HomeMy WebLinkAbout2000-11-21 Resolution 11-21-00
4d(1)
Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 00-384
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, DIRECTING
CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 19th day of
December, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named pFoject is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 21st day of November ,20 O0
MAYOR
_/,r~v~
ATrEsT:C city Attorney's Offic !' I -D 7
It was moved by Vantier'heel and seconded by Wi '1 bur'n 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
pwengVes~highway6,doc
' 1 t -2t -00
4d(2)
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 00-385
RESOLUTION SETTING THE PUBLIC HEARING ON THE FIRST AVENUE
EXTENSION PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF
NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF
AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT.
WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental body which
proposes to acquire property under power of eminent domain for a public improvement project is
required to give notice of a public hearing to each owner of record of agricultural land that may be
the subiect of condemnation prior to declaration of intent to acquire or condemn, if necessary, all
or a portion of property or an interest in property for the public improvement; and
WHEREAS, the proposed First Avenue Extension Project includes grading, paving, sidewalks,
storm sewer and related construction work; and
WHEREAS, before the City of Iowa City can proceed to acquire property in connection with said
project, the City Council must give notice by mail and publication to owners of agricultural land
that may be acquired or, if necessary, condemned for the Project and hold a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. Documentation showing the proposed location of the First Avenue Extension Proiect shall be
placed on file in the office of the City Clerk and made available for public viewing.
2. A public hearing on the First Avenue Extension Project is to be held on the 9th day of January,
2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the
above-named project in a newspaper published at least once weekly and having a general
circulation in the City, not less than four (4) nor more than twenty (20) days before said
hearing.
4. The Department of Public Works and City Clerk are hereby authorized and directed to cause
notice of said public hearing to be mailed and published as required by law with said Notice to
be in substantially the attached form.
Passed and approved this 21st day of November ,20 O0
MAYOR *' '
CI City Attorney's Office
pwengVes~rslave2.doc
Resolution No. 00-385
Page 2
It was moved by Vanderhoef and seconded by )4i '1 burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE
NEEDED FOR FIRST AVENUE EXTENSION PROJECT
TO: Nadine T. Larson Garry R. Hamdorf
Charles Jeffrey Larson Susann K. Hamdoff
Lori Faith Larson 2545 Bluffwood Drive
Carroll B. Larson Iowa City, IA 52245
John W. Larson
2201 Dubuque Road George Wells
Iowa City, IA 52240 1116 E. Davenport Street
Iowa City, IA 52245
Chapter 6B of the Iowa Code requires a governmental body which proposes 19 acquire
property rights under power of eminent domain for a public improvement project to give
notice of the project to all agricultural property owners whose properties may be affected and
to hold a public hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners and
tenants that the City Council of the City of Iowa City will consider acquiring or condemning,
if necessary, property rights required for the project. Said project includes grading, paving,
sidewalks, storm sewer, water main and related construction work.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION.
If the above-described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of the records of the Johnson County Auditor, it appears that
properties or portions of properties owned by the above-identified persons may have to be
acquired for the project by the methods described above. The City will attempt to purchase
the required property by good faith negotiations. If negotiations are unsuccessful, the City
will condemn those property rights which it determines are necessary for the project. The
proposed location of the above-described public improvement is shown on documentation
which is now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
FUND PROJECT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary designs now indicate that
certain property rights may need to be acquired. Comments will be considered in preparing
the final design, particularly as private property may be affected.
2
In making the decision to acquire or condemn property rights, if necessary, the City Council
'is required to hold a public hearing, giving persons interested in the proposed project the
opportunity to present their views regarding the decision to acquire or condemn, if necessary,
property or an interest in property for the project. The public hearing will be held on the 9th
day of January, 2001 in the City Council Chambers, Civic Center, 410 East Washington
Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of
the City Council thereafter as posted by the City Clerk. In order to commence the
acquisition or condemnation, if necessary, of property rights for the above-described project,
City Council will be required to authorize acquisition of private property rights for the project
by Council resolution. The City Council is scheduled to consider adoption of a resolution
authorizing acquisition of property rights for the above-described project following the public
hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property fights by
condemnation.
4. CONTACT PERSON
If you have any questions concerning the First Avenue Extension Project please contact the
following person:
Charles Schmadeke
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
(319) 356-5141
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to acquire property
rights for the project. This Notice does not constitute an offer to purchase property rights.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An oft~r to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
3
c. Receive a copy of the appraisal, if an appraisal is required, upon ~vhich the acquiring
agency's determination of just compensation is based not less than 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code 86B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code 86B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation conunission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B .4A)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code 8§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code 8§ 6B.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code 8316.9)
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
Marian K. Karr
City Clerk
t 1-21-00
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Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 00-386
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF A LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE
FOR THE PROPERTY LOCATED AT 916 NORTH DODGE STREET, IOWA CITY, IOWA.
WHEREAS, on October 18, 1994, the owner of 916 North Dodge Street executed a Mortgage
and a Promissory Note through the City's Housing Rehabilitation Program for the amount of
$4,663 in the form of a conditional occupancy loan with a one time 5% interest fee; and
WHEREAS, the loan was paid off on November 6, 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 916
North Dodge Street, Iowa City, Iowa from the Mortgage and Promissory Note recorded on
October 25, 1994, Book 1828, Page 81 through Page 88 of the Johnson County Recorder's
Office.
Passed and approved this 2:~st day of NoVember ,20 00
MAYOR
Approved by
CI~~E~'~' City Attor~ey's Office
It was moved by Vander'hoef and seconded by Wi 1 bu¥'n the Resolution be
adopted, and uppn roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrehab~res\916ndodge,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 916 North Dodge Street, Iowa City, Iowa,
and legally described as follows:
Beginning at the northwest corner of Lot 47 in the Subdivision of the Southeast quarter
of Section 3 in Township 79 North, Range 6 West of the 5th P.M. according to the plat
thereof recorded in Plat Book 1, page 1. In the office of the Recorder of Johnson
County, Iowa thence Easterly 80 feet along the north line of said Lot 47, thence
southerly on a line parallel with the east line of said Lot 47, to the south line of said Lot
47, thence Westerly along the southerly line of said Lot 47 to the westerly line of said
Lot 47, thence Northeasterly along the westerly line of said Lot 47 tot he point of
beginning.
from an obligation of the owner, Ruth A. Cuber, to the City of Iowa City in the total amount of $4,663
represented by the Mortgage and Promissory Note recorded on October 25, 1994, Book 1828, Page
81 through Page 88 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 docu ent. ,..~-~~-~--/t..._~
R
Approved by
City Attorney's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~/ day of 7')r~ve.,~ ~,av" , A.D. 20 D~ , before me, the undersigned, a Nota~
Public in and for sa{d County, in said State, pe~onally 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
a~xed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf
of the corporation by authority of its City Council, as contained in Resolution No. ~ adopted by the
City Council on the ;/ day ~,~.~ ,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 volunta~ act
and deed of said corporation, by it and by them voluntarily executed.
Nota Pubrc in and for Johnson County, Iowa
p~rehab~916nU~gerel.d~ y ' ~Xp; ~.
4f(2)
Prepared by: Keyin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 00-387
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART-
MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307, TO BE
USED FOR FY2001 TRANSIT OPERATING AND CAPITAL ASSISTANCE
FUNDING.
WHEREAS, the City of Iowa City operates a municipal transit system; and
WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary
of Transportation to provide grants for mass transportation projects; and
WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract
for financial assistance will impose certain obligations upon the City, including the obligation to
provide the local share of projects costs; and
WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department
of Transportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C.
requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of
1964 and the Department of Transportation's requirements under Title 53 U.S.C.; and
WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent
possible in conjunction with this project, and to establish and administer definitive procedures to
ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete
for contracts when the City procures construction contracts, supplies, equipment contracts,
consultants or other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Manager is authorized to execute and file an application with the U.S.
Department of Transportation, on behalf of the City of Iowa City, to aid in financing the
City's transit operations pursuant to 49 U.SC. {}5307.
2. The City Manager is authorized to execute and file with said application the required
assurances and any other documents required by the U.S. Department of Transportation
to satisfy the requirements of Title VI of the Civil Rights Act of 1964.
3. The City Manager, or the Johnson County Council of Governments (JCCOG)
Transportation Planning Division (Transportation Planner or Assistant Transportation
Planner) acting as the City Manager's representative, are authorized to fumish such
additional information required by the Department of Transportation in connection with
said application.
Resolution No. 00-387
Page 2
4. The City Manager is authorized to develop and execute affirmative disadvantaged
business policies with respect to the project and the project's procurement needs.
5. The City Manager is authorized to execute grant agreements with the U.S. Department of
Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and
capital improvements.
6. The Johnson County Council of Governments (JCCOG) - Transportation Planning
Division - Assistant Transportation Planner [Kevin L. Doyle] is authorized to: (a) submit
and review Federal Transit Administration grant applications, quarterly reports, and any
other required information; (b) electronically submit the FTA Annual Certification and
Assurances required from grantees electronically on behalf of the City of Iowa City and
Iowa City Transit with the Federal Transit Administration. An original copy of the FTA
Annual Certifications and Assurances will be kept by the City of Iowa City.
7. Upon approval of the grant application by FTA, the grant agreement may be executed
electronically by JCCOG Assistant Transportation Planner (Kevin L. Doyle) on behalf of
the City Manager, City of Iowa City.
Passed and approved this 21st day of November ,2000.
MAYOR
Approved by
City Attorney's Office
It was moved by Vanderhoef and seconded by W i 1 burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
'I X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
x Vanderhoef
X Wilburn
jccogtpW95fta~jowares.doc
11-2'1
4f(3)
Prepared by Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 00-388
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS
FOR SOUTH POINTE ADDITION, PART 4, AND DECLARING PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
Sanitary sewer, storm sewer, tile line, and water main improvements for South Pointe
Addition, Part 4, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for South Pointe Addition, Part 4, as constructed by Metro Pavers, Inc.
of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access are
hereby formally accepted and declared open for public access and use.
Passed and approved this 2:~st day of November' ,2000.
A ~db
ATTEST:
I
It was moved by Vander'hoef and seconded by Wi 1 bu~'n 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
pweng/res/southpointe.doc
ENGINEER'S REPORT
November 13, 2000
Honorable Mayor and City Council
Iowa City, Iowa
Re: South Pointe Addition, Part 4
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer, storm sewer, tile line,
water main and paving improvements for South Pointe Addition, Part 4 have
been completed in substantial accordance with the plans and specifications of
the Engineering Division of the City of Iowa City. The required maintenance
bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer,
tile line and water main improvements constructed by Maxwell Construction, Inc.
of Iowa City, Iowa and for the paving improvements constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
D"~nnis Gannon, P.E.
Assistant City Engineer
410 EAST WASHINGTON STREET * IO~,VA CII'Y, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009
t 1-21-00
Prepared by: Rob Winstead, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145
RESOLUTION NO. 00-389
RESOLUTION ACCEPTING THE WORK FOR THE WASHINGTON STREET
TRANSIT INTERCHANGE PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Washington Street Transit Interchange Project, as included in a contract between the City of Iowa
City and Streb Construction Co., Inc. of Iowa City, Iowa, dated October 6, 2000, 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 21st day of November ,20 00
Approved by
CI City At~{~rney's Office
It was moved by Vanderhoef and seconded by W'i '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 Wilburn
pweng~'es\washintaccept.doc
ENGINEER'S REPORT
November 1, 2000
Honorable Mayor and City Council
Iowa City, Iowa
Re: Washington Street Transit Interchange Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Washington Street Transit
Interchange Project has been completed by Streb Construction, Inc. of Iowa City,
Iowa in substantial accordance with the plans and specifications prepared by
Shoemaker & Haaland of Coralville, Iowa. The required performance and
payment bond is on file in the City Clerk's office. This completes construction
first phase of the project.
The final contract price is $212,929.88.
I recommend that the above-referenced improvements be accepted by the City
of Iowa City.
Charles Schmadeke, P.E.
Public Works Director
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009
City of Iowa City
MEMORANDUM
Date: November 14, 2000
To: Steve Atkins ~ .
From: Kim Johnson~ ~,~ ~
Re: Agenda Items
The following are costs associated with Capital Improvement Projects being
presented for acceptance at the November 21 st Council meeting:
1 ) Washington Street Transit Interchange Project
Contractor: Streb Construction, Inc.
· Project Estimated Cost: $ 210,000.00
· Project Bid Received: $ 201,393.10
· Project Actual Cost: $ 212,929.88
Defeated
I
11-21-0O
6f
Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO.
RESOLUTION AMENDING THE IOWA CITY/JOHNSON COUNTY FRINGE
AREA POLICY AGREEMENT TO REVISE THE LAND USE MAP
WHEREAS, the Iowa City City Council approved the Iowa City/Johnson County Fringe Area Policy
Agreement at their meeting of October 17, 2000, by Resolution 00-313 and
WHEREAS, the Johnson County Board of Supervisors has requested amendments to the land
use map which is part of the Fringe Area Policy Agreement; and
WHEREAS, one such change is substantive in that two quarter-quarter sections are added to the
commercially designated area at the interchange of Herbert Hoover Highway and 1-80; and
WHEREAS, the Iowa City Planning and Zoning Commission reviewed said amendments at their
meeting of November 2, 2000 and recommended by a unanimous vote that said quarter-quarter
sections not be added to the commercially designated area at Herbert Hoover Highway and 1-80.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Iowa-City/Johnson County Fringe Area Policy Agreement Land Use Map be amended
to show the two quarter-quarter sections north and south of Herbert Hoover Highway, one
in the southeast quarter of the southwest quarter of Section 5 and one in the northeast
quarter of the northwest quarter of Section 8, T79 N, R5 W, added to the area shown for
future commercial or industrial development.
2. The City Council of the City of Iowa City hereby incorporates the amended map into the
Fringe Area Policy Agreement and the Iowa City Comprehensive Plan.
3. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the
City Clerk to attest to the 28E Agreement between Johnson County and Iowa City
establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, which
shall include the amended map, for recordation as provided by law.
Passed and approved this day of ,20
MAYOR ~ by
A TT E S T: """C i~n
CITY CLERK '
PpddirVes%ffingearea.doc
Defeated
Resolution No.
Page
It was moved by and seconded by 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
City of Iowa City
MEMORANDUM
Date: October 30,2000
To: Planning & Zoning Commission
Re: o n County
On September 18, 2000, the City Council approved the Fringe Agreement as recommended by
the Commission. However, the Board of Supervisors at their October 5th meeting sent the
Agreement back to the City for further review; a copy of a letter from the Board to the Council is
attached. The two points raised dealt with the Land Use Map that is part of the Agreement. The
Board disagrees with the extent of the commercial area shown at the 1-80/Herbert Hoover
Highway interchange and raised questions about the intent of the map and what it should reflect
in terms of current zoning. The intent of the map is the easier issue and will be addressed first.
Purpose of the Map
The map that has been included in this and all previous Fringe Agreements is intended to be a
future land use map to be used when questions of rezoning property are presented to the City
and the County. The map, and the text of the Agreement, should be consulted for guidance on
these decisions. The map is not intended to reflect the current zoning of all property in the
Fringe Area. There is language in the Agreement that acknowledges the rights of property
owners to the zoning that is in place on their land. In those areas referred to in the County's
letter as shown for agricultural uses being preferred, this is the intent of the map and is reflective
of the language of the Agreement. In these areas, agriculture is preferred, until either
annexation occurs or unless an argument can be made for the RS-10 zoning allowed for
consideration in the Agreement.
In an attempt to clarify the use of property at the Highway 1/218 intersection, a change has
been made in the map after discussions with County officials. This change reflects the
commercial development that has occurred in the southwest quadrant of the intersection and
also shows a slightly higher residential designation (higher by County standards) to reflect future
development of this property for residential uses on 8,000 to 10,000 square foot lots. Since this
property is in Iowa City's growth area and likely to develop at a higher density in the City, this
seems like an appropriate designation. It does reflect existing zoning in the County.
1-80/Herbert Hoover Highway Commercial Area
The County is proposing that two quarter-quarter sections west of the previously designated
area be added to the commercial area shown on the map. If you recall the original area shown
was a compromise reached in the City/County subcommittee and taken through the respective
Zoning Commissions and the City Council. The position of the County is that additional land is
needed to fulfill their Land Use Plan goal of identifying areas in the county where commercial
uses are appropriate. The issue is the size of the area to be designated for commercial
development and, I believe, the focus of the commercial development.
Fringe Area
October 25, 2000
Page 2
The position of the County has been that any commercial development should occur in the
unincorporated county at the intersection of paved roads. The County selected the interchange
area since it already had commercial development--Sharpless Auction. Accepting the rezoning
of the Eyman property undertaken by the County, the City has agreed with the general location.
However, our position is that the commercial development should focus on the intersection and
not create a commercial strip leading down Herbert Hoover Highway into Iowa City. The two
quarter-quarter sections proposed--one on the north side of Herbert Hoover Highway (the
Donovan property) and one across the highway on the south-shift the focus from the Interstate
interchange to begin the creation of just such a commercial strip. Since news stories of the
Fringe Agreement discussions and the Donovan request, the City and County staffs have been
approached by a property owner further west who wants consideration of his property for
something more than the RS-10 permitted in the Fringe Agreement. With loss of the focus on
the interchange, it becomes more difficult for you and others to define the line of land use
changes and argue for the inclusion or exclusion of one property versus another.
Another of the County's concerns is that there is not enough land in the unincorporated county
for commercial development. Although we philosophically may disagree about the wisdom of
encouraging commercial development in unincorporated parts of the county, if you accept the
need for such, the question becomes how much land is necessary. The County has no absolute
figure in mind. In looking at the area in question, the current proposal of the County, including
the additional two quarter-quarter sections, encompasses about 233 acres of land that could be
converted to commercial uses from agricultural or rural residential uses (usually a single house).
