HomeMy WebLinkAbout2001-06-12 Resolution RESOLUTION NO. 01-146
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Mill Restaurant - 120 E. Burlington Street
It was moved by C. hampion and seconded by 0'Donnell that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X __ Pfab
× Vanderhoef
X Wilburn
Passed and approved this 12t, h day of June ,2o9:1K~y/~
OR
City Attorney's Office
clerk\res\danceprrn.doc
Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, Ia 52240 (319) 356-5141
RESOLUTION NO. 01-147
RESOLUTION SE'FrlNG A PUBLIC HEARING FOR JUNE 26, 2001 ON AN ORDINANCE
AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY
CODE TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (as amended) the City of Iowa City is authorized to establish and
provide for the collection of rates and charges to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, water meter rates, which were last increased in 1996, are proposed to be increased to generate
adequate revenues to pay the costs of meters and meter reading devices necessary to effectively measure water use
by customers of the City's potable water supply and treatment system; and
WHEREAS, the Iowa City City Council proposes to increase the charge for meters to include the cost of a meter
reading device; and
WHEREAS. wastewater rates for fees and charges will fund these projects over time; and
WHEREAS, the City Code requires that notice and public hearing on proposed changes in rates for fees and charges
for City utilities be provided to the public, prior to enactment of said rates for fees and charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY Of IOWA CITY, IOWa, that:
1. A public hearing is hereby set for 7:00 p.m. on June 26, 2001, to be held in the Civic Center Council
Chambers, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the
City Clerk, to permit public input on the proposed rate increases, for water service fees and charges.
2. The City Clerk is hereby authorized and directed to publish notice of said hearing in accordance with State
law,
Passed and approvad this 12th . day of ,]une~i ~,, 2~;~4~._.'
roy
CITY'CLERK City art
it was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted. and upon roli cali there were:
aYES: NAYS: aBSENt:
X Champion
X Kanner
X Lehman
7 O'Donne.
x Pfab
X Vanderhoef
X Wilbum
pwenO\res\water01 .dog
City of Iowa City
MEMORANDUM
DATE: May 31, 2001
TO: City Council
FROM: City Manager
RE: Meter Reading System Program
The Iowa City Water Division reads approximately 21,000 meter accounts on a monthly basis,
Accounts increase by an average of 500 every year.
Three years ago, the Department of Public Works/Water Division began exploring upgrading our
manual meter reading equipment with an automatic meter reading (AMR) system. Meter reader
safety issues, an obsolete meter reading system and meter routing problems needed to be
resolved. This past winter the staff needed to estimate bills due to the bad weather, and it was
difficult to satisfy meter reading schedules.
Radio Frequency Meter Reading Systems
Radio frequency (RF) water meter reading is a proven AMR technology. Several systems were
investigated. Each system is similar, with radio transmitters, receivers, handheld and drive-by
computer units. The radio transmitters have lithium batteries with life expectancies between 7 to 12
years.
The walk or drive-by systems would allow us to obtain meter readings by radio units attached to
the water meters through a radio receiver. This method would enable monthly meter readings to
be completed in a fraction of the time currently needed and our customers would experience no
disturbance due to meter readers coming on their property. Changeout would involve removing the
existing black reading device currently mounted on the house and replacing it with a similar sized
radio reading device.
Implementation Plan
In order to achieve an early benefit we are planning to install 3,000 RF units in the first six months
on existing accounts. There will be no charge to existing customers for installation of the RF units.
We would propose to require RF units on new construction, approximately 500 per year. Currently
the cost of the meter and outside reading device is $70 for a typical residential account and is
charged to the new construction account. This fee will be increased to $120 to include the $50 RF
unit. An ordinance change will be proposed to reflect the additional cost of the $50 RF unit.
The second phase of the project will be to install an additional 6,000 (RF) units in FY2003,
Thereafter installation will continue at 5,000 units per year until completion.
The meter readers work assignments will shift from manually reading meters to installation and
maintenance of the meter reading system and changing out old water meters (>20 years old) that
are currently not adaptable to any of the radio-read systems.
Meter System Budget
The Water Division has budgeted for replacing the manual meter equipment and starting the AMR
meter reading program as proposed above. The budget for FY01 totals $252,000.
rngr/mem/radiometersdoc
Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110
RESOLUTION NO. 01-148
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE IOWA CITY SKATE PARK PROJECT, DIRECTING CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS &
RECREATION DIRECTOR 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 26th day of June,
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.
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 project is hereby ordered placed on file by the Parks and
Recreation Director in the office of the City Clerk for public inspection.
Passed and approved this 12th day of June ,20
Approved by
CI~'CLERK // ~"'~"~/
P&r~res\skatepark,doc
03/01 ~
Resolution No. 01-148
Page 2
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
~ Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Sarah E. Holecek, lst Asst. City Attorney, 410 EE. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-149
RESOLUTION APPROVING AN AMENDMENT TO SANITARY SEWER AND
STORM WATER MANAGEMENT EASEMENT AGREEMENTS FOR FIRST AND
ROCHESTER COMMERCIAL SUBDIVISION, PART ONE, IOWA CITY, IOWA,
AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST SAID DOCUMENTS.
WHEREAS, Mercy Hospital, Iowa City, Iowa ("Mercy"), is the owner of property located along First
Avenue, Iowa City, Johnson County, Iowa, more particularly described as follows:
Lot 2, First and Rochester Commercial Subdivision, Part One, an addition to the
City of Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 92,
Plat Records of Johnson County, Iowa.
WHEREAS, Mercy's property described above is subject to a certain Sanitary Sewer and
Stormwater Management Easement Agreements for First and Rochester Commercial
Subdivision, Part One, Iowa City, Iowa, which documents are dated February 17, 1993, and were
recorded on March 3, 1993, in Book 1508, Page 303, of the records of Johnson County, Iowa,
hereinafter "Sanitary Sewer and Storm Water Management Easement"; and
WHEREAS, Mercy wishes to construct certair, improvements on Mercy's property described
above which will include the construction of a concrete retaining wall on or near the Sanitary
Sewer and Storm Water Management Easement areas; and
WHEREAS, the Sanitary Sewer and Storm Water Management Easement Agreements prohibit
Mercy from constructing any buildings, fences, or other structures on the easement areas; and
WHEREAS, the City is willing to allow Mercy to construct a concrete retaining wall on or near the
easement areas in consideration for which Mercy is willing to indemnify the City against any costs
associated with the construction or replacement of the concrete retaining wall; and
WHEREAS, City and Mercy wish to amend the Sanitary Sewer and Storm Water Management
Easement Agreements to reflect the respective rights and obligations of the parties with respect to
the concrete retaining wall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Amendment to,. Sanitary Sewer and Storm Water Management Easement Agreements
attached hereto be,tween the City of Iowa City and Mercy Hospital, Iowa City, Iowa, are hereby
approved.
2. The Mayor is hereby authorized to sign and the City Clerk to attest said documents.
Resolution No. 01-149
Page 2
Passed and approved this 12th day of ,lunP ,2001.
Approved by
sarah/landuse/mercy strm wtr mngt amend res
Resolution No. 01-149
Page 3
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Michael ./. Pugh 321 E. Market Street Iowa City, IA 52244 (319) 354-1104
AMENDMENT TO STORM WATER MANAGEMENT EASEMENT
AGREEMENT FOR FIRST AND ROCHESTER COMMERC/AL SUBD/VISION,
PART ONE, IOWA CITY, IOWA
This Amendment to St Water Mana eme
into on the/,a da of~ oct g nt Easement Agreement is made and enter
assigns e
and the City s successors in interest and
, of Iowa City, Iowa, hereafter referred to as "City", which expressions shall
include its successors in interest and assigns.
RECITALS
1. Mercy is the owner of property located along First Avenue, Iowa City, Johnson
County, Iowa, more particularly described as follows and which parcel is hereafter referred to as
the "Mercy Parcel": ,
Lot 2, First and Rochester Commercial Subdivision, Part One, and addition
to the City of Iowa City, Iowa, according to the plat thereof recorded in
Book 33, page 92, Plat Records of Johnson County, Iowa.
2. The Mercy Parcel is subject to that certain Storm Water Management Easement
Agreement for First and Rochester Commercial Subdivis on, Part One, Iowa City, Iowa, which
document is dated February 17, 1993 and was recorded March 3, 1993 in Book 1508 at Page 303
of the Records of Johnson County, Iowa (hereafter "Storm Water Management Easement").
3. Mercy wishes to construct certain improvements on the Mercy Parcel which will
include the construction of a concrete retaining wall on or near the Storm Water Management
Easement area.
4. The Storm Water Management Easement agreement prohibits the owner of the
Mercy Parcel from constructing any buildings, fences or other structures on the easement area.
5. The City is willing to allow Mercy to construct a concrete retaining wall on or near
the easement area in consideration for which Mercy is willing to indemni~ the City against any
costs associated with the construction or replacement of the concrete retaining wall.
6. The parties wish to amend the Storm Water Management Easement agreement to
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafier set forth, it is agreed between the parties that the Storm Water Management Easement
agreement is hereby amended as follows:
1. Mercy and its successors in interest and assigns, at its sole expense, may construct
a concrete retaining wall in the Storm Water Management Easement area located on the Mercy
Parcel in accordance with the site plan approved by the City. This amendment shall not be
construed to impose a requirement on the City to install the concrete retaining wall at issue herein.
2. Mercy and its successors in interest and assigns, shall indemnify and hold harmless
the City from any damages or expenses associated with the concrete retaining wall arising from
the exercise of easements fights by the City, including, but not limited to, any replacement costs.
Specifically, the City shall not be responsible for the repair and/or replacement of said retaining
wall upon exercise of its rights hereunder, except in the event of the negligent exercise of said
rights. Additionally, the City shall not be responsible for any collateral damage caused by the
failure or removal of said wall for purposes consistent with the City's exercise of its fights
hereunder, and Mercy shall be responsible for all additional costs which may be incurred by City
due to the existence of said retaining wall within said easement upon City's exercise of its fights
hereunder.
3. All other terms and conditions of the Storm Water Management Easement
agreement shall remain unmodi~ed and in full force and effect.
4. This Amendment shall be construed as a covenant running with the land and shall
be binding upon the present and future owners of the real estate described herein and shall be
perpetual in duration unless terminated by written agreement of the parties or their respective
successors and assigns.
MERCY CITY
MERCY HOSPITAL, IOWA CITY, IOWA CITY OF IOWA CITY, IOWA
Ronald R. Reed, President Ernie W. Lehman, Mayor
'Ly TWhis, er, Vice-President ofOperatio.s Att : ·
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON )
On this a~7 day of t~PeJr'~ ,2000, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Ronald R. Reed and Lynn Whjsler, to me
personally known, who being by me duly sworn, did say that they are the President and Vice-
President of Operations of the corporation executing the within and foregoing instrument to
which this is attached, that no seal has been procured by the corporation that said instrument was
signed on behalf of the corporation by authority of its Board of Directors; and that Ronald R.
Reed and Lynn Whisler as 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.
Notary Public in and for the State of Iowa
Mona M. Peterschmidt
Notary Public, State of Iowa
No, 183082
Commission expires, January 31, 2002
STATE OF IOWA )
) Ss:
COUNTY OF JOHNSON )
On this J a day of 'T~ ~ c~ ,24~00, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Eruie Lehman and Marian 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, lowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council; and Eruie Lehman and
Marjan Karr acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
Prepared by: Michael J. Pugh 321 E. Market Street Iowa City, IA 52244 (319) 354-1104
AMENDMENT TO SANITARY SEWER EASEMENT
AGREEMENT FOR FIRST AND ROCHESTER COMMERCIAL SUBDIVISION,
PART ONE, IOWA CITY, IOWA
This __A~d~ent~too,,Sanitary Sewer Easement Agreement is made and entered into on the
/~ day of O~o~, f~by and between Mercy Hospital, Iowa City, Iowa, hereafter referred
to as "Mercy", which expression shall include its successors in interest and assigns, and the City
of Iowa City, Iowa, hereafter referred to as "City", which expressions shall include its successors
in interest and assigns.
RECITALS
1. Mercy is the owner of property located along First Avenue, Iowa City, Johnson
County, Iowa, more particularly described as follows, and which parcel is hereafter referred to as
the "Mercy Parcel":
Lot 2, First and Rochester Commercial Subdivision, Part One, and addition
to the City of Iowa City, Iowa, according to the plat thereof recorded in
Book 33, page 92, Plat Records of Johnson County, Iowa.
2. The Mercy Pamel is subject to that certain Sanitary Sewer Easement Agreement
for First and Rochester Commercial Subdivision, Part One, Iowa City, Iowa, which document is
dated February 17, 1993 and was recorded March 3, 1993 in Book 1508 at Page 303 of the
Records of Johnson County, Iowa (hereafter "Sanitary Sewer Easement").
3. Mercy wishes to construct certain improvements on the Mercy Parcel which will
include the construction of a concrete retaining wall on or near the Sanitary Sewer Easement area.
4. The Sanitary Sewer Easement agreement prohibits the owner of the Mercy Parcel
from constructing any buildings, fences or other structures on the easement area.
5. The City is willing to allow Mercy to construct a concrete retaining wall on or near
the easement area in consideration for which Mercy is willing to indemnify the City against any
costs associated with the construction or replacement of the concrete retaining wall.
6. The parties wish to amend the Sanitary Sewer Easement agreement to reflect the
respective fights and obligations of the parties with respect to the concrete retaining wall.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafter set forth, it is agreed between the parties that the Sanitary Sewer Easement agreement
is hereby amended as follows:
1. Mercy and its successors in interest and assigns, at its sole expense, may construct
a concrete retaining wall in the Sanitary Sewer Easement area on the Mercy Parcel in accordance
with the site plan approved by the City. This amendment shall not be construed to impose a
requirement on the City to install the concrete retaining wall at issue herein.
2. Mercy and its successors in interest and assigns, shall indemni& and hold harmless
the City from any damages or expenses associated with the concrete retaining wall arising from
the exercise of easements rights by the City, including, but not limited to, any replacement costs.
Specifically, the City shall not be responsible for the repair and/or replacement of said retaining
wall upon exercise of its rights hereunder, except in the event of the negligent exercise of said
rights. Additionally, the City shall not be responsible for any collateral damage caused by the
failure or removal of said wall for purposes consistent with the City's exercise of its rights
hereunder, and Mercy shall be responsible for all additional costs which may be incurred by City
due to the existence of said retaining wall within said easement upon City's exercise of its fights
hereunder.
3. Mercy and its successors in interest and assigns, shall also be solely responsible for
costs and expenses associated with displacing the weight of the concrete retaining wall above the
sanitary sewer pipe, including, but not limited to, replacing the existing pipe envelope with a
crushed stone encasement.
4. All other terms and conditions of the Sanitary Sewer Easement agreement shall
remain unmodi~ed and in full force and effect.
5. This Amendment shall be construed as a covenant running with the land and shall
be binding upon the present and future owners of the real estate described herein and shall be
perpetual in duration unless terminated by written agreement of the parties or their respective
successors and assigns.
MERCY CITY
MERCY HOSPITAL, IOWA CITY, IOWA CITY OF IOWA CITY, IOWA
Ronald R. Reed, President Ernie W. Lehman~ Mayor
'L~n~X~hisler, Vice-President of Operations Mari~n~.Karr, Clerk
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ~ '/ day of t/'~-~/~A ,2000, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Ronald R. Reed and Lynn Whisler, to me
personally known, who being by me duly sworn, did say that they are the President and Vice-
President of Operations of the corporation executing the within and foregoing instrument to
which this is attached, that no seal has been procured by the corporation that said instrument was
signed on behalf of the corporation by authority of its Board of Directors; and that Ronald R.
Reed and Lynn Whisler as 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.
Notary Public in and for the State of Iowa
Mona M Peterschmidt
Notary Public, State of Iowa
No 183082
Commission Expires. January 31, 2002
STATE OF IOWA )
) SS~
COUNTY OF JOHNSON )
On this/; day of ~'~ ,2000, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ernie Lehman and Marjan 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, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council; and Ernie Lehman and
Marian Karr acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
Prepared by: Michael J. Pugh 321 E. Markel Street Iowa City~ IA 52244 (319) 354-1104
AMENDMENT TO SANITARY SEWER EASEMENT
~EMENT FOR FIRST AND ROCHESTER COMMERCIAL SUBDIVISION,
PART ONE, IOWA CITY, IOWA
Thi Iment to Sanitary Sewer Easement Agreement is made and entered into on the
~ day 2000 by and between Mercy Hospital, Iowa City, Iowa, hereafter referred
to as "Mercy", shall include its successors in ' and assigns, and the City
oflowa City, Iowa, referred to as "City", which expres shall include its successors
in interest and assigns.
RECITALS
1. Mercy is the ~erty First Avenue, lowa City, Johnson
County, Iowa, more particularly ~ed which parcel is hereafter referred to as
the "Mercy Parcel":
Lot 2, First and Ro Part One, and addition
to the City of Iowa City, according to the plat thereof recorded in
Book 33, page 92, Plat Recc Johnson County, Iowa.
2. The Mercy Parcel is sub that rtain Sanitary Sewer Easement Agreement
for First and Rochester Commercial S ~n, Part he, Iowa City, Iowa, which document is
dated February 17, 1993 and was re c March 3, 993 in Book 1508 at Page 303 of the
Records of Johnson County, Io~ ,a ( re ;Sanitary Se r Easement").
3. Mercy wishes to c nst~ certain improveme s on the Mercy Parcel which will
include the construction of a c~ Z ining wall on or near t Sanitary Sewer Easement area.
4. The Sanitary Se ,er Easement agreement prohibits t owner of the Mercy Parcel
t ng wall on or near
the easement area in consi~ which Mercy is willing to indemnify\the City against any
costs associated with the struction or replacement of the concrete retaining x~ll.
6. The partie wish to amend the Sanitary Sewer Easement agreement~treflect the
respective rights and obligations of the parties with respect to the concrete retaining wall.
NOW, THEEFOE, in consideration of the above recitals and the mutual covenants
hereinafter set forth, it is agreed between the parties that the Sanitary Sewer Easement agreement
is hereby amended as follows:
1. Mercy and its successors in interest and assigns, at its sole expense, may construct
a concrete retaining wall in the Sanitary Sewer Easement area on the Mercy Parcel in accordance
with the site plan approved by the City. This amendment shall not be construed to impose a
requirement on the City to install the concrete retaining wall at issue herein~
2. M cy and its successors in interest and assigns, shall indemnify and hold harmless
the City from any ages or expenses associated with the concrete retaining wall arising from
the exercise of easemen rights by the City, including, but not limited to, any replacement costs.
Specifically, the City shal ot be responsible for the repair and/or replacement of said retaining
wall upon exercise of its rig s hereunder, except in the event of the negligent exercise of said
rights. Additionally, the City s 11 not be responsible for any collateral damage caused by the
failure or removal of said wall purposes consistent with th¢City's exercise of its rights
hereunder, and Mercy shall be respon 'ble for all additional cost, s/which may be incurred by City
due to the existence of said retaining w within said easeme9( upon City's exercise of its rights
hereunder.
3. / shall also be solely responsible for
costs and expenses associated with displacing of the concrete retaining wall above the
sanitary sewer pipe, including, but not limited tc >lacing the existing pipe envelope with a
crushed stone encasement.
4. All other terms and conditions Sewer Easement agreement shall
remain unmodified and in full force and effect
5. This Amendment shall be as a g with the land and shall
be binding upon the present and future of the real described herein and shall be
perpetual in duration unless written parties or their respective
successors and assigns.
MERCY CITY
MERCY HOSPITAL, IOWA CI'] IOWA CITY IOWA CITY, IOWA
Ronald R. Reed, Ernie W. Mayor
LS)~fnn Whisler, Vice-Prelident of Operations Marian K. Karr, Clerk
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ~ '7 day of (z'~d~,n , 2000, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Ronald R. Reed and Lynn Whisler, to me
personally known, who being by me duly sworn, did say that they are the President and Vice-
President of Operations the corporation executing the within and foregoing instrument to
which this is attached, seal has been procured by the corporation that said instrument was
signed on behalf of the cor by authority of its Board of Directors; and that Ronald R.
Reed and Lynn Whisler as I the execution of the foregoing instrument to be
the voluntary act and deed rporation, by it and by them voluntarily executed.
Notary Public. State of bwv
No 183082
Commlsslon Expires ,lar~uar..I 31. 2002
STATE OF IOWA )
COUNTY OF JOHNSON )
On this day of , :ZOO0, ,re me the undersigned, a Notary
Public in and for the State of Iowa, appeared ~ ehman and Madan Karl to me
personally known, who, being by me ~, did say that the are the Mayor and City Clerk,
respectively, of the City of Iowa Cit, a municipal corporati ; that the seal atfixed to the
foregoing instrument is the corporat~ seal, the corporation, and th t the instrument was signed
the volunta~ ~ct and deed orthe co~ , it voluntarily executed. ~,
Notary Public in and for the State of Iowa
Prepared by: Michael J. Pugh 321 E. Market Street Iowa City, IA 52244 (319) 354-1104
AMENDMENT TO STORM WATER MANAGEMENT EASEMENT
AGREEMENT FOR FIRST AND ROCHESTER COMMERCIAL SUBDIVISION,
PART ONE, IOWA CITY, IOWA
This Amendment to Stc Water Management Ease ent Agreement is made and entered
into on the ~ day 3f Oc' >ber, 2000 by and betwee Mercy Hospital, Iowa City, Iowa,
herealter referred to as ;'IV erc ~ which expression sha include its successors in interest and
ass~ and the Oty of Iowa C~l Iow. a, herealter refi red to as "City", which expressions shall
· ' ' assigns. ~
RECI,T/ALS
1. Mercy is the owner ' located along First Avenue, Iowa City, Johnson
County, Iowa, more particularly as follows, and which parcel is herealter referred to as
the "Mercy Parcel":
Lot 2, First and Rochester Subdivision, Part One, and addition
to the City of Iowa City, according to the plat thereof recorded in
Book 33, page 92, Plat Records 'Johnson County, Iowa.
