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Home My WebLink About1999-05-04 Resolution)4d(1) Prepared by: Jim Schoenfelder, Architect, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE-OF COST FOR CONSTRUCTION OF THE POLICE WAITING AREA RENOVATIONS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of May, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation,in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this day of ,1999. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR and seconded by AYES: NAYS: ABSENT: City Attorne~'s Ol~~ce {//'2-~' - the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-132 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF CONCESSION/RESTROOM BUILDINGS AT THE IOWA CITY KICKERS SOCCER PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of May, 1999, at. 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day of ATTEST: Ci/~CL~,~,~ ) ~. L Approved by ity ttorney's ice It was moved by Norton upon roll call there were: AYES: X X X X X X parksrecVes~kickers.doc NAYS: and seconded'by 0'Donne]] ABSENT: __Champion __Kubby Lehman No~on O' Donnell Thornberry Vanderhoef the Resolution be adopted, and Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, I~ 52240 (319)356-5052 RESOLUTION NO. 99-133 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY99 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in the Civic Center at 7:00 p.m., May 18, 1999· to permit any citizen to be heard for or against the proposed amendment to the FY99 Operating Budget. The City Clerk is hereby directed to give notice of pul~lic hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (1 O) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 4th day of May · 1999. MAYOR Approved by City Attorney's Office ' 5'-'2 "' ~ (/ It was moved by Norton and seconded by 0'Donne]] adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef finadm\res\operbdg .doc 05-O4-99 4e(1) Prepared by Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 99-134 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SCO'I'I'- SIX INDUSTRIAL PARK AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Scott - Six Industrial Park Mount, as constructed by Maxwell Construction of Iowa City, Iowa. Paving improvements for Scott - Six Industrial Pa'rk as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 4th day of Nay ,1999. It was moved by Nor'ton adopted, and upon roll call there were: and seconded by O' Donne'l ] the Resolution be pweng/res~scott6ip.doc AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ENGTNEER'S REPORT April 22, 1999 Honorable Mayor and City Council Iowa City, Iowa RE: Scott - 6 :industrial Park Dear Honorable Mayor and Councilpersons: :i hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Scott - 6 Industrial Park has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA ('I1'Y, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009 05-04-99 4e(2) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-135 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'!'!'EST THE RELEASE OF LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 718 NORTH GILBERT STREET, IOWA CITY, IOWA WHEREAS, on October 21, 1988, the property owners of 718 North Gilbert Street, executed a Rental Rehabilitation Lien for the amount of $8,000 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the terms were satisfied on April 21, 1999; 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: 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 718 North Gilbert Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded October 27, 1988 in Book 1033, Page 24 through Page 26 of the Johnson County Recorder's Office. Passed and approved this 4th day of Nay ~~: ~~,,,-_~ ,~. CITY CLERK ,19 99 AYOR Approved by City Attorney's Office ppdrehabVes\718ngilb.doc Resolution No. 99-135 Page 2 It was moved by Not'ton and seconded by adopted, and upon roll call there were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT:" Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA ~:~240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 718 North Gilbert Street, Iowa City, Iowa, and legally described as follows: The South fifty (50) feet of Lot four (4) in Block fifty-two (52), in Iowa City, Iowa, according to the recorded plat thereof, subject to a right of way over the East end thereof for sewer. "Subject to easements of record, if any.", from an obligation of the property owners, Howard and Gretchen Rogovin, to the City of Iowa City in the total amount of $8,000 represented by a Rental Rehabilitation Lien recorded October 27, 1988 in Book 1033, Page 24 through Page 26 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any lien or clouds upon title to the above property by reason of said prior recorded documents. AYOR Approved by City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in a sai nty, in said State, personally appeared Ernest W. Lehman and Madan 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 ~.f its City Council, as contained in Resolution No. ¢? -/3~ adopted by the City Council on the -/~ day , 19 q ~ and that the said Ernest W. Lehman and Madan K. Karr as c rs acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab/718ngtlb.doc 05-04-99 4e(3) Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-136 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A WATER MAIN, SANITARY SEWER AND BLANKET UTILITY EASEMENT LOCATED WITHIN THE VACATED PORTION OF SECOND AVENUE COURT, IOWA CITY, IOWA WHEREAS, during the vacation and redevelopment of Second Avenue Court, Iowa City, Iowa, the City temporarily retained a water main, sanitary sewer, and blanket utility easement over the vacated podion of Second Avenue Court to facilitate the redevelopment of the subject site; and WHEREAS, the area has now been redeveloped to the extent that it is clear that the easement will not be used for the location of water main, sanitary sewer or other utilities within the vacated portion of Second Avenue Court; and WHEREAS, as contemplated, the developer has requested the release of the easement to remove the encumbrance and cloud on title created by said easement, and the release of the easement is consistent with the City's intention to retain the same only during redevelopment of the site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing water main, sanitary sewer and blanket utility easement over and across the vacated portion of Second Avenue Court, legally described and designated as follows: Second Avenue Court, located within Block 6, East Iowa City, Iowa City, Iowa, as recorded in Book 1, at Page 92 in the Office of the Johnson County Recorded, containing 0.14 acres (6,400 square feet) and subject to easements and restrictions of record. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the water main, sanitary sewer and blanket utility easement agreement over the above-described property, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached release, said recording costs to be paid by David K. Darr Family Limited Partnership II. Resol uti on No. Page 2 99-136 It was moved by Norton and seconded by 0' Donnel 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT:" X X X X X X X Passed and approved this 4th day of Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef May ,1999. M~YOR Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 WATER MAIN, SANITARY SEWER AND BLANKET UTILITY EASEMENT RELEASE The City of Iowa City, Iowa, does Iiereby release the properly legally described as follows: Second Avenue Court, located within Block 6, East Iowa City, Iowa City, Iowa, as recorded in Book 1, at Page 92 in the Office of the Johnson County Recorded, containing 0.14 acres (6,400 square feet) and subject to easements and restrictions of record. from the encumbrance and obligations created by the Water Main, Sanitary Sewer and Blanket Utility Easement Agreement between the City of Iowa City and the David K. Darr Family Limited Partnership II as recorded in Book 2559, Page 67, of the Johnson County Recorder's Office, from a lien or cloud upon the title placed thereon by the easements granted to the City of Iowa City, Iowa through that instrument. The City of Iowa City, Iowa hereby releases said easements as specifically designated and described in the foregoing instrument from any and all interest the City of Iowa City may have in said property by operation of the foregoing instrument. The City retains all other easements of record not specifically released by this document. Ernest W. Lehman, Mayor STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5_/day of May, 1999 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary ublic in and for the State of Iowa Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, I/{, 319-356-5030 RESOLUTION NO. 99-137 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THECITY CLERK TO ATTEST A SIDEWALK FEE AGREEMENT FOR SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. WHEREAS, on December 19th 1997, Developer and City entered into a "Subdividers Agreement" relating to the development of the subject property under a final subdivision plat, paragraph 7 Section 1 .C. of which required that the subdivider shall construct a sidewalk at least four feet (4') in width along the Scott Boulevard frontage of Outlot A at the time of paving Liberty Drive and Freedom Court; and WHEREAS, said "Subdividers Agreement" is recorded in the Office of the Johnson County Recorder at Book 2391, Page 193, and is a covenant running with the land and is binding upon all successors in interest and assigns to said property; and WHEREAS, subsequent to the execution of said "Subdivider's Agreement", the City determined that the impending reconstruction of the U.S. Highway 6/Scott Boulevard intersection would materially affect the location of the sidewalk along the Scott Boulevard frontage of Outlot A and that construction of this sidewalk at this time is premature given the impending intersection reconstruction; and WHEREAS, it is in the parties' respective best interests to amend the terms of the original Subdivider's agreement to allow the Subdivider to pay City the reasonable cost of said sidewalk installation, with City to use said funds to install said sidewalk upon reconstruction of the U.S. Highway 6/Scott Boulevard intersection; and WHEREAS, such an amendment will allow forthe release of the Subdivider's obligations under the Subdivider's agreement, as appropriate, which release will remove any lien and cloud to title upon the lots in the industrial park created by the obligation to install said sidewalk along the Scott Boulevard frontage of Outlot A; and WHEREAS, the City Council deems it in the public interest to enter into such an ag. reement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Sidewalk Fee Agreement for Scott-Six Industrial Park between Streb Investment Partnership, L.C., and the City, upon direction by the City Attorney. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Sidewalk Fee Agreement for Scott-Six Industrial Park at the expense of Streb Investment Partnership, L.C. Resolution No. 99-137 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: O'Donnell 'the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 4th day of May , 1999. Prepared by: Sarah E. Holecek, First Assistant City Attomey, 410 E. Washington St., Iowa City, Iowa 52240 SCOTT-SIX INDUSTRIAL PARK SIDEWALK FEE AGREEMENT This Agreement is made by and between STREB INVESTMENT PARTNERSHIP, L.C., an Iowa Limited Liability Company, as successors in interest to A.F. Streb (also known as Alvin F. Streb) and Mary Joan Streb (also known as Mary Jo Streb), husband and wife, (collectively the "Developer and/or Subdivider") and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City." WHEREAS, on December 19th 1997, Developer and City entered into a "Subdividers Agreement" relating to the development of the subject property under a final subdivision plat, paragraph 7 Section 1 .C. of which required that the subdivider shall construct a sidewalk at least four feet (4') in width along the Scott Boulevard frontage of Outlot A at the time of paving Liberty Drive and Freedom Coud; and WHEREAS, said "Subdividers Agreement" is recorded in the Office of the Johnson County Recorder at Book 2391, Page 193, and is a covenant running with the land and is binding upon all successors in interest and assigns to said property; and WHEREAS, subsequent to the execution of said "Subdivider's Agreement", the City determined that the impending reconstruction of the U.S. Highway 6/Scott Boulevard intersection would materially affect the location of the sidewalk along the Scott Boulevard frontage of Outlot A and that construction of this sidewalk at this time is premature given the impending intersection reconstruction; and WHEREAS, it is in the parties' respective best interests to amend the terms of the original Subdivider's agreement to allow the Subdivider to pay City the reasonable cost of said sidewalk installation, with City to use said funds to install said sidewalk upon reconstruction of the U.S. Highway 6/Scott Boulevard intersection; and WHEREAS, such an amendment will allow for the release of the Subdivider's obligations under the Subdivider's agreement, as appropriate, which release will remove any lien and chSud to title upon the lots in the industrial park created by the obligation to install said sidewalk along the Scott Boulevard frontage of Outlot A. NOW, THEREFORE, IN CONSIDERATION OF THESE PREMISES AND OF THE MUTUAL PROMISES AND COVENANTS SET FORTH BELOW, THE PARTIES HERETO AGREE AS FOLLOWS: The parties hereby agree and acknowledge that the terms contained in this Agreement shall supersede the Subdivider's Agreement with regard to the Developer's obligation to construct a four-foot (4') sidewalk along the Scott Boulevard frontage of Outlot A at the time of paving Liberty Drive and Freedom Court within Scott-Six Industrial Park, Iowa City, Iowa, and that the following terms shall govern the same: a) The Developer, their successors, and/or assigns in interest, shall pay to the City, prior to City acceptance and the release 0f the Subdivider's obligations for the installation the public improvements within the subdivision, the sum of $2,988.60, representing the cost of constructing a four-foot (4') wide sidewalk along the 293' Scott Boulevard frontage of Outlot A as a cost of $2.55 per square foot, (293"x 4' x $2.55), which sum shall be used by City for the construction of a four-foot (4') sidewalk along the Scott Boulevard frontage of Outlot A in said subdivision. Upon payment of said fee, the City may issue, in recordable form, an acceptance and release of the Subdivider's obligations for the installation of public improvements within the subdivision, provided all other applicable requirements are met, and the City Manager or designee is hereby authorized to execute said release upon concurrence of the Director of Housing and Inspection Services and the City Attorney. This agreement shall supersede and be controlling over all prior agreements only as to the Developer's obligation to construct a four-foot (4') sidewalk along the Scott Boulevard frontage of Outlot A, and in lieu of said construction, Developer's payment to City of the sum noted above for City's subsequent construction of said sidewalk upon the reconstruction of the U.S. Highway 6/Scott Boulevard intersection, and all other requirements and terms of the above-referenced "Subdividers Agreement" shall remain in full force and effect. The provisions of this Agreement shall inure to the benefit of and bind the parties hereto as well as their successors in interest and assigns, and shall be construed as a covenant running with the land and with title to the various lots in the subdivision, which covenant shall be released upon acceptance and release of the public improvements as outlined in paragraph 1 (a) above. Dated this ':/ day of "'TH~-~.c3 ,1999. CITY OF IOWA CITY, IOWA City Clerk c,y: DEVELOPER AIvin F. Streb " Approved by: STATE Of IOWA ) ) SS: JOHNSON COUNTY ) On this ~Ada of 'd St'~at, ,1999, before me, the undersigned, a Notary Public in and for said ~ounty, Yin sai personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the Ernest W. Lehman and Madan K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Pu lic in and for the State of Iowa . STATE OF IOWA ) )SS: named in the within and foregoing instrumen al s~d instrument was signed by each of them individually; and that each of them d t execution f the foregoing instrument to , lu cuted. Not ~ Prepared by: Sarah E. Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240 SCOTT-SIX INDUSTRIAL PARK SIDEWALK FEE AGREEMENT This Agreement is made by and between STREB INVESTMENT PARTNERSHIP, L.C., an Iowa Limited Liability Company, as successors in interest to A.F. Streb (also known as Alvin F. Streb) and Mary Joan Streb (also known as Mary Jo Streb), husband and wife, (collectively the "Developer and/or Sub~ivider") and the City of Iowa City, Iowa, a municipal corporation, hereina~er referred to as%,::City." WHEREAS, on December 1 ~t'b 1997, Developer and City entered into ;Subdividers Agreement" in width along the Scott Boulevard frontage of Outlot A at the ti~e of paving Libe~y Drive and / Freedom CouP; and / / WHEREAS, said "Subdividers Agree~nt" is recorded in ~e Office of the Johnson County Recorder at Book 2391, Page 193, and iS, a covenant running with the land and is binding upon all successors in interest and assigns to 9aid prope~y; a~ WHEREAS, subsequent to the execution of ~'aid "Subdiy~der's Agreement", the City determined that the impending reconstruction of the Io~ State ~ighway 6/Scott Boulevard intersection would materially affect the location of the sidew~k al~g the Scott Boulevard frontage of Outlot A and that construction of this sidewalk at this tim~ premature given the impending intersection reconstruction; and WHEREAS, it is in the pa~ies' respective best ~hter ts to amend the terms of the original Subdivider's agreement to allow the Subdivider tZ pay C the reasonable cost of said sidewalk installation, with City to use said funds to instalk'said side alk upon reconstruction of the Iowa State Highway 6/Scott Boulevard intersection;.;and ' Scott Boulevard frontage of Outlot A. / / FOLLOWS: , shall supersede the i regard to the Developer's obligation to construct a four-foot (4') sidewalk along the Scott Boulevard frontage of Outlot A at the time of paving Libe~y Drive and Freedom Cou~ within Scott-Six Industrial Park, Iowa City, Iowa, and that the following terms shall govern the same: a) The Developer, their successors, and/or assigns in interest, shall pay to the City, prior to City acceptance and the release of the Subdivider's obligations for the installation the public improvements within the subdivision, the sum of $2,998.60, representing the cost of constructing a four-foot (4') wide sidewalk along the 293' Scott Boulevard frontage of Outlot A as a cost of $2.55 per square foot, (293' x 4' x $2.55), which sum shall be used by City for the construction of a four-foot (4') sidewalk along the Scott Boulevard frontage of Outlot A in said subdivision. Upon payment of said fee, the City may issue, in recordable form, an acceptance and release of the Subdivider's obligations for the installation of pu. blic i provements within the su.bdivision, provided al! other .applicable C S r Housing and In'~pection Services and the City Attorney. 2. This agreement shall supersede',,,and be controlling over all prior agreements only as to the Developer's obligation to cons).ruct a four-foot (4') sidewalk alon, g"the Scott Boulevard frontage of Outlot A, and in. li,eu of '~.aid construction, Developer''pay. ment to city of the requirements and terms of the above-~ferenced Subdi ' / Agreement" shall remain " wd~s in full force and effect. 3. The provisions of this Agreement shall inu to the bene~t of and bind the pa~ies hereto as well as their successors in interest and a igns, andshall be construed as a covenant running with the land and with title to the var us lots 'in the subdivision, which covenant shall be released upon acceptance and relea of the public improvements as outlined in paragraph 1 (a) above. Dated this __ _ day of , 99. CITY OF IOWA CITY IOWA DE By: By: Ernest W. Lehman, Mayor AMn F. Streb , By: By: Marian K. Karr, City Clerk ' Mary Joan Streb A .... b~ A by: ., / Y-fF' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this __ day of ,1999, before me, the undersigned, 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 be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said m icipal corporation by authority of City Council of said municipal corporation; and that the Erne W. Lehman and Marian K. Karr acknowledged that execution of said instrument to be the volu ,tary act and deed of said municipal corporation and by them voluntarily executed. No~ry Public in and for the State of Io~ · '/// STATE OF IOWA ~SS: ""' \ . JOHNSON COUNTY ) \,.