This does not include Sharpless, the Eyman commercial area, or the road maintenance facility,
which are already used commercially. If the two quarter-quarter sections were not included,
approximately 178 acres would be available for future commercial development. Attached is a
sheet indicating acreage for commercial developments in Iowa City and for the Coral Ridge Mall
for purposes of comparison. It is the staff's view that there is substantial opportunity for
commercial development at the interchange without adding the two quarter-quarter sections
proposed by the County.
STAFF RECOMMENDATION
The staff recommends that the map be changed to reflect the commercial and residential land
uses anticipated at the Highway 1/218 interchange, and that the commercial designation at the
Herbert Hoover Highway/I-80 interchange remain as originally proposed, providing 178
additional acres for future commercial development and retaining the emphasis on the Interstate
interchange.
cc: County Planning Staff
ppddir~memos\fringearea.doc
Johnson County
BOARD OF SUPERVISORS
]
Sally Stutsman, Chairperson
Charles D. Duffy
Jonathan Jordahl
Michael E. Lehman
Carol Thompson
October 6, 2000
Mayor Ernie Lehman and Iowa City Council
410 E. Washington St.
Iowa City, IA 52240
Re: Johnson County/Iowa City Fringe Area Agreement
Dear Mayor and Council Members,
Following a work-session on Tuesday the 3rd of October, on Thursday the 5th of October 2000 at
its formal Public Hearings, the Board of Supervisors formally took action on the proposed
revised Fringe Area Agreement for Johnson County/Iowa City. The Board decided to send the
agreement back to the City for further review and discussion. There are a couple of issues with
the map that accompanies the written document that the Board feels should be addressed.
First, is the intersection at Herbert Hoover Hwy. and 1~80. The Map shows this as an area where
some commercial uses may be appropriate. The Board does not disagree with that; it does
however disagree with the area as identified. We'd like to review changing the lines to better
reflect land that is developable. It is our position, that in order to achieve the goals adopted in
the County's 1998 Land Use Plan, we must identify some areas in the county where commercial
uses are appropriate. This area has a long history of being used as commercial, and it seems
reasonable to stay with what has already been designated as commercial, rather than go out and
identify other areas in the county for commercial uses where it hasn't existed in the past.
Second, is the identification on the map in the southwest, southeast, and east, of areas designated
as agricultural uses preferred. When in fact it is currently zoned (1960) or used residentially. It
is our belief that the map should reflect the current zoning. As you are aware, if the land is
already zoned, the landowner has a fight to use that land as zoned. We are aware that this may
be a mapping error, but it does need to be clarified.
913 SOUTH DUBUQUE STREET, SUITE 201 · IOWA CITY, IOWA 52240-4207 , PHONE: (319) 356-6000 · FAX: (319) 354-4213
At the Board of Supervisors formal meeting on the 5th, the Supervisors directed the Planning and
Zoning Administrator, and Assistant Planning and Administrator to represent Johnson County
during discussions with the Council and/or City Planning Commission.
I would like to make it clear on behalf of the Board, that we do not have a problem with the
majority of the proposed agreement. We think on the whole that it is an excellent agreement,
and will be a benefit to Iowa City and Johnson County.
If you have any questions or comments, please contact me.
Sin,,cerely,
Chai~erson
Cc: Karin Franklin
Director Planning and Community Development
Rick Dvorak
Planning and Zoning Administrator
A.P. A,P. #99098 ~ ~
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Acreage table for various commercial sites in and
around the City of Iowa City
site name or description total acreage
CC-2 area containing Sycamore Mall 67
Sycamore Mall 21.31
Westport Plaza 30
Menards 29
Pepperwood Place (total) 23.53
K-mart (at Pepperwood) 10.4
Coral Ridge Mall 116.629
Towncrest
CO-1 25.55
CC-2 18.31
RICHARD J. DVORAK
PLANNING & ZONING
Job.so. JOHNSON COUNTY
IIOWA PLANNING AND ZONING a J loon , A CP
DEPARTMENT
ZONING ADMINISTRATOR
DAN SWARTZENDRUBER
ASSISTANT PLANNER
Date: November 16, 2000
To: Mayor Ernie Lehman, and Iowa City Council
From: PJ Moore, Asst. Administrator
Re: Fringe Area Agreement, Iowa City/lohnson County
Dear Mayor Lehman and Council members,
As you are aware the Johnson County Board of Supervisors has sent back the proposed Fringe Area
Agreement to the City of Iowa City; it is the Board's desire to have the City take another look at the
proposed agreement. The Board has some concerns about the map, in particular the 1-80/Herbert Hoover
Highway interchange. The Board and staff wanted the area identified on the map as appropriate for future
commercial use (CP2), to be redfawn on the west to include 16 acres south and contiguous to the 15 acre
Eyman CP2 parcel, and to then go south of Herbert Hoover Highway and include forty acres there. (See
map)
Rick Dvorak, lohnson County Zoning Administrator and myself on behalf of the lohnson County Board of
Supervisors met with the Iowa City Planning and Zoning Commission at their informal meeting on
October 30m, and at their formal meeting on November 2"d, 2000. At that time we presented the Board's
concerns, and explained the County's position concerning the map identifying the commercial area.
The following was our presentation.
Per the 1998 Johnson County Land Use Plan, the County is working on an Economic Development Plan,
based on adopted goals in the 1998 Plan, and the 1996 North Corridor Plan. Staff, along with the
Planning Commission and Board of Supervisors believes some limited commercial/industrial development
is appropriate in the unincorporated areas of the county. The majority of which wouM be directed to the
villages (Morse, Frytown, etc.), and some at major road intersections.
If the County is to continue the trend it has set the last two years of aggressively protecting agricultural
land by saying no to non-agricultural rezoning in the rural area, it must have identified areas for non-
agricultural zoning districts. The North Corridor and villages serve as future residential growth areas,
with villages and major intersections also identified for commercial and industrial growth. The County has
been encouraging past developments to have community water and wastewater systems, especially f6r
commercial development. That is why there is concern regarding the way the proposed Fringe Area map is
drawn for the 1-80/Herben Hoover Interchange
Why the County feels the 1-80/Herbert Hoover Interchange should be redrawn
913 SOUTH DUBUQUE STREET, SUITE 204, P O BOX 1350, IOWA C1TY, IA 52244
PHONE (319) 356--608~ FAX (319) 356-6086
WWW.JCCN.IOWA-CITY.IA.US/'JCooVIS/
1. Current zoning and commercial uses of this area. This area has a long history of being used
commercially, and zoned commercial.
2. This is an area the County is identifying as appropriate for limited commercial development.
3. It is at a major (paved road) intersection capable of handling additional traffic volume.
4. It has existing water and wastewater systems (Gateway) that could be available to surrounding users.
5. CP2 is the most restrictive commercial zoning district in the county.
6. A large portion of the identified area is not desired for development.
Iowa City's Director of Planning, Karin Franklin mentions in her memo to your commission that the
County is unsure of how much land we will need for commercial development. That is true, we are
working with what the proposed agreement was allowing for, the county wants to redraw the lines. We
have identified approximately 156 acres available for development, of which 77 acres is east of Utah, and
due to poor roads is not desired for development. The County just wants you to consider giving the 77
(according to the map approximately 56 acres) acres in an area that can be utilized. The idea is to square
the map off with the existing Eyman development on the north side of the road, drop straight south of the
road and go back to the east.
There appears to be some concern that is echoed in Karin's metno that it is the intent of the county to have
strip development in this area and continually move west towards Iowa City. It is not the County's intent
to have strip development! The county does not want to go any further to the west then the western edge of
the Gateway development.
The County believes that the proposed changes represent a sensible and rational approach for new
commercial development in this area.
That was basically our presentation. The crux being, if the county is to continue its successful
implementation of its Land Use Plan it needs to identify appropriate areas for different land uses.
The City Planning and Zoning Commission denied our request to redraw the lines on a 7 to 0 vote. They
gave a couple of reasons, but basically it boiled down to the rezoning of Eymans property was a~gainst their
and your recommendation, and they feel commercial development is more appropriate in the city.
I think they (Iowa City P&Z) have forgotten why the State Code allows Fringe Area type agreements
under Chapter 28E. Chapter 28E. 1 Purpose. Says; "The purpose of this chapter is to permit state and
local governments in Iowa to make efficient use of their powers by enabling them to provide joint services
and facilities with other agencies and to co-operate in other ways of mutual advantage". In particular the
to co-operate, and mutual advantage. Your P&Z was not inclined to see the County's perspective on this
issue, they showed no willingness to co-operate or create an agreement that is mutually advantageous,
which is the whole purpose of chapter 28E.
Fringe Area Agreements primarily benefit cities, at least the way we do them in Johnson County. State
Code already gives cities the right to review and approve or deny plats and apply their standards within
two miles of their corporate boundaries, but that is all. The County still controls zoning in the area and all
standards except for subdivisions. In the revised agreement with Iowa City (and the 1996 agreement) the
county has agreed that they will only rezone for certain uses within the two miles, as identified in the cities
future land use plan, plus in the revised agreement the county has agreed to give the city review and
oversight on developments greater than two acres (this would be Bob Wolf's). So my question is, what
does the County receive in return?
The only benefit I have identified that the county accrues in our Fringe Area Agreements is that we are
adhering to our Land Use Plan. This is an important benefit, but creating Fringe Area Agreements is just
a small piece of our LUP, and it is there because we have identified the desire to work with other
governmental entities to do good planning.
The Johnson County Planning and Zoning Commission conducted its public hearing on the revised Fringe
Area Agreement on November 13, 2000. At that time the Commission voted 5 to 0 to approve the
County's revised Herbert Hoover/I-80 map rather then the recommendation you received from your
Commission.
The Iowa City/Johnson County Fringe Area Agreement is a high priority for the Board of Supervisors.
They believe in, and have made consistent decisions that reflect a desire to coordinate planning efforts with
our municipalities since adoption of the 1998 Johnson County Land Use Plan. On behalf of the Board of
Supervisors we respectfully request your thoughtful consideration of this request.
If you have any questions or comments, please contact me.
Sincerely,
RJ Moore, AICP
Asst. Planning and Zoning Administrator
rjmoore@co .johnson. is .us
N
IC/Johnson County A
Fringe Area Agreement
Herbert Hoover/1-80 interchange
Johnson County Code of Ordinances 8:1.16B: CPI and CP2 Planned Commercial District ~ 33
[8:1.16B. CP1 AND CP2 PLANNED COMMERtlALDlSTRICT. The pxnt~e ofthe CPl and CP2 Planned
Commercial District is to provide for the location of commercial businesses in a manner which permits the review of
specific development plans in order to ensure the adequate provision of necessary services and a compah'bility between
adjoining land uses.
CPI - Permitted Uses:
1. Clubs and ledges
2. Office buildings
3. Printing and/or publishing houses
4. Hotels and motels
5. Restaurants, eating and drinking establishments
CP2 - Permitted Uses:
1. Restaurants, eating and drinking establishments
2. Filling stations and track teminais
3. Automobile, motorcycle, track and boat him and sales
4. Farm implement and machinery sales
5. Warehouse and wholesale distribution facilities
6. Manufactured homing sales and service
7. Greenhouses, nurseries and the sale of plants and related products
8. Plumbing, heating, or electrical contractors
9. Lumber yards, carpenter or cabinet shops
[10. Cemetery monument sales]a
11. Clubs and ledges
12. Computer supply stores
13. Comignment stores
14. Building supply stores
15. Meeting halls
16. Office uses
17. Religious inslitutious
18. Retail establishments provided that not more than 50% of the total ground floor area shall be devoted to retail
display
19. Telephone installation and service equipmere
20. Office and home cleaning companies
21. Sign installer
22.Geo-technical engineering companies and field equipment service garages
23. Furniture and carpeting stores
24. Ambulance/emergency response facility
25. Auto and track part sales
Ordinance 08-13-92-Z4
34 ~ 8:1.16B: CP1 and CP2 Planned Commercial pistrict Chapter F, il~ht: Property and Land Use
Accessory Uses:
In the CPI and CP2 District there may bc any accessory use of land or structm~ customarily incidental and subordinate
Bulk Regulations:
Lot area: 10,000 square feet One side yard: 15 feet
Lot Width: 50 feet Rear yard: 10 feet
Front yard: 40 feet Maximum height 45 feet
Special Provisions:
1. A Site Plan Review in accordance with the provisions of article 8:135 shall be required to obtain a building
permit in the CPI and CP2 - Planned Commercial District.]2
2. A community wastewater system and/or municipal water system may be mandatory at the discretion of the
Johnson County Department of Public Health.
2 Ordinance 03-22-84-Z2
11-21-00
7b
Prepared by: Kim Shera, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 00-390
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
ROCHESTER AVENUE PCC PAVEMENT REHABILITATION 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 10:30 a.m. on the 12th day of December,
2000, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m.
on the 1~9 day of December, 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 2]st day of November' ,20 00
it~y~ttorney's Office
pweng/res/rochesterpcc2.doc
Resolution No. 00-390
Page 2
It was moved by Champion and seconded by Pfab 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
11-21
Prepared by: Kim Shera, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437
RESOLUTION NO. 00-391
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF IOWA
AVENUE STREETSCAPE PHASE II IMPROVEMENTS 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.
WHEREAS, this project includes incentive pay of $500 per day for completion of the project
before 120 day work schedule. Work schedule includes Saturdays. Enhancement payments not
to exceed 10% of the project cost.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, including the provision for incentive pay, 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 12~h day of December,
2000. Thereafter the bids will be opened by the City Engineer or his designee, and
thereupe, n 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 19th day of December, 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 21st day of N~~~.~~ ,20 00
ATTEST: ~iT~,~E,R~K ~ ~ . //- 75"~) O
CI City Attorney's Office
pwengVes~i~aav~d~
Resolution No. 00-391
Page 2
It was moved by O' Donne] ] and seconded by Wi ] burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Prepared by: Doug Boothroy, HIS Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5121
RESOLUTION NO. 00-392
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SINGLE-
FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES
PROGRAM ('1605 DICKENSON LANE), ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
WHEREAS, notice of public hearing 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. That 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 ethf Iowa City, Iowa, at the
Office of the City Clerk, at the Civic Center, until 3:00 p.m. on the 13 day of December, 2000,
or at a later date as determined by the Director of Housing and Inspection Services or
designee, with notice of said later date to be published as required by law. Thereafter the bids
will be opened by the Director of Housing and Inspection Services or designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its meeting
on December 19, 2000, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at
7:00 p.m., 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 2:].s1: day of NovernbeY' ,20 00
CI City Attorney's Office
hisadrn/res/1605dickenson.doc
Resolution No. 00-392
Page 2
It was moved bY Champion and seconded by O'Donne] 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
City of Iowa City
MEMORANDUM
Date: November 15, 2000 ~ ~
To: City Council ) ' ~
From: Douglas Boothroy, Director of Hou sing Inspec rvices
Dream Home p
I have included in the Council's packet a copy of the floor plans and elevation of a single-family
home to be built at 1605 Dickenson Lane. The Council is scheduled to hold a public hearing on
this matter at the formal meeting of November 21, 2000.
hisad m/mem/1605Dickenson. doc
~a~n~s 1t I1 JIlL
~ I '~ ..... ' '
::::::::::::::::::::::::::::::::::::::::: ~ ~ ::::::::::::::::::::::::::::::::::::::::::::::::::
::::::::::::::::::::::::::::::::::::::::::::::::::::
A NORTH ELEVATION
.....~
'~ "~" ':
.-.-- '{~...~
.... ~-- ~- ~.. ,. ,- , ..... ~z, .;, ·
......
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lflfillfillfillfillll! ] ; ....
! r~ EAST ELEVATION ~ SOUTH ELEVATION
I ,~ !,?Tq:J ;~O0]j q?'\P NIVI^J "Z/
.- SaZ~S ~8 ~la~ :3iON
..~;~ :4.2 .... ,,, ~/~z,~;o~ [ N~d aooqa qIAaq ~tddn k~
33aHL ~00a I ~ / ,~
~ ~oo~aaa [ 9NIAIq / ~-.z /' ~t-,~ ~-,z
~ ~ ? ;/i c-.z ~, ;/z ~-.~ ,~ "a ' ~ ~/~ ~-.6~ ' ' ....
I~ ~ ~ ~ ~ '~'~'
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_ .............. ~ ~/~ o-,~ /
-2t -00
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-393
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT '1905 GLEASON AVENUE TO THE TENANT.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 1905
Gleason Avenue, also known as Lot 64, Part 2, Mount Prospect Addition; and
WHEREAS, the tenant at 1905 Gleason Avenue has offered to purchase this home for the
principal sum of $93,000.00, which is the appraised value of the property; and
WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership
of their own home; and
WHEREAS, on November 7, 2000 the City Council adopted a Resolution declaring its intent to
convey its interest in 1905 Gleason Avenue, authorizing public notice of the proposed
conveyance, and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
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 1905 Gleason Avenue, legally
described as Lot 64, Part 2, Mount Prospect Addition to Iowa City, Iowa, according to the
recorded plat thereof, to the Tenant. The Mayor and City Clerk are further authorized to
execute a second mortgage agreement and resale agreement with said family for a
second mortgage from the City in an amount not to exceed $23,000.00.
:
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.
Passed and approved this Zlsl: day of Novernbe~' ,2000.
City Attorney's Office
Resolution No. 00-393
Page 2
It was moved by Champ'ion and seconded by Pfab 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
Publish 11/9
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of
Iowa City, Iowa, will be received at the office of the Finance Director in the City of Iowa
City, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 21st day of November, 2000. The
bids will then be publicly opened and referred for action to the meeting of the City
Council as stated below.
Sale and Award: The sale and award of the bonds will be held at the Council
Chambers, Civic Center at a meeting of the City Council on the above date at 7:00 o'clock
P.M.
The Bonds: The bonds to be offered are the following:
WATER REVENUE BONDS, in the amount of $13,000,000,
to be dated December 1, 2000 (the "Bonds").
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form, which is incorporated by reference as a part of this notice. The
Official Statement may be obtained by request addressed to the Finance Director, Civic
Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or
the City's Financial Consultant, Evensen Dodge, Inc., 601 2nd Avenue South, Suite 5100,
Minneapolis, MN 55402, Telephone: (612) 338-3535.