2. The Mercy Parcel is subject to certain Storm Water Management Easement
Agreement for First and Rochester rcial Part One, Iowa City, Iowa, which
document is dated February !7, 1993 and March 3, 1993 in Book 1508 at Page 303
of the Records of Johnson COunty, Management Easement").
3. Mercy wiahes to construct certain ' on the Mercy Parcel which will
include the constructio~lof a concrete retaining wall on o near the Storm Water Management
Easement area. ; nottL~n;
'\
costs associated with the construction or replacement of the concrete retaining wall.
6. The pa~ies wish to amend the Storm Water Management Easement agreement to
reflect the respective rights and obligations of the pa~ies with respect to the concrete retaining
wall.
NOW, THEEFOE, in consideration of the above recitals and the mutual covenants
hereinafter set forth, it is agreed between the parties that the Storm Water Management Easement
agreement is hereby amended as follows:
1. Mercy and its successors in interest and assigns, at its sole expense, may construct
Parcel in accordance with the r This amendment shall not be
construed to impose a requirement on' he City to install the retaining wall at issue herein.
2. Mercy and its successors in interest and assi and hold harmless
the City from any damages or associated with retaining wall arising from
the exercise of easements rights by including, limited to, any replacement costs.
Specifically, the City shall not be respo ible for the and/or replacement of said retaining
wall upon exercise of its rights except in event of the negligent exercise of said
rights. Additionally, the City shall not any collateral damage caused by the
failure or removal of said wall for put ises with the City's exercise of its rights
hereunder, and Mercy shall be responsible .1 costs which may be incurred by City
due to the existence of said retaining wall easement upon City's exercise of its rights
hereunder. /
3. All other terms and of the Storm Water Management Easement
agreement shall remain unmodified and in ~dll and effect.
4. This Amendment shall b~ a covenant running with the land and shall
be binding upon the present and fut~ owners F the real estate described herein and shall be
perpetual in duration unless terminated by ' agreement of the parties or their respective
successors and assigns. .,
/
/
MERCY : CITY
MERCY HOSPITAL, IOWA J~ITY, IOWA CITY OF IOWA CITY, IOWA
/
/
/
/
By: " Attest:
Lynn Whisler, Vice-President of Operations Marjan K. Karr, Clerk
STATE OF IOWA )
COUNTY OF JOHNSON )
On this ,,~7 day of t~t_/r'~ ,2000, before me, the undersigned, a Notary Public
in and for the ii~e of Iowa, personally ~ppeared Ronald R. Reed and Lynn Whisler, to me
personally known, who being by me duCtonsworn, did say that they, are the President and Vice-
signed on behalf of the corporation by thority of its Boar of Directors; and that Ronald R.
Reed and Ly~ Whisler as officers a~ ~e< the execu 'on of the Bregoing instrument to be
the volunta~ act and deed of the cot by it and b rily executed.
~ Public in and for the State of lowa
Mona M Pete~chm~t
, Nota~ Public, State of Iowa
,/ No 183082
/ Commission Expires, Janua~ 31. 2002
STATE OF IOWA )
) ssT'
CO~Y O~ JO~SON ) /
/
/
On this day of before me the undersigned, a Nota~
Public in and for t~e State of
personally known, w~o, being by/me duly sworn, did they are the Mayor and City Clerk,
respectively of the City of ]o~ZoCity Iowa a municipal ,oration; that t~e seal a~xed to the
foregoing i~st~ment is t~e c rate 'seal o~ the corporation, the inst~ment was signed
nd I d o h If Council; and Erie Le~ and
a sea e n be a of the c, orporaion, by authority of its
Madan Ka~ acknowledged ~e execution of the inst~ment to volunta~ act and deed and
the volunta~ act and deed ~fthe corporaion, by it voluntaril'
Nota~ Public in and for the State of iowa
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 01-150
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE
PROPERTY LOCATED AT 1710 F STREET, IOWA CITY, IOWA.
WHEREAS, on February 16, 2001, the owner of 1710 F Street executed a conditional
occupancy Mortgage in the amount of $2,785 through the City's Housing Rehabilitation
Program; and
WHEREAS, the rehab expenses of the property were only $2,478.60; and
WHEREAS, the balance of the Mortgage was paid off on May 22, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
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 1710 F
Street, Iowa City, Iowa from the Mortgage recorded on February 28, 2001, Book 3039, Page
341 through Page 345 of the Johnson County Recorder's Office.
Passed and approved this 12th day of ,June ,20
Approved by
It was moved by Champion and seconded by 0'Donne]l the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X ' Lehman
X O'Donnell
X Pfab
× Vanderhoef
× Wilburn
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa ~ity, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 1710 F Street, Iowa City, Iowa, and
legally described as follows:
The East half of Lot Eight (8) in Block Forty-Eight (48), in East Iowa City, Iowa,
according to the recorded plat thereof,
from an obligation of the owner, Lucas John Donahue, to the City of Iowa City in the total
amount of $2,785 represented by a Mortgage recorded on February 28, 2001, Book 3039,
Page 341 through Page 345 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
City Attomey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of, A.D. 20 oI , before me, the undersigned, a Notary Public in and for said County,
in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally
known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of said municipal corporation executing the within and foregoing instrument; that the seal affixed
thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of
the corporation by authority of its _CJj~.ouncil, as contained in Resolution No. o~-~.~o, adopted by
the City Council on the/~- ~' day, 20~1 and that the said Ernest W. Lehman and Marian K.
Karr as such officers acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily executed.
,S,,,,eC-,c~ '-P-,,-t-/2 =:/59
Notary Public in and for Johnson County, Iowa
?
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 01-151
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO
THE RELEASE OF LIEN REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED
AT 933 EAST DAVENPORT STREET, IOWA CITY, IOWA.
WHEREAS, on July 18, 1997, the owner of 933 East Davenport Street executed a conditional
occupancy Mortgage ($4,526); and
WHEREAS, on March 15, 1999, the owner executed a conditional occupancy Mortgage ($5,170)
and a five-year declining balance Mortgage ($6,000); and
WHEREAS, on April 18, 2000, the owner executed a conditional occupancy Mortgage ($624); and
WHEREAS, the Mortgages were paid off on May 15, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
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 933 East Davenport Street,
Iowa City, Iowa from the Mortgage recorded on July 25, 1997, Book 2313, Page 180 through Page
184; and from the two Mortgages recorded on March 26, 1999, Book 2701, Page 189 through
Page 200; and from a Mortgage recorded on May 24, 2000, Book 2956, Page 247 through Page
251 of the Johnson County Recorder's Office.
Passed and approved this 121:h day of June ,20 01 .
Approved by
Ci-I~'~CLERK
City Attorney's Office
It was moved by Champion and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
x Pfab
X Vanderhoef
X Wilburn
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 933 East Davenport Street, Iowa City,
Iowa, and legally described as follows:
The West 61.8 feet of the East 81.8 feet of the North 150 feet of Out Lot 7, of Iowa City,
Iowa, according to the recorded plat thereof.
from an obligation of the owner, Elsa M Chaney, to the City of Iowa City in the total amount of
$16,320 represented by the Mortgage recorded on July 25, 1997, Book 2313, Page 180
through Page 184; and from the two Mortgages recorded on March 26, 1999, Book 2701, Page
189 through Page 200; and from a Mortgage recorded on May 24, 2000, Book 2956, Page 247
through Page 251 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
Approved by
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~- day of q~-~./-F__ , A.D. 20 o l , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively. of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. c,I-/51 , adopted by the City Council on the ,';- day ~1r "~.
,20 o l and that the said Ernest W. Lehman and Marjan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (3'~9) 356-5246
RESOLUTION NO. 01-152
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TO THE RELEASE OF LIEN REGARDING TVVO MORTGAGES AND A
PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 915 HUDSON AVENUE,
IOWA CITY, IOWA,
WHEREAS, on March 30, 2000, the owner of 915 Hudson Avenue executed a conditional
occupancy Mortgage in the amount of $436 and a five-year declining balance Mortgage and
Promissory Note in the amount of $654 for a total amount of $1,090 through the City's Housing
Rehabilitation Program; and
WHEREAS, the balance of the Mortgages was paid off on May 29, 2001; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
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 915
Hudson Avenue, Iowa City, Iowa from the Mortgages recorded on April 6, 2000, Book 2929,
Page 184 through Page 193; and a Promissory Note recorded on April 7, 2000, Book 2930,
Page 94 through Page 95 of the Johnson County Recorder's Office.
Passed and approved this 12th day of aune ,20 01
Approved by
City Attorney's Office
It was moved by Champ'ion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
'X' Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrehab/res/915hudsondoc
Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 915 Hudson Avenue, Iowa City, Iowa,
and legally described as follows:
Lot 28 in Bailey and Beck's Addition to Iowa City, IA
from an obligation of the owner, Mary E. Sweeting, to the City of Iowa City in the total amount of
$1,090 represented by two Mortgages recorded on April 6, 2000, Book 2929, Page 184 through
Page 193; and a Promissory Note recorded on April 7, 2000, Book 2930, Page 94 through
Page 95 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby rele d from any liens or clouds
upon title to the above property by reason of said prior recorde ment.
Approved by
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this/3 day of '~f_ , A.D. 20 o l , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marjan 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 th~ seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. o/-lsa- , adopted by the City Council on the/a- day o-[- ~,,J~,j F_.
,20 o~ and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
_~,~:/.,~_. 'F"~.-~, ~/5? '7,~ /
Notary Public in and for Johnson County Iowa
~ Orn~,n;SS;ott ' ~[~O5
Prepared by: Mitchel T. Behr, Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 01-153
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE NECESSARY AGREEMENTS AND EASEMENTS FOR THE
DEVELOPMENT OF LOT 25, HIGHLANDER DEVELOPMENT SECOND ADDITION,
IOWA CITY, IOWA, AND THE PARCEL OF LAND LOCATED DIRECTLY EAST
THEREOF, PER THE APPROVED SITE PLAN
WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owner of Lot
25, Highlander Development Second Addition, Iowa City, Iowa, and the parcel of land located
directly adjacent to the east thereof, submitted a site plan for development of said property; and
WHEREAS, City staff approved the site plan subject to the property owner executing appropriate
easement agreements and a development agreement to ensure the construction of improvements
per the site plan and to maintain the integrity of the improvements necessary to support the
development; and
WHEREAS, execution of the necessary agreements and easements allows development of the
property and ensures the integrity of the public improvements serving Lot 25, Highlander
Development Second Addition, and the parcel of land located directly adjacent to the east thereof;
and
WHEREAS, execution of the necessary easements and agreements are in the pubtic interest of
the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the necessary
easement agreements and development agreement for Lot 25, Highlander Development
Second Addition, Iowa City, Iowa, and the parcel of land located directly adjacent to the
east thereof.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to
record the same with the above-referenced easement agreements and development
agreement in the Johnson County Recorder's Office at the expense of the owner,
Physicians Building Group, L.LC.
Passed and approved this 12th ~
day of J
ATTEST: '~c~-~.~,~'
CITY CLERK
mitch'dot 25 highlander res
Resolution No. 01-153
Page 2
It was moved by Champ'ion and seconded by 0'Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110
RESOLUTION NO. 01-154
RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE
MERCER PARK CONCESSION/RESTROOM FACILITY.
WHEREAS, the Parks and Recreation Department has recommended that the work for the
construction of the Mercer Park Concession/Restreom Facility, as included in a contract
between the City of Iowa City and Moore Construction Company of Iowa City, dated
November 7, 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 12th day of June ,2001.
MAYOR
Approved by
City Attorney's Office
It was moved by Champion and seconded by 0'Donne'l ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
T O'Donnell
X Pfab
X Vanderhoef
X Wilburn
parksrec\res\prkrnntbld ,dec
Prepared by: Robert Miklo, Sr. PJanner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 01-155
RESOLUTION APPROVING FINAL PLAT OF PENINSULA NEIGHBORHOOD,
FIRST ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, the City of Iowa City filed with the City Clerk the final plat of Peninsula
Neighborhood, First Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
A part of Auditors Parcel No. 2001020, as recorded in the Office of the Johnson County
Recorder; and located in the Southwest Quarter of Section 4, Township 79 North, Range
6 West of the 5th Principal Meridian, Johnson County, Iowa, more particularly described
as follows:
Commencing at the South Quarter Corner of Section 4, Township 79 North, Range 7
West of the 5t~ P.M., Johnson County, Iowa; Thence N01°39'04"W, 1317.71 feet to the
North Line of the Southeast Quarter of the Southwest Quarter of said Section 4; Thence
S89°42'21"W, 562.55 feet to the Northeast Corner of Auditor's Parcel 2001020; Thence
S89°44'39"W, 330.00 feet along Auditors Parcel 2001020; Thence N01°37'04"W, 203.27
feet along an easterly line of said parcel to the Point of Beginning; Thence N01 °39'47"W,
779.35 feet along an easterly line of said Auditors Parcel 2001020; Thence S76°14'45"W,
468.87 feet along a northerly line of said Auditors Parcel 2001020; Thence N65°31'42"W,
517.98 feet along a northerly line of said parcel; Thence S27046'06"W, 217.50 feet;
Thence S62°13'54"E, 15.70 feet; Thence S27°46'06"W, 178.00 feet; Thence
S62013'54"E, 313.28 feet; Thence N29°51'49"E, 8.47 feet; Thence S60°00,57"E, 386.25
feet; Thence N29°51'49"E, 226.16 feet; Thence S85°42'14"E, 163.84 feet; Thence
S30°01'32"W, 262.34 feet; Thence S60°08'11"E, 191.33 feet; Thence S00°01'28"W,
54.60 feet; Thence S89°59'01"E, 193.26 feet to the Point of Beginning; and containing
11.99 acres, subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; iand
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(1999) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
Resolution No. 01-155
Page 2
2. The City accepts the dedication of the streets, alleys, and easements as provided by law
and specifically sets aside portions of the dedicated land, namely streets and alleys, as not
being open for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the final
plat after passage and approval by law. The City Clerk shall record the legal documents
and the plat at the office of the County Recorder of Johnson County, Iowa at the expense
of the owner/subdivider.
Passed and approved this 12th day of June ,, 20 01 .
MAYOR
Approved by
ATTE ST: ~7,~.~,-~ ,~. ~ ~~
ppdadmin~res~peninsulanghbd.doc
Resolution No. 01-155
Page 3
It was moved by Chamt~ion and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
T O~Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared : Robert Mjklo, Sr, Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO,
RESOLUTION APPROVING FINAL PLAT OF PENINS/IjLA
Neighborhood, First Addition, Io a Ci~, Iowa, Johnson County, Iowa; and
WHEREAS, sa~d subd~ws~on ~s Io ated on the following-described r~ estate ~n Iowa C~,
Johnson Count~ Iowa ~o'~it ;~e ' ' /' ' '
A pad of Auditors Parcel No. 2~G~020, as recorded in thVO~ of the Johnson
County Recorder; in the SouthweSt Qua~er of Sectio/4, Township 79 Noah,
Range 6 West of the 5 h Principal Meridian, Joh~0n
t Count, Iowa, more
pa~icularly described as follows: ~
Commencing at the South Quatier 4, Township 79 Noah,
Range 7 West of the ~h P.M., Iowa; Thence N01 °39'04"W,
1317.71 feet to the Noah Line of the East ~der of the Southwest Quatier of
said Section 4; Thence S89°42'21 "W, 562. a Nodheasterly Corner of
Auditor's Parcel 2001020; Then~ S89~ 330.00 feet along Auditors
Parcel 2001020; Then~ N01o37'40"W 2 along an easterly line of said
parcel to the Point of Beginning; Th~ N01°E ~7"W, 779.35 feet along an
easterly line of said Auditors Parcel S76°14'45"W, 468.87 feet
along a no~herly line of said Audi Par~l 0; Thence N65°31'42"W,
517.98 feet along a no~herly said S27°46'06"W, 217.50
feet; Thence S62°13'54"E, 178.00 feet; Thence
S62°13'54"E, 313.28 feet; The N29°51'49"E, 8.47 S60°00,57"E,
386.25 feet; Thence N29~51'z 226.16 feet; Thence 163.84 feet;
Thence S30°01 '32"W fe Then~ S60°08'11 "E, feet; Thence
S00°01'28"W, 54.39 S89°59'01"E, 193.27 to the Point of
Beginning; and containir acres, subject to easements a d restrictions of
Depadment examined the a
recommended that sa I ,
WHEREAS, a ded has been made to the public, and the subdivision has be~ made with
the free consent ~d in accordance with the desires of the owners and proprietors;
WHEREAS, final plat and subdivision are found to conform with Chapter 354, Cod~f Iowa
(1999) and and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CI~ COUNCIL OF THE CI~ OF IO~A
CI~, IOWA, THAT:
Resolution No.
Page 2
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the'dedication of the streets, alleys, and easements as provided. by law
U
3. The Mayor and City Clerk o the City of Iowa City, Iowa, are hereby ai~thorized and
directed, upon approval by the ity Attorney, to execute all legal docu.ments relating to
said subdivision, and to certify a y of this resolution, which shall be affixed to the final
of the owner/subdivider. \\
Passed and appreved this day of ,, / , 20
MAYOR
by
ATTEST:
CITY CLERK
It was moved by and by he Resolution be
adopted, and upon roll call there were:
AYES: ABSENT:
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
Prepared by: Sarah E. Holecek, 1= Asst. City Arty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF THE PROPERTY KNOWN AS
PENINSULA NEIGHBORHOOD, FIRST ADDITION, IN IOWA CITY, IOWA, TO
TERRY L, STAMPER HOLDINGS, L.L.C.
WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City
of Iowa City and Terry L. Stareper Holdings, L.L.C. ("Stamper') appreved by Resolution No. 00-
231 of the City Council dated June 29, 2000, and amendments thereto ("Agreement"), Stamper
has agreed to develop a tract of land known as the Peninsula Neighborhood; and
WHEREAS, the City Council will consider and intends to approve the final plat of the Peninsula
Neighborhood, First Addition, at its meeting scheduled for May 15, 2001; and
WHEREAS, pursuant to said Agreement, Stareper has agreed to purchase the Peninsula
Neighborhood, First Addition, for a price equal to a per-unit base price of $3,171.00 multiplied by
the total number of final site-plan appreved units; and
WHEREAS, said Peninsula Neighborhood, First Addition, is located in Iowa City, Johnson County,
Iowa, and is described as follows:
A part of Auditors Parcel No. 2001020, as recorded in the Office of the Johnson
County Recorder; in the Southwest Quarter of Section 4, Township 79 North,
Range 6 West of the 5b Principal Meridian, Johnson County, Iowa, more
particularly described as follows:
Commencing at the South Quarter Corner of Section 4, Township 79 North,
Range 7 West of the 5t~ P.M., Johnson County, Iowa; Thence N01°39'04"W,
1317.71 feet to the North Line of the East Quarter of the Southwest Quarter of
said Section 4; Thence S89°42'21"W, 562.55 feet to a Northeasterly Corner of
Auditors Parcel 2001020; Thence S89°44'39"W, 330.00 feet along Auditors
Parcel 2001020; Thence N01°37'40"W 203.27 feet along an easterly line of said
parcel to the Point of Beginning; Thence N01°39'47"W, 779.35 feet along an
easterly line of said Auditors Parcel 2001020; Thence S76°14'45"W, 468.87 feet
along a northerly line of said Auditors Parcel 2001020; Thence N65°31'42"W,
517.98 feet along a northerly line of said parcel; Thence S27°46'06"W, 217.50
feet; Thence S62°13'54"E, 15.70 feet; Thence S27°46'06"W, 178.00 feet;
Thence S62°13'54"E, 313.28 feet; Thence N29°51'49"E, 8.47 feet; Thence
S60°00,57"E, 386.25 feet; Thence N29°51'49"E, 226.16 feet; Thence
S85°42'12"E, 163.84 feet; Thence S30°01'32"W feet; Thence S60°08'11"E,
191.33 feet; Thence S00°01'28"W, 54.39 feet; Thence S89°59'01"E, 193.27 feet
to the Point of Beginning; and containing 12.09 acres, subject to easements and
restrictions of record.
Resolution No.
Page 2
WHEREAS, on May 8, 2001 the City Council adopted a Resolution declaring its intent to convey
its interest in the parcel, authorizing the publication of public notice of the proposed conveyance,
and setting the date and time for public headng; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the
conveyance of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed
conveying the City's interest in the Peninsula Neighborhood, First Addition, described
above to Terry L Stamper Holdings, L.LC., in accordance with said Agreement at a price
equal to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan
approved units.
2. The City Attorney is authorized to deliver said Warranty Claim Deed to Terry L. Stareper
Holdings, L.LC. The deed, and any other documentation required by Iowa Code §364.7
(2001), shall be recorded by the City Attorney's Office in the Johnson County Recorders
Office at the purchasers' expense.
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
Passed and approved this day of ,2001.
MAYOR
A'ITEST:
CITY CLERK
Approved by
marym~land-acq~vacation & disposition~peninsula~res convey
I 06-~-01 I
Prepared by: Termy Trueblood, Parks & Recreation, 410 E. Washington St., Iowa Ciiy, IA 52240 (319) 356-5110
RESOLUTION NO. 01-156
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA
CITY KICKERS SOCCER PARK PARKING LOT RESURFACING 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 10:00 a.m. on the 28th day of June, 2001,
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 10th day
of July, 2001, 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 12th day of Jun¢,~ , . __
Approved by
ATTEST: )/Z~-~:~ ~b:", ~,~,L/) ~Z//--/~"[."/
CITY CLERK ~ orney's Office
Y
pamsredres]kickersparkingletdc~
Resolution No, 01-156
Page 2
It was moved by Pfab 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
'~ Pfab
× Vanderhoef
X Wilbum
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 12th day of June, 2001. 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:
GENERAL OBLIGATION BONDS, Series 2001, in the amount
of $11,500,000, to be dated June 15, 2001 (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 1800, 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 attomeys 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 right 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.
sXMarian K. Karr
City Clerk of the City of Iowa City, Iowa
Council Member Vanderhoef introduced the following Resolution
entitled "RESOLUTION DIRECTING SALE OF $I 1,500,000 GENERAL
OBLIGATION BONDS," and moved its adoption. Council Member
Champion seconded the motion to adopt. The roll was called and the
vote was,
AYES: Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef,
Wilbrun. Champion
NAYS: None
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 01-157
RESOLUTION DIRECTING SALE OF $ I 1,500,000
GENERAL OBLIGATION 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:
$I 1,500,000 GENERAL OBLIGATION BONDS:
Bidder: Dain Rauscher of Chicaqo, IL
the terms of said bid being:
Purchase Price: $ 11,469,682.11
True Interest Rate: 4. 535416 %
Net Interest Cost $ 4,485,526.59
-4-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby detennined 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 lgthday of June ,2001.