~ On this __ day of , 1999, b~fore me, the undersigned, a Notary Public in and for said State, personally appeared Alvin F. S~eb and.Mary Joan Streb, husband and wife, to me p, ersona!ly .known, who .bei.ng by me duly s .or.n,.,'did say that th.ey are the individuals be their voluntary act and deed, by it and by them ,V'01 ntarily executed. Notary 7~bl'ic in he State of Iowa Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 99-138 RESOLUTION TO ADOPT AMENDED BY-LAWS FOR THE RIVERFRONT AND NATURAL AREAS COMMISSION. WHEREAS, the Riverfront and Natural Areas Commission was established in 1971 and by-laws were adopted in June 1997 by Resolution No. 97-194; and WHEREAS, said by-laws contained a provision for one representative from the Parks and Recreation Commission to serve on the Riverfront and Natural Areas Commission; and WHEREAS, the Parks and Recreation Commission has requested to eliminate their representation on the Riverfront and Natural Areas Commission; and WHEREAS, the Riverfront and Natural Areas Commission has agreed to remove the Parks and Recreation Commission representative from its by-laws; and WHEREAS, the City Council Rules Committee has recommended approval of the revised by-laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The amended by-laws for the Riverfront and Natural Areas Commission removes the Parks and Recreation Commission representation and revises the by-laws to change their membership to ten members. Passed and approved this 4th ATTEST:Ci~CL,~~RK//~2. It was moved by Norton adopted, and upon roll call there were: AYES: X X X X X X X jccogadnVres/prcmac.doc day of Ma ,19 99. proved d~b~'s O~ and seconded by 0'Donne'l '1 the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef BY-LAWS IOWA CITY RIVERFRONT AND NATURAL AREAS COMMISSION ARTICLE I MEETINGS Section 1. Regular Meetings. Regular meetings of this Commission shall be held once each month. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson at the request of members of the Commission and as needed to meet development deadlines. Section 3. Place of Meetings. All meetings shall be held in a City accessible facility. Section 4. Notice of Meeting. Notice and agenda for all regular meetings shall be distributed to all members of the Commission and the press. Special meetings may be called upon notice to Commission members and members of the media at least 24 hours before a special meeting is held. All provisions of the State Open Meetings Law shall be followed. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting and the majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II MEMBERSHIP Section 1. Membership. The Riverfront and Natural Areas Commission of the City of Iowa City, Iowa, shall consist of ten (10) members or Commissioners. Five (5) of the members or Commissioners must be eligible electors of the City of Iowa City, Iowa; three (3) must be an eligible elector of Johnson County, Iowa, excluding residents of Iowa City and Coralville, and shall be recommended to the Iowa City City Council by the Johnson County Board of Supervisors, one (I) member must be an eligible elector of the City of Coralville, Iowa, and shall be recommended to the Iowa City City Council by the City of Coralville City Council, and one (I) member shall be a representative of the University of Iowa. The Commission members shall be appointed in the following manner: all ten (10) members or Commissioners shall be appointed by the City Council of the City of Iowa City. All members of the Commission shall serve without compensation but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties. 2 Section 2. Section 3. Section 4. ARTICLE III OFFICERS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Terms. All terms shall be three years. All terms begin January 1. If a position/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee,. shall continue in the position not only through the unexpired term but also through the subsequent regular term. Absences. Three absences of a Commission membe'~ without notification within the period of one (1) calendar year may result in a recommendation to the Council from the Commission to discharge said member and appoint a new Commission member. Orientation for New Members. New members shall be provided with copies of the pertinent portions of the City Code, Riverfront and Natural Areas Commission By-Laws, and other documents that would be useful to Commission members in carrying out their duties. An orientation session will also be required within sixty (60) days following the member's appointment. Attendance at meetings prior to a member's official appointment is encouraged. The orientation session will take place at a City facility. Number. The officers of this Commission shall be a Chairperson and Vice Chairperson, each of whom shall be elected by members of the Commission. Election and Term of Office. The Officers of this Commission shall be elected for one year terms at the regular meeting in January. Vacancies. A vacancy in either office shall be filled by the members for the unexpired portion of the term. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general, perform all duties of a Chairperson and such other duties as may be pr.escribed by the members from time to time. Vice Chairperson. In the absence of the Chairperson or in the event of death, inability or refusal to act, the Vice Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Nominating Committee: A nominating committee of three (3) Commission Members shall be appointed by the Chair at the regular meeting in December. One nominee for Chair and one nominee for Vice Chair shall be recommended to the commission at the regular meeting in January. 3 ARTICLE IV CONDUCT OF COMMISSION AFFAIRS Section 1. Agenda. The Chairperson, or designated represen, t. ative, together with appropriate members of the City staff, shall prepare an agenda for all regular Commission meetings. Agendas are to be sent to Commission members and the media at least three days prior to the regular meeting. Section 2. Minutetaker. A minutetaker, not to be a Commission member, shall be provided for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Commission members in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes, and appropriately identified. Section 4. Policies and Programs. Periodically, the Commission shall review the policies and programs of the City relating to the river and riverfront, and to other natural waterways, and to woodlands and wetlands, and make such recommendations to the City Council as are deemed appropriate. Section 5. Referrals from Council. From time to time, letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission shall initiate consideration of such items at the next regular meeting following receipt and shall notify Council of its disposition. Section 6. Attendance at Council Meetings. The Commission Chairperson or designated representatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the domain of the Commission's responsibilities are to be discussed or action taken. The Commission Chairperson is to receive Council agendas prior to each Council meeting and is to be otherwise notified of meetings involving Commission business. 'Section 7. Annual Report. An annual report, detailing the activities of the Commission, shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. Section 8. Liaison with Planning and Zoning Commission. At such time as the Commission undertakes any business which is deemed pertinent to the activities of the Planning and Zoning Commission, the Planning and Zoning Commission shall be so notified, and may send a representative to the next meeting of the Riverfront and Natural Areas Commission to act as a liaison between the two Commissions. 4 ARTICLE V AMENDMENTS Section 1. By-laws may be amended by a majority"of all Members of the Commission at any regular or special meeting called for that purpose. All by-laws must be considered at two meetings of the Commission prior to submission to Council. Amendments must be approved by the City Council to become effective. ppdadmin\macbyl .doc Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 99-139 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 10.3 ACRES LOCATED EAST OF SCOTT'BOULEVARD AT WASHINGTON STREET. WHEREAS, the applicant, Plum Grove Acres, is owner and legal titleholder of approximately 10.3 acres of property located east of Scott Boulevard at Washington Street; and WHEREAS, applicant has requested annexation of the 10.3 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and §368.7 (1997), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: Commencing at the Southwest Corner of the Southwest Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence NOO"53'O2"W, along the West Line of Said Southwest QUarter, 2045.15 feet; Thence N89'O6'58"E, 300.00 feet, to the POINT OF BEGINNING; Thence continuing N89'O6'58"E, 469.70 feet; Thence S00'51'17"E, 110.00 feet; Thence S01"00'12"E, 280.00 feet; Thence S00'21'18"W, 530.00 feet; Thence N89'O6'58"E, 307.15 feet; Thence S00"39'55"E, 225.14 feet; Thence S89"14'45"W, 405.06 feet; Thence NOO'53'O2"W, 424.10 feet; Thence S89'06'58"W, 360.00 feet; Thence NOOw53'O2"W, 720.00 feet, to the Point of Beginning. Said Annexation Parcel contains 10.30 acres, more or less, and is subject tO easements and reStriCtiOnS Of record. 2. The City Clerk is hereby authorized and directed to certify, file, and record all n. ecessary documents as required by Iowa law under §368.7 (1997) at applicant's expense. Further, the City Clerk is authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the state treasurer, said population being 0. Passed and approved this 4th ATTEST: Ci~T,~2~LE~RK ~ ppdadnVres'scott&wash,doc MAYOR Resolution No. 99-139 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X Thornberr3z the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CHESTER J. CULVER SECRETARY OF STATE ~.