Terms of Offering: All bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: Said bonds will be sold subject to the opinion ofAhlers, Cooney,
Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the
legality and their opinion will be furnished together with the printed bonds without cost to
the purchaser and all bids will be so conditioned. Except to the extent necessary to issue
their opinion as to the legality of the bonds, the attorneys will not examine or review or
express any opinion with respect to the accuracy or completeness of documents, materials
or statements made or furnished in connection with the sale, issuance or marketing of the
bonds.
Rights Reserved: The fight is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa.
s/Marian K. Karr
City Clerk of Iowa City, Iowa
REPORT OF BIDS
CITY OF IOWA CITY, IOWA
$13,000,000
Water Revenue Bonds, Series 2000
November 21, 2000
TO: Iowa City Mayor, City Council Members and Administration
FROM: David Dirks
EVENSEN DODGE, INC.
SUBJECT: $13,000,000 Water Revenue Bonds, Series 2000
Today, November 21, 2000, the sealed bids tabulated belo~v ~vere received, opened and reviewed. The
bids reflect and are indicative of the current conditions in the tax-exempt market.
BIDDER ADDRESS $ NIC (%) NIR
US Bancorp-Piper Jaffray Minneapolis $10,750,679.35 5.5372%
Dain Rauscher Inc. Chicago $10,753,379.29 5.5602%
PaineWebber Inc. Chicago $10,979,668.82 5.6233%
WE RECOMMEND AWARD TO:
US Bancorn - Piper daftray Inc.
Thank you for the opportunity to be of service to the City of Iowa City. Iowa. We are available to
answer any questions you may have on this or any other issue in the future.
100 Court Avenue, Suite 215
Des Moines, IA 50309
515/282-6138
FAX 515/282-0252
W:\lbm~Xresults\dirks
C6uncil Member 0' Donnel 1 introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $13,000,000 WATER REVENUE
BONDS," and moved its adoption. Council Member Vande rh oef
seconded the motion to adopt. The roll was called and the vote was,
A~rES: Chaml3ion, Kanner, Lehman, O'Dannoll,
Pfab, Vanderhoef, Wilburn
NAYS: None
Whereupon, the Mayor declared the following Resolution duly ridopted:
Resolution No. 00-394
RESOLUTION DIRECTING SALE OF $13,000,000
WATER REVENUE BONDS
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the bonds described as follows and the best bid received is determined to
be the following:
$13,000,000 WATER REVENUE BONDS:
Bidder: US Bancorp-Piper Jaffray of Minneapol is
the terms of said bid being:
Purchase Price: $ 12,857,649.21
True Irkerest Rate: 5. 5372 %
Net Interest Cost $ 10,750,679.35
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby determined to be
the best and most favorable bid received and, said bonds are hereby awarded based on
said bid.
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of said bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the bonds heretofore given and all acts of
the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved.
PASSED AND APPROVED, this 21st day of November .2000.
Mayor
ATTEST:
Council Member introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $13,000,000 WATER REVENUE
BONDS," and moved its adoption. Council Member
seconded the motion to adopt. The roll was called and the vote
AY s:
NAYS:
Whereupon, the Mayor declared the foI Resolution duly adopted:
\
\
RESOLUTION OF $13,000,000
WATER REVENUE
WHEREAS, pursuant to notice by law, bids have been received at
public sale for the bonds described the best bid received is determined to
be the following:
$13,000,00~ BONDS:
/
Bidder: / of
/
the terms of said bid being: /
Purchase Price: $ / \.
True Interest Rate: / %
!
Net Interest Cost ~g
Whereupon the Mayor declared the following Resolution duly adopted:
Resolution No. 00-395
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE AND SECURING THE PAYMENT OF $13,000,000
WATER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA,
UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND
PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS
WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes
hereinafter referred to as the "Issuer", has heretofore established charges, rates and
rentals for services which are and will continue to be collected as system revenues of the
Municipal Water Utility, sometimes hereinaRer referred to as the "System", and said
revenues have not been pledged and are available for the payment of Revenue Bonds,
subject to the following premises; and
WHEREAS, Issuer proposes to issue its Revenue Bonds to the extent of
$13,000,000 for the purpose of defraying the costs of the project as set forth in Section 3
of this Resolution; and
WHEREAS, there have been heretofore issued certain water revenue bonds or
notes, part of which remain outstanding and are a lien on the Net Revenues of the System
(defined herein as the "Outstanding Bonds"); and
WHEREAS, in the resolution authorizing the issuance of the Outstanding Bonds
it is provided that additional Revenue Bonds may be issued on a parity with the
Outstanding Bonds, for the costs of future improvements and extensions to the System,
provided that there has been procured and placed on file with the Clerk, a statement
complying with the conditions and limitations therein imposed upon the issuance of said
Parity Bonds; and
WHEREAS, a statement of Deloitte & Touche, Certified Public AcCountants not
in the regular:employ of lssuer, has been placed on file in the office of the Clerk,
showing the conditions and limitations of said Resolution, dated May 4, 1999, with
regard to the sufficiency of the revenues of the System to permit the issuance of
additional Revenue Bonds ranking on a parity with the Outstanding Bonds to have been
met and satisfied as required; and
WHEREAS, the notice of intention of lssuer to take action for the issuance of
$13,000,000 Water Revenue Bonds has heretofore been duly published and no
objections to such proposed action have been filed:
-2-
NOW, THEEFOE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
"Additional Bonds" 'shall mean any water revenue bonds or notes
issued on a parity with the Bonds in accordance with the provisions of this
Resolution.
· "Authorized Denominations" shall mean $5,000 or any integral
multiple thereof.
"Beneficial Owner" shall mean the person in whose name such
Bond is recorded as the beneficial owner of a Bond by a Participant on the records
of such Participant or such person's subrogee.
"Bonds" shall mean $13,000,000 Water Revenue Bonds, authorized
to be issued by this Resolution.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"Clerk" shall mean the City Clerk or such other officer of the
successor Goveming Body as shall be charged with substantially the same duties
and responsibilities.
"Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery of the Bonds, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
, "Depository Bonds" shall mean the Bonds as issued in the form of
one global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name of DTC or its nominee.
· "DTC" shall mean The Depository Trust Company, New York,
New York, a limited purpose trust company, or any successor book-entry
securities depository appointed for the Bonds.
-3-
"Fiscal Year" shall mean the twelve-month period beginning on
July 1 of each year and ending on the last day of June of the following year, or any
other consecutive twelve-month period adopted by the Governing Body or by law
as the official accounting period of the System. Requirements of a Fiscal Year as
expressed in this Resolution shall exclude any payment of principal or interest
falling due on the first day of the Fiscal Year and include any payment of principal _
or interest falling due on the first day of the succeeding Fiscal Year, except to the
extent of any conflict with the terms of the Outstanding Bonds while the same
remain outstanding.
"Goveming Body" shall mean the City Council of the City, or its
successor in function with respect to the operation and control of the System.
, "Independent Auditor" shall mean an independent .tim of Certified
Public Accountants or the Auditor of State.
, "Issuer" and "City" shall mean the City of Iowa City, Iowa.
"Net Revenues" shall mean gross earnings of the System after
deduction of current expenses; "Current Expenses" shall mean and include the
reasonable and necessary cost of operating, maintaining, repairing and insuring
the System, including purchases at wholesale, if any, salaries, wages, and costs of
materials and supplies but excluding depreciation and principal of and interest on
the Bonds and any Parity Bonds or payments to the various funds established
herein; capital costs, depreciation and interest or principal payments are not
System expenses.
"Original Purchaser" shall mean the purchaser of the Bonds from
Issuer at the time of their original issuance.
"Outstanding Bonds" shall mean the Water Revenue Bonds dated
May 1 ,' 1999, issued in accordance with Resolution No. 99-144, adopted May 4,
1999, $9,060,000 of which bonds are still outstanding and unpaid and remain a
lien on the Net Revenues of the System.
"Parity Bonds" shall mean Water revenue bonds or notes payable
solely from the Net Revenues of the System on an equal basis with the Bonds
herein authorized to be issued, and shall include Additional Bonds as authorized
to be issued under the terms of this Resolution and the Outstanding Bonds.
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"Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Bonds as securities depository.
, "Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Bonds as the same shall become due.
"Permitted Investments" shall mean:
· direct obligations of (including obligations issued or held in
book entry form on the books of') the Department of the Treasury of the
United States of America;
· cash (insured at all times by the Federal Deposit Insurance
Corporation or otherwise collateralized with obligations described in the
above paragraph);
· obligations of any of the following federal agencies which
obligations represent full faith and credit of the United States of America,
including:
- Export - Import Bank
- Farm Credit System Financial Assistance Corporation
- USDA - Rural Development
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Government National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development
(PHA's)
- Federal Housing Administration
· repurchase agreements whose underlying collateral consists
of the investments set out above if the Issuer takes delivery of the collateral
either directly or through an authorized custodian. Repurchase agreements
do not include reverse repurchase agreements;
-5-
· senior debt obligations rated "AAA" by Standard & Poor's
Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's)
issued by the Federal National Mortgage Association or the Federal Home
Loan Mortgage Corporation;
· U.S. dollar denominated deposit accounts, federal funds_and
banker's acceptances with domestic commercial banks which have a rating
on their short-term certificates of deposit on the date of purchase of "A-1"
- or "A-l+" by S&P or "P-l" by Moody's and maturing no more than 360
days after the date of purchase (ratings on holding companies are not
considered as the rating of the bank);
· commercial paper which is rated at the time of purchase in
the single highest classifica. tion, "A-l+" by S&P or "P-l"_by Moody's and
which matures not more than 270 days after the date of purchase;
· investments in a money market fund rated "AAAm" or
"AAAm-G" or better by S&P;
· pre-refunded municipal obligations, defined as any bonds or
other obligations of any state of the United States of America or of any
agency, instrumentality or local governmental unit of any such state which
are not callable at the option of the obligor prior to maturity or as to which
irrevocable instructions have been given by the obligor to call on the date
specified in the notice; and (a) which are rated, based on an irrevocable
escrow account or fund (the "escrow"), in the highest rating category of
S&P or Moody's or any successors thereto; or (b)(i) which are fully secured
as to principal and interest and redemption premium, if any, by an escrow
consisting only of cash or direct obligations of the Department of the
Treasury of the United States of America, which escrow may be applied
.pnly to the payment of such principal of and interest and redemption
premium, if any, on such bonds or other obligations on the maturity date or
dates thereof or the specified redemption date or dates pursuant to such
irrevocable instructions, as appropriate; and (ii) which escrow is sufficient,
as verified by a nationally recognized independent certified public
accountant, to pay principal of and interest and redemption premium, if
any, on the bonds or other obligations described in this paragraph on the
maturity date or dates specified in the irrevocable instructions referred to
above, as appropriate;
-6-
· tax exempt bonds as defined and permitted by section 148 of
the Internal Revenue Code and applicable regulations and only if rated
within the two highest classifications as established by at least one of the
standard rating services approved by the superintendent of banking by rule
adopted pursuant to chapter 17A Code of Iowa;
· an investment contract rated within the two highest
classifications as established by at least one of the standard rating services
approved by the superintendent of banking by rule adopted pursuant to
chapter 17A Code of Iowa; and
· "Project Fund" or "Construction Account" shall mean the fund
required to be established by this Resolution for the deposit of the proceeds of the
Bonds.
"Registrar" shall mean the City Controller of Iowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Bonds. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Bonds.
"Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC.
"Reserve Fund Requirement" shall mean an amount equal to the
lesser of (a) the maximum annual amount of the principal and interest coming due
on the Bonds and Parity Bonds; (b) 10% of the stated principal amount of the
Bonds and Parity Bonds or (c) 125% of the average annual principal and interest
coming due on the Bonds and Parity Bonds. For purposes of this definition: (1)
"issue price" shall be substituted for "stated principal amount" for issues with
original issue discount or original issue premium of more than a de minimus
amount and (2) stated principal amount shall not include any portion of an issue
refunded or advance refunded by a subsequent issue.
"System" shall mean the Municipal Water Utility of the Issuer and
all properties of every nature hereinafier owned by the Issuer comprising part of or
used as a part of the System, including all improvements and extensions made by
Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and
personal property; and all appurtenances, contracts, leases, franchises and other
intangibles.
-7-
"Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Treasurer and delivered at the time of issuance and
delivery of the Bonds.
"Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect_to the~ recording
and payment of the Bonds issued hereunder.
"Yield Restricted" shall mean required to be invested at a yield that
is not materially higher than the yield on the Bonds under section 148(a) of the
Internal Revenue Code or regulations issued thereunder.
Section 2. Authority. The Bonds authorized by this Resolution shall be issued
pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with
all applicable provisions of the Constitution and laws of the State oflo',ira.
Section 3. Authorization and Purpose. There are hereby authorized to be issued,
negotiable, serial, fully registered Revenue Bonds of Iowa City, in the County of
Johnson, State of Iowa, Series 2000, in the aggregate amount of $13,000,000 for the
purpose of paying costs of extending, improving and equipping the water utility of the
City.
Section 4. Source of Payment. The Bonds herein authorized and Parity Bonds
and the interest thereon shall be payable solely and only out of the net earnings of the
System and shall be a first lien on the future Net Revenues of the System. The Bonds
shall not be general obligations of the Issuer nor shall they be payable in any manner by
taxation and the Issuer shall be in no manner liable by reason of the failure of the said
Net Revenues to be sufficient for the payment of the Bonds.
Section 5. Bond Details. Water Revenue Bonds of the City in the amount of
$13,000,000 shall be issued pursuant to the provisions of Section 384.83 of-the City
Code of Iowa 'for the aforesaid purpose. The Bonds shall be designated "WATER
REVENUE BOND, SERIES 2000", be dated December 1, 2000, and bear interest from
the date thereof, until payment thereof, at the office of the Paying Agent, said interest
payable on July 1,2001 and semiannually thereafter on the 1 st day of January and July in
each year until maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor
and attested by the manual or facsimile signature of the City Clerk, and impressed or
printed with the seal of the City and shall be fully registered as to both principal and
-8-
interest as provided in this Resolution; principal, interest and premium, if any shall be
payable at the office of the Paying Agent by mailing of a check to the registered owner of
the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said
Bonds shall mature and bear interest as follows:
Serial Bonds
Interest Principal Maturity
Rate Amount July Ist
5.000% $490,000 2001
5.000% 275,000 2002
5.000% 290,000 2003
5.000% .305,000 2004
5.000% 315,000 2605
5.000% 330,000 2006
5.000% 350,000 2007
5.000% 365,000 2008
5.000% 385,000 2009
5.000% 400,000 2010'
5.000% 420,000 2011
5.125% 445,000 2012
5.150% 470,000 2013
5.200% 495,000 2014
5.300% 520,000 2015
5.375% 550,000 2016
5.400% 580,000 2017
5.450% 615,000 2018
-9-
Term Bonds
Term Bonds. Bonds in the aggregate principal amount of $1,330,000 shall be
issued as Term Bonds due July 1, 2020, and shall bear interest at 5.50%, payable on
July 1,2001, and semi-annually thereafter on the first day of January and July in each
year until maturity, and shall be subject to mandatory redemption and payment at par and
accrued interest in the principal amounts in each of the years set forth as follows:
Principal Amount of Date of Redemption
Mandatory Redemption (July lst)
$645,000 2019
$685,000 2020 *
*Final Maturity.
Bonds in the aggregate principal amount of $4,070,000 shall be issued as Term
Bonds due July 1, 2025, and shall bear interest at 5.625%, payable on July 1, 2001, and
semi-annually thereafter on the first day of January and July in each year until maturity,
and shall be subject to mandatory redemption and payment at par and accrued interest in
the principal amounts in each of the years set forth as follows:
Principal Amount of Date of Redemption
Mandatory Redemption (July lst)
$725,000 2021
$765,000 2022
$810,000 2023
$860,000 2024
$910,000 2025 *
*Final Maturity
Section 6. Redemption. Bonds maturing after July 1, 2009, may be called for
redemption by the Issuer and paid before maturity on said date or any date thereafter, from
any funds regardless of source, in whole or from time to time in part, in any order of
-10-
maturity dnd within an annual maturity by lot. The terms of redemption shall be par, plus
accrued interest to date of call.
Thirty days' notice of redemption shall be given by ordinary mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All Bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the
Bonds to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of Bonds to be called has been reached.
Section 7. Issuance of Bonds in Book-Entry Form: Replacement Bonds.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in the Authorized Denominations,
the Bonds shall be issued as Depository Bonds in denominations of the entire principal
amount of each maturity of Bonds (or, if a portion of said principal mount is prepaid,
said principal amount less the prepaid amount); and such Depository Bonds shall be
registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual
interest for any Depository Bond shall be made by wire transfer or New York Clearing
House or equivalent next day funds to the account of Cede & Co. on the interest payment
date for the Bonds at the address indicated in or pursuant to the Representation Letter.
(b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall haye any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership interest
in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other
person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the
payment to any Participant, any Beneficial Owner or any other person, other than DTC or
its nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
-11-
Th~ Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Bond for the purpose of payment of the
principal of, premium, if any, and interest on such Bond, for the purpose of all other
matters with respect to such Bond, for the purpose of registering transfers with respect to
such Bonds, and for all other purposes whatsoever (except for the giving of certain
Bondholder consents, in accordance with the practices and procedures of DTC as may be
applicable thereto). The Paying Agent shall pay all principal of, bremium, if any, and
interest on the Bonds only to or upon the order of the Bondholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Bonds to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as
long as the Bonds are Depository Bonds, full effect shall be given to the Representation
Letter and the procedures and practices otDTC thereunder, and the Payihg Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out
its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Bonds are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Bonds, the Issuer
shall (A) designate a satisfactory substitute depository as set forth below or, if a
satisfactory substitute is not found, (B)provide for the exchange of Depository Bonds for
replacement Bonds in Authorized Denominations.