ATTEST:
City Clerk
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d/~ ! 66-t2-61
: 15
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 01-158
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $11,500,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the construction,
reconstruction, and repairing of street improvements, skywalks and water works, water
mains and extensions; the construction, reconstruction, extension and improving of
facilities useful for the collection, treatment and disposal of sewage and industrial waste
in a sanitary manner, for the collection and disposal of surface waters and streams and
drainage improvements; the rehabilitation, improvement and equipping of existing city
parks; the reconstruction, extension and improvement of the Municipal Airport; the
improvement of real estate for cemeteries and the construction and reconstruction of other
cemetery facilities; the equipping of the fire, police, sanitation, street and civil defense
depatlments; acquiring and developing a geographic computer data base system for
automated mapping and facilities management, essential corporate purposes, and it is
deemed necessary and advisable that General Obligation Bonds in the mount of
$9,825,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of $9,825,000 of Bonds, and the Council is therefore now
authorized to proceed with the issuance of $8,735,000 of the Bonds; and
WHEREAS, the City is in need of funds to pay costs of the development,
construction, improvement and equipping of a new city park; Civic Center HVAC
replacement and the acquisition of art for public buildings; general corporate purposes,
and it is deemed necessary and advisable that General Obligation Bonds in the amount of
$670,000 be issued for said purpose; and
WHEREAS, the City is in need of funds to pay costs of the improvements to the
baseball field complex in Mercer Park; the construction of a skateboard facility for a city
park; the construction of a downtown transit interchange facility and equipment for city
buildings; general corporate purposes, and it is deemed necessary and advisable that
General Obligation Bonds in the amount of $695,000 be issued for said purpose; and
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 01-158
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $ l 1,500,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of the construction,
reconstruction, and repairing of street improvements, skywalks and water works, water
mains and extensions; the construction, reconstruction, extension and improving of
facilities useful for the collection, treatment and disposal of sewage and industrial waste
in a sanitary manner, for the collection and disposal of surface waters and streams and
drainage improvements; the rehabilitation, improvement and equipping of existing city
parks; the reconstruction, extension and improvement of the Municipal Airport; the
improvement of real estate for cemeteries and the construction and reconstruction of other
cemetery facilities; the equipping of the fire, police, sanitation, street and civil defense
departments; acquiring and developing a geographic computer data base system for
automated mapping and facilities management, essential corporate purposes, and it is
deemed necessary and advisable that General Obligation Bonds in the amount of
$9,825,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by Section 384.25 of said
Code, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of $9,825,000 &Bonds, and the Council is therefore now
authorized to proceed with the issuance of $8,735,000 of the Bonds; and
WHEREAS, the City is in need of funds to pay costs of the development,
construction, improvement and equipping of a new city park; Civic Center HVAC
replacement and the acquisition of art for public buildings; general corporate purposes,
and it is deemed necessary and advisable that General Obligation Bonds in the amount of
$670,000 be issued for said purpose; and
WHEREAS, the City is in need of funds to pay costs of the improvements to the
baseball field complex in Mercer Park; the construction of a skateboard facility for a city
park; the construction of a downtown transit interchange facility and equipment for city
buildings; general corporate purposes, and it is deemed necessary and advisable that
General Obligation Bonds in the amount of $695,000 be issued for said purpose; and
-7-
WHEREAS, the City is in need of funds to pay costs of the acquisition,
enlargement, improvement and equipping of a Public Works Complex; general corporate
purposes, and it is deemed necessary and advisable that General Obligation Bonds in the
amount of $700,000 be issued for said purpose; and
WHEREAS, the City is in need of funds to pay costs of the acquisition and
construction of a transit intermodal facility; a general corporate purpose, and it is deemed
necessary and advisable that General Obligation Bonds in the amount of $700,000 be
issued for said purpose; and
WHEREAS, the City has a population of more than 5,000 but not more than
75,000; and
WHEREAS, pursuant to notice published as required by Section 384.26 of said
Code, the Council of the City has held public meetings and hearings upon the proposal to
institute proceedings for the issuance of bonds for general corporate purposes in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance thereof; and
WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby
found and determined that the various general obligation bonds authorized as
hereinabove described shall be combined for the purpose of issuance in a single issue of
Corporate Purpose Bonds as hereinafter set forth; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the
above mentioned bonds were heretofore sold at public sale and action should now be
taken to issue said bonds conforming to the terms and conditions of the best bid received
at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, 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:
"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 $11,500,000 General Obligation 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.
"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.
· "Issuer" and "City" shall mean the City of Iowa City, Iowa.
"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 catty 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.
· "Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Bonds.
· "Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
"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.
"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 City Treasurer 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.
Section 2. Levy and Certification of Annual Tax: Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay
the principal and interest of the Bonds hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in Iowa City, Iowa, to-wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$ 982,579 2001/2002 *
$1,167, 105 2002/2003
$1,154,705 2003/2004
$1,146,705 2004/2005
$1,142,905 2005/2006
$1,038, 105 2006/2007
$1,034,630 2007/2008
$1,035,092 2008/2009
$1,034,280 2009/2010
$1,037,193 2010/2011
$1,032,630 2011/2012
$1,035,730 2012/2013
$1,036,170 2013/2014
$1,038,870 2014/2015
$1,038,510 2015/2016
· to be paid from other funds.
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(NOTE: For example the levy to be made and certified against the taxable
valuations of January 1, 2000, will be collected during the fiscal year commencing
July 1, 2001).
(b) Resolution to be Filed With Coun.ty Auditor. A certified copy of this
Resolution should be filed with the County Auditor of Johnson County, Iowa, and
said Auditor is hereby instructed in and for each of the years as provided, to levy
and assess the tax hereby authorized in Section 2 of this Resolution, in like
manner as other taxes are levied and assessed, and such taxes so levied in and for
each of the years aforesaid be collected in like mariner as other taxes of the City
are collected, and when collected be used for the purpose of paying principal and
interest on said Bonds issued in anticipation of said tax, and for no other purpose
whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at
any time when the proceeds of said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from current funds of the City available for
that purpose and reimbursement shall be made from such special fund in the
amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each year at the same time and
in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fired within the Debt Service Fund to be
known as the "GENERAL OBLIGATION BOND FUND 2001 NO. I" (the "Bond
Fund"), which is hereby pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafier authorized to be issued; and also there
shall be apportioned to said fund its proportion of taxes received by the City from
railway, express, telephone and telegraph companies and other taxes assessed by the
Iowa State Department of Revenue.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than
accrued interest except as may be provided below shall be credited 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 shall be insufficient to the purpose, in which event
such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on
hand in the Project Fund and not immediately required for its purposes may be invested
not inconsistent with limitations provided by law or this Resolution. Accrued interest, if
any, shall be deposited in the Bond Fund.
-11-
Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond
Fund, provided for by Section 3 of this Resolution shall be invested in investments
permitted by Chapter 12B, Code of Iowa, 2001 (formerly Chapter 452, Code of Iowa, as
amended) or deposited in financial institutions which are members of the Federal Deposit
Insurance Corporation 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, 2001, 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 payment
of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details. Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the City in the amount of
$11,500,000, shall be issued pursuant to the provisions of Section 384.28 of the City
Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL
OBLIGATION BOND", be dated June 15,2001, and bear interest f~om the date thereof,
until payment thereof, at the office of the Paying Agent, said interest payable on
December 1,2001, and semiannually thereafter on the 1st day of June and December 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 Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
Interest Principal Maturity
Rate Amount June 1st
4.000% $500,000 2002
4.000% 685,000 2003
4.000% 700,000 2004
4.000% 720,000 2005
4.000% 745,000 2006
4.250% 670,000 2007
(continued)
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4.250% 695,000 2008
4.250% 725,000 2009
4.250% 755,000 2010
4.375% 790,000 2011
4.500% 820,000 2012
4.600% 860,000 2013
4.700% 900,000 2014
4.800% 945,000 2015
4.900% 990,000 2016
(b) Redemption. Bonds maturing after June 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.
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 regardi.ng
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
amount 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.
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(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 have 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.
The 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, premium, 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 of DTC thereunder, and the Paying 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
-14-
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 Denominations 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, and interest 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. The ownership of Bonds may be transferred only by the making
of an entry upon the books kept for the registration and transfer of ownership of the
Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar
under the terms of this Resolution. Registrar shall maintain the books of the Issuer for
the registration of ownership of the Bonds for the payment of principal of and interest on
the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in
Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and transfer contained in the Bonds and in this
Resolution.
(b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly executed
by the holder or his duly authorized attorney in fact in such form as shall be satisfactory
to the Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Bond (other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the registered owner required above.
Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or
denominations permitted by this Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds,
the Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Bonds and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond, including the interest thereon, to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be 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 if any
bond 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.
(g) Resistration and Transfer Fees. The Registrar may furnish to each owner, at
the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish
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additional bonds in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
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 and proof of ownership thereof, and upon furnishing the Registrar and
Issuer with satisfactory indenmity 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 I0. 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 or upon order of
the 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.
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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:
(6) I (6) I
(7) I (a) I
(D
I (2) II (3) II (4) I (s) I
(9)
[ (ga) [
(10)
(Continued on the back of this Bond)
(11)(12)(13) [ I (14) I I (15) I
FIGURE I
(Front)
(~o) (~6)
(Continued)
FIGURE 2
(Back)
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The text of the Bonds to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure I= "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION BOND"
"CORPORATE PURPOSE"
Item 2, figure 1= Rate:
Item 3, figure 1= Maturity:
Item 4, figure 1= Bond Date: June 15, 2001
Item 5, figure 1-'Cusip No.:
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate No.
Item 8, figure 1= Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 -' (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of(principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity dace 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 December 1,2001, and semiannually thereafter on the 1 st day of June and December
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 384.28 of the City Code
of Iowa, for the purpose of paying costs of the construction, reconstruction, and repairing
of street improvements, skywalks and water works, water mains and extensions; the
construction, reconstruction, extension and improving of facilities useful for the
collection, treatment and disposal of sewage and industrial waste in a sanitary manner, for
the collection and disposal of surface waters and streams and drainage improvements; the
rehabilitation, improvement and equipping of existing city parks; the reconstruction,
extension and improvement of the Municipal Airport; the improvement of real estate for
cemeteries and the construction and reconstruction of other cemetery facilities; the
equipping of the fire, police, sanitation, street and civil defense departments; acquiring
and developing a geographic computer data base system for automated mapping and
facilities management; the development, construction, improvement and equipping of a
new city park; Civic Center HVAC replacement; the acquisition of art for public
buildings; improvements to the baseball field complex in Mercer Park; the construction of
a skateboard facility for a city park, the construction of a downtown transit interchange
facility; equipment for city buildings; the acquisition, enlargement, improvement and
equipping of a Public Works Complex; and the acquisition and construction of a transit
intermodal facility, 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 by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other entity as
is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Bonds maturing after June 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.
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
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered bondholders of such change. All bonds shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31
of the Code of Iowa, subject to the provisions for registration and transfer contained in
the Bond Resolution.
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; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Bond as the
same will respectively become due; that the faith, credit, revenues and resources and all
the real and personal property of the Issuer are irrevocably pledged for the prompt
payment hereof, both principal and interest; and the total indebtedness of the Issuer
including this Bond, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to
be signed by the facsimile signature of its Mayor and attested by the facsimile signature
of its City Clerk, with the seal of said City printed hereon, and to be 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.
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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: (facsimile signature)
Mayor
ATTEST:
By: (facsimile signature)
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. )
the within Bond and does hereby irrevocably constitute and appoint
attorney in fact to transfer the said Bond on the books kept for registration of the within
Bond, with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
-23-
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.
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right ofsurvivorship and not as tenants in
common
IA UNIF TRANS M1N ACT - . ...........Custodian ............
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act ...................
(State)
-24-
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE ABOVE LIST
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the pumhaser of the Bonds.
Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds fi'om the issuance and sale of the
Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage
bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of
the United States, as mended, and that throughout the term of the Bonds it will comply
with the requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a manner that would cause the
Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Treasurer is hereby directed to make and insert all calculations
and determinations necessary to complete the Tax Exemption Certificate in all respects
and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to
certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 16. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that
it will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part of this Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure of the Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Bonds or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific
performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner"
means any person which (a) has the power, directly or indirectly, to vote or consent with
-25-
respect to, or to dispose of ownership of, any Bond (including persons holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of
any Bonds for federal income tax purposes.
Section 18. Additional Covenants, Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Bonds from
time to time outstanding that the Issuer through its officers, (a) will make such further
specific covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax
Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the
contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel
(as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Bonds; (e) file such forms, statements and supporting documents as may be required
and in a timely manner; and (f) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
Section 19. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Bonds if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Bonds under applicable Federal law or regulations.
Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances
and resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 12th dayof dune .2001.
Mayor
ATTEST:
City Clerk
PGOODRIC HX280901 \ I \ 10714061
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Prepared by: Robert Miklo, Sr. Ranner, 410 E. Washington St., Iowa City, IA 52240; (319) 356-52408
RESOLUTION NO. 01-159
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO A'I'I'EST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND JAMES DUNCAN AND
ASSOCIATES TO PROVIDE PLANNING CONSULTANT SERVICES FOR THE
REDRAFTING OF DEVELOPMENT CODES INCLUDING ZONING,
SUBDIVISION AND SITE PLAN ORDINANCES.
WHEREAS, the City of Iowa City contracted with James Duncan and Associates to prepare
development regulations analysis; and
WHEREAS, this analysis recommends revisions to the subdivision, zoning and site plan
ordinances to streamline the development review process, minimize regulatory barriers to
development and implement the comprehensive plan; and
WHEREAS, James Duncan and Associates has the expertise to complete a redrafting of the
City's development codes in a timely manner; and
WHEREAS, the Planning and Zoning Commission have recommended that the recommendations
of the development regulations analysis be implemented.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and
James Duncan and Associates for the provision of consulting services, attached hereto and made
a part hereof, is in the public interest, and hereby approved as to form and content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of iowa
C '
It was moved by Champ'ion and seconded b e
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
× Kanner
X Lehman
X O'Donnell
X Pfab
Vanderhoef
~ Wilburn
ppdadn~n'~es~duncan.doc
Professional Service Agreement
Between the City of Iowa City, Iowa and
James Duncan and Associates, Inc.
This Professional Services Agreement is made as of June 12 ,2001, by and
between the City of Iowa City, Iowa (Client) and James Duncan and Associates, Inc., a Texas
corporation located in Austin, Texas (Consultant).
WHEREAS, the Client desires to engage the Consultant to perform certain services relating to
the preparation of revised zoning, subdivision and site plan review regulations;
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
provided, the Client and Consultant agree as follows.
].. Scope of Aclreement. The Consultant's relationship to the Client shall be that of
independent contractor and at all times this relationship shall be governed by and be in
compliance with the terms of this Professional Services Agreement. Nothing in this
Agreement is intended to, nor shall in any manner be construed to, create the
relationship of employedemployee between the parties. Client shall not be responsible
for payment or withholding of unemployment compensation, FICA, income tax,
retirement, life and/or medical insurance and worker's compensation based on payments
due Consultant hereunder as Consultant is an independent contractor.
2. Professional Services. The Consultant shall furnish services to the Client as set forth in
Exhibit "A," which is attached hereto and incorporated herein by reference.
3. Period of Service. The Consultant shall begin work within 30 days after receipt of an
executed copy of this Agreement and will complete the services pursuant to the
schedule set forth in Exhibit "B." Times for performance shall be extended for reasonable
periods of delay resulting from circumstances over which the Consultant has no control.
4. Compensation. As consideration for services provided by the Consultant as mutually
agreed upon, the Client shall compensate the Consultant as set forth in Exhibit "C.'
5. Payment Schedule. The Consultant shall bill the Client monthly based upon the
percentage of completion of each task, in accordance with Exhibit "C." Payment of each
such invoice shall be due to the Consultant within 30 days of receipt by the Client.
6. Chancles and Extra Work. The Client may, at any time, request changes in the work to
be performed hereunder. All such changes, including any resulting increase or decrease
in Consultant compensation or performance schedule, must be mutually agreed upon by
and between the Client and the Consultant, and shall be incorporated in a mutually
signed written addenda to this Agreement.
7. Conflict of Interest. The Consultant represents that it has no interest and agrees that it
shall acquire no interest, direct or indirect, that would conflict in any manner with the
performance of the services hereunder. The Consultant further agrees that, in the
performance of this Agreement, no person having any such interest shall be employed.
8. Subcontractincl. The Consultant shall not use subcontractors to perform services under
this Agreement without express written authorization from the Client.
Termination. The obligation to provide further services under this Agreement may be
terminated by either party upon seven (7) calendar days written notice. In the event of
any termination, the Consultant will be paid for all services satisfactorily rendered to the
date of such termination and the Client shall be provided with first quality copies of all
work products prepared up the date of termination. However, such sums paid hereunder
shall not be greater than the total sum listed in Exhibit C.
]O. Ownership of Documents. All documents prepared in the performance of this
Agreement shall be the property of Client and shall be delivered to the Client before final
payment is made to the Consultant.
]]. Indemnification of Client. Consultant shall indemnify and hold harmless the Client, its
agents, servants and employees against any claim, demand or cause of action arising in
whole or in part out of the negligent or intentional act, error or omission of the
Consultant, its agents, servants or employees in the performance of services under this
Agreement. 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,
whether direct or indirect.
]2. Eml~lovment Practices. The parties hereto acknowledge and agree that the Consultant
shall not commit any of the following employment practices and agrees to prohibit the
following practices in any subcontracts, if any:
a. To discharge or refuse to hire any individual because of their race, color, religion,
sex, national origin, disability, age, marital status, sexual orientation or gender
identity.
b. To discriminate against any individual in terms, conditions, or privileges of
employment because of their race, color, religion, sex, national origin, disability,
age, madtal status, sexual orientation or gender identity.
13. Amendments. No amendments or modifications of this Agreement shall be valid unless
in writing and signed by each of the parties to the Agreement.
14. Severability. Any provision in this Agreement that is prohibited or unenforceable under
state or federal law shall be ineffective to the extent of such prohibitions or
unenforceability, without invalidating the remaining provisions hereof. Also, the non-
enforcement of any provision by either party to this Agreement shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that provision or the
remainder of this Agreement.
15. Choice of Law. This agreement shall be interpreted in accordance with the laws of the
State of Iowa.
2
IN WITNESS WHEREOF, The Client and the Consultant have caused this instrument to be
signed by their respective duly authorized officers, all on the day and year first written above.
CONSULTANT
ATTEST: JAMES DUNCAN AND ASSOCIATES, INC.
~'~ ~:~
rues B. Duncan, President
CLIENT
ATTEST: CITY OF lOW CITY
??'C~-; ~. >d~,~_~ ,) sy:. , -
Ernest Lehman, Mayor
Exhibit A
Scope of Services
This exhibit identifies the professional services to be performed by the Consultant as well as the
general responsibilities of the Client.
I. Services to be Performed
The professional services to be performed under this Agreement include drafting of
amendments to city's zoning, subdivision and site plan review regulations as necessary
to implement the recommendations contained in the Consultant's Development
Regulations Analysis report issued January 17, 2001, and as identified by the City of
Iowa City in furtherance of said recommendations and to reconcile various provisions of
said regulations.
II. General Responsibilities of Consultant
In addition to the specific duties identified in this exhibit, the Consultant will be
responsible for:
1. providing a project manager;
2. managing the project and the work of all employees and subcontractors;
3. attending on-site meetings; and
4. preparing materials to be used in public presentations.
III. General Responsibilities of the Client
In addition to the specific duties identified in this exhibit, Client will be responsible for:
1. providing a staff project manager;
2. providing information to the Consultant, including two hard copies and 1
computer file copy (if available) of all key documents to be included in the revised
code;
3. reviewing the Consultant's work products for the purpose of providing comments
and suggestions;
4. arranging meetings and providing meeting space;
5. disseminating information and meeting notices to the public, when necessary;
6. providing hardware needed for public presentations; and
7. recording minutes at any meetings requiring recordation; and assisting the
Consultant in presenting work products and in answering questions at pubtic
meetings.
Task 2.1/Code Reorganization
During Task 2.1, the Consultant will develop a proposed format and revised organizational
scheme for the new code. To do this, the Consultant will first reformat and reorganize the city's
existing development code without making proposed changes to the code's substantive
provisions. After delivery of the reorganized code to the Client, the Consultant will attend a
meeting to discuss the proposed organizational structure. This meeting will also serve as the
A-1
opportunity for staff and the Consultant to conduct a detailed review of the reorganized code to
identify technical amendments that are to be made during the code update process.
The reorganized code draft will include examples of proposed page formatting techniques, as
well as annotations describing proposed substantive modifications of existing regulatory practice
(as identified in the Development Regulations Analysis report). All subsequent work products
will be prepared in accordance with the organization and format agreed-upon during this task.
Task 2.1 Deliverables/Meetings:
1. Kick-off meeting to discuss general organizational and Iogistical issues (1 day)
2. Reorganized Code Document
3. Meeting to discuss organization/format and identify needed technical changes (2
days)
Task 2.2/VVorking Draft Development Code
The Consultant will prepare an initial draft of the revised development code during Task 2.2.