~ Or ~0/v HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 20, 1999 Marian Karr City Clerk, Iowa City 410 East Washington St. Iowa City, IA 52240-1826 RE: City of Iowa City Resolution No. 99-139 - Voluntary Annexation Dear City Clerk: You are hereby notified that the resolution, plat map and other documents pertaining to this voluntary annexation of territory to the City of Iowa City have been reviewed by this office and comply with the requirements of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, Chester J. Culver Secretary of State Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF MILDER MEADOWS, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Gerald and Pauline Milder, filed with the City Clerk the preliminary and final plat of Milder Meadows, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate Johnson County, Iowa to wit: COMMENCING AT THE SOUTH ONE QUARTER CORNER OF SECTION 17, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°33'15"E, ALONG THE CENTER OF SECTION LINE OF SAID SECTION 17, A DISTANCE OF 239.15 FEET, TO THE CENTERLINE OF AMERICAN LEGION ROAD SE; THENCE N67°56'00"W, A RECORDED BEARING, 606.33 FEET ALONG THE SAID CENTERLINE OF AMERICAN LEGION ROAD SE, TO THE POINT OF BEGINNING; THENCE CONTINUING N67°56'00"W, ALONG SAID CENTERLINE, 200.33 FEET; THENCE N00°05'42"E, 452.04 FEET; THENCE S89044'57"W, 550.81 FEET TO AN EXISTING NORTH, SOUTH FENCE LINE; THENCE N00°52'05"E, ALONG SAID FENCE LINE, 2997.64 FEET TO AN EXISTING EAST, WEST FENCE; THENCE S88°40'29"E, ALONG SAID FENCE LINE, 591.11 FEET; THENCE S00°30'02"W, 2958.64 FEET; THENCE S89°29'58"E, 130.00 FEET; THENCE S00°30'02"W, 548.88 FEET TO SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 43.40 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 preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning & Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be. accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and 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 preliminary and final plat and subdivision located on the above-described real estate BE and the same are hereby approved. Resolution No. Page 2 The City accepts easements as provided by agreement and law, and, consistent with the Fringe Area Agreement, acknowledges the covenant for Outlot A that restricts its use for agricultural purposes only until all or part of Outlot A is annexed into the City. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed by 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 preliminary and 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 day of ,19~ ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR ppdadminVes%milder.doc and seconded by prov...~..d/l~ the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef WILLIAM L MEARDON (I91g-lg97) WILLIAM F. 5UEPPEL ROBERT N. DOWNER JAMES P, HAYES JAMES D, MCCARRAGHER MARK T. HAMER THOMAS D. HOBART MARGARET T. LAINSON DOUGLAS D. RUPPERT PAUL J MCANDREW. JR TIMOTHY J. KRUI'.4M WILLIAM d. SUEPPEL CHARLES A. MEARDON DAWN BARKER ANDERSON KAREN A. LORENZEN [vlEARDON, ,SUEPPEL, DOWNER & HAYES P.L.C. LAWYERS i E:;> SOUTH LINN STREET IOWA CITY, IOWA 52~240 - 1830 TELEPHONE: (,3 I 9) 338-922C FAX: (3 I 9) 338-7850 May 3, 1999 MAY 0 :S 1999 P.C.D ')r:~:nRTMFNT Ms. Melody Rockwell Civic Center Planning and Community Development Department 410 East Washington Street Iowa City, IA 52240 Re: Milder Application Dear Melody: Pursuant to our telephone conversation this morning, the purpose of this letter is to request a deferral of the Milder application. As I had informed you late last week, I thought we had resolved all issues for the Milders regarding the easement needed for their development. Unfortunately, this is no longer the case, and I will need to discuss a possible replatting of this entire project with MMS and Johnson County. I will keep you apprised. Thank you for your assistance, Melody. With kindest personal regards, I am Sincerei yours, · ppert DDR/tw ~ Prepared by: Jeff Davidson, Assistant PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 99-140 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENTS FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in Iowa City Bids for the above-named project am to be received by the City of Iowa City, Iowa at the office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 3'd day of June, 1999. Thereafter the bids will be opened by the City Engineer or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7 p.m. on the 15th day of June, 1999, or at such later time and place as may then be fixed. Passed and approved this 4th ATTEST:/,~ 2>,x.j,,~.--,.¢_.2 CI'~ CLERK It was moved by Norton and upon roll call there were: AYES: X X X X X X ppdadrn/res~owaprk3.doc day of Nay ,1999. AYOR " · Ci~ Attorney's Office and seconded by Vanderhoef the Resolution be adopted, NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 8 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-141 RESOLUTION AUTHORIZING RELOCATION ASSISTANCE TO PERSONS DISPLACED FROM THEIR HOMES OR BUSINESSES AS A RESULT OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. WHEREAS, the City of Iowa City desires to construct the Iowa Avenue Multi-Use Parking Facility ("project"); and WHEREAS, the City Council has determined that construction of the project is a valid public purpose under State and Federal law, and has further determined that the acquisition of certain property rights is necessary to construct, operate, and maintain the proposed project; and WHEREAS, by Resolution No. 98-92 the City Council authorized the acquisition of property for the construction of the project; and WHEREAS, construction of the project will displace persons from their homes and business; and WHEREAS, it is in the public interest to provide relocation assistance, including reasonable moving and related expenses and reestablishment expenses, to such persons; and WHEREAS, City staff should be authorized to negotiate agreements for the payment of said assistance on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to provide relocation assistance, including reasonable moving and related expenses and reestablishment expenses, to persons displaced from their home or business as a result of the Iowa Avenue Multi-Use Parking Facility Project. 2. The City Manager or designee is hereby authorized and directed to negotiate the payment of reasonable relocation expenses, including reasonable moving and related expenses and reestablishment expenses, to those persons displaced from their homes or businesses as a result of the project. The City Manager or designee is authorized to sign agreements with said persons for the payment of said expenses by the City. Passed and approved this 4th day of Nay ,19 99 ATTEST:Ci~,~EERK-~ City Attorney's Office mgrVes~jowaave.doc Resolution No. 99-141 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: 0' Donne] ] the Resolution be ABSENT:" Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240' (319) 356-5138 RESOLUTION NO. 99-142 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF WESTMINSTER SANITARY SEWER IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. o The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 25th day of May, 1999. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 1 st day of June, 1999, or at such later time and place as may be fixed. Passed and approved this pwengVes\westmind~>c 4th day of May ,19 99 City Attorney's Office Resolution No, 99-142 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 99-143 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2750 IRVING AVENUE TO THE TENANT. WHEREAS the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS the Iowa City Housing Authority owns a townhouse located at 2750 Irving Avenue, Iowa City, Iowa; and WHEREAS, families with income at or below 80% of the median income may qualify to purchase said townhouse; and WHEREAS a qualified family has offered to purchase this home for the principal sum of $111,900, which is the appraised value of the property; and WHEREAS. this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS. on April 6, 1999 the City Council adopted Resolution No. 99-114 declaring its intent to convey its interest in 2750 Irving Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2750 Irving Avenue, legally described as Lot 57 of the resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, according to the plat of said subdivision recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa to a family who meets the eligibility requirements to purchase said townhouse under the Iowa City Housing Authority's Affordable Dream Home Program. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 4th day of Nay ,1999. City Attorney's Office Resolution No. Page 2 99-143 It was moved by Vanderhoef and seconded by adopted, and upon roll callthere were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prep~re~~ by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. RESOLIJ,T, ION AUTHORIZING CONVEYANCE OF HOME LO~CATED AT 2709 WAYNE AVENUE TO THE WHEREAS the City"',Council of the City of Iowa City fi ,., Authority; and WHEREAS the Iowa City'HOusing Authority owns a Iowa City, Iowa; and ,,,,,. WHEREAS families with inc~'t'~e at or purchase said townhouse; and ',,, \ WHEREAS a qualified family has"'offere $111,900, which is the appraised valu~,,of FAMILY as the Iowa City Housing located at 2750 Irving Avenue, of the median income may qualify to to purchase this home for the principal sum of property; and WHEREAS this sale would provide th of their own home; and WHEREAS on April 6, 1999 the to convey its interest in 2709 conveyance, and setting the de WHEREAS, following the p that the conveyance is in NOW, THEREFORE, BE IOWA, that: 1. Upon the execute a described according Johnson townhoE portunity for a low-income family to obtain ownership \ Council "a,dopted Resolution No. 99-114 declaring its intent 'he Aven't~e, authorizing public notice of the proposed and time for th~ public hearing; and hearing on the proposed conveyance, the City Council finds public interest. ,... \\ RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, of the City Attorney, the Mayor"a, nd the City Clerk are authorized to deed conveying the City's inter,,est in 2750 Irving Avenue, legally Lot 57 of the resubdivision of Lot 5%, Walden Hills, Iowa City, Iowa, the plat of said subdivision recorded in BoOk 38, Page 327, Plat Records of ounty, Iowa to a family who meets the eligibili~ requirements to purchase said under the Iowa City Housing Authority's Affordable Dream Home Program. 