(d) If the Issuer determines to provide for the exchange of Depository Bonds for
Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall
provide the Registrar with a supply of executed unauthenticated Bonds to be so
exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for
such exchange, and to the extent that the Beneficial Owners are designated as the
transferee by the owners, the Bonds will be delivered in appropriate form, content and
Authorized Dehominations to the Beneficial Owners, as their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended.
The substitute depository shall provide for (i) immobilization of the Depository Bonds,
(ii) registration and transfer of interests in Depository Bonds by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if any,
-12-
and intereit' on the Bonds in accordance with and as such interests may appear with
respect to such book entries.
Section 8. Registration of Bonds: Appointment of Registrar: Transfer: Ownership:
Delivery: and Cancellation.
(a) Registration. Thai ownership of Bonds may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership of the Bonds, and in no other way. The City Controller is hereby
appointed as Bond Registrar under the terms of this Resolution. Registrar shall
maintain the books of the Issuer for the registration of ownership of the Bonds for
the payment of principal of and interest on the Bonds as provided in this
Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform
Commercial Code and Section 384..83(5) of the Code of Iowa, subject to the
provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is to
be made in the name of multiple individuals, of all such transferees). In the event
that the address of the registered owner of a Bond (other than a registered owner
which is the nominee of the broker or dealer in question) is that of a broker or
dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
Bond, a new fully registered Bond, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unrnatured
and unredeemed principal amount of such transferred fully registeredBond, and
bearing'tinterest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the
Bonds, the Registrar shall register, at the earliest practicable time, on the
Registration Books, the Bonds, in accordance with the provisions of this
Resolution.
-13-
(d) Ownership. As to any Bond, the person in whose name the ownership
of the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Bonds and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such~payrn_ents shall be valid and effectual
to satisfy and discharge the liability upon such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be
reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by
the Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non-Presentment of Bonds. In the event any payment check
representing payment of principal of or interest on the Bonds is returned to the
Paying Agent or is not presented for payment of principal at the maturity or
redemption date, if funds sufficient to pay such principal of or interest on Bonds
shall have been made available to the Paying Agent for the benefit of the owner
thereof, all liability of the Issuer to the owner thereof for such interest or payment
of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Paying Agent to hold such funds, without
liability for interest thereon, for the benefit of the owner of such Bonds who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature
on his part under this Resolution or on, or with respect to, such interest or Bonds.
The Paying Agent's obligation to hold such funds shall continue for a period equal
to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the Paying Agent, shall surrender any remaining funds so
held to the Issuer, whereupon any claim under this Resolution by the Owners of
such interest or Bonds of whatever nature shall be made upon the Issuer.
Section 9. Reissuance of Mutilated, Destroyed. Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Bond of like tenor and amount as
the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost
-14-
and proof'of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
or its agent may prescribe and paying such expenses as the Issuer may incur in connection
therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the
adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to
the Registrar, who shall authenticate the Bonds and deliver the same to 6r upon order of
the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be
entitled to any right or benefit hereunder unless the Registrar shall duly endorse and
execute on such Bond a Certificate of Authentication substantially in the form of the
Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the
Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued
under this Resolution and that the holder thereof is entitled to the benefits of this
Resolution.
Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered Bondholder.
-15-
SeCtion 13. Form of Bond. Bonds shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
I {6>- I I c6> I
(1)
(9)
l (ga) I
(10)
(Continued on the back of this Bond)
I (11)(12)(13) I I (14) I I' (15) I
FIGURE 1
(Front)
-16-
(10) (16)
(Continued)
FIGURE 2
(Back)
-17-
Th~ text of the Bonds to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"WATER'REVjiNUE BOND"
"SERIES 2000"
Item 2, figure 1= Rate:
Item 3, figure 1= Maturity:
Item 4, figure 1= Bond Date: December 1, 2000
Item 5, figure 1= Cusip No.:
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate Nd.
Item 8, figure 1= Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter
provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of (principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office of the City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable on
July 1,2001, and semiannually thereafter on the 1 st day of January and July in each year.
Interest and principal shall be paid to the registered holder of the Bond as shown
on the records of ownership maintained by the Registrar as of the 15th day preceding such
interest payment date. Interest shall be computed on the basis of a 360-day year of twelve
30-day months.
This Bond is issued pursuant to the provisions of Section 384.83 of the City Code
of Iowa, as amended, for the purpose of paying costs of extending, improving and
-18-
equipping the water utility of the City, in conformity to a Resolution of the Council of
said City duly passed and approved.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company CDTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested b~f an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other entity as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Bonds maturing after July 1, 2009, may be called for redemption by the Issuer and
paid before maturity on said date or any date thereafter, from any funds regardless of
source, in whole. or from time to time in part, in any order of maturity and within an annual
maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by ordinary mail to the registered
owner of the Bond. Failure to give such notice by mail to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All Bonds or portions thereof called for redemption will cease
to bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
Term Bonds maturing on July 1, 2020 are subject to mandatory redemption and
payment at par and accrued interest, in the principal amounts set forth in the Bond
Resolution, on July 1st of the years 2019 and 2020.
Term Bonds maturing on July 1, 2025 are subject to mandatory redemption and
payment at par,and accrued interest, in the principal amounts set forth in the Bond
Resolution, on July 1 st of the years 2021 through 2025.
If selection by lot within a maturity is required, the Registrar shall designate the
Bonds to be redeemed by random selection of the names of the registered owners of the
entire annual maturity until the total amount of Bonds to be called has been reached.
Ownership of this Bond may be transferred only by transfer upon the books kept
for such purpose by the City Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this Bond at the office of the Registrar as
-19-
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attomey in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered bondholders of such change. All Bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section
384.83(5) of the Code of Iowa, _subje_ct to the provisions for registration and transfer
contained in the Bond Resolution.
This Bond and the series of which it forms a part, other bonds ranking on a parity
therewith, and any additional bonds or notes which may be hereafter issued and
outstanding from time to time on a parity with said Bonds, as provided in the Bond
Resolution of which notice is hereby given and is hereby made a part hereof, are payable
from and secured by a pledge of the Net Revenues of the Municipal Water Utility (the
"System"), as defined and provided in said Resolution. There has heretofore been
established and the City covenants and agrees that it will maintain just ahd equitable rates
or charges for the use of and service rendered by said System in each year for the payment
of the proper and reasonable expenses of operation and maintenance of said System and
for the establishment of a sufficient sinking fund to meet the principal of and interest on
this series of Bonds, and other bonds ranking on a parity therewith, as the same become
due. This Bond is not payable in any manner by taxation and under no circumstances
shall the City be in any manner liable by reason of the failure of said net earnings to be
sufficient for the payment hereof.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Bond, have been
existent, had, done and performed as required by law.
IN TESTIMONY WHEREOF, said City by its City Council has caused this Bond
to be signed by the manual signature of its Mayor and attested by the manual signature of
its Clerk, with ~he seal of said City impressed hereon, and authenticated by the manual
signature of an authorized representative of the Registrar, the City Controller, Iowa City,
Iowa.
Item 11, figure 1 = Date ofauthentication:
Item 12, figure 1 = This is one of the Bonds described in the within mentioned
Resolution, as registered by the City Controller.
-20-
CITY CONTROLLER, Registrar
By:
Authorized Signature
_Item 13, figure 1 = Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF IOWA CITY, IOWA
By: Mayor's 'manual signature
Mayor
ATTEST:
By: City Clerk's manual signature
City Clerk
Item 16, figure 2 = [Statement of Insurance]
Item 17, figure 2 -- [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. )
the within Bond and does hereby irrevocably constitute and appoint attorney in
-21-
fact to trafisfer the said Bond on the books kept for registration of the within Bond, with
full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED )
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written
upon the face of the certificate(s) or bond(s) in every particular without
alteration or enlargement or any change whatever. Signature guarantee
must be provided in accordance with the prevailing standards and
procedures of the Registrar and Transfer Agent. Such standards and
procedures may require signature to be guaranteed by certain eligible
guarantor institutions that participate in a recognized signature guarantee
program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security, or Tax Identification
Number'of Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the Bond is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
-22-
Th~ following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN as joint tenants with right of survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT - . ......... Custodian ..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act ................
(State)
ADDITIONAL ABBREVIATIONS MAY ALSO BE
USED THOUGH NOT IN THE ABOVE LIST
Section 14. Equality of Lien. The timely payment of principal of and interest on
the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of
the System without priority by reason of number or time of sale or delivery; and the Net
Revenues of the System are hereby irrevocably pledged to the timely payment of both
principal and interest as the same become due.
Section 15. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds
shall be applied as follows:
· An amount equal to accrued interest shall be deposited in the Sinking Fund for
application to the first payment of interest on the Bonds.
· An amount sufficient to meet the Reserve Fund Requirement shall be'deposited in
the Reserve Fund.
· The balance of the proceeds shall be deposited to the Project Fund and expended
therefrom for the purposes of issuance.
Any amounts on hand in the Project Fund shall be available for the payment of the
principal of or interest on the Bonds at any time that other funds of the System shall be
insufficient to the purpose, in which event such funds shall be repaid to the Project Fund
at the earliest opportunity. Any balance on hand in the Project Fund and not immediately
-23 -
Th~ following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN as joint tenants with right of survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT - . ......... Custodian ..........
(Gust) (Minor)
under Iowa Uniform Transfers
to Minors Act ................
(State)
ADDITIONAL ABBREVIATIONS MAY ALSO BE
USED THOUGH NOT IN THE ABOVE LIST
Section 14. Equali.ty of Lien. The timely payment of principal of and interest on
the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of
the System without priority by reason of number or time of sale or delivery; and the Net
Revenues of the System are hereby irrevocably pledged to the timely payment of both
principal and interest as the same become due.
Section 15. Application of Bond Proceeds - Project Fund. Proceeds of the Bonds
shall be applied as follows:
· An amount equal to accrued interest shall be deposited in the Sinking Fund for
application to the first payment of interest on the Bonds.
· An amo,unt sufficient to meet the Reserve Fund Requirement shall be 'deposited in
the Reserve Fund.
· The balance of the proceeds shall be deposited to the Project Fund and expended
therefrom for the purposes of issuance.
Any amounts on hand in the Project Fund shall be available for the payment of the
principal of or interest on the Bonds at any time that other funds of the System shall be
insufficient to the purpose, in which event such funds shall be repaid to the Project Fund
at the earliest opportunity. Any balance on hand in the Project Fund and not immediately
-23 -
required for its purposes may be invested not inconsistent with limitations provided by
law, the Internal Revenue Code and this Resolution. Any excess proceeds remaining on
hand aRer completion of the purpose of issuance shall be paid into the Improvement Fund
to the maximum required amounts and any remaining amounts shall be used to call or
otherwise retire Bonds.
Section 16. User Rates. There has heretofore been established and published as
required by law, just and equitable rates or charges for the use of the service rendered by
the System. Said rates or charges to be paid by the owner of each and every lot, parcel of
real estate, or building that is connected with and uses the System, by or through any part
of the System or that in any way uses or is served by the System.
Any revenues paid and collected for the use of the System and its services by the
Issuer or any department, agency or instin. mentality of the Issuer shall be used and
accounted for in the same manner as any other revenues derived from the operations of
the System.
Section 17. Application of Revenues. From and after the delivery of any Bonds,
and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as
to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding
shall have been discharged and satisfied in the manner provided in this Resolution, the
entire income and revenues of the System shall be deposited as collected in a fund to be
known as the Water Revenue Fund (the "Revenue Fund"), and shall be disbursed only as
follows:
The provisions in the Resolution heretofore adopted on May 4, 1999, whereby
there was created and is to be maintained a Water Utility Revenue Bond and Interest
Sinking Fund, and for the monthly payment into said fund from the future Net Revenues
of the System such portion thereof as will be sufficient to meet the principal and interest
of the Outstanding Bonds, and maintaining a reserve therefor, are hereby ratified and
confirmed, and, all such provisions inure to and constitute the security for the' payment of
the principal and interest on the Bonds hereby authorized to be issued; provided, however,
that the amounts to be set aside and paid into the Water Utility Revenue Bond and Interest
Sinking Fund in equal monthly installments from the earnings shall be sufficient to pay
the principal and interest due each year, not only on the Outstanding Bonds, but also the
principal and interest of the Bonds herein authorized to be issued and to maintain a
reserve therefor. Sections 16 through 30, inclusive, of the Resolution dated May 4, 1999
are hereby ratified, confirmed, adopted and incorporated herein as a part of this
Resolution. Provided that the Water Improvement Fund balance provided in Section
-24 -
16(d) of siid Resolution dated May 4, 1999, shall be increased from $300,000 to
$450,000.
Effective upon payment or defeasance of the Outstanding Bonds, Section 17 of the
Resolution dated May 4, 1999, shall be amended to read as follows:
"Section 17. Investments. Moneys on hand in the Project Fund and all of
the funds provided by this Resolution may be invested only in Permitted
Investments or deposited in financial institutions which are members of the
Federal Deposit Insurance Corporation, or its equivalent successor, and the
deposits in which are insured thereby and all such deposits exceeding the
maximum amount insured from time to time by FDIC or its equivalent
successor in any one financial institution shall be continuously secured in
compliance with the State Sinking .Fund provided under Chapter 12C of the
Code of Iowa, 1999, as amended or otherwise by a valid pledge of direct
obligations of the United States Government having an equivalent market
value. All such interim investments shall mature before the date on which
the moneys are required for the purposes for which said fund was created or
othersvise as herein provided but in no event maturing in more than three
years in the case of the Reserve Fund. The provisions of this Section shall
not be construed to require the Issuer to maintain separate bank accounts for
the funds created by this Section; except the Sinking Fund and the Reserve
Fund shall be maintained in a separate account but may be invested in
conjunction with other funds of the City but designated as a trust fund on
the books and records of the City.
All income derived from such investments shall be deposited in the
Revenue Fund and shall be regarded as revenues of the System except
eamings on investments of the Project Fund shall be deposited in and
expended from the Project Fund. Investments shall at any time necessary be
liquidated and the proceeds thereof applied to the purpose for which the
respectikze fund was created."
Nothing in this Resolution shall be construed to impair the rights vested in the
Outstanding Bonds. The amounts herein required to be paid into the various funds named
in this Section shall be inclusive of payments required in respect to the Outstanding
Bonds. The provisions of the legislation authorizing the Outstanding Bonds and the
provisions of this Resolution are to be construed wherever possible so that the same will
not be in conflict. In the event such construction is not possible, the provisions of the
resolution first adopted shall prevail until such time as the bonds authorized by said
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equipping the water utility of the City, in conformity to a Resolytion of the Council of
said City duly passed and approved.
Unless this certificate is presented by an authorized of The
· , ' ' to the Issuer or its
registered in t~ name of Cede & Co. or such other namerequested by an authorized
representative E)TC (and any payment is made to & Co. or to such other entity as
is requested by representative of DTC), TRANSFER, PLEDGE OR
OTHER USE FOR VALE ~E BY OR TO ANY PERSON IS
WRONGFUL inasm as the registered owner f, Cede & Co., has an interest
herein.
Bonds maturing July 1, 2009, may called for redemption by the Issuer and
paid before maturity on or any date from any funds regardless of
source, in whole or from timetime in part,any order of maturity and within an annual
maturity by lot. The terms be par, plus accrued interest to date of call.
Thirty days' notice be given by ordinary mail to the registered
owner of the Bond. Failure to give by mail to any registered owner of the
Bonds or any defect therein shall notct the validity of any proceedings for the
redemption of the Bonds. All Bonds ~ortions thereof called for redemption will cease
to bear interest after the specifiedion date, provided funds for their redemption are
on deposit at the place of payment.
Term Bonds maturing on 1, __ subject to mandatory redemption and
payment at par and accrued st, in the amounts set forth in the Bond
Resolution, on July 1 st of the__ and __
Term Bonds maturin July 1, __ are ect to mandatory redemption and
payment at par and accrued in the principal set forth in the Bond
Resolution, on July 1 st of lyears __ and __
If selection by lot a maturity is required,Registrar shall designate the
Bonds to be redeemed random selection of the names registered owners of the
entire annual maturity the total amount of Bonds to called has been reached.
Ownership
ot Bond may be transferred only by ansfer upon the books kept
for such purpose ~t City Controller, the Registrar. Such ransfer on the books shall
occur only upon I, sentation and surrender ~f9this Bond at ce of the Registrar as
interest as provided in this Resolution; principal, interest and premium, if any shall be
payable at the office of the Paying Agent by mailing of a check to the registered owner of
the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereoK Said
Bonds shall mature and bear interest as follows:
Interest Principal
Rate Amount
.\, $490,000
275,000 2002
290,000 2003
~ 305,000 2004
315,000 2005
,.. 330,000 2006
' 350,000 2007
,,.365,000 2008
\~ 385,000 2009
400,000 2010
420,000 2011
2012
~0 2013
49 30 2014
52, ,0 2015
5 2016
2017
15,000 2018
645,000 2019
685,000 2020
725,000 2021
765,000 2022
810,000 2023
860,000 2024
025
910,000
-9-
Term Bonds. Bonds in the aggregate principal amount of $ shall
be issued as Term Bonds due July 1, , and shall bear interest at %,
payable on July 1, , and semi-annually thereafter on the first~ofJanuary and
July in each year until maturity, and shall be subject to mandatory recand
payment at par and accrued interest in the principal amounts infithe years set forth
as follows:
Principal Amount of Date
Mandatory Redemption (July
*Final Maturity
Bonds in the aggregate amount o shall be issued as Term
Bonds due July 1, , and bear %, payable on July 1, __.,
and semi-annually thereafter on the muary and July in each year until
maturity, and shall be subject to mand~ and payment at par and accrued
interest in the principal amounts in each years set forth as follows:
Principal Amount of Date of Redemption
Mandatory Redemption (July lst)
*Final Maturity
Section 6. Redemption. maturing after July 1, . may be called for
redemption by the Issuer and paid
~efore maturity on said date or a y date thereafter, from
any funds regardless of source, in Ior from time to time in p , ' order of
City of Iowa City
MEMORANDUM
Date: November 13, 2000
To: Director, Department of Public Works
Director, Department of Housing and Inspection Services
Director, Department of Planning and Community Development
From: City Manager
Re: Solid Waste Advisory Committee
At the City Council's work session of Monday, November 6, I received authorization to proceed with the
creation of a Solid Waste Management Advisory Committee made up of representatives of various city
departments. The following represents the various public service/areas of interest that I would like to see
represented on the Solid Waste Management Advisory Committee. They are as follows: landfill
operations, waste collection, landfill management, landfill engineering, sensitive areas administration,
JCCOG solid waste planning, housing and inspection services.
The purpose of this committee will be to review solid waste management policies programs and any other
procedures related to the city's involvement in or possible future sponsorship of solid waste management
programs. A formal agenda will be developed and presented to the committee. I would expect some of
the following issues to be addressed by the committee.
1. Downtown recycling by businesses
2. Downtown recycling by apartments
3. Downtown alley clean-up
4. Expansion of recycling to apartments and mobile homes
5. Education and promotion of recycling
I would request that you each consider the respective area of interest that affects your department and
please provide me with some names of individuals who you recommend serving on this committee. At the
very least I would expect Brad Neumann of our JCCOG Solid Waste Management staff to serve as the
staff person for this committee. I would expect the Committee to meet at least monthly with staff work
directed to Brad.
I am looking forward to an extensive review, notably of our recycling policies and procedures as well as
the committee proposing new initiatives as they feel appropriate.
cc: City Council
mgr\memos\swaddviscom .doc
t t -2t
16
Prepared by: Brad Neumann, Solid Waste Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5235
RESOLUTION NO. 00-396
RESOLUTION REPEALING THE RESOLUTION ESTABLISHING THE IOWA
CITY SOLID WASTE ADVISORY COMMISION.
WHEREAS, the City Council of the City of Iowa City adopted a resolution establishing the Iowa
City Solid Waste Advisory Commission on July 18, 2000; and,
WHEREAS, filling the Commission's membership positions has been difficult; and,
WHEREAS, at their November 6, 2000 work session the City Council decided that the Solid
Waste Advisory Commission should be dissolved and a staff committee should be formed to
deal with solid waste issues; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that Resolution No. 00-248 establishing the Iowa City Solid Waste Advisory
Commission is hereby revoked, repealed, and rescinded.
Passed and approved this 21st day of November ,2000.
MAYOR
rove
ATTEST:C L: , ERK' //-/3"'- O O
City Attorney's Office
It was moved by Champ~ on and seconded by Vanderhoef 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
jccogswVes~swadvisory.doc
Janelie Rettig
3013 Cornell Ave
Iowa City, IA 52245
319/338-0999 ph/fax
j rettigl 11 ~aoi.com
To: Iowa City City Council
From: Janelie Rettig
RE: Ideas about the Solid Waste Advisory Commission and
Comments about Advertising Boards and Commissions
Date: November 21, 2000
· Solid Waste Advisory Commission
Although until recently there have not been very many people who have applied to this commission, I
believe citizens of Iowa City are in general interested in recycling and thus solid waste issues. Your
reasons for forming this commission still exist. In recycling for example I believe the City should be
looking into promoting the recycling options that currently exist; looking at creating new recycling
options; encouraging recycling in the apartment complexes; encouraging more recycling in businesses;
and looking at new markets to sell the recycled material. (I am aware of some issues surrounding the
land fill tipping fees and some waste being shipped out-of-state. Although I am not as well informed on
solid waste issues, I'm interested in learning more about these issues.)
You have the option to dissolve the Commission tonight. Your stated reason was a lack of applicants.
As you may or may not be aware that situation no longer exists. In the past two days more applicants
have applied. If you decide to repeal the Solid Waste Advisory Commission, I would like to make
two possible suggestions as a way to proceed and keep citizens involved.
(1) Advertise and appoint a citizen committee with finite goals and a finite time-line to present
findings to Council. I believe a committee of diverse backgrounds could investigate and make
recommendations to Council in a matter of months, not years. I think the committee should be
diverse including business owners, apartment property owners and dwellers, people in the
recycling business, and other citizens.
(2) Proceed with your proposal to appoint a staff advisory committee, but modify that
recommendation by appointing some citizens.
In general, I believe citizen involvement is important but it is particularly important when you look at
changes in City services and voluntary citizen involvement such as recycling. I hope the Council will
consider looking further into this situation and find a way to involve citizens from the beginning.
· Advertising Commission Openings
The experience of applying for a Commission, one where I remained the only applicant for some time,
has made me think about the process of informing interested citizens of Commission openings. As you
probably know, many citizens are not actively involved or informed of City Council business. They
may not attend or watch meetings, read the minutes, or see the agendas. I believe the City should
reach out in other methods to advertise commission openings. Examples: e-mail notification of
openings, more press releases, paid advertising, soliciting the help of area organizations with e-mail or
print newsletters, etc.
I believe more people didn't apply to this commission before the recent round of press for one of two
reasons:
(1) They didn't know about it. The City's current method of advertising failed.
(2) It was a new commission and people didn't understand what the possibilities were in
objectives. A commission named Solid Waste doesn't seem to be very exciting. Perhaps
including the word "recycling" in the title would have helped that situation.
Thank you for appointing me to this Commission and for considering the options to keep the project
going in some way with citizen involvement. I appreciate your willingness to serve on City Council
and listen to my concerns.
Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 00-397
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY AND THE
AFSCME AND ADMINISTRATIVE PAY PLANS BY DELETING THE POSITION OF
MAINTENANCE WORKER III - LIBRARY AND ADDING THE POSITION OF LIBRARY
BUILDING MANAGER.
WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999, established
a classification/compensation plan for AFSCME employees; and
WHEREAS, the Library has changed from contracting out general maintenance and cleaning
services and hired three people (2.25 FTE) to perform work previously done by contract
cleaners; and
WHEREAS, these people are hired, directly supervised, evaluated and disciplined by a staff
person who previously did not perform these tasks; and
WHEREAS, it is necessary to appropriately classify the position now responsible for these
management tasks,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The budgeted positions in the Library be amended by:
a. The deletion of one full-time Maintenance Worker III - Library.
b. The addition of one full-time Library Building Manager.
2. The AFSCME pay plan be amended by the deletion of the position of Maintenance
Worker Ill-Library.
3. The Administrative pay plan be amended by the addition of the position of Library Building
Manager, p~y grade 25,
Passed and approved this 21st day of NovPmh~r ,20 00
A ov~_d~by
C A /. d/cDC~
humanrel/res~ibraryjobs.doc
11 ~12;00
DATE: November 15, 2000 ~ C~t]/0~~
TO: Steve Atkins, City Manager Fd~~ C
FROM: Daniel Scott, Sr. Civil Engineer~r~
re: Landfill Monitoring Seaices Contracts with HR Green Consultants
In accordance with State and Federal regulations, the Iowa City Sanitary Landfill must
continuously monitor, analyze and report air and water quality at and surrounding the
landfill site to the Iowa Department of Natural Resources (IDNR). In addition to this, the
leachate and gas collection systems performance must also be monitored and reported
to the IDNR as well.
Historically this work effort has been performed by specialized engineering consultants.
This allows a balance of work to be accomplished by both City staff and the consulting
firm. This is the approach Public Works has chosen to perform the sampling only and
not the reporting at this time.
With regard to the ground water contract with HR Green Consultants attached, they will
perform the statistical analysis of the data and the report preparation and submittals.
City staff will take the samples and perform the lab data to be provided to the
consultant. This contract also includes the reporting of the leachate collection system
performance.
With regard to the gas system monitoring contract with HR Green Consultants attached,
they will perform all of the work necessary to operate, monitor, sample, analyze and
report on the performance of the system. The consultant will be performing this entire
work effort because this is a newly constructed system and the landfill staff have no
experience with this type of system yet. This is one of the first new gas collection
systems to be installed in the State of Iowa.
Included in both of these contracts are provisions for training the landfill staff to take
over the entire monitoring and reporting work effort in the future. After the proposed
three year contracts, the City has the option of performing the work completely in-house.
Cc: Chuck Schmadeke, Public Works Director
Rick Fosse, City Engineer
Dave Elias, Landfill Superintendent
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009
I11-07-0~
18
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-398
RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING
ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE IOWA CITY SANITARY LANDFILL.
WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and
WHEREAS, professional engineering services are required to operate and monitor the
groundwater and surface water and prepare necessary quarterly, semi-annual, and annual water
quality reports in accordance with state and federal regulations; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company
Consulting Engineers for the Provision of Engineering Services, attached hereto and made a
part hereof, is in the public interest, and hereby approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for
and on behalf of the City of Iowa City, Iowa.
Passed and approved this 21st day of November ,2000.
MAYOR
ATTEST: ~" //_ p, -~2 b
City Attorney's Office
PwengVes~iland~ll7.doc
Resolution No. 00-398
Page 2
It was moved by 0"Donnel 1 and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of November ,
2000 , by and between the City of Iowa City, a municipal corporation, hereina~er referred to
as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereina~er referred to
as the CONSULTANT.
WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to
provide assistance in the implementation of the Hydrologic Monitoring System Plan and in the
completion of routine annual services in order to remain in compliance with the Iowa Department of
Natural Resources (IDNR) Landfill Permit requirements.
NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract
with the CONSULTANT to provide services as set forth herein.
I. SCOPE OF SERVICES
The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely
and satisfactory manner.
GROUNDWATER AND SURFACE WATER MONITORING
2001 ONLY
The CONSULTANT will perform the following services:
Complete the quarterly, semi-annual or annual sampling of thirty-four (34) landfill groundwater
monitoring wells and six (6) surface monitoring points in accordance with the requirements of
Special Provisions item No. 7 of Iowa City's Sanitary Landfill Operating Permit (No. 52-SDP-1-
72P), as amended on August 5, 1999. The monitoring wells and surface monitoring points to be
included are:
Upgradient wells numbers: MW-1E, MW-13B, MW-17C and MW-18D1.
Downgradient wells numbers: MW-1A, MW-1 B, MW-2A-97, MW-2C-97, MW-2E-97, MW-
5B, MW-6B, MW-TB1, MW-7C, MW-7E, MW-BB,MW-11B, MW-11C, MW-flD, MW-11E,
MW-12B! MW-12D, MW-14B, MW-15A, MW-16A, MW-17A-00, MW-17D, MW-17E, MW-
18C, MW-23A, MW-23D, MW-24A, MW-25A-00, MW-25C and MW-29A.
Surface monitoring points: NT-1, SW-1, SW-2, SW-3, WT-1, and ST-1.
In conjunction with the sampling effort, the CONSULTANT will complete necessary field
sampling logs and will containerize, label, prepare for shipment and deliver all samples to the
City of Iowa City Water Pollution Control Plant laboratory, or the TestAmerica, Inc. laboratory in
Cedar Falls, Iowa, as directed.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 1 of 11
Howard R. Green Company
CONSULTING ENGINEERS
The CITY will be responsible for all costs associated with laboratory analyses of groundwater
and surface water samples. Test results will be submitted to CONSULTANT within 30 days of
field sampling to enable CONSULTANT to meet IDNR reporting requirements.
Groundwater levels will also be measured and recorded quarterly for wells MW-4A, MW-9A and
MW-10B. These results will be reported annually to IDNR as part of the AWQR.
Training of City staff relative to sampling of the landfill groundwater monitoring wells and surface
water points will be provided. Included will be:
1) Review and discussion with City staff of the IDNR regulations pertaining to sampling,
laboratory analysis, reporting and recordkeeping, to include a review and discussion of the
sampling and reporting requirements of the City's Sanitary LandfillOperating Permit (No. 52-
SDP-1-72P), as amended on August 5, 1999.
2) Review and discussion with City staff of the 1999 Annual Water Quality Report (AWQR) and
related historical data for the Iowa City Sanitary Landfill.
3) Review and discussion with City staff of the Revised Hydrologic System Monitoring Plan
(Revised June 11, 1999).
4) Provide on-site sampling instructions to City staff for the spring, summer and fall 2001
sampling events, to include measurement of static groundwater level, purging of monitoring
wells, sample container preparation and labeling, procuring and field filtering of samples,
containerization and preparation of samples for shipment to the laboratory, and completion
of necessary field sampling logs and records.
GROUNDWATER AND SURFACE WATER MONITORING
in 2002 and 2003 - OPTIONAL
The CONSULTANT will perform the following services:
Complete the quarterly, semi-annual or annual sampling of thirty-four (34) landfill groundwater
monitoring wells and six (6) surface monitoring points in accordance with the requirements of
Special Provisions item No. 7 of Iowa City's Sanitary Landfill Operating Permit (No. 52-SDP-1-
72P), as amended on August 5, 1999. The monitoring wells and surface monitoring points to be
included are:
Upgradient wells numbers: MW-1E, MW-13B, MW-17C and MW-18D1.
Downgradient wells numbers: MW-1A, MW-1 B, MW-2A-97, MW-2C-97, MW-2E-97, MW-
5B, MW-6B, MW-7B1, MW-7C, MW-7E, MW-BB, MW-11B, MW-11C, MW-11D, MW-11E,
MW-12B, MW-12D, MW-14B, MW-15A, MW-16A, MW-17A-00, MW-17D, MW-17E, MW-
18C, MW-23A, MW-23D, MW-24A, MW-25A-00, MW-25C and MW-29A.
Surface monitoring points: NT-1, SW-1, SW-2, SW-3, WT-1, and ST-1.
O:\PROJ',723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 2 of 11
Howard R. Green Company
CONSULTING ENGINEERS
In conjunction with the sampling effort, the CONSULTANT will complete necessary field
sampling logs and will containerize, label, prepare for shipment and deliver all samples to the
City of Iowa City Water Pollution Control Plant laboratory, or the TestAmerica, Inc. laboratory in
Cedar Falls, Iowa, as directed.
Groundwater levels will also be measured and recorded quarterlyfor wells MW-4A, MW-9A and
MW-10B. These results will be reported annually to IDNR as part of the AWQR.
The CITY will be responsible for all costs associated with laboratory analyses of groundwater
and surface water samples. Test results will be submitted to CONSULTANT within 30 days of
field sampling to enable CONSULTANT to meet IDNR reporting requirements.
GROUNDWATER AND SURFACE WATER MONITORING REPORTING
- 2001, 2002 and 2003
The CONSULTANT will perform the following services:
Following completion of each quarterly, semi-annual or annual sampling event, the
CONSULTANT will review the analytical data and field measurements from each such sampling
event and discuss with landfill representatives any findings that may negatively impact the
landfill operation, and prepare a report within the required time discussing the latest results.
This report will be submitted with the required IDNR forms to the IDNR office in Des Moines and
the IDNR field office No. 6 in Washington, Iowa.
ANNUAL WATER QUALITY REPORTS
- 2001, 2002, and 2003
The CONSULTANT will perform the following services:
Prepare an Annual Water Quality Report (AWQR) in November of each year that contains all
sampling and testing data collected and approved for this site through Novemberof that year,
that provides documentation of the statistical procedures utilized in the evaluation, and that will
conform to the standards of [567] Iowa Administrative Code, Chapter 103.2(6) and (8).
All results will be summarized in text form, with conclusions and recommendations. The actual
statistical an. alyses output, including graphics and a digital output will be presented in an
appendices.' The completed report will be reviewed and discussed with CITY staff.
The AWQRs will also address the requirements of the Monitoring Well Performance
Reevaluation and Maintenance program, and will discuss monitoring well depths and monthly
water levels.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 3 of 11
Howard R. Green Company
CONSULTING ENGINEERS
ANNUAL LEACHATE CONTROL SYSTEM PERFORMANCE
EVALUATION REPORT in 2001, 2002, and 2003
The CONSULTANT will perform the following services:
Prepare a Leachate Control System Performance Evaluation (LCSPE) Report each year that
summarizes all activities related to the leachate control system. The report will address the amount
of leachate extracted, trends in leachate levels within the landfill compared to precipitation and
trends in contamination in some monitoring wells.
If cleanout of the leachate collection system becomes necessary, this report will describe the
methods and results of the cleanout efforts.
SEMI-ANNUAL LANDFILL INSPECTION AND REPORTING
in 2001, 2002, and 2003
The CONSULTANT will perform the following services:
Inspect the landfill and prepare a report during Spring and Fall of each year, for submittal to the
IDNR office in Des Moines and the IDNR field office No. 6 in Washington, Iowa. The report will
describe in detail the site's conformance or nonconformance with the 'permit and the approved
plans and specifications.
MONITORING WELL SLUG AND BAIL TESTING
- 2002 ONLY
As part of the monitoring well maintenance program, all wells in the groundwater monitoring
system must be evaluated for their permeability every five years. The results must be reported
to IDNR, either as a separate report or as part of the Annual Water Quality Report forthe year in
which the test is performed. This effort will be accomplished in Fall 2002 and reported in the
2002 AWQR.
The CONSULTANT will perform the following services:
Slug and bajJ tests will be performed for each well. The permeability will be calculated from
measuremerits obtained during these tests and graphically presented in the report.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC,DOC Page 4 of 11
Howard R. Green Company
CONSULTING ENGINEERS
LEACHATE HEAD LEVEL MEASUREMENTS
- 2001 ONLY
The CONSULTANT will perform the following services:
On a monthly basis, measure and record the levels and elevations of leachate in all Iowa DNR-
designated leachate piezometers and gas collection wells. Also, record monthly the volume of
Peachate collected and transported to the Iowa City Wastewater Treatment Facility.
Monthly level and volume information will be summarized and reported to IDNR on an annual
basis, as a part of the Leachate Control System Performance Evaluation (LCSPE) report.
LEACHATE HEAD LEVEL MEASUREMENTS
- in 2002 and 2003 - OPTIONAL
The CONSULTANT will perform the following services:
On a monthly basis, measure and record the levels and elevations of leachate in all Iowa DNR-
designated leachate piezometers and gas collection wells. Also, record monthly the volume of
leachate collected and transported to the Iowa City Wastewater Treatment Facility.
Monthly level and volume information will be summarized and reported to IDNR on an annual
basis, as a part of the Leachate Control System Performance Evaluation (LCSPE) report.
SITE METHANE CONCENTRATION MONITORING
- 2001ONLY
The CONSULTANT will perform the following services:
On a quarterly basis, monitor site methane gas concentrations in accordance with Iowa
Administrative Code (IAC) Subtitle [567], Chapter 103.2(15).
Reporting of methane gas concentration monitoring will be to IDNR on a annual basis, as a part
of the respective AWQR, by November 30th Of each year.
SITE METHANE CONCENTRATION MONITORING
In 2002 and 2003 - OPTIONAL
The CONSULTANT will perform the following services:
On a quarterly basis, monitor site methane gas concentrations in accordance with Iowa
Administrative Code (IAC) Subtitle [567], Chapter 103.2(15).
Reporting of methane gas concentration monitoring will be to IDNR on an annual basis, as a
part of the respective AWQR, by November 30th Of each year.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 5 of 11
Howard R. Green Company
CONSULTING ENGINEERS
TITLE V AIR EMISSIONS OPERATING PERMIT,
EMISSIONS INVENTORY AND COMPLIANCE REPORT
- 2001, 2002 AND 2003
The Iowa City Sanitary Landfill is required to submit to IDNR an emissions inventory report by
March 31st of each year. This report is in direct response to the requirements of the landfill's
Title V Air Emissions Operating Permit, and is therefore separate from monitoring and reporting
required by the IDNR-issued construction permit for the landfill gas collection and control
system.
Based on air emissions from the landfill, as identified by the annual emissions inventory report,
the City is required to make an annual fee payment to IDNR. The associated fee payment is not
included in the fee schedule for engineering services as identified in this Scope of Services.
The CONSULTANT will perform the following services:
1. Complete the Emission Inventory documentation for presentation to and review by the City
staff.
2. Prepare and submit to IDNR on the City's behalf, the annual Compliance and Monitoring
Report.
LANDFILL SITE TOPOGRAPHIC SURVEY
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
The base map for the Iowa City Sanitary landfill will be updated on a semi-annual basis. Aerial
photography will be utilized for the spring mapping updates and GPS will be utilized for the fall
mapping updates. The updated site topography maps will include the closed and active landfill cells
and the soil cover borrow areas. This information will be used to provide b~yearly reports of the rate
of compaction, the cover dirt to refuse ratio, and the remaining airspace for the active cells.
II. TIME OF COMPLETION
The Consultant shall complete the Tasks in accordance with the schedule shown.
Title V Annual emissions Report by March 31, 2001
Updated Topo Map/Compaction Report by March 31, 2001
Spring 2001 Semi-Annual Inspection/Report by May 1, 2001
Spring 2001 Semi-Annual Sampling by May 30, 2001
Summer 2001 Quarterly Sampling by August 31, 2001
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 tC.DOC Page 6 of 11
Howard R. Green Company
CONSULTING ENGINEERS
Updated Topo Map/Compaction Report by September 31,2001
Fall 2001 Semi-Annual Inspection/Report by November 1, 2001
Fall 2001 Semi-Annual Sampling by November 30, 2001
Annual Water Quality Report 2001 by November 30, 2001
Annual Leachate Control System Performance
Evaluation Report by November 30, 2001
Leachate Piezometer/Gas Collection Well
Leachate Level Monitoring Monthly for 2001
Groundwater/Surface Water Sampling
Event Reports Within 45 days from
date of sampling
Site Methane Concentration Monitoring Quarterly for 2001
Title V Annual Emissions Report by March 31, 2002
Updated Topo Map/Compaction Report by March 31, 2002
Spring 2002 Semi-Annual Inspection/Report by May 1, 2002
Spring 2002 Semi-Annual Sampling by May 30, 2002 (OPTIONAL)
Updated Topo Map/Compaction Report by September 31, 2002
Fall 2002 Semi-Annual Inspection/Report by November 1, 2002
Fall 2002 Semi-Annual Sampling by November 30, 2002 (OPTIONAL)
Annual Water Quality Report 2002 by November 30, 2002
Annual Leachate Control System Performance
Evaluation Report by November 30, 2002
Monitoring Well In-Situ Tests and Report by November 30, 2002
Leachate Piezometer/Gas Collection Well
Leachate Level Monitoring Monthly for 2002 (OPTIONAL)
Groundwater/Surface Water Sampling
Event Reports Within 45 days from
date of sampling
Site Methane Concentration Monitoring Quarterly for 2002 (OPTIONAL)
Title V Annual Emissions Report by March 31, 2003
Updated Topo Map/Compaction Report by March 31, 2003
Spdng 2003 Semi-Annual Inspection/Report by May 1, 2003
Spring 2003 Semi-Annual Sampling by May 30, 2003 (OPTIONAL)
Updated Topo Map/Compaction Report by September 31, 2003
Fall 2003 S~mi-Annual Inspection/Report by November 1, 2003
Fall 2003 S~mi-Annual Sampling by November 30, 2003 (OPTIONAL)
Annual Water Quality Report 2003 by November 30, 2003
Annual Leachate Control System Performance
Evaluation Report by November 30, 2003
Leachate Piezometer/Gas Collection Well
Leachate Level Monitoring Monthly for 2003 (OPTIONAL)
Groundwater/Surface Water Sampling
Event Reports Within 45 days from
date of sampling
Site Methane Concentration Monitoring Quarterly for 2003 (OPTIONAL)
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 7 of 11
Howard R. Green Company
CONSULTING ENGINEERS
III. GENERAL TERMS
A. The Consultant shall not commit any of the following employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, creed, color, religion,
sex, national origin, disability, age, martial status, gender identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, creed, color, religion, sex, national origin, disability, age, marital
status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
than the lump sum amount listed in Section IV. The City may terminate this Agreement
upon seven (7) calendar days written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the purpose of
the Project shall be as an independent contractor and shall be exclusive, but the Consulbnt
shall have the right to employ such assistance as may be required for the performance of
the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these records
and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
G. At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given wi,th reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by
the City, copies of all basic notes and sketches, charts, computations, and any other data
prepared or obtained by the Consultant pursuant to this Agreement without cost, and without
restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a
professional engineer affixed thereto or such seal as required by Iowa law.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 8 of 11
Howard R. Green Company
CONSULTING ENGINEERS
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment of the amount sufficient to properly
complete the Project in accordance with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion
shall be deemed severable from the invalid portion and continue in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant shall be
allowed to keep mylar reproducible copies for the Consultants own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid
by the City.
N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest, either direct or
indirect, in this agreement, that does not fall within the exceptions to said statutory
provision enumerated in Section 362.5.
IV. COMPENSATION FOR SERVICES
BASIC SERVICES
Quarterly/Semi-Annual Groundwater/Surface Water Sampling
including training of City staff (2001 only) $ 18,600.00
Groundwater/Surface Water Sampling Event Report (7 events) $ 15,700.00
Annual Water Quality Report (3 events) $ 30,000.00
Annual LCSPE Reports (3 events) $ 19,000.00
Semi-Annual Landfill Inspections/Reports (6 events) $ 8,000.00
Monitoring Well Slug Bail Testing (1 event) $ 9,600.00
Leachate Head Level Measurements (12 events-2001 only) $ 7,000.00
Site Methane Concentration Monitoring (4 events-2001 only) $ 1,400.00
Title V Air emission Inventory Reports (3 events) $ 23,600.00
Landfill Site Topographic Survey (6 events) $ 39,900.00
.;
Total Compensation - Basic Services $172,800.00
OPTIONAL SERVICES
2002~2003 Semi-Annual Groundwater/Surface Water Sampling $ 21,130.00
2002/2003 Leachate Head Level Measurements (24 events) $ 14,500.00
2002/2003 Site Methane Concentration Monitoring (8 events) $ 2,900.00
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 9 of 11
Howard R. Green Company
CONSULTING ENGINEERS
V. MISCELLANEOUS
A. Insurance Requirements
1. Certificate of Insurance, Cancellation or Modification
a. Before commencing work, the Consultant shall submit to the City, for
approval, a Certificate of Insurance meeting the requirements specified
herein, to be in effect for the full contract period.
b. The Consultant shall notify the City in writing at least thirty (30) calendar days
prior to any change or cancellation of said policy or policies.
c. Cancellation or modification of said policy or policies shall be considered just
cause of the City of Iowa City to immediately cancel the Agreement and/or to
halt work on the Project, and to withhold payment for any work performed on
the contract.
2. Minimum Coverage
a. Any policies of insurance purchased by the Consultant to satisfy its
responsibilities under this Agreement shall include contractual liability
coverage, and shall be in the following type and minimum amounts:
Comprehensive General Liability Each Occurrence AClfiregate
(1) Bodily Injury $250,000.00 $500,000.00
(2) Property Damage $100,000.00
Motor Vehicle Liability and
Property Damage Insurance Per Person Per Accident
(1) Bodily Injury $250,000.00 $500,000.00
(2) Property Damage $100,000.00
Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
Firofessional liability coverage minimum: $1,000,000.00.
3. Professional Coverage
The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the Consultant's
negligent acts, errors and omissions to the City in the sum of $1,000,000.
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 10 of 11
Howard R. Green Company
CONSULTING ENGINEERS
4. All provisions of he Agreement shall be reconciled in accordance with generally
accepted standards of the Engineering Profession.
5. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that this is the entire Agreement,
and that no other monies or considerations have been solicited.
FOR THE CITY FOR THE CONSULTANT
Michael G. Daniel
Title: Mayor Title: Chief Financial Officer
Date: November 21, 2000 Date: ~ /~
Approved By
City Attorney's Office
O:\PROJ\723920\CONTRACT ANNUAL SERVICES 00 IC.DOC Page 11 of 11
Howard R. Green Company
CONSULTING ENGINEERS
Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144
RESOLUTION NO. 00-399
RESOLUTION APPROVING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING
ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE IOWA CITY SANITARY LANDFILL.
WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and
WHEREAS, professional engineering services are required to operate and monitor the landfill gas
collection system and prepare necessary quarterly, semi-annual, and annual air quality reports in
accordance with state and federal regulations; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green
Company Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company
Consulting Engineers for the Provision of Engineering Services, attached hereto and made a
pad hereof, is in the public interest, and hereby approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement for
and on behalf of the City of Iowa City, Iowa.
Passed and approved this 21st day of November ,2000.
PwengVes~ilandfill6.doc
Resolution No. 00-399
Page 2
It was moved by Vanderhoef and seconded by O'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of November' ,
2000 , by and between the City of Iowa City, a municipal corporation, hereinafier referred to
as the CITY and Howard R. Green Company , of Cedar Rapids, Iowa , hereina~er referred to
as the CONSULTANT.
WHEREAS, the City of Iowa City desires to secure the services of an engineering consulting firm to
provide assistance in the implementation of the monitoring and reporting for the landfill gas
collection and control system, in order to remain in compliance with the Iowa Department of Natural
Resources (IDNR) requirements.
NOW THEREFORE, it is agreed by and between the padies hereto that he CITY does now contract
with the CONSULTANT to provide services as set forth herein.
I. SCOPE OF SERVICES
The CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely
and satisfactory manner.
GAS GENERATION FLOW RATE DETERMINATION
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
Determine the maximum expected gas generation flow rate.from the landfill, utilizing actual flow
data from the system primary flow meter and in conjunction with the equations in Title 40, Code
of Federal Regulations (40 CFR), Part 60.755(a)(1 ) i and ii.
GAS COLLECTION SYSTEM MONITORING
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
At each of the thirty-seven (37) gas collection systemwell heads and three (3) trench wells,
measure and record on a monthly basis the gauge pressure in the gas collection header, the
methane, carbon dioxide and oxygen concentration in the landfill gas and the temperature of the
landfill gas. Approved USEPA methods will be used to analyze gases at the well heads.
If any temperature measurement exceeds 55° C, if any gauge reading indicates a positive
operating pressure or if any oxygen concentration measurement exceeds 5%, following any
corrective action that may have been taken, the gauge pressure, temperature, and gas
concentration measurements Will be re-monitored within 15 days of the initial exceedence.
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Howard R. Green Company
CONSULTING ENGINEERS
LANDFILL SURFACE METHANE MONITORING
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
On a quarterly basis, monitor and record the surface concentrations of methane along the entire
perimeter of the gas collection area, and along a pattern that traverses the collection area
surface at thirty (30) meter intervals. Also, determine background methane concentration by
monitoring upwind and downwind outside the landfill boundary at a distance of at least thirty (30)
meters from the nearest perimeter gas collection wells.
If any surface concentration measurement at any location within the fill area is 500 parts per
million (ppm) or more above background, the location will be re-monitored following any
corrective action that may have been taken, and within 10 days of detecting the exceedence.
If the re-monitoring at any location shows a second exceedence, the location will be re-
monitored, again following any corrective action that may have been taken, and within 10
calendar days of the second exceedence.
Any location that initially showed an exceedence but has a methane concentrationless than 500
ppm above background at either of the 1 O-day re-monitoring events noted above will be again
re-monitored one (1) month from the initial exceedence.
All surface monitoring and re-monitoring will utilize USEPA Test Method 21.
GAS CONTROL SYSTEM MONITORING
- 200t, 2002 AND 2003
The CONSULTANT will perform the following services:
Verify monthly the satisfactory operation of the flare temperature sensing device and primary
gas flow meter and confirm the integrity of the seal on the meter bypass valve. Document any
gas flow that has bypassed the control flare.
The CITY will timely advise the CONSULTANT of any failure or abnormal operation of the gas
control syste, m.
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Howard R. Green Company
CONSULTING ENGINEERS
GAS COLLECTION WELL HEAD CALIBRATION
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
On a monthly basis, following regular monthly well head monitoring and quarterly landfill surface
methane monitoring, and in the event of any re-monitoring required due to initial monitoring
exceedences, perform calibration and balancing adjustments to the affected well head valving
system(s). These adjustments will be made to accomplish additional gas collection by
increasing vacuum at the well head, or to maintain the nitrogen and oxygen concentrations in
the landfill gas within accepted levels of compliance.
Between monthly well head monitoring events, the CITY will timely advise CONSULTANT of any
damage, or of any observed abnormalities of the well heads or gas collection system.
LANDFILL COVER INTEGRITY VERIFICATION
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
On a quarterly basis, and in conjunction with the quarterly landfill surface monitoring program,
perform a visual inspection of the landfill surface. In addition, note and advise landfill staff of the
location and nature of problem areas, including depressions, sink holes or cracks in the cover
and the presence of dead or stressed cover vegetation. Areas showing damage from
equipment will also be noted.
The CITY will provide all services to maintain the landfill co~/er, and to make any corrections or
repairs as required and identified by the CONSULTANT's visual observations.
GAS COLLECTION AND CONTROL SYSTEM REPORTING
- 2001, 2002 AND 2003
The CONSULTANT will perform the following services:
Submit to the Air Quality Bureau of IDNR an annual report illustrating:
· A summary of gas collection well head monitoring results and the value and length of
time of all exceedences of the parameters applicable to gas collection well head
monitoring.
· A record of monthly operation verification of the flare temperature sensing device
and confirmation of the primary flow meter, along with a summary of daily flow meter
readings. The CITY will maintain records of daily flow meter readings for use by the
CONSULTANT for reporting purposes.
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Howard R. Green Company
CONSULTING ENGINEERS
· A description and duration of all periods when the gas stream is directed from the
control device through a bypass line.
· A description and duration of all periods when the control device was not operating
for a period exceeding one (1) hour, and the actual length of time the device was not
operating.
· A listing of all periods of time when the gas collection system was not operating in
excess of 5 days.
· A listing of all surface locations at which there were exceedences of the 500 ppm
limit where re-monitoring (second and/or third monitoring) was conducted, and the
concentration value obtained from each monitoring and re-monitoring effort.
· The location of each surface point at which the methane concentration measurement
exceeded 500 ppm, including the concentration of methane at each location for
which an exceedence was recorded in the previous month.
· A description of the specific corrective action taken in an effort to eliminate any gas
collection well head measurement exceedences.
· A description of the corrective action taken in an effort to eliminate any surface
monitoring point measurement exceedences.
· The date and description of any damages sustained and repairs made to the gas
collection and control system, or of any system components that are replaced.
· The date of installation and the location of each gas collection well or collection
system expansion added, including installation, relocation or addition of trench wells.
Submit to the Air Quality Bureau of IDNR a single report in conjunction with the initial IDNR
monitored performance compliance test for the landfill gas collection and control system. This
report will be submitted within 90 days after achieving maximum production rate, within 180
days from the date of initial startup of the system, and within 45 days of the completion of test
period, and will contain:
· The results of the initial IDNR monitored performance compliance test of the gas
control (flare) system.
· A diagram of the collection system showing collection system positioning including
all wells, horizontal collectors, surface collectors, or other gas extraction devices,
including the locations of any areas excluded from collection and the proposed sites
for the future collection system expansion.
· The data upon which the sufficient diversity of wells, horizontal collectors, surface
collectors, or other gas extraction devices and the gas move equipment sizing are
based.
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Howard R. Green Company
CONSULTING ENGINEERS
· The documentation of the presence of asbestos or non-degradable matedal for each
area from which collection wells have been excluded based on the presence of
asbestos or non-degradable material.
· The sum of the gas generation flow rates for all areas from which collection wells
have been excluded based on non-productivity and the calculations of gas
generation flow rate for each excluded area.
· The provisions for increasing gas mover equipment capacity with increased gas
generation flow rate, if the present gas mover equipment is inadequate to move the
maximum flow rate expected over the life of the landfill.
· The provisions for the control of off-site gas migration.
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Howard R. Green Company
CONSULTING ENGINEERS
II. TIME OF COMPLETION
The Consultant shall complete the Tasks in accordance with the schedule shown.
Gas Generation Flow Role Determination December 15, 2001, 2002, 2003
Gas Collection System Monitoring Monthly for 2001, 2002, 2003
Landfill Surface Methane Monitoring Quarterly for 2001, 2002, 2003
Gas Control System Monitoring Monthly for 2001, 2002, 2003
Gas Collection Well Head Calibration Monthly for 2001, 2002, 2003
Landfill Cover Integrity Verification Quarterly for 2001, 2002, 2003
Gas Collection & Control System Reporting Annually for 2001, 2002, 2003
III. GENERAL TERMS
A. The Consultant shall not commit any of thefollowing employment practices and agrees to
prohibit the following practices in any subcontracts.
1. To discharge or refuse to hire any individual because of their race, creed, color, religion,
sex, national origin, disability, age, martial status, gender identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges of employment
because of their race, creed, color, religion, sex, national origin, disability, age, marital
status, gender identity, or sexual orientation.
B. Should the City terminate this Agreement, the Consultant shall be paid for all work and
services performed up to the time of termination. However, such sums shall not be greater
than the lump sum amount listed in Section IV. The (~ity may terminate this Agreement
upon seven (7) calendar days written notice to the Consultant.
C. This Agreement shall be binding upon the successors and assigns of the parties hereto,
provided that no assignment shall be without the written consent of all Parties to said
Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for the purpose of
the Project shall be as an independent contractor and shall be exclusive, but the Consultant
shall havp the right to employ such assistance as may be required for the performance ol=
the Project.
E. It is agreed by the City that all records and files pertaining to information needed by the
Consultant for the project shall be available by said City upon reasonable request to the
Consultant. The City agrees to furnish all reasonable assistance in the use of these records
and files.
F. It is further agreed that no Party to this Agreement shall perform contrary to any state,
federal, or local law or any of the ordinances of the City of Iowa City, Iowa.
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CONSULTING ENGINEERS
G. At the request of the City, the Consultant shall attend such meetings of the City Council
relative to the work set forth in this Agreement. Any requests made by the City shall be
given with reasonable notice to the Consultant to assure attendance.
H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by
the City, copies of all basic notes and sketches, charts, computations, and any other data
prepared or obtained by the Consultant pursuant to this Agreementwithout cost, and without
restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Consultant shall not be liable for the City's use of such
documents on other projects.
I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a
professional engineer affixed thereto or such seal as required by Iowa law.
J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however,
that failure of the Consultant to satisfactorily perform in accordance with this Agreement
shall constitute grounds for the City to withhold payment of the amount sufficient to properly
complete the Project in accordance with this Agreement.
K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion
shall be deemed severable from the invalid portion and continue in full force and effect.
L. Original contract drawings shall become the property of the City. The Consultant shall be
allowed to keep mylar reproducible copies for the Consultants own filing use.
M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid
by the City.
N. Upon signing this agreement, Consultant acknov~ledg~d that Section 362.5 of the Iowa
Code prohibits a City officer or employee from having an interest in a contract with the
City, and certifies that no employee or officer of the City, which includes members of
the City Council and City boards and commissions, has an interest, either direct or
indirect, in this agreement, that does not' fall within the exceptions to said statutory
provision enumerated in Section 362.5.
IV. COMPENSATION FOR SERVICES
Gas Col!ection Flow Rate Determinations (3 events) $ 2,850.00
Gas Collection System Monitoring (36 events) $ 48,900.00
Landfill Surface Methane Monitoring (12 events) $ 55,900.00
Gas Control System Monitoring (12 events) $ 2,900.00
Gas Collection Well Head Calibration (36 events) $ 18,200.00
Landfill Cover Integrity Verification (12 events) $ 1,200.00
Gas Collection and Control System Reporting (3 events) $~_18,._00Q._Q_0
Total Compensation $147,950.00
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Howard R. Green Company
CONSULTING ENGINEERS
V. MISCELLANEOUS
A. Insurance Requirements
1. Certificate of Insurance, Cancellation or Modification
a. Before commencing work, the Consultant shall submit to the City, for
approval, a Certificate of Insurance meeting the requirements specified
herein, to be in effect for the full contract pedod.
b. The Consultant shall notify the City in writing at least thirty (30) calendar days
prior to any change or cancellation of said policy or policies.
c. Cancellation or modification of said policy or policies shall be considered just
cause of the City of Iowa City to immediately cancel the Agreement and/or to
halt work on the Project, and to withhold payment for any work performed on
the contract.
2. Minimum Coverage
a. Any policies of insurance purchased by the Consultant to satisfy its
responsibilities under this Agreement shall include contractual liability
coverage, and shall be in the following type and minimum amounts:
Comprehensive General Liability Each Occurrence A~.qregate
(1) Bodily Injury $250,000.00 $500,000.00
(2) Property Damage $100,000.00
Motor Vehicle Liability and
Property Damage Insurance Per Person Per Accident
(1) Bodily Injury $250,000.00 $500,000.00
(2) Property Damage $100,000.00
Workers' Compensation insurance as required by Chapter 85, Code of Iowa.
~rofessional liability coverage minimum: $1,000,000.00.
3. Professional Coverage
The Consultant agrees at all times material to this Agreement to have and maintain
professional liability insurance covering the Consultant's liability for the Consultant's
negligent acts, errors and omissions to the City in the sum of $1,000,000.
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Howard R. Green Company
CONSULTING ENGINEERS
4. All provisions of he Agreement shall be reconciled in accordance with generally
accepted standards of the Engineering Profession.
5. It is further agreed that there are no other considerations or monies contingent upon
or resulting from the execution of this Agreement, that this is the entire Agreement,
and that no other monies or considerations have been solicited.
FOR THE CITY FOR THE CONSULTANT
Michael G. Daniel
Title: Ma.yor Title: Chief Financial Officer
Date: November Zl, z000 Date: ~ /'/
_~,~p. roved By
~ ~!. ,,~ ~/,A/,r_~
city ~...,mey'e OffiCe
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Howard R. Green Company
CONSULTING ENGINEERS
Prepared by: Llnda Kopping, Iowa City/Johnson County Senior Center, 28 S. Linn St., Iowa City IA 52240 (319) 356-5220
RESOLUTION NO. 00-400
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HANCHER AUDITORIUM TO
SCHEDULE A HANCHER AUDITORIUM OUTREACH PERFORMANCE AT THE IOWA
CITY/JOHNSON COUNTY SENIOR CENTER.
WHEREAS, the University of Iowa will be facilitating various performances by nationally
renowned artists at Hancher Auditorium during the 2000-2001 fiscal year and desires to
promote education and appreciation for the fine arts through outreach; and
WHEREAS, the Iowa City/Johnson County Senior Center believes it is in the best interest of
Senior Center participants to offer quality educational and culturally enriching programs and is
prepared to host performances by artists sponsored by Hancher Auditorium; and
WHEREAS, the City has negotiated an agreement with the University of Iowa providing for
a Hancher Auditorium Outreach Performance to occur at the Senior Center on January 24,
2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The agreement attached hereto is in the public interest and is approved as to form and
content.
2. The Mayor is authorized to sign and the city clerk to attest said agreement.
3. If the University of Iowa continues to desire to promote education and appreciation of fine
arts through outreach to the Iowa City/Johnson County Senior Center, the City Manager is
authorized to sign similar agreements in the future after consultation with the City Attorney.
City Attorney's Office
Sue\SenCtr\Hancher Res.doc
Resolution No. 00-400
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:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
HANCHER AUDITORIUM OUTREACH PERFORMANCE AGREEMENT
BETWEEN
IOWA CITY SENIOR CENTER THE CITY OF IOWA CITY
AND
THE UNIVERSITY OF IOWA
WHEREAS, The University of Iowa will be facilitating vadous performances by nationally renowned artists at
Hancher Auditorium during the 2000-2001 fiscal year and desires to promote education and appreciation for
the fine arts through outreach presentations at local elementary schools, secondary schools, and community
events at mutually agreed upon times and places; and
WHEREAS, the Scnior Centor Iowa City and Johnson County Senior Center is prepared to host
performances by artists~ by Hancher Auditorium for the benefit of its audience on January 24,
.~."z-~oL.
The Sonior Ccntor City of Iowa City (City) and the University of Iowa agree:
1. Hancher Auditorium is responsible for any compensation to be paid to Hancher-sponsored artists who
perform outreach programs at venues owned or controlled by the Scnior Centor City.
2. Hancher Auditorium officials will be responsible for the transportation of the artists to the community
venues.
3. The Scnior Ccntor City will reserve the venues for Hancher Auditorium outreach programs as mutually
agreed upon and pay any rent or other expenses related to use of the venue.
4. The Scnior Ccntcr City will take all reasonable steps to ensure the safety of performers and audience
members at all Hancher Auditorium outreach events which take place on property owned or controlled
by the Scnior CcntcrCity. I
5. Thc Scnior Ccntcr agrocs to bc rcsponsiblc for any pcrsonal injury or propcrty damagc claims rclatcd to
outrcach cvonts which takc placc on propcrty owned or controlled by the Sonlot Ccntcr. The University
caused by the City's negligence.
6. Dudng thc ooursc of thc fiscal yoar, Either party may terminate this agreement by notifying the other
party in writing.
Mayor
Room 4 Jessup Hall
Iowa City, IA 52242 DATE November' 21, 2000
City Clerk
DATE/~,~~ DATE Novernbe. r~~;:~
Approved by:
City Attorney's Office
sue/agt*cityhancher.doc
Steve Atkins
From: Linda Kopping
Sent: Tuesday, November 21,2000 9:58 AM
To: Steve Arkins
Subject: Hancher Contract
Steve:
The reason we need a contract signed with the University of Iowa is because Hancher Auditorium now requires a
Performance Agreement between The University of Iowa and groups hosting Hancher artists. The Senior Center has
served as avenue for Hancher performers on several occasions over the past few years and is eager to continue this
practice. However, the Center must comply with this new contract requirement in order to continue it's participation in
Hancher's outreach programming.
The purpose of the agreement is to state to The University of Iowa that the City will "take all reasonable steps to ensure
the safety of performers and audience members at such events which take place on property owned or controlled by the
City." The agreement also defines the terms under which the City would be held liable for negligence in the event of a
claim. The contract has been reviewed and modified as needed by Assistant City Attorney Sue Dulek.
Please let me know if you have any additional questions.
Thanks-Linda
11-21-00
21
Prepared by: Steve Nasby, Community Development Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 00-401
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY COMMUNITY DEVELOPMENT
DIVISION TO ADOPT HOUSING REHABILITATION PRIORITY AREAS FOR OWNER-
OCCUPIED PROPERTIES IN IOWA CITY.
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S.
Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development
Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-
550); and
WHEREAS, the City of Iowa City's Housing Rehabilitation Program receives Community Development Block Grant
and HOME Investment Partnership Program funds; and
WHEREAS, the City of Iowa City supports the efforts of the Housing Rehabilitation Program to assist owner-occupied
properties and maintain the local base of affordable housing; and
WHEREAS. the 2000 Housing Conditions Survey has identified specific areas within the community which exhibit a
greater degree of need for housing rehabilitation assistance; and
WHEREAS, it is in the public interest to educate the public on the hazards of lead based paint and where applicable
assist households with mitigating these hazards; and
WHEREAS, by designating revitalization areas the Housing Rehabilitation Program will be enabled to serve additional
homeowners; and
WHEREAS, the City of Iowa City is making this designation for the Housing Rehabilitation Program according to the
provisions of Title 24 CFR 570.208(a)(1 )(i).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the
City Council hereby approves the designation of priority areas as shown on the attached Exhibits A-E.
Passed and approved this 21st day of November ,20 00
Approved by
ATTEST:~ _
CI City Attorney's Office
ppdadm/re~rehabareas.doc
Resolution No. 00-401
Page 2
It was moved by Vanderhoef 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
EXHIBIT A SectioH 2
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City of Iowa City
MEMORANDUM
DATE: November 6, 2000
TO-' City Council and City Hanager
FROM: Steven Nasby, Community Development Coordinator ~
RE: Housing Rehab Program - Designation of Priority Areas
In your information packet there was a copy of the Housing Conditions Survey conducted by
our office earlier this year. This survey was long overdue, since the last one was completed in
1988. Overall, 4,659 single-family housing units were surveyed. Of these, 3,667 (78.7%) were
in need of various degrees of repair including 57:[ units in "fair" or "poor" condition.
The methodology used for the survey focused on two factors. These factors were areas of the
community that contain the older housing stock and low-moderate income households. Where
possible, neighborhood boundaries established by the Neighborhood Associations were utilized.
Through this survey we were able to identify areas of the community that ma~7 be priority areas
we need to focus on for our housing rehabilitation program.
As you know, one of the main goals of CiTY STEPS is to preserve the affordable housing stock
and assist those most in need. CITY STEPS shows that there are 2,337 (:[990 Census) low-
moderate income homeowners whose units have physical defects. In looking at both CITY
STEPS and the Housing' Conditions Survey, most of the areas in need of rehabilitation coincide
with low-moderate income areas shown in C:FFY STEPS. Rehabilitation of older housing is an
important CITY STEPS objective, which is reflected in the priority rankings. Housing
rehabilitation has a "high" CITY STEPS priority for homeowners under 50% median income and
a "medium" priority for those between 5:[%-80% (Table IV.:[ on page 9:[).
Another issue related to housing rehabilitation is the elimination of lead based paint hazards.
CFI'Y STEPS shows that in Iowa City the number of housing units that may contain lead based
paint is estimated to be 10,961-14,464. Lead based paint poses serious health hazards,
especially for young children. Over the last year the U.S. Department of Housing and Urban
Development (HUD) has been working to launch a nation-wide effort to address lead based
paint hazards. In response to this national problem a new lead based paint rule has been
enacted by HUD that mandates us to address lead based paint hazards in pre-1978 homes that
receive federal funds.
To help us meet the housing rehabilitation needs in the areas identified by the Housing
Conditions Survey and to begin to address the health hazards of lead based paint (throughout
the community) we will need to expand the focus of the Housing Rehabilitation program. The
method we are proposing is to designate some areas of the community as "targeted" or
"priority" neighborhoods. By taking this action we can concentrate on improving the most
needy neighborhoods, address lead based paint hazards in these neighborhoods more
efficiently and open up the program to assist more households.
We recommended that HCDC approve the designation of "priority neighborhoods". These areas
comprise five of the Housing Conditions Survey zones with the greatest need (numbers 2, 4, 6,
7 and 12). Of these five zones, four of them also have been identified as having high
concentrations of lead based paint. By making this designation we will be enabled to assist any
homeowner living in the "priority neighborhoods". Using 1990 census numbers we have been
able to estimate that 68.7% of the persons in this designated area are low-moderate income.
CDBG and HOME funds would continue to be available for the low-moderate income
homeowners and other funding could be utilized to assist those homeowners over 80% median
income. Designating these areas will not disqualify anyone outside of the designated area, as
our program will continue to be open to any low-moderate income homeowner.
At their October 19 meeting HCDC unanimously voted to approve a recommendation to the City
Council approving the designated areas as "priority" neighborhoods. ~[f you have any questions
about the Housing Conditions Survey or the designation of these priority neighborhoods please
contact me at 356-5248 or e-mail at Steven_Nasby@iowa-city.org.
Cc: Stephen Arkins, City Manager
Karin Franklin, Director of Planning and Community Development
11-21-00
22
Prepared by: Steve Nasby, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
RESOLUTION NO. 00-402
RESOLUTION AUTHORIZING THE CITY OF IOWA CITY COMMUNITY DEVELOPMENT
DIVISION TO ESTABLISH A REVOLVING LOAN FUND AND USE OF SET-ASIDE FUNDING
FOR THE IOWA CITY HOUSING REHABILITATION PROGRAM.
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by
the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and
Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National
Affordable Housing Act (Public Law 102-550); and
WHEREAS, the City of Iowa City's Housing Rehabilitation Program annually receives Community
Development Block Grant and HOME Investment Partnership Program funds; and
WHEREAS, the City of Iowa City supports the efforts of the Housing Rehabilitation Program to assist
owner-occupied properties and maintain the local base of affordable housing; and
WHEREAS, it is in the public interest to maintain this program; and
WHEREAS, the 2001-2006 CITY STEPS Plan has identified housing rehabilitation as a "high" priority for
homeowners under 50 percent median income and a "medium" priority for those homeowners over 50
percent median income; and
WHEREAS, the Housing and Community Development Commission (HCDC) unanimously recommended
an annual set-aside.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the City Council hereby approves the establishment of a revolving loan fund and the CDBG\HOME
set-aside for the Housing Rehabilitation Program in the amount of $200,000 or 13 percent of the total
CDBG and HOME allocations, whichever is less.
Passed and approved this 21 st day of November, 2000.
Approved by
ppdadm/res/RLFfunding .doc
Resolution No. 00-402
Page 2
It was moved by 0'Donne'l '1 and seconded by Vande~'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
City of Iowa City
MEMORANDUM
DATE: November 6, 2000
TO: City Council and City Manager
FROH: Steven Nasby, Community Development Coordinator ,
RE: Housing Rehab Program - Revolving Loan Fund and Set-Aside Funding
The Iowa City Housing Rehabilitation Program has been in existence since 1977. Over this time
period the main source of program funding has been monies from the Community Development
Block Grant (CDBG) program and the HOME Investment Partnerships Program through annual
allocations.
To meet the existing needs of low-moderate income homeowners, CDBG and HOME allocations
over the last five years have averaged $341,402. This amount when added to the additional
funds needed to comply with the new lead based paint rule would equal approximately
$491,000. To put this in perspective, this figure would be about 25% of all CDBG and HOME
funding for FY01. Clearly, a financial commitment of this magnitude would impact the flexibility
the Council and HCDC have in allocating CDBG and HOME funds. As such, we need to bring in
additional resources while maintaining a stable-funding base for those homeowners below 80%
median income.
Providing this stable and predictable financial base is also a key to applying for private funding
and leveraging other funds. To assist us in accomplishing this goal we are working on
transforming the Housing Rehabilitation Program into a revolving loan fund which would allow
the program to keep the income that is generated from their loan portfolio. However, the level
of income received is not yet large enough to independently sustain the program. To
supplement this program income staff asked HCDC to earmark funds for the Housing
Rehabilitation Program similar to those set-aside for Aid to Agencies. Staff suggested that
HCDC annually earmark $200,000 in new CDBG and HOME funds to the Housing Rehabilitation
Program over the next five years. The suggested figure of $200,000 is only 12.7% of the
annual CDBG and HOME funding we expect to receive for the foreseeable future. This figure is
less than the average five-year allocation of $341,402 and is significantly under the 20%
estimated for housing rehabilitation within CITY STEPS (Table IV.2 on page 92). The CDBG
and HOME funds would then be used to leverage other funds (e.g. Federal Home Loan Bank or
State funds). In response to this request HCDC unanimously voted to create a revolving loan
fund and set-aside $200,000 annually or 13 percent of our annual CDBG and HOME allocations,
whichever is less, for the Housing Rehabilitation Program.
This proposed financial concept would tie nicely into our plans for providing assistance to those
homeowners over 80% median income. At this time we have been discussing with the City
Manager the possibilities of creating a separate loan fund using General Obligation Bonds to
assist homeowners over 80% median income who reside in the priority rehabilitation
neighborhoods since they too may need financial assistance for repairs or the mitigation of lead
based paint hazards.
By linking the items discussed above our rehab program should be in a position to address the
housing rehabilitation needs of the community and meet the priorities and objectives outlined in
CiTY STEPS. Tf you have any questions about the revolving loan fund or setting aside federal
funds for the housing rehabilitation program please contact me at 356-5248 or e-mail at
Steven_Nasby@iowa-city.org.
Cc: Stephen Atkins, City Manager
Karin Franklin, Director of Planning and Community Development
11-21
23
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-403
RESOLUTION OF INTENT TO CONVEY THE ENGL. ERT THEATRE
PROPERTY TO ENGLERT CIVIC THEATRE, INC., AN IOWA NON-PROFIT
CORPORATION, AND SETTING A PUBLIC HEARING FOR DECEMBER 19,
2000.
WHEREAS, on February 8, 2000, the City of Iowa City purchased the Englert Theatre properly
located on Washington Street in Iowa City, Iowa, and legally described as the West 63 feet of Lot
2, Block 65, Iowa City, Johnson County, Iowa (hereinafter "Englert Theatre property") in order to
enable the creation of a community performance space in downtown Iowa City; and
WHEREAS, the City gave said community group the option to purchase the property at a price of
$500,000 for a period of nine months until November 8, 2000; and
WHEREAS, the City Council believes it is in the best interest of the City of Iowa City to sell the
Englert Theatre property to Englert Civic Theatre, Inc., an Iowa Non-Profit Corporation, on
contract with a downpayment of $100,000 and four annual payments of $100,000 each on the
terms set forth in the attached real estate contract which is contingent on 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 convey its interest in the following
property to Englert Civic Theatre, Inc., an Iowa Non-Profit Corporation:
The west 63 feet of Lot 2, Block 65, Iowa City, Johnson County, Iowa, together
with and subject to easements and restrictions of record
on the terms as set forth in the attached real estate contract.
2. A public hearing on said proposed disposition of property is hereby set for December 19,
2000 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington
Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City
Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause
notice of public hearing to be published as provided by law.
Passed and approved this 21st day of November ,2000.
T City Attorney's Office
eleanor/res/englert.doc
Resolution No. 00-403
Page 2
It was moved by 0'Donne] '1 and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
R ASSOCIATION Phelan Tucker Mullen Walker Tucker & Gelman, L.L.P. THIS FORM, CONSULf YOUR LAWYER
Preparer
Information Thomas H. Gelman, P.O. Box 2150, Iowa City, (319) 354-1104
Individual's Name Street Address City Phone
.,~,~,~.:,. SPACE ABOVE THIS LINE
Address Tax Statement: 211 E. Washington Street Iowa City, Iowa 52245 FOR RECORDER
REAL ESTATE CONTRACT (SHORT FORM)
IT IS AGREED between
City of Iowa City, Iowa, a municipal corporation
("Sellers"): and
Eng]en Civic Theatre, Inc. an Iowa non-profit corporation
("Buyers").
Sellers agree to sell and Buyers agree to buy real estate in Johnson County,
Iowa, descnbed as:
(See Exhibit "A" Attached hereto.)
Subject to easements, covenants and restrictions of Record;
with any easements and appurtenant servient estates. but subject to the following: a. any zoning and other ordinances; b. any
covenants of record; c. any easements of record for public utilities. roads and highways; and d. (consider: liens; mineral rights; other
easements; interest of others.)
no others
(the "Real Estate"), upon the following terms:
1. PRICE. The total purchase price for the Real Estate ~s Seven Hundred Thousand and 0/100
Dollars ($ 700,000.00 ) of which No and 0/100
Dollars ($ 0.00 ) has been paid. Buyers shall pay the balance to Sellers at Johnson County, Iowa
or as directed by Sellers. as follows:
a). $300,000 at the time of Closing by payment of $ 1 00,000 in cash and a credit from the Seller of $200,000;
b). $100,000 on the first, second, third and fourth anniversary dates of the Closing Date;
c). Buyer may prepay at any time.
2. INTEREST. Buyers shall pay inlerest from NA on the unpaid balance, al
the rate of NA percent per annum, payable
Buyers shall also bay interest at the rate of ~ percent per annum on all delinquent amounts and any sum reason-
ably advanced by Sellers to proted their interest in this contracl. computed from the date of the delinquency or advance.
3. REAL ESTATE TAXES. Sellers shall pay
a prorata share of the July 1, 2000 - June 30, 2001 fiscal year real estate taxes, if any, prorated on a daily basis to the
date of closing,
for
and any unpaid real estate taxes payable iN prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate
taxes on lhe Real Estate shah be based upon such taxes for the year currently payable unless the parties state otherwise.
4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of:l~
c~,-f,~ Closing . All other special assessments shall be paid by Buyers,
5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on or before December 30
2000 . provided Buyers are not in default under this contract. Closing shall be on or before December 30 ,2000
6. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. [kl~elll::lbalt:~o~ot
I~,'{~Y, ttatt~:~:,XS~lll't~xt~alf.,.qg~lrdill~X~l,zt.lO~nts. After possession and until full paymenl of the
purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, tornado. and extended coverage
for a sum not less than 80 percent of full insurable value payable Io the Sellers and Buyers as their interests may appear. Sellers'
roterest shall be protected in accordance with a standard or union-type less payable clause. Buyers shall provide Sellers with evidence
of such insurance.
The Iowa State Bar Assoctal,on 143 REAL ESTATE CONTRACT (SHORT FORM
tOWADOCS® 2000 Revised January. '~
7 ABSTRACT AND TITLE. Sellers. at their expense, shall promptly obtain an abstract of title to the Real Estate continued
through ~R~jL~;~r..~ct at least December l, 2000 . and deliver it to Buyers for examinalion. It shall show
merchantable litle in Sellers in or conformity with this contract. Iowa law and the Title Standards of the Iowa State Bar Association.
The abstracl shall become the property of Ihe Buyers when the purchase price is paid in full however Buyers reserve the right to
occasionally use the abslract prior to full paymenl of lhe purchase price. Sellers shall pay the ~;osts of ahy additional abstracting and
tiHe work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees.
8, FIXTURES. All property that integrally belongs to or is part of the Real Estate. whether attached or detached, such as light
fixtures, shades. rods. blinds. awnincJs, windows, storm doors, screens, plumbin9 fixtures. water heaters, water softeners.
automatic heating e uipment. air condstioning equipment, wall to wall carpettrig, built-m items and electrical service cable. outside
television lowers an~ antenna. fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale
except: (consider: rental items.)
9. CARE OF PROPERTY. Buyers shall take good care of the properly; shall keep the buildings and other improvements now or
later placed on the Real Estate in good and reasonable repair and shall not in ure. destroy or remove the pro erty during the term of
his contract. B)f~:e~`~ki~k1~m~kex~c~i~r~e~t~`~j~1~xw`~5)~Rx~{~f~RP~e~:~e~:~R~;~ers
10. DEED. Upon payment of purchase price. Sellers shall convey the Real Estate to Buyers or their assignees. by
Warranty deed, free and clear of all liens. restrictions, and encumbrances except as provided
herein, Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Sellers
continuing up to time of delivery of the deed.
11. REMEDIES OF THE PARTIES. a. If Bu 6rs fail to timely pe~orm this contract, Sellers may, at Sellers' option. fo~eit Buyers'
rights in this contract as provided in the Iowa ~ode. and all payments made by Buyers shall be forfeited. If Buyers fail to timely
perform this contract, Sellers, at their option. ma elect to declare the entire balance immediatel due and payable after such notice.
if any, as may be required by Chapter 654. The ~ode. Thereafter this contract may be foreclose~/ in equit and the Court may appoint
a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate
the same as the receiver may deem best for the interest of all parties concerned. and such receiver shall be liable to account to
Buyers only for the net profits. after application of rents, Issues and profits from the costs and expenses of the receivership and
foreclosure and upon the conlract obligation.
It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and
sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by
the statutes of the Slate of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any
deficiency 'udgment against Buyers which may arise out of the foreclosure roceedings; all to be consistent with the provisions of
Chapter 6;~8 of the Iowa Code. If the redemption period is so reduced, FAr the first three (3) months after sale such right of
redemption shall be exclusive to the Buyers. and the lime periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be
reduced to four (4) months.
It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixt~, (60) days if all of the
lhree following contin encies develop: (1) The real estate is less than ten (10) acres in size; (2) the Courl finds affirmatively that the
said real estate has %~en abandoned by the owners and those persons personally liable under this Contract at the time of such
foreclosure; and (3) Sellers in such action file an election 1o waive any deficiency judgment against Buyers or their successor in
~nterest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the
exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided
in Sections 628.5 628.15 and 628.16 of the Iowa Code shall be reduced to foay (40) days. Entry of appearance by pleadin or
docket entry by or' on behalf of Buyers shall be presum lion that the properly is not abandoned. Any such redemption pened shaw be
consistent with all of the provisions of Chapter 628 o~the iowa Code. Thss paragraph shall not be construed to limit or otherwise
affect any other redemption provisions contained in Chapter 628 of the Iowa Code.
b. if Sellers fail to timely perform their obligations under this Contract, Buyers shall have the right to terminate this contract
and have all payments made returned to them.
c, Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them
d. In any action or proceeding relating to this contract the successful pady shall be entitled to receive reasonable attorney's fees
and costs as permitted by law.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immedialely preceding this contract. hold title to the Real
Estate in oint tenancy with full right of survivorship, and the joinl tenancy is not later destroyed b operation of law or by acts of
Sellers, then the proceeds of ths sale. and any cont nung or recaptured rights of Sellers in the Real I~state, shall belong to Sellers as
oint tenants with full right of survivorship and not as tenants in common' and Bu ere. in the event of the death of either Seller. agree
to pay any balance of the pr ce due Seers under ths contract to the s;~rviving ~ller and to accept a deed from the surviving Seller
consistent with paragraph 10.
13. JOINDER BY SELLER'S SPOUSE. Sellers spouse, if not a titleholder immediately preceding acceptance of this offer, execu-
tes this contract only for the purpose of relinquishing all rights of dower. homestead and distributive shares or in compliance with
Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose.
14, TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. PERSONAL PROPERTY. Ifthis contract includes the sale of any personal propert . Buyers grant the Sellers a security interest
m Ihe personal property and Buyers shall execute the necessary financing statements and ~liver them to Sellers.
16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number. and as
masculine, feminine or neuter gender. according to the context.
17. RELEASE OF RIGHTS. Each of the Buyers hereby relinquishes all rights of dower. homestead and distributive share in and
to the property and waives all rights of exemption as to any of the property,
18. ADDITIONAL PROVISIONS.
See Addendum attached hereto.
I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS
OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I
VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO
CLAIMS BASED UPON THIS CONTRACT.
Dated: ,
Dated: ,
City of Iowa , Iowa, Se~ En~lert? Civic T~eatre, In~.~i~)B~y~~ .
By~ }~F'~. By: ./'~ ~/'L_ / ~-
,title ' ' '('/ , · , t ~ '
,title se~us~s ,title
STATE OF . COUNTY OF , ss:
This instrument was acknowledged before me on
by.
. Notary Public
EXHIBIT "A"
The West 63 feet of Lot 2, Block 65, Iowa City, Iowa, together with and subject to easemints and restrictions of record.
Further, in order to protect the legitimate business interests of the Grantor and its assigns and successors in the operation of
motion picture theatres in Johnson County, Iowa, the above described property will not be used as an auditorium or theatre
that shows motion pictures on film, electronic or satellite transmission. This covenant shall run with the land for the benefit
of the Grantor, its assigns and successors in interest and shall be binding upon the Grantee as well as heirs, assigns and
successors in interest of the Grantee. Nothing herein stated shall prevent an occasional non-commercial film, video,
electronic or satellite transmission which is not offered to the general public.
ADDENDUM TO REAL ESTATE CONTRACT
City of Iowa City, Iowa, Seller / Englert Civic Theatre, Inc., Buyer
A. APPROVAL CONTINGENCY.
This contract is subject to and conditioned upon formal approval by the City
Council of the City of Iowa City, Iowa, on or before December 20, 2000. In the event
approval does not occur on or before such date, this contract shall become null and void.
B. DUE ON SALE.
Upon sale of the real estate by Buyer, the then remaining contract balance shall
become immediately due and payable to Seller. Any sale shall be subject to the Right of
First Refusal set out below.
C. DAMAGE OR DESTRUCTION PRIOR TO CLOING.
If prior to closing and transfer of possession improvements on the real estate are
damaged by fire, storm, or other casualty and can reasonably be repaired within 90 days
after the scheduled closing date, then i) Seller shall complete such repairs and restore the
improvements, and the Closing Date shall be extended to accommodate such repairs and
restoration; or, at Buyer's option, ii) Buyer may agree to accept the insurance proceeds
from the Seller's coverage for such damage, accept the improvements in their damaged
condition and proceed with closing on the contract. In the event pre-closing casualty
damage to improvements cannot reasonably be repaired within 90 days after the
scheduled closing date, Buyer shall have the option to either i) accept the insurance
proceeds from the Seller's coverage for such damage, accept the improvements in their
damaged condition and proceed with closing on the contract, or ii) terminate this contract.
Buyer shall exercise its options under this paragraph by giving written notice to Seller
within 10 days after the determination of available insurance coverage for incurred
casualty damage.
D. IMPROVEMENTS
After Closing, Buyer may renovate and improve the real estafe without Seller's
prior written approval except as normally required under city ordinances.
E. RIGHT OF FIRST REFUSAL.
Buyer, in exchange for good and valuable consideration, does hereby grant to
Seller a Right of First Refusal in connection the real estate being purchased under this
Contract. Said Right of First Refusal shall be subject to the following terms and
conditions:
1. For a period of 8 years after Closing on the Buyer's purchase of the real estate
from Seller, if Buyer receives and is willing to accept a bona fide written offer from
a third party to purchase the real estate, Buyer shall promptly transmit to Seller a
Right of First Refusal Offer to sell the real estate back to Seller, together with a true
copy of such bona fide offer.
2. Buyer's Right of First Refusal Offer to Seller shall be for the same price and
terms as the bona fide third party offer, except that the purchase price shall
reduced according to the following schedule:
During the 1st year after closing date, reduced by $214,000
During the 2"d year after closing date, reduced by $228,000
During the 3~ year after closing date, reduced by $2~12,000 :Z...$"'q
During the 4th through 8~h years after the closing
date, reduced by $25~,0a,0-0
3. Buyer's First Right of Refusal Offer shall be made to Seller in writing and shall
be considered given upon actual receipt by the City Manager of Buyer.
4. If Seller does not within 30 days after completed notice, accept such Right of
First Refusal Offer without any condition other than those conditions contained in
the bona fide offer, then Buyer may, within a period ending 90 days after the
closing date as specified in the third party offer, sell the interest to a third party
offeror upon the terms and conditions contained in the bona fide offer. If Buyer
does not complete the sale to the bona fide offeror within said 90 day period, then
the sale of the real estate will again become subject to this Right of First Refusal.
5. If Seller accepts Buyer's First Right of Refusal Offer by written notice given to
Buyer within the time permitted, the Offer and Acceptance shall constitute a
contract for the sale by Buyer and the purchase by Seller of the real estate at a
closing to be held within 45 days following the receipt by Buyer of Seller's notice
of acceptance.
6. During said 45 day period, Buyer shall provide to Seller a currently continued
Abstract of Title showing marketable title in Seller free and clear of all liens and
encumbrances, except those that may be satisfied at the date of closing (but subject
to all easements, covenants and restrictions of record.
7. On the date of purchase under an exercised Right of First Refusal, Seller shall
pay to Buyer the purchase price, or any balance thereof remaining due, in
consideration of which Buyer shall deliver to Seller possession of the real estate and
a warranty deed. Buyer shall pay all usual and customary expenses of sale,
including, but not limited to, any sales commission, transfer tax, abstracting fees,
Buyer's legal fees, real estate taxes due and payable, and a proration of the real
estate taxes accrued to the date of transfer of possession; and Seller shall pay all
usual and customary expenses of purchase, including, but not limited to, recording
fees and Seller's legal fees.
8. This Right of First Refusal shall not apply to any transfer in lieu of foreclosure
or judicial sale in satisfaction of a mortgage lien.
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this '~-/~"-day of November, 2000, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared c_),a ~,--t c~e 74 ~ ~,,,6,/ and
D/'k~, ~0 ~?~erc.~ to me personally known, who being by me duly sworn, did say that
they are the President and Secretary, respectively, of the corporation executing the within
and foregoing instrument; that said instrument was signed on behalf of the corporation by
authority of its Board of Directors; and that ~/-4t'~e [~'-~-,- and ~,(~
as such officers acknowledged the execution of the foregoing instrument to be the voluntary
act and deed of the corporation, by it and by them voluntarily executed.
No~in and for said State ~
STATE OF IOWA )
) sS:
COUNTY OF JOHNSON )
On this day of November, 2000, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Emest 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 the City of Iowa City, Iowa, executing the within
and foregoing instrument; that the seal attached thereto is the seal of said corporation by
authority of its City Council; and that the said Mayor and City Clerk 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 said Stat6