HomeMy WebLinkAbout2000-06-13 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 00-188
RESOLUTION TO ISSUE CIGARE'FI'E PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of cigarettes, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk is hereby directed to issue a permit to the following named persons
and firms to sell cigarettes:
Southern Discount Den - 207 E. Washington Street
Passed and approved this 13th day of June ,20 00
Approved by
CI2]TY%~ER~<~''' Ci~ A. orney's Office
It was moved by Champion and seconded by O'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
derk%res\cigperm.doc
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356~
RESOLUTION NO. 00-189
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF A LIEN REGARDING TWO MORTGAGES FOR THE
PROPERTY LOCATED AT 1519 CENTER STREET, IOWA CITY, IOWA
WHEREAS, on June 3, 1999, the owners of 1519 Center Street executed a Mortgage through
the City's Housing Rehabilitation Program for the amount of $1,587 plus a one time interest
charge of $79.35; and
WHEREAS, on July 27, 1999, the owners executed another Mortgage for the amount of $1,569
plus a one time interest charge of $78.45; and
WHEREAS, these documents created liens against the property in the total amount of
$3,313.80; and
WHEREAS, the loans were paid off on May 19, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that 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 1519
Center Street, Iowa City, Iowa from a Mortgage recorded on June 18, 1999, Book 2760,
Page 50 through Page 54, and another Mortgage recorded on August 12, 1999, Book 2805,
Page 226 through Page 230 of the Johnson County Recorder's Office.
Passed and approved this 13th day of June ,20 00
Approved by
It was moved by Champ1 on and seconded by 0' Donne'l '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
x O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrehab/res/1519oenter. doc
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1519 Center Street, Iowa City, Iowa,
and legally described as follows:
The West 59 feet of Lot 22 and West 59 feet of the North half of Lot 21 in Block 9,
Rundell Addition to Iowa City, Iowa according to the recorded plat thereof
from an obligation of the owners, Sandra I. Holgado and Pablo Uriz, to the City of Iowa City in
the total amount of $3,313 represented by a Mortgage recorded on June 18, 1999, Book 2760,
Page 50 through Page 54, and another Mortgage recorded on August 12, 1999, Book 2805,
Page 226 through Page 230 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
ATTEST: ' ' ~/,~. .¢.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /3 4~. day of -J cxAa ~-_ , A.D. 20 bE2 , before me, the undersigned, a
Notary Public in and for said County, 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 of its City Council, as
contained in Resolution No. bo .- iS?, adopted by the City Council on the /3 d_,_ day crF '~C--
,20 O0 and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
Pl:x:lrehab/1519center'd°c 71/9-~ C ' ' - F__J<-~L:"u, 3. ~3 '7_ ~2 ~
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION N0. 00-].99
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A
MORTGAGE FOR THE PROPERTY LOCATED AT 90 WEST SIDE
DRIVE, IOWA CITY, IOWA
WHEREAS, on April 11, 1997, the owner of 90 West Side Drive executed a Mortgage
through the City's Down Payment Assistance Program for the amount of $1,689.04; and
WHEREAS, this document created a lien against the property; and
WHEREAS, the loan was paid off on June 5, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that 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 90 West Side Drive, Iowa City, Iowa from a Mortgage recorded on April 14,
1997, Book 2252, Page 316 through Page 319 the Johnson County Recorder's Office.
Passed and approved this 131:h d~ June~, , 00
MAYOR
ATTEST: ' j = ' -,,--/,>
C City Attorney's Office
It was moved by Champion and seconded by 0'Donnell the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrehab\res~westsidedr. doc
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 90 West Side Drive, Iowa City, Iowa,
and legally described as follows:
Unit 90, West Pointe I Condominiums, a horizontal property regime, according to the
Declaration recorded December 11, 1996, in book 2197, Page 170, Records of the
Recorder of Johnson County, Iowa, together with said unit's 1/12th interest in the
common elements of said regime,
from an obligation of the owner, Dana L Williams, to the City of Iowa City in the total amount of
$1,689.04 represented by a Mortgage recorded on April 14, 1997, Book 2252, Page 316
through Page 319 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
rove
CIT~ERK ' i y orney's ice
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this )3 ~L day of J u~ , A.D. 20 o~ , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its Cit~Eouncil, as contained-in Resolution No. oD--I~0 , adopted by the City
Council on the /3 day o~ ~~ ,20 o~ and that the said Ernest W.
Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab\westsiderel.doc Notary Public in and for Johnson County, Iowa
Prepared by: Terry Trueblood, Dir., Par.ks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 00-191
RESOLUTION ACCEPTING THE WORK FOR THE RECONSTRUCTION OF
THE MERCER PARK TENNIS COURTS PROJECT
WHEREAS, the Parks & Recreation Department has recommended that the work for the
reconstruction of the Mercer Park tennis courts, as included in a contract between the City of Iowa
City and L.L. Pelling Co. of North Liberty, Iowa, dated September 28, 1999, be accepted; and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 13th day of Ju , 00
Approved by
IT City Attorney's Office
It was moved by Champion and seconded by 0' Donne'l ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Champion
× Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
parksrecVesVnercedc.doc
6/00
06-13-00
Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 00-].92
RESOLUTION APPROVING AN INVITATION TO SELECTED EASTERN IOWA
ARTISTS FOR THE PUBLIC ART COMPONENT OF THE NEAR SOUTHSIDE
TRANSPORTATION CENTER.
WHEREAS, the Iowa City Public Art Program Acquisition Procedures provide for City Council
consideration of any call or invitation to artists; and
WHEREAS, the Public Art Advisory Committee wishes to include public art in the Near Southside
Transportation Center; and
WHEREAS, the Public Art Advisory Committee has developed an invitation to selected artists,
including a proposed budget; and
WHEREAS, the Public Art Advisory Committee at their meeting on June 1, 2000 recommended
approval of same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The invitation to artists, attached hereto, for public art in the Near Southside Transportation
Center is hereby approved.
Passed and approved this 13th day of june ,20 00
rov ~
ATTEST:CI~LERK City Attorney's Office
It was moved by Vande~'hoef and seconded by 0' Donne'l ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYSi ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdi~es~neamouth .doc
,, INVITATION
of the City of Iowa City
was established in
September 1997. The
intention of the Public Art
Program is to enhance
public spaces, promote
Iowa City as a cultural
center, and build Iowa
City's image as a vital
place to live and work.
This will be accomplished
by the integration and
placement of art in public
projects and places. The
Public Art Program is
supported by a specific "'i.".!.!"'.'.l
allocation of $100,000 of
public funds per fiscal '..',.:".~
year. A Public Art :
Advisory Committee has
been appointed to assist
in the development and
management of this .....,--.'
program. .'-- '."
The mission of the Public
Art Advisory Committee,
as stewards of the City of
Iowa City, is to enhance
the appearance of the
city through the selection
and integration of art in
a public environment.
2000 Membership:
Nancy Purington
Gary Nagle
Terry Trueblood
Rick Fosse
Sandra Hudson
Emily Vermillion
Stephen Perkins
Invifafion
The PublicArtAdvisory Committee of the City of Iowa City is issuing an invitation to five
eastern Iowa adists to present qualifications to undertake a public art project in the
proposed Near Southside Transportation Center in downtown Iowa City.
Projecf Pararnefers
· The selected artist will work individually, or with an artist selected team, with the
project architect to develop an appropriate public art concept for the transportation
center.
· Upon development of the public art concept, the artist and/or artists' team is expected
to review the concept with the PublicArtAdvisory Committee.
· The artist will be responsible for conception, design, fabrication and installation of the
public art. Employment of a team of artists or subcontractors will be at the artist's
discretion, but must stay within the prescribed budget for the project.
· The public art concept should include permanent work and consider the Transporta-
tion Center building as a whole.
Projed Budgel
Approximately $50,000 including design, fabrication and installation.
Projec| Timeline
Work with the project architect will begin immediately.
~election Process
Submitted materials will be reviewed by the Publi~ArtAdvisory Committee and the
proiect architect. Interviews will take place dune :>9, 2000.
Deadline for Receipf of A~aferials:
Thursday, June 22, 2000 by 5:00 P.M.
Iowa City Public Arf Program
Near ;oufhside Transporfafion Cenfer
Background and Sire Descripfion
The Near Southside Transportation Center is a federa!ly-funded proiect under a Liv-
able Cities Grant. The Federal TransitAdministration (FTA) allocates funds to cities to
build facilities which will encourage the use of transit and minimize automobile trips.
In the Iowa City project, a building which incorporates parking, child care and transit
stops is being proposed in the block bound by Burlington, Clinton, Court and
Dubuque streets. In addition to the uses noted, the building will include the inter-city
bus station, a taxi stand and approximately 27,000 square feet of commercial space.
Construction is planned to cover most of the east half of the block. The FTA pays for
80% of the cost of the total project.
As part of Iowa City's effort to enhance the community through the provision of public
art, an artist is being sought to conceptualize and coordinate the inclusion of public
art in this project. No particular medium is determined at this time, however the Public
ArtAdvisory Committee (PAAC) has considered exterior architectural elements,
murals or mosaics, tile work, and lighting. The artist will be expected to work with the
project architect, OPN of Cedar Rapids, to conceptualize a public art component for
this project and participate in, or coordinate a team of artists in, fabrication and instal-
lation of the art work. Work with the architect must begin as soon as possible; flint
phase architectural concepts are to be completed by September 30, 2000. These
concepts need not include detail of the public art element but the public art component
should be known.
Five eastern Iowa artists am being invited to participate in this invitational competition
and will be interviewed by the PAAC and the project architect.
Submission AaferialS
A. Artists should submit ten (10) collated sets of printed submission materials,
organized in the specific order as described below.
1. A letter of interest (one page maximum) including any background information
that would support the artist's qualifications for this project.
2. Resume including education, exhibits, honors, and galleries.
3. A description of any similar projects completed with references. One copy of
up to ten (10) 35 mm slides of similar projects or related work are encouraged.
B. All materials submitted will become property of the Iowa City PublicArtAdvisory
Committee.
SUBMISSIONS MUST BE RECEIVED BY 5:00 P.M.
Thursday, June 22, 2000
SEND TO: KARIN FRANKLIN, DIRECTOR
PLANNING & COMMUNITY DEVELOPMENT
CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWA CITY;, IOWA 52240
QUESTIONS: (319)356-5232
emaih karin_franklin@iowa-city. org
rlVI-a-l.o!n ::;
06-13-00 J
6
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-193
RESOLUTION APPROVING A PURCHASE AGREEMENT WITH SON JAY AND
JIGNA JANI FOR CONDOMINIUM UNIT I-B (2) IN TOWER PLACE AND
PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE
THEREWITH.
WHEREAS, Tower Place and Parking a/k/a. Iowa Avenue Multi-Use Parking Facility includes
commercial space which has been marketed for sale to the general public; and
WHEREAS, the City has negotiated a purchase agreement with Sanjay and Jigna Jani for
condominium unit 1-B(2), in said facility which purchase agreement is attached hereto and
requires City Council approval; and
WHEREAS, following public hearing on the City Council's intent to approve said purchase
agreement and to dispose of the property in accordance therewith, the City Council finds that the
purchase agreement should be approved and that said property should be conveyed in
accordance with said purchase agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council hereby approves in form and substance the attached purchase agreement
between the City of Iowa City and Sanjay and Jigna Jani for condominium unit 1-B(2) in Tower
Place and Parking and the disposition of said property in accordance therewith.
2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take
all action necessary to dispose of said property in accordance with said purchase agreement.
Passed and approved this 13th day of June ,20 fin
OR
CI'~LERK City Attorney'; Office
Eleano~resLs&jjani .doc
Resolution No. 00-193
Page 2
Itwas moved by Vanderhoef and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
COUNTER OFFER
Address of property: Unit 1-B(2), Tower Place and Parking
The Seller declines to accept the. terms of the purchase agreement attached hereto; however, the
undersigned submit to the Buyer herein the following counter offer:
1. Change of purchase price: NONE
2. Change of possession date: NONE
3. Other changes: See attached terms of Counter-Offer.
4. In all other respects not inconsistent with the terms of this counter-offer, the counter-offer
includes the same terms as set forth in this purchase agreement as submitted by the Buyer.
5. This counter-offer must be accepted by the Buyer, by indication of the Buyer's acceptance
hereafter, no later than 5:00 o'clock P.M. on the 10*h day of May, 2000.
In the event the counter-offer is not thus accepted, the counter-offer shall be null and void and
any payments made herein shall be returned to the Buyer. If this counter-offer is accepted,
the counter-offer shall become a binding contract for sale and purchase of the real property
described in this counter-offer and purchase agreement.
CITY OF IOWA CITY
By: S ephen J tkins.~
This counter-offer and its terms are accepted by the undersigned Buyer on this
~ JFf') day of rY~l, L( ,2000, at /2. -o~ o'clock-(A~M)
Buyer J~J~ z~ ~
Buyer J
Annen\forms\Wilson counter-offer.doc
CITY OF IOWA CITY'S COUNTER-OFFER TO SANJAY AND JIGNA JANI'S
OFFER TO PURCHASE UNIT 1-B(2), TOWER PLACE AND PARKING
A. Change in real estate description: Unit 1B(2) of the horizontal property regime to be
constructed on Lots 1 through 4, Block 61 of the Original Town of Iowa City, said unit
to consist of 1,300 square feet, more or less, located on the street level directly north
of the main clock tower lobby on Linn Street and to be constructed in substantial
conformity with the plans and specifications for the Tower Place and Parking facility.
The final recorded Declaration of Condominium which shall submit said real estate to
a horizontal property regime as defined by Iowa Code 499B shall be in substantial
conformity with the draft Declaration of Condominium attached hereto as Exhibit "A"
with the exception that Unit 1B as defined therein shall be divided into three separate
units, 1 unit on the mezzanine and 2 units on street level with one of said street level
units to be Unit 1B(2) as described above. Said unit shall be finished t=o "vanilla box"
finish in accordance with the plans and specifications for said facility.
a. Parking: The reference to the "permanent parking place" in paragraph 2(C) of the
attached. purchase agreement shall be deleted and the following inserted in-lieu-
thereof: Included in the purchase price shall be one (1) City of Iowa City parking
permit without fees for parking in Tower Place and Parking. Said permit is
transferable to a subsequent owner of the real estate but may not be transferred
independently of the real estate.
b. Deed and Title: The parties acknowledge that an appeal of the City's condemnation
of the Harmon Building is ongoing with the only issue being the amount of
compensation for the taking. Buyer agrees that the pending appeal will not constitute
an objection to title and agrees to accept City's warranty deed notwithstanding said
appeal.
B- RESIDENTAL REAL ESTATE PURCHASE AGREEMENT"
Date dAgreernent MAy 1, 2(N30
to: ~ ol, IOWA C[TI' (SELLERS:). ' ' ' '
1 REALESTATl[DESCl~Thema~N~ignedBUYERShe~ebyoifettol:x.'yredastateh JOIONrSON County. lowa. locslly known as:
I]h'lT I-]B(2') Tom F'T.ACL I..'~4~1' AffD IOWA i1300 80. r!'./~2vl. fi.) AND FOLLOWING THE LEGAL DESCRIPTION CONTAINED IN THE TITLE OC)CUMENT BY
WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY. SU~T TO N~OVAL OF BLrFER'S ATTORNEY. of cles:nbed as ~ow, s:
wilh aT easemelts and apiN~enanI S~ astalas. and $ubied to B1s foBowing: (a) any zorq end other o~ncas; Co) any covenants or reco<d: (c) any easernents of record b' pd~ic
utlties. rcada and highwell; lied (01 ~ 0'ZliZ&S , (onnsids': liens. ot~ easements. intefasts of oil'ere) desmgnated the Real Estate.
;xovided BUYERS. enpos~essk~n, afe permitind to m~q the fdtowing use of the Real EsMle: PJtTAru A.,q)OTIqCg TJISIC
2 PURCHASE PRICE The~hiceshailbe$ 176,800.00 .( 0INI~HUD4DI~3)SrrENTYSD(THOUSAh'I)EIGH'~HUIN1)R~3)DOLLAP~
)and Ihe method of paymenl shaII be as fdIows: $ 1
w~rn lhis offeftobe deposited upon acceptanceoflhisoffef. in b%elru"taccountof
!o be ddiv~fed to the SELI. ERS upon pef~ance of SELLERS' dY, ieetkx~ end satefaction of BUYERS' c~ntingences. if any, and lhe balance of the I::~rchase pdce as designated bebw
Sdeot(A) (B) end/of (C} of
A: IRIHEW MORTGAGE: CONV
ThisAgreementiscof~ngenIq:xx~theBUYERS~btaining~w~tenc~mmitrnentfof~rstrea~astatam~dgagefof 75 %ollhepurchasepncewilhinteresto,'~lhepfornlssofynole
secu'ed thereby of not mofe than ~1 %amod~ove'alefmofnotlassthan 25 yea~, with a betbor~ due date of not less than ~ yeaPs BUYERS agree to pay
nomofethen 10 %fofloeftoiiginetioefeetmendlIX~lts. endtopeyioedditionefothercustomeryloencosts BUYERSegreeu,ponecceptanceoflhisoffertoimmedalelymake
ap~k:ato"m ~:x such roodgage wilh a c~mm~l modgege leftdef and to ee<efc~e good taith effon~ to obtain a roodgage commitment as above I:xovded, Upon receiwng wnllen toen comm tt-
menl. (supported by the lef~s required 8pp~l), BUYERS shaft ~ Ihis conlingency in w~itincj. If BUYERS have nol obtained a written roodgage loan commitment centaining the
abovelems, ofte*msaccep~el~etoBUYERSonorbefofethe 20 dayd M_AY, 2000 eithefSELLERSocBUYERSmaydedarernisagreemenlnulland
void and 811 paymeters made heretrader shall be returned, BLrt'ERS shall pe/Ihe behmce of the I:xn'chase price al Ihe lime of Ihe dosing by combinat~rm ot BUYERS' pers~nemf funds and the
B I"ICASH: B~ will pay rne betanc~ of the purchase ~ in cash Id Ihe lime of dosing. TI'~ Agreement is nol contingenl upon BUYERS obtaining such funds
C. BOTHER tlllllll TEP~: IT is Uh'O~RSl'OOD THAT ~ r,J'RCHAS'E I'!~C~e SHALL INCLUDE Ttt3E 'US~ OF OhrE p]EpJ,4Ah'~rrl'
Towx31. ]PLACE ~'AR]O~G IrAcil..rrY.
D. ['llf a Mot'lgage As..umpeort, Installment i:xmblct As.umptlon. or Installment corrlnct Sale. see xttached addendure.
with eny edju~tmeftts ol ~ taxe~. murafxa. interest. end offe' ~ metlets k~ be made as of ~ date of transfer of possessk~, Closing of the transaotm shall occ~' allef apfxovat of
she~ mea~ de[h.enj to hs B`[t1ERS of -a i5e ~ ~"~f~ ~ and recei~ of the ptxche~ Fxice h~ds ~em d~e ~m BUYERS` Ifbymutuelagreementlhepedies~4edactffefent
4 RF_ALESTAI~TAXES. SELLERSsheIIperfaI~me(astaIeta:<aswhi:hafedueandpeyd3Ie~ndc~estitu`taa~ienagainst~heab~vedescrbedRes~Estataandanyunpaidrea~astateta:<esfof
any ~ yeers. Except lot the tax I:x,o~tiofl hefe~efief set kxlh. BUYERS shall pet all subsequent real estate taxes. SELLERS shell atso pay a ;:xofaled share of the real estale taxes I'of rne
f='.calyeaferdng June30. 2000. endpayeb'e in h~bodyee~oommencing Juff l. :ZOO0. beed upon ooe o/rne folk, qlofmubs:Sded(Ai(e.)of(C).
A.F~Neitaxex~ay.d:~inthecun.ef~caIyeerin.t'thidTp~s:se~i~nisgiventoBuyers`([)~n~tsdedt~isaItemaiiveifibecu~entyeamtaxesarebasedqcx~avacaotIotofp~'draI
comtmc6on a~ex~nent)
a. F1Net texes paid i, ~ecun,entb:al. yeerofpo~e~k:n C:x4udmh. m) % eefeof.
peyabie h 1he f~scal year commefldng July 1.2000 If. at the ~ of dosing. ~e tax rote is noi celifed. theft the mc~t currenl. cedifed lax tale shert be USed
5 SPC--ClAL ASSESSMBITS. Seled: (A) o~
B. I"}SELLERS ~ Fey al insta~ of Ipecid messme which am aien on ~e Red Estate and. if not paid, wouk:l become delirK1uent during the calendar year this offer ~s accepted.
6 FIXTURES. A~x~pedyIi1Itiniegfa~ybekX1gstoixbpm1ofIheReeIEstate`whe~.m`tached~rda1ached.suchesNght~xiufe~shades.r~ds.bIinds~autemat~cgaraged~f~I:enesand
appimces~Niif~itemsandeiecIdcaiseNicecatI4e.~utside~eie~isi~ntowersandenteime~.fendng.gatasm`K~Iardscapingsha~1bec~nsidere4dapadofRea~Estateandats~indudngthe
7 DEED. Upon paymenl of Ihe pufchase ~:d:e~ SELLERS sheI1convey Iha Red Estate to BUYERS of their ass~gnees. by W.,d~j.h'TY Deed. ~ee and clear of ell liens. raslridKms
and m exc~ as Fovided in 1 (a) hough 1 (d). Any general warante; of title shall extend ~ly to rne time of acceptance of Ihrs offer. with specmal warrantms as to acts of
SELLERSoontinuinguptolimeofder, ew4Ny of the deed.
8 T1ME IS OF THE ESSENCE TimeisoftheessenceinrniscontracL
A The ~ as of ~e date of INs Agfeemenl indudng Ix,lGfffigs. IFo~. and sil imffove'nents wiil be I:x'esefved by lhe SELLERS mds t:xasent condt~on unti~ posses3m. oldnary west
and lear excepted, The SELLERS wan'ant Ihat Ihe heeffir, g. etec~l. plumbing. taxi air con.:ttioning systems and all induded applmnces will whether sublenl inspenlion se( forlh helenafter
of no(. be m ~ wnd0,~ order and concffion as of the date of ddNefy of posse.ion. The BUYERS shaft be petmilled acces~ to the Ixmerty pnof
son~e¢~inofdoftode~ecnmeIhat~hemhasbeenn~change~in~c~ncfdionofifm~x~pedyendr~aIiIisreadyfofBUYERS.p~ssessm
BTheBUYERSmUStCIxx:ee~neof~heks4b~Rt~g~MemaIk.ereimIiveI~Ibe~nddi~nandqueIityoftha~I:edy:
1) ["lWithin caIerdefdey'sm9erif~mdaie~It1eBuyersmay~aIIheh.sdeeq:er~Je~haverne~pedymspec1edbyapens~nofpers~nsotIhe~rch~ice The inspedon
shaft cove rne MA.K3~ COMPONENTS of ~e Reet E~ ~ beeti~ ly~le~l. cenlnd cooling systern. ptumb~ syslem. eledrK:al system. root. we!Is, cel!,~(j, toundatK>n and base-
menl. ifany. Wietin caiet~Ia.daysafIe.~of~1ek1q3edi~npeti~d`IheBI./YERSmus1n~Iifyinw~ingifteSELLERS~SdhngAgeP.~t:a~Ish~w~n~er~e~rk`of`~r~.ma~defF
de,-.;.es. The nc~'.;~G;,4, must be acc0qoeried by ao:xpy d~'lewtitten' ' rep~d and by"wdt1e~esijmale fr~m~quaIffied con~radof fof the~s~f rq:~a~r of such de~cency IN
THE NCE OF ~WR/TT~ NOT~3~ ANY DE"F1CIENCY WITHIN THE TIIv~.SPr~IF~D HE,RF~. ~ ISION SHALL BE DEEMED WAIVED BY PARTIES
· ' ' ....' ~ '
2) ~8UYERSa<:to'KNAedgethe`~heyhavabeen~dvisedof~1ek.~gMofpr~pedymendhavededinedtomakesaid~tspedK>n
10 WOO01:ESTROYING!,ISf:CTINSpECTIO~
A} I"JW'mein caIendm.daY~et~1efmd~cceptan~edsted~his~w~BUYERSmay~aIBjYERS`expen~eheve~heIx~penymspectedfof~ermi~as~othe.~ddes~r~y~xJinsects
byllcensedPeatklq)eckx. ~cIN~k1k~q8Ii3I1~dm1tegedueto~Nixinkstae~nis([~tc~vemd`SE~II:RS~Idheve~he~pIi~ndeithefI`qIhe~X~pedy~rea~edf~fmfesIati~nby
~icemed pei~8xI havingmy dmmage mpehdt~the BUYBrS eaIisfadi~n~x dadming ris Agreement v~id T~lxovis~shan nol apply to lences.~ree~.sh,ubs. of
6) 15~BLrfERS 8dol(Nte(~ i I'ley hive heel1 ad/ised d Iheir ~ dl pe~ i'lq)ecti0n md have daclned to fnd(e seid irlq~K)fl unless requited by lendng instilulson el whch lime sa~d
msoection world be Bu4/em"t ecense am'KI the Buyer wi have Ihe same miaMs es under I:e'80faoh 10A edive ~fe~tatm of da'naoe due Io ofo mfeslalmo~ rs o4scove<ed
Thepm~ed~yshdbedasmedsubela~tidydamaged~dsa~yed~i~c~bemto~ib~xesent~onorbe~daw;~~RSs~ .
12 USE OF PURCHASE PRICE. AI trne Of settlement, funds of the p~ pnce may be used to pay taxes Ind othat liens and to acquire o~tstam::kng roterests. i' ar~/. o[ olhefs
13 ABSTRACT AND TTTLE. SELLERS. at their expense. shall ~ obtam an mbsttad of fi0e to the ReaJ Estate c~lt~ecl hough Ihe date o~ acceptance of th~ offer. and dea~ver m l Io
8UYERS b' examirate. It shall show mntal:~e lifts in ,SELLERS names in conforml'/w~th ~ agreement, Iowa law, end Tiife Sh, ndan:b of the k3wa Slaw Bar A.~6ee The abstrad
SELLERS. indudng lransfers by or the dsaffi of SELLERS~x~/t mig~en~. ff, alhe~ee ofdoeing~mmM3tn'e~fitledajeClkx'a,b'~epmliasagreetoecmwf, mm the sale
r~ceeds~$u~c/entatn~unttoF~todtheBUYERS.inwfest`~uf~/~saidd3~di~n~a~xxecwd~d~wingam~imeforihec~am~said~t~ecikx~s;pmv~ded.h~wever.that'fh~e
c~mme~c~m~a~agefa~defof~he~UYERSw~n~(makethern~1gagefunds~rai~atiewIfh$uchescr~w.thepr~vi~mforesc~.~wf<x~fadefed~sha~inotbeapp~icat~
14 JO{NT TENANCY IN PROCEED~ AND IN REAL ESTATE If SELLERS. immeciatdy precectng IK:c~ptance of the offs'. hold title to the Real Estate m ~nt tenancy with full nght of
~u~vN~hip~and~hej~intwnancyisno~iawfdastmyedby~pefa~kmof~aw~rby~cts~f.~eSEL~ERS~hen~hem~issai.a~c~ntir~frec~tur~drights~rsELLERSm~
Reel Estate, shell bd, o~g to SELLERS as ~n{ lenants with MI rights o( suw/,/o~hip a~ not es tenants in common; andBUYERS. in Ihe event o~ the deeth d ether SELLER. agree to bay any
balance of the pnoe due SELLERS ufidar this contract to the $utvk~ SELLER and to acc~t a deed ~om the sotviving SELLER misle~l with paragraph 7
15 JOI NDER BY $ELLER*S SPOUSE SELLER'S sp:x~-~e. if not a t/tie hdder imm ediateht pmcedi~ acceptance d Ih~ offeL exectaes this contrad enly for the po~os e o~ rehnqu~sh~ of
of down. homeslead and distributive sham o~ in compliance with with Sectk3~ 561.13 of the ~ Code a~ agrees to execute the deed or real estate centracl f~ this
16 REMEDIES OF THE PARTIES.
A ifb~Ye¢sfadto1~elypertoemthisc~'n~rad~SELLERSmayf~rfeitdas~x~vdedin~he~waC~de~and~Paymentsmadesha~befnde~ed~`atSELLERS~pt~n~p~'nTh~r~Y(~3~days
wnilen notice of intention to ascelef~W ihe payment of Ihe enlire balance because o~ such failure (during which lhidy days such failure is not ceaected) SELLERS may declare the enhre
balance immedtatdy d~e and payable Thereslier this contract m~y be foxedused in equity and ~e Coud may sppo~nt a receNef
B~fSE~LERSfailtotimetypeff~fmthiscontrad.BUYERShavethe~ghitohavea~~paymentsmadereturn~dtothem
C BUYERS and SELLERS also are entitled to ufitize any and all olhef remec~es or ~lie~s st br, N O~ in equity availerie to them and shall be efttitled to ~tam iudgment for costs and
atlome/lees as permitted by
D 1ntheeven~heBUYERSfai~toped~¢~m~be~ci~igat~`~sbereundefandtheSELLERSsu~cessfu~tyf~tfeitanypaymentsmadeunderthisc~'n~rad`the~kefsha~receve~m~he
SELLERS one-half of lhe foalsited payment. ~id or.~aif nol to exceed the total commmm due ~o the 8d~ef, in the evil t~ SELLERS fail to perform SELLERS' d~gat~'~s ur~er Ih,s
contract when req. nred to do so. SELLERS shall pay to Brief the Br~e~ commissio~ in the amount ~et k~h in lhe SELLERS' Listing Agreement with the SELLERS' Broker
17 STATEMENT AS TO UENS. ff BUYERS intend to assume ~' take sub~ecl to a lien on the Reel Estate, SELLERS shall furnish BUYERS with 8 vaitWn statement p~ to doslag from the
18 APPROVAL OF COURT. If the sale o( the Reel Eslale is sut~ to Count apeoval. the f.;tx:imy shai Ixompify sut~nit this coofraci ~' soc~ a~c~wal. If this confracl ~s n& so ap~'oved by
the __ dayof __ eithefpaMymaydedate~c~nh`adndandv~id.~nda~paymentsmadehefeundefshai~hretumedtoBUYER~
19 CONTRACT BI N~NG ON SUCCESSORS IN INTERL%'T. This contract shall apply to and bind the successors and interest of the badies
20. CONSTRUCTION. W~ds and phrases shall be consb'ued as in the singular o~ p4ural numbor. and as mascufine. f~minine or r~H. iter 9endef. acceding to c~:~lext
:21. SURVEY AND SOUARE FOOTAGE REPRESENTATION. The BUYERS may, pdor to dosing. haw the ixopedy surveyed at lheir expense. If they sunmy. certified by a Ragisteeed Land
Surveys, shows any encroachment on said Fopedy ~' i' any improvements IocaWd on the sub~c't FoFedy encmech on lancb of olhers, ~ch enctoachments shaft be bee~ed es a tills defed
Assuming a representation for square footage .has bee~ made, BUYERS understand and agree that said reptesenta6on is only an approximation of the exact number of square fee! the
p~crerty contains The BUYERS have the rkJh! to obtain their own measurement oi' square
22 AGENCY DISCLOSURE. The L}sling and .Selling A~.onts./~'okem are agents of the badies he'eto as outlined below, 8nd their fiduciary dutes of Ioya~ and faithfulness are owed to the batty
they repre~lt. F-~, they must treat the offiat party with honesty and fairness,
The SELLER in INs bansaction is re(xesented by:
]rdcv~N F[AhqaC I E~J,,'~ CAt.~, 312~IC ['CROgCER ~ALTORS (A(:Jent/B~d~(erage Names}
The BUYER In INs trans~ is relxe~ented by:
~ FLe~cK, Leqc K~oEct~ grAnTORS (Agent~'okerage Names)
If Agent (inducing Al~dnted Agency) and/or Brokecage ('racing Censer~ual ~ Agency) I,m are $h<Nm as rerNesentjng bdh parties, a detaited eq:Janati~ of re~xesenta~ shal~ be
atlached. Fudhe..1heBUYERandSELLERac~n~wk~gethatPri~rt~$igningthisagreeme1t1hatetekrespediveListingorSeingAge~made~wd~e~desd~sareoftype~.f~e1:~`q~eentatkNq
23 [] R~IDENTtI, L PROPERTY SELLER D(SCLOSURE STATEMENT, The Buyer{s} acknowtedge recell~ of IN P~ Property Seller D(sclosure State sent prior to
executing thW Purchase Agreement. A copy of the Reeldenttal Property SeWer D~m $latomeflt Is at~ to ~e Purch,tee Agreement.
24 NOTICE. Anyn~tce requ~edundefthisAgreatnentsha~bedeemed~:~.fededwhenIfisreceVedinw~ingeithe~b/per3~tta~deiveqorup~nthedate~fthep~s~ng~(saidn~cep~s~edby
CedifedMait C~pes~faf~suc~no{iCessha~(bea~s~ee~ttotheListingAgentandSeingAgentasdsaignaladin6~Agreement.urtheirBrokers~
F~' the SELLERS C/O ST~VE AI'K~TS Address: 4 IO I~/,ST"~A~GTON SI'PJ~ET, IOWA CITY
Fo.~ the BUYERS: SA.NJA¥,,M',,'DJiGNAJAN~ Adde'es~: (~O~a/~ST'WINDSDRJY~][OW.ACITy
25 R~PP,~ENTATIONS. It ~s unde~slood lhat no retxesenlahons made by Ihe agent in the nego~atio~ or this :sale ate being rel~d upcNq unless tnc~qx~ated hefe~n or endorsed m writing
COUNr'r~ PARTS CLAUSE. All bades agree to be bound to this cor~fract even if eveq barty does nol sign on one ongmal, as long as each copy that is signed is KJentK:~l to eve~, olhef
signed copy
27. OTHER PROVISIONS. A,) b' ~Ug~D, SfLLF_,g 'WIL-L, ~'RO'V'E~S AN ADDITIONAL, I~G]r, htC¥ ~'Gi13~S DOOR AT TH~ RL4,R Og SAJD PRgM][SE, S.
I~) Tms orn~ is ~T TO BUYER'S mw k,,,m. A.r~ROW~L, Or S~G COV%N~ FI~IAJ~CONSI'RUCTION pL.ANS A2',rD Si. EC'IIrICATIONS, ~SH
ALLOWA.NCE$. AND SIGNAGE I~EGULATION~C ~ ~]0 DAYS OF ~ ACCII~TANCf O1~ THIS
C.) IT IS t.~DERSTOOD THAT THIS OlrlrlG~. MUST BE AI'PROVl;D BY "FI'EE IOWA CITy Crl"Y COUNCIL BY JUN~ 15, 2000.
28 TIME FOR ACCEPTANCE. {f this oaef s not accepted by SELLERS cn or beto<e 5:00 o'dock(PM),ee MARS, 2000
ti shall become vo.d and all payments shall be repaid to Ihe BUYERS
~THIS tS A LEGAL. BINDING COIlTRACT IF NOT UND ERSTOOO. SEEK COMPETENT LEGAL ADVICE ~
.t'~~~" DATED :]~YLAy I. 2000 a! I:00 (A M. P M
~ 570 r)~ 2452.- ~, /4~ t,
BUYER S$# BUYE
~o~ a-O
SELLER ,~If SE~
.Consensual Dual Agency. Addendure
(Io~k~treq~,~a%kdocamenitob~'lnml~Xp. edsnd' 'mf&lapplet~e ~p~ueaVeme~)
I. l}~IP~ON OF 81~ATION ~ ~
~p{~ Kruger REAL~R$ his mn agreement ~vRh {h~~b~c Kroeger REALTORS Is Seller's Age{, 1o sell ,r lease properly
I~plc Kruger RFA~O~3 h also {e~eledlng ~e B~rfienmnt a{ th~ 8t~r'l Agent Io ~cale properly for Ihe Buyer go purchase or lease. Buye{ now wishes 1o make an o.
Io pu{dase or ~lse $eHer'{ properly. and bo~h Seller and Bu~t wtsh to contin{m to use Ihe {errices of Leplc Krueget REALTORS who n~w
-. Conlen{ual ~d Agent.
2. D~CRIP~ON OF LEPIC KROEOER R~L~R$ ROLE
~um~ ~p{e Kto~g~ REAL~R$ h i~{ u steel for both $$~t nnd Bu~r {n ~ transaction. ~plc Kroe~er REA{IO US shall m eke evil y m euonable effort to tamale
Ital to ~er ~nd Du~r. 1{o%~, teprelendn~ more ~n one pg~y to a {f~Ds~ctio~ could ~ent some concern since both clients may rely upon U~e Age.t's advice, and clier
tespe~l~ Interes~N miy ~ idve.n to e{~ o~et. Agent w~ endn~r to ~ {mpsfi~l between SoBer and Buyer and will nol represent {he inherit of cid~ct the ~c{ler or Buye
· e exclusion ot detriment of Ume o~er.