2, The actiol Attorney is hereby authorized to deliver said warranty deed and to carry out any necessary to consummate the conveyance required by'!aw. Passed an~ approved this / / i -- ATTEST: CITY CLERK day of ,1999. MAYOR City Attorney's Office Council Member Kubby moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member . Champion seconded the motion. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry~_ Vanderhoef, Champion, Kubbv. NAYS: None Council Member Norton moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Thornberry seconded the motion. The roll was called and the vote was, AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None Council Member Thornberry introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $9,200,000 WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was: AYES: Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. Champion. Kubby. NAYS: None -2- Whereupon the Mayor declared the following Resolution duly adopted: Resolution lqo. 99-144 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $9,200,000 WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Water Utility, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of $9,200,000 for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $9,200,000 Water Revenue Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Additional Bonds" shall mean any water revenue bonds or notes issued on a parity with the Bonds in accordance with the provisions of this Resolution. "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. "Bonds" shall mean $9,200,000 Water Revenue Bonds, authorized to be issued by this Resolution. -3- "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantiallythe same duties and responsibilities. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York. "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year. "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Net Revenues" shall mean gross earnings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies but excluding depreciation and principal of and interest on the Bonds and any Parity Bonds or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. -4- , "Notice of Sale" shall mean the official Notice of Sale as published on April 14, 1999. "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. "Parity Bonds" shall mean Water revenue bonds or notes payable solely from the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued, and shall include "Additional Bonds" as authorized to be issued under the terms of this Resolution. , "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. , "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Permitted Investments" shall mean: · direct obligations of(including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; · cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); · obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Govemment National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration -5- · repurchase agreements whose unde~ying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; · senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; · U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-l+" by S&P or "P-I" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); · commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by S&P or "P-1" by Moody's and which matures not more than 270 days after the date of purchase; · investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; · pre-refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the -6~ maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; · tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; · an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and · Iowa Public Agency Investment Trust. , "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. , "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Bonds on file. "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Bonds and Parity Bonds; (b) 10% of the stated principal amount of the Bonds and Parity Bonds or (c) 125% of the average annual principal and interest coming due on the Bonds. For purposes of this definition: (1) "issue price" shall be substituted for "stated principal amount" for issues with original issue discount or original issue premium of more than a de minimus amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. "System" shall mean the Municipal Water Utility of the Issuer and all properties of every nature hereina~er owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by -7- Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of Johnson, State of Iowa, Series 1999, in the aggregate amount of $9,200,000 for the purpose of paying costs of extending, improving and equipping the water utility of the City. Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Water Revenue Bonds of the City in the amount of $9,200,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "WATER REVENUE BOND, SERIES 1999", be dated May 1, 1999, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on January 1, 2000 and semiannually thereafter on the 1 st day of July and January in each year until maturity at the rates hereinafter provided. -8- The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and printed or impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount July 1st 4.75% $140,000 2000 4.75% 215,000 2001 4.75% 225,000 2002 4.75% 235,000 2003 4.75% 245,000 2004 4.75% 255,000 2005 4.75% 270,000 2006 4.75% 280,000 2007 4.75% 290,000 2008 4.75% 305,000 2009 4.75% 320,000 2010 4.75% 330,000 2011 4.75% 345,000 2012 4.75% 365,000 2013 4.80% 380,000 2014 4.80% 400,000 2015 4.90% 415,000 2016 5.00% 440,000 2017 Section 6. Redemption. Bonds maturing after July 1, 2008, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. -9- Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for.redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Term Bonds. Bonds in the aggregate principal amount of $1,445,000 shall be issued as Term Bonds due July 1, 2020, and shall bear interest at 5.00%, payable on January 1, 2000, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) $460,000 2018 480,000 2019 505,000 2020 * Bonds in the aggregate principal amount of $2,300,000 shall be issued as Term Bonds due July 1, 2024, and shall bear interest at 5.00%, payable on January 1, 2000, and semi-annually thereafter on the first day of July and January in each year until maturity, and shall be subject to mandatory redemption and payment at par and accrued interest in the principal amounts in each of the years set forth as follows: Principal Amount of Mandatory Redemption Date of Redemption (July lst) $530,000 2021 560,000 2022 590,000 2023 620,000 2024 * *Maturity -10- Section 6.1. DTC - Registration. All of the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bond registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant. to the Representation Letter. Section 6.2. The Bonds shall be initially issued in the form of separate single authenticated fully registered bonds in the amount of each separate stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under the Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and-all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with Section 6.6 hereof. -11- Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with Section 6.6 hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with Section 6.6 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. Section 6.6. In the event that any transfer or exchange of the Bonds is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.7. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Bonds, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said bonds, and all certified copies, certificates, affidavits -12- and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. .- (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. -13- (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be fumished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 8. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost -14- and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 9. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 10. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar, unless and until there shall have been provided the following: · A certified copy of the resolution oflssuer authorizing the issuance of the Bonds. A written order of Issuer signed by the Finance Director directing the authentication and delivery of the Bonds to or upon the order of the Original Purchaser upon payment of the purchase price as set forth therein. The opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Bond Counsel, affirming the validity and legality of all the Bonds proposed to be issued. Section 11. _gig,ht to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. -15- Section 12. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (1) (9) I (9a) I (10) (Continued on the back of this Bond) [ (11)(12)(13) [ I (14) I ] (15) FIGURE 1 (Front) -16- (~o) (Continued) FIGURE 2 (Back) -17- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "WATER REVENUE BOND" "SERIES 1999" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: May 1, 1999 Item 5, figure 1= Cusip No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 2000, and semiannually thereafter on the 1 st day of July and January in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation CDTC"), to the Issuer or its agent -18- for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of paying costs of extending, improving and equipping the water utility of the City, in conformity to a Resolution of the Council of said City duly passed and approved. Bonds maturing after July 1, 2008, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Term Bonds maturing on July 1, 2020 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Res61ution, on July 1 st of each of the years 2018 through 2020, inclusive and Terni Bonds maturing on July 1, 2024 are subject to mandatory redemption and payment at par and accrued interest, in the principal amounts set forth in the Resolution, on July 1 st of each of the years 2021 through 2024, inclusive. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as -19- designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83 (5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds or notes which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Water Utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its Clerk, with the seal of said City printed or impressed hereon, and authenticated by the manual signature of an authorized representative of the- Registrar, the City Controller, Iowa City, Iowa. -20- Item 11, figure 1 = Date of authentication: Item 12, figure 1 This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's manual or facsimile signature Mayor ATTEST: By: City Clerk's manual or facsimile signature City Clerk Item 16, figure 2 = [Statement of Insurance] STATEMENT OF INSURANCE Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containing the following provisions with respect to the Iowa City, Iowa, Water Revenue Bonds, Series 1999, dated May 1, 1999 (the "Bonds"), such policy being on file at the principal office of the City Controller, Iowa City, Iowa, as paying agent (the "Paying Agent"): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds -21 - which is then due for payment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due for payment means, with respect to the principal, the stated maturity date thereof, or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which the payment of principal of the Bonds is due by reason of call for redemption (other than mandatory sinking fund redemption), acceleration or other advancement of maturity, and with respect to interest, the stated date for payment of such interest. Upon receipt of telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the Issuer to the Paying Agent, Financial Guaranty on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., or its successor as its agent (the "Fiscal Agent'), sufficient to make the portion of such payment not paid by the Issuer. Upon presentation to the Fiscal Agent of evidence satisfactory to it of the Bondholders right to receive such payment and any appropriate instruments of assignment required to vest all of such Bondholder' s right to such payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the Bondholder. As used herein the term "Bondholder" means the person other than the Issuer who or the borrower(s) of bond proceeds at the time of nonpayment of a Bond is entitled under the terms of such Bond to payment thereof. The policy is non-cancellable for any reason. FINANCIAL GUARANTY INSURANCE COMPANY Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. -22- Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED ) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Parmership Corporation Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties -23 - JT TEN - as joint tenants with right of survivorship and not as tenants in commorl IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 13. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; and the Net Revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 14. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds shall be applied as follows: An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Bonds. The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the System shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Intemal Revenue Code and this Resolution. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Bonds. Section 15. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of -24- real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 16. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Water Utility Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Water Utility Revenue Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. (b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay principal of and interest on the Bonds and Parity Bonds. The fund shall be known as the Water Utility Revenue Bond and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be an amount equal to 1/6th of the installment of interest coming due on the next interest payment date on the then outstanding Bonds and Parity Bonds plus 1/12th of the installment of principal coming due on such Bonds on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bonds and Parity Bonds as the same shall become due and payable. -25- (c) Reserve Fund. Money in the Revenue Fund shall next be disbursed to maintain a debt service reserve in an amount equal to the Reserve Fund Requirement. Such fund shall be known as the Water Utility Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25 percent of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the Reserve Fund Requirement, no further deposits shall be made into the Reserve Fund except to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance required above, such additional amounts shall:be'withdrawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (d) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund to be known as the Water Utility Revenue Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each month shall be $5,000; provided, however, that when the amount of said deposits in said fund shall equal or exceed $300,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund not otherwise specially limited by other provisions of this Resolution shall be used solely for the purpose of paying.principal of or interest on the Bonds or Parity Bonds when there shall be insufficient money in the Sinking Fund and the Reserve Fund; and to the extent not required for the foregoing, to pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements not included in the annual budget of revenues and current expenses, payment of rentals on any part of the System or payments due for any property purchased as a part of the System, and for capital improvements to the System. Whenever it shall become necessary to so use money in the Improvement Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (e) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Bonds and Parity Bonds, and which have been -26- issued for the purposes of extensions and improvements to the System or to retire the Bonds or Parity Bonds in advance of maturity, or to pay for extraordinary repairs or replacements to the System. (f) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, may be used to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Bonds or Parity Bonds any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 17. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. -27- Section 18. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the Fiscal Year. No flee use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days after the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Bonds and Parity Bonds upon request. The holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the holder or holders of 25 percent of the outstanding Bonds and Parity Bonds may cause such audits and reports to be prepared at the expense of the Issuer. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for -28- services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have been provided for in the manner provided in this Resolution; provided, however, that this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Goveming Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carded by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be provided to the holders of any of the Bonds upon request. Section 19. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. -29- Section 20. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or general obligation bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the Clerk, a statement of an independent auditor, consulting engineer or an independent financial consultant, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the then Outstanding Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an independent auditor, consulting engineer, or an independent financial consultant, not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding Fiscal Year. -30- (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal-and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Goveming Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. Section 21. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Bonds remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held -31- with respect to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Bonds to be classified as arbitrage bonds under Section 148(a) and (b) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 22. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 23. Not Qualified Tax-Exempt Obligations. The Bonds shall not be designated as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. -32- Section 24. Discharge and Satisfaction of Bonds. The covenant.s, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 25. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 26. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that -33- such action shall not materially adversely affect the interests of the holders of the Bonds or Parity Bonds; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional fights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restfictions upon, the Issuer or to surrender or eliminate any fight or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 27. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. -34- Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgrnents of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 28. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. -35- Section 29. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and City Clerk are hereby authorized to execute and deliver the same at issuance of the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 30. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this 4th day of May ,1999. Mayor ATTEST: City Clerk PGOODRIC\180638\ 1 \ 10714052 -36- REPEALED BY RESOLUTION 99-174. Prepared by: Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 99-145 RESOLUTION ADOPTING IOWA CITY'S FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY00 as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of public meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 2000; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY00 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds; and WHEREAS, the Annual Action Plan budget (Exhibit A) does not include the CDBG allocation for Old Brick Episcopal Lutheran Corporation to allow for a separate vote on this item as per a council member's request; and WHEREAS, adoption of the Annual Action Plan for FY00 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FY00 and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Annual Action Plan for FY00, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FY00 to the U.S. Department of Housing and Urban Resolution No.: 99-145 Page 2 Development, and is furlher authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FY00. Passed and approved this 4th day of Nay , i9 99 . MAYOR Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdcdbg\res\actnplan.doc EXHIBIT A FY00 CDBG AND HOME PROJECTS ECONOMIC DEVELOPMENT PROJECTS (Est. Set-aside $162,000) Micro-enterprise Training: Institute for Social & Economic Dev. Subtotal Request $ 34,000 $ 34, 000 HCDC (3/24/99) Recommendation $ 25,000 $ 25,000 PUBLIC FACILITIES PROJECTS (Est. Set-aside $126,850) Facility Rehabilitation: Salvation Army Kitchen Improvements: Free Lunch Program Facility Rehabilitation: Community Mental Health Center Parkland Acquisition & Dev.: Miller-Orchard Neighborhood Subtotal $ 65,395 $ 7,500 $ 49,565 $215,000 $33~460 $ 47,920 $ 7,500 $ 49,565 $ 65,000 $168,985 PUBLIC SERVICE PROJECTS (FY99 Statutory Cap $156,450) Transitional Housing Support Services: Successful Living Employment Training: Mayor's Youth Employment Program Furniture Project: Domestic Violence Intervention Program Youth Leadership: Community Corrections Improvement Assn. Aid to Agencies Subtotal $ 15,000 $ 25,000 $ 13,688 $ 23,000 $105,000 $181,688 $ 15,000 $ 15,411 $ 11,000 $ 10,000 $105,000 $15~411 HOUSING PROJECTS (Est. Set-aside $1,026,100) Senior Rental Units: Iowa City IHA Senior Housing Phase I Acquisition & Rehab: Greater Iowa City Housing Fellowship Housing Rehabilitation: City of Iowa City Transitional Housing: Hawkeye Area Community Action Program Rehabilitation: Coldren Retirement Residence SRO Rehab: Successful Living, Inc. Affordable Housing Funding Pool: City of Iowa City Small Repair Program: Elderly Services Agency ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning CONTINGENCY Unprogrammed Funds Subtotal Subtotal TOTAL $275,000 $300,040 $300,000 $190,000 $ 6,000 $ 15,295 $150,000 $ 28.OOO $1,264,335 $ 64,300 $144,300 $20&600 $ 70,000 $2,096,083 $275,000 $281,609 $255,000 $190,000 $ 6,000 $ 14,395 $ 50,000 $ 28,000 $1,10~004 $ 64,300 $144,300 $20&60~ $ 70,000 $1,730,000 SOURCES OF FUNDS FY00 CDBG Entitlement FY00 CDBG Estimated Program Income FY99 Unexpended Funds (from contingency and projects) FY99 Unbudgeted CDBG Program Income FY00 HOME Allocation TOTAL $943,000 $ 3O,OOO $ 61,691 $ 72,309 $643.000 $1,750,000 05--04-99 2O Prepared by: Steve Long, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 99-146 RESOLUTION ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR OLD BRICK EPISCOPAL LUTHERAN CORPORATION WITHIN THE FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS). WHEREAS, Resolution No. 99-].45 adopts the FY00 Annual Action Plan with the exception of the Community Development Block Grant (CDBG) allocation for Old Brick Episcopal Lutheran Corporation which is a part of the plan; and WHEREAS, the City Council finds that the adoption of said CDBG allocation (Exhibit A) to Old Brick Episcopal Lutheran Corporation is an essential part of the FY00 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The City of Iowa City hereby adopts the CDBG funding to Old Brick Episcopal Lutheran Corporation as part of the FY00 Annual Action Plan. Passed and approved this 4th ATTEST:Ci~,,C~ ~- day of Nay ,19 99 MAYOR Approved by City Attorney's Office ppdcdbg\res~lutheran.doc Resolution No. 99-146 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X Kubby the Resolution be ABSENT: ,.- Champion Kubby Leh~nan Norton O'Donnell Thornberry Vanderhoef ABSTAZN: X EXHIBIT A Facility Accessibility: Old Brick FYO0 CDBG PROJECT TOTAL Request $ 70,000 $ 70,000 HCDC (3~24~99) Recommendation $ 20,000 $ 20,000 05-04-99 21 Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5139 RESOLUTION NO. 99-147 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IAIS/CRANDIC INTERCHANGE PROJECT, STP-A- 3715(12)---86-52. WHEREAS, Steger-Heiderscheit Construction Corporation of Dyersville, Iowa, has submitted the lowest responsible bid of $689,971.40 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Steger- Heiderscheit Construction Corporation of Dyersville, Iowa, subject to the condition that the awardee secure adequate performance and payment bond, and insurance certificates, and subject to Federal Highway Administration concurrence. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates and subject to Federal Highway Administration and concurrence. Passed and approved this 4th day of May ,19 99 ATTEST: CI~~ ~' ,~AYOR ' ' Approved by City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res~iaiscran.doc NOTICE TO BIDDERS IAIS/CRANDIC INTERCHANGE PROJECT CITY OF IOWA CITY, IOWA STATE OF IOWA, APRIL 27, 1999 - Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and at its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9:00 a.m.C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock a.m. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS Tel. 515-239-1414 pweng\iaisad.doc DEFEATED Prepared by: Jim Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY CIVIC CENTER ADDITIONS AND RENOVATIONS PROJECT. WHEREAS, Selzer-Werderitsch Construction of Iowa City, Iowa has submitted the lowest responsible bid of $1,887,000.00 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Selzer-Werderitsch Construction of Iowa City, Iowa subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this day of , 1999. ATTEST: CITY CLERK MAYOR City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef pweng\res~ccrenov.doc the Resolution be City of Iowa City MEMORANDUM Date: To: From: Re: April 29, 1999 City Council 3im Schoenfelder, City Architect/Energy Coordinator Civic Center Expansion and Renovations Project Four bids were received for the Civic Center Expansion and Renovations Project ranging From a high of $2,188,000 to the low submitted by Selzer Werderitsch Construction of Towa City at $1,887,000. Wehner Pattschull Pfiffner Architects estimate ol= probable construction cost including contingency was $1,548,000. Low bid with a 10% contingency reflects a unit cost of $127.:L9 per square foot of remodeled and newly constructed area. Historically accounting for inflation and contingencies similar new and remodeling construction work at the City Civic Center comes in at $100.50 per square foot. Obviously the current bidding climate which includes a large amount of construction work in the area, expensive and hard to find labor, and shortages of construction materials favors prices 27% higher than expected. Since the low bid significantly exceeds the architect's estimate and construction at this point in time will require paying a premium for space, staff recommends that all bids be rejected, the contract not be awarded, and that the project be reduced in scale to include only construction of the new third floor and renovation of the first floor of Civic Center North which represents our most immediate need for additional space, and that the scaled back project be re-bid. ADVERTISEMENT FOR BIDS IOWA CITY CIVIC CENTER ADDITIONS AND RENOVATION S Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 27'h day of April, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engi- neer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 4'" day of May, 1999, or at such later time and place as may be scheduled. The Project will involve the following: A third floor addition to Civic Center North and the finishing of the shelled-in second floor of the Police Department and the remodeling of several departmental areas of the Civic Center. All work is to be done in strict compliance with the plans and specifications prepared by Wehner Pattschull Pfiffner Architects which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also AF-1 protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 335 (455 calendar days) Specified Start Date: May 17, 1999 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Wehner Pattschull and Pfiffner by bona fide bidders. A $25.00 refundable (provided plans and specs are returned in good condition within 30 days of bid date) fee is required for each set of plans and specifications provided to bidders or other inter- ested persons. The fee shall be in the form of a check, made payable to Wehner Pattschull Pfiffner Architects. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK pweng\bidad-cc.doc AF-2 23 Prepared by: Jim Schoenfelder, Architect, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 99-148 CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER THIRD FLOOR EXPANSION AND FIRST FLOOR RENOVATIONS PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18th day of May, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day offeRS,. /~. .~~ City Attorney's Office pwengVes~civictr2.doc Resolution No. 99-148 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: K u b b.y AYES: NAYS: ABSENT: X X ..X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 99-149 RESOLUTION APPROVING, AUTHOI?IZING AND DII~ECTING THE MAYOI~ TO EXECUTE AND THE CITY CLEI~K TO A'rI'EST AN AGI?EEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWAI~D I~. GI~EEN COMPANY CONSULTING ENGINEE;~S TO PI~OVIDE ENGINEEI~ING CONSULTANT SEI?VICES FOI~ THE IOWA CITY SANITAI~Y LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to design and construct a gas collection system on the currently permitted site; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa Passed and approved this 4th day of Nay ,19 99 . ATTEST:Ci~~ ~- City Attorney's Office pwengVes%hrgreen.doc Resolution No. 99-149 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: .X X Vanderhoef the Resolution be ABSENT: ~_ Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this z./dr. day of e~eina~e 1999, by and between the City of Iowa City, a municipal corporation, h r referred to as the; City and Howard R. Green Company, of 4250 Glass Road NE, Cedar Rapids, Iowa, 52402 , hereina~er referred to as the Consultant. WHEREAS, the City of Iowa City desires to secure the services of a consulting engineering firm to prepare construction plans, project manual and detailed construction specifications; to provide for assistance in receiving bids and awarding construction contract(s); to provide for construction staking, construction observation and contract administration; to calibrate and prepare the system for operation; to provide an operations and maintenance manual, all as related to the design and construction of the landfill gas collection and control system at the City of Iowa City Sanitary Landfill. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The Scope of Services includes preparation of design plans and specifications and to provide construction observation and administration for landfill gas collection and control. This includes the following items: submitting the plans and specifications to the Air Quality Bureau of the Iowa Department of Natural Resources, preparing contract documents, attending the bid letting, providing construction staking, and closing out the project. Also included is the calibration of the system prior to activating the collection system and providing an Operations and Maintenance manual. Gas Collection and Control System Design This work consists of consulting engineering services necessary to complete the design of a landfill gas collection and control system for the entire site including the future cells. The design plans will need to be submitted and approved by the Air Quality Bureau of the IDNR prior to construction. Submittal of these plans must be made no later than February 15, 2000, in accordance with the schedule submitted by the City to the Bureau. The Design plans will include vertical and horizontal collection wells in cells FY 72-FY 98 and in the proposed future cells, a gas conveyance header line connecting the wells, and an enclosed flare system. The plans will show a phased construction sequence, installing active collection in cells FY72- FY95, and installing future temporary and permanent collection in cells FY96-FY98 and in expansion cells as filling progresses. Design considerations will include additional leachate collection in the unlined cells and alternative uses for the collected gas (i.e. electricity and heat generation). O:~PROJ\722220\SOS REVISED.DOC -1- The final plans and documentation will be reviewed with City staff before submi{ting them to the Air Quality Bureau of the IDNR. This work will include completion of the final design based on IDNR approved design plans. We will also prepare the Project Manual and Specifications to include: " · Notice of Public Meeting · Advertisement for Bids · Instructions to Bidder · Form of Proposal · Bid, Performance, and Payment Bond Forms · Notice of Award · Form of Agreement · Notice to Proceed · Standard General Specifications · Supplemental General Specifications · Detailed Specifications · Special Provisions · Engineer's Opinion of Probable Construction Cost We wile distribute all copies of the contract documents to prospective bidders as required for bid letting. The bid letting process will entail the invitations to bid, instructions to bidders, bid proposals, proposal evaluation, and acceptance. We will arrange a pre-bid meeting for the Contractors that will include a visit to the landfill to discuss site conditions, project requirements, and questions. Construction Administration and Observation This work includes contract management, construction observation, and construction staking services for the gas collection system. We will provide construction observation at intervals appropriate to the various stages of construction as deemed necessary in order to observe the progress and quality of various aspects of the Contractor's work. Regarding the construction phase for the gas collection and control system. we will also provide the following services: Arrange and participate in the preconstruction meeting. The Contractor will be advised as to IDNR requirements for construction, testing, and documentation involving gas collection system. Issue interpretations and clarifications of the project documents. We will review shop drawings, samples, and other data which the Contractor may be required to submit, for conformance with the design concept of the project. Evaluate the acceptability of substitute materials and equipment as may be proposed by the Contractor. O:\PROJ\722220\SOS REVISED.DOC -2- Provide staking for the installation of the vertical and horizontal wells and the associated lateral and header piping system. Coordinate quality assurance and quality control testing and/or monitor the Contractor's work and field testing procedures, to ensure that all materials and equipment for the wells, the lateral and header system, and flare system have been placeall' in accordance with the approved engineering plans, reports, and specifications. Provide surveying for 'as-constructed' plans of the system as modifications occur during construction. Prepare final drawings showing those changes made during construction, based on the marked-up drawings and updated survey data. Copies of the final plans will be distributed to the City and IDNR. We will also certify the completed construction to IDNR and attend IDNR's final inspection (if required). Process chance orders, extra work orders, partial and final payment request and tabulation of final quantities. Operations and Maintenance Manual This work will include providing an operations and maintenance manual for the gas collection and control system. The manual will also include an outline of the regulatory reporting requirements for surface emissions, gas temperature and pressure readings, and gas analysis. The collection system will need to be monitored and adjusted on a monthly basis to insure adequate control of landfill emissions. A monitoring program will be included in the manual addressing this issue. Site safety and necessary training will be addressed to ensure compliance with local, state, and federal regulations. System Calibration and Start-up This work will include preparing the system to be activated. Prior to system start-up, the system must be calibrated to insure proper gas collection and control while minimizing oxygen. infiltration to landfill. This task will also include training of landfill personnel on well calibration and monitoring and surface monitoring. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. · Gas Collection and Control System Design - November 15, 1999 · Construction Administration and Observation - May 1, 2001 · Operations and Maintenance Manual October 15, 2000 · System Calibration and Start-up April 15, 2001 O:\PROJ\722220\SOS REVISED.DOC -3- III. GENERAL TERMS The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because bf their race, creed, color, religion, sex, national origin, disability, age, martial status, gender identity, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D= It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the. City shall be given with reasonable notice to the Consultant to assure attendance. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. O:\PROJ\722220\SOS REVISED.DOG No The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. Upon signing this agreement, Consultant acknowledged 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. IV. COMPENSATION FOR SERVICES Item I. Scope of Services. The fee for engineering services related to the design and construction of the gas collection and control system is $269,500.00. · Gas Collection and Control System Design. For engineering services related to the Gas Collection and Control System Design, the fee is · Construction Administration and Observation. For engineering services related to Construction Administration and Observation, the fee is · Operation and Maintenance Manual. For engineering services related to the Operation and Maintenance Manual, the fee is · System Calibration and Start-up. For engineering services related to the System Calibration and Start-up, the fee is TOTAL: $ 106,200.00 $ 127,700.00 $ 2:~,500.00 $ 12,100.00 $ 269,500.00 O:\PROJ\722220\SOS REVISED.DOC -5- MISCELLANEOUS A, All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. - FOR THE CITY Title: Mayor Date: May 4, 1999 ~y~R ~ T~ECO/~ Title: Vice President Date: May 3, 1999 O:\PROJ\722220%SOS REVISED.DOC .-.6- City of Iowa City MEMORANDUM 05-04-99 ZH DATE: April 30, 1999 TO: Chuck Schmadeke, Public Works Director FROM: Daniel Scott, Civil Engineer re: Landfill Gas Collection System Design In 1996 the federal government categorically included solid waste landfills as an emission source to be regulated under the Clean Air Act of 1970. This decision also delegated the regulatory responsibility from the federal level to the state level and established a compliance timeline. In accordance with this new regulation, the Iowa City Landfill is required to install a gas collection system in all fill areas of the site. This system will extract and collect all the methane and non-methane landfill gas from the fill areas for on-site treatment and safe release. The contract scope of services includes system design and regulatory approval by February of 2000, construction administration and inspection by November of 2000 and system start up, operation and training by May of 2001. cc: Rick Fosse, City Engineer Dave Elias, Landfill Superintendent Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-150 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, the City of Iowa City condemned certain property owned by Metro Pavers, Inc. and Paul and Mary Kennedy on April 14, 1998 as part of the Iowa River Corridor Trail Project; and WHEREAS, Metro Pavers, Inc. and Paul and Mary Kennedy were awarded a combined total of $146,610.00 at the condemnation hearing; and WHEREAS, the City of Iowa City appealed said condemnation award; and WHEREAS, the parties have agreed to settle the appeal for a combined total of $83,000.00; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Metro Pavers, Inc. in the amount of $61,000 and with payment to Metro Pavers, Inc. and Paul and Mary Kennedy in the amount of $22,000 in full satisfaction of any and all claims they may have against the City of Iowa City in the above matter, and in consideration of their full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session is hereby ratified, for the total sum of $61,000.00 payable to Metro Pavers, Inc., and the total sum of $22,000.00 payable to Metro Pavers, Inc. and Paul and Mary Kennedy, in full satisfaction of any and all claims. The City Council hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon the execution of appropriate releases by Metro Pavers, Inc. and Paul and Mary Kennedy. Passed and approved this 4th day of Nay ,1999. ATTEST: CITY CLERK MAYOR City Attorney's Office maryrn/litigation/banken/resol .doc Resolution No. 99-150 Page 2 It was moved by Thornbert3/ and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef