ -100 Allowable Medical Expense: $ 900 Section 8 Administrative Plan (ii) Example 2: Family has $2,000 in medical expenses and $3,500 in expenses for handicap assistance. Annual income is $20,000. $2,400 of annual income is earned because the handicap assistance enables a family member to work. Three percent of annual income is $600. Total Handicap Assistance Expense Minus 3% of Annual Income Maximum Allowance for Handicap Assistance (cannot exceed income generated) $3,500 -600 $2,900 $2,400 Total Medical Expense $2,000 Allowable Medical Expense (Entire 3% was deducted to compute the handicap allowance) $2,000 SECTION VI COMPUTING TOTAL TENANT PAYMENT AND TENANT RENT Section 8 Administrative Plan Ao Calculation of Total Tenant Payment (TTP) and Housing Assistance Payment (HAP) Maximum Subsidy The HA will compute Annual and Adjusted Income and Total Tenant Payment in accordance with 24 CFR §§5.603, 5.609, 5.613. 1. Section 8 Certificate. Section 8 Certificate, Program Total Tenant Payment will be calculated (using the definitions of annual income and adjustments as defined in 24 CFR 5.603, and 5.609) as the greater of: a. 30% of the family's adjusted monthly income, b. 10% of the gross monthly family income, or c. Minimum rent of $50.00. Any allowance for utilities will be deducted from the Total Tenant Payment to determine the Tenant Rent. Where the Utility Allowance exceeds the Total Tenant Payment, the tenant will pay $0 rent and the difference between the utility allowance and the Total Tenant Payment will be issued to the tenant as a Utility Reimbursement for use towards utilities. The Housing Assistance Payment paid by the HA will be the difference between the Contract Rent to the owner and the Tenant Rent (plus any Utility Reimbursement). 2. Section 8 Voucher Program. Under the Voucher program, the Tenant Rent will vary based upon the Total Tenant Payment and the Contract Rent and its relationship to the Payment Standards. At the time of the briefing, the HA's Maximum Subsidy Payment is calculated. The Maximum Subsidy is the difference between the HA's applicable Payment Standard for the unit size issued and 30% of the family's adjusted income (defined in 24 CFR 5.603 and 5.609). This is the maximum that the HA will pay as subsidy for the household. Once the unit is selected, the family's portion of the rent is calculated as the difference between the gross rent (Contract Rent plus utilities) and the appropriate Payment Standard. The appropriate Payment Standard is the lesser of the standard for the unit size issued, or the unit size selected. The tenant's portion may be more or less than 30% of the family's monthly adjusted income depending on the total rent of the unit selected by the family, except that the family may never pay less than the greater of 10% of monthly gross family income or $50.00. Tenants may never pay more than 40% of their adjusted income for rent and utilities (Title V H.R. 4194 Sec. 545) 26 Section 8 Administrative Plan The Housing Assistance Payment will equal the difference between the Payment Standard and 30% of the family's monthly adjusted income, except that the family must pay the greater of 10% of gross family income or $50. In that case, the HA will pay the difference between the Contract Rent and what the tenant pays to the owner as the Housing Assistance Payment. B. Utility Allowance The utility allowance used is based on the actual size of the unit the family selects regardless of the size authorized on the family's Certificate or Voucher. As required by 24 CFR 882.214, the Utility Allowance Schedule will be reviewed on an annual basis and adjusted as needed. At least annually, the HA shall determine whether there has been a substantial change in utility rates that were used to calculate allowances. The utility allowance will be adjusted if necessary to reflect such increases. Such change shall be processed according to federal regulations. The HA will give tenants a utility allowance for stoves and refrigerators when these appliances are provided by the tenant. The determination regarding provision of appliances is between the landlord and the tenant; the HA will not be involved. C. Payment Standards At least annually the HA will review and when necessary, revise Payment Standards. The following factor will be used to analyze the need for an affordability adjustment: Publication of new FMRs. Payment Standards shall not exceed 110% than the current HUD published FMR, and not less than 90% of the current HUD published FMR. If the Payment Standards need to be increased based on the above analysis, or because the HUD FMRs change and require a change in the Payment Standards, the HA will implement the new Payment Standards at the annual reexaminations or when the household moves or household composition changes. If the Payment Standards decrease, the HA will implement the new standards whenever a participant family moves or when the bedroom size, for which the family qualifies, changes. Section 8 Adtninistrative Plan SECTION VII SUBSIDY STANDARDS The intent of HUD requirements is that the smallest appropriate bedroom size be assigned to participant families without overcrowding. A. Bedroom size assil~nments will allow at least one bedroom for each two persons (24 CFR 982.402, 982.401) * Children of the opposite sex, under the age of 5, will be required to share a bedroom. * A child who is temporarily away from the home because of placement in foster care is considered a member of the family in determining the family unit size. * Two children of the same sex may be required to share a bedroom regardless of age. * In the case of a participant who shares custody of a child (or children) at least 50% of the time with a parent or guardian residing outside the household, the child shall be included when considering bedroom size. * An infant, under the age of 12 months, may be required to share a bedroom with a parent. (Not to exceed a two person maximum) * An unborn child will not be counted in determining subsidy standards. * A live-in aid will be considered when determining unit size. * No assignments of bedroom size on a Certificate/Voucher will be made which require use of the living room for sleeping (although the family may choose to do this). Using the above guidelines, the following subsidy standards will determine the minimum number of bedrooms required. NUMBER OF BEDROOMS MINIMUM NUMBER OF PERSONS PER UNIT 0 1 1 1 2 2 3 3 4 5 5 7 · The Housing Authority may grant an exception to its established subsidy standards if the HA determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances. 28 Section 8 Administrative Plan SECTION VIII ISSUANCE OF SECTION 8 PROGRAM ASSISTANCE AND BRIEFING OF FAMILIES A. Selection from the Waiting List Applicants are selected from the waiting list based on date and time application is submitted and verified qualification for homeless preference. B. Notification and Response Once an applicant's program eligibility and qualification for Preference has been verified; the family's annual income and TTP has been calculated; and the subsidy size has been determined, the family will be informed, in writing of their eligibility status. All eligible applicants are required to attend a briefing at which the family will be issued the Certificate/Voucher and will be provided with an overview of the Section 8 Program. The program briefing may be group or individual. The HA will brief the applicant on various program differences and issue the applicant a Voucher or a Certificate, depending upon funding availability. The applicant may refuse the first type of assistance that is available and offered and retain his/her position on the waiting list in order to be offered the other type of assistance, (i .e., applicant can refuse a Voucher to wait for a Certificate). If the applicant refuses the second form of assistance when it is offered, the HA shall notify the applicant that their name will be removed from the waiting list. The applicant can then reapply for assistance the next time applications are being accepted. If an applicant fails to appear, without prior explanation to the HA, for two scheduled appointments to receive a briefing and a Certificate/Voucher, such failure shall result in removal from the waiting list and the person may reapply provided that applications are being accepted at that time. C. Briefings (24 CFR 982.301) 1. Briefing Packets. a, At the family briefing, the family will receive a Section 8 Certificate/Housing Voucher briefing packet which will include explanations of applicant and owner responsibilities under the programs. The briefing packet shall contain: Term of Certificate/Voucher, a description of the HA's Certificate/Voucher extension or suspension policies and how to request them. - How HAP is determined. -- For certificate - information on Fair Market Rent and Utility Allowance -- For voucher ~ information on Payment Standard and Utility Allowance - How maximum rent is determined. 3O Section 8 Administrative Plan - What family should consider when deciding whether to lease a unit, such as: unit condition; reasonableness of rent, cost of tenant paid utilities; whether the unit is energy efficient; and proximity of unit to public transportation, employment, schools and shopping. - Where family may lease a unit, including information on portability. - HUD required "lease addendum". - Request for Lease Approval and explanation of how to request approval to lease a unit. - HA policy on providing information about family to prospective owners. - The HA's subsidy standards, including any exceptions to these standards. - HUD brochure on how to select a unit. - HUD Lead Based Paint brochure. - Fair Housing Brochure and information, HUD-401 and a Discrimination Complaint Form HUD-903. - List of landlords or real estate agents who may be willing to lease a unit or may be able to help the family locate a unit. - Notice that if family includes a disabled person they may request a current listing of available accessible units known to the HA. o Family Obligations under the Section 8 program. - Grounds on which the HA may terminate assistance. - Informal hearing procedures. o The HA's policy on providing information to owners about a participant's tenancy history. - Additional information as determined by the HA. Briefing Session. a. The briefing session will be informal with the opportunity for the applicants to ask questions to ensure that they have an adequate understanding of the program and procedures to be followed. b. Briefing session topics will include: - Description of how the program works. - Family and owner responsibilities. Where the family may lease a unit, including renting a dwelling unit inside or outside the HA's jurisdiction. Section 8 Administrative Plan Portability. Advantages of moving to an area that does not have a high concentration of poor families. Description of the Family Self-Sufficiency program and an explanation of how to apply. The family will be notified that they must report any changes in family composition and/or income during the period between issuance of the Certificate/Voucher and execution of the HAP/Voucher Contract. The HA will follow up as necessary before execution of lease and contract. D. Certificate/Voucher Suspensions Extensions (24 CFR 982.303) 1. Suspensions. The Certificate/Voucher shall expire at the end of 60 days unless within that time the family submits a Request for Lease Approval (RFLA), at which time a "suspension" may occur. (The time between the date the RFLA is submitted and the date the HA determines whether to lease or deny the RFLA is not counted against the Certificate/Voucher time limit.) 