~l~t nnd B~er mdnowledge ~{l prior ~o ~e time th~ ~nsensud Dual Agency ~as enlered Into ~pic Kroeger REAltORS acted ag the Exdmlslvc Agenl o[
nnd ideal ms ~e Ex~slv{ Ajs~ of Burr, In {hos~ gepKr{te roles. Agent may hart ohtdned Information ~'hlch, it disclosed, could harm the bargainEaR Dos{don o{ the
~ovid{n( ~ch Informlion to AgenL
~l~r and Beyer aFee ~{t ~plc K~eger REALTORS Ihd not ~ Ilnble 1o either pEt{y I~r refusln~ or falUng 1o disclose Informnation which In (he A ale discsado, of the A
would h~m on~ party*s bugdoing posRIon but ~ould ~ne~ ~e other party,
~e foBowing Information unnot ~ ~dosed ~ ~plc Kroegsr REALTORS when ~lng as d,al agents wl:hou{ the ~t[~ c{ {he c[}er~{ to ~hom {he
ma~on ~rlalns:
A. ~al B~r b w~in~ to pay*more than ~e pur~.n ~ln offered lot the property.
B. ~t SeH~ b wBUn{ to mc~ le. ~an ~e ukln{ ~1~ lot ~e plopsoy.
C. ~gt motivating fa~eu ue for any de{ b~nl. Ne{2nl or ]~ln(, property.
D. q~at ~e~ ~l s~ to ~andng ~, o~sr ~{n ~{e offered**
~, D~CRIPUON OF BROKE~OE 8ERVI~
A. Ba~p~c~e~eZR~L~R~ndh~us~N~e~ersandBu~rswhenac~ngasC~ns~nsudDna{A~en~s:
~Hde help~ ~{otm{tlon ibou{ ~e prope~y and are~ to Boyer.
Rupond a=utmly to ~ns abo~ ~e ~perty.
~do)e ~nm~ qu~t~ns of B~r trSeUer.
~p)m~ teal e~te {~ml {nd
~pldn 1o B~ ~e ~na~ ~{ h~ng ~e property invaded.
}{e{p ~e Bu~ eomp{n Hnnndn( ds~m(lwm.
~udde Information about ~mp~ble ~pett{e, lo.~H~t mad Bu~t mty m~e an adu~nd ds~{on on-~hat price In accept or offer.
Asshi d ~ ~mnd~d offu b~ ~gd bdu~ ~e ne~mmuy ptote~lou ud dsdolurel for Seller and B~er.
Work agent~ Io ledate ~e I~ dh{n ~e I~ o{ ~r experthe and r~mend when outdde experts should ~
·~rm Bu~ or Se~n ~et ~ ARE NOT R~RED Io co~s~ Io dual agency.
~odde brokerage Id~ to B~r and ~ ~n~tly ind In good
· ~sdose to ~r ud ~r d mmts~ id~r, fm~ ~et ue known ege~/or ~e
1. ' k{ller~ saline ft~ kn~ ~ B~f ~d ~r.
2. ~{er~ ad'~rse.Etd! ~r or 8tier could ~co~r ~rouSh, re~nnbly d[filent Inapedion, and whi~ woo{d be disco~red by ~ rnsonably prudenl pew
und~ ~ or shHar
3. Material addfie lads ~e ~dosme. of ~ ~ poWeRed ~
4. MmI~ redone fa~N ~m( ue ~ to I pnon who conduds in Ins~dlon on b~a]{ of Burr or SeUer.
C. - A~unl for d Fo~ comlhg ~to ~e poeearn H ~plc Krdeger REAL~U ~at ~longs to Bu~t or Seller ~ifidn a reasonable time oi receiving
D. ~do{e m e~ c~e~ d ~fotmat~n kn~n ~ ~plc ~g~ KEA[,~RS that Is martial to Ihe ~ansnctlon and ~at ~ not known by O~e client or could not be
~rdd by the dent ~rouSh { te,onmbiy dUgeat ~pedlon,
E. FuUiR may obQSatlon thfi b wl~in the gcope ol the Igenq agreemolar, except {hose obiignllons the{ are b~conllsten{ wl{h other dntle~
I~plc ~Hger R~AL~RS'h, und~ I~ ~g ~ or ~ other
~. ~!doselny ~nlnd{lhtete~N~emgeMotlhe~kertNe hu~ anybuslnessentRytowhldtthe egent oT brokerage relate a client lot ~ny service or produd{elated
trtnslct~.
4. D~CRIPTION OF 8BL[,~'8 AND BUYER'S ROLU
Bemuse of Ageh{'s Consensual hd Agenq rdat~nsh~, ~ and Bt~t understand Ihit thq ha~ ~e responsibility of making U{elr own decisinns as to what terms are
Included · any pur~Me 18~me~. ~Het lad Burr ~o mdno~ed~6 ~lt thq are aware o{ ~e ~pllut~ns of ~plc Kroeger.REAtlORS dud agency role. and {hal Uaey ha
d~tctmlned Ihnt ~e ~ner{s Ol eMefinJ Into ~ {rensldfon ~t~en them end ~plc K+oeg~ REAL~RS out~l~h said Impliutlons. Seller and Burr nndersland that Utey
seek Independe~ lead counsel ~ order ~o umbt ~em ~{h any matter relating to a p~age agreement or {o the (ranladlon which ts time snb{ed alllet o{ a p,lchase
meat.
5. IF FURCI[ASE AUR~ l~ ~OT ACCEDED OR ~ES NOT CLOSE
In the ~nt ~nt ~efi~ and B~r do not ante{ I~o an mFeement lot pm~lse and sa~ of ~elle~ 's property to Buyer. or h} Ome event Ihal Ihe {n,{chue end sale provided
pw~ue {8~ement ~t~n ~e Sder mad Buy~ do~ not dole. ~en ~e ~nxen~d Dun{ Agen~ ro]e of Lepic Kroe~er REAr:rORS will cease and Lepic Ktoege~ REAl.TO}
wH ~om6 ~e ex~sh~ Agent of Buy~ and SoBer bued on ~edously a~Hd tar ms.
AOEN~ DISCLOSURE AORE~
~l~r nod B~r idnmvl~Se lad iFee ~at ~plc Kroe~er REALTORS b underliking i Consensual Dun{ Agency reprnenlatlon In ~e sale of the above properly.
~t I~d B~{t h,e pr~ous~ been ~fmmed o{ ~e pol/~y o[ i ~nJeh~l] ~11 Agen~ ulslng if ~ Burr working wilh an Age,t beco rues interested In a ]uoper{~ listed
~p~ KroeS~ REAL~RS. Hadn~ Tend ~e type of ~presentntlon to be p~vlded. SoRer and Buyer consent Io lids disclosed dual agency and hereby confirm by
Signature(a).
B~r'I ~gnntum ~te Solar'/Signslure [)ale
Dale
Buyer's ~Jnatute ~te ~eUer"s Signature
EXHIBIT "A"
DECLARATION OF CONDOMINIUM
TOWER PLACE AND PARKING
PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a
public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public
parking structure is to include a private parking area appurtenant to a public housing facility, as well
as certain privately owned commercial units in a horizontal property regime. As a result of this
unusual combination of various ownerships, certain departures from condominium practice are
implied. Among those departures is the fact that the basic structure is not a common element as
defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The
common elements subject to common ownership and a portion of expenses are deliberately few in
number. The association of owners, denominated by the declaration as the Council of Co-owners,
has a limited role and is formed as an unincOrporated association, meeting only on an ad hoc basis to
perform the limited functions necessary.
The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is
hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999)
named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and
obligations as specified in this declaration.
ARTICLE I
DESCRIPTION OF LAND AND BUILDING
A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4,
Block 61, Iowa City, Iowa, according to the recorded plat thereof.
B. Description of Building. The building subject to the regime shall be a 6-level parking facility
including spaces for commer~;ial units on the west end, as well as commercial spaces at the
northeast corner of the building along Iowa Avenue, and along Gilbert Street. The
commercial units on the street level along Linn Street shall be constructed so as to allow the
later construction of a mezzanine. The configuration of the building and the composite
building materials are all shown of record on the building plans attached hereto as Exhibit A.
ARTICLE II
UNITS
The units of the condominium regime, being those areas susceptible of separate ownership as
described by the Horizontal Property Act are relatively located as shown on the schematic diagram
filed with this Declaration as Exhibit B and are further described as follows:
A. Unit 1A.
1. Definition of Space. Unit 1A is located at the southwest corner of the street level of
the structure, consists of 3,827 square feet and allows for future construction of a
mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The
unit is bounded on the bottom by finished floor elevation of 680.00, on the top by
the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of
the wall separating Unit 1A from the remainder of the structure and from the outside.
Unit 1A excludes the stairway located at the southeast corner, as such stairway
exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A,
which stairway is a limited common element appurtenant to Units 1A and 2A as
defined herein.
2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the
right of access to said unit over and across the portion of Unit 3 labeled on the plans
as Exit Court, which Exit Court accesses the public street and the public elevators
and stairways at the east end of the Exit Court, which in turn has access to the
public parking on each of the parking levels.
3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and
therefore devolving to succeeding owners of Unit 1A without special reference to
such rights appearing in the conveyance documents are the following ownership
rights which are limited common elements of the condominium regime.
a. An undivided one-half interest in the stairway at the southeast corner of Unit
1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by
the top elevation of Unit 2A, on the sides by the inside surfaces of the
concrete walls defining the stairwell. Maintenance responsibilities shall be
apportioned between the owners of Units 1A and 2A, as those owners may
from time to time determine by written or unwritten, recorded or unrecorded
agreement. The City shall have no maintenance responsibilities for this
stairway. The door from the stairway to the exterior shall be part of Unit 3,
but shall be maintained by the owners of Units 1A and 2A, as they may
determine.
b. Seven City of Iowa City parking permits for parking without fee in the
parking portion of the regime, two of which are to be specifically located on
the ground level of the parking in the south parking bay directly east of the
transformer. These parking rights may not be sold or assigned separately
from Unit 1 A.
B. Unit 1B.
1. Definition of Space. Unit 1B is located at the northwest corner of the street level of
the structure, consists of 3,958 square feet and allows for future construction of a
mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The
unit is bounded on the bottom by finished floor elevation of 680.00, on the top by
the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of
the wall separating Unit 1 B from the remainder of the structure and from the outside.
Unit 1B excludes the stairway located at the northeast corner, as such stairway
exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A,
which stairway is a limited common element to Units 1B and 2A as defined herein.
2. Easements Appurtenant to Unit 1B. The owner of Unit 1B shall have the right of
access over and across that portion of Unit 3 labeled on the plans attached as Exhibit
B as the Exit Court, which Exit Court accesses the public street and the public
elevators and stairways at the east end of the Exit Court, which in turn has access to
the public parking on each of the parking levels.
3. Limited Common Elements Appurtenant to Unit 1-B. Appurtenant to Unit 1 B, and
therefore devolving to succeeding owners of Unit 1 B without special reference to
such rights appearing in the conveyance documents are the following ownership
rights which are limited common elements of the condominium regime.
a. An undivided one-half interest in the stairway at the northeast corner of Unit
1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top
by the top elevation of Unit 2A, on the sides by the inside surfaces of the
concrete walls defining the stairwell. Maintenance responsibilities shall be
apportioned between the owners of Units 1B and 2A, as those owners may
from time to time determine by written or unwritten, recorded or unrecorded
agreement. The City shall have no maintenance responsibilities for this
stairway. The door from the stairway to the exterior shall be part of Unit 3,
but shall be maintained by the owners of Units 1 B and 2A, as they may
determine.
C. Unit 1C,
1. Definition of Space. Unit 1C is located on the lower Isvel of the north side of the
building along Iowa Avenue having gross area of 4,044 square feet being defined on
the bottom by finish floor elevation of 670.00, on the top by ceiling elevation varying
between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls
defining the unit as shown on the attached plans.
2. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement
for access to such unit over and across that portion of Unit 3 that is shown on the
plans to be the hallway leading from the southeast corner of the unit connecting to
the entrance court from Gilbert Street, and over the entrance court itself.
3. Easements to which Unit Ownership is Subject. None.
D. Unit 1D.
1. Definition of Space. Unit 1 D is located at street level of Gilbert Street at the
northeast corner of the building. Unit 1D has gross area of 3,145 square feet and is
bounded on the bottom by finish floor elevation of 666.67, on the top by finished
ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the
inside surfaces of the walls defining the unit as shown on the attached plans.
2. Easements Appurtenant to Unit 1D. The owner of Unit 1 D shall be entitled to an
easement for ingress and egress to said unit over and across that portion of Unit 3
which is the hallway affording access to the southwesterly portion of Unit 1D and
over and across that portion of the entrance court off of Gilbert Street leading to the
southeasterly entrance of Unit 1D and to the entrance to the hallway described
above.
3. Easement to which the Unit Ownership is Subject. None,
E. Unit 1E.
1. Definition of Space. Unit 1E is located on the east side of the street level of the
building along Gilbert Street, immediately adjacent to the south of the entrance court
providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and
is bounded on the bottom by finished floor elevation of 666.67, on the top by
finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides
by the inside surfaces of the walls defining the unit as shown on the attached plans.
2. Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an
easement for ingress and egress to said unit over that portion of Unit 3 that is the
entrance cour, t off of Gilbert Street.
3. Easements to Which Unit Ownership is Subject. None.
F. Unit 1F.
1. Definition of Space. Unit 1F is the reserved parking area on the lower level, having
access to the public street system on Gilbert Street and having gross square footage
in the amount of 15,500 square feet, all as shown on the plans, which unit is
bounded on the bottom by the sloping surface having variable elevation forming the
bottom deck of the parking within the unit, on the top by the underside of the level
of parking next succeeding vertically, on the south side by the inside surface of the
exterior walls of the structure, on the west by the inside surface of the most
westerly wall of the lower unit, on the north by the south wall of the areas labeled
successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical
Room, landscaping, snow pit, landscaping", and then following to the south of the
inside surfaces of the wall defining the westerly portion and southerly portion of the
area located on the attached plans as 1E and on the east by the projection of the
inside of the support pillars of the ingress and egress onto Gilbert Street, excluding
from such'area the stairway (as defined by the inside surfaces of the cbncrete walls
forming the stairwell) and the elevator shaft and entrance lobbies for the elevator,
both located at the southwesterly corner of the unit. The unit includes the parking
gate equipment located therein.
2. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1F is an exclusive
easement, existing for so long as Unit 1F is appurtenant to a public housing project in
which all units are occupied by residents who are initially admitted by qualifying for
some form of rental assistance, or is subject to a mortgage and Regulatory
Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in
Book 580, Page 100, respectively, for ingress to and egress from the ground level to
the surface level of Unit 1F over and across the stairway and elevator (with
associated lobbies) described in Paragraph 1, immediately above.
3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement
for ingress and egress in favor of the City to the eastern-most area labeled
"landscaping," immediately to the north of the unit. Such access will be exercised
through the doorway from Unit 1F into the eastern-most area labeled "landscaping"
and will be limited to such times and in such manner as is reasonable in light of the
parking use of the owner of Unit 1F.
4. Maintenance Responsibility for Stairway and Elevator. The City shall be responsible
to maintain the mechanical and electrical systems associated with the elevator
excepted from the definition of Unit 1F. The owner of Unit 1F shall be responsible
for routine cleaning of the elevator and associated lobbies and the stairway ,over
which the owner of Unit 1F has an access easement. The City shall indemnify and
hold the owner of Unit 1F harmless from damages resulting from the City's
performance or failure to perform its maintenance obligations described in this
paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for
damages resulting from said owner's performance or failure to perform its
maintenance obligations described in this paragraph.
G. Unit 2A.
1, Definition of Space. Unit 2A is the commercial area located on the second full level
at the west end of the building. Unit 2A has gross area of 7,674 square feet and is
bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to
713.33 feet, and the inside surfaces of the exterior walls defining the area, not
including the space labeled "Open to Below", (immediately below the clocktower)
and excluding the elevator, stairway, and lobby area along the easterly side of the
unit, and further excluding the stairways at the northeast and southeast corners of
Unit 2A.
2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of
ingress and egress over and across the entryway and stairway and elevators leading
from the second level down into the exit court on the first level, and up to the
parking levels.
3. Easements to which Unit Ownership is Subject. None.
6
4. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A, and
therefore devolving to succeeding owner of Unit 2A without special reference to
such rights appearing in the conveyance documents, are the following ownership
rights, which are limited common elements of the condominium regime.
a. An undivided one-half interest in each of the two stairways located at the
northeast and southeast corners of Unit 2A, bounded on the bottom by the
respective bottom elevations of Units 1A and 1 B, on the top by the top
elevation of Unit 2A and on the sides by the inside surfaces of the concrete
walls defining the respective stairwells. Maintenance responsibilities shall be
apportioned, in the case of the northeast stairway between the owners of
Units 1B and 2A, and in the case of the southeast stairway, between 1A and
2A, as these respective sets of owners may, from time to time determine by
written or unwritten, recorded or unrecorded agreement. The City shall have
no maintenance responsibility for either stairway. The doors from each
stairway to the exterior shall be part of Unit 3, but shall be maintained, as to
the north door by the owners of Units 1B and 2A, and as to the south door
by the owners of Units 1A and 2A as they may respectively determine.
H. Unit 3.
1. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts
of the structure not specifically defined as lying within any of the other units or
limited common elements. Unit 3 shall consist of all structural elements of the
structure or limited common elements, including all walls separating Unit 3 from
other units or from the outside, including all windows and doors in these walls.
2. Easements Appurtenant to Unit 3. The City reserves right of access over and across
Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by
the plans to be north of Unit 1F.
3. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as
above described in favor of the commercial units 1 A, 1 B and 2A over and across the
exit court adjacent to Linn Street and the elevator stairway core immediately
adjacent to the exit court providing access to the commercial spaces and to the
public parking area. Unit 3 is further subject to easements for ingress and egress in
favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core
having access to Gilbert Street and is subject to the access easement in favor of Unit
1F as described in Article II, F2, above.
I. Provisions Applicable to all Units (Except Unit 3)
1. Defining Surfaces of Units {Except Unit 3). 'The unit definitions above describe the
boundaries of the various units (except Unit 3) to be the "inside surfaces" of the
walls forming the units. Each of these walls is a poured concrete wall, such that the
unit boundary is to be the surface of the wall closest to the unit being defined.
Similarly, the floors and ceilings are formed by poured concrete surfaces, such that
the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close
to the unit being defined. The implication of these definitions is that Unit 3 contains
all concrete walls, floors and ceilings, but the individual units include all studs,
drywall, subflooring, drop ceilings or other structural elements affixed to the concrete
surfaces.
2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside
surface of any floor or ceiling for which an elevation is given above as a defining
plane of any unit varies, due to construction irregularities, from the planned
elevation, the unit shall be defined by the surface as actually constructed.
3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be
excepted from each unit {except Unit 3) any portion of a structural element
contributing to the rigidity of the building which projects below the elevation stated
above as the top surface of the unit. '
4. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1 F and 2A may be subdivided into
smaller units, susceptible of separate ownership, subject to the following limitations:
a. No division shall affect the exterior integrity of the structure without the
express permission of the owner of Unit 3, as expressed by the City Manager
or his designee.
b. No resulting unit shall be smaller than the original size of Unit 1-E. {Unit
is therefore not subject to subdivision).
c. All procedures for subdivision specified below are followed.
8
5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible
for separate ownership, the owner of the unit to be subdivided shall file with the
Johnson County Recorder a document entitled "Amendment 6f Declaration of
Condominium for Subdivision Purposes", which document shall contain the following
provisions:
a. A description of the newly created subunits, as illustrated by a graphic
representation filed with the amendment.
b. A unique designation for each subunit, using as a basis the original unit
designation,
Example: If Unit 1A is to be divided into two subunits, the filed
documents should designate the subunits as Unit 1-A-
1 and Unit 1-A-2.
c. An allocation of easements to which the'original unit is subject and which
are appurtenant to the original unit among the respective subunits.
d. An allocation among the proposed subunits of the percentages of
responsibility for common expenses and of voting power originally assigned
by this Declaration to the unit to be subdivided, based on relative areas of the
property subunit.
e. Special Restrictions on the Subdivision of Unit 1 F. In addition to the
requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1F shall
involve relocation of the entrance to the parking area from Gilbert Street or
involve the use of any subunit for short-term parking.
6. Cross-Easements. Each unit is entitled to an easement over all other units for the
placement, operation, maintenance and replacement of utility services, such as gas,
electric, water and sewer, telephone, cable television and any other service utility, as
shown on the plans filed with this Declaration.
7. References to the City. Throughout this declaration, references are made to "The
Declarant", "The City", and "The Owner of Unit 3." All of these terms are
interchangeable and refer to the City of Iowa City, Iowa.
ARTICLE III
COMMON ELEMENTS
A. General Common Elements. The general common elements of the condominium shall be the
following:
1, Land which is dedicated to the regime.
2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room".
3. The heating unit and cooling unit located within the Mechanical Room and associated
ductwork from the heating and cooling unit to the boundaries of the respective units.
4. The electrical service to {he electrical service box from the street.
B, Basis of Allocation of Expenses Regarding Common Elements.
1. To the extent that any expenses to the common elements are measurable by
metering the allocation of those expenses for general common elements shall be
allocated based on the meter readings. To the extent that the expenses of common
elements may not' be allocated based on meter readings, the following percentages
shall be used:
[Init.~ % nf F×pen.~e
1A 18.4%
1B 18.9%
1C 13.7%
1D 10.6%
1E 3.8%
1F 0%
2 25.9%
3 8,7%
This allocation represents the relative proportions of heated and cooled space within
the regime and does not represent ownership proportions.
C. Limited Common Elements. For description of limited common elements within this regime,
see Articles IIA3, lIB3 and IIG4.
10
ARTICLE IV
ADMINISTRATION OF COMMON ELEMENTS
A. Council of Co-Owners. The body administering the common elements shall be known as the
Council of Co-Owners, composed of all owners of units in this regime with one membership
with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this
article of the declaration which shall stand as the by-laws of the organization. The
organization shall be unincorporated. For the purpose of determining membership in the
Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect
to that unit, except in the event of a unit having been sold by recorded installment contract,
in which case the contract vendee shall be the member. In the event of multiple fee
titleholders or multiple contract vendees of a unit, the membership rights for that unit,
including voting, shall not be divided, but shall be exercised in a block as the multiple co-
owners may determine among themselves.
B. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular
meetings, but shall convene on written notice to all owners by any owner, which notice shall
be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject
matter for the meetings shall be limited to any issue concerning the common elements, the
charges arising therefrom, or the termination of the condominium regime.
C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for
which will be the presence of owners owning at least 50% of the voting power as described
in this paragraph, the following voting rights shall be recognized:
1. For all issues concerning the common elements, except amendment of the
declaration or termination of the regime:
tJnit.~ % nf Tntal Vnte
1A 18.4%
1B 18.9%
1C 13.7%
1D 10.6%
1E 3.8%
1F 0%
2 25.9%
3 8.7%
11
2. For amendment of the declaration or termination of the regime:
Unit % nf Tntal Vnte
1A 2.4%
1B 2.5%
1C 1.8%
1D 1.4%
1E 0.5%
1F 6.8%
2 3.4%
3 81.2%
This allocation represents the percentage ownership interest of the respective units in the
common elements.
D. Recordkeeping. The City shall keep the records of all the meetings of the Council of Co-
Owners.
E. Information Regarding Common Expenses. All charges for repairing, maintaining and
replacing the common elements shall be received by the City who shall then calculate the
shares of the respective owners as p~ovided in Article Ill above and shall present statements
for the same to the respective owners.
F. Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from
the Declarant of shared common expenses, individual unit owners shall remit to the
Declarant their respective shares of common expenses.
G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be
subject to the collection remedies as described in Section 499B.17 of the Code of Iowa
(1999).
H. Amendment to this Article. It is stated that amendment to this article, serving as by-laws of
the Council of Co-Owners may be made in the same fashion as provided herein for the
amendment to any other of the provisions of the Declaration.
12
ARTICLE V
N BY CASUALTY MAINTENANCE RESPONSIBILITIES
the regime, the ;ct to Access Easements. The City shall maintain the areas shown on
excluding the units the exit court and public stairways (not including the stairways that
>ject to allocation. ements appurtenant to Units 1 A, 1B and 2A) and the public elevators
~sualty insurance for ways, and the elevator located within the confines of Unit 1F in a
h the manner in which the City maintains other public buildings such
ecreation Center, and Public Library, or otherwise in a safe, sanitary
or total destruction of
;r, including snow and ice removal.
~e structure to its
cides not to reconstruct hers of Dumpster Areas. The City shall assign to each unit owner a
non-declarant owners as ~rea. The City shall maintain the exterior walls of the dumpster areas
ruct must also receive d plans. The individual owners shall be responsible for their own trash
o have consented to the responsible to correct any condition caused by the owner or its trash
.hall be deemed to be Jo dumpster may be placed in the public alley. Any individual owner
~nd sale, the proceeds the dumpsters and dumpster areas in a safe, sanitary and serviceable
des to reconstruct after .=xpenses incurred by the City in performing such maintenance, after
~ shall be the ~wner specifying the particular failure, to which notice no corrective
:ividual insurance ~in 10 days.
r of the Structure and the Parking Surfaces. The City shall maintain the
Dr any reconstruction e public area and the exterior of the structure in a safe, sanitary and
;ifications of the original included in this obligation is the obligation to clean the exterior
ture, including the individual units, at least once a year during March,
~uch that only parts of a
~e expense of ausing Corporation of Unit 1F. The maintenance of all of the facilities
e performed by Ecumenical Housing Corporation. Included in this
arking surfaces, lights and parking gate equipment. For maintenance of
~s after the casualty, the lobbies and stairway serving Unit 1 F, see Article IIF5.
'~e reasonable costs
.A, 1B, 2A, 1C, 1D and 1E.
~er of Units 1 A, 1 B, 2A, 1C and 1 D shall perform all maintenance on all
ind equipment located within its respective unit. Each of the unit
perform no alterations affecting the structure without the written
the City, provided that interior decorating may be performed without
~1o work on the exterior of the structure shall be permitted without the
ssion of the City.
13
2. The owners of the units 1 A, 1 B, 2A, 1 C, 1D and 1E may affix signs to the exterior
of the structure consistent with the provisions of the Iowa City Sign Ordinance and
with the written permission of the City pursuant to then-existing written policy on
signage adopted to assure compatibility with the appearance of the structure as
expressed by the City Manager, or his designee. After permitted installation of such
a sign, maintenance of the sign shall be the responsibility of the unit owner to which
the sign pertains. If an owner fails to reasonably maintain an installed sign,
Declarant may perform such maintenance and assess the owner for the reasonable
costs thereof, after written notice to the owner specifying the particular failure, to
which notice no corrective response has been made within 10 days.
3. The owners of Units 1 A, 1 B, 1 C, 1 D, and 1E shall have the responsibility to remove
snow from the public sidewalk adjacent to their units to the same degree as other
Iowa City owners have, as specified in the City Code. The City shall remove snow
on the remainder of the sidewalk.
4. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1 E shall have the obligation to
maintain the doorways and windows to their units, including the obligation to replace
any broken glass and to perform any cleaning required on a more frequent basis than
the Declarant cleaning described in paragraph V, C.
5. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D and 1 E may perform, but shall not be
required to perform, at their own expense, maintenance, such as cleaning, on the
portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units.
Any unit owner performing such maintenance shall hold the Declarant harmless from
any damages arising from it.
F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit
owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited
common elements or to a unit owned by another, the responsible unit owner shall be liable
for such damage.
14
ARTICLE VI
RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY
A. Casualty Insurance. Since Declarant is the owner of the structure of the regime, the
Declarant shall provide the entire casualty insurance for the building, excluding the units
other than Unit 3. As such, casualty insurance is not an expense subject to allocation.
However, non-declarant owners of any unit shall be responsible for casualty insurance for
any damage occurring within their respective units,
B. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of
all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its
originally constructed condition, except in the event the Declarant decides not to reconstruct
and receives the permission of 75% of the total voting power of the non-declarant owners as
described in Article IVC2. A decision of the Declarant not to reconstruct must also receive
the consent of all of the mortgagees of the non-declarant owners who have consented to the
decision. In the case of the decision not to reconstruct, the regime shall be deemed to be
dissolved and subject to partition and sale. In the event of partition and sale, the proceeds
shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after
a casualty, reconstruction of the improvements of the individual units shall be the
responsibility of the individual owners, funded by the proceeds of individual insurance
policies, or otherwise, as the owner may determine. '
C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction
after a casualty shall be substantially the same as the plans and specifications of the original
structure.
D, Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a
unit are affected, the individual unit owner shall be responsible for the expense of
reconstruction and repair.
If a casualty affecting only a single unit remains unrepaired six months after the casualty, the
Declarant may cause the necessary repairs to be made and impose the reasonable costs
thereof as a lien on the affected unit.
15
ARTICLE VII
USE AND OCCUPANCY RESTRICTIONS
A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall
have access to and use of the Mechanical and Electrical Rooms which are common elements
of this regime for purposes of installation, operation and maintenance of such service
equipment relating to each unit as may be located in these rooms. No unit owner using the
mechanical and electrical rooms shall impair the reasonable access to or use of these rooms
by any other owner. No storage of any type shall be permitted in the Mechanical or
Electrical Rooms.
B. No unit owner shall make any use of any unit which threatens the ability of the City to
obtain any appropriate insurance coverage.
C. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A
may be made available under the parking policies from time to time adopted by the City.
D. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their
units subject to the following conditions:
1. The lease must be in writing.
2. The lease must provide that the leasee is subject to the provisions of the
condominium declaration and that failure by the tenant to comply with the
condominium declaration shall constitute a default under the lease. The lease shall
contain the acknowledgment signed by the tenant that the tenant has received
copies of the declaration.
3. No lease shall allow relocation of the entrance to Unit 1 F from Gilbert Street or shall
allow the use of Unit 1F for short-term parking.
16
ARTICLE VIII
TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP
Any termination of the status of the regime as a horizontal property regime under Chapter 499B of
the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The
undivided interests of the respective owners after termination shall be as described in Article IVC2.
ARTICLE IX
AMENDMENTS TO DECLARATION
This declaration may be amended by an affirmative vote of 75% of the total voting power of the
regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that
no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement
rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its
first mortgagee have consented in writing..The maintenance obligations of the City expressed herein
cannot be reduced without consent of all non-City owners. The amendment to the declaration is
effective upon filing of a copy of the same in the office of the Johnson County Recorder.
Signed this day of ,2000.
CITY OF IOWA CITY
by:
Mayor
by:
City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this day of
2000, by , Mayor, and
City Clerk of the City of Iowa City, respectively.
Notary Public in and for said State of Iowa
My commission expires:
17
EXHIBITS
A. COMPLETE BUILDING PLANS
B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS
18
p6-;-OO
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-194
RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND THE HOMEBUILDERS ASSOCIATION OF IOWA
CITY FOR CONDOMINIUM UNIT 1-E IN TOWER PLACE AND PARKING AND TO
DISPOSE OF UNIT 1-E IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC
HEARING FOR JUNE 20, 2000.
WHEREAS, Tower Place and Parking a/k/a Iowa Avenue Multi-Use Parking Facility includes
commercial space which has been marketed for sale to the general public; and
WHEREAS, the City has negotiated a purchase agreement with the Homebuilders Association of
Iowa City for condominium unit 1-E in said facility, which purchase agreement is attached hereto
and requires City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council does hereby declare its intent to approve the attached purchase
agreement between the City of Iowa City and the Homebuilders Association of Iowa City
for unit 1-E in Tower Place and Parking a/k/a Iowa Avenue Multi-Use Parking Facility and
to dispose of said property in accordance with said agreement.
2. A 'public hearing on said proposed disposition should be and is hereby set for June 20,
2000 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council
thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of
public hearing to be published as provided by law.
Passed and approved this 13th day of June ,20 00
R
ATTEST: CI~LERK c-,
City Attorney's Office
E~eanor~res\towepl.doc
Resolution No. 00-194
Page 2
It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
X Vanderhoef
X Wilbum
B RESIDENTAL REAL ESTATE PURCHASE AGREEMENT ~
REALTOR®
Date of Agreamant: ~2JOO
TO CITY OF IOWA CITY (SELLERS:),
REAL ESTATE DESCRIPTION. The undersigned BUYERS hereby offer to buy real estate in JoltNeoN County, Iowa. Iocallf known as:
UNIT I-E (L I93 SO. FT.I. TOWY, R PI.& CE. GII.RF, RT ~;T.., L C. ANDFOCLOWINGTHELEGALDESCRIPTIONCONTAINEDINTHETITLEDOCUMENTBY
WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY. SUBJECT TO APPROVAL OF BUYER'S ATTOf~. or described as follows:
w~th any easements and appartananl sefvienl aslates. and sublect to the fdbwi~: (a) any zoning and other ercinancee; (b) any covenants of recor'd; (c) any easemants of record for pubhc
utilites. roads and highways; and (d) L~NS, EASEIVIENTS, IN'TEI~STS OF OTHZRS, (consider: liens, othe~ easements, i~tereats of others) designated the Real Estate;
praydad BUYERS. on possession, are parmilled to make the following Use
2 PURCHASE PRJCE. The Purchase Price shall be $ 155,O90. OO , ( OI~TE YH,~iDRED
DOLl .ARS )llnd the method of paymast eha~ be as foilova: S l,O00, OO
with this offer to be daposited upon acceptance of this offer, in the lrust accounl of LEPIC-I<I~OEGER REALTORS
to he ddivered to the SELLERS upon parto~mance of SELLERS' obhgations and salts|as|ion of BUYERS' contingencies, if any, and the balance of the purchase prw:e as designated bebw
Select (A) (B) a~or (C) or {~)
A: ["}NEW MORTGAGE: CONV
This Agreement is contingent upon the BUYERS d~taining e written commitment for a first real estate mortgage for % of the purchase price with }ntsrast on the promisscxy note
secured thereby of not more thank% amod{zed over a term of no} {ass than ~.years, wiffi a bat{Don due dale of not bss than ~.years. BUYERS agree to pay
no more than % for k~an origination f~as and poinls, and to pay in edcttion at{ oiher cUstomary {Dan costs. BJYERS agree upon acceptance of this offer Io immed~atdy make
epp{icalton for such mortgage with a commercial mortgage lander and to exercise 9oDd faith efforts to oblajn a mortgage commit'nan| as above provided. Upon receiving wdtien loan camrail-
ment~(supp~c~edbythe{ender.srequiredappre~sa~)~BUYERSshaHre~easethisconi~ngencyinw~~~n9 {fBUYERShavenotobtainadawrillenmodgagelcencommitmentcontainingthe
above terms, or terms acceplal~e to BUYERS on or before lhe day of either SELLERS or BUYERS may declare this agreement nu{l and
void and al{ payments made hereunder shall be returned BUYERS shah pay the he{ance of the purchase pdce at the time of the dosin9 by cornbinatk)n of BLrt'ERS' personal funds and the
nel mo~l~aga proceeds.
B ['}CASH: BUYERS w{H pay the balance or the purchase price m cash at the time of ctosin9 This Agreement ~s rml contingent upen BUYERS obtaining such funds.
C. 5~OTNF,.R FINANCING TERMS: 1. SUBJECT TO Till BUYER OBTAI~NG SUITABII FINANC~',IG ON OR BEI~ORI JUNI 30, 2000, IF
SUCH FINANCING IS NOT OBTAINID, TiIIS OFFER WILL BE NULL AND VOID .,M'M]} ~ EAR.NEST MOINIY I~TURNRD TO
THI BUYER.
D [']if a Mortgage Aeaumptlon, {natailment tonifact Assumption, or Inatallment contract Sate, ees ariachad zaddendum.
POSSESS{ON. ~fBUYERSt~meifped~rma{i~biiga~ioos.passess~onfortheRea~Estatashei{bedd{veredtoBUYERSon
with any adiustments of rent. taxes, insurance, intereel, and oiher applr_.able matters to be made as of Ihe data of transfer ol possessinn. Ctos{ng of the ttansaciion shell occur after a4~ova{ of
ht{e and vacation of the p~emises by Ihe SELLERS. in the condition ready for BUYERS' posses.son. Possession shell not be delivered to Ihe BUYERS until complelinn of the closing, which
shah mean dl~Nery to the BUYERS of a{I tilie transfer documenls and receipt of lhe purchase price funds then due fi'om BUYERS. If by routoat agreement the padres select a different
possession or dosing date, they shell axecurD e separale agreement selling forth |he terms thereof.
4 REAL ESTATE TAXES. SELLERS shall pay all tea{ estate taxes which are due end payabie end constiiute a lien againsl the above dasc~i3ed Heat Estate and any unpaid real estate t,~xes for
any prior years. E.xcepl {~ the lax preral{on herelnaftor set forth, BUYERS she{{ pay at{ subsequent real eslale taxes. SELLERS shah aiso pay a prorated share of the real estate taxes for the
fsceiyearandngJone30. 2OO1, andpayableinthefi~ca{yearcc~'nmeaungJuifl, 2OO1, baeadupoooneofthefofk~w~ngformulas:Sdeal{A)(B)or(C)
A. F']Net laxes paya~e in Ihe cur~enl fiscal year in which possession is g~ven to Buyers. (Do no{ s64ect this alternative if the current yearn taxes ere based upon a vacant k~ or perbat
constructinn assessment.)