This is the draft that will contain proposed revisions to the cede's procedural and substantive
provisions. The Consultant will deliver the working draft code regulations in three modules,
rather than waiting for all drafting work to be completed. After allowing enough time for staff
review of the draft modules, the Consultant will attend meetings to discuss the draft provisions.
Revisions will be made in response to comments and recommendations received from
reviewers. The Consultant will give priority to sections of the zoning code identified by the City,
such as the CN-1, Neighborhood Commercial, zone. The City may adopt substantive
amendments to such sections prior to the completion of the Development Code revision project.
Task 2.2 Deliverables/Meetings:
1. Module 1 of development code draft (2.2.1/initial draft; to include all proposed zoning
district regulations, use regulations and district-based density/intensity/dimensional
standards*)
2. Meeting with staff to review draft module (1 day)
3. Module 2 of development code draft (2.2.2/initial draft; to include administration,
procedures, nonconformities, enforcement and introductory provisions *)
4. Meeting with staff to review draft module (1 day)
5. Module 3 of development code draft (2.2.3/initial draft; to include parking,
landscaping, subdivision improvement/design standards, environmental standards
and all other "development standards"*)
6. Meeting with staff to review draft module (1 day)
* Subject matter to be addressed in individual modules is subject to change based on the mutual
agreement of the Client and Consultant.
Task 2.3/Public Review Draft
Based on comments and recommendations received during Task 2.2, the Consultant will
prepare and deliver a complete second draft of the revised development code during Task 2.3.
This draft is intended for public review and presentations in two community workshops. The
draft will include tables, graphics, illustrations and charts to help convey the meaning and intent
A-2
of Development Code provisions. Similarly, the Consultant will use illustrations and graphics
during the community workshops to ensure that attendees understand the intended effect of
Development Code provisions. The Consultant will work with the City to help ensure broad-
based community interest/participation in the workshops and to devise a workshop format that
will allow opportunities for community buy-in. The Consultant will make revisions to this draft in
response to the workshop comments and specific instructions from the Client.
Task 2,3 Deliverables/Meetings:
1. Second draft of development code (revised to reflect comments and
recommendations from Task 2.2)
2. Attendance/presentation at two public workshops on revised development code (1
day each)
Task 2.4/Public Hearing Draft
Based on comments received during preceding tasks, the Consultant will prepare and deliver a
complete public hearing (adoption-ready) draft of the proposed development code during Task
2.4, After allowing enough time for local review of the draft document, the Consultant will attend
2 public hearings with the Planning Commission and two with the City Council.
Task 2.3 Deliverables/Meetings:
1. Third draft of development code draft (revised to reflect specific direction from Client
during and after Task 2.3)
2. Attendance/presentation at up to two public hearings of the Planning and Zoning
Commission and up to two public hearings of the City Council. (1 day each)
Task 2.5/Final Adopted Development Code
After public hearings and adoption, the Consultant will make corrections, additions and revisions
that come out of the adoption process.
Task 2.3 Deliverables
The Consultant will deliver one original, paper copy and one digital file copy of the final adopted
development code.
A-3
Exhibit B
Schedule
This exhibit contains the schedule for performance of the professional services identified in
Exhibit A,
h"F'ti e]~]
2.1 Reorganized Draft I 3
2.2 Working Draft Development Code
2.2.1 module 1 6
2.2.2 module 2 8
2.2.3 module 3 10
2.3 'Public Review Draft 13
2.4 Hearing Draft 16
2.5 Final Code 18
*Due dates expressed in months, measured from date of contract
execution
B-1
Exhibit C
Fees
The Consultant will be paid for the services performed pursuant to this Agreement in the amount
of $103,480, which includes all direct and indirect costs. Billings and payments will be based
upon percent completion of each task, in accordance with the following fee schedule.
2.1 Reorganized Draft I $21,460
2.2 Working Draft Development Code
2.2.1 module 1 $14,960
2.2.2 module 2 $14,960
2.2.2 module 3 $14,960
2.3 Public Review Draft $16,240
2.4 Hearing Draft $16,320
2.5 Final Code $4,400
TOTAL $103,460
C-1
City of Iowa City
MEMORANDUM
Date: June 7, 2001
To: Steve Atkins
From: Bob Miklo
Re: Code Review Schedule
On June 12 the Council will consider a contract with James Duncan and Associates for
implementation of the recommendations of the Development Regulations Analysis, which they
discussed in January. The end product will be new zoning, subdivision and site plan codes,
which are consistent with the policies of the Comprehensive Plan. The following is a tentative
schedule for completion of the project.
August 31, 2001: Proposed format and reorganization of zoning, subdivision and site plan
codes. The CN-1 zone will be given priority.
November 1, 2001: Module 1 - redrafting of zoning district regulations, use regulations and
district-based density/intensity/dimensional standards.
January 1, 2002: Module 2 - administrative procedures, nonconformities, enforcement and
introductory provisions.
March 1, 2002: Module 3 - parking, landscaping, subdivision standards, environmental
standards and all other development standards.
June 1, 2002: Second draft for public comments at two community workshops.
September 1, 2002: Third draft for public hearings
November 1, 2002: Final corrections, additions and revisions for adoption.
FILED
001 HAY 32 AH '7'. 52
TY CLERK
,~T,(,l, ICWA
NEIBHBORHOOD A 8001ATION
May 29, 2001
Planning and Zoning Commission
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
RE: Site plan review ordinance
Dear Members of the Planning and Zoning Commission:
The Northside Neighborhood Association voted at its May 24, 200 l meeting to
recommend that the commission re-examine the site plan review ordinance. The
original draft of the ordinance contained language addressing neighborhood
compatibility that was removed by the commission as a result of lobbying efforts.
The Neighborhood Association is aware that a consultant will approach Iowa City's
neighborhood groups in the next twelve months for input regarding a rewrite of code.
However, our recent negative experience with a redevelopment on Bloomington
Street suggests urgency to the commission's re-examination of the neighborhood
compatibility language. The issue directly affects both traffic safety and quality of
life of northside residents.
~_i~cerely,
_Coordinator, Steering Committee
814 E. Market St., Apt. D
Iowa City, Iowa 52245
Professional Service Agreement
Between the City of Iowa City, Iowa and
James Duncan and Associates, Inc.
This Professional Services Agreement is made as of ,2001, by and
between the City of Iowa City, Iowa (Client) and James Duncan and Associates, Inc., a Texas
corporation Iocat d in Austin, Texas (Consultant).
WHEREAS, the Clie desires to engage the Consultant to perform services relating to
the preparation of revise zoning, subdivision and site plan '
i. Scope of Aclreement. ~ltant's to the Client shall be that of
independent contractor and at times this relation=shall be governed by and be in
compliance with the terms of Professional ,rv~ces Agreement. Nothing in this
Agreement is intended to, nor ill in any be construed to, create the
relationship of employer/employee Client shall not be responsible
for payment or withholding of compensation, FICA, income tax,
retirement, life and/or medical compensation based on payments
due Consultant hereunder as Consultant i independent contractor.
2. Professional Services. The ~rnish services to the Client as set forth in
Exhibit "A," which is attached hereto and herein by reference.
3. Period of Service. The Consultant begin vithin 30 days after receipt of an
executed copy of this Agreement will the services pursuant to the
schedule set forth in Exhibit "B." Tim~ shall be extended for reasonable
periods of delay resulting from circur sh the Consultant has no control.
4. Compensation. As services by the Consultant as mutually
agreed upon, the C set fodh in Exhibit "C."
5. Payment Schedule. The Col shall billthe Clie~ monthly based upon the
percentage of completion task, in accordance with libit "C." Payment of each
such invoice shall be due to th Consultant within 30 days of ipt by the Client.
6. Chanqes and Extra Work. 1 .~ Client may, at any time, request changes in the work to
be performed hereunder. AI changes, including any resulting increase or decrease
in Consultant compensation performance schedule, must be mutually agreed upon by
and between the Client ar~ the Consultant, and shall be incorporated in a mutually
signed written addenda to is Agreement.
performance of the services hereunder. The Consultant further agrees that, in the
performance of this Agreement, no person having any such interest shall be employed.
8. Subcontractinq. The Consultant shall not use subcontractors to perform services under
this Agreement without express written authorization from the Client.
9. Termination. The obligation to provide further services under this Agreement may be
terminated by either party upon seven (7) calendar days written notice. In the event of
any termination, the Consultant will be paid for all services satisfactorily rendered to the
date of such termination and the Client shall be provided with first quality copies of all
work products prepared up the date of termination. However, such sums paid hereunder
shall not be greater than the total sum listed in Exhibit C.
].0. Ownershilo of Documents. All documents prepared in the performance of this
Agreement shall be the property of Client and shall be delivered Client before final
payment is made to , Consultant.
1]. Indemnification of Consultant shall indemnify ar harmless the Client, its
agents, servants and ~se of action arising in
whole or in part out of negligent or error or omission of the
Consultant, its agents, or employees in the of services under this
Agreement. It is further agreed no party to this. reement shall perform contrary to
any state, federal or local law of the ordin of the City of Iowa City, Iowa,
whether direct or indirect.
].:Z. Eml~lovment Practices. The ge and agree that the Consultant
shall not commit any of the following practices and agrees to prohibit the
following practices in any subcontracts, if
a. To discharge or refuse to ividual because of their race, color, religion,
sex, national origin, disability, ~rital status, sexual orientation or gender
identity.
b. To discriminate against any terms, conditions, or privileges of
employment because of their color, igion, sex, national origin, disability,
age, marital status, ntation or c 'identity.
]3. Amendments. No amendments c Agreement shall be valid unless
in writing and signed by each of ~
]4. Severability. Any provision in is Agreement that is pr ibited or unenforceable under
state or federal law shall ineffective to the of such prohibitions or
unenforceability, without dating the remaining hereof. Also, the non-
enforcement of any provisio by either party to this shall not constitute a
waiver of that provision, n, shall it affect the of that provision or the
Choice of Law. This agre lent shall be interpreted in accord ce with the laws of the
State of Iowa.
2
IN WITNESS WHEREOF, The Client and the Consultant have caused this instrument to be
signed by their respective duly authorized officers, all on the day and year first written above.
CONSULTANT
ATTEST: JAMES ~,SSOCIATES, INC.
J. B. Duncan, President
ATTEST: ITY
/
/
?
/
/~ By: Ernest Lehman, Mayor
3
Exhibit A
Scope of Services
This exhibit identifies the professional services to be performed by the Consultant as well as the
general responsibilities of the Client.
I. Services to be Performed
The professional services to be under this reement include drafting of
amendments to city's ' ' and site plan regulations as necessary
to implement the ~ns contained in Consultant's Development
Regulations Analysis report ~anuary 17, 2001 and as identified by the City of
Iowa City in furtherance of said ~mendations an reconcile various provisions of
said regulations.
II. General Responsibilities of
In addition to the specific duties exhibit, the Consultant will be
responsible for:
1. providing a project manager;
2. managing the project and the work all employees and subcontractors;
3. attending on-site meetings; and
4. preparing materials to be used i~ presentations.
III. General Responsibilities of the Cli t
In addition to the specific duties ide titled in thi,. Client will be responsible for:
1. providing a staff project m ager;
2. providing information to the Consultant including two hard copies and 1
computer file copy (if av lable) of all key d ments to be included in the revised
code; ~ ~~ ubh
3. reviewing the Consult nt's work products for t purpose of providing comments
and suggestions;
4. arranging meetings ' ' g meeting space;
5. disseminating infor ~ation and meeting notic p 'c, when necessary;
6. providing hardwar needed for public prese a ions; and
7. recording minute at any meetings requiring recordation; and assisting the
Consultant in pr, ;enting work products and in answering questions at public
meetings.
Task 2.1/Code Reorganization
During Task 2.1, the Consultant will develop a proposed format and revised organizational
scheme for the new code. To do this, the Consultant will first reformat and reorganize the city's
existing development code without making proposed changes to the code's substantive
provisions. After delivery of the reorganized code to the Client, the Consultant will attend a
meeting to discuss the proposed organizational structure. This meeting will also serve as the
A-1
opportunity for staff and the Consultant to conduct a detailed review of the reorganized code to
identify technical amendments that are to be made during the code update process.
The reorganized code draft will include examples of proposed page formatting techniques, as
well as annotations describing proposed substantive modifications of existing regulatory practice
(as identified in the Development Regulations Analysis report). All subsequent work products
will be prepared in accordance with the organization and format agreed-upon during this task.
Task 2.1 Deliverables/Meetings:
1. Kick-off meeting to discuss ge organizational and Iogi issues (1 day)
2. Reorganized Code
3. Meeting to discuss ~n/format and identify technical changes (2
days)
Task 2.2/VVorking Draft Develo Code
The Consultant will prepare an initial of the development code during Task 2.2.
This is the draft that will contain code's procedural and substantive
provisions. The Consultant will deliver code regulations in three modules,
rather than waiting for all drafting work to After allowing enough time for staff
review of the draft modules, the Consultant meetings to discuss the draft provisions.
Revisions will be made in response to ~ts and recommendations received from
reviewers. The Consultant will give priority to the zoning code identified by the City,
such as the CN-1, Neighborhood ~1, zone. The City may adopt substantive
amendments to such sections prior to the ~n of the Development Code revision project.
Task 2.2 Deliverables/Meetings:
1. Module 1 of develol .>.l/initial draft; to include all proposed zoning
district regulations, use regu district-based density/intensity/dimensional
standards*)
2. Meeting with staff to module ~ day)
3. Module 2 of draft draft; to include administration,
procedures, . enforcement a introductory provisions *)
4. Meeting with staff to Iraft module (1
5. Module 3 of code draft (2.. draft; to include parking,
landscaping, subdi sion improvementJdesign environmental standards
and all other "deve ~ment standards"*)
6. Meeting ~ review draft module (1 day)
* Subject matter to be addr in individual modules is sub change based on the mutual
agreement of the Client and
Task 2.3/Public Draft
Based on comments and recommendations received during Task 2.~ the Consultant will
prepare and deliver a complete second draft of the revised development code during Task 2.3.
This draft is intended for public review and presentations in two community workshops. The
draft will include tables, graphics, illustrations and charts to help convey the meaning and intent
A-2
of Development Code provisions. Similarly, the Consultant will use illustrations and graphics
during the community workshops to ensure that attendees understand the intended effect of
Development Code provisions. The Consultant will work with the City to help ensure broad-
based community interestJparticipation in the workshops and to devise a workshop format that
will allow opportunities for community buy-in. The Consultant will to this draft in
response to the workshop comments and specific instructions from ;lient.
Task 2.3 Deliverables/Meetings:
1. Second draft of develop~ code (revised reflect comments and
recommendations from Task 2
2. Attendance/presentation ~ublic workshops revised development code (1
day each)
Task 2.4/Public Hearing Draft
Based on comments received during I Consultant will prepare and deliver a
complete public hearing (adoption-ready) draft development code during Task
2.4. After allowing enough time for local review 9 draft document, the Consultant will attend
2 public hearings with the Planning Commission ~ d two with the City Council.
Task 2.3 Deliverables/Meetings:
1. Third draft of development code c to reflect specific direction from Client
during and after Task 2.3)
2. Attendance/presentation at ul two hearings of the Planning and Zoning
Commission and up to two Council. (1 day each)
Task 2.5/Final Adopted ment
After public hearings and adoption,Consultant additions and revisions
that come out of the adoption
Task 2.3 Deliverables
The Consultant will deliver one inal, paper copy and one di 'y of the final adopted
development code.
/
A-3
Exhibit B
Schedule
This exhibit contains the schedule for ~rforma~/~of the pr.~7i~e~,~onal services identified in
Exhibit A. ~
'Reorganized Draft I
2.1
2.2 Working Draft ,~evelopment C de
2.2.1 module 1 6
2.2.2
2.2.3
2.3 Public Review Draft 13
2.4 Hearing Draft ~~,m 16
2.5 Final Code 18
*Due dates expressed in rr easured from date of contract
execution
B-1
Exhibit C
Fees
The Consultant will be paid for the services performed pursuant to this Agreement in the amount
of $103,480, which includes all direct and indirect costs. Billings and payments will be based
upon percent completion of each task, in accordance with the following fee schedule.
2.1 Reorganized Draft $21,460
2.2 Working Draft nent Code
2.2.1 module 1 $14,960
2.2.2 module 2 $14,960
2.2.2 module 3 $14,960
2.3 Pu~ $16,240
2.4 Hearing Drs, ft $16,320
2.5 Final Code $4,400
$103,480
C-1
~ 0642-0'1
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139
RESOLUTION NO. 01-160
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE FOSTER ROAD GRADING AND WATER MAIN
PROJECT.
WHEREAS, Maxwell Construction of Iowa City, Iowa has submitted the lowest responsible bid of
$1,228,678.20 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
Maxwell Construction, subject to the condition that awardee secure adequate performance
and payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance cedificates, and contract compliance
program statements.
Passed and approved this 12th day of June ,20 01
Approved by
-k'. ,)
Ci
pweng\res\fosterdgrad.doc
6/01
Resolution No. 01-160
Page 2
It was moved by Pfab and seconded by 0 ' Donne] ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Mab
X Vanderhoef
X Wilbum
ADVERTISEMENT FOR BIDS
FOSTER ROAD GRADING & WATER MAIN
PROJECT
DUBUQUE STREET TO PRAIRIE DU CHIEN
ROAD
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 30th day of May, 2001, or at a later
date as determined by the Director of Public
Works or designee, with notice of said later date to
be published as required by law. Sealed proposals
will be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals will be acted
upon by the City Council at a meeting to be held in
the Council Chambers at 7:00 P.M. on the 12th
day of June, 2001, or at such later time and place
as may then be scheduled.
The Project will involve the roadway extension
of Foster Road east from Dubuque Street to
Prairie Du Chien Road. This Project will involve
the following construction activities: excavation &
grading, chip-seal paving, 15"--66" dia. RCP storm
sewer system, 6"-10" dia. PVC truss sanitary
sewer and 24" dia. RCP sanitary sewer, installation
of 12"-30" dia. DIP water distribution system, a
reinforced concrete box culvert structure, a
modular block retaining wall structure, erosion
control, seeding, and miscellaneous related work.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 325 E. Washington St., Suite
200, Iowa City, IA 52240 and MMS Consultants,
Inc., 1917 South Gilbert Street, Iowa City, Iowa,
52240, which have heretofore been approved by
the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompanied in
a sealed envelope, separate from the one
containing the proposal by a bid bond executed by
a corporation authorized to contract as a surety in
the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to enter
into a contract within ten (10) calendar days and
post bond satisfactory to the City insuring the
faithful performance of the contract and
maintenance of said Project, if required, pursuant
to the provisions of this notice and the other
contract documents. Bid bonds of the lowest two
or more bidders may be retained for a period of
not to exceed fifteen (15) calendar days until a
contract is awarded, or until rejection is made.
Other bid bonds will be returned after the canvass
and tabulation of bids is completed and reported to
the City Council.
The successful bidder will be required to
furnish a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and shall
also guarantee the maintenance of the
improvement for a period of five (5) year(s) from
and after its completion and formal acceptance by
the City.
The following limitations shall apply to this
Project:
Working Days: 110 days.
Notice to Proceed Date: The Notice to Proceed
will be Given upon securincl of easements and
riqht-of-waV bV the City. The anticipated, but
not auaranteed, Notice to Proceed shall be on
July 2'" or thereafter.
Liquidated Damages: $400.00 per day
The plans, specifications and proposed
contract documents may be examined at the office
of the City Clerk. Copies of said plans and
specifications and form of proposal blanks may be
secured at the office of Howard R. Green
Company, Consulting Engineers, 325 E.
Washington St., Suite 200, Iowa City, IA 52240, by
bona fide bidders.
A $100.00 deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Howard R.
Green Company. A refund of $50.00 per set will
be given upon return of said plans and
specifications in good and usable condition within
10 days after the receiving of bids.
Prospective bidders are advised that the City
of Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Bid Form the names
of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list
shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be
obtained from the Iowa Department of Economic
Development at 515-242-4721.
By virtue of statutory authority, preference will
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act, applies to the contract with
respect to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARlAN K. KARR, CITY CLERK
(~A$~ j 06-12-01
' 18
Prepared by: Daniel Scott, Sr. Civil Engeer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 01-161
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO A'I'I'EST A CONTRACT FOR
CONSTRUCTION OF THE LONGFELLOW/TWAIN PEDESTRIAN TUNNEL
PROJECT.
WHEREAS, Dixon Construction Co. of Correctionville, Iowa has submitted the lowest responsible
bid of $288,114.80 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Dixon
Construction Co., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this ].2t, h day of June ,20 01
Approved by
CIT/~CLERK C~~Ti~'~''~ ~'/zC/rt-'r
pweng\res\dixonconstdoc
6/01
Resolution No. 01-161
Page 2
It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
Ir . O'Donnell
X . Pfab
X Vanderhoef
X Wilbum
City of Iowa City
MEMORANDUM
DATE: May 30, 2001
TO: City Council
FROM: City Manager
RE: Longfellow Pedestrian Tunnel
Four bids for the Longfellow Pedestrian Tunnel Project were received by the IDOT on
May 15. The bids ranged from $288,144 to $364,630. The low bid, which is acceptable,
is approximately $50,000 higher than the Shoemaker-Haaland estimate of $240,000.
With this significant shortfall anticipated in our budgeted road use tax monies, as well as
the desire to minimize our general obligation borrowing (please recall the major
borrowing we have planned for next fiscal year) any project funding increases are going
to be difficult to fulfill. I asked the staff to review our existing capital improvement plan
and provide recommendations as to how we could proceed with the Longfellow
Pedestrian Tunnel Project. What follows is a recommended financing plan for the
Longfellow project.
Budqet: $313,000
Expenses: In-house engineering/inspection $15,764
Outside engineering consultant/design 44,900
Land acquisition/right-of-way/Legal 39,577
*Construction bid &contingency 305,000
Total $405,241
*Construction bid is $290,000 (low bid 288,000 rounded) +
$15,000 contingency
Revenues: Transportation Enhancements grant $196,000
Road Use Tax - current allocation 116,568
Additional Funding needed 92,673
Total 405,241
Proposed Financing of Shortfall by way of Reduction in
Other Capital Proiects for FY01 $92.673
Biennial Brick Street Repair 50,000
Neighborhood PIN Grant 5,000
Curb Ramp 10,000
Creek Maintenance 10,000
Railroad Crossings 17,673
$92,673
Longfellow Pedestrian Tunnel
May 30, 2001
Page 2
The departments of Planning and Public Works recommend proceeding with the project.
They identify the following reasons:
1. The neighbors have worked with the City and in general put forth considerable
effort in making this rather difficult project come together.
2. Providing a safe means of crossing the railroad tracks at this location is not only
important to the neighbors but we believe important to the entire community.
3. As development continues and lots are sold in the Longfellow Manor Subdivision,
construction access to the north end of the tunnel site will become more difficult.
4. The $196,000 Federal Transportation Enhancement grant has been apportioned
to this project by JCCOG.
The departments have reviewed the project alternates proposed by the neighborhoods
and believe they can incorporate two of the proposals into this project. They would be
the dark color fence and the elimination of the erosion control device along the creek
bed. Modifying the head walls to include a simulated stone fa(~ade is not recommended
due to the additional cost.
If the Council finds the financing plan acceptable, we would recommend bid award at
your meeting of June 12.
Mgr\memo\longfellow.doc
AD FOR BID
STATE of IOWA, MAY 15, 2001 - Sealed bids will be received by the Iowa Department of Transportation, at the office of
Contracts in Ames, Iowa and at its official depository on the third floor of the MardoR Hotel, Des Moines, Iowa, until 9 o'clock A.M.C.T. on
the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa
Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa
Department of Transportation, at Ames, Iowa after 9 o'elock A.M. on the same date such bids are scheduled to be received, unless otherwise
specified by the Iowa Department of Transportation.
A Proposal Guarantee in an amount set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be
in the form of a certified check or credit union certified share draft, cashier's check, or bank draf~ drawn on a solvent bank or credit union.
Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union
as to the amount certified. Cashiar's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and,
where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the
authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Department of Transportation, Contracts
office, may be used in lieu of above.
Failure to execute a contract and file an acceptable performance bond and Certificate of Insurance within 30 days of the date of the
approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the
proposal guarantee.
Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of
Transportation, Ames, Iowa, until noon on the day previous to the letting.
All proposals must be filed on the form furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly
marked. Proposals containing any reservations not provided for in the forms furnished will be rejected, and the Iowa Department of
Transportation reserves the right to waive technicalities and to reject any or all bids.
Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts.
Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the
specifications. However, this does not apply to projects off the Federal-Aid system.
All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of
Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or
requires a preference to bidders from that state or foreign enuntry both on projects in which there are no federal funds involved.
The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award.
On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete
and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been
made to seek out and considered disadvantaged business enterprises as potential subcontractors.
IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF CONTRACTS
Tel. 515-239-1414
Letting Date: May 15, 2001
Bid Order: 016 No DBE Goal
Work Type: RCB CULVERT NEW - S1NGLW BOX
Guarantee: $12,500.00
Project: JOHNSON - STP - E - 3715(616) - - 8V - 52
PEDESTRIAN TLrNNEL RCB CULVERT NEW - SINGLE BOX UNDER THE IOWA INTERSTATE RAILROAD TRACKS IN THE
CITY OF IOWA CITY.
Marjan K. Kan', City Clerk
Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5138
RESOLUTION NO. 01-162
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO A'I'I'EST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE CAPTAIN IRISH
PHASE II AND FIRST AVENUE EXTENSION PROJECT.
WHEREAS, the City of Iowa City has received bids for construction of the Captain Irish Phase II
and First Avenue Extension Project ("Project"); and
WHEREAS, it is desirable for Shoemaker & Haaland to provide construction administration and
construction observation services during the Project; and
WHEREAS, an Agreement for professional engineering services has been negotiated with and
executed by Shoemaker & Haaland of Coralville, 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 Shoemaker & Haaland
Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and
Shoemaker & Haaland for the provision of engineering services, attached hereto and made a part
hereof, is in the public interest, and hereby approved as to form and content.
AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa
Passed and approved this 12th day of June ,2001.
It was moved by Vande~'hoef and seconded by (~' flannel "1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
~ Pfab
Vanderhoef
Wilburn
pw'angVes'captinshlst.doc
· Section IV
CONSULTANTAGREEMENT
THIS AGREEMENT, made and entered into this /2- day of June, 2001, by and
between the City of Iowa City, a municipal corporation, herainafter referred to as the City and
Shoemaker & Haaland Professional Engineers, of Coralville, Iowa, hereinafter referred to as
the Consultant.
WHEREAS, the City has entered into an agreement with TAB Construction Inc. for the
construction of Captain Irish Parkway Phase II and First Avenue Street Corridor Improvements;
and
WHEREAS, the City desires the services of a consulting engineering firm to provide
construction administration, construction observation and materials sampling and testing for
the construction phase of the project.
NOW THEREFORE, it is agreed by and between the parties hereto that the City does now
contract with the Consultant to provide services as set forth herein.
I. SCOPE OF SERVICES
Consultant agrees to perform the following services for the City, and to do so in a timely and
satisfactory manner.
Per attached letter of proposal dated May 16, 2001.
II. TIME OF COMPLETION
The Consultant shall complete the following phases of the Project in accordance with the
schedule shown.
Per attached letter of proposal dated May 16, 2001.
I11. 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, color,
religion, sex, national origin, disability, age, marital status, gender
identity, or sexual orientation.
2. To discriminate against any individual in terms, conditions, or privileges
of employment because of their race, color, religion, sex, national origin,
disability, age, marital status, gender identity, or sexual orientation.
~ 2 - ' Section IV
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' wdtten 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
Perties to said Agreement.
D. It is understood and agreed that the retention of the Consultant by the City for
the purpose of the Project shall be as an independent contractor and shall be
exclusive, but the Consultant shall have the dght 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 raasonable
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 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 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.
J. The City agrees to tender the Consultant all fees in a timely manner. excepting,
however, that failure of the Consultant to satisfactorily pe~orm 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.
- 3 - 'Section IV
L. Original contract drawings shall become the property of the City. The
Consultant shall be allowed to keep mylar reproducible copies for the
Consultant's own filing use.
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.
O. The Consultant agrees at all times material to this Agreement to have and
maintain professional liability insurance covedng the Consultant's liability for the
Consultant's negligent acts, errors and omissions to the City in the sum of
$1,000,000.
IV. COMPENSATION FOR SERVICES
Per attached letter of proposal dated May `16, 200'1, for a total not to exceed amount of:
Construction Administration $30, '150
Construction Observation and Testing 66,675
Total: $96,825
V. MISCELLANEOUS
A. All provisions of the Agreement shall be reconciled in accordance with the
generally accepted standards of the Engineering Profession.
B, It is further agreed that there are no other considerations or monies contingent
upon or resulting from the execution of this Agreement, that it is the entire
Agreement, and that no other monies or considerations have been solicited.
. By:
nF. P.E.
Title: M~yn~ Title: ~resi
Date: JunP 12, 20rll Date:
Approved by:
City Attorney's Office
Shoerral e'
May 16, 2001
Mr. Rick Fosse, P.E.
City Engineer
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: Captain Irish Parkway - Phase II and First Avenue Construction Phase Services
Dear Rick:
Recently you requested that we prepare a proposed contract amendment for construction phase
services to include:
1. Construction Administration
2. Construction Observation
3. Materials Sampling and Testing
On the attached pages, we have prepared a scope of services outline and estimate of fee, which
are ready for your final review and approval. We have included the construction
administration tasks, which are typical of our past projects with the City. In addition, we have
prepared an outline of construction observation duties, which we propose to provide and we
have updated these with your recent input.
On the final page we have prepared a fee estimate summary based on the level of service you
selected. Within the fee estimate we provide a modest level of support by our project
engineer, Chet Wieland, and clerical staff which will be invaluable to the overall quality of the
service. Our proposal includes a 40 hours/week level of observation which we feel will be
adequate to protect the City's interest and provide a quality finished project.
For staffing of the construction observation function, we propose to assign both Jim Leighton
and Drew Shoemaker to share the duties. Jim has twenty-one years of experience with
Shoemaker & Haaland Professional Engineers serving as a designer for the civil and
environmental engineering groups and providing construction administration and observation
services as well for a wide variety of public improvement projects. Drew Shoemaker has been
160 Holiday Road 2021 Ma~n Street
CoralyUle. iowa 52241 Keokuk. Iowa 52632
Phone 319-351-7150 Phone 319-524-2883
Mr. Rick Fosse, P.E.
May 16, 2001
Page 2
with Shoemaker & Haaland for eighteen years and has progressed through the roles of survey
assistant, to survey party chief, to construction inspector and civil designer. During the past
three years Drew has been chiefly performing construction inspection and design duties.
Drew's many years of field experience are invaluable now and aptly applied to his construction
observation and design assignments. Under Chet Wieland's direction, Jim Leighton will serve
as lead inspector throughout all phases of the construction project while Drew Shoemaker will
assist Jim Leighton with daily inspection routines.
Please review this second submittal and let me know if this proposal meets your needs.
Very truly yours,
SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS
Stev~F.I Laug?'L~lllil~t p.~!.
SFL:sb X'-J
Enclosures (2)
Proposed Scope of Construction Phase Services
Captain Irish Parkway-Phase II and First Avenue
Construction Administration Services
1. Provide Construction Project Administration.
2. Arrange and Conduct Preconstruction Conferences with Contractors, Suppliers, Utilities
and City Staff.
3. Make Timely Visits to the Project During the Course of Construction.
4. Negotiate, Prepare and Obtain Approval of all Change Orders Required by the
Construction, Including Submission of Verification Information.
5. Conduct Bi-weeldy Construction Meetings.
6. Review Monthly Pay Estimates, and Submit to City Engineer with Recommendations.
7. Upon Project Completion, Determine Final Contract Quantities from Actual Field
Measurement, or From Field and Office Records as well as Periodic Pay Estimates, and
Submit Same to City and Contractor for Approval.
8. Conduct Final Inspection, Prepare Punchlist and Prepare Certificates of Completion for
City Council Acceptance of Project.
9. Have Available at Site, or in Office, a Full Time Representative who can Answer Citizens'
Inquiries.
10. Review Laboratory Reports, Materials and Equipment and follow up on any deficiencies.
11. Prepare As-Builts.
12. Shop Drawing review.
Construction Observation Services
1. Construction Preparation Phase
A. Coordinate and Review Preliminary Route Staking and Limit Line Markings
B. Coordinate and Lead Ioint Utility Location Meeting on Site with Utility, Contractor
and Owner Representatives
C. Review Project Limits with Property Owners and Related construction phase issues
D. Review Contractors Proposed Access Routes and Materials Storage and Mobilization
Sites
E. Review and Evaluate Construction Limit Lines Marked by Surveyor and Adjust if
Necessary
F. Review Existing Features Scheduled for Removal and Confirm Removal Limits
G. Coordinate Utility Accommodation Provisions
H. Photograph Existing Condition of Existing Structures within and Adjacent to
Construction Limit Line
I. Confirm all Items Scheduled and Marked for Removal and Measure Quantities as
Required
2. Dally observations and Recordings
A. Weather and Related Condition
B. Contractor's Work Force
C. Contractor's progress and quality of work
D. Materi~s Delivered for Construction
E. Materials Handling & Installation Procedures
F. Plan & Specification Interpretation
G. Utility Conflicts
H. Changed Field Conditions
I. Field Adjustments & Alterations
J. Traffic Control and Safety
K. Progress and Scheduling
L. Photography of Construction
M. Daily Log Entries
N. Public Safety and Security Measures
3. Periodic Coordination Services
A. Protection of Public & Private Property
B. Private Utility Accommodations
C. Utility Service Disruptions
D. Review and Monitor Construction Schedule
E. Prepare and Distribute Weekly Progress Reports
F. Public Utility Interface
G. Prepare and Distribute Weekly Reports to Owner's Representative
H. Private Easement Owners
I. Meetings with Owner's Representative
I. Coordinate Quality Testing Services
K. Review and Monitor Progress of Construction Staking
4. Sitework Observations to Monitor Contract Compliance
A. Observe Site Clearing and Stripping Limits and Depth
B. Review and Observe Site Excavation and Filling Operations
C. Monitor and Record Soils Moisture and Compacfion Control Operations
D. Coordinate Testing Lab Services Including Initial Proctor Sampling and Testing and
Periodic Moisture/Density Control Testing
E. Observe Temporary Erosion Control Measures Establishment
F. Monitor Temporax3t Erosion Control Systems and Contractors Monitoring and
Maintaining on a Regular Basis
G. Monitor Tree Removals, Grinding and Disposal
5. Storm Sewer/Culvert Observation to Monitor Contract Compliance
A. Inspect Pipe Materials as Delivered
B. Accept or Reject Materials for Installation
C. Observe Pipe Handling Practice
D. Observe Trench Conditions and Pipe Installation Procedures
E. Observe Pipe Jointing Practices
F. Observe Pipe Bedding and Initial Backfill Procedures
G. Observe Trench Backfill Materials and Installation
H. Observe Pipe Coupler Installation
I. Observe Pipe Grade Control and Alignment
6. Water Main Observation to Monitor Contract Compliance
A. Pipe Materials
B. Valves and Fittings
C. Materials Handling Practices
D. Materials Installation Practices
E. Thrust Blocks and Restrained Fittings
F. Pipe Bedding and Envelop
G. Trench Backfill
H. Flushing
I. Disinfection
J. Pressure Testing
K. Potable Water Sampling
L. Coordinate all activities as needed with the City Water Division
M. Complete information worksheets as required by the City Water Division
7. Subdrain Systems Observation to Monitor Contract Compliance
A. Pipe Materials & Fittings
B. Trench Backfill Rock
C. Materials Handling Practices
D. Materials Installarion Practices
E. Connections and Fittings
F. Pipe Bedding and Backfill
G. Trench Backfill
8. Stormwater Structures Observation to Monitor Contract Compliance
A. Locations & Alignments
B. Forming and Joinring
C. Materials
D. Installation Procedures
E. Pipe Connections
F. Backfill/Finish Grade
G. Access Manholes
9. Earthen Subgrade Observation to Monitor Contract Compliance
A. Finish Grade Review
B. Periodic and Final Compaction Testing and Moisture Control
C. Uniformity of Condition
D. Grading Tolerances
E. Finish Grade Maintenance
F. Subgrade Reworking and Recompaction
10. Granular Subbase Observation to Monitor Contract Compliance
A. Review Gradation of Granular Materials
B. Materials Delivery and Installation
C. Finish Grading and Shaping
D. Compaction
i1. P.C.C. Street Paving Observation to Monitor Contract Compliance A. Subgrade/Subbase
B. Form Lines and Screed Profile
C. Joints and Reinforcement
D. Concrete Sampling and Testing
E. Concrete Delivery and Handling
F. Concrete Finishing & Tooling
G. Concrete Texturing, Curing and Protection
H. Construction Joints
I. Curb Profile
J. Handicapped Curb Drops
K. Gather and Tabulate truck tickets to check yield
12. Earthen Shouldering Observation to Monitor Contract CompLiance
A. Material Quality
B. Installation
C. Compaction
D. Curb Protection
13. P.C.C. Sidewalk Paving Observation to Monitor Contract Compliance
A. Subgrade Shaping and Compaction
B. Form Lines or Grade Control
C. Concrete Sampling and Testing
D. Concrete Delivery and Placement
E. Screeding and Consolidation
F. Joints and Edging
G. Finishing and Texturing
H. Curing and Protection
I. Handicapped Curb Ramps
14. Finish Grading Observation to Monitor Contract Compliance
A. Final Shaping
B. Discing and Moisture Control
C. Topsoil Quality and Installation
D. Topsoil Depth Control
15. Permanent Erosion Control Observation to Monitor Contract Compliance
A. Silt Fences
B. Wood Excelsior Mat
C. Gabion Baskets
D. Hydro-Seeding
E. Materials
F. Installation
16. Final Site Restoration Observation to Monitor Contract Compliance
A. Permanent Fencing
B. Pavement Barricades
C. Signage Installation
D. Pavement Markings
Note: If any portion of the work or the materials observed do not conform to the requirements
set by the project plans and specifications, the Construction Observer will notify the Contractor
immediately and explain why it does not conform and record it in the daily report. Should the
Contractor ignore the notice, the Project Engineer and Owner's Representative will be
promptly advised.
CONSTRUCTION PHASE SERVICES FEE ESTIMATE
CAPTAIN IRISH PARKWAY - PHASE H AND FIRST AVENUE
1. Scope 1. Construction Administration
2. Construction Observation and Materials Testing
2. Construction Period 1. May 15 - November 30, 2001
2. 29 weeks total
3. Hou~y Fee Estimate
(based on a 29 week project)
4. Staffin~ Rate Average Total Total
Hrs/Week Estimated Fee
· Hour~
Project Engineer $75/I--Ir. 5 145 $10,875
Inspector $64/Itr. 40 1,160 74,240
Clerical $30/Hr. 3 87 2,610
Subtotal: $87,725
Materials Testing Budget 5,000
Reimbursable Expenses Budget 4,100
TOTAL: $96,825
5. Breakdown by Service
Construction Administration $30,150
Construction Observation
and Materials Testing $66.675
TOTAL: $96,825
Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 01-163
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A FUNDING AGREEMENT BETVVEEN THE UNIVERSITY OF IOWA AND
THE CITY OF IOWA CITY REGARDING THE CONSTRUCTION OF THE MORMON
TREK BOULEVARD IMPROVEMENTS PROJECT.
WHEREAS, for the purposes of traffic capacity and pedestrian and vehicular safety, the
University of Iowa and the City of Iowa City desire to jointly widen Mormon Trek Boulevard from
600 feet south of Melrose Avenue to 200 feet south of the Iowa Interstate Railroad Bridge; and
WHEREAS, said project has been designated the "Mormon Trek Boulevard Improvements
Project, STP-U-3715(618)--70-52"; and
WHEREAS, each of the above two governmental bodies has jurisdiction over a portion or
portions of right of way and/or abutting property to be improved as part of the project; and
WHEREAS, Iowa City desires to establish, by agreement, the University of Iowa contribution to
said project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
The Mayor is authorized sign and the City Clerk to attest the funding agreement
attached hereto between the City of Iowa City and the University of Iowa regarding the
widening of Mormon Trek Boulevard from 600 feet south of Melrose Avenue to 200 feet
south of the Iowa Interstate Railroad Bridge.
Passed and approved this 12th day of ,Jun ,>~~__
Approved by
BETWEEN THE UNIVERSITY OF IOWA AND THE CITY OF IOWA CITY REGARDING
RECONSTRUCTION OF MORMON TREK BOULEVARD FROM 600 FEET SOUTH OF
THE MELROSE AVENUE INTERSECTION TO 200 FEET SOUTH OF THE IOWA
INTERSTATE RAILROAD VIADUCT
THIS AGREEMENT is entered into this/,,' day of ' J~,,v~- ,2001, by and
between the University of Iowa (hereina~er "University") and the City of Iowa City (hereina~er "City");
WHEREAS, for purposes of traffic capacity and peaestrian and vehicular safety, the
University and the City desire to jointly reconstruct Mormon Trek Boulevard from 600 feet south of
the Melrose Avenue intersection to 200 feet south of the Iowa Interstate Railroad Viaduct; and
WHEREAS, the project has been designated the "Mormon Trek Boulevard Improvements
Project" (hereinafter "Project"); and
WHEREAS, each of the above Parties has an ownership interest over a portion or portions
of right of way and/or abutting property to be improved as part of the Project; and
WHEREAS, the City has been designated the lead agency responsible for the actual
construction of the Project, and
WHEREAS, the University and the City wish to enter into an agreement to outline their
respective duties and responsibilities in connection with the Project.
NOW, THEREFORE, for good and valuable consideration the Parties agree to
the following terms, covenants and conditions:
1. PURPOSE - The purpose of this agreement is to set forth
the duties and responsibilities of each Party in connection with construction of
the Project.
2. CONSIDERATION - It is hereby expressly acknowledged by
both Parties that construction of and payment for the Project in accordance
with the terms and conditions set forth herein constitutes mutual and sufficient
consideration to enter into this Agreement.
4. DUTIES AND RESPONSIBILITIES OF THE PARTIES
A. The University of Iowa agrees to pay the City the sum of
$821,000 as its contribution for the Project. This amount is
based on the Project estimate that follows.
Funding Source Amount
STP $2,000,000
University of Iowa $ 821,000
City of Iowa City $ 951,000
Project Estimate $3,772,000
Actual project expenditures exceeding the total estimate will be split
evenly between the University and the City. The parties understand
that the Project estimate includes the following:
(i) Preliminary design fees.
(ii) Final design fees.
(iii) Right of way costs.
(iv) Roadway construction costs.
(v) Construction administration and inspection fees.
(vi) Landscape design fees.
(vii) Landscape construction costs.
B. The University shall make payment to the City for construction of the
Project as follows:
1. Paving $637,000
2. Subbase $184,000
Total $821,000
The University shall make monthly progress payments.
C. The Parties agree that it shall be the sole responsibility of the City to
design and construct the Project in accordance with the plans and
specifications which have been accepted and approved by the
University and the City.
D. Upon completion of the Project, the University shall take the necessary
steps to grant the City a permanent easement for highway purposes as
shown on the attached Exhibit "A".
E. The University of Iowa shall grant the necessary construction
easements as shown on the attached Exhibit "B".
F. This Agreement shall be null and void if the Project is not
substantially complete by December 31 st, 2005.
IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully designated
officials as of the date first written above.
UNIVERSITY OF IOWA
Ernest Lehman
Mayor Business Manager
Marian Karr
City Clerk
Approved:
C tt
CITY OF IOWA CITY
ACQUISTION PLAT
EXHIBIT "A"
COUNTY JOHNSON STATE CONTROL NO.
PROJECT NO. STP-U-3715(618)--70-52 PARCEL NO. 5
SECTION 8 TOWNSHIP 79N RANGE 6W
ROW EASE 7.643 AC. EXCESS-FEE AC
ACQUIRED FROM STATE OF IOWA FOR THE USE AND BENEFIT OF THE UNIVERSITY OF IOWA
N 85'00'04" E 61.69' STA 987+91,27 STA 998+61,8
FND, 5/6" REROD /STA_ · FOUND MONUMENTATION AS SHOWN
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DATE DRAWN 11/20/00 SCALE 1"
SHEET 1 OF 4
CITY OF IOWA CITY
ACQUISTION PLAT
EXHIBIT "A"
COUNTY JOHNSON STATE CONTROL NO.
PROJECT NO. STP-U -3715(618)- -70-52 PARCEL NO. 5
SECTION 8 TOWNSHIP 79N RANGE 6w
ROW EASE 4.140 AC. EXCESS-FEE AC
ACQUIRED FROM STATE OF IOWA FOR THE USE AND BENEFIT OF THE UNIVERSITY OF IOWA
R ' 78~.~0' FND. IRON PiN IN SIC. 8-79-6 ~D. 2" IRON PIPE NEXT TO
~ - o.'~ 'zo' ~ ,~..' ~ ~ ., "-,
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CH0 BRG - S 65'if'el' W STA 993+65.38 ~ R
LEGEND:
· POUND MONUMENTATIQN AS SHOWN
O SET 5/8" RBAR W/CAP 19500
0 300'
1" = 300' (4,140 AC.)
DATE DRAWN 11/20/00 SCALE 1" = 500' ~
November 20. 2000 4:46:57 p.m. SHEET 2 OF 4 Hi3Nard R Cl'eefl C.,OT1381y
CITY OF IOWA CITY
ACQUISTION PLAT
EXHIBIT "A" //
COUNTY JOHNSON S/TE CONTROL NO.
PROJECT NO. STP-U-5715(618}--70-52 PARCEL NO. 5
SECTION 8 TOWNSHIP 79N RANGE 6W
OW EASE 7 645 A~NE EXCESS-FEE AC
FROM STATE OF IOWA FOR THE US~ AND FIT OF THE UNIVERSITY OF IOWA
,~,
.-...,..,,-
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DATE DRA~ 11/20/00 SCALE 1"
CITY OF IOWA CITY TR/OLN
ACQUISTION PLAT
EXHIBIT "A"
COUNTY JOHNSON STATE CO O.
PROJECT NO, STP-U-3715(618)--70-52 P,A, RCEL NO. 5
SECTION 8 TOWNSHIP 79N / RANGE 6W
ROW EASE 4.14-0 AC. / EXCESS-FEE AC
ACQUIRED FROM STATE OF IOWA FOR THE USE AND BENEFIT//~F THE UNIVERSITY OF IOWA
/ /
Johnson County
STP-U-3715(618)--70-52
Parcel #5
The Easement Granted for Highway Purposes is to Land Described as Follows
That pad of the SW ¼ of Section 8, Township 79 North, Range 6 West of the 5th P.M., Iowa
City, Johnson County, Iowa, described as follows:
Commencing at the SW corner of said Section 8; thence N 89° 39' 30" E along the south line of
the SW ¼ SW ¼ of said Section 8 a distance of 1,100.89 feet; thence N 00° 23' 48" E 47.62
feet to a point on the north right-of-way line of Melrose Avenue, said point being the point of
curvature of a curve to the dght, said curve having a radius of 3,869.83 feet, concave southerly;
thence easterly along said curve and said right-of-way line 112.17 feet through a central angle
of 010 39' 39" and having a chord bearing S 880 46' 23" E 112.16 feet to the point of beginning
and the beginning of a curve to the left, said curve having a radius of 40.00 feet, concave
northwesterly; thence northeasterly along said curve 64.59 feet; thence N 00° 27' 55" W 230.12
feet; thence N 05° 14' 57" E 110.48 feet; thence N 00° 27' 55" W 140.06 feet; thence N 00° 19'
51" W 494.08 feet; thence N 010 58' 02" W 280.17 feet; thence N 00° 19' 51" W 751.82 feet to
the beginning of a curve to the right, said curve having a radius of 784.00 feet, concave
southeasterly; thence northeasterly along said curve 343.99 feet; thence N 17° 56' 40" W 58.74
feet; thence N 34° 46' 00" E 200.00 feet; thence N 850 00' 04' E 61.69 feet to the beginning of
a non-tangent curve to the left, said curve having a radius of 784.00 feet, concave
southeasterly; thence northeasterly along said curve 38.50 feet through a central angle of 02°
48' 48" and having a chord bearing N 460 25' 12" E 38.49 feet to a point on the north line of
said SW ¼ of Section 8; thence N 89° 22' 34" E along said north line 204.88 feet to a point on a
non-tangent curve to the right, said curve having a radius of 666.00 feet, concave southeasterly,
thence southwesterly along said curve 188.90 feet through a central angle of 160 15' 04" and
having a chord bearing S 53° 00' 41" W 188.27 feet; thence S 02045, 36" E 57.08 feet; thence
S 34° 55' 39" W 140.00 feet; thence S 720 34' 29" W 59.82 feet to the beginning of a non-
tangent curve to the left, said curve having a radius of 668.00 feet, concave southeasterly;
thence southwesterly along said curve 293.09 feet through a central angle of 250 08' 20" and
having a chord bearing S 120 14' 19" W 290.75 feet; thence S 00° 19' 51" E 1525.76 feet;
thence S 00° 27' 55" E 479.34 feet to the beginning of a curve to the left, said curve having a
radius of 40.00 feet, concave northeasterly; thence southeasterly along said curve 59.04 feet to
a point of reverse curve to the right, said curve having a radius of 3884.33 feet, concave
southerly; thence easterly along said curve 126.47 feet; thence S 740 06' 58" E along a non-
tangent line to the last described curve 100.13 feet to a point on the northerly right-of-way line of
Melrose Avenue, said point being on a non-tangent curve to the right, said curve having a radius
of 3,869.83 feet, concave southerly; thence westerly along said curve and said right-of-way line
420.99 feet through a central angle of 060 13' 59" and having a chord bearing N 840 49' 34"W
420.78 feet to the point of beginning, containing 7.643 acres or 332,936 square feet.
Sheet 3 of 4
O:\CAD\175310J01 \DWGS\lgl-prcl05.doc
Johnson County
STP-U-3715(618)--70-52
Parcel #5
The Easement Granted for Highway Purposes is to Land Described as Follows
That part of the NW ¼ and NE ¼ of Section 8, Township 79 North, Range 6 West of the 5t~
P.M., Iowa City, Johnson County, Iowa, described as follows:
Commencing at the W ¼ corner of said Section 8; thence N 89° 22' 34" E along the south line of
said NW ¼ of Section 8 a distance of 1,504.64 feet to the point of beginning, said point being on
a non-tangent curve to the left, said curve having a radius of 784.00 feet, concave
southeasterly; thence northeasterly along said curve 293.17 feet through a central angle of 21°
25' 32" and having a chord beadng N 580 32' 22" E 291.47 feet; thence N 69° 15' 08" E 303.00
feet to the beginning of a curve to the left, said curve having a radius of 541.00 feet, concave
northwesterly; thence northeasterly along said curve 397.76 feet; thence N 27° 07' 36" E
342.34 feet; thence N 25° 56' 08" E 180.05 feet to the beginning of a curve to the right, said
curve having a radius of 862.00 feet, concave southeasterly; thence northeasterly along said
curve 128.21 feet to a point on the southwesterly right-of-way line of the existing railroad; thence
S 56° 36' 37' E along said right-of-way line 103.02 feet to a point on a non-tangent curve to the
right, said curve having a radius of 759.00 feet, concave southeasterly; thence southwesterly
along said curve 114.81 feet through a central angle of 080 40' 02" and having a chord bearing
S 30° 16' 09" W 114.70 feet; thence S 25° 56' 08" W 180.07 feet; thence S 24° 30' 58" W
314.78 feet to the beginning of a curve to the right, said curve having a radius of 659.00 feet,
concave northwesterly; thence southeasterly along said curve 514.54 feet; thence S 69° 15' 08"
W 303.00 feet to the beginning of a curve to the left, said curve having a radius of 666.00 feet
concave southeasterly; thence southwesterly along said curve 94.33 feet to a point on the south
line of said NW ¼; thence S 890 22' 34" W along said south line 204.88 feet to the point of
beginning, containing 4.140 acres or 180,338 square feet.
Sheet 4 of 4
O:\CAD\175310J01 \DWGS\lgl-prcl05.doc
CITY OF IOWA CITY
TEMPORARY EASEMENT
EXHIBIT "B"
COUN IY _.__ JOIINSON SFA1E CONTROL NO.
PROJE[:~ NO. STP-U-5_7151618)--70-52 PARCEL NO. 5
SLC I ION 8 TOWNSHIP 79N RANGE 6W
ROW ROW EASE 9.119 AC. EXCESS-FEE AC
ACC,)UIRLD FROM SIAIE OF IOWA FOR TIlE USE AND BENEFrI' OF' TNE UNIVERSIrY' OF IO~W_A
LEGEND:
\
",~,,o,,
° % \ "q-'~"'~oi~"'..,
o 500'
1" = 500' N
c~ so.oo'
99,+,8.89
~ 8o,oo ~ 8o,oo' ~ ~oo.o0'
~ 984+50.00
~ 8o,oo'
970+98.35
Ct 145.00'
970+91 C~ I00,00'
c~
q_ 100,00'
96 It 75.67
~ 358.70'
350.58'
SLC a-.zg-6
~ DAlE DRAWN 3/23/01 SCALE 500
~ SHEE~ 1 OF 3 ~ R ~ C~
CITY OF IOWA CITY
TEMPORARY EASEMEN r
EXHIBI'I
JOIINSON SIA1E CONTROL NO
NO STP-U-3715(6~18)--70-5~2 PARCEL NO,
SEC 8 'IOWNSI lip 79N RANGE 6W
ROW EASE 9.119 AC. EXCES AC
AC(]UII?ED SIAIE OF IOWA FOR TIlE USE AND DENEFI[ Of' rile OF I_O~W_A
Johnson County
STP-U-3715(618)--70-52
Parcel #5
Exhibit B, Sheet 2 of 3
The Temporary Easement Granted for Highway Construction Purposes is to Land Described as
Follows
(West Easement)
That part of the of Section 8, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson
County, Iowa, described as follows:
Commencing at the SW corner of said Section 8; thence N 89° 39' 30" E along the south line of the SW ¼
SW ¼ of said Section 8 a distance of 1,100.89 feet; thence N 00° 23' 48" E 47.62 feet to a point on the
north right-of-way fine of Melrose Avenue, said point being the point of curvature of a curve to the right,
said curve having a radius of 3,869.83 feet, concave southerly; thence easterly along said curve and said
right-of-way line 100.99 feet through a central angle of 01° 29' 43" and having a chord bearing S 88° 51'
21" E 100,99 feet to the point of beginning; thence N 45° 49' 11" E 53.85 feet; thence N 00° 27' 55" W
482.47 feet; thence N 00° 19' 51" W 442.41 feet; thence S 89° 40' 09" W 65.00 feet; thence N 00° 19' 51"
W 50.60 feet; thence N 01o 08' 58" W 49.40 feet; thence N 89° 40' 09" E 65.01 feet; thence N 01° 08' 58"
W 231.09 feet; thence N 00° 19' 51" W, 752.45 feet to the beginning of a curve to the right, said curve
having a radius of 805,00 feet, concave easterly; thence nodherly along said curve 186.65 feet; thence N
00° 19' 51" W 285.87 feet; thence N 550 32' 22" W 118.33 feet; thence N 34'~ 27' 38" E 140.00 feet;
thence S 550 32' 22" E 154.34 feet; thence N 83° 38' 04" E 113.50 feet to the beginning of a curve to the
right, said curve having a radius of 805.00 feet, concave easterly; thence northeasterly along said curve
334.02 feet; thence N 69° 15' 08" E 303.00 feet to the beginning of a curve to the left. said curve having a
radius of 520,00 feet, concave to the northwest; thence northeasterly along said curve 393.13 feet;
thence N 250 56' 08" E 511.07 feet to the beginning of a curve to the right said curve having a radius of
890.00 feet, concave to the southeast; thence northeasterly along said curve 131.86 feet to the
southwesterly right-of-way line of the existing railroad; thence S 56o 36' 37" E 28.00 feet along said right-
of-way line to the westerty right-of-way line of Mormon Trek Boulevard and a point on a non-tangent curve
to the left, said curve having a radius of 862.00 feet, concave southeasterly; thence southwesterly along
said curve and said right-of-way 128.21 feet through a central angle of 08° 31' 20" and having a chord
bearing S 30° 11' 48" W 128.10 feet; thence S 25° 56' 08" W 180.05 feet along said right-of-way; thence
S 27° 0T 36" W 342.34 feet along said right-of-way to the beginning of a curve to the right, said curve
having a radius of 541.00 feet, concave northwesterly; thence southwesterly along said curve and said
right-of-way 397.76 feet; thence S 69° 15' 08" W 303.00 feet along said right-of-way to the beginning of a
curve to the left, said curve having a radius of 784.00 feet, concave southeasterly; thence southwesterly
along said curve and said right-of-way 331.67 feet; thence S 85° 00' 04" W 61.69 feet along said right-of-
way; thence S 34° 46' 00" W 200.00 feet along said right-of-way; thence S 17° 56' 40" E 58.74 feet along
said right-of-way to the begjnning of a non-tangent curve to the left, said curve having a radius of 784.00
feet, concave southeasterly; thence southwesterly along said curve and said right-of-way 343.99 feet
through a central angle of 25° 08' 20" and having a chord bearing S 12" 14' 19" W 341.23 feet; thence S
00° 19' 51" E 751.82 feet along said right-of~way; thence S 010 58' 02" E 280,17 feet along said right-of-
way; thence S 00° 19' 51" E 494.08 feet along said right-of-way; thence S 00° 27' 55" E 140.06 feet along
said right-of-way; thence S 05~' 14' 57" W 110.48 feet along said right-of-way; thence S 00" 27' 55" E
230.12 feet a~ong said right-of-way to the beginning of a curve to the right, said curve having a radius of
40.00 feet, concave northwesterly; thence southwesterly along said curve and said right-oFway 64.59 feet
to the north right-of-way line of Melrose Avenue and the beginning of a non-tangent curve to the left, said
curve having a radius of 3,869,83 feet, concave southerly; thence westedy along said curve and said
right-of-way 11 17 feet through a central angle of 00'~ 09' 55" and having a chord bearing N 88'" 01' 32" W
11 17 feet to the point of beginning, containing 3.21 acres or 139,710 square feet.
H:'/eudora\attach\Mormon Trek Temp Easement Legal Description.doc
Johnson Count,
STP-U-3715(618)--70-52
Parcel #5
Exhibit B, Sheet 3 of 3
The Temporary Easement Granted for Highway Construction Purposes is to Land Described as
Follows
(East Easement)
That part of the of Section 8, Township 79 North. Range 6 West of the 5th P.M., Iowa City, Johnson
County, Iowa. described as follows:
Commencing at the SW corner of said Section; thence N 89° 39' 30" E along the south line of the SW ¼
SW ¼ of said Section 8 a distance of 1,100.89 feet; thence N 00° 23' 48" E 47.62 feet to a point on the
north right-of-way line of Melrose Avenue, said point being the point of curvature of a curve to the right,
said curve having a radius of 3,869.83 feet, concave southerly; thence easterly along said curve and said
right-of-way line 533.15 feet through a central angle of 070 53' 37" and having a chord bearing S 850 39'
24"E 532.73 feet to the point of beginning and the easterly right-of-way line of Mormon Trek Boulevard;
thence N 74° 06' 58" W t00.13 feet along said right-of-way to the beginning of a curve to the left, said
curve having a radius of 3,884.33 feet, concave southerly; thence westerly along said curve and said
right-of-way line 126.47 feet to the beginning of a curve to the right, said curve having a radius of 40.00
feet, concave northeasterly; thence northwesterly along said curve and said right*of-way line 59.04 feet;
thence N 00° 27' 55" W 479.34 feet along said right-of-way line; thence N 00° 19' 51" W 1,525.76 feet
along said right-of-way line to the beginning of a curve to the right. said curve having a radius of 668.00
feet, concave easterly; thence northeasterly along said curve and said right-of-way line 293.09 feet;
thence N 72° 34' 29" E 59.82 feet along said right-of-way line; thence N 34° 55' 39" E 140.00 feet along
said right-of-way line; thence N 02° 45' 36" W 57.08 feet abng said right-of-way line to the beginning of a
non-tangent curve to the right, said curve having a radius of 666.00 feet, concave southeasterly; thence
northeasterly along said curve and said righFof-way line 283.23 feet through a central angle of 24° 21' 59"
and having a chord bearing N 570 04' 09" E 281.10 feet; thence N 69° 15' 08" E 303.00 feet along said
right-of-way [ine to the beginning of a curve to the left, said curve having a radius of 659.00 feet, concave
northwesterly; thence northeasterly along said curve and said right-of-way line 514.54 feet; thence N 240
30' 58" E 314.78 feet along said right-of-way line; thence N 25° 56' 08" E 180.07 feet along said right-of-
way line to the beginning of a curve to the right, said curve having a radius of 759.00 feet, concave
southeasterly; thence northeasterly along said curve and said right-of*way line 114.81 feet to the
southwesterly right-of-way line of the existing railroad; thence S 56<~ 36' 37" E 49.01 feet arong said right-
of-way line to the beginning of a non-tangent curve to the left, said curve having a radius of 710.00 feet,
concave southeasterly; thence southwesterly along said curve 108.44 feet through a central angle of 08°
45' 03" and having a chord bearing S 30° 18' 40" W 108.33 feet; thence S 250 56' 08" W 180.07 feet;
thence S 24° 30' 58" W 314.83 feet to the beginning of a curve to the right, said curve having a radius of
708.00 feet, concave northwesterly; thence southwesterly along said curve 552.69 feet; thence S 69° 15'
08" W 29.32 feet; thence S 00° 00' 00" E 118.02 feet; thence N 89° 59' 55" W 235.52 Feet; thence S 42°
16' 30" W 309,40 feet; thence S 58° 40' 40" W 203.70 feet to the beginning of a non-tangent curve to the
le~t, said curve having a radius of 621.00 feet. concave easterly; thence southerly along said curve 229,64
feet; thence S 00° 19' 51" E 1,525.76 feet; thence S 00° 27' 55" E 484.59 feet to the beginning of a non-
tangent curve to the right, said curve having a radius of 3,885.00 feet, concave southerly; thence easterly
along said curve 260.96 feet through a central angle of 030 50' 55" and having a chord bearing S 83° 00'
07" E 260.92 feet; thence S 080 53' 04" W 50.00 feet to the northerly right-of-way line of Melrose Avenue
and the beginning of a non-tangent curve to the left, said curve having a radius of 3,869.83 feet, concave
southerly; thence westerty along said curve and said right-of-way line 40.12 feet through a central angle
of 00° 35' 39" and having a chord bearing N 81° 24' 45" W 40.12 feet to the point of beginning containing
5.92 acres or 257.990 square feet.
H:%eudora\attach,Mormon Trek Temp. Easement Legal Description.doc
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., iowa City, IA 52240 (319} 356-5139
RESOLUTION NO. 01-164
A RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC ALLEY
RIGHT-OF-WAY AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MERCY IOWA CITY.
WHEREAS, Mercy Iowa City, hereinafter referred to as "Owner" is the fee owner of cedain real
estate located at 500 E. Market Street, Iowa City, Iowa; and
WHEREAS, Owner is undertaking a renovation and expansion of its facilities located at 500 E.
Market Street; and
WHEREAS, Owner desires to expand the existing alley adjacent to Owner's property, which alley
is located within the 500 block north of Market Street and currently consists of 20' of public right-
of-way, from a 20' alley to a 24' alley; and
WHEREAS, the proposed alley expansion would extend 4' beyond the public right-of-way onto
Owner's property; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the City Department of Public Works finds the expansion of the alley to a 24' width to
be a benefit to the traveling public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds the 4' expansion of the alley within the 500 block north of Market
Street, as described in the attached agreement, to be in the public interest.
2. The public alley right-of-way agreement attached hereto is approved as to form and
content, and the Mayor is hereby authorized to execute and the City Clerk to attest the
agreement on behalf of the City of Iowa City, for recordation in the Johnson County
Recerder's Office, at Owner's expense.
Passed and approved this 12th day of ~)une ,2001.
Approved by
cLERK
Resolution No. 01-164
Page 2
It was moved by 0' Donne] ] 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
× Vanderhoef
X Wilburn
PUBLZC ALLEY RlrGHT-OF-WAY AGREEMENT
This Agreement is made by and between Mercy Iowa City, hereinaFter referred to as "Owner,"
and the City of Iowa City, a municipal corporation, hereinaFter referred to as "City."
WHEREAS, OWNER is the fee owner of certain real estate located at 500 E. Market Street, Iowa
City, Iowa; and
WHEREAS, OWNER is undertaking a renovation and expansion of its facilities located at 500 E.
Market Street; and
WHEREAS, OWNER desires to expand the existing alley adjacent to Owner's property, which
aUey is located within the 500 block north of Market Street and currently consists of 20' of
public right-oFway, from a 20' alley to a 24' alley; and
WHEREAS, the proposed alley expansion would extend 4' beyond the public right-of-way onto
OWNER's property; and
WHEREAS, the City of Towa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the City Department of Public Works finds the expansion of the alley to a 24' width
to be a benefit to the traveling public.
NOW, THEREFORE, ]IN CONSIDERAT[ON OF THE MUTUAL PROMISES SET FORTH BELOW, ]'1'
IS AGREED A5 FOLLOWS:
3.. OWNER states and covenants that it is the owner of certain real estate described and
shown as the easement area on Exhibit "A" attached hereto, by virtue of legal and/or
equitable title, that it is lawfully seized and possessed of said real estate, and that it has
good and lawful right to convey this easement.
2. OWNER hereby gran~ and coveys to C~TY a temporary public alley right-of-way
easement for use by the public, with right of ingress and egress thereto, over, through
and across the easement area as shown and described on Exhibit "A" attached hereto
and by this reference made a part hereof (hereaFter "Easement Area'~ for the use as a
public aftey.
3. OWNER agrees to submit reconstruction plans for the alley expansion to the City for
review and approval prior to any construction or reconstruction of the alley, the design
of which shall conform to the standards of the City Code. OWNER further agrees to
repave the entire width of the 24' proposed alley in conformity with the standards of the
City Code.
4. OWNER agrees to use, manage and maintain the additional 4' alley right-of-way located
on OWNER'S property in compliance with the City approved site and construction plans,
together with all applicable City regulations and ordinances.
5. OWNER agrees to restore the alley to its original 20' right-of-way width in conformity
with the standards of the City Code when any one of the following events occurs:
a. Within 90 calendar days after the CFI'Y gives written notice of removal to the
OWNER
b. The use of the property changes and the easement area described and shown on
Attachment A is no longer needed or appropriate, as determined by the City in
its reasonable discretion.
c. OWNER gives written notice to terminate this agreement and agrees to restore
the alley right-of-way to its original 20' width.
If OWNER fails to restore the alley right-of-way as required, the C~i'Y may reconstruct
the alley and the cost thereof shall be paid by OWNER to CrFY.
6. CiTY shall indemni~, defend and hold harmless OWNER from any and all damages
arising solely from the publids use of the easement area. However, this covenant shall
not be construed as creating any benefits to third parties and shall not be construed as
an admission of liability by the City. Furthermore, this covenant shall not be considered
a waiver of any of C~FY'S immunities or defenses under state or federal law.
7. The provisions hereof shall inure to the benefit of and bind the successors and assigns
of the respective parties hereto; shall be deemed to apply to and run with the land and
with the title to the land; and shall be recorded in the 3ohnson County Recorder's Office
at OWNER'S expense.
SIGNED this ~-~) day of ./'/']~Zz,,/ ,2001.
MERCY HOSPITAL, IOWA CITY, IOWA d/b/a
By By: c_<...-~---~..c,cd
Ernest W. Lehman, Nayor Name & Title ~on~--~,~
Marian K. Karr, City Clerk z-~z~,n
Approved by
STATE OF IOWA, COUNTY OF JOHNSON
as ~ ~ C'~"~ and ~/P /~, .b^Tt.,~z,,,~ c~f Mercy HospitM, Iowa
City, Iowa. Said persons acknowledge ~at ~ coloration has no seal.
Not~ Pubhc for the State of~ ~. petenc~mi~t
Nota~ ~ublic. State of Iowa
No, ]83082
Commission Expires. danua~ 3~, 2002
STATE OF IOW~ CO~TY OF JO~SON
On this I.~ day of ~3'a~t ,2001, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Ernest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and the instrument was signed and sealed on behalf of the corporation by
authority of its City Council; and Ernest W. Lehman and Madan K. Karr acknowledged
the execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
.~-,,4n~.Z~,,-,tb -'~ /.5' ~ 7 q /
Document prepared by Ralph Stoffer, 5,55 Southgate Ave, Iowa City, Iowa 52240 (319) 354-1984
Exhibit "A" ~-'-
BLOOMINGTON STREET
80' 80' 80'
~ 3 2
kd s~>ut~ 4.00' or..ors ~ 4
b
~ B l 47
* oc<
5 6 7
80' 80' 80'
MARKET STREET
DESCRIPTION OF ~SEMENT AR~:
Th~ seu[h 4.~0 f¢~t ~f Lots 3 end
4 ef Bleck 47 ef th~ Origln~l
ot Iewe City, lewd, eccordieg te ~he
pl~t r~cord,d in Beok ~ P~ge )~6
of th~ dehn~on Ceunty R~corder's
recerds.
Prepared by: Sarah E. Holecek, First Asst. City Arty, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO, 01-165
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A SUBORDINATION AGREEMENT FOR 4 HEATHER COURT, BEL AIR
SUBDIVISION, IOWA CITY, IOWA
WHEREAS, when platted in approximately 1976, the Developers agreements for Bel Air
Subdivision required the installation of sidewalks adjacent to streets within the subdivision; and
WHEREAS, while all other requirements of the Developer's agreements have been met and
released, no sidewalk has been installed per the agreement, thus a release is not appropriate;
and
WHEREAS, while the City has not required the installation of sidewalks per the agreement, the
City wishes to reserve the right to require the installation of sidewalks in the future; and
WHEREAS, it is reasonable to subordinate the City's lien for the installation of sidewalks to the
mortgage lender's security interest in order to allow the mortgage on the subject property to be
marketed on the secondary mortgage market; and
WHEREAS, such subordination of the City's lien of the installation of sidewalks will not unduly
compromise the City's ability to require the installation of sidewalks; and
WHEREAS, the subordination agreement requires City Council approval and the execution of the
same is in the public interest of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached
Subordination Agreement for 4 Heather Court, Bel Air Subdivision, Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to cedify a copy of this Resolution and to
attach the same with the above-referenced Subordination Agreement for recordation in the
Johnson County Recorder~s Office by and at the expense of Lafayette Bluford Adams Ill
and Doris Smith Witt.
Passed and approved this 12th day of -~/~-2, '~-/)~E-~
ey e
/
Resolution No. 01-165
Page 2
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfsb
X Vsnderhoef
X Wilbum
SUBORDINATION AGREEMENT
The City of Iowa City, Iowa, entered into a Subdivision Agreement with City
Development Company, Inc., et al. Said Agreement which covered the Bel Air Fifth Addition,
was recorded on the 8th day of November, 1972, in Book 393, Page 234, Records of the Johnson
County Recorder's Office. All the requirements of said Agreement have been satisfied and the
City has released its lien on the properties located within that subdivision, with the exception of
the sidewalks. The City of Iowa City, Iowa, has not required the installation of those sidewalks
as of this date.
The City of Iowa City, Iowa, further acknowledges that Lafayette Bluford Adams III and
Doris Smith Witt have become the Mortgagors in a certain mortgage in favor of Hawkeye State
Bank, which mortgage is dated the day of ,2001, and was recorded
on the . day of ,2001, in Book , Page , Mortgage
Records of the Johnson County Recorder's Office. Said mortgage, which is in the amount of
$ , covers the herewith described real estate situated in Johnson County,
Iowa, to-wit:
Lot 10 Block 14, 5th Addition to Bel Air Addition to Iowa City,
Iowa, according to the plat thereof recorded in Plat Book 11, Page
46, Plat Records of Johnson County, Iowa.
The City of Iowa City, Iowa, hereby agrees that its sidewalk lien recorded in Book 393,
Page 234, on November 8, 1972, shall be subject and subordinate to the above-described
mortgage in favor of Hawkeye State Bank dated , 2001, and shall remain
secondary and inferior to said lien for so long as said mortgage in favor of Hawkeye State Bank
remains unreleased of record. This Subordination Agreement relates only to the aforementioned
mortgage affecting the aforementioned real estate situated in Johnson County, Iowa.
Dated this/,~ day of June, 2001.
CITY OF IOWA CITY, IOWA
Ernest W. Lehman, Mayor
Manan K. Karr, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this /,~ day of June, 2001, before me, a Notary Public in and for the State of
Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who
being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in (Ordinam~) (Resolution) No. ot-/~, 5
passed by the City Council on the /.~ day of '~',, ~,~ ,2001, and that Ernest W.
Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
~ond.~t't--,Z,b "~ /SIt 7q/
Notary Public in and for the State of Iowa
2
06~01 N
~: Sarah E. Holecek, First Asst. City Arty, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO.
LUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY TO
A SUBORDINATION AGREEMENT FOR 4 HEATHER COU BEL AIR
ON, IOWA CITY, IOWA
WHEREAS, when in approximately ]976, the Developer's for Eel Air
Subdivision ;idewalks adjacent to streets within and
WHEREAS, of the Developer's agreements been met and released,
no sidewalk has been installed the agreement, thus a release is not ; and
WHEREAS, while the City the installation of sid per the agreement, the City
wishes to reserve the right to require the future; and
WHEREAS, it is reasonable to the City's liel the installation of sidewalks to the
mortgage lender's security interest in allow on the subject property to be
marketed on the secondary mortgage market;
WHEREAS, such subordination of the City's the installation of sidewalks will not unduly
compromise the City's ability to of sidewalks; and
WHEREAS, the subordination agreement City ouncil approval and the execution of the
same is in the public interest Iowa City, I ~va.
NOW, THEREFORE, BE IT BY THE CITY UNCIL OF THE CITY OF IOWA
,owA, T,AT:
1 The Mayor is hereby,o si'Low t , ,y t, ho :,tached
Subordination Agreen,,
County at the expense of Lafayette Bluford Ada~s III and Doris Smith
Witt.
Passed and al: this day of ,2001. '\
MAYOR
\
A'I'I'EST: \
CITY CLERK
City Att~
SUBORDINATION AGREEMENT
The City of Iowa City, Iowa, entered into a Subdivision .,Agreement with
on the day of Said
Agreement which ered the Bel Air Addition, was recorded day of
· in Book , Page , Records of the
Johnson County Recorder's All the requirements of said satisfied
and the City has released on the properties located that subdivision, with the
exception of the sidewalks. The of Iowa City, has not required the installation of
those sidewalks as of this date.
The City of Iowa City, Bluford Adams III and
Doris Smith Witt have become the mortgage in favor of Hawkeye State
Bank, which mortgage is dated the of ,2001, and was recorded
on the day of in Book , Page , Mortgage
Records of the Johnson County Office. Said mortgage, which is in the amount of
$ , covers the estate situated in Johnson County,
Iowa, to-wit:
for 4
The City of: City, Iowa, hereby agrees that it dated ,
~, and rec Book ., Page _, on , shall
be subject to the above-described mortgage in of Hawkeye State Bank
dated ,2001, and shall remain secondary and inferior to lien for so long as
said mortgage in favor of Hawkeye State Bank remains unreleased of record, This
Subordination Agreement reltes only to the aforementioned mortgage affectin the
TY ' '
/
CI OF IOWA CITY, IO~
/
//
/
~, Mayor
Attest:
K. Karr, City Clerk
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this ,2001, befo~re me, a Notary Public in and
for the State of appeared Ernest W. Lehman d Marian K. Karr, to me
personally known, me duly sworn, did say that they are e Mayor and City Clerk,
respec th. of Iowa City, Iowa; that the seal affixed to th foregoing instrument is
the cG dz corporation, and that the instnunent was signe and sealed on behalf of
the c~ b authority of its City Council, as contained in ( dinance) (Resolution)
No. passed by the City Council on the day f ,
n e n i;hne,
by executed. \
Notary Public in and for the State of Iowa
2
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-166
RESOLUTION OF INTENT TO CONVEY THE PORTION OF HEMINGWAY LANE
LOCATED WEST OF RUSSELL DRIVE TO STEVE KOHLI CONSTRUCTION, L.C.,
AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 26, 2001.
WHEREAS, when Southpointe Addition Part 7 (a resubdivision of a portion of Southpointe Parts
2 and 3) was designed, a portion of right-of-way previously dedicated to the City was to be
utilized for stormwater management purposes and would no longer be used as a street; and
WHEREAS, due to oversight, the former dedicated right-of-way was not formally vacated,
although the replatted Southpointe Addition Part 7 was approved in 2000; and,
WHEREAS, this action will address any title objections raised as a result of the replatted right-
of-way; and
WHEREAS, as the replatting of the subdivision results in fewer lots, a better stormwater
management design, and more open space on this property, it is recommended that the
property be conveyed to the developer, Steve Kohli Construction, L.C., without compensation to
the City; and
WHEREAS, the disposition of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to convey its interest in the portion of
Hemingway Lane located west of Russell Drive in Iowa City to Steve Kohli Construction,
L.C.
2. A public hearing on said proposal should be and is hereby set for June 26, 2001, 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, and that the City Clerk be and is hereby directed to cause notice
of said public hearing to be published as provided by law.
Resolution No. 01-166
Page 2
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Passed and approved this 12th day of Jun ,2001.
~X'Y ~ """
ATTEST: ~I~'~E~KK lz2' '=~ -L )
Ap_ y
Sarah~landuse~southpointe 7 res of intent to convey
I06-'12-01
Prepared by: Sylvia A. Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 01-167
RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR
CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES
FOR FY02 AND FY03,
WHEREAS, the City of Iowa City employs certain employees referred to as Confidential,
Administrative and Executive personnel; and
WHEREAS, it is necessary to establish position classifications and compensation ranges for
said personnel.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that Confidential/Administrative and Executive employees shall receive
compensation as established by the FY02 and FY03 Confidential/Administrative and Executive
Classification Compensation Plans, as attached.
Passed and approved this 12th day of ,June ,2001.
Approved by
It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
× Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
humanrel\res~onfadmpayplan.doc
ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY02 (JULY 7, 2001)
PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX
6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
12. 00% 3.50% 3.50% 3.50% 3. 50% 3. 50% 3. 50% 3.50%
23
Admin Clerk/Typist $12.90 $14.46 $14.94 $15.47 $16.00 $16.57 $17.15 $17.76 $18.37 $18.48
Document Specialist $1,032.00 $1,156.80 $1,195.20 $1,237.60 $1,280.00 $1,325.60 $1,372.00 $1.420.80 $1,469.60 $1,478.40
License Specialist $26,832.00 $30,076.80 $31,075.20 $32,177.60 $33,280.00 $34,465.60 $35,672.00 $36,940.80 $38,209.60 $38,438.40
24
Admin Secretary $13.96 $15.62 $16.17 $16,74 $17.32 $17.93 $18.56 $19.23 $19.89 $20,21
Code Enforce Assist $1,116.80 $1,249.60 $1,293.60 $1,339.20 $1,385.60 $1,434,40 $1,484.80 $1,538.40 $1,591.20 $1,616.80
Deputy City Clerk $29,036.80 $32,489.60 $33,633.60 $34,819.20 $36,025.60 $37,294.40 $38,604.80 $39,998.40 $41,371.20 $42,036.80
Operations Specialist
Assistant to PCRB
25
Admin SecJRcrds Spr $15.08 $16.90 $17.50 $18.12 $18.75 $19.41 $20.08 $20.80 $21.54 $22.13
Personnel Assistant $1,206.40 $1,352.00 $1,400.00 $1,449.60 $1,500.00 $1,552.80 $1,606.40 $1,664.00 $1,723.20 $1,770.40
Programmer/Analyst $31,366.40 $35.152,00 $36,400.00 $37,689.60 $39,000.00 $40,372.80 $41,766.40 $43,264.00 $44,803.20 $46,030.40
Office Mnger- Library
Library Building Manager
26
Adm Asst to Cty Mngr $16.34 $18.32 $18.95 $19.62 $20.30 $21.01 $21.74 $22.52 $23.28 $24.17
Budgt Mngrnnt Anlyst $1,307.20 $1,465.60 $1,516.00 $1,569.60 $1,624.00 $1,680.80 $1,739.20 $1,801.60 $1,862.40 $1,933.60
Emrgncy Comm. Supr $33,987.20 $38,105.60 $39,416.00 $40,809.60 $42,224.00 $43,700.80 $45.219.20 $46,841.60 $48,422.40 $50,273.60
Equipment Shop Super
Legal Assistant
Occ. Safety & Trng Spec
Personnel Generalist
Sr Programmer/Analyst
Production Coordinator
Assistant Controller
Architectural Services/Energy Coord.
FY02admin2.xls Page 1
PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX.
6 mo. 12 mo. 18 too. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
5. 50% 5. 50% 5. 50% 3. 50% 3.50% 3. 50% 3.50% 3. 50% 3. 50%
27
Airport Manager $17.69 $18.68 $19.70 $20.77 $21.53 $22.28 $23.05 $23.86 $24.70 $25.56 $26.45
Anir0al Control Supr $1.415.20 $I,494.40 $1,576.00 $1,661.60 $1,722.40 $1,782.40 $1,844.00 $1,908.80 $1,976.00 $2,044.80 $2,116.00
Assist Supt - Wstwter $36,795.20 $38.854.40 $40,976.00 $43,201.60 $44,782.40 $46,342.40 $47,944.00 $49,628.80 $51.376.00 $53,164.80 $55,016.00
Assist Supt - Streets
Assist Supt - Water
Document Serv Supr
Library Coord-Develpmnt
Parking Operations Supr
Transit Operations Supr
Web Developer
Assist Supt - Landfill
28
Assist City Attorney $19.14 $20.20 $21.29 $22.46 $23.26 $24.08 $24.92 $25.79 $26.69 $27.62 $28.95
Customer Service Mngr $1,531.20 $1,616.00 $1,703.20 $1,796.80 $1,860.80 $1,926.40 $1.993.60 $2,063.20 $2.135.20 $2,209.60 $2,316.00
Human Rights Coord $39,811.20 $42,016.00 $44,283.20 $46,716.80 $48,380.80 $50,086.40 $51,833.60 $53,643.20 $55,515.20 $57,449.60 $60,216.00
Central Services Administrator
29
Cable TV Admin $20.74 $21.89 $23.10 $24.38 $25.21 $26.12 $27.00 $27.96 $28.96 $29.97 $31.65
Controller $1,659.20 $1,751.20 $1,848.00 $1,950.40 $2,016.80 $2,089.60 $2,160.00 $2,236.80 $2,316.80 $2,397.60 $2,532.00
Equipment Supr $43.139.20 $45,531.20 $48,048.00 $50,710.40 $52,436.80 $54,329.60 $56,160.00 $58,156.80 $60,236.80 $62.337.60 $65,832.00
Police Sergeant
Sr BIdng Inspector
Sr Engineer
Sr Housing Inspector
Parking Manager
Special Projects Administrator
Transit Manager
FY02admin2.xls Page 2
PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX.
6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
5.50% 5. 50% 5. 50% 3. 50% 3. 50% 3.50% 3.50% 3. 50% 3. 50%
30
Battalion Chief $22.43 $23.70 $24.98 $26.35 $27.30 $28.25 $29.21 $30.25 $31.31 $32.41 $34.58
Con~munity Dev Coord $1,794.40 $1,896.00 $1,998.40 $2,108.00 $2,184.00 $2,260.00 $2,336.80 $2,420.00 $2,504.80 $2,592.80 $2,766.40
First Asst City Attorney $46,654.40 $49,296.00 $51,958.40 $54,808.00 $56,784.00 $58,760.00 $60,756,80 $62,920.00 $65,124.80 $67,412.80 $71,926.40
Library Coordinator
Police Lieutenant
Wastewater Suprintndnt
Senior Center Coord
Senior Planner
Supt of Parks & Forestry
Supt of Streets/Water Dist
Water Superintendent
Housing Administrator
Network Analyst
31
Assist Finance Director $24.32 $25.65 $27.04 $28.56 $29.55 $30.59 $31.66 $32.75 $33.90 $35.08 $37.80
Assist Library Director $1,945.60 $2.052.00 $2,163.20 $2,284.80 $2,364.00 $2,447.20 $2,532.80 $2,620.00 $2,712.00 $2,806.40 $3,024.00
Assist PCD Dir/JCCOG $50,585.60 $53,352.00 $56,243.20 $59,404.80 $61,464.00 $63,627.20 $65,852.80 $68,120.00 $70,512.00 $72,966.40 $78,624.00
Personnel Administrator
Police Captain
Recreation Suprintndnt
ITS Coordinator
32
City Engineer $26.30 $27.76 $29.28 $30.89 $31.99 $33.10 $34.26 $35.45 $36.67 $37.98 $41.29
$2,104.00 $2,220.80 $2,342.40 $2,471.20 $2,559.20 $2,648.00 $2,740.80 $2,836.00 $2,933.60 $3,038.40 $3,303.20
$54,704.00 $57,740.80 $60,902.40 $64,251.20 $66,539.20 $68,848.00 $71,260.80 $73,736.00 $76,273.60 $78.998.40 $85,883.20
FY02admin2.xls Page 3
EXECUTIVE PAYPLAN - FY02 (JULY 7, 2001)
MINIMUM MAXIMUM
33
Fire Chief $28.47 $45.12
HIS Director $2,277.60 $3,609,60
Library Director $59,217.60 $93,849.60
Prkng & Transit Director
Parks & Rec Director
PCD Director
34
Assist City Manager $30.83 $49.34
Finance Director $2,466.40 $3,947.20
Police Chief $64,126.40 $102,627.20
Public Works Director
FYO2admin2.xls Page 4
ADMINISTRATIVE/CONFIDENTIAL PAYPLAN - FY03 (JULY 6, 2002)
PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX
6 mo. 12 mo. 18 too. 2.5 yrs. 3.5 yrs. 4.5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
12.00% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50%
23
Admin Clerk/Typist $13.32 $14.93 $15.43 $15.97 $16.52 $17.11 $17.71 $18.34 $18.97 $19.08
Document Specialist $1,065.60 $1,194.40 $1,234.40 $1,277.60 $1,321.60 $1,368.80 $1,416.80 $1,467.20 $1,517.60 $1,526.40
License Specialist $27,705.60 $31,054.40 $32,094.40 $33,217.60 $34,361.60 $35,588.80 $36,836.80 $38,147.20 $39,457.60 $39,686.40
24
Admin Secretary $14.41 $16.13 $16.70 $17.28 $17.88 $18.51 $19.16 $19.85 $20.54 $20.87
Code Enforce Assist $1,152.80 $1,290.40 $1,336.00 $1,382.40 $1,430.40 $1,480.80 $1,532.80 $1,588.00 $1,643.20 $1,669.60
Deputy City Clerk $29,972.80 $33,550.40 $34,736.00 $35,942.40 $37,190.40 $38,500.80 $39,852.80 $41,288.00 $42,723.20 $43,409.60
Operations Specialist
Assistant to PCRB
25
Admin SecJRcrds Spr $15.57 $17.45 $18.07 $18.71 $19.36 $20.04 $20.73 $21.48 $22.24 $22.85
Personnel Assistant $1,245.60 $1,396.00 $1,445.60 $1,496.80 $1,548.80 $1,603.20 $1,658.40 $1,718.40 $1,779.20 $1,828.00
Programmer/Analyst $32,385.60 $36,296.00 $37,585.60 $38,916.80 $40,268.80 $41,683.20 $43,118.40 $44,678.40 $46,259.20 $47,528.00
Office Mnger - Library
Library Building Manager
26
Adm Asst to Cry Mngr $16.87 $18.92 $19.57 $20.26 $20.96 $21.69 $22.45 $23.25 $24.04 $24.96
Budgt Mngmnt Anlyst $1,349.60 $1,513.60 $1,565.60 $1,620.80 $1,676.80 $1,735.20 $1,796.00 $1,860.00 $1,923.20 $1,996.80
Emrgncy Comm. Supr $35,089.60 $39,353.60 $40,705.60 $42,140.80 $43,596.80 $45,115.20 $46,696.00 $48,360.00 $50,003.20 $51,916.80
Equipment Shop Super
Legal Assistant
Occ. Safety & Trng Spec
Personnel Generalist
Sr Programmer/Analyst
Production Coordinator
Assistant Controller
Architectural Services/Energy Coord.
FY03admin2.xls Page 1
PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX.
6 mo. 12 mo. 18 mo. 2.5 yrs. 3.5 yrs. 4,5 yrs. 5.5 yrs. 6.5 yrs. 7.5 yrs.
5. 50% 5. 50% 5. 50% 3.50% 3. 50% 3. 50% 3. 50% 3.50% 3.50%
27
Airport Manager $18.26 $19.29 $20.34 $21.45 $22.23 $23.00 $23.80 $24.64 $25.50 $26.39 $27.31
Animal Control Supr $1.460.80 $1,543.20 $1,627.20 $1,716.00 $1,778.40 $1.840.00 $1,904.00 $1,971.20 $2,040.00 $2,111.20 $2,184.80
AssistSupt-Wstwter $37,980.80 $40,123.20 $42,307.20 $44,616.00 $46,238.40 $47,840.00 $49,504.00 $51,251.20 $53,040.00 $54,891.20 $56,804.80
Assist Supt - Streets
Assist Supt - Water
Document Sen/Supr
Library Coord-Develpmnt
Parking Operations Supr
Transit Operations Supr
Web Developer
Assist Supt - Landfill
28
Assist City Attorney $19.76 $20.86 $21.98 $23.19 $24.02 $24.86 $25.73 $26.63 $27.56 $28.52 $29.89
Customer Sen/ice Mngr $1,580.80 $1,668.80 $1,758.40 $1,855.20 $1,921.60 $1,988.80 $2,058.40 $2,130.40 $2,204.80 $2,281.60 $2,391.20
Human Rights Coord $41,100.80 $43,388.80 $45,718.40 $48,235.20 $49,961.60 $51,708.80 $53,518.40 $55,390.40 $57,324.80 $59.321.60 $62,171.20
Central Sen/ices Administrator
29
Cable TV Admin $21.41 $22.60 $23.85 $25.17 $26.03 $26.97 $27.88 $28.87 $29.90 $30.94 $32.68
Controller $1,712.80 $1,808.00 $1,908.00 $2,013.60 $2,082.40 $2,157.60 $2,230.40 $2,309.60 $2,392.00 $2,475.20 $2,614.40
Equipment Supr $44,532.80 $47,008.00 $49,608.00 $52,353.60 $54,142.40 $56,097.60 $57,990.40 $60,049.60 $62.192.00 $64,355.20 $67,974.40
Police Sergeant
Sr BIdng Inspector
Sr Engineer
Sr Housing Inspector
Parking Manager
Special Projects Administrator
Transit Manager
FYO3admin2.xls Page 2
Prepared by Andrew Mauhews, Asst. City ARorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-168
RESOLUTION APPROVING ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM
CABLEVISION VII, INC. TO MEDIACOM COMMUNICATIONS CORPORATION AND ITS
DESIGNATED AFFILIATE
WHEREAS, Cablevision VII, Inc., doing business as AT&T Broadband ("AT&T"), owns,
operates, and maintains a cable television system (the "System") in the City of Iowa City, Iowa,
pursuant to a cable franchise ("Franchise") granted by the City Council of the City of Iowa City
("City"), and is the duly authorized holder of the franchise; and
WHEREAS, AT&T and Mediatom Communications Corporation are parties to an Asset
Purchase and Sale Agreement ("Agreement") pursuant to which the System and the Franchise
will be assigned to Mediatom Communications Corporation, or any entity controlling, controlled
by, or under the common control with Mediatom Communications Corporation (collectively
"Mediatom"), (the "Assignment"); and
WHEREAS, AT&T and Mediacom have requested the consent of the City to the Assignment in
accordance with the requirements of the Franchise, and have provided information necessary in
order to facilitate a decision by the City ("Assignment Application"); and
WHEREAS, the City, through its Telecommunications Commission, has investigated the
qualifications of Mediacom and finds it to be a suitable assignee.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The City of Iowa City accepts the Assignment Application and consents to the
Assignment to Mediaeom, in accordance with the terms of the Franchise.
2. This Resolution shall become effective upon the closing of the transaction contemplated
by the Agreement when Mediacom purchases the System from AT&T and assumes the
obligations under the Franchise.
ATTEST: 'Ci~T/~L~p~d
CI
Approved by:
tt
Resolution No. 01-168
Page. 2
It was moved by Pfab and seconded by Champ'ion 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
_.JX ,, Wilbum
City of Iowa City
MORANDUM
Date: May 17, 2001
To: Iowa City Telecommunications Commission
From: Andy Matthews, Assistant City Attorney//~fl~
Re: Assignment of Cable Franchise to Mediacom Corrkmunications Corp.
Cablevision VII, Inc., doing business as AT&T Broadband, currently owns, operates, and
maintains the current cable television system in Iowa City. AT&T has entered into an
agreement to sell the system and assign the franchise to Mediacom Communications
Corp., and has formally requested the consent of the City of Iowa City to said sale and
assignment.
City Code section 12-4-33-A provides, among other things, that a franchise shall not be
assigned or transferred nor title to the cable system pass or vest in any person without the
prior written consent of the City. Section 12-4-33-D of the City Code provides that the
City consent to the change, transfer or acquisition of control. It further provides that the
City may, for the purpose of determining whether it shall consent to such change,
transfer, or acquisition of control, inquire into the legal, financial, character, technical and
other public interest qualifications of the of the prospective transferee. It further provides
that the City reserves the right to impose certain conditions on the transferee as a
condition of the franchise to insure that the transferee is able to meet the existing
ordinance and franchise requirements.
City Code section 12-4-33-G provides that in the absence of extraordinary circumstances,
the City will not approve any transfer or assignment of the franchise prior to construction
or the completion of the rebuild of the system and that subject to the conditions of section
617 of the Cable Act, as amended, the City shall not approve a transfer if the grantee has
not held the franchise for a period of three years.
With the above-referenced City Code provisions in mind, the focus on the part of the
Commission and the City should be whether the transferee (Mediacom) has the requisite
legal, financial character, technical and other public interest qualifications. These factors
relate to the ability of Mediacom to provide reliable cable service. I would recommend
against considering the provisions of section 12-4-33~G as they relate to AT&T's not
holding the franchise for three years, as federal law does not either implicitly or explicitly
permit such consideration and the only relevant way it could arguably be considered is as
it affects the ability to provide the services they are undertaking.
In reviewing the transfer documents, and in considering the relevant factors listed in 12-
4-33-D of the City Code, Mediacom certainly seems to have the legal and technical
background and experience. In reviewing the legal claims against Mediacom, none seem
to rise to the level that it would call into question the character or public interest
qualifications of the transferee. The submitted documents, if anything, show more of an
expertise and willingness on the part of Mediacom to specialize in the smaller market
communities such as Iowa City and to invest in upgrades and expansion of services in
those targeted markets.
The remaining factor, whether the company has the financial ability to provide cable
services under the franchise, is somewhat more problematic, as Form 394 Application for
Franchise Authority Consent to Assignment or Transfer of Control of Cable Television
Franchise notes in Section III that the transferee does not have significant net liquid
assets on hand or available from committed resources to consummate the transaction and
operate the facilities for three months. However, a review of the financial statements
shows that Mediacom has been authorized to sell stock to raise capital, and has additional
credit available to it. Some of the financing may be contingent on approved transfers of
systems to it by AT&T, but I see nothing that calls into question the financial ability of
Mediacom to be able to operate the Iowa City system. Certainly, Mediacom has set an
ambitious schedule for acquisition and upgrading of services and offerings, but they seem
to be able to obtain the necessary capital to carry through.
If you have any questions, do not hesilate to call me.
cc: Eleanor Dilkes, City Attorney
Drew Shaffer, Cable TV Administrator
Dale Helling, Assistant City Manager
2
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-169
RESOLUTION REQUIRING THAT CITY COUNCIL APPOINTEES VOTE IN
ACCORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED BY MOTION,
RESOLUTION, OR ORDINANCE, AND ESTABLISHING THAT FAILURE TO DO SO
SHALL BE JUST CAUSE FOR REMOVAL FROM SUCH APPOINTMENT.
WHEREAS, the City Council appoints council members to serve as Council's representatives to other
organizations or entities; and
WHEREAS, such City Council appointments are currently made to the following organizations or entities:
Johnson County Council of Governments, Emergency Management Commission, Iowa City/Coralville
Visitors and Convention Bureau; and
WHEREAS, the City Council expects that as a representative of Council to said entities the Council
appointee will vote in accordance with the formal action of the City Council as expressed by motion,
resolution, or ordinance; and
WHEREAS, failure to vote in accordance with City Council formal action constitutes good cause for removal
of the City Council appointee; and
WHEREAS, a procedure should be established to provide notice and an opportunity to be heard to the City
Council appointee whose removal is sought pursuant to the terms hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. City Council members who are appointed to serve as Council's representative to other organizations or
entities shall vote in accordance with formal City Council policy as established by motion, resolution or
ordinance.
2. Failure of a City Council appointee to vote in accordance with such formal action of the City Council shall
constitute just cause for removal of the City Council appointee from such appointment.
3. A City Council appointee who fails to vote in accordance with the formal action of the City Council may be
removed by the City Council. Said removal shall be by resolution of the City Council, shall give the
reasons for the removal, and shall be sent by certified mail to the person removed who, upon written
request filed with the City Clerk within thirty (30) days of the date of mailing the copy, shall be granted a
public hearing before the Council on all issues connected with the removal. The hearing shall be held
within thirty (30) days of the date the request is filed, unless the person removed requests a later date.
Following the public hearing the Council will either confirm its earlier decision of removal or reinstate the
removed Council person to the appointment.
Passed and appreved this 12th day of June ,20
CI City Attorney's Office
Eleanor~res~,ouncilvote-resdoc
Resolution No. 01-169
Page 2
It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
City of Iowa City
MEMORANDUM
DATE: June 5, 2001 ~
TO: City Council
FROM: Eleanor M. Dilkes, City Attorney
RE: Resolution regarding City Council appointments
In accordance with City Council direction, on your agenda for June 12 is a resolution
requiring that City Council appointees to other organizations or entities vote in
accordance with City Council policy as established by motion, resolution, or ordinance,
and establishing that failure to do so shall be just cause for removal.
This resolution is limited to City Council appointments of City Council members to serve
as Council's representative to other organizations or entities. Currently, the City Council
makes formal appointments to the following other entities or organizations: Johnson
County Council of Governments, Emergency Management Commission, and Iowa
City/Coralville Visitors & Convention Bureau. Although the City Council does ask its
members to serve on other sub-committees of the Council (for example, Legislative
Committee, Student Senate Committee), these are not appointments to other
organizations that are separate entities which take action independent of the Council.
The resolution also provides that a Council Member's failure to vote in accordance with
the City Council's formal action as expressed by motion, resolution, or ordinance
constitutes good cause for removal of the City Council Member. Finally, the resolution
establishes a procedure for removal. The procedure for removal that I have included in
this resolution tracks that set forth in Section 372.15 of the State Code for removal of
persons appointed to City office. This procedure is as follows:
1. Removal by written resolution of the City Council, which resolution sets forth the
reasons, is filed in the office of the City Clerk and sent by certified mail to the
person removed.
2. The person removed may, within 30 days of the date of mailing of the copy of the
resolution, file a written request with the City Clerk for a public hearing before the
Council on all issues connected with the removal.
3. The hearing is held within 30 days of the date the request is filed unless the
person removed requests a later date.
4. Following the public hearing, the City Council will either confirm its earlier
decision of removal or reinstate the removed Council person to the appointment.
As I mentioned in our earlier discussions, I believe the City Council could, if it chose,
dictate a different procedure for removal than that set forth in Section 372,15 as long as
the prescribed procedure afforded the person removed notice and an opportunity to be
June 5,2001
Page 2
heard. if the City Council desires a different procedure, we will need to discuss it and
revise the resolution.
Please contact me if you have any questions.
cc: Steve Atkins
Dale Helling
Marian Karr
Sarah Holocek
eleanor/mem/removal.doc
J06-12-01
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION REQUIRING THAT CITY COUNCIL APPOINTEES VOTE IN
AC ORDANCE WITH CITY COUNCIL POLICY AS ESTABLISHED Y MOTION,
sT , /
are currently made to th following organizations or entities:
WHEREAS, such ity Councir appointments r~tfC
Johnson County C ncll of Governments Emergency Manage ommission, Iowa City/CoralvirJe
Visitors and Conv ureau' and'
, /
WHEREAS, the City C~6~Jncil expects that as a Council to said entities the Council
appointee will vote in ac~ordance with the formal action City Council as expressed by motion,
resorution, or ordinance; ana,,
.,
NOW, THEREFORE, BE IT OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. City Council members who are a to serve as Council's representative to other organizations or
entities sharl vote in City Council policy as estabrished by motion, resolution or
ordinance.
2. Failure of a City Council City Council shall
constitute just cause for F Cit ;il appointee.
3. A City Council a to vote' h the formal action of the City Council may be
removed by the City Said removal by resorution of the City Council, shall give the
reasons for the shall be sent by mail to the person removed who, upon written
req thirty (30) days date of mailing the copy, shalr be granted a
public hearing before ~ Council on all issues the removal. The hearing shall be held
within thi~ the request is flied removed requests a later date.
Following the publi the Council will its earlier decision of removal or reinstate the
removed Council
Passed and ~ day of ,20
MAYOR
ATTEST:
CITY CLERK :ity Attorney's Office G '~'''' 12)
Prepared by: Andrew Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 01-170
RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS, The Benevolent and Protective Order of the Elks of the U.S.A. Corp., Lodge No.
590 (hereinafter "Elks") filed two lawsuits against the City of Iowa City (hereinafter "City") and
its council members for injuries and damages it claims it sustained as a result of the planned
Peninsula Neighborhood Project real estate development; and
WHEREAS, all parties in this matter have settled their differences, and wish to resolve the
pending litigation; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to the
Elks in the amount of $33,687 in full satisfaction of any and all claims it may have against the
City in the above matter, and in consideration of the EIk's full release and settlement of all
claims.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above named litigation should be and is hereby settled, and said settlement
previously discussed in executive session, is hereby ratified, for the total sum of $33,687,
payable to the Elks and its attorney of record, in full satisfaction of any and all claims.
2. The City Council for the City of Iowa City hereby approves such settlement as being in
the best interest of the City of Iowa City and the parties involved, ratifies said settlement
as provided by law, authorizes the Mayor to sign and the City Clerk to attest the attached
Settlement Agreement and Release and confirms that said settlement is hereby ratified
and approved, contingent upon the Elk's execution of an appropriate release and
settlement agreement.
Passed and approved this 12th day of dune ,2001.
City Attorney's Office
andylmemo/Elks/res.doc.
Resolution No. 01-170
Page 2
It was moved by Vanderhoef and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
. X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
SE'I'I'LEMENT AGREEMENT AND RELEASE
THIS AGREEMENT is entered into by and between the City of Iowa City, Iowa, a municipal
corporation, ("City") and the Protective Order of Elks of the U.S.A. Corp. Lodge No. 590 ("Elks
Club").
WHEREAS, a dispute has arisen between the City and the Elks Club in regard to the City's
development of the Peninsula Neighborhood development, as it affects the operation and
activities of the Elks Club golf course; and
WHEREAS, said dispute resulted in the Elks Club filing two lawsuits against the City and its
Council members and the City filing counterclaims against the Elks Club; and
WHEREAS, the parties wish to resolve their differences, and settle the pending lawsuits.
NOW THEREFORE, IN CONSIDERATION OF THEIR MUTUAL PROMISES HEREIN, THE
PARTIES AGREE AS FOLLOWS:
1. The Elks Club shall complete all landscaping required under the construction and
landscaping plans previously approved by the City and included in the easement granted
by the City to the Elks Club dated November 26, 1997 and recorded in the Johnson
County Recorder's Office at Book 2579, Page 21, and shall complete such landscaping by
December 1, 2001, Any deviation from such landscaping requirements shall require the
review of and approval by the City's Forester.
2. The City agrees that it will not construct a sidewalk or trail path on the south golf course
side of the proposed Willenbrock Circle in the Peninsula Neighborhood development.
3. The City agrees to contribute $33,687 toward the cost of design and installation of fencing
on the Elks Club golf course to dissuade access along the golf course by non-golfers and
non-members along Foster Road, along the proposed Willenbreck Circle area of the
Peninsula Neighborhood development, and along the easement for hole number four in
the Peninsula Park area. The parties acknowledge that the City makes no representations
or guarantees that such fencing will resolve all of the Elks Club access concems and the
City shatl have no further responsibility with respect to fencing and golf course access.
The fencing shall be owned by the Elks Club and the Elks Club shall be solely responsible
for the location, installation and maintenance of said fencing. If the Elks Club fails to install
said fencing within five years of the date of this agreement, then all sums paid by the City
as contribution toward fencing costs shall be returned to the City.
4. The Elks Club releases, acquits, and forever discharges the City of Iowa City, Iowa, and its
Council members, its assigns, successors, and all other persons, firms and corporations,
from any and all liability whatsoever, including all claims, demands and causes of action of
every nature affecting it which it may now have or ever claim to have by reason of any use
or development of the property as depicted on the Preliminary Plat of the Peninsula
Neighborhood dated February 16, 2001 and appreved by Resolution No. 01-36 on
February 20, 2001, and on the Amended Preliminary Plat and Sensitive Areas
Development Plan dated April 12, 2001 and approved by Resolution No. 01-124 on May 3,
2001 and of the Peninsula Park area, or from any representations made by agents or
employees of the City of Iowa City, Iowa regarding said development project. Said
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development, in whole or in part, is the subject of two lawsuits filed by the Elks Club
against the City of Iowa City, in Johnson County Case Nos. LACV061604 and
LACV061761. The Elks Club shall dismiss said suits with prejudice, with costs to be borne
by the Elks Club, The City shall dismiss with prejudice all counterclaims asserted by it
against the Elks Club in said litigation.
5. Except as expressly provided in this Settlement Agreement and Release, all previous
agreements entered into between the City and the Elks Club relative to the Peninsula
Neighborhood Development project or of the property referred to in paragraph four above,
shall remain in full force and effect.
As further consideration, the Elks Club hereby agrees:
6. This Release covers all injuries, loss and damages, whether known or not and which may
hereafter appear or develop arising from the matters referred to above.
7. The above sum and agreement terms are all that the undersigned will receive for its claims
and no promise for any other or further consideration has been made by anyone.
8. This release is executed as a compromise settlement of a disputed lawsuit, liability for
which is expressly denied by the City of Iowa City, Iowa, and the settlement terms and
payment of the above sum herein do not constitute an admission of liability on the part of
any person or entity.
9. The undersigned execute this Release solely in reliance upon its own knowledge, belief
and judgment and not upon any representations made by the party released or others on
their behalf.
10. The undersigned will dismiss with prejudice the cases captioned The Benevolent and
Protective Orderof the Elks of the U.S.A. Corp., Lodge No. 590 v. City of Iowa City, Et al,
Johnson County Nos. LACV061604 and LACV061761.
11. This Settlement Agreement and Release shall be binding upon the successors and
assigns of the parties hereto.
I HAVE READ THE FOREGOING RELEASE AND UNDERSTAND ITS TERMS AND FREELY
AND VOLUNTARILY SIGN THE SAME.
Words and phrases contained in this Release shall be construed as singular or plural and as
masculine, feminine or neuter gender, according to the context.
Dated this 'Tz~' day of yZz,~%C, ,2001. 2
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CAUTION: THIS IS A RELEASE - - READ BEFORE SIGNING
CITY OF IOWA CITY BENEVOLENT AND PROTECTIVE ORDER
OF ELKS OF THE U.S.A. CORP., LODGE
NO. 590
Michael Dill - Exalted Ruler
Approved by:
CITY'S ACKNOWLEDGEMENT
State of Iowa )
) ss:
JOHNSON COUNTY )
On this /~- day of ~_ , 2001, before me, the undersigned, a
Notary Public in and for said County, in said state, personally appeared I~rnest W. Lehman and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and seared on behalf of the corporation by authority of City Council of said
municipal corporation; and that the said Ernest W. Lehman and Madan K. Karr acknowledged the
execution of said instrument to be the voluntary act and deed and said municipal corporation, by it
and by them voluntarily executed.
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ELKS CLUB ACKNOWLEDGMENT
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this '[ .V~ day of ,3L~r~., ,2001, before me, a Notary Public in
and for the State of Iowa, personally appeared Michael Dill, to me personally known, who, being
by me duly swom, did say that they are the Exalted Ruler and
respectively, of the Iowa City Lodge No. 590 B.P.O. Elks of the U.S.A. Corp., the corporatior~
executing the within and foregoing instrument, that (no seal has been procured by) (the seal
affixed thereto is the seal o0 the corporation; that said instrument was signed (and sealed) on
behalf of said corporation by authority of its Board of Directore; and that the said
-- and ~ as
such officers acknowledged the execution of said instrument to be the voluntary act and de~d of
said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
4