2. Extensions. If a Certificate/Voucher expires or is about to expire, a family may submit the Certificate/Voucher to the HA with a written request for an extension. The applicant must present evidence justifying the extension which is satisfactory to the HA. If the family is unable to locate a unit due to circumstances beyond the family's control (such as, extreme illness, death, birth of a child), the HA may issue one or two 30-day extensions not to exceed a total of 60 days. SECTION IX UNIT SELECTION AND APPROVAL Section 8 Administrative Plan A. Locating a Unit It is the responsibility of the Certificate/Voucher holder to locate a unit suitable to the holder's needs and desires. The holder of a Certificate/Voucher may select the dwelling unit which the holder already occupies if the unit meets program qualifications. Information regarding landlords interested in participating in the program will be offered to the Certificate/Voucher holder. Certificate/Voucher holders will be encouraged to locate their own housing, but will also be informed that they should periodically contact the HA staff in order to report their progress or request any new information regarding available units. Owners who have committed "fraud, bribery or any other corrupt or criminal act" in connection with a federal housing program may be denied. Staff will provide a list of accessible units known to the HA and assistance in locating a dwelling unit to those families who, because of age or disability, are unable to find suitable units. To those applicants reporting apparent discrimination, assistance will be provided in preparing the required HUD Discrimination Complaint Form and in locating available housing elsewhere. If a Certificate/Voucher holder elects to move to a different jurisdiction, they must follow HUD's portability guidelines. B. Portability (24 CFR 982.353, 354, 355) Portability is the ability of a family issued a Certificate/Voucher, to move anywhere within the State of Iowa or anywhere in the United States where a tenant-based program is administered. If neither household head or spouse had a legal residence in the jurisdiction of the HA at the time of application, the family must lease a unit in the HA jurisdiction for one year before becoming eligible for portability. If a family's initial lease is outside the jurisdiction of the HA, they must be income eligible for the area in which they will lease. The receiving HA may offer to absorb families from another HA into their local Certificate/Voucher Program, according to availability and eligibility. The amount of housing assistance shall be based on the applicable Payment Standard in effect at the receiving HA at the time the Certificate/Voucher is received. The receiving HA will promptly notify the initial HA if the family has submitted a Request for Lease Approval, whether they will absorb or administer the Certificate/Voucher, if the family ceases to be a current participant in the initial HA's Certificate/Voucher Program, or has requested to move to another HA jurisdiction. The receiving HA will perform all functions normally associated with providing assistance to a family in the Certificate/Voucher Program, including determining unit size, lease approval, annual reexamination of income, annual inspection of the unit to meet Housing Quality Standards, and 32 Section 8 Administrative Plan executing the HAP Contract. If the receiving HA does not absorb the family into it's program, they will bill the initial HA for the Housing Assistance Payment on behalf of the family. The receiving HA will be eligible to receive 80% of administrative fees, and all hard-to-house fees associated with the portable Certificate/Voucher being administered. The initial and receiving HAs must comply with financial procedures and billing and payment deadlines required by HUD. The first bill must be sent from the receiving HA to the initial HA within six (6) months from the date the initial HA issued the certificate/voucher to the family. (PIH Notice 96-54, July 26, 1996) If the family selects an area where more than one Housing Authority may have jurisdiction, then the HA may select which Housing Authority in the new area shall be the receiver. C. Applicant Flexibility on Unit Size Selection It is emphasized that the unit size listed on the applicant's Certificate or Voucher does not preclude the family from selecting either a smaller or larger-sized unit provided the following requirements are met: 1. Larger-Sized Units. Certificates: The family may select a larger-sized unit provided the gross rent does not exceed the Fair Market Rent (FMR) limitation for the bedroom size listed on its Certificate. For example, a 2-bedroom Certificate Holder could select a 3-bedroom unit provided the gross rent does not exceed the 2-bedroom FMR limitation. Voucher: The family may select a larger-sized unit than listed on its Voucher. The family will be required to pay any additional cost for the larger size unit. (The maximum subsidy will remain based on the Voucher size issued to the family.) 2. Smaller-Sized Units. The family may select a smaller-sized unit provided there is at least one sleeping room or living/sleeping room of appropriate size for each two persons in the household. (For example, a 3-bedroom Certificate Holder with 5 family members could select a 2-bedroom unit if there would be two bedrooms for four of the members and a living/sleeping room for the fifth member.) The applicable Fair Market Rent (for certificates) or Payment Standard (for vouchers) will be that of the smaller unit size. NOTE: The Unit size designated on the Certificate/Voucher must remain unchanged, regardless of the actual unit size selected. D. Eligible and Ineligible Housing Units (24 CFR 982.352) 1. Eligible Units. ao The types of housing units that are eligible for the Certificate/Voucher Programs are: apartments, single family homes, townhouses, duplexes, fourplexes, mobile homes, congregate and independent group homes. Owners of manufactured homes can obtain housing assistance to rent mobile home pads on the Certificate Program but they are not eligible to receive assistance on the Voucher Program. Section 8 Administrative Plan c. Some units or developments sponsored by the FMHA may be eligible for residency by a certificate/voucher holder if occupancy does not create a situation of duplicate subsidy. 2. Ineligible Units. a. Any Public Housing or Indian Housing unit. b. Units in which the family is being assisted under other Section 8 subsidy programs. c. Nursing homes, board and care homes, or facilities providing continual psychiatric, medical or nursing services. d. Colleges or other school dormitories. e. Units on the grounds of penal, reformatory, medical, mental and similar public or private institutions. f. Housing owned in whole or in part, by the family to be assisted. g. Units that are owned by landlords that have been barred from participating in the program. h. Units owned by the parent, child, grandparent, grandchild, sister or brother of any member of the family to be assisted, unless the HA determines that approving the unit would provide reasonable accommodation for the family to be assisted, a family member who is a person with disabilities. Information Provided to Prospective Landlords About Participants (24 CFR 982.307) The HA must give the following information about program participants to prospective landlords: a. current address; and b. if known, name and address of owner of participant's current and prior address. The HA will inform all property owners interested in participating in the Section 8 Program that tenant screening for payment and other lease compliance behavior is the owner's responsibility, and is not performed by the HA. The HA will offer upon request of the owner any court documents that are already public record in the HA's possession. The same information will be provided to all families and all owners. [982.307(b)] Security Deposits (24 CFR 982.313) Property owners have the right to request security deposits from Section 8 tenants. Security deposits collected by owners cannot be in excess of private market practice or in excess of amounts charged by owners to unassisted tenants. It is the family's responsibility to pay the security deposit to the owner. The HA will not provide advances to assist families in meeting security deposits, but will provide assistance by referring the family to other potential private or public sources. 34 Section 8 Administrative Plan After the family moves from the unit, the owner must treat the deposit in accordance with State law. (State Code #562A) For the pre-9/95 Section 8 Certificate/Voucher contracts: If at the time of initial execution of the lease the owner wishes to collect a security deposit, the maximum amount shall be the greater of one month's Total Tenant Payment or $50. However, this amount shall not exceed the maximum amount allowance under Iowa state law--two months' rent. G. Approval of Property Owner (24 CFR 982.306) The HA will not approve a unit if any one of the following conditions exists: The owner is debarred, suspended or subject to a limited denial of participation by HUD under 24 CFR Part 24. , The Federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other Federal equal opportunity requirements and such action is pending. If directed by HUD because a court or administrative agency has determined that the owner has violated the Fair Housing Act or other Federal equal opportunity requirements. The HA, at its discretion, may deny participation to an owner if any one of the following conditions exists: a. The owner has violated obligations under any Section 8 HAP contract; b, The HA has obtained documentation that the owner has committed fraud, bribery or any other corrupt or criminal action in connection with any Federal housing program; c. The owner has engaged in drug trafficking; The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other Federal housing program; The owner has a history or practice of renting units that fail to meet state or local housing codes; or f. The owner has not paid state or local real estate taxes, fines or assessments. The individual circumstances and seriousness of such conditions will be considered prior to disapproval of an owner. If the HA determines that the owner is approvable and that the lease does not violate any program rules, the lease may be approved. If the lease cannot be approved, the owner and subsidy holder will be notified and provided with the reason and an opportunity to correct any deficiencies. H. Approval of Owner's Proposed Lease (24 CFR 982.308) The HA may adopt a model lease for its Section 8 Certificate and Voucher program and may encourage owners to use it. However, owners may elect to use their own lease. For any new tenants leasing on or after October 2, 1995, all leases must include the Section 8 lease Section 8 Administrative Plan addendum language verbatim or the owner must sign the HUD lease addendum with the prospective tenant. If the owner selects his/her own lease, the Certificate/Voucher holder must submit a copy for review at the time the RFLA is submitted. The HA will review all leases proposed by property owners to ensure that: a. The lease includes the lease addendum language verbatim. b. Utilities which must be paid by the tenant, if any, are specified. C, The initial lease term is for at least one year and includes a provision for automatic renewals for a definite or indefinite length. Housing Quality Standards Inspections (24 CFR 882.109, 982.401) 1. Inspection Procedures. When a family selects a unit and submits a Request for Lease Approval, the HA will inspect the unit for compliance with HQS. HQS used in the operation of the program will be as set forth in 24 CFR §882.109 (and Subparts J or K, if applicable), or as set forth in specified HUD-approved variations in the acceptability criteria. The HA will use an approved HUD Housing Quality Standards (HQS) inspection form. The inspection form is maintained in the tenant file. Copies may be sent to both the owner and the tenant on request. In the case of any "fail" items, a reinspection is completed prior to approval of any lease. In the case of any "inconclusive items," further documentation of the acceptability of the items will be required, or a reinspection will be completed to confirm acceptability of the unit. The various types of inspections include: annual, move-in, move-out, complaint and special. The HA will inspect each dwelling unit leased to an eligible family at least annually and at such other times as may be necessary to insure that the owner is maintaining the unit in accordance with HQS and is providing the agreed upon utilities and other services. The annual inspection will be performed in conjunction with the annual reexamination of family circumstances. The HA encourages that both the owner and tenant are present during inspections. The HA will send a written notification to the landlord and tenant informing them of the inspection date and time. When a unit fails the HQS inspection, the HA will notify the owner of the failed item(s) and the required time to repair (24 hours for emergency items, 30 days for other non-emergency items). If the owner fails to take corrective action within the time prescribed in the notice, the HA may exercise any of its rights or remedies under the contract, including abatement of Housing Assistance Payments (even if the family continues in occupancy) and termination of the contract. (See also Section X, E. Rent Abatement and Contract Termination for HQS Violations.) If the family wishes to be rehoused in another dwelling unit with Section 8 assistance and the HA decides to terminate the Housing Assistance Payments Contract, the HA shall issue to the family another Certificate/Voucher. A family's assistance may be terminated if the family has breached its responsibilities under the program and is responsible for HQS failure for the following reasons: failure to pay for tenant supplied utilities and services; failure .to provide and maintain tenant-supplied appliances, or; damages caused by guests or family members. Section 8 Administrative Plan The HA will attempt to obtain annually from local health agencies the names and addresses of children with identified elevated blood levels (EBLs) and match this information with the names and addresses of participants. If a match occurs, the HA will determine whether local health officials have tested the unit for lead-based paint. If the unit has lead-based paint the owner will be required to treat the lead-based paint. If corrective action is not taken the family will be issued a Certificate/Voucher to move. Copies of the inspection reports will be kept for a period of three (3) years. 2. OualitV Control Procedures. In order to ensure that the inspections are adhering to HQS, and are providing consistent determinations, a random sample of approximately five percent of the approved units are reinspected by housing supervisory personnel. If inconsistencies are found a larger sample will be used and additional training provided. J. Initial Contract Rents 1. Fair Market Rent. a, Certificates: (24 CFR 882.106(a)) For the Certificate Program, the Contract Rent plus utilities must be within the Fair Market Rent (FMR) in effect for the appropriate bedroom size. FMRs should be taken from the most recently published FMR schedule published in the Federal Register. bo Vouchers: For the Voucher Program, the Contract Rent is not limited by the FMR, however at no time may the voucher Contract Rent exceed rent that is paid for comparable, unassisted units. Approval will not be given for a Request for Lease Approval that would require a participant to pay more than 40% of their adjusted income for rent and utilities (Title V H.R. 4194 Sec. 545). 