B. I']Nel laxes paid in the current |scat year of possession (!:due/minus) % thereof.
C. 15;~An amount cek:ulated based upon the assessed valuation. legislative lax rdback, and rear e~tate tax exempt,one that will actua~y be applicable to and u~ed for the calculation of taxes
payable in Ihe fsca{ year commencing July 1.2OO1 if, at the time of c{osing, the tax rate is nol cedified, then lhe most current. certiF~d tax rate shah be Used
5 SPECIAL ASSESSMENTS. Select: (A) or (B)
A. 15~SELLERS shell pay eli spacia{ assessments whinh are a lien on Ihe Real Estate as of the date of closing
B. }']SELLERS shah pay a{I instal{ments o| spaciat assessments which are s {tan on the Real Estate and, if nol paid, wcold become detmquenl dudag lhe calendar year this offer is accepted,
and a{{ phot installments thereof. At{ other specie{ assessments shah he paid by BUYERS.
FIXTURES. AHpr~pertythatinte~ra~ifbe{~ngstoorIspar~oftheRea~Esiate.Whetherallached~fdetached~suchas~ightfudurea~shedes~r~ds.Hind~'automa~iogaraged~or~penersand
transmiltar units. al{ drapery rods and cudain rods, awnings, windows, storm doom, acreaDs, plumbing fixlures, water heaters, water softeners (unless water no|tenet is rental), automatic
heating eqJ~ment, air cond~honing equipment. wail-to-wai{ na~peting. marrots allached to walls or doers, fireplace actash and grate, attached he~oeoue grills, weather vane, ati built-in kilchen
appliances. built-in items and eleclrk:a{ asn~ce cabie, outs{de te}ev}sinn lowers end an|anna, fenclag, gates and landsca{~ag she{{ be cermdered a pad of Reid Eateta and also including the
taRowing PER PLANS AND SPECIFICATIONS
The fo{k:m, ing llama sha}{ be exc{uded:
7 DEED. Upon payment of the purchase price. SELLERS shah convey the Rea} Es{.aie Io BUYERS or their assignees, by "VV.~q.,~JLNT~x' Deed. ~ee and clear of eli I,ens. rash}charts
and encutnb~ance~ except as pray}dad in 1 (a) Ihtough 1 (d) Any gene~a{ warrant~'s of I}tie shal{ exlend only to the time d acceplance of this offer, with special warrantw~ es to acts of
SELLERS continuing up Io lime of deliver,/of the deed
~ T{ME IS OF THE ESSENCE. Time }s or the essence in this coniract.
9 CONDITION OF PROPERTY.
A The pn:~perty as of the date of this Agreemenl inc{udng buildings, grojnds. and aH rm~ovomeots will be Ixesen~ed by the SELLERS in its praseni conctlson unlil possession, arc|inky wear
and lear excepted The SELLERS warrant Ihet the heating, elecirical. piumb~ng. and air condl~on~ng systems and at{ included sppiisncas wi{{ whether sub/~ect {napechart set fodh hereinaller
or not. he ~n good working order and condition as of the date of dei}very of posea~s}on The BUYERS shall be pare}tied acceas to the property p~xx to pussess~oo
sooner, ~n cxde~ Io delermine that lhere has been no change a in the condition of the prepedy and that ii i~ reedy for BUYERS' possession
BThe BUYERS musl Choose one of the fulh3wing aHernative relative to the con,.:{it~x~ and qua{H,/of lhe {~."operiy:
1) ['}W~thln calendar days alter the acceptance date, the Buyers may, at theU' sale expense, have the property inspected by a parson of parsons of their choice. The inspection
shah cc, ver the MAJC~ COMFONENTS of the Real Estate: central heat}ng system, canira{ canning system, plumbing syslom, decldca{ system, roof. we{is, ceiling, leanclarion and base-
...man|. if any Within calendar days after calf, pie|ion of lhe inspection period, the BLr~'ERS must not{if in wriiing the SELLERS' Se{ting Agent, as Shown herein, of any me{or deft-
clenches, The no{ifcet{on must he accompanied by a copy of the writ|an inspection repod and by a writ|an estimate ~'om a qua{ifMId
THE ABSENCE Of: WRITTEN NOTICE OF ANY DEF{C{ENCY FROM BUYER. W{TH{N THE TiME SPECiFiED HEREIN, THIS PROViSiON SHALL BE DEEMED WAIVED BY PARTIES
AND THiS CONTRACT SHALL REMAIN {N FULL FORCE AND EFFECT The SELLERS she{l, within Five (5} cldender days after receipt of BUYERS' notif~cetlon, nol{if lhe BUYERS in
writing of whal steps. }f any. the SELLERS wail take to correct such dafc}ency before dosant. The BUYERS shei{, within Five (5) calendar days alter receipt of the SELLERS' nol~..al~n,
nail|-/m writing the SELLERS' Sailing Agenl that. (1) such slaps a~e acceptable. in which case this Agreemenl, as so modified shell be b~nding upon all p~ffies; er {2) that such steps are
nol acceptable, in which case this Agreemenl sha{t be nut{ and void. and any earnest money Shall be returned to BUYERS. .
2) ~5~BUY~RS8ckn~wied3ethet~heyhavebeenad~ised~tbe~rright~fpreperty~nspect$~nandhavedeciinedtomakeseidinspecti~n~
10 WOOD DESTROYING INSECT INSPECTION. Select (AI of (B)
A} {'{Within calendar days after the final acceptance data of this Offer. BUYERS may, at BUYERS' expense heea lie ixopedy inspected for to|mites or other wood destroying incec{s
by a licensed Pest inspector. It active iorestalk~n or damage due to poor inf~statiorr is discover'ed, SELLERS deal have the op~on of ellhot hay{rig the property Ifeated for }rites|at|on by
a liceosed pest Edermmator and having any damage repaired to the BUYER'S satisfeciion, or dectar|at this Agreement void. This prove|on shal not epply to fe4~cas, trees, shrubs, or
coki~ngs other Ihan garages BUYERS may accopl Ihe preperr| in its axisling concliion without such {feaimeot of re%u~Mrs.
B) I~]BUYERS acknowledge that lhey have been advised of their nght of a pest Inmpeclion and have dadined to make eajd inspection unless required by {ending {nsiilulion at which time said
ms~ectien weak:{ be Buyer's expense and the Buyer will have the same rights as under paragraph IOA ant{re }hi'as|alien or dameta due to {:xkx infestation }s ,'iscovered.
INSURANCE SELLERS shat~bear~herisk~fi~ss~rdama~eto~hepr~nerlyprior~c~nsmg~pessessm~whicheverf~m~um~ SELLERS agree to maintain existing insurance and
BUYERS may purchase ackltional insurance. in the event of subsiantial damage o¢ deslmction pr~ to dosing, this agreement shall be null and void, unless othe.Ntisa agreed by the parlies.'
The property shall be deemed substantialty damaged or destroyed if it cannot be restored to its present coMtion on or before fi dosing date; pRyAded, howevar, BUYERS shall have the
opllon to compfole the dosing and receive insurance proceeds regardass of the extonl of damages.
2 USE OF PURCHASE PRICE. Att~meofsettlement~fundsofthepurcha~ep~cemaybeusedto~ytaxasand~thef~ienaandt~mootstandinginllmsts~ifany.of~thers.
3 ABSTRACT AND TITLE. SELLERS, at their expense, shall prompity oblain an aiDstract of tilfo to the Red Estate continued throt~h the date of acceptance of this offer, and ddiver it to
BUYERS for ~aminetk~ It shell show mecchantabta title in SELLERS names in coufo,'mity with this agreermmt, Iowa taw, and Tie Standards of ~he Iowa Stall Bar Aes<x;iatm. The abetfad
s hall become lhe property of Ihe BUYERS when the purchase price is paid in full SELLERS shall pay fihe costs of any adcjtionat abstracting and title woeg due to any acl or mission of
SELLERS, inducing transfers by o¢ ihe deem dr SELLERS 0¢ their assignees. If, at lhe time of rinsing there remain un~esdved title of~ectfons, fie parties agree to esoa'ow from the sail
pcoceeds a suffK:ilnt amount to protect the BUYERS' intorests Onfil said daisdin are corrected, at::,wing a reeso~ lime kx Ihe corrections of said of~ectjods; provided, howwe, fit if the
commercml modEage lender of the BUYERS will not make Ihe modEage funds avaltsbfo with such asa'ow, Ihe provis~ for ascmw for lilts datacls shall not be q0pticabta.
4 JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS, ~me~llty Feced~g acceptance dr the offer, hold 51is to the Red Estall in joint tenancy with foti ~ht of
survivoeship, and the joint kmancy is not bte¢ dastr~yed by tremtton of law or by asia of the SELLERS, Iben Ihe proceeds off Ihis sata, and centintting or recaptoted debts of SELLERS in the
Real Eatall, shall balong to SELLERS as joint tenants with full rights of survivorship and not as tsnanls in common; and BUYERS, in the went of fi death d either SELLER, agree to pay any
heilnce of the ~ due SELLERS under this c~ntrad to the surviving SELLER and to m:cept a deed from lhe survMng SELLER oonsisllof with paragraph 7.
5 JOINDER BY SELLERS SPOUSE. SELLER'S spouse, if not a title holder immediately prece,jng acceptance of this offer, executes this contrad Only for the purpose of relinquishing of all
of dower, homestead and dsbi~utive shore o¢ in compliance with with Secfio~ 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this puspose.
REMEDIES OF THE PARTIES.
A tf be/era fail to timely perform this conlind, SELLERS may forrail it as provided in the Iowa Code, and all payments made shall be foalsited or, at SELLERS' option, upon Thirty (30) days
written notice of inlention to acceilrale the payment of the entire belanca because of such faiure (during which thirty days such failure is not r~greded) SELLERS may dadare the eftlira
balance immediateb/dee and payB~. Thereafter this conhact ruby be foreclosed in equity and fi Coud may app~t a raceNet.
B.If SELLERS tail to timely perform this contract, BUYERS have the right to have all payments made rotorned to Ihem.
C BUYERSandSELLERSa~s~areentitildt~uti~izeanyenda~therremediesoradi~nsatiaworinequityasai8bietothemandshellbeestitledt~bllinNd~Jn~entforccs~sand
attorney fees as permitted by law.
El in the event the BUYERS fail to perform their obligation~ hereunder and the SELLERS successfully forfeit any payments made unde~ this contract, the Broker.shall receive from the
SELLERS One-half of the foffeiled payment, said one-heir not to exceed the total commission due to the B¢okef. In Ihe event the SELLERS fail to poxform SELLERS' d:~ligations under this
contract when required to de so, SELLERS shell pay to Broker the B~okers commission in the amount sal forth in the SELLERS' Listing Agreement with the SELLERS' Broker
17 STATEMENT AS TO LIENS. If BUYERS intend to assume or take subjecl to a lien on the Real Estate, SELLERS shell furnish BUYERS with a written statement prior to dosing from the
hdrdar of such lien, showing the correct balance dee.
18 APPROVAL OF COURT. if the sale dr the Real Estate is subiect to Coont approval, the fiduciary shell promptly submit this c~qtract for such al:tz:,val. If this contrad is not so approved by
the day of N/A either party may declare this ccntrad null and void, and ell payments made hereunder shell be returned to BUYERS
19 CONTRACT BINDINO ON SUCCESSORS IN INTEREST. This contract shall apply to and eind lhe successo¢~ and inllrest of the patties.
CONSTRUCTION. Words and phrases shell be construed as in the singular or plural number, and as masculine, feminine or neutaf gender, according to ccnted
21 SURVEY AND SOUARE FOOTAGE REPRESENTATION. The BUYERS may, prior Io closing. have the property sunreysd at their me. ff they survey, certifmd by a Registered Lend
Surveys, shows any enoreachment on said property or it any k~provemenLs kx:ated on the subject prq:ety encfcach on lends of o~hers, such enca'eachrnents shaft be treated as a title defect.
Assuming a representation toe square footage has been made, BUYERS undersland and agree that said representation is only an app¢oximation of Ihe exact humbee of square feet the
property contains. The BUYERS have the dght to obtain their own measurement of square footage.
22 AGENCY DISCLOSURE. The Listing and Selling Agents/Brokers are agents or the padies heralD as outiined below, and their fiduciaP/deties dr loyalty and taithfi.itness are owed to Ihe pady
they represent. However, they must treat the other party with honesly and Pairhess,
The SELLER in this transadion is represented by:
EVEN HA.NICKN_.,RNI'E GALE:R - LEPIC-KROECE:R :REALTORS (Ageof~rdrerage Names)
The BUYER In this transadi0n is represented by:
ERNIE GALE:R - L]EPIC-KROEGER REALTORS {Agenl/B{okerage Names).
If Agent (Including Appointed Agency) and/or Brokerage (indu~ng Consensual Dual Agency) Names are shown as repcasenting both partkas. a detailed exFtanation of representation shell be
aftached Fudher. 1he BUYER and SELLER ackr,,owledge that prior to signing this agreement Ihel their respective Listing or Seltng Agent made a wdtten GrLSCtoS~e Of type of representation
[] RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT. T he Buyer{e) acknowledge racatpt of the Reeldentlal ProlNIrty Sattar Disclosure Statement prior to
executing this Purchase Agreement. A copy of the Resktanttal Property Seller Dtactosura Statement is it~ched to the Purchase Agresrelmt.
NOTICE. Any notice required under this Agreement shall be deemed perfected when it is received in wdting eithe~ by pesor~al daliveP/or upon the dale of the posting of said notice posled by
Cedified Mail Cepias of all such notices shall be also sent to the Listing Agenl and Setting Agent as designated in this Agreement, or their Brokers.
~or the SELLERS: CIO STEVE ATKINS Address: 410 EAST WASIi~GTON ST., IOWA CITY, IA
For the BUYERS: HOMEBUILDERS ASSOC OF IOWA CITY Address. 3:Z5 EAST WASHINGTON ST., IOWA CITY, IA
25 REPRESENTATIONS. It is understood that no representatiorts made by the agent in Ihe negotiatiofl of ihis sail are being relild upon unless incolporated herein or endol'sed in writing,
COUNTER PARTS CLAUSE. All perties agree to be bound to this c..~tract even if eve{'/party does not sign on one original, as fofig as each ~ 1he1 is si~l'led is identical fo every other
signed ccpy
27 OTHER PROVISIONS. A. THIS OFFER IS SUBJECT TO BUYER'S REVIEW AND APPROVAL OF BUILDING COVENANTS, FINAL CON-
STRUCTION PLANS AND SPECS., FINISH ALLOWANCES AND SIGNAGE REGULATIONS VtrlTHIN 30 DAYS OF THE ACCEPTANCE
OF THIS OFFER, B. IT IS UNDERSTOOD THAT THIS OFFER IS SUBJECT TO APPROVAL BY TH~ LC. CITY COUNCIL BY
JUNE 30, 2000. C. IT IS UNDERSTOOD THAT THIS OFFER IS SUIU~CT TO APPROVAL BY Titg HOMEBUILDERS bff, MBERSH]P
BY JUNE 30, 2000. D. SEE ATTACH]~D ADDENDUM "A".
;>8 TIMEFORACCEPTANCE. If tNs offer is not accepled by SELLERS on or befere 5:00 dok~ck (P.M.), on MAY31,2000
it shatl become void and all payment.'~ shall he repaid to the BUYERS
"'THIS ISA LEGAL BIND~NGCONTRACT IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE '
B ' ' SS# ~ BUYER SS#
i Doris
SELLER SS#
For information
The Setlet(s) acknowledge receipt of the offer
(DATE} 0'IME) (INITIALS}
ADDENDUM "A" FOR PURCHASE AGREEMENT OF
UNIT 1-E (1,193 SQ. FT.) TOWER PLACE AND PARKING,
GILBERT STREET, IOWA CITY, IOWA
A. Change in real estate description: Unit 1-E of the horizontal property regime to be
constructed on Lots 1 through 4, Block 61 of the Original Town of Iowa City, said
unit consists of 1,193 square feet, more or less, located on the street level directly
south of the entrance lobby on Gilbert Street and to be constructed in substantial
conformity with the plans and specifications for the Tower Place and Parking facility.
The final recorded Declaration of Condominium which shall submit said real estate to
a horizontal regime as defined by Iowa Code 499B shall be in substantial conformity
with the draft Declaration of Condominium attached hereto as Exhibit "A".
a. Parking: Included in the purchase price shall be one (1) City of Iowa City parking
permit without fees for parking in Tower Place and Parking. Said permit is
transferable to a subsequent owner of the real estate but may not be transferred
independently of the real estate.
b. Deed and Title: The parties acknowledge that an appeal of the City' s condemnation
of the Harmon Building is ongoing with the only issue being the mount of
compensation for the taking. Buyer agrees that the pending appeal will not constitute
an objection to title and agrees to accept City's warranty deed notwithstanding said
appeal.
EXHIBIT "A"
DECLARATION OF CONDOMINIUM
TOWER PLACE AND PARKING
PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a
public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public
parking structure is to include a private parking area appurtenant to a public housing facility, as well
as certain privately owned commercial units in a horizontal property regime. As a result of this
unusual combination of various ownerships, certain departures from condominium practice are
implied. Among those departures is the fact that the basic structure is not a common element as
defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The
common elements subject to common ownership and a portion of expenses are deliberately few in
number. The association of owners, denominated by the declaration as the Council of Co-owners,
has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to
perform the limited functions necessary.
The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is
hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999)
named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and
obligations as specified in this declaration.
ARTICLE I
DESCRIPTION OF LAND AND BUILDING
A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4,
Block 61, Iowa City, Iowa, according to the recorded plat thereof.
B. Description of Building. The building subject to the regime shall be a 6-level parking facility
including spaces for commeri;ial units on the west end, as well as commercial spaces at the
northeast corner of the building along Iowa Avenue, and along Gilbert Street. The
commercial units on the street level along Linn. Street shall be constructed so as to allow the
later construction of a mezzanine. The configuration of the building and the composite
building materials are all shown of record on the building plans attached hereto as Exhibit A.
ARTICLE II
UNITS
The units of the condominium regime, being those areas susceptible of separate ownership ~.s
described by the Horizontal Property Act are relatively located as shown on the schematic diagram
filed with this Declaration as Exhibit B and are further described as follows:
A. Unit 1A.
1. Definition of Space. Unit 1A is located at the southwest corner of the street level of
the structure, consists of 3,827 square feet and allows for future construction of a
mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The
unit is bounded on the bottom by finished floor elevation of 680.00, on the top by
the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of -
the wall separating Unit 1A from the remainder of the structure and from the outside.
Unit 1A excludes the stairway located at the southeast corner, as such stairway
exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A,
which stairway is a limited common element appurtenant to Units 1A and 2A as
defined herein.
2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled-to the
right of access to said unit over and across the portion of Unit 3 labeled on the plans
as Exit Court, which Exit Court accesses the public street and the public elevators
and stairways at the east end of the Exit Court, which in turn has access to the
public parking on each of the parking levels.
3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and
therefore devolving to succeeding owners of Unit 1A without special reference to
such rights appearing in the conveyance documents are the following ownership
rights which are limited common elements of the condominium regime.
a. An undivided one-half interest in the stairway at the southeast corner of Unit
1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by
the top elevation of Unit 2A, on the sides by the inside surfaces of the
concrete walls defining the stairwell. Maintenance responsibilities shall be
apportioned between-the owners of Units 1A and 2A, as those owners may
from time to time determine by written or unwritten, recorded or unrecorded
agreement. The City shall have no maintenance responsibilities for this
stairway. The door from the stairway to the exterior shall be part of Unit 3,
but shall be maintained by the owners of Units 1A and 2A, as they may
determine.
b. Seven City of Iowa City parking permits for parking without fee in the
parking portion of the regime, two of which are to be specifically located on
the ground level of tl~e parking in the south parking bay directly east of the
transformer. These parking rights may not be sold or assigned separately
from Unit 1A.
B. Unit 1B.
1. Definition of Space. Unit 1B is located at the northwest corner of the street level of
the structure, consists of 3,958 square feet and allows for future construction of a
mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The
unit is bounded on the bottom by finished floor elevation of 680.00, on the top by
the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of
the wall separating Unit 1B from the remainder of the structure and from the outside.
Unit 1 B excludes the stairway located at the northeast corner, as such stairway
exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A,
which stairway is a limited common element to Units 1 B and 2A as defined herein.
2. Easements Appurtenant to Unit 1B. The owner of Unit 1 B shall have the right of
access over and across that portion of Unit 3 labeled on the plans attached as Exhibit
B as the Exit Court, which Exit Court accesses the public street and the public
elevators and stairways at the east end of the Exit Court, which in turn has access to
the public parking on each of the parking levels.
3. Limited Common Elements Appurtenant to Unit 1-B. Appurtenant to Unit 1 B, and
therefore devolving to succeeding owners of Unit 1B without special reference to
such rights appearing in the conveyance documents are the following ownership
rights which are limited common elements of the condominium regime.
a. An undivided one-half interest in the stairway at the northeast corner of Unit
1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top
by the top elevation of Unit 2A, on the sides by the inside surfaces of the
concrete walls defining the stairwell. Maintenance responsibilities shall be
apportioned between the owners of Units 1B and 2A, as those owners may
from time to time determine by written or unwritten, recorded or unrecorded
agreement. The City shall have no maintenance responsibilities for this
stairway. The door from the stairway to the exterior shall be part of Unit 3,
but shall be maintained by the owners of Units 1B and 2A, as they may
determine.
3
C. Unit 1C.
1..' Definition of Space. Unit 1C is located on the lower level of the north side of the
building along Iowa Avenue having gross area of 4,044 square feet being defined on
the bottom by finish floor elevation of 670.00, on the top by ceiling elevation varying
between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls
defining the unit as shown on the attached plans.
2. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement
for access to such unit over and across that portion of Unit 3 that is shown on the
plans to be the hallway leading from the southeast corner of the unit connecting to
the entrance court from Gilbert Street, and over the entrance court itself.
3. Easements to which Unit Ownership is Subject. None.
D. Unit 1D.
1. Definition of Space. Unit 1D is located at street level of Gilbert Street at the
northeast corner of the building. Unit 1D has gross area of 3,145 square feet and is
bounded on the bottom by finish floor elevation of 666.67, on the top by finished
ceiling elevation varying between 678,33 and 679.33 feet, and on the sides by the
inside surfaces of the walls defining the unit as shown on the attached plans.
2. Easements Appurtenant to Unit 1 D. The owner of Unit 1D shall be entitled to an
easement for ingress and egress to said unit over and across that portion of Unit 3
which is the hallway affording access to the southwesterly portion o~ Unit 1D and
over and across that portion of the entrance court off of Gilbert Street leading to the
southeasterly entrance of Unit 1D and to the entrance to the hallway described
above.
3. Easement to which the Unit Ownership is Subject. None.
E. Unit 1E.
1. Definition of Space. Unit 1 E is located on the east side of the street level of the
building along Gilbert Street, immediately adjacent to the south of the entrance court
providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and
is bounded on the bottom by finished floor elevation of 666.67, on the top by
finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides
by the inside surfaces of the walls defining the u'nit as shown on the attached plans.
4
2. Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an
easement for ingress and egress to said unit over that portion of Unit 3 that is the
entrance court off of Gilbert Street.
3. Easements to Which Unit Ownership is Subject. None.
F. Unit 1F.
1. Definition of Space. Unit 1F is the reserved parking area on the lower level, having
access to the public street system on Gilbert Street and having gross square footage
in the amount of 15,500 square feet, all as shown on the plans, which unit is
bounded on the bottom by the sloping surface having variable elevation forming the
bottom deck of the parking within the unit, on the top by the underside of the level
of parking next succeeding vertically, on the south side by the inside surface of the
exterior walls of the structure, on the west by the inside surface of the most
westerly wall of the lower unit, on the north by the south wall of the areas labeled
successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical
Room, landscaping, snow pit, landscaping", and then following to the south of the
inside surfaces of the wall defining the westerly portion and southerly portion of the
area located on the attached plans as 1E and on the east by the projection of the
inside of the support pillars of the ingress and egress onto Gilbert Street, excluding
from such area the stairway (as defined by the inside surfases of the concrete walls
forming the stairwell) and the elevator shaft and entrance lobbies for the elevator,
both located at the southwesterly corner of the unit. The unit includes the parking
gate equipment located therein.
2. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1F is an exclusive
easement, existing for so long as Unit 1F is appurtenant to a public housing project in
which all units are 6ccupied by residents who are initially admitted by qualifying for
some form of rental assistance, or is subject to a mortgage and Regulatory
Agreement dated and recorded September 3, 1980 in'Book 291, Page 309 and in
Book 580, Page 100, respectively, for ingress to and egress from the ground level to
the surface level of Unit 1F over and across the stairway and elevator (with
associated lobbies) described in Paragraph 1, immediately above.
3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement
for ingress and egress in favor of the City to the eastern-most area Labeled
"landscaping," immediately to the north of the unit. Such access will be exercised
through the doorway from Unit 1F into the eastern-most area labeled "landscaping"
and will be limited to such times and in such manner as is reasonable in light of the
parking use of the owner of Unit 1F.
4. Maintenance Responsibility for Stairway and Elevator, The City shall be responsible
to maintain the mechanical and electrical systems associated with the elevator
excepted from the definition of Unit 1F. The owner of Unit 1 F_ ,shalt be responsible
for routine cleaning of the elevator and associated lobbies and the stairway over
which the owner of Unit 1F has an access easement. The Cit. y shall indemnify and
'hold the owner of Unit 1F harmless from damages resulting from t~e City's
performance or failure to perform its maintenance obligations described in this
paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for
damages resulting from said owner's performance or failure to perform its
maintenance obligations described in this paragraph.
G. Unit 2A.
1. Definition of Space. Unit 2A is the commercial area located on the second full level
at the west end of the building. Unit 2A has gross area of 7,674 square feet and is
bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to
713.33 feet, and the inside surfaces of the exterior walls defining the area, not
including the space labeled "Open to Below", (immediately below the clocktower)
and excluding the elevator, stairway, and lobby area along the easterly side of the
unit, and further excluding' the stairways at the northeast and southeast corners of
Unit 2A.
2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of
ingress and egress over and across the entryway and stairway and elevators leading
from the second level down into the exit court on the first level, and up to the
parking levels.
3. Easements to which Unit Ownership is Subject. None.
6
4. Limited Common Elements Appurtenant to Unit 2Ao Appurtenant to Unit 2A, and
therefore devolving to succeeding owner of Unit 2A without special reference to
such rights appearing in 1he conveyance documents, are the following ownership
rights, which are limited common elements of the condominium regime.
a. An undivided one-haif interest in each of the two stairways located at the
northeast and southeast corners of Unit 2A, bounded on the bottom by the
respective bottom elevations of Units 1A and 1 B, on the top by the top
elevation of Unit 2A and on the sides by the inside surfaces of the concrete
walls defining the respective stairwells. Maintenance responsibilities shall be
apportioned, in the case of the northeast stairway between the owners of
Units 1B and 2A, and in the case of the southeast stairway, between 1A and
2A, as these respective sets of owners may, from time to time determine by
written or unwritten, recorded or unrecorded agreement. The City shall have
no maintenance responsibility for either stairway. The doors from each
stairway to the exterior shall be part of Unit 3, but shall be maintained, as to
the north door by the owners of Units 1 B and 2A, and as to the south door
by the owners of Units 1A and 2A as they may respectively determine.
H. Unit 3.
1. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts
of the structure not specifically defined as lying within any of the other units or
limited common elements. Unit 3 shall consist of all structural elements of the
structure or limited common elements, including all walls separating Unit 3 from
other units or from the outside, including all windows and doors in these walls.
2. Easements Appurtenant to Unit 3. The City reserves right of access over and across
Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by
the plans to be north of Unit 1 F.
3. Easements to which Unit. Ownership is Subject. Unit 3 is subject to easements as
above described in favor of the commercial units 1 A, 1B and 2A over and across the
exit court adjacent to Linn Street and the elevator stairway core immediately
adjacent to the exit court providing access to the commercial spaces and to the
public parking area. Unit 3 is further subject to easements for ingress and egress in
favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core
having access to Gilbert Street and is subject to the access easement in favor of Unit
1F as described in Article II, F2, above.
I. Provisions Applicable to all Units (Except Unit 3)
1. Defining Surfaces of Units (Except Unit 3). The unit definitions above describe the
boundaries of the various units (except Unit 3) to be the "inside surfaces" of the
walls forming the units. Each of these walls is a poured concrete wall, such that the
unit boundary is to be the surface of the wall closest to the unit being defined.
Similarly, the floors and ceilings are formed by poured concrete surfaces, such that
the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close
to the unit being defined. The implication of these definitions is that Unit 3 contains
all concrete walls, floors and ceilings, but the individual units include all studs,
drywall, subflooring, drop ceilings or other structural elements affixed to the concrete
surfaces.
2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside
surface of any floor or ceiling for which an elevation is given above as a defining
plane of any unit varies, due to construction irregularities, from the planned
elevation, the unit shall be defined by the surface as actually constructed.
3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be
excepted from each unit (except Unit 3) any portion of a structural element
contributing to the rigidity of the building which projects below the elevation stated
" above as the top surface of the unit.
4. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1F and 2A may be subdivided into
smaller units, susceptible of separate ownership, subject to the following limitations:
a. No division shall affect the exterior integrity of the structure without the
express permission of the owner of Unit 3, as expressed by the City Manager
or his designee.
b. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E
is therefore not subject to subdivision).
c. All procedures for subdivision specified below are followed.
8
5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible
for separate ownership, the owner of the unit to be subdivided shall file with the
Johnson County Recorder a document entitled "Amendment of Declaration of
Condominium for Subdivision Purposes", which document shall contain the following
provisions:
a. A description of the newly created subunits, as illustrated by a graphic
representation filed with the amendment.
b. A unique designation for each subunit, using as a basis the original unit
designation.
Example: If Unit 1A is to be divided into two subunits, the filed
documents should designate the subunits as Unit 1-A-
1 and Unit 1-A~2.
c. An allocation of easements to which the original unit is subject and which
are appurtenant to the original unit among the respective subunits.
d. An allocation among the proposed subunits of the percentages of
responsibility for common expenses and of voting power originally assigned
by this Declaration to the unit to be subdivided, based on relative areas of the -'
property subunit.
e. Special Restrictions on the Subdivision of Unit 1 F. In addition to the
requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1F shall
involve relocation of the entrance to the parking area from Gilbert Street or
involve the use of any subunit for short-term parking.
6. Cross-Easements. Each unit is entitled to an easement over all other units for the
placement, operation, maintenance and replacement of utility services, such as gas,
electric, water and sewer, telephone, cable television and any other service utility, as
shown on the plans filed with this Declaration.
7. References to the City. Throughout this declaration, references are made to "The
Declarant", "The City", and "The Owner of Unit 3." All of these terms are
interchangeable and refer to the City of Iowa City, Iowa,
9
ARTICLE
COMMON ELEMENTS
A. General Common Elements. The general common element. s of the condominium shall be the
following:
1. Land which is dedicated to the regime.
2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room".
3. The heating unit and cooling unit located within the Mechanical Room and associated
ductwork from the heating and cooling unit to the boundaries of the respective units.
4. The electrical service to the electrical service box from the street.
B. Basis of Allocation of Expenses Regarding Common Elements.
1. To the extent that any expenses to the common elements are measurable by
metering the allocation of 'those expenses for general common elements shall be
allocated based on the meter readings. To the extent that the expenses of common
elements may not be allocated based on meter readings, the following percentages
shall be used:
tJnit.~ o/~ nf
1A 18,4%
1B 18.9%
1C 13.7%
1D 10.6%
1E 3.8%
1F 0%
2 25.9%
3 8.7%
This allocation represents the relative proportions of heated and cooled space within
the regime and does not represent ownership proportions.
C. Limited Common Elements. For description of limited common elements within this regime,
see Articles IIA3, lIB3 and IIG4.
10
ARTICLE IV
ADMINISTRATION OF COMMON ELEMENTS
A. Council of Co-Owners. The body administering the common elements shall be known as the
Council of Co°Owners, composed of all owners of units in this regime with one membership
with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this
article of the declaration which shall stand as the by-laws of the organization. The
organization shall be unincorporated. For the purpose of determining membership in the
Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect
to that unit, except in the event of a unit having been sold by recorded installment contract,
in which case the contract vendee shall be the member. In the event of multiple fee
titleholders or multiple contract vendees of a unit, the membership rights for that unit,
including voting, shall not be divided, but shall be exercised in a block as the multiple co-
owners may determine among themselves.
B. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular
meetings, but shall convene on written notice to all owners by any owner, which notice shall
be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject
matter for the meetings shall be limited to any issue concerning the common elements, the
charges arising therefrom, or the termination of the condominium regime.
C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for
which will be the presence of owners owning at least 50% of the voting power as described
in this paragraph, the following voting rights shall be recognized:
1. For all issues concerning the common elements, except amendment of the
declaration or termination of the regime:
IJnit.~ % nf Tntnl VntP.
1A 18.4%
1B 18.9%
1C 13.7%
1D 10.6%
1E 3.8%
1F 0%
2 25.9%
3 8.7%
11
2. For amendment of the declaration or termination of the regime:
Unit % nf Tnt~l Vnte
1A 2.4%
1B 2.5%
1C 1.8%
1D 1.4%
1E 0.5%
1F 6.8%
2 3.4%
3 81.2%
This allocation represents the percentage ownership interest of the respective units in the
common elements.
D. Recordkeeping. The City shall keep the records of all the meetings of the Council of Coo
Owners.
E. Information Regarding Common E~,penses. All charges for repairing, maintaining and
replacing the common elements shall be received by the City who shall then calculate the
shares of the respective owners as provided in Article III above and shall present statements
for the same to the respective owners.
F. Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from
the Declarant of shared common expenses, individual unit owners shall remit to the
Declarant their respective shares of common expenses.
G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be
subject to the collection remedies as described in Section 499B.17 of the Code of Iowa
(1999).
H. Amendment to this Article. It is stated that amendment to this article, serving as by-laws of
the Council of Co-Owners may be made in the same fashion as provided herein for the
amendment to any other of the provisions of the Declaration.
12
ARTICLE V
MAINTENANCE RESPONSIBILITIES
A. By City of Areas Subject to Access Easements. The City shall maintain the areas shown on
the attached plans as the exit court and public stairways (not including the stairways that
are limited common elements appurtenant to Units 1 A, 1 B and 2A) and the public elevators
and associated access ways, and the elevator located within the confines of Unit 1F in a
manner consistent with the manner in which the City maintains other public buildings such
as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary
and serviceable manner, including snow and ice removal.
B. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a
designated dumpster area. The City shall maintain the exterior walls of the dumpstar ereas
shown on the attached plans. The individual owners shall be responsible for their own trash
removal, and shall be responsible to correct any condition caused by the owner or its trash
removal contractor. No dumpstar may be placed in the public alley. Any individual owner
who fails to maintain the dumpstars and dumpster areas in a safe, sanitary and serviceable
manner shall pay the expenses incurred by the City in performing such maintenance, after
written notice to the owner specifying the particular failure, to which notice no corrective
response is made within 10 days.
C. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the
parking surfaces in the public area and the exterior of the structure in a safe, sanitary and
serviceable manner, Included in this obligation is the obligation to clean the exterior
windows of the structure, including the individual units, at least once a year during March,
April or May.
D. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities
within Unit 1 F shall be performed by Ecumenical Housing Corporation. Included in this
responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of
the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIF5.
E. By Owners of Units 1 A, 1 B, 2A, 1 C, 1D and 1 E.
1. Each unit owner of Units 1 A, 1 B, 2A, 1C and 1D shall perform all maintenance on all
of the areas and equipment located within its respective unit. Each of the unit
owners shall perform no alterations affecting the structure without the written
permission of the City, provided that interior decorating may be performed without
permission. No work on the exterior of the structure shall be permitted without the
written permission of the City.
13
2. The owners of the units 1 A, 1 B, 2A, 1 C, 1D and 1E may affix signs to the exterior
of the structure consistent with the provisions of the Iowa City Sign Ordinance and
with the written permission of the City pursuant'to then-existing written policy on
signage adopted to assure compatibility with' the appearance of the structure as
expressed by the City Manager, or his designee.. After permitted installation of such
a sign, maintenance of the sign shall b.e the responsibility of the unit owner to which
the sign pertains. If an owner fails to reasonably maintain an installed sign,
Declarant may perform such maintenance and assess the owner for the reasonable
costs thereof, after written notice to the owner specifying the particular failure, to
which notice no corrective response has been made within 10 days.
3. The owners of Units 1A, 1B, 1C, 1D, and 1E shall have the responsibility to remove
snow from the public sidewalk adjacent to their units to the same degree as other
Iowa City owners have, as specified in the City Code. The City shall remove snow
on the remainder of the sidewalk.
4. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1E shall have the obligation to
maintain the doorways and windows to their units, including the obligation to replace
any broken glass and to perform any cleaning required on a more frequent basis than
the Declarant cleaning des'cribed in paragraph V, C.
5. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D~and 1E may perform, but shall not be
required to perform, at their own expense, maintenance, such as cleaning, on the
portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units.
Any unit owner performing such maintenance shall hold the Declarant harmless from
any damages arising from it.
F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit
owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited
common elements or to a unit owned by another, the responsible unit owner shall be liable
for such damage.
14
ARTICLE VI
RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY
A. Casualty. Insurance. Since Declarant is the owner of the structure of the regime, the
Declarant shall provide the entire casualty insurance for the building, excluding the units
other than Unit 3. As such, casualty insurance is not an expense subject to allocation.
However, non-declarant owners of any unit shall be responsible for casualty insurance for
any damage occurring within their respective units.
B. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of
all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its
originally constructed condition, except in the event the Declarant decides not to reconstruct
and receives the permission of 75% of the total voting power of the non-declarant owners as
described in Article IVC2. A decision of the Declarant not to reconstruct must also receive
the consent of all of the mortgagees of the non-declarant owners who have consented to the
decision. In the case of the decision not to reconstruct, the regime shall be deemed to be
dissolved and subject to partition and sale. In the event of partition and sale, the proceeds
shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after
a casualty, reconstruction of the improvements of the individual units shall be the
responsibility of the individual owners, funded by the proceeds of individual insurance
policies; or otherwise, as the owner may determine.
C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction
after a casualty shall be substantially the same as the plans and specifications of the original
structure.
D. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a
unit are affected, the individual unit owner shall be responsible for the expense of
reconstruction and repair.
If a casualty affecting only a single unit remains unrepaired six months after the casualty, the
Declarant may cause the necessary repairs to be made and impose the reasonable costs
thereof as a lien on the affected unit.
15
ARTICLE VII
USE AND OCCUPANCY RESTRICTIONS
A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall
have access to and use of the Mechanical and Electrical Rooms which are common elements
of this regime for purposes of installation, operation and maintenance of such service
equipment relating to each unit as may be located in these rooms. No unit owner using the
mechanical and electrical rooms shall impair the reasonable access to or use of these rooms
by any other owner. No storage of any type shall be permitted in the Mechanical or
Electrical Rooms.
B. No unit owner shall make any use of any unit which threatens the ability of the City to
obtain any appropriate insurance coverage.
C. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A
may be made available under the parking policies from time to time adopted by the City.
D. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1 F and 2A may lease all or part of their
units subject to the following conditions:
1. The lease must be in writing.
2. The lease must provide that the leasee is subject to the provisions of the
condominium declaration and that failure by the tenant to comply with the
condominium declaration shall constitute a default under the lease. The lease shall
contain the acknowledgment signed by the tenant that the tenant has received
copies of the declaration.
3. No lease shall allow relocation of the entrance to Unit 1 F from Gilbert Street or shall
allow the use of Unit 1F for short-term parking.
16
ARTICLE VIII
TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP
Any termination of the status of the regime as a horizontal property regime under Chapte. r.499B of
the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The
undivided interests of the respective owners after termination shall be as described in Article IVC2.
ARTICLE IX
AMENDMENTS TO DECLARATION
This declaration may be amended by an affirmative vote of 75% of the total voting power of the
regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that
no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement
rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its
first mortgagee have consented in writing.' The maintenance obligations of the City expressed herein
cannot be reduced without consent of all non-City owners. The amendment to the declaration is
effective upon filing of a copy of the same in the office of the Johnson County Recorder..=
Signed this day of , 2000.
CITY OF IOWA CITY
by:
Mayor
by:
City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
This instrument was acknowledged before me on this day of
2000, by , Mayor, and
City Clerk of the City o~ Iowa City, respectively.
Notary Public in and for said State of Iowa
My commission expires:
17
EXHIBITS
A. COMPLETE BUILDING PLANS
B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS
18
Iowa Avenue
Tower Place
Unit Prices
Space 1-B-1 2,544 sq. ft.$345,984 ~~.
(no mezzanine) "~ ' "
Space 2-B 3,941 sq. ft.$472,920 First Floor
Space 1-C 4,423 sq. ft.$574,990
Space 1-D 3,332 sq. ft.$439,824
Space 1-E 1,193 sq. ft. $155,090
LEPIC-KROEGER REALTORS
2346 Moron Trek Blvd. · Iowa City, IA 52246 - (319) 351-881
-, ;onsensual Dual Agency-Addendum'
(]o.'a h., req,lres ~)l dOcamenl to be 'incorporated anti edded 'as a suliptement to the pm~ue apeerase)
~ BE SIQN~O BY ~UYER ~EFOR~ ~/ONINO OF~R AND TO BE 3IOHED ~ S~R B~OR~ R~VI~O OF~R.
]~R(S)' CITY OF IOWA CITY
eU~k~(~) . MOME BUILDERS ASSOCIATION OF I'QWA CITY
ADDR~OFPRO~R~Y TINIT. 1-E TOWER pLACE , GILBERT ST., IOWA CITY, 1A
' 5~19/00
~ OF PU~IIASE AOR~M~ '.
I. I)~CRIFTION OF SI~ATION
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to purchase or Jeue. SeJler'l property, sod bo~ Selkr and BUyer wish to continue to ale ~e lervJcel of topic Kroqer REALTOR5 who now b
,. Genieglad ~d
I. DMCRIP'FIO~ OF LEPIC KROEG~R X~LTOgB ROL~ ·
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and Id~d u the Ex~usl~e AJent o~ Huy~. hi ~:ose lope{lie ~IH. Ales mg hi, o ~dned ~formffion wl~, U &~oe~, co~d h~m ~e buldnlnl polltlon el the p~ty
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~t IIl~ BItTer IFee ~tt ~ple ~'oeget REAt~QM et~ ~e{ ~ liehie ta &lm~ ~ty tar tef~lng or li~nI to dbcl~;e Informslion ~hlch In ~e.snle db~ellon d the
world h~m one party's bar8/h~g position b~ ~od~ ~nelk ~e o~uer Fatty,
'11m tull~wlnJ lnfdrmat~n ~nuol ~ dbdosed by Leplc K~oegsr R~LTOR3 when adlq U dtl~ lgell~ withes ~e Informed ~ten coolnOt of ~a dh~d to whom the Infer-
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A. ~at ge~r b wHlin8 {o peT'mere than ~e pur~us price alered for the
' ~. ~lt SeBe b wMnl to icce~ loll ~ln ~e uklnl ~1~ lot d~e prepsty.
C. ~ml modvstinl tadors ee for suf de~ b~lnl. ~eUInl or Imlq ~
D. ~1&at Sells wDl Uree to ~ntndq terror o~ar ~u ~ofe diered..
I~ D~C~IPTION OF BROKERAO5 SERVICES ~ '
A. ~mt ~p{c ~ge{e~ R ~L~RS and b {~ madam ~ff DO {or N6i~rN aid Bu~rm when acffn~ u ~nlen zud Dud A
· riovide helpfd ~fonnatlon about the ~toperty ~d ~ to Boyer.
RHpond mccurmly to questl~us ~o~ ~e property.
· ~idoie finmnd~ qudflutio~ of Buyer la'S~er.
,FJphhw real e;~e tares and precedes.
,~plaln Io Buyer die hne~l o/haHn; Use ~operty {nspec[ed.
F~ptdu ~Jln~ code ~d ~Ocedmes. '
,Uelp ~e guyer comp~s ~n~nctnJ
heyiris Inletmarion ebom camptreble propsfLUs 0o ~Bet led Buyer my m~e in adopted de~lon on.whO pd~ to a~e~ or offer.
. Work apetiT to f,~ate ~e eta ~hln ~e Icope el our espeftbe and ro~mmend when outside experts ihodd be tet~ne&
a. ~u[ ~ple ~oeler R~L~RS and Re militated sisals MU~ DO'Under low& bw/or briers ~d au~ when ~l~l U ~nle~Ud Dun} Agents:
· Inlets B,~r: or BeDs that ~ey ARE NOT REQ~RED to conseM to dul
. ~odde btokerqe tarries to BitTer and Solar hon~t[y [rid in [ood
, D{gently exetdse reasonable dlHs and me ~ prov~nN broWtire s~ea to Buynr xnd
· ~sdoae In Buyer {nd Seger a{ miterid dveue {u~ ~fl ~ ~n e~U o~e~ Jot ~
I. ' Miletile adverse It~l known by B~r ted 9~r. .
3. Material advexe {tall gtl~r or SeRe{ could discover ~ougft s reuon~bly d~ien/~lpEtlon. and whirl ~uld 6e dbcoMred by m teenably prudN}{
under Xke or Ihn[llr
3. ~atedd md~fae fmd; ~e ~dosure of ~h~c}~ b ~o}s{blted by
4. ~mledd adverse {~ Umi( are kn~n Io I peon who condud{ an {nmpedlon on b~lt a Bu~ or
c, . A~ounl lot sN property cofnb{I Into ~e pouRsion pF bplc K{depT R~AL~U ~el ~en;i to .Bu~ or bile{ wRhln ~ reuonable lime ol recddn{ the
i{uperty.
D. [Hfdfie to the dent ~11 hdonnli[on known by {epic Kroeger REAL~RS 'lhg iS menial to lime baudon mad ~ b n~{ known by dm alloat or could no{ be
co~T~d by the dent ~rouBh I reuohkbJy ~;ent ~spedign,
E. Fullair may obfiptlun Ihd le wlth~ ~e icope el the ~encF qreement, except Ihole obligates lisa{ are Inconlbtelt{ wiffi other duffel
I~ptc ~Hger REAI~R~*hmi under 1~1 keuh~J ~ or any other ~.
~. Disclose any Bnmnda{ {Itte~estl ~le agent of Ihe brokerage ~ ~ may bmlnen entry to w ~ d: the sisal or brolm'~e FeWeEl a den{ Jut soy aervt~ or pro~nd relied
ttlnsmctlnn.
4, DFJCRIFTION OF 8ELI,~'8 AND BUYER'8 ROLE8
Beuuse of A Meh{'l Coolcasual Dud A~en~ tdat~nd~V, hut mad Boyer undo[stand {hi t~'lli~ ~e tMponl~y o{ mdluI ~e~ own de~lonl U to ~ terms ~4 to
~nd~ded~n~pu~d~e~Feem~.8e~d~u~m~a~{~the~U~w~8~{~n~d~{c~.REA~R~d~d~enc~de.~nd~a~ey ave
d~te/mlned Ihat the ~ner~m of enlerlll~ Into m l~mnlldlon ~[~en t~m and Lepic KioeBE REAL~RS outweldl~ add immolate, 8e~ and Bu~ understand ~mt DIeT sty
Ned tndepende~ ~8sl counsel In enter to usbt ~em wRh any m{tsr te~thtg ffi I putdire agreeme~ or to ~e ttannd~n ~h b ~a .abed miter of s pu}dme
meet.
IF FURC!I ASE AUR EEME~T 1~ NOT ACCEPTED DR ~E5 NOT CLOBE
h ~e eveM that Seller mad Buyer do not enter bile an agreement lot putchiNe and lab of hllar'm property m Buyer, or hi ~e eve~ ~lt lhe Fwdase sod s role provided for In Ihe
pnt~hMe IFesmenl ~ h~een ~e SeaLer ind Buyer dues not dose, ~e~ ~s ~nlensud Dud A gen~ tale of ~pl~ ~oege REA~R9 wU[ cease ~d ~F~ Ktoeger REAI,~R~
w~ hcome &e eKdush~ A~ent ul Bu}e~ sod BeUer bued ~n p{eHoully I{THd
AGENCY DISCLOSURE
~l~r mad Burr mcknmvJedle led 18lee thai Lepic Kresge{ REAI,TbRS Jl uIl({erllk~{ I Ca~leulu&] Dull Alehey fopfelon[It[on ~ Ule ll{e el the ibove properly.
~l~r ~nd Un)'er h~ve previously been In/u~med of lhe pox~F oe m Conleh~ud Dud Apncy ~bin8 II ~ Bu~ wo~ln~.wNh mn Agenl become~ }alerted In ~ ptop~ly tkted
I~plc K~oeger REALTORS. {lav~n~ rend lie type o/repr~ent~llon Io be provided, 3e~er ~nd Buy~ conBet to Ihb ~aed du~ ~gency ~nd hueb~ confirm by wt~len
Bu~et'l Sjlnalure Date DIre
Buyer '1 ~{illMufe Date 8elIN's 31gnstu/0
Prepared by: Terry Trueblood, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 00-195
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CIVIC
CENTER RE-ROOF PHASE II PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE 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% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 2:00 P.m. on the 6th day of July, 2000, or
at a later date and/or time as determined by the Director of Parks & Recreation or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Clerk or her 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 18th day of July, 2000, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Passed and approved this 13t, h day of June ,20 00
ATTEST:
CI~LERK
City Attorney's Office
panks&recadminVes~reroofplans.doc
Resolution No. 00-195
Page 2
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO, 00-:196
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY
HOME LOCATED AT 1512 DICKINSON LANE.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority has purchased an environmentally-friendly single
family home at 1512 Dickinson Lane, Iowa City, Iowa; and
WHEREAS, families with income at or below 80% of the median income may qualify to
purchase said home; and
WHEREAS, a qualified family has offered to purchase this home for the principal sum of
$147,000.00, which is the amount the City paid for the home, with the City providing a second
mortgage to the family in the sum of $57,000.00; and
WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership
of their own home; and
WHEREAS, on May 16, 2000 the City Council adopted Resolution No. 00-177 declaring its
intent to convey its interest in 1512 Dickinson Lane, 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:
1. 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 1512 Dickinson Lane, legally
described as Lot 81, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat
thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa to a family
who meets the eligibility requirements to purchase said home under the Iowa City Housing
Authority's Affordable Dream Home Program. The Mayor and City Clerk are further
authorized to execute a second mortgage agreement and resale agreement with said
family for a second roodgage from the City in the amount of $57,000.00.
2. 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.
Resolution No. 00-196
Page 2 of 2
Passed and approved this 13th day of June ,2000.
· R
rove ~
CI'I~LERK City Attorney's Office
It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
06-13-00
11
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-197
RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME
LOCATED AT 1417 FRANKLIN STREET TO THE TENANT AND SETTING A
PUBLIC HEARING FOR JUNE 20, 2000.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) implementing agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 1417
Franklin Street, Iowa City; and
WHEREAS, the tenant at 1417 Franklin Street has offered to purchase this home for the
principal sum of $73,000, 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, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
1417 Franklin Street, Iowa City, Iowa, also known as Lot 5 in Block 1 in Highland
Development Addition, to the tenant for the sum of $73,000.00.
2, A public hearing on said proposal should be and is hereby set for June 2D, 2000, at 7:00
p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City,
Iowa, and that the City Clerk should be and is hereby directed to cause notice of the public
hearing to be published as provided by law.
Passed and approved this 13th day of June ,2000.
· .
Resolution No. 00-197
Page 2
It was moved by Pfab and seconded by Champi on the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Champi on introduced and delivered to
the Clerk the Resolution hereinatter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
$12,000,000 GENERAL OBLIGATION BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ,2000, at
this place.
Council Member Vanderhoef seconded the motion. The roll was
called and the vote was,
A~D~S: O'Donnell, Pfab, Vanderhoef, Wilburn,
Champion, Kanner, Lehman
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 00-198
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF
$12,000,000 GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, this Council has
held a public meeting and hearing upon the proposal to institute proceedings for the
issuance of $12,000,000 General Obligation Bonds for the essential corporate purpose of
paying costs of the construction, reconstruction, and repairing of improvements to streets,
sidewalks and public ways and of facilities useful for the collection and disposal of
surface waters and streams; the rehabilitation, improvement and equipping of existing city
parks; the reconstruction, extension and improvement of the Municipal Airport; the
improvement of real estate for cemeteries and the construction and reconstruction of other
-7-
cemetery facilities and the equipping of the Fire Department, and has considered the
extent of objections received from residents or property owners as to said proposed
issuance of bonds; and, accordingly the following action' is now considered to be in the
best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and takes
additional action for the sale and issuance in the manner required by law of $12,000,000
General Obligation Bonds for the foregoing essential corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 13th day of dune .2000.
ATTEST:
-8-
Whereupon, Council Member 0'Donnel 1 introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ,2000, at
this place.
Council Member Pfab seconded the motion. The roll was
called and the vote was,
A~trES: Pfab, Vanderhoef, Wilburn, Champion,
Kanner, Lehman, O'Donnell
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 00-199
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the acquisition, enlargement, improvement and
equipping of a Public Works Complex, and no petition was filed calling for a referendum
thereon. The following action is now considered to be in the best interests of the City
and residents thereof:
-11-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury RegulatiOn 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 13th day of June ,2000.
ATTEST:
-12-
Whereupon, Council Member Champ i on introduced and delivered
to the Clerk the Resolution hereinaRer set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $330,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ,2000, at
this place.
Council Member Pfab seconded the motion. The roll was
called and the vote was,
AYES: Vanderhoef, Wilburn, Champion, Kanner,
Lehman, O'Donnell, Pfab
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 00-200
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $330,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $330,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the enlargement, improvement and equipping of a
Parks Maintenance Facility, and no petition was filed calling for a referendum thereon.
The following action is now considered to be in the best interests of the City and
residents thereof:
-13-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$330,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation I. 150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 13th day of June ,2000.
ayor
ATTEST:
o14-
Whereupon, Council Member Vanderhoef introduced and delivered
to the Clerk the Resolution hereinatter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $580,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ,2000, at
this place.
Council Member 0' Donne] 1 seconded the motion. The roll was
called and the vote was,
AYES: Wilburn, Champion, Kanner, Lehman,
O'Donnell, Pfab, Vanderhoef
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 00-201
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $580,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $580,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the development, construction, improvement and
equipping of new or undeveloped city parks; roof repair, improvements to the Civic
Center; the purchase of computer equipment for City buildings; the acquisition of art for
public buildings, and no petition was filed calling for a referendum thereon. The
-9-
following action is now considered to be in the best interests of the City and residents
thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$580,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 13th day of June ,2000.
ATTEST:
-10-
oG-.s3-oo
Whereupon, Council Member Pfab introduced and delivered
to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION
BONDS", and moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to
institute proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of ,2000, at this
place.
Council Member Vanderhoef seconded the motion. The roll was
called and the vote was,
AxlES: Champion, Kanner, Lehman, O'Donnell,
Pfab, Vanderhoef, Wilburn
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 00-202
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION
AND ISSUANCE OF NOT TO EXCEED $700,000
GENERAL OBLIGATION BONDS
WHEREAS, pursuant to notice published as required by law, the Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $700,000 General Obligation Bonds for a general corporate purpose, in
order to provide funds to pay costs of the construction of an addition to the Civic Center
and renovation of existing portions thereof, and no petition was filed calling for a
referendum thereon. The following action is now considered to be in the best interests of
the City and residents thereof:
-15-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the authorization and issuance in the manner required by law of not to exceed
$700,000 General Obligation Bonds for the foregoing general corporate purpose.
Section 2. That this Resolution be and does hereby serve as a declaration of
official intent under Treasury Regulation 1.150-2, because the City reasonably expects to
reimburse with the proceeds of the Bonds, all or a portion of the original expenditures
incurred in connection with the above purpose.
PASSED AND APPROVED this 13th day of June ,2000.
ATTEST:
PGOODRICHN233537\I\10714056
-16-
Prepared by: Angela Williams, Associate Planner, 410 E. Washington St., Iowa City IA 52240 (319) 356-5244
RESOLUTION NO. 00-203
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT
FOR EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'R'EST
THE SAME.
WHEREAS, the State of Iowa has received funds for the Emergency Shelter Grants Program
which utilizes U.S. Department of Housing and Urban Development funding to provide shelter
services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for the
homeless in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Emergency Shelter Grants Program funding in the amount of $137,000 available to the City of
Iowa City for the support of the Domestic Violence Intervention Program, Emergency Housing
Project, Greater Iowa City Housing Fellowship, Successful Living Inc., Table to Table, and Four
Oaks (a.k.a. Youth Homes, Inc.).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Agreement for Emergency Shelter Grants Program funding (00-ES-005), a copy of which
is attached hereto, is hereby approved.
2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for
Emergency Shelter Grants Program funding.
3. The City Manager is hereby authorized to execute all necessary documents required by the
Iowa Department of Economic Development for the administration of these funds.
Passed and approved this '13th day of ,]u e ,2000.
Approved by
jccoghs\res~agt-ided .doc
Resolution No. 00-203
Page 2
It was moved by Vanderhoef and seconded by Wi 1 burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
EMERGENCY SHELTER GRANTS PROGRAM
GRANT CONTRACT
RECIPIENT: Iowa City
ESGP CONTRACT NUMBER: 00-ES-005
AWARD DATE: April 20, 2000
EFFECTIVE DATE: July 1, 2000
CONTRACT EXPIRATION DATE: June 30, 2001
AWARD AMOUNT: $137,000
THIS EMERGENCY SHELTER GRANTS PROGRAM CESGP") CONTRACT is made by and between the IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or "IDED")
and Iowa City ("Grantee").
WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and
WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible purposes to improve the quality of
existing emergency shelters for the homeless; and
WHEREAS, the Grantee has agreed to enter into this contract on behalf of the homeless service providers designated for
funding through the Department; and
WHEREAS, the Department has relied upon the representations of proposed Project activities; management and financial
condition of the Grantee; investment of other Project funds; and other material information contained therein; and
WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP funds is to improve the
quality of existing emergency shelters for the homeless;
NOW, THEREFORE, the Grantee accepts this grant upon the tenm and conditions set forth in this Contract. In consideration
of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows:
ARTICLE 1
DEFINITIONS
As used in this Contract, the following terms shall apply:
1.1 ACT. "Act" means the Stewart B. McKinney Homeless Assistance Act of 1988 as amended.
1.2 ALLOWABLE COSTS. "Allowable Costs" are those which costs which are identified on Attachment B, Budget
Summary and consistent with federal regulations and guidelines applicable to the ESGP program.
1.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP participation.
1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract ceases to be in force
and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee fulfills the conditions and project
activities agreed to herein as of the contract expiration date first stated; or b) the Contract is terminated by the Department due to any
default under Article 9; or c) terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions,
Attachment C of this Contract.
1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are to begin and
upon which eligible costs may be incurred against the Contract.
1.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants Program" means the
grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as amended.
1.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities.
Contract Number: 00-ES-005
Page 2 of 14
1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract and all of the
notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents
executed by the Grantee or otherwise required in connection with the Contract, including the ESGP grant and a related shelter's grant
application together with any related submittal documents.
1.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development.
1.10 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate nighttime
residence; or an individual or family who has a primary nighttime residence that is:
(a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
(b) an institution that provides a temporary residence for individuals intended to be institutionalized; or
(c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
The term does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State Law.
1.11 PROJECT. "Project" means the detailed description of the work, services, and other activities to be performed or
accomplished by the Grantee as described in this Contract and the ESGP application approved by the Department.
ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of ~mding for the Grant is a federal appropriation for the Emergency Shelter
Grants Program (ESGP).
2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department of sufficient
federal ~mds for the ESGP program. Any termination, reduction or delay of ESGP funds to the Department shall, at the option of the
Department, result in the termination, reduction or delay of ESGP funds to the Grantee.
2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs for the purposes of
this Contract.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been
requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the Department shall be under no obligation for
further disbursement.
ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the effective date first stated and
shall be undertaken in such sequence as to assure their expeditious completion. All of the services required hereunder shall be
completed on or before the contract expiration date first stated.
3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the
Grantee by the Department for any item of work or service shall conform to the budget as presented in Attachment B, "Budget
Summary". It is further understood and agreed that the total of all payments to the Grantee by the Department for all work and services
required under this Contract shall not exceed the award amount first stated unless modified by written amendment of this Contract as
provided in Section 1.0 of the General Provisions.
ESGP Grant Format
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Contract Number: 00-ES-005
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3.3 LOCAL EFFORT REQUIREMENTS.
(a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such contribution shall be
provided in accordance with the approved Budget Summary, Attachment B. Expenditures above budgeted levels necessary to
complete the statement of work and services shall be paid by local funds.
(b) In-Kind. If the grantee agrees to provide in-kind contributions to the Project, then said contribution shall be
as shown in the approved Budget Summary, Attachment B.
(c) It is expressly understood by the Grantee that should local effort not at least equal grant ~mds expended, the
Grantee will be required to refund the difference between the documented local effort and grant funds expended. As part of the
Payment Request/Status of Funds (specified in Article 08.1 (b)), the grantee shall identify the cash and in-kind local efforts contributed
during the report period.
3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa Administrative Code,
Chapter 24 and all applicable State and Federal laws and regulations, including the Homeless Assistance Grants Manual, which has
been distributed by IDED to the Grantee.
ARTICLE 4
PERFORMANCE TARGET ACHIEVEMENT
4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have accomplished the activities
and performance targets as described in Attachment B, "Budget Summary."
4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to assess whether the
Grantee has met their performance targets at the Contract Expiration Date. The Department shall determine completion according to
the performance targets set forth in Attachment B, "Budget Summary." The Department reserves the right to monitor and measure at
any time during the Contract term the achievement of the performance targets.
ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Grantee shall perform in a satisfactory and proper manner, as determined by the Department, the
work activities and services as written and described in the Grantee's approved Emergency Shelter Grants Budget Summary
(Attachment B).
5.2 EXPENDITURE OF HOMELESS PREVENTION FUNDS. The Grantee shall ensure the use and expenditure of
Contract funds for the purpose of homeless prevention within 180 days of the start of this Contract. Any funds remaining in the budget
for this purpose after the expiration of the 180 days may be utilized for other purposes only after a formal budget amendment to this
Contract. If the Grantee cannot utilize any funds remaining for other purposes, the Department may require the amendment of this
Contract to reduce the award amount by a similar amount.
5.3 BUDGET REVISIONS. Budget revisions that would result in increases of budgeted line item amounts in excess of
twenty percent (20%) of the total contract award shall be subject to approval of the Department through the contract amendment
process. Budget line item decreases that would lower the Recipient's performance level required under this Contract must be approved
by the Department through the amendment process. In no instance shall a budget revision result in total costs exceeding the total
Contract amount without approval of the Department through the contract amendment process. Budget revisions shall be compatible
with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final
ninety (90) days of the Contract period will be approved by the Department only if it determines that the revisions are necessary to
complete Project activities
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
Page 4 of 14
5.4 COST VARIATION.
a) In the event that the total Project cost is less than the amount specified in the Emergency Shelter Grants Budget Summary
(Attachment B), the ESGP participation shall be reduced at the same ratio to the total project cost reduction as the ratio of the ESGP
funds to the total amount of funds provided by the Recipient and all funding sources requiring a proportional reduction of their
financial contribution to the Project. Any disbursed excess above the reduced ESGP participation amount shall be returned
immediately to the Department.
b) In the event that the total Project cost is greater than the amount specified in the Emergency Shelter Grants Budget
Summary (Attachment B), the Department shall, upon request, consider increasing the ESGP participation in the same ratio to the total
increase in project cost as the ratio of the ESGP funds to the total amount of funds provided by the Recipient and all other funding
sources able and willing to offer the Project an increase of funds. The consideration of an increase of ESGP funds for a Project shall
be subject to availability of funds, determination bf reasonable and allowable costs, and all other applicable program rules.
c) The Recipient may request the Department to increase the ESGP participation to an amount that is higher than the
proportional ratio. The Department may permit such a higher increase if, in the Department's judgement, the Recipient has
demonstrated financial hardship.
ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Department shall be under no obligation to disburse to the
Grantee any amounts under this Grant Contract:
6.1 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and, where required,
acknowledged.
6.2 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released under this
Contract until the Grantee has satisfied the environmental review and release of funds requirements set forth in 24 CFR 576.52, as
summarized in the Homeless Assistance Grants Manual.
6.3 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the Department has
reviewed and approved all material, such as permits or licenses from other state or federal agencies, which may be required prior to
project commencement.
6.5 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the Activity(ies), shall
receive and review the subrecipient agreement between the grantee and approved subrecipient(s).
6.5 REVIEW OF DISABLED ACCESSIBILITY. Construction shall not begin prior to plan review and approval of
disabled accessibility by the Building Code Program staffof the Iowa Department of Public Safety.
ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF GRANTEE
To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants and warrants that:
7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant Contract. All
action on the Grantee's part, such as appropriate resolution of its governing board for the execution and delivery of the Grant Contract,
has been effectively taken.
7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to
the Department are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the
effective date of the statements and related materials, and no material adverse change has occurred since that date.
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
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7.3 APPLICATION. The contents of the application(s) from the shelters to be administered by the Grantee which were
submitted to the Department for ESGP funding is a complete and accurate representation of the Project as of the date of submission
and there has been no material adverse change in the organization, operation, or key personnel of the Grantee since the date the
Grantee submitted its ESGP application to the Department.
7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to the knowledge of
the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to execute the Grant or the ability of the
Grantee to make the payments required under the Grant, or to otherwise comply with the obligations of the Grant contained under the
Grant. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority
pending or, to the knowledge of the Grantee, threatened against or affecting the Grantee or any property involved in the Project.
7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts, agreements or
arrangements of any kind which are inconsistent with the Grant Contract.
7.6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants, warranties and
representations of this Article are made as of the award date of this Contract and shall be deemed to be renewed and restated by the
Grantee at the time of each advance or request for disbursement of funds.
ARTICLE 8
COVENANTS OF THE GRANTEE
8.1 AFFIRMATIVE COVENANTS. Until the project has been closed out, audited, and approved by IDED, the
Grantee covenants with IDED that:
(a) PROJECT WORK AND SERVICES. The Grantee shall perform work and services detailed in the ESGP
application by the Contract Expiration Date. Shelters are required, to the maximum extent practicable, to involve homeless individuals
and families in the construction, renovation, maintenance, and operation of facilities assisted under the Emergency Shelter Grant
Program.
(b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as specified below in the
form and content specified by the Department. The requests and reports shall be submitted to the Department by the 10th of the month
when due, and for f'mal reports, within thirty (30) days after the Contract Expiration Date. The Grantee shall review all reimbursement
requests, to be submitted not more often than once a month, and verify that claimed expenditures are allowable costs. The Grantee
shall maintain documentation adequate to support the claimed costs.
REPORT DUE DATE
Activity Status Report (Form 3) 10th of every month accompanying any funds request (original and one copy)
Payment Request/Status of Funds (Form 1 ) 10th of every month after submitting initial request (original and three copies)
Counting Homeless Iowans Program (CHIP) Submitted to Iowa State University on a monthly basis.
Updates to the Applicant/Recipient As needed due to changes
Disclosure Report
Audit Report In accordance with Single Audit Act of 1996, as amended.
The Department reserves the right to require more frequent submission of the reports than as shown above if, in the opinion of the
Department, more frequent submissions would help improve the Grantee's Emergency Shelter Grants Program.
(c) RECORDS. The Grantee shall maintain books, records, documents and other evidence pertaining to all
costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to reflect all costs, direct and indirect,
of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature, for which payment is claimed under
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
Page 6 of 14
this Grant Contract. The Grantee shall maintain books, records and documents in sufficient detail to demonstrate compliance with the
Grant Contract and shall maintain these materials for a period of five (5) years beyond the date upon which the final audit of the
project is accepted by IDED. Records for non-expendable property acquired under this Contract shall be retained for a five (5) year
period after the final disposition of property. Records shall be retained beyond the prescribed period if any litigation or audit is begun
or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records shall be retained until
the litigation, audit or claim has been finally resolved.
(d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at any time,
permit HUD or its representatives, the General Accounting Office or its representatives, and the Department, its representatives or the
State Auditor to examine, audit and/or copy (i) any plans and work details pertaining to the Project, (ii) all of the Grantee's books,
records and accounts, and (iii) all other documentation or materials related to this Grant; the Grantee shall provide proper facilities for
making such examination and/or inspection.
(e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only for the
purposes and activities described in this Contract and as approved by the Department.
(f) DOCUMENTATION. The Grantee shall deliver to IDED, upon request, (I) copies of all contracts or
agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for
labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required
at any given time to complete and pay for the Project.
(g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation of any claims,
lawsuits or proceedings brought against the Grantee.
(h) INDEMNIFICATION. The Grantee shall indenmify and hold harmless the Department, its officers and
employees from and against any and all losses in connection with the performance of this Contract.
(i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material alteration in the
Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence, the Grantee shall promptly
notify the Department.
(j) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted and
administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes are expressly made
applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such
activities by their own terms. The Grantee certifies and assures compliance with the applicable orders, laws and implementing
regulations, including but not limited to, the following:
(i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB
Circular A-110 ("Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost Principles of Nonprofit Organizations"), OMB Circular
A-87 ("Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal
Governments"), OMB Circular A-128 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the
implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85.
(ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public Law 100-77)
and regulations which implement this law.
(iii) Department of Housing and Urban Development regulations governing the ESGP program,
24 Code of Federal Regulations, Part 576.
(iv) Section 102 of the Department of Housing and Urban Development Reform Act of 1989
(P.L. 101-235), and implementing regulations.
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES~005
Page 7 of 14
(v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352;
42 U.S.C. 2000d et seq.); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa
Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and Executive Order #34, dated July 22, 1988; Presidential
Executive Order 11063, as amended by Executive Order 12259; Presidential Executive Order 11246, as amended; Section 504 of the
Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended
(42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101 - 12213; and related Civil
Rights and Equal Opportunity statutes; and regulations which implement these laws.
(vi) Fair Housing Act, Public Law 90-284. The Public Fair Housing Act is part of Title VIII of the
Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban Development Act of 1968 as
amended ( 12 U.S.C. 1701 u); and regulations which implement these laws.
(vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of minority and
women's business enterprises in connection with activities funded under the program.
(viii) Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of
the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); the Department of Defense Reauthorization Act of 1986;
and regulations which implement these laws.
(ix) Fair Labor Standards Act and implementing regulations.
(x) Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), as amended, and
implementing regulations.
(xi) National Environmental Policy Act of 1969 (NEPA), as amended, and implementing regulations.
(xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal Barriers
Resources Act (16 U.S.C. 3501)
(xiii) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
(URA)(42 U.S.C. 4601 ) and implementing regulations;
(xiv) Hatch Act (regarding political partisan activity and federally funded activities) and implementing
regulations.
(xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and
implementing regulations.
(xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR pan 24, subpart F.
(xvii) Administrative rules adopted by the Iowa Department of Economic Development, 261 Iowa
Administrative Code, chapter 24.
(xviii) Financial and Program Management guidelines issued by the Iowa Department of Economic
Development: the Homeless Assistance Grants Manual, the IDED Audit Guide.
(xix) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and any
subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or
commit waste or damage upon the Project property. At the Department's request, the Grantee or subrecipient shall pay for and
maintain insurance as is customary in their industry. This insurance shall be in an amount not less than the full insurable value of the
Project property. The subrecipient shall name the Grantee and Department as a mortgagee and/or an additional loss payee, as
appropriate, and the Grantee shall name the Department as a mortgagee and/or an additional loss payee, as appropriate, and submit
copies of the policies to the Department.
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
Page 8 of 14
8.2 NEGATIVE COVENANTS. During the Grant Contract term the Grantee covenants with IDED that it shall not,
without the prior written disclosure to and prior written consent of IDED, directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract.
(b) ADMINISTRATION. Discontinue administration activities under the Contract.
ARTICLE 9
DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant Contract:
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or statement made or
furnished to the Department by, or on behalf of the Grantee in connection with this Contract or to induce the Department to make a
grant to the Grantee shall be determined by the Department to be incorrect, false, misleading or erroneous in any material respect when
made or furnished and shall not have been remedied to the Department's satisfaction within thirty (30) days after written notice by the
Department is given to the Grantee.
(b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the covenants, terms or
conditions contained in this Contract.
(c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the Department, is not
completed on or before the Contract Expiration Date.
(d) MISSPENDING. If the Grantee expends Grant proceeds for purposes not described in the ESGP
application, this Contract, or as authorized by the Department.
(e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the property of the
Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the Department, there is insufficient
insurance coverage.
9.2 NOTICE OF DEFAULT. IDED shall issue a written notice of default providing therein a fifteen (15) day period in
which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall have the fight, in
addition to any fights and remedies available to it to do one or more of the following:
(a) exercise any remedy provided by law,
(b) require immediate repayment of up to the full amount of funds disbursed to the Grantee under this Contract plus
interest.
9.4 FMLURE TO MEET PERFORMANCE TARGETS. If the Grantee is determined by the Department to be in
default of this Contract due to meeting less than one hundred percent (100%) of its Performance Targets, the Department may require
full Grant repayment or, at its discretion, the Department may permit repayment of Grant proceeds which allows partial credit for the
performance targets which have been met, or the Department may permit other remedies that the Department determines to be
appropriate.
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
Page 9 of 14
ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms and conditions
of the following documents which are hereby incorporated by reference:
1. Attachment B, "Budget Summary," dated April 20, 2000.
2. Attachment C, "General Provisions," dated June 1, 1998.
10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the following order of
priority shall govern:
1. Articles 1 through 11 herein.
2. Attachment B, "Budget Summary", dated April 20, 2000.
3. Attachment C, "ESGP Program General Provisions", dated June 1, 1998.
ARTICLE 11
MISCELLANEOUS
11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as needed and shall
not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10) working days, after which time any
surplus amount shall be returned to the Department.
11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of the Department
and Grantee and their respective successors, legal representatives and assigns. The obligations, covenants, warranties,
acknowledgments, waivers, agreements, terms, pro. visions and conditions of this Grant Contract shall be jointly and severally
enforceable against the parties to this Grant Contract.
11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or unenforceable, the
remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive the execution of all instruments herein
mentioned and shall continue in full force until the project is completed as determined by the department.
11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the State of Iowa,
and any action relating to the
Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the
Southern District of Iowa.
11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one party to another,
it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other
address as may have been designated by written notice), properly stamped, sealed and deposited in the United State Mail. Any such
notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The
Department may rely on the address of the Grantee set forth heretofore, as modified from time to time, as being the address of the
Grantee.
11.6 WAIVERS. No waiver by the Department of any default hereunder shall operate as a waiver of any other default or
of the same default on any future occasion. No delay on the part of the Department in exercising any right or remedy hereunder shall
operate as a waiver thereof. No single or partial exercise of any right or remedy by the Department shall preclude future exercise
thereof or the exercise. of any other right or remedy.
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Contract Number: 00-ES-005
Page 10 of 14
I 1.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any circumstances, be obligated
financially under this Grant Contract except to disburse funds according to the terms of the Contract.
11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference and shall be
given no effect in the construction and interpretation of this Grant Contract.
11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and the Department
and any representations that may have been made before or after the signing of this Grant Contract, which are not contained herein, are
nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Grant Contact.
11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year specified below.
GRANTEE: Iowa City . .' .:.......' .............' ........,
BY: ' .' ..~
The Honorable Ernie Lehman ;')~")
Mayor, City of Iowa City '- · .' .',;.."..' .' ."."." -' ' '
City Hall - 410 E. Washington St. ' "-' -' ~.; -' -' '
Iowa City, IA 52240-1826 "'; ." '
DATE:
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT:
BY: ~~'~~
ESGP Grant Format
Revised May 4, 2000
ATTACHMENT C
GENERAL PROVISIONS
EMERGENCY SHELTER GRANTS PROGRAM (ESGP)
Approved Junel, 1998
1.0 AMENDMENT.
a) WRITING REQUIRED. The Contract may only be amended through written prior approval of IDED. Examples of situations
where amendments are required include extensions for completion of Project activities, changes to the Project including, but not
limited to, alteration of existing approved activities or inclusion of new activities.
b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above, IDED may unilaterally modify the Contract at will
in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable federal, state or
local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Grantee as an amendment to
this Contract.
c) IDED REVIEW. IDED will consider whether an amendment request is so substantial as to necessitate reevaluating IDED's
original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the
Pro.~ect funding was originally approved or if it does not meet requirements set forth in 261 Iowa Administrative Code, Chapter
24.
2.0 AUDIT REQUIREMENTS.
SINGLE AUDIT. The Grantee shall ensure that an audit is performed in accordance with the Single Audit Act as amended in 1996 (P.L.
104-156) which requires that an audit be performed in accordance with the OMB Circular A-133 and a copy of the audit report submitted
to the IDED if the Grantee receives $300,000 or more in federal funds within a fiscal year.
If the Grantee is required by State law, or its own policies, to have a periodic audit performed, then a copy of that audit report will be
provided to the IDED.
The IDED, at its discretion, does reserve the right to request that an audit and review be performed at project completion. If requested,
this audit and review will be at the expense of the IDED.
3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Grantee shall comply with all applicable State and federal laws, rules,
ordinances, regulations and orders.
4.0 UNALLOWABLE COSTS. If IDED determines at any time, whether through monitoring, audit, closeout procedures or by other means
or process that the Grantee has expended funds which are unallowable, the Grantee will be notified of the questioned costs and given an
opportunity to justify questioned costs prior to IDED's final determination of the disallowance of costs. Appeals of any determinations will
be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is IDED's final determination that costs previously paid by
the IDED are unallowable under the terms of the Contract, the expenditures will be disallowed and the Grantee shall repay to IDED any
and all disallowed costs.
5.0 PROGRAM INCOME. All program income as defined in OMB Circular A-102 and 261 Iowa Administrative Code, Chapter 24, shall
either be added to the Project Budget and used to further eligible Project objectives as defined in the Contract and the Scope of Work in the
ESGP Application for funding. Program income not used to further Project objectives will be deducted from the total Project Budget for
the purpose of determining the amount of reimbursable costs under the Contract. The final disposition of program income shall be made by
IDED.
6.0 INTEREST EARNED. To the extent it can be determined that interest was earned on ESGP funds, this interest shall be returned to IDED.
7.0 SUSPENSION. When the Grantee has failed to comply with the Contract, award conditions or standards, IDED may, on reasonable notice
to the Grantee, suspend the Contract and withhold future payments, or prohibit the Grantee from incurring additional obligations of ESGP
funds. Suspension may continue until the Grantee completes the corrective action as required by IDED. IDED may allow such necessary
and proper costs which the Grantee could not reasonably avoid during the period of suspension provided IDED concludes that such costs
meet the provisions of HUD regulations issued pursuant to OMB Circular A-87.
8.0 TERMINATION.
a) FOR CAUSE. IDED may terminate the Contract in whole, or in part, whenever IDED determines that the Grantee has failed to
comply with the terms and conditions of the Contract.
Contract Number: 00-ES-005
Page 12 of 14
b) FOR CONVENIENCE. IDED, the Grantee may terminate the Contract in whole, or in part, when all parties agree that the
continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds.
c) DUE TO REDUCTION OR TERMINATION OF ESGP FUNDING. At the discretion oflDED, the Contract may bc
terminated in whole, or in part, if there is a reduction or termination of ESGP federal grant funds to the State.
9.0 PROCEDURES UPON TERMINATION.
a) NOTICE. IDED shall provide written notice to the Grantee of the decision to terminate, the reason(s) for the termination, and
the effective date of the termination. If there is a partial termination due to a reduction in funding, the notice will set forth the
change in funding and the changes in the approved budget. The Grantee shall not incur new obligations beyond the effective date
and shall cancel as many outstanding obligations as possible. IDED's share ofnoncanccllablc obligations which IDED
determines were properly incurred prior to notice of cancellation will be allowable costs.
b) RIGHTS IN PRODUCTS. All finished and unfinished documents, data, reports or other material prepared by the Grantee under
the Contract shall, at IDED option, become the property of IDED.
c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered funds within one week of receipt of the notice of
termination. Any costs previously paid by IDED which are subsequently determined to be unallowable through audit,
monitoring, or closeout procedures shall be returned to IDED within thirty (30) days of the disallowance.
ENFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all reasonable fees and expenses of the Department,
including the fees and expenses of their attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of
the Department under this Contract.
11.0 INDEMNIFICATION. The Grantee shall indemnify and hold harmless the Dcpartment, its officers and employees, from and against any
and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person, firm or corporation furnishing or
supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Contract.
12.0 CONFLICT OF INTEREST.
a) GENERAL. Except for the use of ESGP funds to pay salaries and other related administrative or personnel costs, no persons
identified in paragraph "b" below who exercise or have exercised any functions or responsibilities with respect to ESGP assisted
activities or who are in a position to participate in a decision making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from a ESGP assisted activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have
family or business ties, during their tenure or for one year thereafter.
b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent,
consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies, or subrecipients which
are receiving ESGP funds.
c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public Officials Act", shall be adhered to by the
Grantee, its officials and employees.
13.0 USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. ESGP funds shall not be used
directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any
period ofdebarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or
regulation of the Department of Labor.
14.0 CIVIL RIGHTS.
a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate against any qualified employee or applicant for
employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Grantee may take
affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color,
religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment,
upgrading, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of
compensation; and selection for training, including an apprenticeship. The Grantee agrees to post notices setting forth the
provisions of the nondiscrimination clause in conspicuous places so as to be available to employees.
ESGP Grant Fortnat
Revised May 4, 2000
Contract Number: 00-ES-005
Page 13 of 14
b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all solicitations or advertisements for employees placed by
or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin, age, or disability.
Solicitation and Advertisement - The Grantee shall list all suitable employment openings in the State Employment Service local
offices.
c) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Grantee shall comply with all relevant provisions of the Iowa
Civil Rights Act of 1965 as amended, Iowa Executive Order 15, Federal Executive Order 11246, as amended; Title VI of the
U-S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section
201 et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336, 42 U.S.C. 12101-12213, Section 504 of the
Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794), and the Age Discrimination Act of 1975 as amended
(42 U.S.C. Section 6101 et seq.). The Grantee will furnish all information and reports requested by the State of Iowa or required
by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa
to investigate compliance with these rules and regulations.
d) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON Li3BBYING. The Grantee certifies, to the
best of his or her knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer.or employee of any agency, a Member of Congress, an officer or employee, or an
employee of a Member of congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance
with its instruction.
iii. The Grantee shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
e) PROGRAM NONDISCRIMINATION. The Grantee shall conform with requirements of Title V1 of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the
United States shall on the basis of race, color, national origin, sex or religion or religious affiliation be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in
part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or applicable provisions of the Americans with Disabilities Act
(P. L. I 01-336, 42 U.S.C. 12101 - 12213) with respect to an otherwise qualified individual with a disability, and as also provided
in Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. Section 794), shall also apply to any such program or
activity.
f) FAIR HOUSING. The Grantee shall comply with Title VIil of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally
known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal
Executive Order 11063, as amended by Federal Executive Order 12259.
g) SECTION 3 COMPLIANCE. The Grantee shall comply with provisions for training, employment, and contracting in
accordance with Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701 u).
h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Grantee's noncompliance with the
nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be
canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action, imposing
ESGP Grant Format
Revised May 4, 2000
Contract Number: 00-ES-005
Page 14 of 14
other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 60 1 A, Code of
Iowa) or as otherwise provided by law.
i) INCLUSION IN SUBCONTRACTS. The Grantee will include the provisions of the preceding paragraphs of Section 14 in
every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Grantee
will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions
including sanctions for noncompliance. In the event the Grantee becomes involved in or is threatened by litigation with a
subcontractor or vendor as a result of such direction by the State of Iowa, the Grantee may request the State of Iowa to enter into
such litigation to protect the interests of the State of Iowa.
15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat
of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration
of this Contract, shall be in any way or to any extent, engaged in the conduct of political activities in contravention of The Hatch Act (5
U.S.C. 15).
16.0 M1NORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shall comply with the requirements of Executive Orders 11625,
12432, and 12138. Consistent with responsibilities under these Orders, the grantee must make efforts to encourage the use of minority and
women's business enterprises in connection with activities funded under this part.
17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug Abuse Act of 1988 (P. L. 100-690) The Grantee will
administer, in good faith, policies designed to ensure that the assisted homeless facility is free from illegal use, possession, or distribution
of drugs or alcohol by its beneficiaries.
ESGP Grant Fornmt
Revised May 4, 2000
IOWA EMERGENCY SHELTER GRANTS PROGRAM
A T T A C H M E N T B ~,'rs: A.d, 20.2000
Contract Number: 00-ES-O05 To be filled in by DED
Grantee: City of Iowa City Original
Address: City Hall, Iowa City, Iowa Amendment #,~~
Homeless Agency(s): 52001 -DV Intervention Pgm; 52003-Emerg Hsg Project; 52004-Gtr Iowa FId Rep Sgn
City Hsg Fellowship; 52006-Four Oaks;52007-Table to Table; 52020-Successful Living
BUDGET SUMMARY
AMOUNT BUDGETED
PROJECT DESCRIPTION PERFORMANCE TARGET ESGP OTHER TOTAL
Local Match
52001-Domestic Violence Intervention Pgm $29.310
52003-Emergency Housing Project $44,130
52004-Gtr Iowa City Housing Fellowship $4.830
52006-Four Oaks $25,210
52007-Table to Table $22,590
52020-Successful Living Supportive Housing $10.930
$137,000
JActivity 1: REHABILITATION / RENOVATION None $0
Activity 2: ESSENTIAL SERVICES None $0
Activity 3: MAINT., OPER., INSUR., UTIL., FURN.
52001 -$23,900 $23,900
52003- $42.000 $42,000
52006-$20,500 $20,500
52007-$21,500 $21,500
52020- $10.400 $10,400
SUBTOTAL: $118,300
Activity4: HOMELESS PREVENTION
52001 -$4,000 $4.000 $4,000
52004-$4,600 $4.600 $4,600
52006- $3,500 3500 $3,500
SUBTOTAL: $12,100
GRANTEE ADMINISTRATION: (Audit, Reporting, Local Coordination) $7~.60(~(~ :;~:~:~!?:.~!~:.::.~:::.~'::i:::!:::~::::~:::.iiii:~i~i1$6,600
.... ToTA, AMOU,T OF AL, FU,DS BUDgETEd: ............. $274_.000
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-204
RESOLUTION OF INTENT TO CONVEY LOT 85, SOUTH POINTE ADDITION, PART
5, LOCALLY KNOWN AS 1552 DICKENSON LANE, IOWA CITY, IOWA TO
GREATER IOWA CITY HOUSING FELLOWSHIP, AND SETTING A PUBLIC
HEARING FOR JUNE 20, 2000.
WHEREAS, the City owns Lot 85, South Pointe Addition, Part 5, locally known as 1552 Dickenson
Lane, Iowa City, Iowa; and
WHEREAS, said lot was purchased by a recipient of HOME funding and subsequently transferred
to the City when the HOME agreement was terminated; and
WHEREAS, the City Council desires that Lot 85 continue to be used to provide affordable housing
opportunities and to this end desires to transfer Lot 85 to the Greater Iowa City Housing
Fellowship (GICHF), a non-profit entity providing affordable housing in the Iowa City community,
in accordance with federal regulation governing the use of HOME funds and subject to execution
by GICHF of an agreement approved by the City for use of said funds and property.
NOW, THEREFORE, BE IT RESOLVED-BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council does hereby declare its intent to convey its interest in Lot 85, South
Pointe Addition, Part 5, Iowa City to the Greater Iowa City Housing Fellowship in
accordance with federal regulations governing the use of HOME funds and subject to
execution by GICHF of an agreement approved by the City for use of said funds and
property.
2. A public hearing on said proposal should be and is hereby set for June 20, 2000 at 7:00
p.m. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as
posted by the City Clerk. The City Clerk is hereby directed to cause notice of public
hearing to be published as provided by law.
Passed and approved this :].3th day of June ,20 00
CITYP/CLERK City Attorney's Office
Eleanor%res\lot85. doc
Resolution No. 00-;204
Page 2
It was moved by Pfab and seconded by Charnpi on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140
RESOLUTION NO. 00-205
RESOLUTION APPROVING THE DESIGN OF THE EXTERIOR SIGNAGE TO
THE OLD CAPITOL MALL TOWN CENTER ON CLINTON STREET.
WHEREAS, the applicant, John F. Shaw, on behalf of Madison Realty Group has filed an
application for the design approval of the exterior signage design of the Old Capitol Mall Town
Center, hereina~er "Project;" and
WHEREAS, given that the project consists of new signage occurring on a parcel that was pad of
urban renewal and subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review,"
of the City Code requiring the Design Review Committee to review and make a recommendation
to the City Council regarding the design of the project; and
WHEREAS, the design review application for the project, a copy of which is on file in the Public
Works Department, Engineering Division, has been reviewed by the Design Review Committee
and after a consensus vote has recommended that the design of the project be approved; and
WHEREAS, the design of the project with the above stated conditions is found to conform with all
of the applicable requirements of the Design Review Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The design of the exterior signage of the Old Capitol Mall Town Center be approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authodzed and directed
to certify this resolution; and
3. Upon this approval, necessary permits may be issued for the project upon full compliance
with all applicable codes and ordinances.
Passed and approved this 13th day of June , ?RO0
ATTEST: "/F/' ~7~z. L--,'
City Attorney's Office
pweng/res/oldcapitd.doc
j
Resolution No. 00-205
Page 2
It was moved by Pfab and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
X Vanderhoef
X Wilburn
ApROX 60'
Old Capitol Town Center
iowa City, IOWA
CANOPY DETAIL
T
Banner Detail
Old Capi~col Town Center
WALL SCONCE
90 watt HALOGEN
Old Capitol Town Center
:~ JOB NO~ OCM
<z: , J DATE: MAY 2000
< DRAWN 8Y~ 6K
: @~,..~.k.s,=c ~,o.O~..,~.k..s,::c ~,o~A 3
~'~ · ·~ I
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436
RESOLUTION NO. 00-206
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE POLICE 2ND FLOOR CONSTRUCTION PROJECT.
WHEREAS, Moore Construction Company of Iowa City, Iowa has submitted the lowest
responsible bid of $534,800.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY,-IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Moore
Construction Company, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 13th day of June, 2000.
CI'~LERK
City Attomey's Office
pwengVes'~oolice2nd .doc
9~99
Resolution No. 00-206
Page 2 :
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Publish 4/24 -7! ~ i
ADVERTISEMENT FOR BIDS
IOWA CITY CIVIC CENTER POLICE SECOND
FLOOR CONSTRUCTION PROJECT
· .~ealed proposal8 will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:30 P.M.
on the 25th day of May, 2000, and shall be
received in the City Olerk'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 13th day of June,
2000, or at such later time and place as may be
scheduled.
The Project will involve the following:
A second floor addition to the Civic
Center west on the Police Department.
All work is to be done in strict compliance with
the plans and specifications prepared by John F.
Shaw, Architect, which have heretofore been
approved by the City Council, and are on file for
public examination in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the 8tare 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
protect and save harmless the City from all claims
AF-1
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:
Completion Date: April 1,2001
Specified Start Date: June 26, 2000
Liquidated Damages: $300.00 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 City of Iowa City Engineering
Division by bona fide bidders.
A $50.00 refundable (provided plans and specs
are returned in good condition within 10 business
days of bid date) fee is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to the City of Iowa
City.
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-js.doc
AF-2
Prepared by: Andrew Matthews, Ass't. City Attomey, 410 Eo Washington St.. Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-207
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DIGITAL
TELEPORT INC. TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-
WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER
OPTIC NETWORK.
WHEREAS, Digital Telepod Inc. desires to install a buried conduit system containing a fiber
optic telecommunications cable from Coralville, Iowa to West Liberty, Iowa; and
WHEREAS, it is in the public interest to enter into an agreement with Digital Teleport Inc.
concerning the construction work and the responsibility for the installation and maintenance of
the fiber optic cable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The attached agreement between the City of Iowa City and Digital Teleport Inc. to use
certain streets and public rights-of-way as set out in said agreement for the placement of
fiber optic cable is in the public interest, and is hereby approved as to form and
substance.
2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement,
on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record
the resolution and agreement in the Johnson County Recorder's Office, at Digital
Teleport Inc.'s expense.
Passed and approved this ].3th day of ,June ,2000..
Approved by
CI'~CLERK City At~Grn~y's Office
andyVes~fibedic.doc
Resolution No. 00-207 '
Page 2
It was moved by Champ'ion and seconded by Vanrlp~'hnPf the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Prepared by: Andrew P. Matthews, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND DIGITAL TELEPORT
INC. USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF A FIBER OPTIC NETWORK.
SECTION I. DEFINITIONS
a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Public improvements" shall mean any publicly owned improvements on public property,
including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic
signals, water mains, sewers, electric transmission lines and equipment related thereto,
cable and telephone lines and equipment related thereto.
c. "Public property" shall mean City-owned or controlled public land and rights-of-way,
easements, bridges, parks, squares and commons.
d. "Network" shall mean Digital Teleport Inc. and shall include equipment owned, operated,
leased, or subleased in connection with the operation of the network, and shall include
cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission
lines and other overhead cable and lines.
SECTION 2. BASIC GRANT
Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and
retain a communications system in, under, upon, along and across the public property shown
and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the
conditions hereina~er set forth.
SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK
Before commencing any extension or expansion of its system, or any major repair work or the
installation of any new system in the City, the Network shall file with the Public Works
Department of the City a written statement verifying the public property under which or upon
which the Network proposes to extend, expand, install or repair its system. The Director of
Public Works may require the statement be accompanied by a map, plan or specifications
showing the proposed location of the system components with references to streets and alley,
the size and dimensions of all facilities, and the distance above or beneath the surface of the
ground proposed for repair or installation. If the proposed locations of any facilities shall
interfere with the reasonable and proper use, construction, reconstruction and maintenance of
any public improvements or any existing City-owned public utility system component, or other
structure upon or under public property, the Director of Public Works shall, within a reasonable
time after the filing of such plan, map or specifications, note the changes necessary to eliminate
all interference with a public improvement or existing City-owned public utility system facility and
refer the same back to the Network for amendment. Any such review, approval or amendment
shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications,
when properly changed and corrected, shall be filed in the Public Works Depadment; and after
the approval of same by the Director of Public Works, a permit shall be issued authorizing the
Network to proceed in accordance with the approved maps, plans or specifications. No such
excavation, construction or erection shall be commenced before the issuance of the permit
herein provided for, unless it is an emergency as described in Section 5. All work performed by
Network shall be in accordance with the approved maps, plans or specifications.
SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK
In the process of location, construction, reconstruction, replacement, or repair of any system
component, the excavation or obstruction made or placed in public property at any time or for
any purpose by the Network shall, to protect the public and assure the safe and efficient
movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth
in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be
properly and speedily replaced in accordance with the City's regulations, City's Municipal
Design Standards and Standard Construction Specifications, and warranted for a period of five
(5) years. As a condition to the use of public property, the Network shall, at its own expense,
repair or cause repair to any private property, public utility system component, public
improvement, or public property damaged by such location, construction, reconstruction,
replacement or repair work. If the Network fails to repair or arrange with the City for the proper
repair of any public property after excavations have been made, and after thirty days' notice in
writing to do so given to its designated representative, then the City may make such repairs at
the expense of the Network.
SECTION 5. EXCAVATIONS
The Network is authorized to make excavations in City streets, avenues, alleys and public
property for purposes of routine repair, replacement, and maintenance of wires, lines or other
system components associated with the Network. In making such excavations, the Network
shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily
obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works
Director with twenty-four (24) hours notice prior to the actual commencement of the work, and
shall comply with all City provisions, requirements and regulations in performing such work.
However, three (3) days' notice shall be provided to the Public Works Director for any work
requiring a street closure or detour. In emergencies which require immediate excavation, the
Network may proceed with the work without first applying for or obtaining the permit, provided,
however, that the Network shall apply for and obtain the permit as soon as possible after
commencing such emergency work. Excavations shall not remain open for more than five (5)
working days, without prior City approval.
Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section,
the City may repair or restore the public property to a condition as good as the condition or the
property prior to the disturbance by the Network. The Network shall pay the costs of such repair
or restoration. The Network shall pay to the City its costs and charges for such work within sixty
(60) days after receipt of the City's billing.
SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION
TO CONFORM WITH PUBLIC IMPROVEMENTS
The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts,
manholes and other appurtenances, and to do, or permit to be done, any underground and
overhead installation or improvement that may be deemed necessary or proper by the City in,
across, along, over or under any public property occupied by the Network, and to change any
curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall
not be liable to the Network for any damages arising out of the performance of such work by
other parties. Nothing in this agreement shall be construed to relieve other persons or
corporations from liability for damage to the Network's facilities.
SECTION 7. NETWORK CONTRACTORS
The requirements of this agreement shall apply to all persons, firms or corporations performing
work for the Network under a contract, subcontract, time and materials arrangement or other
type of work order.
SECTION 8. CONDITIONS OF STREET OCCUPANCY
The fiber optic cable systems and other components of the facilities erected by the Network
within the City shall conform to established grades of streets, alleys and sidewalks, and be so
located as to cause minimum interference with the other public utilities located in or upon public
property, and to cause minimum interference with the rights or reasonable convenience of
property owners who adjoin public property.
The Network shall conduct its work hereunder in such manner as to cause as little interference
as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any,
given by the Director of Public Works.
The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate
and relocate its facilities in, on, over or under public property in such manner as the City may at
any time require for the purpose of facilitating the construction, reconstruction, maintenance,
repair or change in grade of any public improvement on, in or about any such public property,
for the purpose of promoting the efficient operation of any such improvement, or for the
purposes of facilitating the vacation and/or redevelopment of public property or public right-of-
way by the City. In the event the Network fails to act within a reasonably allocated time, the City
may cause the Network facilities to be relocated, and the costs thereof shall be to the Network
and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors
employed by the City that are a result of Network's failure to act within a reasonable time shall
be the responsibility of the Network. In the case of Public Works projects, reasonable time shall
be defined as the six week period from the date of the public hearing.
The Network shall not place its facilities in the public property where the same will interfere with
the normal use or maintenance of any public improvement, including but not limited to streets,
alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water
mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5)
foot minimum horizontal clearance from any public utility, including water mains, storm sewers,
sanitary sewers, and storm drains.
Upon request, the Network agrees to assist in locating underground facilities which are part of
its system. Such assistance will be provided in a timely manner, but not more than forty-eight
(48) hours after the time of request. As a condition of this agreement the Network shall enroll as
a member of the "Iowa One-Call System" and shall respond to all requests and notifications
placed to the toll-free "One-Call" number.
Installation, repair, or replacement work completed by the Network or any facilities requiring
excavation of public property or public right-of-way shall require Network to restore and replace
surface vegetation with sod in conformance with City ordinances and in accordance with
standard local practices for placing sod.
SECTION 9. ABANDONED FACILITIES
The Network shall notify the City, when facilities are to be abandoned. The Network shall
remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the
right-of-way as required in conjunction with other right-of-way repair, excavation or construction
unless this requirement is waived by the Director of Public Works.
SECTION 10. POWERS OF CITY
Nothing in this agreement shall be construed to abridge the right or power of the City to make
further regulations relative to the use of the streets, alleys and public property by anyone using
the same for the installation and maintenance of utility systems, including, but not limited to,
fees for use of public property. Any such further regulations shall apply to Network and to this
agreement.
SECTION 11. PLANS AND COORDINATION
Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built"
plans related to its facilities located on public property.
The Network shall keep complete and accurate maps and records of the locations and
operations of its facilities, including buried abandoned facilities, in connection with this
agreement.
SECTION 12. VIOLATIONS OF AGREEMENT
Upon evidence being received by the City that a violation or breach of this agreement is
occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the
Network in the operation of its facilities or the manner of use of public property either is
occurring or has occurred (hereina~er referred to as a "default"), the City shall cause an
investigation to be made. If the City finds that a default exists or has occurred, the City may take
5
appropriate steps to secure compliance with the terms of this agreement or the codes or
ordinances.
The City shall give written notice to the Network of the default, and the Network shall cure such
default within thirty (30) calendar days after receipt of such notice; provided, however, where
any such default cannot reasonably be cured within such thirty (30) day period, and Network
shall proceed promptly to cure the same and prosecute such cure with due diligence, the time
for curing such default shall reasonably be extended for such period of time as may be
necessary to complete such cure.
If the Network fails to cure a default within the time allowed, the City shall have the right to:
i. seek specific performance; or
ii. remedy the default by doing the act itself, or through a contractor, and charge the
costs of such work to the Network; or
iii. seek damages of such default; or
iv. any combination of (i), (ii) and (iii).
SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE
The Network covenants to indemnify, defend and save the City and its officers, agents and
employees, harmless from any and all damages arising directly from the exercise of the rights
granted herein. The Network agrees to require contractors and subcontractors engaged in work
for the Network within the public rights-of-way or public property to maintain insurance coverage
in comprehensive form and in the amounts to be set by the City, to maintain said coverage
during the term or their work and to provide the City with certificates of insurance satisfactory to
City.
SECTION 14. SEVERABILITY
In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof
invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such
invalidity, illegality or change shall be deemed severable and shall in no way affect the
remaining provisions of this agreement or their validity or legality, and this agreement in all other
respects shall continue in full force and effect as if said provision or provisions had not been so
adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon
a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated.
SECTION 15. ASSIGNMENT
Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to
any firm, corporation or individual, without the prior written consent of the other party, except
either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest
and obligations under this agreement, in whole or in part, to any entity controlled by, controlling
or under common control with a party hereto, or any entity into which a party may be merged or
6
consolidated or which purchases all or substantially all of the assets of such party, or any lease,
sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within
Network's telecommunication system to any third party users of such facilities. In the event
Network is controlled by or is under common control or merges with or is consolidated with an
entity other than Network or City, Network agrees to notify City in writing of such changes in
control, merger or consolidation.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY
The City may terminate this Agreement at any time upon thirty (30) days' notice provided to
Network, if the City determines that the property or public right-of-way is needed for a public
purpose and should be cleared of any and all obstructions. When not in conflict with other City
purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the
City will not, by ordinance or otherwise, vacate any street, alley or public property in which the
Network has installed its facilities without reserving such rights as necessary to allow continued
use of such property for the said facilities in accordance with the terms of this agreement,
provided that nothing herein shall limit the City's right to require the Network to relocate its
facilities as provided in Section 8 hereof.
SECTION 17. DELIVERY OF NOTICES
Except as may be expressly provided herein, any notices hereunder shall be in writing and shall
be delivered via certified mail and addressed as follows, unless indicated otherwise in the
future:
If to City: Public Works Director
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, IA 52240
If to Network: Senior OSP Engineer
Digital Teleport Inc.
8112 Maryland Ave.
St. Louis, MO 63105
Provided, however, that in case of emergency, notices may be given verbally to the above-
named persons. In such case, written confirmation should be provided. Nothing contained
herein shall prevent other forms of notice if actually received by addressee. Notice shall be
deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice
is received.
SECTION 18. RECORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at Network
expense.
THIS AGREEMENT is entered into as of the 13th day of ,June ,
2000.
DIGITAL TELEPORT INC. CITY OF IOWA CITY, IOWA
Title: ?ff..~'Lr~=l~.v~"6 Title: Nayof'
Attest: ~~-7~,) Y~, ~~
Approved by: City C1 erk
C~t~A~orn~y,s~ ~~
CITY OF IOWA CITY ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this j..~-~h._ day of ~JAJF--- A.D. 20 <bt2, before me,
~nq/r~_ ~'~,~-4- , a Notary Public in and ~or the State of Iowa, personally
appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation
executing the within and foregoing instrument; that the seal affixed thereto is the seal of said
municipal corporation; that said instrument was signed and sealed on behalf of said corporation
by authority of its City Council; as contained in (Resolution) No. c>o--Z~3 7 passed by the City
Council, on the /,~ .,4_ day of '3'QrdF= ,2000, and that Ernest W.
Lehman and Madan K. Karr acknowledged that the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires: 3--
NETWORK ACKNOWLEDGEMENT
STATE OF-le,W-A- )
) SS:
On this 7~ day of ~ ~ , A.D. 20 . , b fore me, the undersigned, a Nota~
being by me duly ;worn, did say that they are the J~' ~ 2 ~ to me personally
known, who, of said
corporation executing the within and foregoing instrument to which this is attached2 that (no seal has been
procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal
said instrument to be the volunta~ act and de;~of said corporation, by it and by them voluntarily executed.
Andy~gl~tele~d.d~
Prepared by: Andrew P. Matthews, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND DIGITAL TELEPORT
INC, USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF A FIBER OPTIC NETWORK.
SECTION I. DEFIN TIONS
a. ' .... ss, healmlpr;noe~e~els~~ ' ' r shall include its
b. "Public improvements" hall mean any publicly owned im ~ 1 on public property,
including but not limited paving, sidewalks, grass, veg taic trees, street lights, traffic
signals, water mains, sew s, electric transmission lin and equipment related thereto,
cable and telephone lines an quipment related theret .
c. "Public property" shall mean ',ty-owned or con oiled public land and rights-of-way,
easements, bridges, parks, square and commons. '
d. "Network" shall mean Digital Telepo Inc. and ~all include equipment owned, operated,
lines and other overhead cable and lines.
SECTION 2. BASIC GRANT
Network is hereby granted a license to m intain, inspect, protect, repair, replace and
retain a communications system in, und upon, al g and across the public property shown
and identified in Exhibit A hereto, subje to the regul ory powers of the City and subject to the
conditions hereina~er set forth.
SECTION 3. INSTALLATION, REP R, EXTENSION OR XPANSION OF THE NETWORK
Before commencing any extensio or expansion of its syst , or any major repair work or the
installation of any new system in the City, the Network hall file with the Public Works
Department of the City a writte statement verifying the pub 'c property under which or upon
which the Network proposes t extend, expand, install or re ir its system. The Director of
the size and dimensions of all ~cilities, .and the distance above or beneath the surface of the
ground proposed for repair or installation. If the proposed locations of any facilities shall
interfere with the reasonable and proper use, construction, reconstruction and maintenance of
any public improvements or any existing City-owned public utility system component, or other
structure upon or under public property, the Director of Public Works shall, within a reasonable
time after the filing of such plan, map or specifications, note the changes necessary to eliminate
all interference with a public improvement or existing City-owned public utility system facility and
refer the same back to the Network for amendment. Any such review, approval or amendment
shall remain subject to the provisions of Section 8 herein. Such map, plan or specifications,
when properly changed and corrected, shall be filed in the Public Works Department; and after
the approval of same by the Director of Public Works, a permit shall be issued authorizing the
Network to proceed in accordance with the approved maps, plans or specifications. No such
excavation, construction or erection shall be commenced before the issuance of the permit
herein provided for, unless it is an emergency as described in Section 5. All work performed by
Network shall be in accordance with the approved maps, plans or specifications.
SECTION 4. UCTION AND REPAIR OF NETWORK
In the process of Iocati, construction, reconstruction, or repair of any system
component, the obstruction made or placed in publi at any time or for
any purpose by the .hall, to protect the public and the safe and efficient
movement of traffic, be prol ~rricaded to comply, at a minir with requirements set forth
in the Manual on Uniform Traffic Devices. All pavem~ taken up or damaged shall be
properly and speedily replaced ccordance with the regulations, City's Municipal
Design Standards and Standard Specificatior and warranted for a period of five
(5) years. As a condition to the use ublic property, Network shall, at its own expense,
repair or cause repair to any property, p utility system component, public
improvement, or public property dama by su~ location, construction, reconstruction,
replacement or repair work. If the Network or arrange with the City for the proper
repair of any public property after excavatio~ been made, and after thirty days' notice in
writing to do so given to its designated repre.~ then the City may make such repairs at
the expense of the Network.
SECTION 5. EXCAVATIONS
The Network is authorized to make in City streets, avenues, alleys and public
property for purposes of routine repai~ ~lacement, nd maintenance of wires, lines or other
system components associated with ... Network. In aking such excavations, the Network
shall obtain a permit pursuant to ity Ordinances an Regulations, shall not unnecessarily
obstruct the use of streets, aven s, alleys or public pl ces, shall provide the Public Works
Director with twenty-four (24) ho s notice prior to the act I commencement of the work, and
shall comply with all City provi ons, requirements and re lations in performing such work.
i
Network may proceed with t work without first applying for or obtaining the permit, provided,
however, that the Network hall apply for and obtain the permit as soon as possible after
commencing such emerge cy work. Excavations shall not remain open for more than five (5)
working days, without prior City approval.
Failure to Comply; Reme ies. If the Network fails to comply with the provisions of this Section,
or restoration. The Ne~ork shall pay to the Ci~ its costs and charges for such wo~ within si~
(60) days after receipt of the City's billing.
SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION
TO CONFORM WITH PUBLIC IMPROVEMENTS
The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts,
manholes and other appurtenances, and to do, or permit to be done, any underground and
overhead installation or improvement that may be deemed necessary or proper by the City in,
across, along, over or under any public property occupied by the Network, and to change any
curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall
not be liable to the Network any damages arising out of the of such work by
other parties. Nothing in agreement shall be construed to rel other persons or
corporations from liability for dar ~ge to the Network's facilities.
SECTION 7. NETWORK
The requirements of this agreement II apply to all firms or corporations performing
work for the Network under a ~ubcontract, materials arrangement or other
type of work order.
SECTION 8. CONDITIONS OF STREET
The fiber optic cable systems and other com of the facilities erected by the Network
within the City shall conform to established g of streets, alleys and sidewalks, and be so
located as to cause minimum interference public utilities located in or upon public
property, and to cause minimum the rights or reasonable convenience of
property owners who adjoin public
The Network shall conduct its work in as to cause as little interference
as possible with pedestrian and veh traffic, and sh abide by scheduling directions, if any,
given by the Director of Public 3. -
The Network shall, upon reaso~ notice and at its cost and expense, remove, locate
and relocate its facilities in, on, or under public in such manner as the City may at
any time require for the of facilitating the reconstruction, maintenance,
repair or change in grade of public improvement on, in about any such public property,
for the purpose of , g the efficient operation of any such improvement, or for the
purposes of facilitating theNacation and/or redevelopment of public property or public right-of-
, i to be relo~ted, and the costs thereof shall be to the NeMork
and shall be paid as pr~ided in Sealion 5 hereof. Claims for delay of work from contractors
employed by the Ci~ that are a result of NeMork's failure to act within a reasonable time shall
be the responsibili~ of t6e NeMork. In the ~se of Public Works projects, reasonable time shall
be defined as the six we~k period from the date of the public hearing.
The NeMork shall not plE~ its facilities in the public prope~ where the same will interfere with
the normal use or maintenance of any public improvement, including but not limited to streets,
alleys, sidewalks, tra~c ~ntrol devices, sanita~ sewers, storm sewers, storm drains or water
mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5)
foot minimum horizontal clearance from any public utility, including water mains, storm sewers,
sanitary sewers, and storm drains.
Upon request, the Network agrees to assist in' locating underground facilities which are part of
its system. Such assistance will be provided in a timely manner, but not more than forty-eight
(48) hours after the time of request. As a condition of this agreement the Network shall enroll as
a member of the "Iowa One-Call System" and shall respond to all requests and notifications
placed to the toll-free "One-Call" number.
Installation, repair, or replacemer work completed by the Network "'any facilities requiring
excavation of public property or right-of-way shall require to restore and replace
surface vegetation with sod in with City and in accordance with
standard local practices for placing ;od.
SECTION 9. ABANDONED S
The Network shall notify the City, n facilities are be abandoned. The Network shall
remove manholes, handholes, vaults, !rhead faciliti, equipment related hereto from the
right-of-way as required in conjunction other rig repair, excavation or construction
unless this requirement is waived by the ublic Works.
SECTION 10. POWERS OF CITY
Nothing in this agreement shall be ~bridge the right or power of the City to make
further regulations relative to the use of alleys and public property by anyone using
the same for the installation and !tility systems, including, but not limited to,
fees for use of public property. Any ..:¢ch further shall apply to Network and to this
agreement. //
/:'
SECTION 11. PLANS AND COCRDINATION
Upon completion of the work:"the Network shall promptly f ish to the City copies of "as-built"
plans related to its facilities ,16cated on public property~o~pt~~~rt%~,,
agreement. \-.,.
SECTION 12. VIOLATIONS OF AGREEMENT
Upon evidence being received by the City that a violation or breach of this agreement is
occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the
Network in the operation of its facilities or the manner of use of public property either is
occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an
investigation to be made. If the City finds that a default exists or has occurred, the City may take
5
appropriate steps to secure compliance with the terms of this agreement or the codes or
ordinances.
The City shall give written notice to the Network of the default, and the Network shall cure such
shall proceed promptly to cure the same and prosecute such cure wit),i due diligence, the time
for curing such default, shall reasonably be extended for such period of time as may be
necessary to complete sue,,b cure. //
If the Network fails to cure a efault within the time allowed, the C'~ shall have the right to:
/
i. seek specific ; or /
ii. remedy the defa doing the act itself, or ~rough a contractor, and charge the
costs of such work the Network; or
iii. seek damages default; or
iv. any combination of (i), and (iii).
SECTION 13. LIABILITY, INDEM~ INSURANCE
The Network covenants to indemnify, defei and save the City and its officers, agents and
employees, harmless from any and all arising directly from the exercise of the rights
granted herein. The Network agrees to rec and subcontractors engaged in work
for the Network within the public ri public property to maintain insurance coverage
in comprehensive form and in the De set by the City, to maintain said coverage
during the term or their work and to the ity with certificates of insurance satisfactory to
City.
SECTION 14. SEVERABILITY
In the event a court of compete~ jurisdiction djudge any provision or provisions hereof
invalid or illegal, or direct a chanby the Network i any matter or thing herein contained, such
invali.di.ty, illeg.ali. ty or ch.ange511 be dee. med..s verable .and shal! in no way .affect the
\,
SECTION 15. ASSIGNMEN'
Neither party shall assign or ~therwise transfer this agreement or any of its rights and interest to
any firm, corporation or individual, without the prior written consent of the other party, except
either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest
and obligations under this agreement, in whole or in part, to any entity controlled by, controlling
or under common control with a party hereto, or any entity into which a party may be merged or
consolidated or which purchases all or substantially all of the assets of such party, or any lease,
sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within
Network's telecommunication system to any third party users of such facilities. In the event
Network is controlled by or is under common control or merges with or is consolidated with an
entity other than Network or City, Network agrees to notify City in writing of such changes in
control, merger or consolidation.
SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEY
The City may terminate this Agreement at any time upon thirty (30)days' notice provided to
Network, if the City determines tl' at the property or public is needed for a public
purpose and should be cleared of any and all obstructions. When in conflict with other City
purpose, need or use, as long as :be Network exercises the granted to it hereunder, the
City will not, by ordinance or se, vacate any street, alle public property in which the
Network has installed its facilities lout reserving such necessary to allow continued
use of such property for the said ~cilities in accordance the terms of this agreement,
provided that nothing herein shall I) the City's right uire the Network to relocate its
facilities as provided in Section 8
SECTION 17. DELIVERY OF NOTICB
Except as may be expressly provided he~ hereunder shall be in writing and shall
be delivered via certified mail and add follows, unless indicated otherwise in the
future:
If to City: Public
City of
Civic Cer
410 E. St.
Iowa IA
/
If to Network: Se~or OSP
Zlital Teleport
2 Maryland
..'St. Louis, MO
Provided, however, that i~i case of emergency, may be given verbally to the above-
named persons. In suc.~ case, written confirm, be provided. Nothing contained
herein shall prevent other forms of notice if actually ,ceived by addressee. Notice shall be
deemed given on date Of mailing in case of certified ,~r otherwise on the date actual notice
is received.
SECTION 18. RB3ORDATION
This agreement shall be recorded in the Johnson County Recorder's Office, at Network
expense.
THIS AGREEMENT is entered into as of the day of ,
2000.
DIGITAL TELEPORT INC. CITY OF IOWA CITY, IOWA
By: By:
Title: Title:
/'
Approved by:
City Attorney's Office
CITY OF IOWA 'LEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of 20 before me,
,a Notary Public and ~orAt'hD; State of Io'wa, personally
appeared Emest W. Lehman and Ma~ K. Karr, to me nally known, who being by me duly
swom, did say that they are the and Clerk, res of said municipal corporation
executing the within and that the seal thereto is the seal of said
municipal corporation; that said was signed and on behalf of said corporation
by authority of its City Council; contained in (Resolution) No passed by the City
Coundl, on the / day of ,2000, and that Ernest W.
Lehman and Marian K. Karr/acknowledged that the execution said instrument to be the
voluntary act and deed of sai~ corporation, by it and by them executed.
/;
/
/
(,,_, Notary Public in and for the of Iowa
My commission expires:
NETWORK ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On th s day of , A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ' to me personally
and such o~rs ackno~edged the execution of
said ins~ument to be the volunta~ act deed of said c ~oration, by it and by them volun~rily executed.
N blic in and for said Coun~ and State
And~g~tele~d.doc
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Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240; 319-356-5013
RESOLUTION NO. 00-208
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE
FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 2000,
THROUGH JUNE 30, 2001.
WHEREAS, the City of Iowa City, Iowa (hereina~er the City), and the Iowa City Association of
Professional Fire Fighters, IAFF, AFL-CIO, Local #610, (hereinafter the Union), through their
designated bargaining representatives, have negotiated a collective bargaining agreement to be
effective July 1, 2000, through June 30, 2001, a copy of which Agreement is attached to this
resolution and by this reference made a part hereof, and
WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient
municipal operations, thereby providing residents of the community with municipal services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above-referenced Agreement between the City and the Union is hereby approved by
the City.
2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the
Agreement.
Passed and approved this :].3th day of June ,2000.
.
CI'I'~ERK
humanrel\unions\fire~fireres.doc
Resolution No. 00-208
Page 2
It was moved by 0' Do n n e 11 and seconded by P fab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:. ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
CONTRACT BETWEEN
CITY OF IOWA CITY
AND
IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS
IAFF, AFL-CIO, LOCAL #610
JULY 1, 2000
TO
JUNE 30, 2001
TABLE OF CONTENTS
PAGE
Preamble 1
Article II -- Management Rights ......................................................................................................2
Article III -- No Strike - No Lockout .................................................................................................2
Article IV -- Dues Check Off ...........................................................................................................3
Article V - Hours of Work ...............................................................................................................3
Article VI -- Overtime ......................................................................................................................5
Article VII -- Special Leaves ............................................................................................................6
Article VIII - Holidays .....................................................................................................................8
Article IX -- Sick Leave ....................................................................................................................9
Article X -- Vacations ....................................................................................................................11
Article XI -- Union Activities ..........................................................................................................11
Article XII-- Uniforms and Equipment ..........................................................................................12
Article XIII -- Insurance .................................................................................................................13
Article XIV -- Duty Outside the City ...............................................................................................13
Article XV -- Training Programs ....................................................................................................14
Article XVI -- Bulletin Boards .........................................................................................................14
Article XVI I -- Personnel Transactions ..........................................................................................14
Article XVIII -- Discipline ...............................................................................................................14
Article XIX -- Transfer Procedures ...............................................................................................15
Adicle XX -- Supplemental Employment ......................................................................................15
Article XXI -~ Safety ......................................................................................................................15
Article XXII -- Grievance Procedure ............................................................................................16
Article XXIII -- General Conditions ................................................................................................18
Article XXIV -- Waiver ...................................................................................................................19
Article XXV -- Savings Clause ......................................................................................................19
Adicle XXVI -- Duration .................................................................................................................19
Article XXVII -- Wages ..................................................................................................................19
Article XXVIII -- Other Compensation ............................................................................................20
Article XXIX -- Use of Time Off .....................................................................................................21
PREAMBLE
This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and
the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as
the "Union", for the purpose of promoting harmonious and cooperative collective bargaining
between the parties.
The parties agree to the following specific provisions:
humantel/unions/fire/local610agm.doc
ARTICLE I
RECOGNITION
The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F.
AFL/CIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire
Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal,
and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is
based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on
December 16, 1975. This Contract is not intended to bind either party with respect to future unit
determinations or rights of representation of new titles, departmental reorganization or any other
administrative variations of the present department organization.
The City agrees that it will not sponsor or promote, financially or otherwise, any other
group, individual, or labor organization, for the purpose of undermining the Union; nor will it
interfere with, restrain, coerce, or discriminate against any of its employees in connection with
their membership in the Union.
ARTICLE II
MANAGEMENT RIGHTS
Section 1. Except as limited by the express provisions of this Contract, nothing herein
shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the
laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include,
but are not limited to the following:
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety standards, performance and
productivity standards.
c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain
employees within the operation of the City government and to develop and
maintain qualification standards and procedures for employment, promotions, and
transfers.
d. To discipline, suspend or discharge employees for just cause.
e. To maintain the efficiency of the governmental operation and to determine and
maintain the nature, scope and definition of City organization.
f. To relieve employees from duties because of lack of work, lack of adequate public
financing, or for other legitimate reasons.
g. To determine the amounts, methods, and procedures for compensating employees
and the definition of, necessity for, allocation of, and nature of overtime and the
method of compensating overtime.
h. To determine and implement the methods, means, tools, locations, equipment,
and assignment of personnel by which its operations are to be conducted including
but not limited to the right to contract and subcontract work.
i. To take such actions as may be necessary to carry out its mission.
j. To initiate, prepare, certify and administer its budget.
k. To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRIKE-NO LOCKOUT
Section 1. No Strike. No employee covered by this Contract shall engage in any strike at
any City facility or at any location in the City where City services are performed during the life and
duration of this Contract. If any strike shall take place, the Union will immediately notify
employees engaging in such activities to cease and desist. Employees in the bargaining unit,
humanrellunionslfirelloca1610agm, doc 2
while acting in the course of their employment, shall not refuse to cross any picket line established
by any labor organization when called upon to cross such picket line in the line of duty. The City
will make every reasonable effort to assure employee safety in crossing picket lines. Any
employee engaging in any activity in violation of the Article shall be subject to immediate
disciplinary action including discharge by the City.
"Strike" means a public employee's refusal, in concerted action with others, to report to
duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or
in part from the full, faithful, and proper performance of the duties of employment.
Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes
arising out of the terms of this contract.
ARTICLE IV
DUES CHECK OFF
Section 1. The City agrees to deduct Union membership fees and dues once each month
from the pay of those employees who individually authorize in writing that such deductions be
made. The Union will verify the dues structure to the City in a letter signed by the President and
notarized. Authorization for check off must be received by the 15th of the month in order to be
withheld from the first check of the next month.
Section 2. Check off monies will be deducted from the first pay check of each calendar
month and shall be remitted, together with an itemized statement, to the Union Treasurer within
ten (10) days after the deductions have been made.
Section 3. The City will not deduct dues beginning the first of the calendar month after
which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel
or revoke authorization for check off by delivery of written notice to the City. The City will provide
a copy of the notice to the Union. Cancellations received by the 15th of the month will become
effective on the first of the next month.
Section 4. The City will not be liable and will be held blameless for damage arising by
virtue of mistakes in connection with funds collected under the provisions of this Article. The City
will not be responsible for payment of dues, special assessments or any other deduction upon an
individual's default.
ARTICLE V
HOURS OF WORK
Section 1. The normal Work week will average fifty-six (56) hours, consisting of twenty-
four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four
(24) hours on duty, ~venty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96)
hours off duty, but no employee shall be guaranteed any specific number of hours in any one
week.
8worn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour
shifts, except such members as assigned to other special shifts by the Chief. An adjustment in
benefits will be made for employees who are assigned to other than fifty-six (56) hour week.
Section 2. Temporary variations in shift assignment or changes in days on and off may be
made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an
emergency or in the case of inclement weather.
humanrel/unions/fire/Ioca1610agrn.doc 3
Section 3. Tradin.q of Time. The City will permit fire fighters to exchange work shifts within
grade and between captains and lieutenants upon the following procedures:
a. Two employees below the rank of Captain may make a mutual request in writing to
the Captains of the respective shifts 24 hours in advance except in the case of
emergency when shorter periods of notice are required. Captains will forward their
own request directly to the Fire Chief or his/her designee.
b. The Fire Chief or his/her designee will approve or deny the request, but permission
to trade will not be denied without reason.
c. The employee receiving the work shift off in the exchange shall pay back the
employee taking his/her place, as required by the law.
d. The substitution may not impose any additional costs on the Employer. In the
event the employer is required to pay any overtime because of the failure of an
employee to pay another back in timely fashion, this overtime pay shall be
deducted from the pay of the negligent employee.
Section 4. Staffin.q. The Chief has sole discretion to determine the number of people who
take time off in any rank as well as the level of staff for the Fire Department.
Section 5. Pay outside of classification. If an acting temporary appointment out of rank is
made by the Fire Chief for a period of 24 or more consecutive work hours, the employee so
appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step
rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay
adjustments will be retroactive to the original date of assignment.
If an acting temporary appointment to a Battalion Chief's position is made by the Fire Chief
for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be
paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they
shall be paid at a rate of 4% above the Step 1 rate for a Captain.
Overtime during any such acting temporary appointment, when worked in such acting
capacity and when compensated by overtime pay, shall be compensated at one and one-half (1¼)
times the acting hourly rate. However, the Fire Chief may assign an employee who is working on
his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate
to an employee in overtime status.
Such appointments will be made .by the Fire Chief as follows:
a. Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire
Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a
Firefighter on the Lieutenant promotional list will have priority in accepting the assignment.
If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the
affected station will have priority in accepting the assignment except that for such
temporary assignments of 72 consecutive working hours or longer, the Chief may assign
any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the
station do not accept the assignment, the Firefighter moving to the affected station as the
replacement will then be offered the temporary out-of-rank assignment.
b. Lieutenants acting out of rank: In making temporary out-of-rank assignments, the Fire
Chief will share among Lieutenants such assignments with consideration to a Lieutenant's
standing on the Captain promotional list.
humanrellunions~irelloca1610agm. doc 4
The Fire Chief reserves the right to assign temporary out-of-rank assignments if no personnel
voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum
standards for persons given out-of-rank assignments.
Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute
penalty-free tardiness' annually. This provision shall only be applicable in situations involving
unintentional tardiness.
Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to
administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will
continue to accrue all benefits and compensation at their continuous shift rate while on the 40
hour assignment, and will use benefits on a pro-rated basis. The ratio will be 56/40 or 1.4, and will
be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be
reflected on the accrual usage.
Work week: 56 hours/40 hour = 1.4
Annual hours worked: 2912 hours/2080 hours = 1.4
Holiday time: 135 hours/96 hour = 1.4
If an employee terminates while on a 40 hour work week schedule, their benefit payout will
be calculated on a 56 hour benefit schedule, at the 56 hour work week rate.
When employees on administrative duty work beyond eight (8) hours per day, every effort
will be made to adjust the remainder of the work week to limit total work hours to 40 per work
week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with
applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work
schedule, at the pro-rated basis.
ARTICLE VI
OVERTIME
Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and
ending twenty-four (24) hours later.
Section 2. Overtime is work performed by a permanent employee who is required to work
at the end of twenty-four (24) hour shift or who is called back to work for fire department activities.
Prior authorization from the Officer in charge is required before overtime will be credited.
Employees may be periodically required to work overtime but may request not to do so because
of physical inability as determined by the Chief or his/her designee.
Overtime is voluntary where overtime assignments are made over seventy-two (72) hours
in advance; provided, however, {he right to refuse an overtime assignment shall be limited to the
first three (3) employees asked to report to work on a particular work day. Thereafter, overtime
shall be mandatory.
The Fire Chief shall make assignments as soon as he/she knows of the need. There will
be no pyramiding of overtime.
Overtime will be compensated at the rate of one and one-half (1-1/2) times the current
base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-
1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48
hours of compensatory time which may be taken off at times agreed upon by the employee and
the supervisor. The Chief will consider departmental staffing needs, financial considerations, and
employee preferences in determining whether overtime is paid or compensatory time given. In
the event that the Chief shall establish a standing policy that for some period of time all overtime
worked will be compensated exclusively either by pay or by compensatory time off, such policy will
be declared by written notice to the bargaining unit. Upon termination the employee will be paid
for all remaining compensatory time. If an emergency situation occurs, as determined by the
humanrel/unions/firerloca1610agm.doc 5
Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to
year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the
end of the first full pay period of the new fiscal year.
Section 3. Minimum Call-In. An employee who has completed a work day and who is
called in to work in an emergency situation without prior notice will be paid for a minimum of two
and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2-1/2)
hours the employee will be compensated for time spent. Minimum call-in will be paid at the
overtime rate. This section shall not apply to employees who are already at their place of
assignment for the purpose of reporting for regular or other previously assigned duty and who are
utilized to supplement, rather than replace, on-duty personnel.
Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of
six (6) minute segments, and an employee must work an entire segment to be credited with one-
tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive
one (1) hour of overtime for any part of an hour of previously authorized work.
E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until
7:20 A.M., each crew member who has received authorization to answer the call will receive one
(1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20
minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and
the employee would receive 1.3 hours of overtime.
ARTICLE VII
SPECIAL LEAVES
Section 1. On the Job IniurV. In the event of a temporary and disabling injury or disease
of an employee while at work, the City shall provide a leave of absence with pay, provided the
injury or disease is incurred in or aggravated by the actual performance of duty at some time or
place. The City shall bear any and all costs for treatment of such injury or disease.
The City's Medical Advisor shall make the initial judgment on whether time off work is
required by the injury or disease.
The allowance provided by this Section shall be administered consistent with the
provisions of Chapter 411 of the Code of Iowa.
Section 2. Funerals. An employee will be granted up to a maximum of two (2) shifts per
incident as determined by the Chief with no loss of compensation to attend the funeral of his/her
spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister,
brother or grandparent.
An employee will be granted up to one (1) shift per occurrence with no loss of
compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of
his/her mother-in-law, father-in-law, grandparent-in-law, aunt or uncle, brother-in-law, sister-in-law,
or permanent member of the immediate household. In-law relationships referred to herein shall
include such relationships through a domestic partner as recognized by City policy.
If additional time is needed, an employee shall be permitted to use up to one (1) shift of
accumulated sick leave with the approval of the Fire Chief or Battalion Chief.
Section 3. Leave of Absence Without Pay. A leave of absence without pay is a
predetermined amount of time off work, which has been requested by the employee, recommend-
ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed
twelve (12) months. Upon termination of any such leave of absence, the employee shall return to
work in the same range and step as when he/she left and will receive compensation on the same
basis as if he/she had continued to work at his/her regular position without leave, provided that,
during that period, if the nature of operations has changed so that similar work does not exist the
employee may apply for vacancies in related areas or other vacancies at the City for which the
humantel/unions/fire/local610agm.doc 6
employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil
service rank, he/she will be assigned to the first open position which becomes available in his/her
civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence,
or, in the case of a leave of absence necessitated by a medically certified illness or injury to the
employee, within 180 days of the termination of such leave of absence. Once an employee
returns to work in a position as provided herein, that position shall become his/her permanent civil
service rank.
In the event an employee fails to return to work at the end of any such leave or extension
he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last
day of work prior to such leave. During a leave of absence without pay, the employee:
a. cannot pay retirement contributions if the leave exceeds one month in duration;
b. shall not receive any other accruals or job benefits during the period of absence;
c. shall not acquire additional seniority during said leave except in the case of
temporary medical disability or where otherwise specified by this Agreement;
d. shall not earn sick, vacation, or other leave;
e. must use all accumulated vacation to which he/she is entitled prior to the time that
the leave without pay commences;
f. must pay prorated health, dental and life insurance premiums falling due during
any month the employee is not on the payroll, if coverage is desired and is
available subject to insurance carrier approval, as follows:
1. For any calendar month during which the employee is on unpaid leave not
exceeding ten calendar days and insurance coverage is desired, the City
will pay the cost of the insurance premiums for Medical, Dental and Life
insurance.
2. For any calendar month during which the employee is on unpaid leave in
excess of ten calendar days and insurance coverage is desired, the
employee must pay 1/20 of the insurance premium for each calendar day
beyond ten days that the employee is on unpaid leave of absence. The
remainder of the premium will be paid for by the City.
3. The employee may choose which insurance coverages, if any, are to be
retained during the unpaid leave of absence.
4. Payment for insurance coverages desired by the employee may be
deducted from current or future pay due to the employee. Failure to return
from an unpaid leave where insurance coverage was desired will result in
the City billing the individual for costs which would otherwise have been
deducted from the employee's pay.
The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not
exceeding ten (10) calendar days.
Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a
request to the Court in writing may be made to excuse the employee because of the nature of fire
suppression activities. In the event that no such request is made by the City or that the employee
is not excused, the employee shall receive his/her regular compensation from the City for all
humanrel/unions/fire/Ioca1610agrn.doc 7
regular duty time spent in jury service and the City shall receive the pay earned for such jury
service. Compensation for travel expenses may be retained by the employee. An employee shall
report to the assigned work area both before and after time spent on jury duty for regularly
scheduled work days.
Section 5. Witness Fees. An employee shall be granted leave with pay when required to
be absent from work for the purpose of testifying in court in response to legal summons, when
such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and
the City shall receive the witness fees up to the amount of compensation paid to the employee for
days testified.
Section 6. Military Leave. The City will comply with the Code of Iowa on military leave.
Section 7. Votin.q Time. An employee shall be permitted to vote during the work day in
any national, state, or local election if it is not reasonably possible for him/her to vote during off
hours. If available, transportation will be provided within Iowa City.
Section 8. Pre.qnancy Leave. A pregnant employee shall be entitled to a leave of
absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion
of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief pdor to
the anticipated date of birth and should be able to substantiate their condition by a doctor's
statement. Employees may work during pregnancy if health permits.
Those granted leaves under this section shall present a doctor's statement as to
pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or
abortion, the employee shall advise the City of the date by which she will return to work. Unless
the employee returns to work by such date, or any other date by reason of extension granted by
the City, the employee will be considered to have voluntarily resigned or retired.
ARTICLE VIII
HOLIDAYS
Section 1. The following days shall be paid holidays for permanent employees: New
Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's
Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July
4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day
(fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and
one personal leave day.
Section 2. In addition, there shall be granted to permanent employees who do not work a
continuous shift the day before or after Christmas, or the day before or after New Year's Day as
an additional holiday. The City Manager may direct that employees observe a particular day for
this holiday but if the Manager fails to make such designation by December 15 of the calendar
year in question, employees may select a particular day subject to the approval of the supervisor.
If the City Manager does not designate a day employees may choose a day between December
24 and January 2 for this holiday with the supervisor's approval.
Section 3. Permanent employees on a continuous shift shall receive one hundred thirty-
five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII,
Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any
calendar year will receive credit for the remaining holiday dates in the year. If an employee
separates after July 1 of any year, those holidays which have been credited but which have not
yet occurred will be deducted for the purpose of considering separation pay. Requests for use of
holiday time shall be made to the Battalion Chief who shall determine when holiday time may be
taken.
humanrellunionsifirelloca1610agm. doc ~
For the purpose of this Article, a holiday for continuous shift employees begins at 7:00
A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter.
Section 4. In lieu of overtime pay for working on a holiday, a payment of $150 ($15.00 per
holiday) will be made to each permanent full-time continuous shift bargaining unit employee.
Payment will be made on the second payday of the fiscal year. Any continuous shift employee
who begins work after July 1 of any year will receive payment for the remaining holiday dates in
the year. If an employee separates after July 1, those holidays which have been paid but which
have not yet occurred will be deducted for the purpose of considering separation pay.
Section 5. Part-time employees will receive holiday pay on a pro rata basis.
Section 6. Holidays or personal leave days shall not be carried beyond the last day of any
fiscal year as defined in Article XXVII, Section 1 of this agreement.
Section 7. Definitions. "Continuous shift employees" as used in this article includes all
personnel who are working on twenty-four (24) hour shifts.
ARTICLE IX
SICK LEAVE
Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave
credit per month and shall have the right to accumulate unused sick leave up to a maximum of
2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of
absence without pay but any employee granted a City paid leave shall continue to earn sick leave.
Accumulation of sick leave shall commence on the date of first permanent employment.
Additional sick leave will not accrue while an employee is receiving pension compensation on any
basis or on an unpaid leave of absence except a temporary occupational disability. Employees on
temporary occupational disability leave shall continue to accrue sick leave during the first ninety
(90) days of such leave.
Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the
basis of the employee's current hourly base salary, provided that the dollar amount of the payment
may be up to but shall not exceed the amount that an employee would have been due if he/she
had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for
payment under the provisions of this paragraph. An employee must have been employed by the
City for at least one year in order to be eligible for payment of accumulated sick leave upon
termination.
Section 2. Use of Sick Leave.
a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off
work during a work week. A doctor's statement regarding nature of illness and recovery
therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's
appointments or other health maintenance needs.
b. In addition to sickness of an employee, sick leave may be used for:
(1) On-the-job injury;
(2) Serious illness or hospital confinement of a spouse, domestic partner as
recognized by City policy, or child, or critical illness of the employee's mother,
father, mother-in-law, father-in-law, including mother or father of a domestic
partner, brother, sister, or grandparents, as well as any other relatives or members
of the immediate household of the employee up to a maximum of forty-eight (48)
hours per occurrence, provided the employee's presence and efforts are needed.
humanrel/unionsffire/Ioca1610agm,doc 9
Critical illness is defined as a life threatening illness or malady.
Serious illness is one in which the ill person is incapacitated to such a degree that he/she
cannot alone adequately provide for his or her daily living needs.
Section 3. Notifications. An employee shall notify his/her supervisor as soon as
reasonably possible of any sickness or illness which will cause him/her to miss work and, unless
such notification is given prior to the beginning of the work day, the absence will not be charged to
sick leave, but will be charged to other accumulated leave or to leave of absence without pay.
Unusual circumstances will be evaluated and may result in charging the absence to sick leave.
An employee who becomes sick at work will notify his/her supervisor before leaving the area. An
employee who is unable to perform any required duties as a result of illness must leave the work
area and charge the time to sick leave or other accumulated leave, or to leave without pay.
Section 4. In the event an employee is injured or disabled on the job requiring time away
from work, no deductions shall be made from the employee's accumulated sick leave or annual
leave unless such employee requires more than two (2) shifts following the day of the injury in
which to recuperate and return to work.
Section 5. While an employee is receiving sick leave pay from the City, self-employment
for pay or work for another employer for pay is expressly forbidden. A waiver of this provision
shall be given if the employee presents evidence from his/her physician to the satisfaction of the
City that the employee's medical disability would preclude fulfillment of the employee's duties with
the City, but that the nature of the disability would permit work at alternative outside employment.
Section 6. Sick Leave Bank.
a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if
they have exhausted their own sick leave accumulation and are seriously ill. Hours
of sick leave shall be contributed to the bank by bargaining unit members who
have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at
the rate of 5.54 hours per pay period. The City does not formally maintain a bank
balance; however, the City acknowledges that sufficient hours exist in the bank to
cover all requests. Contributing to the Bank does not guarantee an automatic loan
from the Sick Leave Bank.
b. Employees who use Sick Bank days will repay the bank at the regular sick leave
accrual schedule after retuming to work. Employees who do not return to work or
who fail to accumulate a sufficient amount of sick leave will pay back the Bank
from other accrued leave or in cash, except for those cases where the joint City-
Union committee may waive such payback due to the death or permanent disability
of the employee.
c. A joint City-Union committee will administer the use of Sick Bank days by
employees. The committee will be made up of one Union representative, one City
representative and one person chosen by the two representatives. The Bank
Administration Committee will determine when sick leave may be used, application
procedures, the length of time which any employee may borrow, the length of the
waiting period after exhaustion of sick leave before employees may borrow time,
amount of time before which days must be paid back, and other criteria for using
Bank days.
The Committee is charged with maintaining the integrity of the Bank for
serious or catastrophic illness of individuals in the entire unit and will develop
policies to protect against abuse by individuals.
humanrel/unions~irelloca1610agm.doc 10
d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No
individual may use more than six (6) shifts during any fiscal year under the terms of
this Agreement.
ARTICLE X
VACATIONS
Section 1. Accumulation. Vacations shall be earned and accumulated by month
according to the following schedule:
Lenqth of Service Hours Per Month Hours Per Year
0-5 years 12 hours (6 shifts/yr) 144
5 years 1 day-10 years 16 hours (8 shifts/yr) 192
10 years 1 day-15 years 18 hours (9 shifts/yr) 216
15 years 1 day-20 years 20 hours (10 shifts/yr) 240
More than 20 years 22 hours (11 shifts/yr) 264
The maximum number of hours eligible for carry over to a new contract benefit year as
defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time
may be used on an hour-for-hour basis provided reasonable notice is given 'in advance and
subject to the Fire ChieFs approval which shall not be withheld without reason.
Section 2. Use of Vacation. An employee becomes eligible to use vacation time after
he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6)
continuous months. (This may occur prior to the completion of probation.)
Between November 1 and December 31 each battalion will schedule vacations using the
following procedure:
The Chief will indicate the minimum number of persons of each rank who must be
working.
Employees will indicate their first choice in the order of seniority within the department.
When the least senior person has expressed a first choice, the most senior person may
indicate a second choice, with others following in order of their turn.
Unless an employee expresses his/her choice within two shifts, he/she will be considered
to have forfeited a turn..The Battalion Chief and the Union representative will monitor the
procedure for choice of vacations.
Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months
of continuous service, an employee is eligible for payment of not more than two hundred eighty-
eight (288) hours of accumulated vacation leave at the current base rate of pay.
ARTICLE XI
UNION ACTIVITIES
Section 1. Union Meetings. The Union may use the Training Room for union meetings for
three (3) hours not more often than once per month. Employees on duty may attend with the
Battalion Chief's permission and such employees must be available for fire calls. Such meetings
will be held at times when they do not interfere with Fire Department activities. No one on duty in
outlying stations may attend except that if the Union President is assigned to an outlying station,
humanrel/unions/~retloca1610agm.doc 11
he/she may arrange with another bargaining unit member assigned to the central station to
temporarily trade station assignments in order to attend said meeting, subject to approval by the
Battalion Chief on duty.
Section 2. Documents. Documents belonging to the Union may be stored at the Central
station in the same manner in which they are currently stored in file cabinets belonging to the
Union. These may be moved to an outlying station if the Union President is permanently assigned
there. The Union will be responsible for moving the file cabinets.
Section 3. State Convention. Two bargaining unit members from different shifts may
have up to two shifts off duty to attend the annual meeting of the Iowa State Association of
Professional Fire Fighters Convention. The Union will designate in writing who will attend the
convention ten (10) days prior to the date of the convention. All arrangements for taking time off
under this Section will be cleared with the Chief.
Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to
attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The
Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer.
The City shall not be held liable for payment of wages or time off due to the replacement.
Section 5. Ne.qotiations. In the event that the parties to this contract determine that future
negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the
negotiations while on duty without loss of compensation. The member will remain available for
emergency calls during the negotiation period.
ARTICLE XII
UNIFORMS AND EQUIPMENT
Section 1. Uniforms. The City will provide any uniforms and equipment which are
required for employees. The following uniforms will be provided:
Uniform cap (baseball style) Turn out coat
Necktie Firefighting helmet
3 pair shorts SCBA facepiece
3 pair sweatpants Spring/fall jacket
1 winter hat Belt
5 short-sleeve shirts 5 long-sleeve shirts
5 uniform pants 1 pair uniform shoes
(Uniform pants &shirts to be of an 1 uniform sweatshirt (annually)
NFPA approved station ,wear type) Firefighting boots
Winter uniform coat Turn out pants
2 uniform tee shirts (annually) Firefighting hood
Department patches/badges Personal Alert Safety Device
Firefighting gloves
Initial tailoring will be provided. Employees may purchase their own work shirts as long as
shirts meet general specification as to color and style.
Replacement of the above equipment will be by the City upon the Chief's determination of
need.
The City will compensate unit employees for the replacement cost of eye glasses which
are broken or damaged in fire fighting duties including training and inspections. The Chief will
determine the legitimacy of all claims under this section.
The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning
uniforms which require dry cleaning. Such payment shall be made as of December 1 of the
Contract year.
humanrel/unions/fire/Ioca1610agm.doc 12
ARTICLE XIII
INSURANCE
Section 1. Medical Health Insurance. The City will provide the health insurance policy
known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and
eligible dependents. Employees who elect to obtain family coverage will pay twenty dollars
($20.00) per month (pro-rated for part-time employees) toward the cost of such coverage. A pro
rata share of the cost of the premium will be paid for pad-time employees.
A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix
"B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding
specific claims shall be addressed to the insurance company and are not subject to the grievance
procedure of this agreement.
The parties agree to actively pursue incentives and/or alternatives to the existing health
care plan and pledge their mutual cooperation to achieve this end. However, no such programs
will be implemented except upon mutual agreement by the City and the Union.
The City may meet with representatives of the Union for the purpose of negotiating an
alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings
without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to
Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an
alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator
determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan
shall remain in effect.
Section 2. Life Insurance. The City will provide a term life insurance policy for employees
the face value of which is an amount equal to the next even thousand dollars greater than annual
salary.
e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy
is $13,000.
In the policy currently provided coverage does not become effective until ninety (90) days
after employment.
Section 3. Dental Insurance. The City will provide dental insurance for employees.
Family dental insurance will be made available to the employee at the employee's expense. The
City will pay $7.00 per month or full individual premium cost for employees during the term of this
agreement. The City shall not be prejudiced in future collective bargaining by paying full individual
dental insurance premium costs that are in excess of $7.00.
A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix
"B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding
specific claims shall be addressed to the insurance company and not subject to the grievance
procedure of this agreement.
ARTICLE XIV
DUTY OUTSIDE THE CITY
In the event the City directs an employee to perform duties outside the corporate limits of
the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which
he/she would have been entitled had said duties been performed within the corporate limits of
Iowa City.
humanrel/unions/fire/Ioca1610agm.doc 13
ARTICLE XV
TRAINING PROGRAMS
The City and the Union agree that training and development of employees within the
bargaining unit is of primary importance to maintaining high standards of fire protection for the
citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and
attitudes needed to perform the work most effectively to the extent that there is an increase in
efficiency and economy within the Fire Department. A continuous training program will be
maintained based on need as determined by the Chief. Self development will be encouraged
where possible and will include training in management and supervisory skills as well as technical
areas.
When they are required by the City to attend training activities away from the station,
employees will be reimbursed for expenses in keeping with City procedures for reimbursing such
expenses. Compensation for required training will be by prior authorization on the basis of
straight time for actual hours spent in training.
Subject to the discretion of the Fire Chief, the City recognizes the need for training in
particular areas such as EMT and will provide such training when deemed appropriate.
ARTICLE XVI
BULLETIN BOARDS
Section 1. The City shall assign space on bulletin boards for the Union to post notices.
The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards,
blackboards, and other similar surfaces in the Fire Department.
ARTICLE XVII
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a copy of payroll transactions, performance
evaluations, and other documents which will be used for purposes of promotion, evaluation or
discipline within thirty (30) days after documents are placed in their files.
Section 2. Under the supervision of an employee of the Human Relations Office and
during normal business hours, employees shall have access to their personnel files including the
right to copy the contents of the file at their own expense.
Section 3. Upon request, the City shall remove documents relating to minor disciplinary
offenses from the employee's file once per year on or about July 1. Past infractions will only be
removed if an employee goes twelve consecutive months without any disciplinary action
whatsoever noted in his/her record.
Section 4. Upon request, each employee shall receive a copy of his/her job description
upon permanent appointment to the position in question.
ARTICLE XVIII
DISCIPLINE
Section 1. Purpose. All parties of this Contract recognize that a certain amount of
discipline is necessary for efficient operation of the City and the City has rights and responsibilities
under law in providing services in an efficient manner. These certain penalties for infractions are
agreed upon by the parties as a mode of operating and are not intended to limit the management
rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions
humanrel/unions/fire/Ioca1610agm.doc 14
against employees will be taken for just cause. Employees shall elect to pursue appeals of
disciplinary proceedings either through the Civil Service Commission or through the grievance
procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days
from the date it has clear notice of the facts constituting an infraction.
Section 2. The goals of progressive discipline are to correct behavior and produce
efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or
measures shall ordinarily be invoked in the order listed:
1. Oral reprimand or warning (to be accompanied by written notification of same at
the time of such disciplinary action or within one working shift after such action).
2. Wdtten reprimand or warning.
3. Suspension with loss of pay.
4. Discharge.
Section 3. Serious violations may be dealt with by any of the above disciplinary measures
on the first or subsequent offenses.
ARTICLE XIX
TRANSFER PROCEDURES
Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may
make written application to the Fire Chief. The Chief will review the request and will consider the
ability and experience of the member, the nature and type of work to be performed within the
battalion, and the rank and seniority of the members and the need for personnel having certain
qualifications within the battalion. Special consideration by the Chief will be given for emergency
circumstances. Generally, voluntary transfers will take place under one of two conditions:
a. Two (2) employees desire to trade battalions, OR,
b. A vacancy exists on another battalion.
Employees may not make more than one voluntary transfer per year. Nothing in this
Article limits the Chief from making involuntary transfers.
ARTICLE XX
SUPPLEMENTAL EMPLOYMENT
Section 1. Employees ,may have outside employment provided that such employment
does not conflict with the duty hours of the employee or with the satisfactory or impartial
performance of their duties and provided that such employment does not adversely affect the City.
Section 2. The employee agrees to notify the Fire Chief of his/her outside employment.
The employee will notify the Fire Chief when outside employment or employer changes. The Fire
Chief retains the right to disapprove such outside employment under the provisions of Section I of
this Article.
ARTICLE XXI
SAFETY
Section 1. The City and the Union recognize the importance of the personal safety of
individual employees on the job and recognize that fire fighting is a hazardous activity which
subjects an individual to more risks than other employment or activities.
Section 2. Pedodic training in safety matters will be provided to employees who engage in
humantel/unions/fire/local610agm.doc 15
hazardous work. Employees will have access to protective gear as required by law. Employees
will use property and equipment of the City with due care appropriate to the work performed and
equipment used.
Section 3. Employees who operate equipment shall report any defect noticed by him/her
in said equipment to the immediate supervisor as soon as possible.
Section 4. Health and Safety Committee. A health and safety committee composed of
representatives of the City and the Union will act as advisors and make recommendations to the
Fire Chief in the area of health and safety. Their duties shall include but not be limited to:
a. Conducting health and safety lectures as needed.
b. Investigation of accidents and injudes and making recommendations to the Fire
Chief on steps to take to prevent a recurrence.
c. Monitoring of the testing of apparatus and equipment (testing procedures outlined
in applicable NFPA Standards).
d. Conduct safety checks in all stations and forward results to Fire Chief.
e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety
and related topics.
Section 5. Dru.q Testin.q. The City and the Union recognize the rights and responsibilities
of employees established by Iowa Code 730.5 (Drug testing of employees or applicants
regulated).
ARTICLE XXII
GRIEVANCE PROCEDURE
Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean
any dispute between the City and any employee with regard to the meaning, application or
violation of the terms and provisions of this Contract.
Section 2. Representation. An employee will not be required to be represented by a
Union representative, but has the right to be so represented if he/she chooses. In the event that
the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the
approval of the Union and, in the case of an employee grievance, the Union may invoke
arbitration only with approval of the employee grievant.
Section 3. Representatives. The Union will certify to the City the names of three (3)
representatives and three (3) alternate representatives for the purpose of representing fire
department members in the investigation and presentation of grievances. Not more than one
representative will represent a grievant for any one grievance. The representative may use a
reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives
permission for time to be used and provided that the grievance resolution does not interrupt
regular fire department work.
Section 4. An employee shall use this procedure for the resolution and determination of
disputes which arise under the terms of this contract. The Grievant does not lose legal rights by
initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond
Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other
option(s) available to obtain satisfaction and the Grievant is bound by the decision of the
Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the
Civil Service Commission may be prosecuted either through the contractual grievance machinery
or before the Commission. By electing one forum, the aggrieved employee shall be held to have
waived the other forum.
humanrel/unions/fire/Ioca1610agm,doc 16
Section 5. Procedure. A grievance that may arise shall be processed and settled in the
following manner:
Step 1. The grievance shall be presented orally for discussion between the employee
grievant, the representative, if applicable, and the battalion chief within nine (9) calendar
days of the event giving rise to the grievance. The battalion chief will either adjust the
grievance or verbally deliver an answer to the employee grievant or representative within
nine (9) calendar days. In the event that no response is received from the supervisor, the
grievant shall proceed to Step 2.
Step 2. If the grievance is not resolved by Step 1, the grievant or representative may,
within seven (7) calendar days following completion of Step 1, present three (3) written
copies of the grievance signed by the employee grievant. The copies are to be distributed
as follows: One copy to chief negotiator for City (or designated representative), one copy
to Fire Chief (or designated representative), and one copy to the Union. The written
grievance shall contain a statement from the employee of the facts and section of this
Contract grieved and must specify the relief or remedy desired.
The Fire Chief shall investigate and document the grievance and issue a decision in
writing to the grievant and/or representative within ten (10) calendar days. If no response
is received, the grievant shall proceed to Step 3.
Step 3. If the grievance is not resolved at Step 2, the grievant or representative may
submit the grievance to the City Manager or his/her designee within seven (7) calendar
days of the completion of Step 2. The City Manager will investigate and respond to the
grievant within fourteen (14) calendar days following receipt of the grievance at Step 3.
The City Manager will meet with the grievant and his/her representative if such meeting is
requested in writing.
Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure
may be submitted to a third party for arbitration. A request for arbitration must be submitted by
written notice to the City within seven (7) calendar days following receipt of the City Manager's
response at Step 3. Copies of any such request by an employee will be furnished to the City and
to the Union.
The arbitration proceeding shall be conducted by an arbitrator to be selected by the City
and the Union within five (5) days after notice has been given. If the parties fail to select an
arbitrator, a request by either or both parties shall be made to the Federal Mediation and
Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the
Union shall have the right to stdke two names from the panel. A coin toss will determine who
strikes the first name. The process will be repeated and the remaining person shall be the
arbitrator.
The arbitrator shall have the power to interpret, apply, and enforce this written Contract but
shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence
and the nature of the hearing will be conducted in a manner consistent with all state and federal
legislation, applicable rules and regulations.
The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the
hearing and shall be final and binding upon the parties.
The parties of the grievance, their witnesses and representatives shall have the right to be
present at the grievance arbitration in addition to the arbitrator. Other persons may be present at
arbitration hearings as the parties may mutually agree. Either party shall have the right to record
the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the
public and evidence taken shall not be revealed to any third party until such time as the decision
of the arbitrator is made unless parties agree otherwise.
The cost of arbitration and recording the same shall be divided equally between the parties
humanrel/unions/~re/Ioca1610agm,doc 17
to this Contract. The cost of a certified court reporter, if requested by the arbitrator~ shall be
divided equally between the parties. Each party will pay for the cost of its own case preparation
and for expenses of its witnesses.
Section 7. Grievance Committee. The Grievance Committee shall consist of three (3)
persons designated by the Union as representatives and of not more than three (3) City
representatives except by mutual agreement. The names and addresses of the parties selected
shall be certified by the Union to the City. Representatives or agents of the parties may be
present at grievance committee meetings.
The function of the Grievance Committee will be to meet and confer as needed during the
life of the contract for the purpose of discussing problems between the parties arising out of the
administration of this contract.
ARTICLE XXIII
GENERAL CONDITIONS
Section 1. This Contract shall be construed under the laws of Iowa.
Section 2. The City and the Union agree they will not act to discriminate because of race,
creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual
orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise
allowed by law. The parties agree that complaints alleging violation of this section shall not be
subject to the grievance/arbitration provisions of this contract but rather, shall be brought before
the appropriate state or federal forum.
Section 3. Parkin.q. No fewer than ten (10) parking places in the Civic Center lot will be
held in the names of fire bargaining unit members provided that fees are paid according to City
procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the
amount equal to that charged other City employees who park in the Civic Center parking lot. The
City will assume no increase in responsibility in administering use of parking permits as a result of
this Contract and any disputes over use of the ten permits must be handled by the Union
representative. Other fire department members may hold parking permits in accordance with City
procedures.
Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if
available at times and in areas designated by the Fire Chief.
Section 5. Forty-five (45) copies of the new contract will be provided to unit employees as
soon as is practicable. If the Union wants additional copies, the City will provide at cost.
Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section
9) during the course of this agreement and to notify the Association of significant changes in
working conditions as far in advance as is reasonably possible.
Section 7. Employees covered by this agreement shall be allowed to participate in the
Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program
will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal
and State law.
Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity
to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive
program. Such program must be applied on a unit-wide basis and participation will be voluntary.
humanrel/unions/~re/Ioca1610agm.doc 18
ARTICLE XXIV
WAIVER
All negotiations or bargaining with respect to the terms and conditions of this Contract
shall be conducted by authorized representatives of the Union, Local 610, and the City.
Agreements reached as a result of such negotiations shall become effective only when signed by
the authorized representatives of the parties.
The expressed written provisions of this Contract will not be modified except by authorized
representatives of the parties.
The Contract supersedes and cancels all previous agreements between the City and the
Union and constitutes the entire Contract between the parties and concludes collective bargaining
for its duration. All parties to this Contract waive each and every right to negotiate to which they
would otherwise be entitled under the laws of the State of Iowa for the duration except as
amended.
ARTICLE XXV
SAVINGS CLAUSE
Should any Article, Section, or any portion thereof of this Contract be held unlawful and
unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall
apply only to the specific Article, Section or portion thereof declared null and void in the decision
and the remainder of this Contract shall remain in full force and effect. Neither party shall be
required as a result of their Contract with each other to conduct themselves in a manner which
would cause them to neglect their duties under law or to engage in activities in violation of the law.
If replacement provisions are deemed necessary by the Union or the City they shall give
notice to the other party of their intent to reopen applicable portions of the Agreement.
Negotiations will begin within ten (10) days unless extended by mutual written agreement.
ARTICLE XXVI
DURATION
This Contract shall be in effect between July 1, 2000, and June 30, 2001, and shall
continue from year to year thereafter unless written notice to change or modify it is served by
either party prior to August 15 of the year preceding the expiration date of this Contract or any
extension thereof.
ARTICLE XXVII
WAGES
Section 1. The effective date of compensation and benefit adjustments applicable to any
fiscal year will be the first day of the pay period which begins between the dates of June 24 and
July 7, inclusive.
Effective dates over the next four years are as follows:
June 24, 2000 July 6, 2002
July 7, 2001 July 5, 2003
Section 2. The base pay of each step for the Iowa City Fire Department Firefighters,
Lieutenants, and Captains will be increased by three and one quarter percent (3.25%) at the
beginning of Fiscal Year 2001, said adjustment to become effective on the appropriate date as
defined in Section I above. A copy of the pay plan for FY2001 is attached to this agreement as
Exhibit A.
humanrellunionslfirelloca1610agm.doc 19
Bargaining unit members will be eligible for salary adjustments to the next step as follows:
Step 2 - after six (6) months at Step 1.
Step 3 - after six (6) months at Step 2.
Step 4 - after one (1) year at Step 3.
Step 5 - after one (1) year at Step 4.
Step 6 - after one (1) year at Step 5.
Step increases shall be granted only after the employee has achieved a satisfactory rating
as determined in the discretion of the Fire Chief.
Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall,
upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible
to receive a one step increase to Step 2, one year following the promotion.
ARTICLE XXVIII
OTHER COMPENSATION
Section 1. There will be a cost of living allowance if and when and to the extent the cost of
living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two
percent (2%) of an employee's base salary for the quarter in question. The method and basis for
computing the allowance will be as follows:
a. All computations will be based on changes in the revised Consumer Price Index
(CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor,
Urban and Clerical Wage Earners, U.S. cities, 1967=100.
b. The base index month shall be May 2000 for FY01.
c. Cost of living computations will be made quarterly to determine the percent
difference between the CPI-W for the base index month and for August,
November, February, and May of each applicable fiscal year.
d. Quarterly cost of living allowance pay adjustments will be made effective the first
day of the month following the month in which it is determined that the cost of living
has increased in excess of nine percent (9%). However, these quarterly cost of
living payments are limited to a maximum of two percent (2%) of an employee's
base salary for the quarter in question. Furthermore, any payments made under
this Article for the final quarter described in Section (c) shall not be included in the
base salary of any employee but shall be paid on a one-time, non-recurring basis.
Payments made for the remaining three (3) quarters, if any, shall be included in the
employee's base salary.
e. No cost of living adjustment will have the effect of reducing the salary schedules
set forth in Article XXVI II, Compensation of this Agreement.
Section 2. Longevity Pay. A payment will be made to permanent full-time employees as
of December 1 of each fiscal year to reflect years of service with the City according to the
following schedule:
humanrellunionsifirelloca1610agm.doc 20
Len.qth of Service on December 1
5 years 1 day - 10 years $275.00
10 years 1 day - 15 years 450.00
15 years 1 day - 20 years 600.00
20 years 1 day - 25 years 750.00
25 years 1 day + 1,000.00
This payment will be prorated on the basis of monthly segments for members who retire
before December 1 in any fiscal year. Any employee who terminates after December 1 will
reimburse the City on the same proration.
Section 3. A payment of $700 will be made to each permanent full-time bargaining unit
employee as of December 1, 2000 and each December 1 thereafter. In the event that an
employee terminates for any reason after December 1, he/she will reimburse the City from this
payment on a prorated basis (monthly segments). For example, an employee who retires on
January 1, will return one-half of the December 1 payment.
Section 4. Each permanent, full-time bargaining unit employee who is a duly cedified
Emergency Medical Technician-Basic as of the first day of the contract benefit period as defined
in Article XXVII, Section 1 above, shall receive a payment of three hundred and seventy-five
dollars ($375.00) on the second pay day of the fiscal year.
ARTICLE XXIX
USE OF TIME OFF
Current policies governing the use of holiday, compensatory and vacation time will apply
uniformly on a departmental basis.
Once holiday, compensatory and vacation time is approved and scheduled, its use shall
not be denied except:
1. In emergency situations.
2. Where minimum staffing cannot be achieved due to unavailability of replacement
personnel.
Where #2 above applies, it is understood that the employer will place up to four telephone
calls to attempt to secure a replacement for an employee whose scheduled time is subject to
cancellation. If no replacement i.s secured, the scheduled time off is cancelled unless the affected
employee secures a replacement.
Efforts by the employer to contact replacement personnel (other than the number of
telephone call attempts) shall not be grievable under the provisions of this agreement.
The benefits to the bargaining unit of this article were agreed to by the employer in
exchange for the Union's acceptance of a salary and benefit package less than the employer
would have otherwise agreed to.
humanrel/unions/fire/Ioca1610agm,doc 2 1
CiTY Of IOWA CITY, IOWA IOWA CiTY ASSOCIATION OF
PROFESSIONAL FIRE FIGHTERS,
IAFF, AFL-CIO, LOCAL ~-610
-,, -,,_
-
Y"AS:- '' "' By:
A~EST: ~ .
Date: ~//J/~ ~ Date:
Approved b:
humantel/unions/fire/local610agm,doc 22
FIRE PAY PLAN - FY0'I
EFFECTIVEJUNE 26, 2000
1 2 3 4 5 6
6 MO. 12 MO. 24 MO. 36 MO. 48 MO.
35 FIREFIGHTER 11.25 11.72 12.28 12.73 13.33 13.90
1,260.00 1,312.64 1,375.36 1,425.76 1,492.96 1,556.80
32,760.00 34,128.64 35,759.36 37,069.76 38,816.96 40,476.80
36 FIRE LIEUTENANT 14.52 15.22
' 1,626.24 1,704.64
42,282.24 44,320.64
37 FIRE CAPTAIN 15.84 16.56
1,774.08 1,854.72
46,126.08 48,222.72
humanrel\firepypln.doc
APPENDIX 8
/
IOWA 500
IOWA 500 HEALTH CARE COVEPAGE
IOWA 500 coverage cosines basic Blue Cross hospital, Blue Shield
physician and Major Medtcal coverages into a single program using
deductibles and copayments. And after the deductible and copayment
have been satisfied, the dollar coverage and nuff~er of hospital days
are unlimited except for Nervous and Hentel admissions.
In short, the Subscriber shares in the costs of the medically necessary
hospital, medical and surgical services provided. However, the
Subscriber's share never exceeds $500 per contract per year for covered
services, regardless of the number of family meters..
IOWA 500 plan benefits' encourage medical self-maintenance practices
by paying for'g0% of the covered Usual, Customary and Reasonable charges
for:
· * One routine annual physical examination in a
doctor's office or clinic
·Home and office calls needed to diagnose or
treat a medical condition
·Imnunizations required by a Subscriber or any
person in a Subscriber's family
The idea behind IOWA 500 coverage? To encourage continuing medical
self-maintenance and help reduce the length and number of unnecessary
hospital stays· These efforts, of course, can help keep health care
costs--and rates--in line.
THE IOWA 500 Plan Covers These Extensive Services:
HOSPITAL CARE gO/lO PHYSICIAN SERVICES 90/10
Inpatient . Home and office vists
· Semi-private room and board . One routine annual physical
. Necessary services and supplies exam
· Operating rooms, intensive care, . Pre-natal and post-natal care
coronary and burn care units in physician's office
· Delivery room for normal delivery, . IBnunizations
Caesarsan section, miscarriage or . Hospital visits and nursing
admission for false labor facility visits
· Necessary laboratory and x-ray
services
Outpati ent NERVOUS AND HENTAL 90/10
· Surgery Outpatient - 90/10 to $10,000
· Diagnositc x-ray and laboratory Lifetime Haximum.
services
· Accident care SKILLED NURSING FACILITY 90/10
· Unlimited Room and Board
HOHE HEALTH CARE 90/10 . Services and supplies
· Services provided by a
Registered Nurse
· Services prescribed by a physician
THE ZO~LA 500 PLAN COVER$ THESE OTHER SERVZCES:
These"other. servtces are subject tO a $100 contract deductible per calendar year
· Prescriptions Hurstng Servtces
· Anesthetics . Private-duty nursing services
· Blood plasma
· Casts Ambulance
· Crutches . A(r
. Durable medtcal equipment . Ground
· .Other suppl(es vhen ordered
by a physt c~ an
DEDUCTIBLES AND COPAYHENT
· HospJtal - The Subscriber ~s responsible for ~he f~rst t~o days of sere(-
private room and board· ~'::-.,.'::- .--.-.~:._ ~7}j;-~--. ""'-
Per Hospttal Admission.
· Phystdan - The subscriber pays 10~ of the phy~ctan's Usual, Customary
and Reasonable charges including office calls. ZOT4A 500 coverage pays
the remaining
· Other Supplies/Services - The subscriber pays the f~rst $100 per contract
per calendar year for medtcal supplies and services. These may tnclude
prescription drugs, services of a Registered Nurse, ambulance services,
home health care and braces·
1~hen the subscr~ber's expenditures for hospital, physic(an, and/or
other servtces reach $500 per year, ZOk[A 500 pays 1001i of all remaining
charges· Zf the subscriber's' expenditures for hosp(tal, physician,
and/or other serfices do not reach-$500, the subscriber pays 10% of all
rema4n(ng charges up to a total max(mum expenditure of $500· (Outpatient
treatment for nervous and mental conditions ts patd 90/10 co-payment
unttl the $10,000 Ltfet~me Paxtmum ts met. Co-payment for outpatient
Nervous and Hental does not apply to the out-of-pocket maximum.
CARRYOVER OF DEDUCTi:BLE
Expenses for covered services ~ncurred during the months of October, November
and December and whtch are used to sattsfy that year's deductible can be used
toward satisfying the next calendar year's deductible.
I or 2 day 90%r10% $100
$umrnery of Benefits
DELTA DENTAL COVERAGE
Delta Dental Plan of lows coverage not only provides a variety of
benefits but also encourages timely tnd effective dental maintenance.
More than 80% of the dentists in lows participate in the Delta Dental
program, Delta Dental payment is .based on Usual, Customary and
Reasonable allowances, subject to deductible and copayment provi-
sions of the program,
Your Delta Dental program includes a 'medical necessity" provision
which ensures coverage for dental services provided within generally
accepted dental practices,
Like Blue Cross and Blue Shield of Iowa, the Delta Dental Plan
receives claims directly from participating dentists. And we pay them
directly for you, That eliminates claims-handling chores for you end
' your employees -- end saves valuable time and rnonelc
To provide a program to meet your company's needs, Delta Dental
Plan benefits ere available with deductibles, copayments and maxi-
mum payment allowances for covered services,
These benefits are combined to meet your needs:
P,,_v'e,rUve Maintenance benefit includes:
· Routine checkups at six-month intervals including bitewing x-rays at
12-month intervals.
· Teeth cleaning once every six months.
· Topical fluoride applications as prescribed but no more than once
every six months.
· Full-mouth x-rays once in any three-year interval unless special
need is demonstrated.
Routine Restorative benefit provides ongoing care including:
· Regular cavity fillings,
· Oral surgery (including pre- and post-operative care).
· Emergency treatment for relief of pain.
Major Restorative benefit covers:
· High-cost fillingS.
· Cast restorations. '
· Root canal fillings.
· Non-surgical treatment for-gum diseases.
Delta Dental Plan
of Iowa
311
Delta Dental Plan of Iowa -
RATE QUOTATION
PL~ IX
Program Benelm Deductible CoSmyment
SIngle/Family
(Annuel)
~ Preventive Maintenance $ - - %
g Routine Restorative $ 25/75 50 %
g Major Restorative $ " 50 %
E] Dental Prosthetics $ ' %
I'1 Periodontics $ %
I'"l Orthodontics $ . %
D Dependents to age __
12 Full-time students
[] Adults
Program Maximums
Single $ 500 per year
Family $ 500 per member, per year
Lifetime benefit maximum on Orthodontics $
Program Rates*
Single $ per month
Family $_ per month
These rates guaranteed for 12 months beginni;~g on 7-1-85
if purchased by 7-1-85 .
"RaTes quoted here are based upon census information provided and ao:luiring and maintaining
o, .o....
coverage is subject .to the terms and conditions specified in the contract itself
8nd enrollmere regulations in force when the contract becomes effective,
Delta Dental Pin
2
A Lieutenant with this assignment would be placed at the same step he/she held in grade 36.
He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2.
When time is worked beyond 8 hours per day every effort will be made to adjust the remainder
of the work week to limit total work hours to 40 per work week. If this is not possible, comp
time will be accrued or overtime will be paid in accordance with applicable laws.
The parties agree that this side letter take effect from July 1, 1997 to June 30, 2000.
CITY OF IOWA CITY IOWA CITY ASSOCIATION OF
PROFESSIONAL FIREFIGHTERS
· Assistan~eJ'f:~ IAFF, AFL-CIO, LOCAL #610
By Assistant Ci M By: President '~
fireside. Itr
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF IOWA CITY
AND
IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS
IAFF, AFL~CIO, LOCAL 610
For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment
will be defined as Lieutenant under Article I of the Collective Bargaining Agreement.
A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with
a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at
the higher shift rate while on the 40 hour assignment, and will use benefits on a pro-rated
basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will
be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be
reflected on the accrual usage.
Work Week: 56 hours/40 hours = 1.4
Annual Hours Worked: 2912 hours/2080 hours = 1.4
Holiday Time: 123 hours/88 hours = 1.4
If an employee assigned to a 40 hour schedule terminates employment while on this schedule,
his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work
week rate.
The annual salary for a Lieutenant in the Training/Public Education assignment will be the
equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week.
Pay Plan Step 1 Step 2
FY98 20.03 20.94
1,602.40 1,675.20
41,662.40 43,555.20
FY99 20.44 21.36
(June 27, 1998) 1,635.20 1,708.80
42,515.20 44,428.80
(December 26, 1998) 20.85 21.80
1,668.00 1,744.00
43,368.00 45,344.00
FY2000 21.48 22.46
1,718.40 1,796.80
44,678.40 46,716.80
Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 00-209
RESOLUTION APPROVING CABLEVISION VII, INC.'S REQUESTED
RATE INCREASE AND ESTABLISHING
MAXIMUM PERMITTED RATES FOR BASIC CABLE SERVICE
WHEREAS, pursuant to the public law and the regulations of the Federal Communications
Commission (FCC), the City of Iowa City, Iowa (City), retains regulatory authority over basic
cable television services provided by Cablevision VII, Inc. ("Cablevision") in the authorized
franchise area encompassing the City; and
WHEREAS, Cablevision filed FCC Form 1240 dated March 1, 2000 and FCC Form 1235 dated
January 31, 2000, for the purpose of requesting and justifying an adjustment to its rates for
basic cable services to a level of $13.06 per subscriber per month to be effective on June 1,
2000; and,
WHEREAS, Cablevision filed FCC Form 1205 dated March 1, 2000, for the purpose of
requesting and justifying adjustment to 'rates charged for cable service equipment installation
and rental to be effective on June 1, 2000; and,
WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings,
attachments; responses to requests for information, and other materials and has determined
that Cablevision's requested rate is reasonable, that the FCC Form 1240 calculated Maximum
Permitted Rate and the FCC Form 1235 determined upgrade add-on rate were not established
within FCC rules, and that the FCC 1205 determined rates for equipment installation and rental
are reasonable; and,
WHEREAS, the findings from the City's review of these filings are presented in a report
attached to this Resolution;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
(1) Cablevision's requested rate of $13.06 per subscriber per month to be effective on June
1, 2000, is reasonable and is approved.
(2) Cablevision's system network upgrade add-on rate increase of $1.5005 is unreasonable
and is denied. Cablevision may reapply for the requested add-on rate increase in a new
filing that fully addresses the deficiencies, omissions, errors and concerns discussed in
the City's review. Otherwise, based upon the City's review, Cablevision's approved
system network upgrade add-on increase to the basic service cable tier shall be
established at the level of $0.72 per subscriber per month, and may be applied to
subscriber's bills only during the expected life of the upgraded facilities, established
hereby as 15 years from the date of completion of the rebuilt system.
Resolution No. 00-209
Page 2
(3) The Maximum Permitted Rate for basic cable service shall be established as $13.7753
per subscriber per month effective June 1, 2000.
(4) Cablevision shall certify to the City within 30 days, and include appropriate supporting
documentation, that subscribers not receiving basic cable programming services from
upgraded and/or rebuilt facilities are not being charged for any costs related to the
system network upgrade.
(5) Cablevision shall determine and report to the City in 30 days if there are subscribers not
taking service from the upgraded system that have been overcharged. Any such
overcharges shall be refunded to that class of subscribers, including franchise fees and
interest determined pursuant to Section 76,961 of the FCC rules.
(6) Cablevision shall take into account the City's FCC Form 1240 adjustments and utilize
the City's Maximum Permitted Rate of $13.7753 per subscriber per month when
calculating its Maximum Permitted Rate and performing the true-up calculation on its
next FCC Form 1240.
(7) Cablevision's proposed rates for equipment installation and rental as determined by the
FCC Form 1205 filing are approved to become effective on June 1, 2000.
Passed and approved this 13th day of June ,20 00
~wA~'C~R '" '
Approved by
ATTEST:Ci~LERK z.~ ~--
City Attorney's Office
It was moved by Vandef'hoef and seconded by Champi on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
mgr%asst~res\cable.doc
RICE, WILLIAMS ASSOCIATES
REPORT ON
REVIEW & ANALYSIS OF FCC FORM 1240, 1235 & 1205 [2000]
FILED BY
CABLEVISION VII, INC.
FOR
IOWA CITY, IOWA
May 10, 2000
SUMMARY
This is a review of Federal Communications Commission ["FCC' '] Form 1240 & 1205, dated
March 1,2000, and FCC Form 1235 dated January 31, 2000, filed by Cablevision VII, Inc. [aJk/a
AT&T Broadband and referred to herein as "Cablevision"] relating to the updating of permitted rates
for basic tier cable programming service ["BST"] and equipment installation and rental services
which are regulated by the City of Iowa City, Iowa ["City"]. The conclusion of this review is that
Cablevision's determinations of its Maximum Permitted Rate ["MPR"] for the BST and the BST
system upgrade rate add-on are in error. In addition, Cablevision has not filed to justify rates for
subscribers that do not receive their BST services from the rebuilt system. Nonetheless, the BST rate
that Cablevision proposes to put into effect on June 1, 2000, is reasonable with respect to subscribers
taking service from the rebuilt system because it does not exceed the adjusted MPR as determined
by this review and analysis. The rates for equipment installations and rental [from FCC Form 1205]
were found to be reasonable.
Cablevision's calculations determine a Maximum Permitted Rate of$13.8480 per subscriber
per month for basic cable services. In addition, Cablevision has determined that it is entitled to an
incremental rate increase of $1.5005 per subscriber per month associated with a system rebuild and
upgrade. This is a total of $15.3485 per subscriber per month. Rice WiIliams has determined that
the FCC Form 1240 MPR should be slightly lower at $13.7753 per subscriber per month, and finds
that the system network upgrade increase has not been justified by the FCC Form 1235 filing.
However, Cablevision actually has selected a lower rate of $13.06 per subscriber per month for
implementation on June 1, 2000, so it apparently is not proposing to include any FCC Form 1235
based rate component in the BST rate at this time. FCC rules track and adjust rates based on the
MPR which is carried forward to future rate adjustment filings. This carryforward means that any
currently under billed amounts still may be collected in future rates, and so it is important to insure
that the MPR has been correctly determined. Since a properly determined FCC Form 1235 rate
adjustment may be included in the BST at any time over the life of the new facilities, it also is
important to insure that any such rate adjustment has been correctly determined as well.
2121 K Street, NW 209 Elden Street
Suite 800 Suite 200
Washington, DC 20037 Herndon, VA 20170
Phone: (202) 737-2400 Phone: (703) 467-9833
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 2 of 11
This review and analysis addresses the following issues about the materials filed by
Cablevision:
· The year 2000 FCC Form 1240 does not begin with the correct MPR
and rate components. It appears that Cablevision may have relied
upon an amended year 1999 FCC Form 1240 that never was formally
filed with the City.
· Cablevision has acknowledged implicitly the denial of its appeals to
the FCC of prior City rate orders, but has not officially filed revised
rate justifications for non-rebuild subscribers.
· Cablevision has not demonstrated that its system network upgrade
meets the Minimum Technical Specifications that are necessary to
permit use the FCC Form 1235 abbreviated cost of service filing
methodology.
· The distribution facility upgrade costs presented in the FCC Form
1235 filing are 44% higher than prior estimates and there was no
explanation showing that this cost overrun occurred through no fault
of Cablevision and/or that the total costs are consistent with industry
norms.
· The increase in property taxes included in FCC Form 1235 costs may
not be due simply to the system network upgrade.
· Cablevision has used estimated costs in its FCC Form 1235 filing that
was submitted for the purposes of "final approval."
· Cablevision has not demonstrated that costs incurred in 1996 and
1997 and included in the FCC Form 1235 qualify for recovery
through the FCC Form 1235 abbreviated cost of service methodology.
· The method used in the FCC Form 1235 for the allocation of costs to
the BST does not properly consider the total charmel lineup which
apparently has resulted from the upgrade.
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 3 of 11
ANALYSES
The following analyses of Cablevision 's filings assume the accuracy of the information
supplied by Cablevision in its filings with respect to Cablevision's particular costs of providing
cable services. No audit of Cablevision 's books and records has been done and none of its system
cost assumptions has been checked against any independent sources. In order to clariJS/ some of the
costs and calculations made by Cablevision, a request for additional information was prepared and
submitted Accordingly, the following analyses also are based upon, and rely upon, the accuracy
of the Cablevision responses.
FCC Form 1240
Pursuant to FCC regulations, cable system operators are permitted to adjust their rates
periodically for increases and decreases in costs relating to retransmission consent fees, copyright
fees, programming costs, certain cable specific taxes, franchise-related costs, and FCC regulatory
fees. On September 15, 1995, the FCC adopted new rules giving regulated cable operators the
option of filing for rate adjustments on an annual basis instead of the existing quarterly system
embodied in the FCC Form 1210. Subsequently, the FCC issued its instructions and analytical
model for the FCC Form 1240 which implements the latest filing rules. Cablevision elected this
option in 1996, and so this is the fifth filing pursuant to this FCC rate adjustment methodology.
The FCC Form 1240 annual filing system examines a stream of historical costs that have
occurred over a period of time, relates this to the revenues actually collected during the same period
and computes a monthly adjustment to apply to a future rate. The rate to be charged in a future
period is developed based on a projected 12 months of costs and the unit rate adjustment, or "true-
up," from the historical period is added to this projected period maximum permitted rate to
determine the total maximum permitted rate to be charged for the future 12 months period.
Each subsequent annual FCC Form 1240 filing will evaluate a historical, or "True-Up
Period," and a future, or "Projected Period," as part of the process of establishing a new maximum
permitted rate for a future 12 months period.
For its year 2000 FCC Form 1240 filing, Cablevision has chosen to establish rates for the
"Projected Period" of June, 2000, through May, 2001. The "True-Up Period" chosen by Cablevision
was from December 1, 1998, through November 30, 1999. A Maximum Permitted Rate was
determined by separate calculations for both of these periods. Under the FCC Form 1240, the True-
Up Period Maximum Permitted Rate is the sum of (1) the prior rate net of prior external costs; (2)
an inflation segment; and, (3) the "actual" external costs experienced in the True-Up Period. This
rate is utilized to determine the level of revenue that the cable system was entitled to collect in the
True-Up Period, and this amount is compared to the "actual" amounts collected which are
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 4 of 11
determined by multiplying the average rate charged by the average number of subscribers and by the
months in the True-Up Period. The difference is an amount that the cable system is permitted to
collect [or refund], with interest, uniformly over the Projected Period.
As the first step in the review and analysis of Cablevision's filing, the information provided
by Cablevision was incorporated in to a specially prepared analytical model which replicates the
results presented in Cablevision's year 2000 FCC Form 1240 filing. In addition, a special FCC Form
1240 format was designed to accommodate a redetermination of the Cablevision's prior FCC Form
1240 filings which was necessary to implement the changes in franchise costs and inflation rates as
hereafter described. This presentation was then adjusted to reflect changes for the franchise cost
component and the inflation factors. These changes were determined after a review of the
information supplied by Cablevision in the original filing and prior filings, and in the responses to
data requests for both this year and prior years.
The first change relates to costs included in the current and prior filings which, according to
Cablevision, were associated with a "forced-relocation"cost of cable facilities due to municipal
construction activities in public rights-of-way in the areas of Linder Road and Rohret Road in 1995.
City Staff believed that neither of these charges should be included in the cable rates because there
is no provision in the Franchise Agreement nor in the City's ordinances which would authorize the
inclusion of such costs. In addition, the subject Linder Road area is not within the City limits. The
amount in question was $8,000 which Cablevision has collected, with interest, through monthly
basic service cable rates since the 1996 rate filing. In the first filing, and in each rate filing since,
the City has objected to the inclusion of these costs and denied their recovery. However, Cablevision
has appealed each decision to the FCC and has continued to include these costs in its MPR
determination. The FCC has denied Cablevision's appeals and the related requests for re-hearings
on several occasions.
In a response to a data request last year, Cablevision submitted what it called a "working
copy" of the FCC Form 1240 filings for each of the rate years 1996-1999 that excluded this contested
amount. These filings were not signed and certified and therefore were not "formally" filed with the
City. Nonetheless, these amended filings were reviewed last year by Rice Williams and, after a
correction to an inflation adjustment factor in the rate year 1997 filing, the year 1998 filing
developed thereby became the basis for the adjusted year 1999 FCC Form 1240 that established the
1999 MPR of $12.3666 which was approved by the City. In this latest FCC Form 1240 filing the
contested amounts have been excluded and it appears that Cablevision used as its starting point the
ending points of the year 1999 FCC Form 1240 that was informally supplied last year. That filing
was incorrect because of the use of an incorrect inflation adjustment factor in the year 1997 filing.
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 5 of 11
Now that Cablevision apparently has accepted the final order of the FCC, it must formally
amend the FCC Form 1240's for those years affected by the exclusion of this franchise cost
component so that the correct starting point for the year 2000 FCC Form 1240 can be evaluated.
When preparing the amended FCC Form 1240's, Cablevision should use I. 83% instead of 2.21% for
the October and November, 1996, true-up period inflation adjustment factors.
For the purposes of this review, last year's approved MPR and its components were
incorporated into the customized version of the FCC model which is included herewith as part of
this Report. The result of using Rice Williams prior year's approved MPR and its components is a
reduction in the Maximum Permitted Rate from $13.8480 per subscriber per month to $13.7753.
As noted before, Cablevision has elected to charge the amount of $13.06 per month per basic
subscriber. Since this rate is less than the MPR of $13.7753, it is reasonable and may be allowed
to go into effect on June 1, 2000.
One important matter is not addressed by the Cablevision year 2000 FCC Form 1240 filing.
This filing for rate year 2000-2001 is appropriate for setting rates for subscribers using the rebuilt
system, but not all subscribers began receiving service from the rebuilt system at the same time and
the rebuilt system will not serve all customers when finished. Cablevision reported in its response
to an informational request last year that 143.52 miles of a total of 185.32 miles of aerial cable will
be upgraded, and that of the 18,863 homes passed by the total aerial system, only some 14,679 will
be upgraded.
The "working copy" of prior FCC Form 1240 filings that excluded the contested franchise
costs showed that the effective rates for non-rebuild subscribers were lower than rates for subscribers
on the upgraded system and, indeed, the non-rebuild subscriber rates exceeded the redetermined
MPR in years 1997 and 1998. Given its implicit acceptance of the FCC's denial of its appeals,
Cablevision must now also justify rates for the non-rebuild subscribers for rate years 1999 [not
previously submitted] and 2000. It is expected that the MPR's for year 1999 and also possibly for
year 2000 for the non-rebuild subscribers will be lower than rates that may currently be in effect for
this group of subscribers. Since Cablevision chose to implement rates in excess of those ordered by
the City, and those rates now appear to have exceeded the maximum permitted rates for those time
periods, Cablevision also must determine the level of refunds required for the overcharged
subscribers.
FCC Form 1235
For equitable reasons and in order to encourage cable system operators to continue to
improve services to regulated cable subscribers, the FCC also permits rate adjustments based on a
cost of service showing, which, when fully developed, typically is a substantial and time-consuming
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 6 of 11
undertaking for both the operator and the regulatory authority. In the case of incremental, but
substantial capital expenditures resulting from improvements such as band width capacity increases,
conversion to fiber optics and system rebuilds which could not otherwise be recovered under the
benchmark and price cap approaches of the FCC Form 1240 rate adjustment mechanism, the FCC
has permitted the use of an abbreviated cost of service presentation to justify charging additional
rates. The FCC Form 1235 filing is designed to determine a step increase in rates associated with
such system upgrades that meet certain criteria and typically is developed after the upgrade is
completed and based on actual costs. While normal improvements and expansions of service are to
remain subject to the usual rate review processes [FCC Form 1240], those upgrades that meet the
requirements can be accounted for by using the FCC Form 1235 which will determine an incremental
add-on rate that is designed to recover the operator's incremental capital and operating costs and
provide a reasonable return on the invested capital.
The particular nature of this type of a filing normally requires a more in-depth analysis of the
underlying cost components than would be necessary for a Form 1240 or Form 1205 filing, and a
number of concerns arose as a result of the review of this filing just based upon the cost estimates
and other information submitted by Cablevision. Accordingly, additional information was requested
in order to achieve a reasonable confidence level with respect to the provisional requested step rate
increase. [It should be noted that Cablevision twice previously has filed the FCC Form 1235 on a
"pre-approval" basis to justify a step increase in rates to accommodate a system upgrading program.]
In this case, Cablevision has provided the various costs of a recently completed system
upgrade and rebuild in the subject FCC Form 1235 which is presented for "final approval" by the
City. Cablevision is requesting a step increase in the BST rate of $1.50 per subscriber per month.
As with the FCC Form 1240, the first step in the review and analysis of Cablevision's FCC Form
1235 is to incorporate the information provided by Cablevision into a specially prepared analytical
model which replicates the results presented in Cablevision's. While Cablevision's FCC Form 1235
filing, as submitted, appears to be mathematically correct, other aspects of the filing render
questionable the appropriateness of using the FCC Form 1235 rate upgrade methodology and,
otherwise, the level of costs included and the upgrade rate that results therefrom. These issues and
questions are herewith addressed and consider presentations of the several FCC Form 1235 filings
that have been made and Cablevision's responses to informational requests.
The prior FCC Form 1235's have been submitted for pre-approval purposes because the
system network upgrade was on-going. Cablevision now asserts that the rebuild effort is complete
and that the new system meets the minimum technical standards required for use of the FCC Form
1235 methodology to increase rates for cable service. When asked to state the basis for this
assertion, Cablevision responded that:
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 7 of 11
"The upgrade meets the Minimum Technical Specifications of a
bandwidth of at least 550 MHz and no more than 1,500 homes per
node."
However, the FCC Form 1235 instructions require a more stringent test for qualification; the upgrade
also must have "upgrade capability to 750 MHz." Cablevision also has reported that:
"The full technical capacity of the system will be fully activated at
550 MHz. The Iowa City system is operated at 550 MHz, which is
the highest bandwidth capacity."
In the absence of any statement to suggest that the system has the capability to be upgraded to 750
MHz at relatively nominal cost, the upgrade fails to meet the first test for the "Minimum Technical
Specifications" described in the FCC Form 1235 instructions. As a result, the instructions require
Cablevision to do the following:
". ..... attach a brief description of the upgrade and how the upgrade
will benefit subscribers to BST and CPSTs. For instance, such a
description should include, if applicable, the number and percentage
of channels that will be added to the various service tiers, the level of
improvement in picture quality and/or reliability, or new regulated
services that will be available to subscribers as a result of the
upgrade."
In addition, or altematively, Cablevision could indicate the method and cost by which the system
could be upgraded to 750 Mhz capacity so that an evaluation could be made to determine that the
"significance" of the upgrade warrants treatment by use of the FCC Form 1235 methodology. At
this point, the evidence provided by Cablevision lacks sufficiency for making such a determination.
It was noted in the review that the construction costs shown for 1999 increased from
$1,228,791 to $1,767,900 as between the last FCC Form 1235 filing and this latest filing. This is
an increase of some 40% within one year. When questioned about this, Cablevision responded that:
"In the estimated Form 1235 filed on March 1, 1999, the distribution
facility costs for 1999 were under estimated."
The rules governing what may be included as "plant in service" in cost of service studies require that
the plant must be used and useful in the provision of regulated cable service and must be the result
of prudent investment. Under these standards, the plant must directly benefit the subscriber and may
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 8 of 11
not include imprudent, fraudulent or extravagant outlays. FCC rules also indicate that "cost overruns
are presumptively disallowed, but operators may overcome this presumption by showing that the
costs were prudently incurred."
Cablevision has not provided evidence that the original estimates for this component of plant
were not reasonable and/or that the costs of the completed plant are reasonable, for instance, within
industry norms, and were otherwise prudently incurred. In the absence of additional information
addressing this matter, it might be appropriate to deny inclusion of the $539,000 of increased costs.
Cablevision also has included as a cost component of the upgrade an estimated amount of
about $99,000 for increased property taxes. Cablevision has stated that "This increase is attributable
to an increase in both the cities' and counties' assessed valuation of the properties..." Increases in
property taxes typically occur annually and may not necessarily be associated with the system
upgrade activities. In such case, this would be a routine expense that would not be included in a
FCC Form 1235 incremental cost of service justification. Cablevision must demonstrate that the
increase, or a portion of it, resulted directly from increased valuation due to the system upgrade and
rebuild. Otherwise, this amount must be excluded from the FCC Form 1235 costs analysis.
Cablevision's development of the costs associated with its system upgrade that has been on-
going in 1998 and 1999 also includes costs associated with system improvements incurred in 1996
and 1997 in the amount of $258,212. After review of the responses to the informational requests,
it was determined that these costs appear to be disassociated with the 1998-1999 rebuild program
and fall in the category of "normal improvements and expansions of service" which are to remain
the subject of the "usual rate review process." Accordingly, these costs and related components
should be excluded from consideration in the FCC Form 1235 analyses.
Pursuant to the FCC regulations, the FCC Form 1235 must be updated with actual costs and
resubmitted in the month following the completion of the system upgrade activity. While
Cablevision asserts that the system upgrade activities are complete and has proposed this latest FCC
Form 1235 filing for "final approval," the responses to the informational requests indicate that this
filing continues to contain estimated information. In particular, Cablevision states:
"The costs included in the January 28, 2000 Form 1235 filing are
estimates from the engineering department. - To date, final costs
have not been determined and capitalized."
Apparently, various information has yet to be collected and developed for the final FCC Form 1235
presentation. The City should require Cablevision to resubmit this filing at such time as when all
actual information can be used.
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 9 of 11
Cablevision has represented that at that the time of its completion, the full technical capacity
of the new 550 MHz system will be fully activated, and has represented the total number of channels
of the new system to be 82, apparently reflecting only approximately the theoretical analog channel
capability. In contrast to Cablevision's representation in the FCC Form 1235 filing, the City advises
Rice Williams that the current channel line up comprises some 136 channels when the digital
services made possible by the upgrade are considered along with the traditional analog channel
categories. Based upon FCC rules and case precedent, it is generally held that costs identified at or
allocated to the franchise level must be allocated among the BST and each CPST using the ratio of
channels on each tier to the total number of channels offered in the franchise area. Thus it is this
figure of 136 channels that should be used as the basis for allocation of system network upgrade
costs as between the BST, CPST and other tiers of cable service.
Adjusting the cost figures provided by Cablevision's FCC Form 1235 filing to remove the
amounts identified above, and making adjustment to accommodate the revised allocation basis of
24 BST channels to 136 total channels, an adjusted system network upgrade rate increase of $0.72
per BST subscriber per month is determined and this contrasts to Cablevision's calculation of $1.50.
In the absence of the basic issues of the appropriateness of using the FCC Form 1235 rate adjustment
methodology, Cablevision would be permitted to collect this rate surcharge over the expected life
of the facilities, approximately 15 years.
Attachment 2A in Cablevision's FCC Form 1240 filing attempts to demonstrate the
component of the current BST rate of $12.44 per subscriber per month that is attributable to recovery
of the network system upgrade cost that Cablevision first added onto the BST rate last year. This
rate was selected last year for collection during the 1999-2000 projected period and is a rate that was
higher than the FCC Form 1240 allowable MPR, but lower than the combination of that rate and the
estimated system network upgrade of $1.08 that had been developed in last year's FCC Form 1235
filing that was submitted for preliminary approval. Accordingly, Cablevision's rate last year included
some component for the system network upgrade rate increase. Cablevision concludes that only
$0.04 per month per subscriber currently is being collected, far less than the $1.50 that is developed
by Cablevision's current FCC Form 1235.
Since Cablevision is proposing to begin charging on June 1,2000, a BST rate [$13.06] which
is less than the FCC Form 1240 determined MPR [$13.85], it is not requesting approval for any
component in this rate that would be applicable to the system network upgrade increase.
Nonetheless, since the application of the system network upgrade rate adjustment to the BST rates
remains at the option of Cablevision over the life of the rebuilt facilities, it is necessary to insure that
the final rate, if any, approved for the system network upgrade is the correct rate. Accordingly, the
City should require Cablevision to respond to the concerns and proposed adjustments contained
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 10 of 11
herein so that a final decision can be made with respect to the FCC Form 1235 based rate adjustment
request.
FCC Form 1205
The FCC Form 1205 is used to update charges for renting regulated equipment [e.g., remotes
and converters], equipment installations [e.g., house wiring, service drops, extra outlets, service tier
changes] and the Hourly Service Charge ["HSC"] for service calls. Charges established pursuant
to this form are based strictly upon the actual cost of regulated equipment and installations plus a
reasonable profit. The financial information utilized in this form is to be derived directly from the
operator's general ledger and subsidiary records that are to be maintained in accordance with
generally accepted accounting principles. This form is required to be prepared and submitted on an
annual basis.
As with the Cablevision's FCC Form 1240 and 1235, this review ofCablevision's FCC Form
1205 filing assumes the accuracy of the information supplied by Cablevision from its financial books
and records and related sources. No audit of Cablevision's books and records has been done and
none of its system cost assumptions has been checked against any independent sources. The
information supplied by Cablevision has been incorporated into an official FCC analytical model
which provides the formulas and format for all the calculations required for preparation and
completion of the FCC Form 1205. It appears that Cablevision has followed the FCC's analytical
format and the results shown on the FCC Form 1205 filing made by Cablevision match the results
obtained from the official FCC analytical model reconstructed with Cablevision supplied cost data
for the purpose of this review. This analysis is included herewith as part of this Report.
Accordingly, Cablevision's determination of the maximum permitted charges for equipment
rentals and installations appear to be correct. Since the rates proposed to be charged have not been
set above these levels, Cablevision has demonstrated pursuant to FCC rules and regulations that
these rates are reasonable. Thus, these rates may be approved and allowed to go into effect on June
1, 2000.
CONCLUSION
Cablevision should be ordered to amend and formally re-file, for approval by the City, its
FCC Form 1240 filings for the rate year of June through May in each of years 1996 - 2000 adjusted
to show the removal of the contested franchise costs and other corrections discussed in this review.
Cablevision should be ordered to amend and file FCC Form 1240's for rate years 1998 - 2000 to
show the proper level of BST rates for subscribers not receiving cable services from the upgraded
City of Iowa City, Iowa
Cablevision IV Inc.
Review of FCC Form 1240, 1235 & 1205
May 10, 2000
Page 11 of 11
system, and to determine the level of any refunds required for the periods where the actual rate
charged exceed the redetermined maximum permitted rate.
Cablevision should be ordered to respond to the concems and deficiencies identified in this
review concerning the FCC Form 1235 submitted on January 28, 2000.
The City should order that the rates and charges shown in Cablevision's FCC Form 1205
have been shown to be reasonable and that those new rates and charges may be put into effect on
June 1, 2000.
The City should order that any rates put into effect prior to the final determination of the
approved levels for the BST MPR and the system network rate adjustment [if any], shall be collected
subject to refund.
FCC FORM 1240- 2000-2001
Federal Communications Commission, Washington, DC 20554 Approved' by OMB 3060-0685
FCC FORM 1240
UPDATING MAXIMUM PERMITTED RATES FOR REGULATED CABLE SERVICES
Cable Operator: RICE WILLIAMS ADJUSTED FILING
I Name of Cable Operator
CABLEVISION VII, INC. IAT&T O'~VNED] 2000 - 2001 RATES
'~'a]l~i~Address of Cable Operator
[City ]~i'tiie ....... ]ZiPCode ..... 1
YES NO
I. Does this filing involve a single franchise authority and a single community unit? [__~ X ?
If yes, complete the franchise authorit),' information
below and enter the associated CUlD number here: IA0090
YES NO
2. Does this filing invoh'c a single franchise authorit)' but multiple community units? "~ ....... X
If yes, enter the associated CUIDs below and complete file franchise authority information at the bottom of this page:
ADJUSTED FILING. BEGINS WITH RXV ADJUSTED 1999 FINAL FILING - INCLUDES ELIMINATION OF SOME FRANCHISE OOSTS
AND REVISED INFLATION FACTORS IN FILINGS FOR 1996-1999.
1240-2000.123 05/04/2000
3. Does this filing involve multiple franchise authorities?
If yes, attach a separate sheet for each franchise authority and include the following franchise authority infommtion with
its ~sociated CUID(s):
Franchise Authority Information:
Name of Local Franchising Authority
~ CITY OF IO%VA CITY, IOWA
Mailing Address of Local Franchising Authority ' .........
Telephone number Fax Number
4. For ~vhat purpose is this Form 1240 being filed? Please put an "X" in the appropriate box.
a. Original Form 1240 for Basic Tier ] ............ t
, X :
b. Amended Form 1240 for Basic Tier ~ I
c. Original Form 1240 for CPS Tier i ~
d. Amended Forn~ 1240 for CPS Tier ~" ,,
TO
5. Indicate the one year lime period for ~vhich you are setting rates (the Projected Period). [ 06/01/2000 ; 05/31/2001 ] {nmVyv)
TO
6. Indicate the time period for which you are performing a true-up. 12/01/1998 11/30/1999 ! (mnvvx
7. Status of Previous Filing of FCC Form 1240 (enter an "x" in the appropriate box)
YES NO
a. Is this the first FCC Form 1240 filed in any jurisdiction? t ,~ i
b. Has an FCC Form 1240 been filed previously with the FCC? ......... ~ 9
If yes, enter the date of the most recent filing: i (mm/dd/v,')
YES NO
c Has an FCC Form 1240 been filed previously with the Franchising Authority? ~ ~ ' ' '
I X
If yes, enter the date of the most recent filing: [ 03/01/1999 ] (mm/dd/',x)
Page I Lotus 123 WK4 version FCC Form 1240, July 1996
;ederal Communications Commission, Washington, DC 20554 Approved by OMB 3060-0685
8. Status of Previous Filing of FCC Form 1210 (enter an "x" in the appropriate box)
YES NO
a Has an FCC Form 1210 been previously filed with the FCC? [' '~ I X
If yes, enter the date of the most recent filing: L 12/05/19947 ] (mm/dd/))')
YES NO
b. Has an FCC Form 1210 been previously filed with the Francbasing Authority? [ X ~ :
If yes, enter the date of the most recent filing: [ 12/01/1994 J (mn~dd/))')
9. Status of FCC Form 1200 Filing (enter an "x" in the appropriate box)
YES NO
? ~ X
a Has an FCC Form 1200 been previously filed with the FCC? ~ i _
If yes, enter the date filed: ~ 08/i~/19947 ~ (mn~/dd/x~')
~S NO
b. H~ an FCC Form 1200 been previously filed ~vith the Francbasing Authority? ~ X "~' 9
If yes, enter the date filed: T0S/~S/~994 '] (mm/dd/yy)
10. Cable Programming Services Complaint Status (enter an "x" in the appropriate box)
~S NO
a Is this fo~ being filed in response to an FCC Fonu 329 complaint? [ ] X
If yes, enter the date ofthe complaint: t__ ~_ ~ {mm/dd/))')
YES NO
12. Selection of "Going Forward" Channel Addition Methodology (enter an 'x" in the appropriate box)
'~ Check here if you are using the original rules [M~KUP METHOD].
'~} Check here if you are using the new, alternative roles [CAPS METHOD]. [? Since the filing uses entries for the Markup Method]
If using the C~S METHOD, have you elected to revise recover' for %S NO
channels added during the period May 15, 1994 to Dec. 31, 19947 { X
l& Headend Upgrade Methodology
*A'OI~'.' Operators ITIUM Cerl~' I0 the ( 'ol~lllllsSio~ /heir ehg~bdfiy to me this upgrade methodol~gv and attach an equipment h.~t and depreciation .~chedule.
_ __J Check here if you are a quali~'ing small system using the streamlined headend upgrade methodology.
Part I: Preliminary Information
Module A: Maximum Permitted Rate From Previous Filing
~ b c d
Line Line Description Basic Tier 2 Iier 3 Tier 4 Iier 5
Module B: Subscribership
Line Line Description Basic Tier ~ Tier 3 Tier 4 Ti
B I Average Subscribership For lrue-Up Peri~ I 19 6~0 ~
...... '-I - -
B2 Average Subscribersh~p For True-Up Period 2 ]
B3 Estimated Average Subscribership For Projected Period 19,795 l
Module C: inflation Information
Line Line Description
CI Unclaimed lnllalionO~ratorSw=tchingFrom 1210To 1240 I 0000
C2 Unclaimed Inflation: Unregulated O~rator Res~nding lo Rate Complaint I 0000
C3 Inflation FaclorForTrue-UpPeriod I [Wks I] 10124
C4 Inflation Factor For lrue-Up Period 2 [Wks I]
C5 Cuffenl FCC ln~ation Factor 1.0104
Page 2 Lotus 123 WK4 version FCC Form 1240, July 1996
Federal Communications Commission, Washington, DC 20554 Approved by OMB 3060-0685
Module D: Calculating the Base Rate
I a b c " ~ .... e
! Line Line Description Basic Tier 2 lier 3 lier 4 lier 5
DI Current Headend Upgrade Segment
D2 Current External Costs Segment Sl .71701 ]
D3 Current Caps Method Segment ] :
D4 Current Markup Method Segmenl $0.0200 ~_~__ ~: __
D5 Current Channel Movement and Deletion Segment $02233~ I I
D6 Current True-Up Segment ($0.0185) i
D7 Current Inflation Segment $0.0826 !~ ! ,
D8 Base Rate [AI-DI-D2-D3-D4-DS-D6-DT] $10.3423 I I '
Part II: True-Up Period
Module E: Timing Information
', Line Line Description
E I What Type of True-Up Is Being Performed? (Answer "1 ", "2", or "3" See Instructions for a description oflhese types. ) , 2
If "l", go to Module I. If "2", answer E2 and E3. If "Y', ansv, er E2, E3, E4, and ES.
E2 Number of Months in the True-Up Period I 12
E3 Number of Months between the end of True-Up Period I and the end of the most recent Projecled Period 6
E4 Number of Months in True-Up Period 2 Eligible for Interest 0
E5 Number of Months True-Up Period 2 Ineligible for Interest 0
Module F: Maximum Permitted Rate For True-Up Period 1
i. b c d e
Line Line Description Basic Tier 2 Tier 3 lier 4 lier 5
F I Caps Method Segment For True-Up Period 1 [Wks 2]
F2 Markup Method Segment For True-Up Period I [Wks 3] $0.0500 i
F3 Chan Mvmnl Delem Segment For True-Up Period I [Wks' 4/5] $0.1369
F4 True-Up Period I Rate Eligible For Inflation [Dg+FI~F2+F3] $10.5292
F5 Inflation Segment for True-Up Period I [(F4'C3 )-F4] $0.1301
F6 Headend Upgrade Segment For True-Up Period 1 [Wks 6] I
I ................ 7 : -
F7 External Costs Segment For True-Up Period 1 [Wks 7] $ t. 5424
F8 True-Up Segment For True-Up Period I ($00185~ I .....
F9 Max Perm Rate for True-Up Period l [F4+FS+F6+FT*F8] $12,1832
Module G: Maximum Permitted Rate For True-Up Period 2
~' a b c d " e
: Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier
c, Caps Me,boa Segme.t For True-Up Period 2 twks 21 [ !
G2 Markup Method Segment For True-Up Period 2 [Wks 3] ] ..... ~
G4 TU Period 2 Rate Eligible For inflation [DS*F5+G I+G2*G3]
G5 Inflation Segment for True-Up Period 2 [(G4*C4)-G4] 1 .... ~
G6 c ~i 6] I
c? t
G8 True-Up Segment For True-Up Period 2
G9 Max Perm Rate for True-Up Period 2 [G4+GS*Gb~GT+GS]
Page 3 Lotus 123 WK4 version FCC Form 1240, July 1996
Federal Communications Commission, Washington, DC 20554 Approved by OMB 3060-0685
Module H: True-Up Adjustment Calculation
a b c d e
Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier
Adjustment For True-Up Period 1
H1 Revenue From Period I $2,819,3940000 I
H2 Revenue From Max Permitted Rate for Period I $2,868,411.7858 ~ .....
H3 True-Up Period I Adjustment [H2-HI] $49,017.78581
H4 Interest on Period I Adjustment $5 669 5962 ~
Adjustment For True-Up Period 2
H5 Revenue From Period 2 Eligible for interest I
H6 Revenue From Max Perm Rate for Period 2 Eligible For Interest
H7 Period 2 Adjustment Eligible For Interest [H6-H5] ,.
.... ~ -
H8 Interest on Period 2 Adjustment (See instructions for formula)
H9 Revenue From Period 2 Ineligible for Interest '
.... ~ . .
HI0 Revenue From Max Perm Rate for Period 2 Ineligible for lntere1
HI l Period 2 Adjustment Ineligible For interest [H10-H9] 1
Total True-Up Adjustment
H 12 Previous Remaining True-Up Adjustrnenl $54,687.3820
HI3 Total True-Up Adjustment [H3~-H4~H7~-H8+H1 l+HI2] .
I-.I15 RemainingTrue-UpAdjustmem[HI3-Hl4] .
Part III: Projected Period
Module I: New Maximum Permitted Rate
a b c d e
Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier
I I Caps Method Segment For Projected Period [Wks 2] i
12 Markup Method Segment For Projected Period [Wks 3] S0.0500] _
13 Chan Mvmnt Deletn Segment For Projected Period [Wks 4,5] ] $0.8212
14 Proj. Period Rate Eligible For Inflation [DS+FS+G5+I 1-12+13] $11.3436
15 Inflation Segment for Projected Period [(14'C5)-14] $0. 1180
16 Headend Upgrade Segment For Projected Period [Wks 6]
17 External Costs Segment For Projected Period [Wks 7] $2.0835
18 True-Up Segment For Projected Period $0.2302
t ...........
19 Max Pertained Rale for Projected Period [14+15+16+17-18] $13.7753
I I 0 Operator Selected Rate For Projected Period $13.0600,
Certification Statement
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001 ), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
I centS' that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith.
Signature Date
GENE CAIN, REGULATORY ANALYST 03/01/2000
THIS FILING REVIEWED AND ADJUSTED BY RICE WILLiA 05/04/2000
Telephone number I Fax Number
Page 4 Lotus 123 WK4 version FCC Form 1240, July 1996
:ederal Communications Commission, Washington, DC 20554 Approvedby OMB 3060-0685
Worksheet 1 - True-Up Period Inflation
For instructions, see Appendix A of Instructions For FCC Form 1240
Line Period FCC Inflation Fnctor
10l Month I=Dcc 1998 0,78%
102 MollIll 2 1.60%
103 Month 3 1,60%.
104 Month 4 I 60%
105 Month 5 1.35~%
106 Month 6 1.35%
107 Month 7 1.35%
108 Month 8 1.04%
109 Month 9 1.04%
I I0 Monlh l0 1-04°,~
l I Month ] I 1.04%
12 Month 12= Nov 1999 1.04%
13 Average Inflation Faclor for True-Up 1.0124
Period I
114 Month 13
I 15 Month 14
116 Month 15
I 17 Month 16
118 Month 17
119 Month 18
120 Month 19
121 Month 20
122 Month 2 I
123 Month 22
124 Month 23
125 Month 24
Average Inflation Factor for True-Up
126 Period 2
Page I Lotus 123 WK4 version FCC Form 1240, July 1996
FCC FORM 1205- 2000
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4/30/97
FCC FORM
DETERMINING REGULATED EQUIPMENT AND INSTALLATION COSTS
"EQUIPMENT FORM"
RICE WILLlAb, IS REVIE%V OF YEAR 2000
N~ ofCsbk ~1~
'
I. This form is being filed: IEnter an "x' in Ibe al,lsrol~riate box]
~Z~ln conjuv, clloa .~d~ FCC Form 12OO. FCC Fo~t 1220. o~ FCC Form 1225
Emc/the datc oe x~h~ch )Ou last filcd this fortH:I 03/0 I, 1999 ~ nmlt/~L, xx )
Page 1 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4~30~97
SCHEDULE A: CAPITAL COSTS OF SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT AND PLANT
Maimenance Olh~r I. fOther 2.
A Equipmatt and piam Vehicles Tools Facilities (Specif) tNdo~) }(Slleclf) bdo~ )
!:/:',':~': :"iZ' ??":':i: ~='''''' ':" ' :: ':
~;~:- C.~' ~:~ ,:-: ~.~ ':j~. ~ -.
~;~ :' :~-. ·
.... m,: "?::'~' · ~':'~'?~ -:'
:~- ~ . . · · -. .
~ Ba~R~I~,~,t,~:,t~,,o~,tlG4c] N: ~ ~ : . .; .' ' '
G~ Rc~:s Subj~l to ls~ Tax {G~-~b+G~I ~ '~,:.' d"', ' ' ~ , '. , ' ': :,': ;: _;~ '::
- ~, . , ~:'.~ - ~ .. , --'~ :~ :: ,'
~ Rc~sPc~BcSubj~imht~mcTaxl~] ~a :~ '..,:. ~' , ,:~_, 7, ~" ' " . ~-.
SCHEDULE B: ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPM_ENT
SalariesI I I OSh'~' r Other
· ..-",.:::: ....
~ C~ND TOTAL I~um of Line A cnl~es} S8~3.4~.463 ~1 guI
Page 2 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4~30~97
SCHEDULE C: CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
~"' OAjOe. N) C..L~V.N, Coatcrier 2 ~' ""E~'n~' 3 ! Other
C .........
.:~ ~
$4,15338331~3 ~ ............ ~
r
LscrEDuLE ~: AvErace Hours Per ,nstaLLatIOn
Page 3 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4~30~97
WORKSHEET FOR CALCULATING PERMITTED EQUIPP, IENT AND INSTALLATION CHARGES
STEP A, Iloud) Sen k~r Clarke
$2S'13~6
$28.1396
Page 4 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4~30~97
Page 5 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4130/97
WORK~HEET FOR CALCULATING TOTAL EOIdlPMENT AND INSTALLATION COSTS
I Tou] CapeIll CosIs o( hlslallilme and Maimc~asicc ISdK, dulc A. Box I ] $87.91LOM. |928
2 Tolal Aamml C)I~llini E~ for Inslallalio~ and Maialenlnce IScheduk B. Box 21 $8.~1.405,463.U IO0
3 ToUl Annual Capitol Costs oflmlallalion a~l ~,lam_~c'n~ce Ihne I, Lir~ 21 $939,319,5.~1.2028
I 7 A~mual Cusloma Equip~enl and lasullalio4i Cmls [Line .~ · Line 61 $612.325,19_7.U31~
13 tmlal~m~ Adjusmlem Factor ISee Insu~clKmLsj
Page 6 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4130197
SUMMARY SCHEDULE
Curhint Equipmeal lad Imxlllalkm gatee J Pertained ~ Actual
CERTIFICATION STATEMENT
WILLF'~L FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE A~DX3R IMPRISONMENT
(U S CODE TITLE 18. SECTIO~ I~1~. ~D/OR FORFEI~RE ~ S CODE. ~TLE 47. SE~IO~
Page 7 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
ABBREVIATED COST OF SERVICE
FILING FOR CABLEVISION-
IOWA CITY
ABBREVIATED COST OF SERVICE FILING FOR CABLEVISION -- IOWA CITY CABLEVISION FILING ADJUSTED BY RICE WILLIAMS
Upgrade Revenue Requirement Computation
(a) (b) (c)
Line Number and Description Basic CPS Basic .... .C_P._S_ ........
I Net Rate Base $907,448 ] $983,069
2 Return on Investment
a. Rate of Return Percenta~.e 11.250% ......
b. Computed Return on Rate Base $102.088 '._ $_11_0:_5.9.~.
3 Allowance for Income Taxes
a. Federal Income Tax Rate 35.00%
b. State Income Tax Rate 12.00%
c. Return on Rate Base $102,088 $110,595
d. Interest Charges $8,269 $8,958
e. Distributions (Non-C corp. fliers only)
f. Contributions (Non-C corp. fliers only)
g. Return Amount Subject to Income Tax $93,819 $101,637
h. Income Tax Allowance i $70,200 '~ $76,050
4 Total Operating Expenses ] $59.811 i $64,795
5 Vota Reve.ue I come Adjustments [
6 Total Revenue Requirement i $223..27_5_.!_ $241,882
Allocation of Upgrade Revenue Requirement to Basic and CPS Tiers
BASIC CPS TOTAL
Line Number and Description Tier I Tier 2 Tier 3
i Revenue Requirements* $223,275 $241,882 $465,157
2 Number of Subscribers 25,690 22,968 : ....
3 Annual Revenue Requirement per Subscriber $8.6911 ~ $10.5312 $18.1065
4 Monthly Charge (Ex. Fee) $0.7243: $0.8776! $1.5089 '
5 Franchise Fee at: 0.00% . ~ ~- ..... T ......
6 Sen'ice Charge Plus Franchise Fee [ $0.72 $0.88 [ $1.51,
interest Expense Related to Upgrade Cost Assignments &Allocations
Up~ade Rate Base 4,812,000 Totals BST CPS- I i Other
DebtSEquity Ratio 0 Plant 4,812,000 849,176 919.941 j 3,042,882
Debt Portion 0 AFUDC 330.207 58.272~ 63,128~ 208.807
Weighted Interest Rate 0 Net RB 5,142,207 907,448; 983,069 ~ 3.251.690
Interest Expense for Upgrade 0 Op. Exp. ! 2,061 2, 128_! 2,306 ! 7.627
Rel. sup. exp. 0 0 [ l ......
AIIoeator Development Depre. Exp 326,867 57,682 1 '~2.~ ..'' 206.69_5,
Tier I Channel Cap. Total Op. Exp. 338,928 59.8 II~F 64,795' 2.14.:3_22
BST t 24 Other adjust. (50,000~ (8,824~ _(.9,559), (3 176187
CPS , 26 Interest 46,858 8.269 ~ 8.958 29.631
]--
47" 0
0
~ 0
Other t 86
Total [ 136
llJJ U N 1 2000
NAGER'S OFFICE
Great Lakes Division AT&T Breadband & Internet Services
111 Pfingsten Road, Suite 400
Deerfield, IL 60015
June 12, 2000 847 480-9292
FAX 847 480-7462 ~ ~ ~
Dale Hellhag
410 East Washington
Iowa City, IA 52240-1826
Dear Mr. Hellhag:
We are in receipt of the review and analysis prepared by Rice, Williams Associates CRWA") and
appreciate the opportunity to comment. AT&T Broadband C'AT&T") feels that it may be ha everyone' s
best interest to offer a cooperative resolution for consideration at the June 13, Commission meethag. The
first issue of resolve applies to the "final" 1235 illhag. As properly noted ha RWA's review, the Form
1235 cost component is not included in the basic price effective June 1, 2000. For this reason, AT&T will
voluntarily withdraw without prejudice, the Form 1235 filing dated January 28, 2000.
The Form 1235 illhag was submitted in a timely manner upon completion of the system-wide rebuild.
However, this filing was generated ha advance of all final costs becoming available so certain costs were
based upon estimates. While we believe the estimates fairly portray the total costs associated with the
rebuild, AT&T feels it is not worth contesthag since no portion of the Form 1235 calculated rate is currently
being charged to customers. AT&T will resubmit the Form 1235 with next year's annual filing, as final
costs should be on our books and records at that time. An explanation addressing the other issues raised in
RWA's report will be included with our resubmitted Form 1235 filing.
Secondly, we agree to the adjusted MPR for the 2000 1240 and will reflect the adjusted basic MPR of
$13.7753 ha the subsequent year filing. Amended illhags for the years 1996 though 1999 were recently
submitted and reflect the elimination of relocation costs as ordered by the FCC.
Please feel free to contact Lanae Juffer, general manager or myself if you have any questions or comments.
Sincerely,
Kenneth P. Reske
Director of Regulatory Affairs
CC: Lanae Juffer, General Manager
Jon Koebrick, Director of Franchising
Recycled Paper
City of Iowa City
MEMORANDUM
Date: May 30, 2000
To: City Council Members
Re: Recommendation to Accept Resolution as Written
The ICTC voted unanimously at their May 22, 2000 meeting to recommend to City Council that
the resolution before you be adopted. This resolution is based on the report and work done by
our consultants, Rice, Williams and Associates.
The resolution finds reasonable and approves the cable TV basic tier service rate increase and
equipment charges of AT&T effective June 1, 2000. These charges are below the Maximum
Permitted Rate (MPR) calculated by Rice, Williams and Associates. The MPR is used as a
starting point for future rate calculations.
However, Rice, Williams did find that AT&T had erred in their calculations in determining MPR,
finding it to be higher than Rice, Williams and Associate's calculations. Therefore, the resolution
slightly reduces the MPR accordingly.
AT&T has an opportunity to re-file with the City and the FCC. If they do so, Rice, Williams
Associates will recalculate the figures presented and determine whether AT&T's MPR should be
accepted.
If you have any questions please feel free to give me a call at 338-0849 or Drew Shaffer a call
at 356-5046.
Ls\mem\ictc5-26 .doc
06-13-00
25
Prepared by: Madan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 00-210
RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL
YEAR 2001 FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK,
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of
the City Council referred to as unclassified personnel; and
WHEREAS, it is necessary to establish salary compensation for the said unclassified personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the following positions shall receive as salary compensation that amount which is set
forth and where said employee shall receive or collect any fees or other compensation from others
for services as such employee, the same shall be paid to the City Treasury.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following compensation is hereby established effective July 1,2000:
Salary: City Manager - $125,008.00
City Attorney - $84,011.20
City' Clerk - $63,003.60
Other: City Manager - cash value of 80 hours of accrued vacation ($4,808.00)
All to be paid directly to pension plan
Passed and approved this 13th day o~~~. ,2000 /
V A' 6fi' ' '
Ci~ A~orney's Office
It was moved by Champ1 on and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X Pfab
X O'Donnell
X Vanderhoef
X Wilburn
clerk~res~alaries.doc
Human Resources/Personnel
Memo
DATE: June 12, 2000
TO: Stephen ]. Arkins, City Manager
FROM: Sylvia A. Mejia, Personnel Administrator,~J~/'
RE: Council Member Request
Council Member Steven Kanner requested information regarding the total
compensation package for the City Manager, the City Attorney and the City Clerk.
Following is the information that I have compiled in response to his request. This
information is for the fiscal year 1999-00.
City Manager
Base Salary (FYO0) $117,000
80 hrs. accrued vacation $4,500 (paid to pension plan)
3% salary increase $3,515 (paid to pension plan)
5.75% IPERS paid by City on base salary (State law)
3.7% IPERS paid by employee on base salary (State law)
$7,500 paid by City under Federal 457 pension plan
Health insurance same as all employees
Dental insurance same as all employees
Long term disability insurance same as all employees
(Note: Police/fire sworn personnel have different disability plan)
Base life insurance same as all employees (over $50K taxed)
Supplement life insurance of $250,000 paid by City (all taxed)
Car provided - per diem tax under Federal law
City Attorney
Base Salary (FY00) $78,811
5.75% IPERS paid by City on base salary (State law)
3.7% IPERS paid by employee on base salary (State law)
Health insurance same as all employees
Dental insurance same as all employees
Long term disability same as all employees
Base life insurance same as all employees (over $5OK taxed)
City Clerk
Base Salary (FY00) $59,009
5.75% IPERS paid by City on base salary (State law)
3.7% IPERS paid by employee on base salary (State law)
Health insurance same as all employees
Dental insurance same as all employees
Long term disability same as all employees
Base life insurance same as all employees (over $5OK taxed)