2. Rent Reasonableness. (25 CFR 882.106(b)) Rent reasonableness will be determined for both Certificate and Voucher holders at initial lease up and each annual certification thereafter. Documentation of reasonable rent will be included in each participant's file. The reasonableness of the rent requested by the owner will be determined on the basis of: a. HA market survey information on rents for comparable units in the area; b. The condition of and amenities in the unit; and c. The previous rent charged for the dwelling. The HA will collect and maintain substantial data to determine and support rent reasonableness for all program rents. Data will be purged and updated regularly by Section 8 staff. If the HA determines that the amount of rent requested by the owner is not reasonable, a reasonable rent will be computed, and a counter-offer will be made to the owner. Failure by the owner to lower the rent will result in disapproval of the unit for the program. 37 Section 8 Administrative Plan SECTION X HOUSING ASSISTANCE PAYMENTS CONTRACT HAP 1. Contract Execution (24 CFR 982.311, 451,452, 454, 455) Once the owner, lease (if owner elects to use his/her own lease), and unit are approved, and a reasonable rent negotiated, the HA will enter into a HAP contract. The HAP contract is a contract between the HA and the owner and provides for the HA to make monthly payments to the owner for a specific family in a specific unit. The term of the contract runs concurrently with the lease term. The HAP contract terminates if the lease terminates. No payments may be made after the family moves out or the lease term ends. The HA will use HUD's HAP contracts published in September 1995 for all new lease-ups effective after 10/2/95. HAP contract HUD-52535.1 - .2 will be used for the certificate program; and HAP contract HUD-52643.1 - .2 will be used for the Voucher program. HAP contract HUD-52530A will be used for the Section 8 project-based program. Current owners under the HA's Section 8 program may continue to use the old HAP contract for current participants until the owner decides to revise the lease, the tenant moves, or the owner agrees to sign the new contract. The family is not responsible for the HAP payment and cannot be charged late fees if the HA pays late. However, the Conforming Rule, effective October 2, 1995, permits a HA to be charged late fees in accordance with state/local laws. The HA may pay for late fees from administrative fee income or reserves. Once the leasing/contract documents are prepared, HA staff upon request will meet with the owner and family (preferably together) to review documents. (The HA will mail or fax or deliver the documents to the landlord.) In addition to reviewing the specific terms of the HAP contract and lease, staff will explain: Owner requirements to maintain the unit, allow inspections, and inform the HA if the tenant vacates without notice. b, Tenant requirements to pay rent, maintain the unit, allow inspections, cooperate with the HA's recertification requirements, and notify the HA when the family wishes to move. The HA will make their best effort to sign all HAP contracts before lease terms start and will ensure that all contracts are executed within 60 days after the beginning of the lease term. a, If the HAP contract was signed within the 60 day period after the lease term started, housing assistance payments may be made retroactive to the beginning of the lease term. If the HAP contract was executed more than 60 days following the beginning of the lease term, the contract is void and no housing assistance payments may be made to the owllet. A new HAP contract will be required for new and revised leases. Changing the security deposit, family members, utilities furnished by owner, or acceptability of pets will require execution of a new HAP contract. 38 Section 8 Administrative Plan Payments to Owners (24 CFR 982.311) Housing Assistance Payment, (the difference between the contract rent and the portion of the rent payable by the family) shall be paid to the owner in accordance with the contract. No payments will be made on behalf of an assisted family until the lease and the Housing Assistance Payments Contract have been signed by all appropriate parties. The HA will maintain an internal control system which will ensure the accurate posting and · tracking of Housing Assistance Payments to owners. Contract Rent Adjustments - Certificate Program (24 CFR 882.108) 1. Before the initial contract is executed, owners are informed of program regulations regarding both annual adjustments and special adjustments. They are also made aware of the HA's review process regarding contract rent adjustments. a. Upon receipt of an owner's request for an Annual Rent Adjustment, the following will be reviewed: (i) The limitation of the appropriate Annual Adjustment Factor. (ii) The timeliness of the owner's request. (iii) The current Housing Quality Standards inspection. (iv) The reasonableness of the requested rent in respect to property improvements completed. (v) Ongoing property maintenance. For the Certificate Program, any adjustment cannot exceed the amount determined to be reasonable under rent reasonableness comparability. Authorization is required for all rent increases. The HA must implement annual contract rent increases effective the later of: (i) the anniversary date of the HAP contract, or (ii) the first day of the month following the owner's request for an increase. b. Annual Adjustment to rents for assisted units will be limited to the lesser of: (i) The maximum amount allowable by application of the Annual Adjustment Factor, or (ii) The amount determined to be Rent Reasonable, or (iii) The rent charged for comparable unassisted units owned by the same owner. 2. Special Contract Rent Adjustments-Certificate Program (24 CFR 882.108(a)) Owners may submit a request for a special rent adjustment (over and above the annual adjustment) but must document the following: 39 Section 8 Administrative Plan (i) the costs of owning and maintaining the unit have increased; (ii) the increase is a result of substantial general increases in real property tax rates, utility rates or similar costs (i.e., assessments and utilities not covered by regulated rates); and (iii) the annual contract rent adjustment does not compensate the owner for the increases. NOTE: This documentation will be forwarded to HUD. Special rent adjustments are NOT approved by the HA. Contract Rent Adjustment - Voucher Program The Contract Rent may not be increased during the first year of the lease. After the initial year, owners may request an increase at any time, but must provide written notice of any proposed increase to the family, in accordance with the lease and contract, and to the HA. The increase will not be approved unless the increased rent meets rent reasonableness requirements. Families who wish to move because of the owner's rent increase will be required to give the owner proper notice and notify the HA at least thirty (30) days in advance. Rent Abatement and Contract Terminations for HQS Violations (24 CFR 982.404) When an owner fails to correct cited repairs within the specified time frame, housing assistance payments will be abated at the end of the month in which the failed reinspection occurred, and will continue until such time when: The owner corrects the deficiencies, in which case the housing assistance payments may be resumed as of that date; or - The HAP contract expires or is terminated. The HA will not resume HAP payments until the owner has corrected the deficiencies. No retroactive payments will be made for the period during which the rent abatement occurred. When the deficiencies are corrected, however, a prorated housing assistance payment may be provided to the owner for the period commencing with the date a HA inspector certified the required work was completed. The HA will send the owner advance written notification, in accordance with the HAP contract, when the HA plans to abate payments. The HA will also notify the family of this action and apprise the family of its responsibility, based on applicable State or local law, for the payment of the tenant share of rent to the owner. The HA will terminate HAP contracts which are under abatement at the earlier of: a) the month the family living in the unit has moved, or b) six months after the last payment was made. HAP contracts will be terminated immediately, without application of the rent abatement process described above, in cases of owner failure to repair life-threatening conditions within the required 24 hour time period. This applies only to cases in which the owner is responsible for the situation not when the tenant has caused the violation. Life-threatening conditions include but are not limited to: a, No heat between October i and May 1. No electricity. 40 Section 8 Administrative Plan No gas. No running water. Natural gas leak or fumes. Major plumbing leaks or flooding (such as sewer backup or stoppage). Any electrical outlet, switch, stationary light fixture, fuse box or circuit breaker that smokes, sparks or short circuits, creating a fire hazard. Broken or missing lock on any dwelling unit doors accessible to the outside of the dwelling unit. Uninhabitable units due to fire, tornadoes, destroyed or vandalized property that prevent a tenant from using the bathroom or kitchen or from entering the dwelling unit. 41 SECTION XI ONGOING ACTIVITIES Section 8 Administrative Plan A. Annual Reexaminations (24 CFR 882.5 15) The HA will re-examine the income, assets, expenses and family composition of all families at least annually. Reexaminations determine the participant's monthly TTP and rent to owner (Tenant Rent), eligibility for continued occupancy, and required unit size. The HA follows all pertinent HUD regulations in its completion of reexaminations. Approximately ninety days prior to the family's reexamination effective date, the family will be sent an annual review packet along with a scheduled meeting time and date where Section 8 staff will be available to assist in completion of the annual review documents. If the family does not return the packet or show up for the meeting a second notice will be sent. If the family fails to respond to the second notice, the HA will send a termination assistance notice to the family which will be effective on the family's reexamination date. Employment and income data, assets, full-time student status, medical expenses (elderly families only), child care expense, and handicapped assistance expenses will be verified, documented and placed in the participant's folder. Third party written verifications are required. Verified information will be analyzed to determine TTP and the appropriate unit size. , Tenants requiring larger or smaller units are issued a Certificate/Voucher for the appropriate bedroom size dwelling unit at the annual reexamination, or at such other times necessary, depending on availability. However, if the family size exceeds the maximum subsidy standard for continued occupancy, the family must be issued the appropriate size Certificate/Voucher. At annual reexamination, the applicable Payment Standard for Vouchers will not change unless the family moves to a different unit, or there has been a change in family size. The Payment Standard may not be less than the standard previously used, except when the family qualifies for a smaller unit. Tenants whose Total Tenant Payment equals or exceeds the gross rent for their dwelling unit, will be notified of their responsibility for the entire contract rent amount. Housing Assistance Payments shall be terminated with proper notice to both the tenant and owner. Suspension of Housing Assistance Payments shall not affect the tenant's other rights under the lease, nor shall suspension preclude the resumption of payments as a result of loss of income or other relevant circumstances. Co For 9/95 versions of HAP contracts the HA will terminate the contract if six (6) months have passed since the date of the last Housing AssistanCe Payment. For pre 9/95 HAP contracts the HA will terminate the contract if twelve (12) months have passed since the date of the last Housing Assistance Payment. Increases in the participant's portion of the rent to owner (Tenant Rent) will be effective on the scheduled reexamination effective date, with reasonable advance notice (30 days) provided the participant has complied with all reporting requirements. When the participant has failed to do so, the participant's portion will increase retroactive to the reexamination 42 Section 8 Administrative Plan effective date. Retroactive changes in participants rent share will not be made when delays are solely the fault of the Authority or a verification source. Decreases in participant's portion of rent shall take effect on the reexamination effective date. B. Interim Reexaminations Changes in family income or composition may result in an interim recertification. Increases in income and/or changes in family composition which result in greater than a $100 increase gross monthly income for the family will be processed. All changes that will result in a decrease in rent must be reported and processed. An interim reexamination does not change the anniversary date for the annual reexamination. 1. Income/Family Composition Changes. The resident must report within 30 days: a. All changes in the household composition; and b. Any of the following facts which would result in an increase in rent: an increase in per month gross household income that would result in a $100 or greater increase in family income; receipt of a deferred payment in a lump sum (such as unemployment benefits). The resident may report any of the following changes which would result in a decrease in rent: a. Decrease in income expected to last at least 30 days; and b. Increase in allowances or deductions. 2. Zero Income. The HA will schedule special reexaminations at a minimum of every 90 days for families reporting $0 income. Families reporting $0 income will be required to have all adult household members sign a certification of $0 income and a release allowing the HA to obtain a certified copy of any tax return submitted to IRS by all adults residing in the household. Failure to comply with these reexamination requirements will be considered grounds for termination of assistance. 3. Effective Date of Rent Changes Due to Interim Recertifications. Tenant Rent Decreases: If a change in family circumstances or income results in a decrease in Tenant Rent, the adjustment in rent will be effective the first day of the month, following verification of reported change. Decrease in Tenant Rent will not be granted without verification of the decrease in income. Tenant Rent Increases: If a change in family circumstances or income results in an increase in Tenant Rent, the adjustment in rent will be made effective the first day of the second month following that in which the change in family circumstances or income is verified and written notice of new rent is sent to the tenant (thereby giving a 30-day notice to the tenant). Section 8 Administrative Plan C, Tenant and owner will be notified as to any changes in the Housing Assistance Payment or Tenant Rent. Errors. If an error in Tenant Rent is revealed at any time during the income year, proper adjustment will be made to correct the error as follows: a, If the error is the fault of the tenant, and results in the tenant owing additional rent, such rent shall be repaid by the family within a reasonable period of time. Failure to repay may result in termination. If the error is not the fault of the tenant and it results in increased Tenant Rent, such rent shall be made effective after a 30 day notice is given to the tenant. If a refund is necessary, because of a decrease in rent, it shall be processed immediately. C, If the error is not the fault of the tenant, and corrective action results in a decreased rent, such rent shall be made effective as of the date the error was made. Changes in Household Composition All participants are required to report any change in household composition within 30 days of the change to the Authority and to the landlord. New household members may be added to the resident's lease if the new family member has been added as the result of birth, marriage, reconciliation with a spouse, legal adoption, award of custody to or by a member of a household on the lease and award of a foster child. However, no new household member over the age of five years may be added unless and until that person has provided the required information to the HA and been determined eligible for admission according to the guidelines specified in Section II of this policy. The Housing Authority has the right to deny admission to any person found to be ineligible. Participants must provide documentation as required by the Authority when reporting that a family member has left the household. In the case of an income producing household member, the Authority will require at least two documents verifying the new address or other evidence deemed acceptable by the Authority. Utility bills, a driver's license, an automobile registration, voter registration, an employer's verification, or a lease or a rent receipt bearing the family member's name, new address and a date are examples of acceptable evidence. Court papers indicating that a family member has left the household such as a Petition for Dissolution of Marriage, a Petition for an Order of Protection, or a Petition for Legal Separation may also be acceptable. Family Moves with Continued Assistance (24 CFR 982.3 14) (See also Section XII, Terminations) If the tenant desires to relocate, they may do so freely upon completion of the first year's term of the lease. However, the tenant must first submit a 30 day written notice, but not more than a 60 day notice, to the landlord stating his/her intention to vacate. Notices must be from the 1st tO the 1st Of the month. A copy of this notice, signed by the tenant, must be provided to the HA within 30 days. o If the tenant desires to relocate, but has not completed the initial year's term of the lease, the transfer will not be granted by the HA unless both tenant and landlord mutually agree to rescind the lease. If both the landlord and tenant do so agree, they must both sign a mutual rescission form supplied by the HA. A copy of the rescission must be provided to the HA. 44 Section 8 Administrative Plan o (For pre 9/95 HAP Contracts) If, after the move-out inspection, it is determined that the final assessment of damages is in excess of the security deposit, the tenant will be required to pay the damage claim and will be offered a repayment arrangement if needed. Participants are limited to one move in any 12 month period. The HA will consider extenuating circumstances on a case by case basis. , If the family wants to move to a new unit that is located in another jurisdiction, the family must provide notice to the HA and must specify the area where the family wants to move. (See also Section IX, B. Portability.) , The HA may deny a participant family's request to move if the family has not complied with a Repayment Agreement executed with the current or another HA, or if the HA does not have sufficient funding for continued assistance. (See also Section XI, Ongoing Activities, H. Repayment Agreements.) E. Assistance for Families Under Lease The HA will plan, develop and coordinate working relationships with human services and social service agencies that can be of help to tenants. The HA staff will assist in providing information and referral service to tenants. Families who have questions regarding their participation in the Certificate/Voucher Program, may request assistance from the HA. F. Family Break-Up (24 CFR 982.315) In the case of family break-up, the housing assistance will remain with the family member who maintains custody of the children. If there are no children, the HA will make a determination on who will receive the assistance based on one of the following factors: whether the assistance should remain with family members remaining in the original assisted unit; the interest of ill, elderly or disabled family members; and whether family members are forced to leave the unit as a result of actual or threatened physical violence against family members by a spouse or other member of the household. If a court determines the disposition of property between members of the assisted family in a divorce or separation under the settlement or judicial decree, the HA will follow the court's determination of which family members continue to receive assistance in the program. In the case where these is no adult remaining family member and there are minors still living in the unit, the Authority will accept proof of legal guardianship of remaining minors and will grant remaining member status subject to all program eligibility considerations. G. Family Absence From Unit (24 CFR 982.312) The family may be absent from the unit for brief periods not exceeding thirty (30) consecutive days. In cases where no member of the assisted family is present due to acknowledged vacation, hospitalization or imprisonment, the absence may not exceed 180 days. If it does, housing assistance will be terminated and the family must reapply for the program. The family must supply information and certification to the HA to verify that the family is residing in the unit. The family must also promptly notify the HA of the absence from the unit, including any information requested about the purpose of the family absence(s). H. Repayment Agreements A~ Section 8 Administrative Plan If a participant owes money to the HA, the HA requires the participant to enter into a repayment agreement or repay the entire amount on demand. If the participant does not comply with the repayment agreement, the HA may terminate the participant from the program. However, the HA will consider extenuating circumstances on a case-by-case basis. If the HA determines that the family committed fraud or was grossly irresponsible, the HA may require the family to repay the entire amount in full or have its assistance terminated, since fraud or gross irresponsibility are considered a violation of a family obligation. In no case does the HA have a responsibility to enter into a repayment agreement. If the family's assistance is terminated and repayment has not been made, the money will still be considered to be owed and the HA may still take action to collect the amounts owed. (See also Section II, A. (9) Eligibility Criteria, Section XI, D. (6) Family Moves with Continued Assistance and Section XH, B. Housing Assistance Terminations, 1 .f.) 46 Section 8 Administrative Plan SECTION XII TERMINATION, CLAIMS AND COMPLAINTS AND APPEALS A. Termination of Tenancy By Owner or Participant Owner Initiated Lease Terminations. (24 CFR 982.310, 311) During the term of the lease, the owner may terminate tenancy on the following grounds: a. Serious or repeated violation of the terms and conditions of the lease; Violation of Federal, State or local law that imposes obligations on a tenant in connection with the occupancy or use of the premises; or C, Other good cause. However, during the first year of the lease, the owner may not terminate for "other good cause" unless the termination is based on something the family did or failed to do. The following are some examples of "other good cause" for termination of tenancy by the landlord: (i) Failure by the Tenant Family to accept the offer of a new or revised lease. (ii) Tenant Family history of disturbance of neighbors or destruction of property, or of living or housekeeping habits resulting in damage to the unit or property. (iii) Criminal activity by Tenant, any member of the household, a guest or another person under the tenant's control, that threatens the health and safety or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity of the premises. (iv) Any drug related criminal activity on or near the premises. (v) The landlord's desire to utilize the unit for personal or family use or for a purpose other than use as a residential rental unit; or (vi) A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, desire to rent the unit at a higher rental). The owner may only evict the tenant from the unit by instituting a court action. NOTE: This list of examples is intended as a non-exclusive statement of some situations included in "other good cause," but shall in no way be construed as a limitation on the application of "other good cause" to situations not included in the list. The owner may not terminate the tenancy during the first year of the term of the lease, for example, for reasons (i), (v) or (vi) of "other good cause." If termination is due to a "business or economic reason" (i.e., the HA is unable to approve the amount of rent you are currently charging), or "expiration" of the HAP contract, a written notice must be sent the tenant family in accordance with the lease and state and local law. do If owner initiates an eviction action in accordance with the lease and the family continues to live in the unit, the HA will continue to make payments until the family moves or is evicted. Section 8 Administrative Plan e. The owner will keep the full payment for the month in which the family moves out. 2. Participant Initiated Lease Terminations. If a tenant wishes to move, they may do so at any time after the first year of the term of the lease. The tenant must submit a 30 day written notice, but not more than a 60 day notice, to the landlord. A copy of this notice, signed by the tenant and the landlord, must be provided to the HA. b, If a family desires to be released prematurely from a lease in effect at the time, such tenant shall first obtain a Mutual Recision form from the HA. This form must be filled out, in full, by the landlord and tenant. If a family moves with continued assistance, the term of the lease for the new unit may begin during the month in which the family moves from the old unit, and payment may overlap for the old and new units. This is not considered a duplicative housing subsidy. The HA may deny permission to move if there is insufficient funding for continued assistance. If the family wishes to terminate assistance voluntarily and remain in the unit, the family and owner must execute a new lease. B. Housing Assistance Termination (24 CFR 982.552) Program participants in the Section 8 programs will continue to receive assistance as long as they comply with program obligations. If a participant family fails to abide by the program obligations, they may be terminated from the Section 8 Program which will result in the discontinuation of the housing assistance in the family's current unit and in all future units. All participants for whom the HA intends to terminate assistance will be provided a written notification informing them of the reason for the termination determination and the right to request an Informal Hearing. (See Section E for further discussion of informal hearings.) 1. . The HA may terminate housing assistance for the following reasons: a. If the family violates any family obligations under the program. (24 CFR 982.551) If any member, guest, or visitor of the family commits drug-related criminal activity, or any violent criminal activity. (24 CFR 982.553) If a family has engaged in or threatened abusive or violent behavior toward HA personnel. The family has committed fraud, bribery or any other corrupt or criminal act in connection with the Certificate/Voucher programs. Note: For housing assistance terminated for reasons a, c, and d the family may not reapply for one year from the termination. Housing assistance terminated for reason b, the family may not reapply for three years from date of termination. e. If any member of the family has been evicted from public housing. If the HA has ever terminated assistance under the certificate or voucher program for any member of the family. 48 Section 8 Administrative Plan h, j, If any member of the family commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program. If the family currently owes rent or other amounts to the HA or to another HA in connection with Section 8 or public housing assistance under the 1937 Act. If the family has not reimbursed any HA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease. If the family breaches an agreement with the HA to pay amounts owed to an HA, or amounts paid to an owner by an HA. k, no If any family member fails to sign and submit consent forms for obtaining information in accordance with 24 CFR pan 760 and 24 CFR part 5. Evidence of citizenship (i.e., the declaration) and eligible immigration status is not submitted by date specified by the HA. Evidence of citizenship or eligible immigration status is submitted in a timely manner, but INS primary and secondary verification does not verify eligible status of any family member and: (i) Family does not pursue INS appeal or HA informal hearing rights or (ii) INS appeal and informal hearing rights are pursued but final appeal and/or hearing is decided against family member. The tenant has failed to meet his/her HQS obligation in cases where they are responsible for tenant supplied appliances or utilities and/or the activities of their guests. The tenant has failed to promptly notify the HA if any family member no longer resides in the unit. The family fails to promptly inform the HA of birth, adoption, or custody of a child and request approval to add any other family member. The family fails to promptly notify the HA of any absence from the unit. If any family member illegally uses, or possesses for personal use, a controlled substance. Such use or possession must have occurred within one year before the date the housing authority provides notice to the family of its decision to terminate assistance. The housing authority will not deny or terminate assistance for 'such use or possession by a family member, if the family member can demonstrate that he or she: (i) Has an addiction to a controlled substance, has a record of such an impairment, or is regarded as having such an impairment; and (ii) Is recovering, or has recovered from, such addiction and does not currently use or possess controlled substances. As a condition of being allowed to reside in the unit, the HA will require evidence of participation in, or successful completion of, a treatment program from the family member who has engaged in the illegal use of drugs. Section 8 Administrative Plan So If a family signed a statement certifying that a person who engaged in domestic violence against the household would not be allowed to reside in the household, breach of this certification may be grounds for termination of assistance. [5.420(b)(4)(iii)(B)] The housing authority determines that there is reasonable cause to believe that the participant abuses alcohol in a way that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. The HA may waive this provision if the participant demonstrates to the HA's satisfaction that the participant is no longer engaging in abuse of alcohol and: (i) has successfully completed a supervised drug or alcohol rehabilitation program; (ii) has otherwise been rehabilitated successfully; or (iii) is participating in a supervised drug or alcohol rehabilitation program. U, The tenant has a total tenant payment equal to or greater than the gross rent for the unit for six (6) months for HAP contracts dated 9/95 or after and twelve (12) months for HAP contracts dated prior to 9/95. C. Contract Termination September 95 versions of HAP contracts terminate automatically 180 calendar days after the last housing assistance payment to the owner. Pre 9/95 version of HAP contracts terminate automatically one year after the last housing assistance payment to owner. The HA may terminate, with a 30 day written notice, a contract with a landlord for the following reasons: The unit is not in compliance with Housing Quality Standards because the owner has refused, or failed to correct the HQS deficiencies after proper notice by the HA. b. The tenant has moved. The tenant has been notified by the HA to move because the unit is either overcrowded or under occupied. The owner has committed any fraud or made any false statement to the HA or HUD in connection with the contract, or has committed fraud or made any false statement in connection with any federal housing assistance program. e. The unit is determined by the HA and/or owner to be abandoned or unoccupied. Lease is terminated by mutual agreement of the owner and tenant, then the HAP contract automatically terminates in accordance with the contract terms. The HA cannot approve the new rent requested by the owner, and the owner will not accept a lower rent. The HA has found it necessary to terminate the tenant's assistance for documented good cause. Owner has decided to terminate tenancy for "other good cause" that is a business or economic reason. 5O Section 8 Administrative Plan If the owner has violated any obligation under this Contract or under any other Housing Assistance Payments contract under Section 8 of the U.S. Housing Act of 1937. If the owner has demonstrated any intention to violate any obligation under this Contract or under any other Housing Assistance Payments contract under Section 8 of the U.S. Housing Act of 1937. For projects with mortgages insured by HUD, or loans made by HUD, if the owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the Regulatory Agreement; or if the owner has filed any false statement or misrepresentation with HUD in connection with the mortgage or loan. m. If the owner has engaged in drug trafficking. NOTE: If the HA determines that a breach has occurred, the HA may exercise any of its rights or remedies under the Contract. The HA shall notify the Owner in writing of such determination, including a brief statement of the reasons for the determination. The notice by the HA to the owner may require the owner to take corrective action (as verified by the HA) by a time prescribed in the notice. The HA's rights and remedies under the Contract include recovery of overpayments, termination or reduction of Housing Assistance Payments, and termination of the Contract. D. Claims Claims will be paid only for pre 9/95 versions of the HAP contract, and only in cases when the requirements specified below are met. No claims will be honored for owners under the HAP contract edition dated 9/95 or after. 1. General Conditions. Claims for unpaid rent and damages must be submitted by the owner/landlord to the Iowa City Housing Authority (ICHA) after judgment is received from the Small Claims Court, where both parties have all appeal rights afforded under Iowa law. The ICHA will honor judgments up to the maximum liability under the HAP contracts. 2. Eligible Expenses and Maximum Amounts for Unpaid Rent and Damages. Certificate Program: On the Certificate Program, claims can be paid for actual amounts due to the owner for unpaid rent and damages, (up to two months contract rent minus the security deposit the owner could collect or actually collected). Voucher Program: On the Voucher Program, claims can be paid for actual amounts due the owner for unpaid rent and damages, (up to one month's contract rent, minus the security deposit the owner could collect or actually collected). 3. Vacancy Loss a, Voucher Program: No vacancy loss will be paid to a property owner participating in the Voucher Program. Certificate Program: Owners are required to submit the following information to receive a vacancy loss payment (Certificate Program only): Section 8 Administrative Plan (i) The date the unit was vacated; and (ii) The date the unit was re-rented; and (iii) The efforts made to re-rent the unit during the vacancy period. 4. Processing of Claims. The ICHA will give written notice to both the owner/landlord and tenant advising of the ICHA's determination of amounts to be paid. Tenant is advised of their right to an informal hearing. Before tenant will be eligible for Section 8 assistance at a new unit or for future participation in federally assistedhousing programs, the tenant must repay the ICHA whatever amount the ICHA paid to the owner. A repayment agreement can be allowed. 5. Appeals. ao The ICHA has established an informal hearing procedure which is in accordance with federal regulations. All participant appeals will be handled as specified by these procedures (See Informal Hearing). E. Informal Hearing (24 CFR 982.555) The purpose of the Informal Hearing is to give the participant an opportunity to review the determination to ensure that it is in accordance with the law, HUD regulations and program rules. The HA will respond to all requested Informal Hearings within ten business days from receipt of requests, and will send the family with a written notice of the results of the Informal Hearing by regular mail within five (5) business days of the date of the Informal Hearing. The Informal Hearing will be conducted by a person or persons designated by the HA, other than the person who made or approved the decision under review or a subordinate of this person. The participant must be given the opportunity to examine any HA documents that are directly relevant to the hearing before the hearing. The family must be allowed to copy any such document at the family's expense. If the document is not made available on the request of the participant, the HA may not rely on the document at the hearing. The HA and participant family must be given the opportunity to present evidence, and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The person who conducts the hearing must issue a written decision stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. A copy of the hearing decision shall be sent to the family by regular mail within five (5) business days of the date of the Informal Hearing. 52 Section 8 Administrative Plan SECTION XIII ADDITIONAL ITEMS A. Misrepresentation The resident is to be notified in writing if the Authority finds evidence that the resident or any adult member of the resident family has misrepresented facts affecting the family's eligibility or rent. Willful misrepresentation of facts may result in retroactive rent charges, termination of assistance, and/or criminal prosecution. Section 1001 of Title 18 of the United States Code makes it a criminal offense to knowingly make a false statement to any department or agency of the United States as to any matter within its jurisdiction and establishes penalties of fines up to $ I0,000 and/or imprisonment not to exceed five years. B. Monitoring Program Performance The HA places strong emphasis on staff communication in regular staff meetings. Problems and potential problems are investigated, discussed and handled using team effort. The HA management policy is formulated accordingly. Internal policies and procedures, as required for the implementation of the Administrative Plan, shall be developed as necessary. A monitoring and evaluation system has been developed to include major program areas. This system is designed to ensure that regulations are followed and program goals are met. Changes in approach are initiated on a as-needed basis, subject to program regulations and funding limitations. Annual and interim reexaminations, leases, contracts, and supporting documents are checked by appropriate staff for accuracy, completion, and program compliance. An annual financial audit will be conducted on an annual basis by an independent public accountant. The HA will maintain records of applications, eligibility and ineligibility determinations, verifications, HQS inspections, leases, contracts and payment information in applicant and participant files. Inactive files will be maintained for a minimum of three years. Applicable records related to immigration status will be maintained for a minimum of five years. All other aspects of monitoring program performance will be performed in accordance with HUD requirements and the HA's policies. C. Interpretation and Amendment Interpretation The policies set forth herein shall be interpreted, implemented and acted upon in relation to the laws of the United States and the State of Iowa, and all rules, regulations and policies enacted, enforced or promulgated by the United States Department of Housing and Urban Development, all of which shall take precedence over the Policies and Procedures described in this Administrative Plan and all of which are incorporated herein by reference and all current rules, regulations and policies, including but not limited to Income Limits, Utility Schedules and Fair Market Rents, shall be in accordance with Federal law. Section 8 Administrative Plan Amendment The policies outlined herein shall be amended only by resolution adopte. d by the affirmative vote of the HA Board upon recommendation by the HA, except that no action shall be required to make changes required by laws of the United States or the State of Iowa or any rules, regulations and policies enacted, enforced or promulgated by the United States Department of Housing and Urban Development, all of which shall take precedence over the herein expressed Policies, and all of which are incorporated herein by reference. The HA Board of Commissioners will be notified of any subsequent changes that may be effective through new Federal regulations. hisasst/admin3.doc 54 APPENDICES Section 8 Administrative Plan APPENDIX 1 SECTION 8 ADMINISTRATIVE PLAN GLOSSARY OF TERMS ABSORPTION In portability, the point at which a receiving HA chooses not to bill or stops billing the initial HA for assistance on behalf of a family and issues assistance from its own allocation. ADJUSTED INCOME Annual income less the following allowances determined in accordance with HUD instructions: 1. $480 for each Dependent; Note: The head, co-head, spouse, foster child or live-in aide are never counted as dependents. $400 for each family whose head or spouse/co-head is at least 62 years or age or disabled; , For any family that is not an elderly family or a disabled family but has a handicapped or disabled member other than the head of household or spouse, handicapped assistance expenses in excess of three percent of annual income, but this allowance may not exceed the employment income received by family members who are 18 years of age or older as a result of assistance to the person with disabilities; , For any elderly family or disabled family: (i) that does not have handicapped assistance expenses, an allowance for medical expenses equal to the amount by which the medical expenses exceed three percent of annual income; (ii) that has disability assistance expenses greater than or equal to three percent of annual income, an allowance for disability assistance expenses computed in accordance with paragraph 3 of this section, plus an allowance for medical expenses that is equal to family's medical expenses; (iii) that has disability assistance expenses that are less than three percent of annual income, an allowance for combined disability assistance expenses and medical expenses that is equal to the amount by which the sum of these expenses exceeds three percent of annual income; and 5. Child care expenses (see Section V for detail). ADMISSION The effective date of the first HAP contract for a family (first day of initial lease term) in a tenant-based program. This is the point when the family becomes a participant in the program. ANNUAL INCOME Annual income is the anticipated total income from all sources (monetary or not) received by the family head and spouse (even if temporarily absent) and by each additional member of the family, including all net income derived from assets for the 12-month period following the effective date of initial determination or re-examination of income, exclusive of income that is temporarily non-recurring or sporadic. Annual income includes, but is not limited to: Income Annual a. Co Section 8 Administrative Plan The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the Family. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. All allowance for depreciation is permitted only as authorized in paragraph lb of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the Family. Where the Family has Net Family Assets in excess of excess of $5,000, Annual Income shall include the greater of the actual income derived from all Net Family Assets or a percentage of the value of such Assets based on the current passbook savings rate, as determined by HUD. The full amount of periodic payments received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amount for the delayed start of a periodic payment (except as provided in 2n below). Payments in lieu of earnings such as unemployment and disability compensation, worker's compensation and severance pay. Periodic and determinable allowances, such as alimony and child support payments and regular contributions or gifts received from persons not residing in the dwelling. All regular pay, special pay allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse (but see 2g below). Exclusions income does not include the following: Income from employment of children (including foster children) under the age of 18 years; Payments received for the care of foster children or foster adults (usually individuals with disabilities, unrelated to the tenant family, who are unable to live alone); Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in le above); 76 Section 8 Administrative Plan Amounts received by the Family that are specifically for, or in reimbursement of, the cost of Medical Expenses for any Family member; e. Income of a live-in aide as defined in 24 CFR 5.403; The full amount of student financial assistance paid directly to the student or to the educational institution; The special pay to a Family member serving in the Armed Forces who is exposed to hostile fire; h. (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self- Sufficiency (PASS); (iii) Amounts received by a tenant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; or (iv) A resident service stipend: this is a modest amount (not to exceed $200 per month) received by a public housing resident for performing a service for the HA, on a part-time basis, that enhances the quality of life in public housing. This may include, but is not limited to fire patrol, hall monitoring, lawn maintenance and resident initiatives coordination. No resident may receive more than one such stipend during the same period of time; or (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with the local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. i. Temporary, nonrecurring or sporadic income (including gifts); j, Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; Earnings in excess of $480 for each full-time student 18 years or older (excluding the head of household and spouse); 1. Adoption assistance payments in excess of $480.00 per adopted child; 77 p, Section 8 Administrative Plan Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump-sum amount or in prospective monthly amounts; Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit; Amounts paid by a State Agency to a family with a developmentally disabled family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the 1937 Act. The following is a list of incomes that qualify for that exclusion: (i) The value of the allotment provided to an eligible household under Food Stamp Act of 1977; (ii) Payments to volunteers under the Domestic Volunteer Service Act of 1973 (employment through VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); (iii) Payments received under Alaska Native Claims Settlement Act; (iv) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (v) Payments or allowances made under department of Health and Human Services' Low-Income Energy Assistance Program; (vi) Payments received under programs funded in whole or in part under the Job Training Partnership Act; (vii) Income derived from the disposition of funds of Grant River Band of Ottawa Indians; (viii) The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Cormnission or the Grant of Claims or from funds held in trust for an Indian tribe by the Secretary of Interior; (ix) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the BIA student assistance programs. These are made available to cover the cost of tuition, fees, books, equipment, materials, supplies, transportation and miscellaneous personal expenses of a student or an educational institution; (x) Payments received from programs funded under Title V of the Older Americans Act of 1965; (xi) Payments received after January 1, 1989 from the Agent Orange Settlement Fund or any other 'fund established pursuant to the settlement 78 Section 8 Administrative Plan in the In Re Agent Orange product liability litigation, MDL No. 381 (E.D.N.Y.); (xii) Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L. 96-426, 94 Star. 1785). (xiii) The value of any childcare provided or reimbursed for under the Child Care and Development Block Grant Act of 1990. (xiv) Earned income tax credit. If it is not feasible to anticipate a level of income over a 12-month period, the income anticipated for shorter periods may be annualized, subject to redetermination at the end of the shorter period. Any family receiving the reparation payments referred to in paragraph 2j of this section that has been requested to repay assistance under this chapter as a result of receipt of such payments shall not be required to make further repayments on or after April 23, 1993. APPLICANT (applicant family) A family that has applied for admission to a program, but is not yet a participant in the program. AREA OF OPERATION The recognized Metropolitan Statistical Area (MSA) of Iowa City which shall not conflict with any other area of jurisdiction. This encompasses Johnson County and partial surrounding counties. ASSETS The values of (or equity) in the real property, stocks, bonds, savings accounts or certificates, stocks or merchandise or valuables and other forms of capital investments. (Does not include personal and household belongings and automobiles.) Assets shall include any asset disposed of at less than fair market value within the last two years. CERT~ICATE A document issued by an HA to a family selected for admission to the rental certificate program. The certificate describes the program, and the procedures for HA approval of a unit selected by the family. The certificate also states the obligations of the family under the program. CHILD A member of the family, other than the family head or spouse, who is under 18 years of age. CHILD CARE EXPENSES Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period of which annual income is computed, but only where such care is necessary to enable a family member to be gainfully employed or to further his/her education. A child care deduction wilt not be allowed if an adult family member is capable and available to provide the 79 Section 8 Administrative Plan child care. The amount deducted shall reflect reasonable charges for child care, and, in the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of income received from such employment and only to the extent such amounts are not reimbursed. CITIZEN A citizen (by birth or naturalization) or national of the United States CONTIGUOUS MSA In portability, an MSA that shares a common boundary with the MSA in which the jurisdiction of the initial HA is located. CONTINUOUSLY ASSISTED An applicant is continuously assisted under the 1937 Housing Act if the family is already receiving assistance under any 1937 Housing Act Program when the family is admitted to the certificate or voucher program. CONTRACTRENT The total amount of rent specified in the Housing Assistance Payments Contract as payable by the HA and the tenant to the owner for an assisted unit. In the case of the rental of only a manufactured home space, Contract Rent is the total rent specified in the HAP Contract as payable by the HA and the tenant to the owner for the rental of the space, including fees or charges for management and maintenance services with respect to the space, but excluding utility charges for the manufactured home. DECENT, SAFE AND SANITARY HOUSING Housing that meets the Housing Quality Standards contained in the federal regulations. DEPENDENT A member of the family household (excluding foster children, head of household, or spouse) who is under 18 years of age or is a disabled person or handicapped person or is a full-time student. DISABILITY Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or Blind and unable by reason for such blindness, to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. DISABLED PERSON A person who is under a disability as defined in Section 223 of the Social Security Act (42 U.S.C. 423), or who has a developmental disability as defined in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7)) which defines a developmental disability as: 8O Section 8 Administrative Plan "severe chronic disability that (a) is attributable to a mental or physical impairment or combination of mental and physical impairments; (b) is manifested before the person attains age twenty-two; (c) is likely to continue indefinitely; (d) results in substantial functional limitations in three or more of the following areas of major life activity: (1) self-care, (2) receptive and responsive language, (3) leaming, (4) mobility, (5) self-direction, (6) capacity for independent living, and (7) economic self-sufficiency; and (e) reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong extended duration and are individually planned and coordinated." DOMICILE The legal residence of the household head or spouse as determined in accordance with State and local law. DRUG-RELATED CRIMINAL ACTIVITY Term means: 1. Drug-trafficking; or 2 Illegal use, or possession' for personal use, of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802.)) DRUG-TRAFFICKING The illegal manufacture, sale or distribution, or the possession with intent to manufacture, sell or distribute, of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ELDERLY FAMILY A family whose head or spouse/co-head or whose sole member is an elderly, disabled or handicapped person. It may include two or more elderly, disabled, or handicapped persons living together, or one or more of these persons living with one or more live-in aides. ELDERLY PERSON A person who is at least sixty-two (62) years of age. EVIDENCE OF CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS The documents which must be submitted to prove citizenship or eligible immigration status. EXCESS MEDICAL EXPENSES Any medical expenses incurred by elderly families in excess of 3% of annual income which are not reimbursable from any other source. FAIR MARKET RENT The rent, including utilities (except telephone), ranges, refrigerators, and all maintenance, management, and other services, which as determined at least annually by HUD, would be required to be paid in order to obtain privately owned, existing decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Separate Fair Market Rents shall be established for dwelling units of varying sizes (number of bedrooms). 81 Section 8 Adntinistrative Plan FAIR MARKET RENT (MOBILE HOMES) The rent which, as determined at least annually by HUD, would be required td be paid in order to obtain privately owned, decent, safe, and sanitary mobile home spaces of modest nature. This rent includes certain maintenance and management services. Rents for double-wide spaces will be permitted for assisted families of 5 or more persons so long as mobile home meets the minimum occupancy standards for families in accordance with federal regulations. FAMILY Family Comvosition: (meet one of the following) (D (2) (3) (4) (5) (6) (7) A "family" may be a single person (as defined in #7 below). A "family" includes a family with a child or children. A group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aids in a family. Persons who are registered as domestic partners and who are eligible to obtain a certified statement of domestic partnership from the City Clerk, City of Iowa City. Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency. A child who is temporarily away from the home because of placement in foster care is considered a member of the family. A single person family shall be: (i) An elderly person. (ii) A disabled person 18 years or older who is, at the date of eligibility, not declared as a dependent by a parent or guardian. FAMILY SELF-SUFFICIENCY (FSS Program) The program established by an HA to promote self-sufficiency of assisted families, the provision of supportive services (42 U.S.C. 1437u). FAMILY UN1T SIZE The appropriate number of bedrooms for a family. Family unit size is determined by the HA under the HA subsidy standards. FULL-TIME STUDENT A person who is carrying a subject load that is considered full time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree. GROSS RENT The total monthly cost of housing an eligible family, which is the sum of the Contract Rent and any utility allowance for the assisted unit. In the case of rental of only manufactured home space, gross rent also includes the family's monthly payment to amortize the purchase price of the manufactured home. 82 Section 8 Adtninistrative Plan HEAD OF HOUSEHOLD The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOMELESS FAMILY A person living in a privately operated shelter designed to provide temporary living accommodations (e.g. welfare hotels, congregate shelters, and transitional housing); A person living on the street, in a car, tent, or other structure not suitable for habitation; or, A person in a precarious, short-term living arrangement with another person, without which she/he would be living in one of the two above conditions. HOUSING AGENCY (HA) A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low- income housing. HOUSING ASSISTANCE PAYMENT (HAP) The monthly assistance payment by an HA. The total assistance payment consists of: 1. A payment to the owner for rent to owner under the family's lease. 2. ' An additional payment to the family if the total assistance payment exceeds the rent to owner. In the certificate program, the additional payment is called a "utility reimbursement". HOUSING 0UAL1TY STANDARDS (HOS) The HUD minimum quality standards for housing assisted under the tenant-based program. INITIAL CONTRACT RENT In the certificate program, the contract rent at the beginning of the initial lease term. INITIAL HA In portability, the term refers to both: 1. A HA that originally selected a family that subsequently decides to move out of the jurisdiction of the selecting HA. 2. A HA that absorbed a family that subsequently decides to move out of the jurisdiction of the absorbing HA. INITIAL LEASE TERM The initial term of the assisted lease. The initial lease term must be for at least one year. 83 Section 8 Administrative Plan INS The U.S. Immigration & Naturalization Service. JURISDICTION The area in which the HA has authority under State and local law to administer the program. LEASE A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP Contract between the owner and the HA. In cooperative housing, a written agreement between a cooperative and a member of the cooperative. The agreement establishes the conditions for occupancy of the member's cooperative dwelling unit by the member's family with housing assistance payments to the cooperative under a HAP contract between the cooperative and the HA. LIVE-IN AIDE A person residing with an elderly, handicapped, disabled person or persons solely for the purpose of providing medical care. The need for such care must be medically verified. Live-in aides are not counted as family members and their income is not included in the calculation of family income. The name of a live-in aide will not be listed on the lease, calculation sheet, or 50058. The notation "live-in aide" will be made on the calculation sheet for bedroom size determination purposes only. The name of a live-in aide shall be noted on comment sheet. Tenant must request and receive approval for each and any live-in aide. LOCAL PREFERENCE A preference used by the HA to select among applicant families. · LOW-INCOME FAMILY A family whose Annual Income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. LUMP-SUM BENEFIT A payment of monthly benefits for a previous period which may be included as income (except such lump sums of Social Security shall not be counted as income). Only that portion of the payment attributable to the time the tenant resided continuously under the Section 8 Program may be counted as income. MEDICAL EXPENSES For purposes of income determination for elderly persons or families, medical expense in excess of 3% of total family income, where these expenses are not compensated for, or are covered by insurance. Medical expenses include such items as medical insurance premiums, dental expenses, prescription and nonprescription medicines, etc. 84 Section 8 Administrative Plan MINOR A person less than eighteen years of age (Head of household, spouse, or an unborn child may not be counted as a minor.) MIXED FAMILY A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. NATIONAL A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. NET FAMILY ASSETS Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment excluding interests in Indian trust land and the equity in a housing cooperative unit or in a manufactured home in which the family resides. NONCITIZEN A person who is neither a citizen or national of the United States. OWNER Any person or entity with the legal right to lease or sublease a unit to a participant. PARTICIPANT (participant family) A family that has been admitted to the HA program, and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the HA for the family (first day of initial lease term). PAYMENT STANDARD In the voucher program, an amount used by the HA to calculate the housing assistance payment for a family. Each payment standard amount is based on the fair market rent and must between 90 and 110% of the currently published FMR. The HA adopts a payment standard for each bedroom size and for each fair market rent area in the HA jurisdiction. The payment standard for a family is the maximum monthly subsidy payment. PORTABILITY Renting a dwelling unit with Section 8 tenant-based assistance outside the jurisdiction of the initial HA. PREMISES The building or complex in which the dwelling unit is located, including conanon areas and grounds. 85 Section 8 Administrative Plan REASONABLE RENT A rent to owner that is not more than either: 1. Rent charged for comparable units in the private unassisted market; or Rent charged by the owner for a comparable assisted or unassisted unit in the building or premises. RECEWING HA In portability, an HA that received a family selected for participation in the tenant-based program of another HA. The receiving HA issues a certificate or voucher, and provides program assistance to the family. REMAINING FAMILY MEMBERS The sole remaining family member after a reduction in family size shall be permitted to remain in housing if over the age of 18 and able to live independently. RENT REASONABLENESS LIMITATION The HA is required to certify for each Section 8 Existing unit assisted that the Contract Rent is reasonable in relation to comparable units on the private unassisted market and not in excess of rents currently being charged for comparable unassisted units owned by the same landlord. RENT TO OWNER The monthly rent payable to the owner under the lease. Rent to owner includes payment for any services, maintenance and utilities to be provided by the owner in accordance with the lease. RESIDENT OF AREA A family living in the HA's jurisdiction, working in the HA's jurisdiction or notified that they are hired to work in the HA's jurisdiction. The length of time the family has lived or worked in the jurisdiction may not be considered. RESPONSIBLE ENTITY The person or entity responsible for administering the restrictions on providing assistance to noncitizens with ineligible immigration status. SECURITY DEPOSIT An amount deposited by the tenant, with the owner, which is not in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. SPECIAL ADMISSION Admission of an applicant that is not on the HA waiting list, or without considering the applicants waiting list position. 86 Section 8 Administrative Plan SPOUSE Spouse refers to the marriage partner, either a husband or wife, who is someone you need to divorce in order to dissolve the relationship. It includes the partner in a common law marriage. It does not cover boyfriends, girlfriends, significant others, or "co-heads". SUBSIDY STANDARDS Standards established by an HA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions. See definition of "family unit size". SUSPENSION Stopping the clock on the term of a family's certificate of voucher, for such period as determined by the HA, from the time when the family submits a Request for Lease Approval to the HA, until the time when the HA approves or denies the request. TENANT The person or persons (other than a live-in aide) who execute the lease as lessee of the dwelling unit. TENANT RENT In the certificate program, total tenant payment minus and utility allowance. TOTAL TENANT PAYMENT The total amount the HUD rent formula requires the tenant to pay toward rent and utilities. UTILITY ALLOWANCE The HA's estimate of the average monthly utilities (except telephone) for an energy-conscious household. If all utilities are included in the rent, there is no utility allowance. Utility allowances vary by unit type and bedroom size. UTILITY REIMBURSEMENT In the certificate program, the amount, if any, by which any utility allowance for family-paid utilities or other housing services exceeds the total tenant payment. VERY-LOW INCOME FAMILY A Low-Income family whose Annual Income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. VICTIM WITNESS 1. A family who has: a. Critical knowledge of a felonious crime. b. The i~rotection and sanction of the local authority. 87 Section 8 Administrative Plan Has been determined eligible for relocation costs and other benefits provided by the local authority. VIOLENT CRIMINAL ACTWITY Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another. VOUCHER (rental voucher) A document issued by an HA to a family selected for admission to the voucher program. The voucher describes the program, and the procedures for HA approval of a unit selected by the family. The voucher also states the obligations of the family under the program. HisasstMnahro~admin3.doc 88 Section 8 Administrative Plan SECTION 8 ADMINISTRATIVE PLAN INCOME LIMITS APPENDIX 2 # IN FAMILY 1 LOWER INCOME (80% of median) 30,000 VERY LOW INCOME (50% of median) 18,750 34,300 21,450 38,600 24,100 4 42,900 26,800 5 46,300 28,950 6 49,750 31,100 7 53,150 33,250 8 56,600 35,400 (effective 1-7-98) 89 Section 8 Administrative Plan APPENDIX 3 SECTION 8 ADMINISTRATIVE PLAN INFORMAL HEARING PROCEDURES (for participants) Applicability A. When an informal hearing is required: An HA must give a participant family an opportunity for an informal hearing to consider whether the following HA decisions relating to the individual circumstances of a participant family are in accordance with the law, HUD regulations and HA policies. (i) A determination of the family's annual or adjusted income, and the use of such income to compute the housing assistance payment. (ii) A determination of the appropriate utility allowance (if any) for tenant- paid utilities from the HA utility allowance schedule. (iii) A determination of the family unit size under the HA subsidy standards. (iv) A determination that a certificate program family is residing in a unit with a larger number of bedrooms than appropriate for the family unit size under the HA subsidy standards, or the HA determination to deny the family's request for an exception from the standards. (V) A determination to terminate assistance for a participant family because of the family's action or failure to act (see §982.552). (vi) A determination to terminate assistance because the participant family has been absent from the assisted unit for longer than the maximum period permitted under HA policy and HUD rules. , In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the HA must give the opportunity for an informal hearing before the HA terminates housing assistance payments for the family under an outstanding HAP contract. B. When an informal hearing is not required: The HA is not required to provide a participant family an opportunity for an informal hearing for any of the following: 1. Discretionary administrative determinations by the HA. 2. General policy issues or class grievances. Establishment of the HA schedule of utility allowances for families in the program. 9O Section 8 Administrative Plan An HA determination not to approve an extension or suspension of a certificate or voucher term. 5. An HA determination not to approve a unit or lease. An HA determination that an assisted unit is not in compliance with HQS. (However, the HA must provide the opportunity for an informal hearing for a decision to terminate assistance for a breach of the HQS caused by the family as described in §982.55 l(c).) , An HA determination that the unit is not in accordance with HQS because of the family size. A determination by the HA to exercise or not to exercise any right or remedy against the owner under a HAP contract. C. Notice to family: In the cases described in paragraphs (a)( 1 ), (ii) and (iii) of this section, the HA must notify the family that the family may ask for an explanation of the basis of the HA determination, and that if the family does not agree with the determination, the family may request an informal hearing on the decision. , In the cases described in paragraphs (a)(1) (iv), (v) and (vi) of this section, the HA must give the family prompt written notice that the family may request a hearing. The notice must: (i) (ii) (iii) Contain a brief statement of reasons for the decision. State that if the family does not agree with the decision, the family may request an informal hearing on the decision, and State the deadline for the family to request an informal hearing. D. Expeditious hearing process: Where a hearing for a participant family is required under this section, the HA must proceed with the hearing in a reasonably expeditious manner upon the request of the family. II. Procedures A. Discovery: By family. The family must be given the opportunity to examine before the HA hearing any HA documents that are directly relevant to the hearing. The family must be allowed to copy any such document at the family's expense. If the HA does not make the document available for examination on request of the family, the HA may not rely on the document at the hearing. By HA. The HA hearing procedures may provide that the HA must be given the opportunity to examine at HA offices before the HA hearing any family documents that are directly relevant to the hearing. The HA must be allowed to copy any such document at the HA's expense. If the family does not make the 91 B, D, Section 8 Administrative Plan document available for examination on request of the HA, the family may not rely on the document at the hearing. 3. Documents. The term "documents" includes records and regulations. Representation of family: At its own expense, the family may be' represented by a lawyer or other representative. Hearing officer: Appointment and authority. 1. The hearing may be conducted by any person or persons designated by the HA, other than a person who made or approved the decision under review or a subordinate of this person. 2. The person who conducts the hearing may regulate the conduct of the hearing in accordance with the HA hearing procedures. Evidence: The HA and the family must be given the opportunity to present evidence, and may question any witnesses. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. Issuance of decision: The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family shall be based on a preponderance of the evidence presented at the hearing. A copy of the hearing decision shall be furnished promptly to the family. Effect of decision: The HA is not bound by a hearing decision: 1. Concerning a matter for which the HA is not required to provide an opportunity for an informal hearing under this section, or that otherwise exceeds the authority of the person conducting the hearing under the HA hearing procedures. 2. Contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law. 3. If the HA determines that it is not bound by a hearing decision, the HA must promptly notify the family of the determination, and of the reasons for the determination. 92 Section 8 Administrative Plan SECTION 8 ADMINISTRATIVE PLAN INFORMAL REVIEW PROCEDURES (for applicants) APPENDIX 4 Applicability The Housing Authority will provide an opportunity for an informal review regarding a decision denying assistance to an applicant, including a decision: 1. Denying placement on the waiting list. 2. Denying participation in the Section 8 Program. B. The Housing Authority is not required to provide an opportunity for informal review: To review discretionary administrative determinations by the Housing Authority, or to consider general policy issues or class grievances. To review the Housing Authority's determination of the number of bedrooms determined under the standard established by the Housing Authority in accordance with HUD regulations. To review the Housing Authority's determination that a unit located by a Certificate/Voucher holder does not comply with. the Housing Authority's Housing Quality Standards established in accordance with appropriate HUD regulations, or the Housing Authority's determination not to approve a lease for the unit. To review the Housing Authority's decision not to approve a request by a Certificate/Voucher holder for an extension of the term of the Certificate/Voucher. Applicants are entitled to an informal hearing in cases where they are denied assistance for reasons based upon eligible immigration status. The rules in Appendix 3 apply in such cases. II. Procedures The Housing Authority shall give an applicant prompt written notice of a decision denying assistance to the applicant, including a decision denying placement on the official waiting list, issuance of Certificate of Family Participation, or voucher. The notice shall also state that the applicant may request an informal review of the decision, and shall describe how to obtain the informal review. The applicant must submit a written request for an informal review within ten days of notification of the decision denying assistance. 93 F, Section 8 Administrative Plan If the request does not meet the criteria to be eligible for informal review, the applicant will be promptly notified in writing. If the request does meet the criteria to be eligible for informal review, an informal review will be scheduled within ten days of the request. The informal review shall be conducted by any person or persons designated by the Housing Director other than a person who made or approved the decision under review or a subordinate of such person. The applicant shall be given an opportunity to present written or oral objections to the Housing Authority's decision. The Housing Authority shall promptly notify the applicant in writing of the final decision after the informal review, including a brief statement of the reasons for the final decision. 94 12-01-98 16 Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240, 319-356-5141 RESOLUTION NO. 98-382 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK ATTEST AMENDMENT NO. 5 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT AND COLLECTION FACILITIES. WHEREAS, on the 26~h day of October', 1993, the City of Iowa City, Iowa and Stanley consultants, Inc. entered into an agreement for consulting services for improvements to the wastewater treatment and collection facilities; and WHEREAS, the collection facility improvements are near completion; and WHEREAS, the City now desires to add additional improvements to the wastewater treatment facilities at the south wastewater treatment plant to expand treatment capacity and to phase out selected north plant treatment components; and WHEREAS, City staff has negotiated Amendment No. 5 to the October 26, 1993 agreement with Stanley Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into Amendment No. 5 to the agreement with Stanley Consultants, Inc. to design the additional wastewater treatment facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Amendment No. 5 to the Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 1st, ATTEST:Ci~LE-~~K/~' day of December ,1998. City Attorney's Office pweng/reszstanley2.doc Resolution No.98-382 Page 2 It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X Norton ABSENT: the Resolution be Champion X Kubby Lehman Norton O'Donnell Thornberry X Vanderhoef AMENDMENT NO. 5 CONSULTANT AGREEMENT CITY OF IOWA CITY, IOWA STANLEY CONSULTANTS, INC. WHEREAS, on the 26th day of October, 1993, the City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT) entered into an Agreement for consulting services for improvements to the wastewater treatment and collection facilities, and WHEREAS, the Parties desire to amend said Agreement, THEREFORE, the Parties agree as follows: Part 1 - SCOPE OF SER VICES, subheading B, FINAL DESIGN PHASE, is amended to add Item 13 as follows: 13. Update previously completed final drawings and specifications for Contract 3 - South Plant Improvements. Design new, additional project components, and include in Contract 3. Updated drawings and specifications and new component design are described as follows: a, Update previously completed Contract 3 final drawings and specifications for required changes of vendor names, model numbers, code changes, and other time sensitive items. Design and prepare additional or revised final drawings and specifications for following new, additional project components to be incorporated into Contract 3: 1) New Laboratory/Administration Building and Maintenance/Vehicle Storage Building as recommended in Stanley Consultants' Preliminary Design Report dated September 1998. 2) New anaerobic digesters in accordance with Alternative 4b in Stanley Consultants' letter report dated November 1998. .3) North Plant monitoring and control modifications in accordance with Stanley Consultants' North Plant Automation letter report dated November 1998. Prepare revised Contract 3 permit application forms and submit to Iowa DNR. Print additional drawings and specifications required by new project components for permitting, bidding and CITY use. Part II- TIME OF COMPLETION is amended to add fifth paragraph as follows: clm:kc:iea33:ic-amend5.wpd Page I Final design services for updated and new component design for Contract 3 - South Plant Improvements shall be completed in draft fonn by approximately June 1, 1999, and in final form by approximately July 15, 1999. Bidding phase services for Contract 3 shall be completed by approximately January 1, 2000. Part IV- COMPENSATION FOR SERVICES, subheading B, Methods and Amount, Item 1. is amended to add the following.' Phase Description Lump Sum Fee Updated and new component final design services for Contract 3 $ 653,100 Escalation and new component additional bidding services for Contract 3 (In addition to Bidding Phase Lump Sum Fee included in Amendment No. 3) $ 7,900 Part IV- COMPENSATION FOR SERVICES, subheading C, Payments, is amended to add Items 6 and 7 as follows: CONSULTANT shall submit monthly statements for updated and new component final design services for Contract 3 in accordance with payment schedule tabulated below. The payment schedule is based on estimated percent of completion of CONSULTANT' S specified services for the time specified. CITY shall review and approve, or negotiate with CONSULTANT, the actual percent complete based on actual work accomplished each month. CITY shall make prompt payments. Cumulative % of Contract 3 Final Design Phase Task Descriptions Lump Sum Fee First Month 10 Second Month 25 Third Month 40 Fourth Month 55 Fifth Month 70 Sixth Month 80 Draft Drawing and Specification Submittal 90 Final Drawing and Specification Submittal 100 CONSULTANT shall submit statements for escalation and new component additional Bidding Phase services for Contract 3 in accordance with payment schedule tabulated below. Bid Opening 75% Contract Award 25% Payment schedule for original basic Contract 3 Bidding Phase shall remain as stated in Amendment No. 3. clm:kc:iea33:ic'amendS.wlxI Page 2 The above Amendment is for the purpose of authorizing the CONSULTANT to proceed with additional services to update previously completed Contract 3 - South Plant Improvements and to design new project components for inclusion in Contract 3, and to set the means of compensation therefor. All other terms and conditions of the original contract remain in force and effect, except as amended hereto by these additions. FOy.~f.///,t/'/~L FOR THE CONSULTANT B B y: /ff/~/' Herbert R. Ohrt Title: blayor Title: Vice President Date: December 1, 1998 Attest: ~~ ~'/. City Attomey's Office Date: December 7, 1998 ~..,,,~ ~~,~ charles L. vice President Date: December 7, 1998 clm:kc:iea33:ic'amendS'wlxl Page 3