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HomeMy WebLinkAbout2002-03-19 Resolution RESOLUTION NO. 02-79 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: First Avenue Club 1550 South First Avenue It was moved by Champion and seconded by . (~'l~nnnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donneli X Pfab X Vanderhoef X Wilburn CIT~ CLERK City Attorney's Office cler k\res\d anceprm.doc Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AY-ES: Champion, Kanner, Lehman, 0'Donnell, Pfab, Vanderhoef~ Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-80 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $8,480,000, as authorized by Section 384.25, of thc City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock~p.M.,onthe 2nd dayof ^pril ,2002, for the purpose of taking action on the matter of the issuance of $8,480,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- Publish 3/20 (5 notices) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF'THE PROPOSEI~ ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $$,450,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 20th day of March 2002. s/Marian K. Karr City Clerk of lowa City, Iowa End of Notice) PASSED AND APPROVED this lgth day of March ,2002. Mayor ATTEST: City Clerk -5- NOTICE OF MEETING OF THE COUNCIL OF THE CITY IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED IS~ $8,480,000 GENERAL OBLIGATION BONDS (FOR AN CORPORATE PURPOSE) OF SAID CITY, AND THE THE ISSUANCE THEREOF PUBLICXlqxOTICE is hereby given that the Council of Iowa City, Iowa, will hold a public l~aring on the day of ~ ,2002, at o'clock .M., in theXt}mma J. Ha~v~l, Civic iowa City, Iowa, at wh--~ch meeting~e Council p/X~ooses to take additional ~ the issuance of $8,480,000 General Obligation Bond~ for an essential City, in order to provide funds to pay t, and repairing of improvements to and streets; improvement, and repair of bridges; the construction the rehabilitation, isting city 1: equipping of cemeteries; and the equipping of the fire, police and s At the above meeting receive oral or written objections from any resident or property owner of said City, the above action. After all objections have been received and at this meeting or at any adjournment thereof, take additional action for the i~ of said bonds or will abandon the proposal to issue said bonds. This notice is given by Iowa, as provided by Section 384.25 of the City Code o Dated this dayfi/~ , City 2ity, Iowa (End of Notice) -4- Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $610,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICA~TION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion~ Kanner~ Lehman~ O'Donnell~ Pfab~ Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-81 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $610,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $610,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to. comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section l. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock~.M., on the 2nd day of ^pril ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $610,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -7- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $610,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $610,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas. This Notice is given by order of the Council of the City of iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 19th day of March ,2002. ATTEST: CityXClerk -9- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CI~F~Y, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT~.TO EXCEED $610,000 PRINCIPAL AMOUNT OF GENERAL OBLI~S,ATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HE6RING ON ISSUANCE OF SAID BONDS Public Notic~'.(s hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing dh,the day of / ,2002, at o'clock __.M., in the Em~, J. Harvat H ' Iowa City, Iowa, at which meeting the Council propos~ to take action for the is exceed $610,000 of General Obligation Bonds. interest at the 'not to exceed 9 per centum per annum, said bonds to be for the funds to pay costs of the purchase of transit busses and ~ equipment; Station No. 3; the acqms public buildings and areas. This Notice is given by ' of Iowa City, Iowa, as provided by Section 384.26 of the Cit~ At any time before the date of said a petition, asking that the question of issuing such bonds be submitted to the ; of said City, may be filed with the Clerk of said City in the manner by a 362.4 of the City Code of Iowa, pursuant to the provisions of Code of Iowa. Dated at Iowa City, 2002. City ~ity, Iowa (End of Notice) -8- Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $680,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-82 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $680,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $680,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to' comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -10- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P__.M., on the 2nd dayof ^pril ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $680,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: ~11- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $680,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $680,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Kart City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 19th day of March ,2002. ATTEST: City~'Clerk -13- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY~ IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT ~O EXCEED $680,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEA~NG ON ISSUANCE OF SAID BONDS Public hereby given that the Council of the City of Iowa City, Iowa, will hold a the day of 2002, at o'clock __.M., J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council to take action for the issuance of not to exceed $680,000 of General Obligation interest at the rate of not to exceed 9 per centum per annum, said bonds to be for the purpose of providing funds to pay costs of boiler improvements Center and Soccer Field improvements. This Notice is given by the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the Cit~ ode of Iowa. At any time before the date a petition, asking that the question of issuing such bonds be submitted to the le City, may be filed with the Clerk of said City in the manner provided by of the City Code of Iowa, pursuant to the provisions of Section 384.26 Code of Iowa. Dated at Iowa City, Iowa, this, of ,2002. City City, Iowa (End of Notice) -12- Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $230,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICA. TION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0~ Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion~ Kanner~ Lehman, O'Donnell, Pfab, Vand~rhoef, Wilburn NAYS: Nav~ Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-83 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $230,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $230,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -14- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock_LP.M., on the 2nd day of ^pril ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $230,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -15- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $230,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $230,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Karr City Clerk of iowa City, Iowa (End of Notice) PASSED AND APPROYq~D this 19th day of March ,2002. ATTEST: City Clerk -17- NOTICE OF MEETiNG OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $230,000 PRINCIPAL AMOUNT OF OBLIGATION BONDS (FOR A ( AND HEARIikIo ON ISSUANCE OF SAID BONDS Public Notice is hei~.by given that the Council of the of Iowa City, Iowa, will hold a public hearing of ., 2002, at o'clock __.M., in the Emma J. Civic ~, Iowa, at which meeting the Council action for the of not to exceed $230,000 of General Obligation Bonds, interest at the of not to exceed 9 per centum per annum, said bonds to be issued g funds to pay costs of equipping of city buildings and offices, Senior Center. This Notice is given by order ofth~ of the City of Iowa City, Iowa, as provided by Section 384.26 of the City At any time before the -- )etition, asking that the question of issuing such bonds be submitted to the l~gal be filed with the Clerk of said City in the manner provided by Section !.4 of the City Code of Iowa, pursuant to the provisions of Section/84.26 of the CiV. Dated at Iowa City, Iowa, th~s day of __ ~ 2002. City Clerk of Iowa City, Iokva (End of Notice) -16- Council Member Champi on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donnel 1 seconded the motion to adopt. The roll was called and the vote was, AYES: Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 02-84 RESOLUTION FIXING DATE FOR A MEET1NG ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Iowa City, Iowa, is in need of funds to carry out a general corporate purpose project as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $700,000 as authorized by Section 384.26 of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000.00; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election; -18- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock I~ .M., on the 2nd day of /~pril ,2002, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and construction of a transit intermodal facility, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -19- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition and construction of a transit intermodal facility. This Notice is given by order of the Council of the City of Iowa City, lowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED ~ APPROVED this lgth day of March ,2002. Mayor ATFEST: City ~'Ierk PGOODRICItX313332\I\10714.071 -21- NOT4,CE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY,"kOWA, ON THE MATTER OF THE PROPOSED ISS1 OF NOT T0"EXCEED $700,000 PRINCIPAL AMOUNT OF OBLIGAT'}QN BONDS (. AND HEARI~? ON ISSUANCE OF SAID BONDS Public Notice is h~eby given that the Council of Iowa City, Iowa, will hold a public hearing onth~ day of ,2002, at o'clock __.M., in the Emma 15Harvat Hall, Iowa City, Iowa, at which meeting the Council proposes't~ take action for the i~, exceed $700,000 of General Obligation Bonds, bemiring interest at exceed 9 per centum per annum, said bonds to be issue~l funds to pay costs of the acquisition and construction facility. This Notice is given by City of Iowa City, Iowa, as provided by Section 384.26 of the CiO oflowa. At any time before the date a petition, asking that the question of issuing such bonds be of said City, may be filed with the Clerk of said City in the manner of the City Code of Iowa, pursuant to the provisions City Code of Iowa. Dated at Iowa City, Iowa, of ,2002. City Iowa (End of Notice) -20- Prepared by:Denny Cannon, Public Works, 410 E. W. ashington St., Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. 02-85 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY02 BRIDGE MAINTENANCE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of April, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, 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 City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19th day of Nar ,20 02 Approved by CITY'CLERK City Attorney's Office It was moved by (;hcr~pion and seconded by 0' Donnel 1 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 pweng/res/bddgemaint doc F:Denny Gannon, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. RESOLUTION lNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY02 MAINTENANCE PROJECT, DIRECTING CITY TO PUBLISH )F SAID HEARING, AND DIRECTING THE ENGINEER TO ~ PLANS ON FILE FOR PUBLIC BE IT RESOLVED BY' -- THE CITY OF IOWA CITY, 1. That a public hearing on the form of and estimate of cost for the construction of th~ project is to the 7th day of March, 2002, at 7:00 p.m. in the Emma J. Hall, Iowa City, Iowa, or if said meeting is cancelled, at the thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized an to publish notice of the public hearing for the above-named project in a news ~ed at least once weekly and having a general circulation in the City, than twenty (20) days before said hearing. 3. That the copy of the plans, and estimate of cost for the construction of the project is hereby placed on file by the City Engineer in the office of City Clerk for public inspection. Passed and approved this day of MAYOR Approved by ATTEST: :LERK Cib. by and seconded by the Resc and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn pweng/res/bfidgemaint~doc Prepared by: Chuck Schmadeke, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5141 RESOLUTION NO. 02-86 RESOLUTION SEI'rlNG A PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3, ENTITLED, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," ARTICLE 5, ENTITLED, "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE CERTAIN SOLID WASTE CHARGES. WHEREAS, the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. A public hearing on an ordinance amending Title 3, entitled, "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Article 5, entitled, "Solid Waste Disposal," of the City Code to increase certain solid waste charges, is to be held on the 2"d day of April, 2002, at 7:00 p.m., in the Emma J. Harvat Hall, 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. 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. Passed and approved this 19th day of March ,20 02 CI~LERK City/~[to~n~y's O~l'ce Resolution No. 02-86 Page 2 It was moved by ChamPion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, lowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-87 RESOLUTION FIXING TIME, DATE AND PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST DELI MART, MUMM'S SALOON AND EATERY, AND NORTH DODGE EXPRESS AND PROPOSED CIVIL PENALTY OF 30-DAY PERMIT SUSPENSIONS FOR CITY NEWS & BOOKS AND DEADWOOD TAVERN WHEREAS, employees of businesses operating under retail cigarette permits, Deli Mart, 525 Highway 1 W, Mumm's Saloon and Eatery, 21 W. Benton Street, North Dodge Express, 2790 North Dodge Street, City News & Books, 113 Iowa Avenue, and Deadwood Tavern, 6 South Dubuque Street were convicted/pled guilty in Johnson County District Court, of violating Iowa Code § 453A.2(I); and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation oflowa Code § 453A.2(1), and a thirty (30) day suspension of its retail cigarette permit the second time, within a two year period, its employee is so convicted or so pleads, all after a hearing and proper notice; and WHEREAS, the City of Iowa City City Council is advised and does believe that hearings should be fixed for April 2, 2002, at 7:00 p.m. in Emma J. Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether civil penalties in the amount of $300.00 should be assessed against Deli Mart, Mumm's Saloon and Eatery, and North Dodge Express, and whether civil penalties of thirty (30) day permit suspensions should be assessed against City News & Books and Deadwood Tavern, all pursuant to Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNC1L that the City Council conduct hearings on April 2, 2002, at 7:00 p.m. in Emrga J. Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether civil penalties in the amount of $300.00 should be assessed against Deli Mart, Mumm's Saloon and Eatery, and North Dodge Express, and whether civil penalties of thirty (30) day permit suspensions should be assessed against City News & Books and Deadwood Tavern, all pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to provide the retail cigarette permit holders with no less than ten (10) days' notice of the hearing by mailing a copy of this Resolution to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSjV~ND APPROVED: Plat'ch 19, .2,,002 ~'~4ayo*r, City of Io~va City - - City ~lerk, City of Iowa City Resolution No. 02-87 Page 2 It was moved by Chaml~ion and seconded by O' 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: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-88 RESOLUTION ACCEPTING WAIVER OF RIGHT TO HEARING AND SUSPENDING RETAIL CIGARETTE PERMIT OF A & J MINI MART, INC. FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on November 27, 200i, Kristine Corinne Peterson was convicted/pled guilty in Johnson County District Court, Case No. 126938 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above convictioniplea, Peterson was an employee of the establishment operating under the retail cigarette permit issued to A & J Mini Mart, 2153 ACT Circle; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation oflowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, on the 13th day of March, 2002, A & J Mini Mart waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by surrendering its retail cigarette permit to the City Clerk for a period of thirty (30) days; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should suspend the retail cigarette permit of A & J Mini Mart for a period of thirty (30) days from the date said permit was turned into the City Clerk and accept the waiver of right to hearing from A & J Mini Mart. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Iowa City Police Department and to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:Iqavch 19, 2002 City~;lerk, City of Iowa City Resolution No. 02-88 Page,2 It was moved by Champion and secqnded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-89 RESOLUTION ACCEPTiNG PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DEL1 MART #2, 1920 LOWER MUSCATINE, IOWA CITY WHEREAS, on November 29, 2001, Jaqueline Marie Naughton was convicted/pled guilty in Johnson County District Court, Case No. STIC 126937 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Naughton was an employee of the establishment operating under the retail cigarette permit issued to Deli Mart #2, 1920 Lower Muscatine, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on March 7, 2002, Deli Mart #2 waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(I), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Deli Mart #2. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:~ ATTEST:/J2]..;~.,~,-~,z~ 42 City"~lerk, City 0f Iowa City Resolution No. 02-89 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-90 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM DELI MART #5,206 E. BENTON STREET, IOWA CITY WHEREAS, on November 20, 2001, Kristina Marie Kooyman was convicted/pled guilty in Johnson County District Court, Case No. STIC126935 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Kooyman was an employee of the establishment operating under the retail cigarette permit issued to Deli Mart #5,206 E. Benton Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on March 7, 2002, Deli Mart #5 waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Deli Mart #5. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: March 19~ 2002 ayor, City of Iowa City C~ty Clerk, C~ty of lo,va City Resolution No. 02-90 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 X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attomey, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-91 RESOLUTION ACCEPTING PAYMENT OF $300.00 CiVIL PENALTY AND WAIVER OF RIGHT TO HEARiNG FROM EAGLE FOOD CENTER #157 WHEREAS, on November 26, 2001, Julie Made Leeney was convicted/pled guilty in Johnson County District Court, Case No. STIC126939 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Leeney was an employee of the establishment operating under the retail cigarette permit issued to Eagle Food Center #157,600 N. Dodge Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on March 4, 2002, Eagle Food Center #157 waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Eagle Food Center #157. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: March 192 2002 City~lerk, City of Iowa City Resolution No. 02-91 Page 2 It was moved by Champion and seconded by 0'Donne11 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: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-92 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM HAWKEYE CONVENIENCE STORE WHEREAS, on November 26, 2001, Lillian Hope Northrup was convicted/pled guilty in Johnson County District Court, Case No. STIC118601 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Northrup was an employee of the establishment operating under the retail cigarette permit issued to Hawkeye Convenience Store, 2875 Commerce Drive, Iowa City, Iowa 52245; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on March 5, 2002, Hawkeye Convenience Store waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hawkeye Convenience Store. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: March 19, 2002 City Clerk, City of Iowa City Resolution No. 02-92 Page. 2 It was moved by £hamp~on and seconded by 0'Donne]l the Resolution be adopted, and upon reil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Kevin O'Malleyl Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 02-93 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution Firstar Bank Iowa NA 520 Walnut 222 Second Ave. S.E. $65,000,000.00 $65,000,000.00 P.O. Box 906 Cedar Rapids, IA Des Moines, IA 50304 52401-1214 iowa State Bank & 102 S. Clinton St. Same $25,000,000.00 $35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. $25,000,000.00 $25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Union Planters Bank, 7130 Goodlett Farms Pkwy. 150 E. Court St. $35,000,000.00 $35,000,000.00 N.A. Cordova, TN 38018 Iowa City, IA 52240-4110 Hawkeye State Bank 229 South Dubuque Same $20,000,000.00 $20,000,000.00 Iowa City, IA 52240 Commercial Federal P.O. Box 73850 301 S. Clinton St. $50,000,000.00 $50,000,000.00 Bank Cedar Rapids, IA Iowa City, IA 52240 52407-3850 Wells Fargo Bank 666 Walnut St. 101 3rd Avenue SW $50,000,000.00 $50,000,000.00 Iowa, N.A. Des Moines, iA 50309 Cedar Rapids, IA 52406 U of I Credit Union 500 Iowa Avenue Same $15,000,000.00 $25,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same $15,000,000.00 $15,000,000.00 Bank PO Box 5880 Coralville, iA 52241 Farmers & Merchants 1550 S. Gilbert St. Same $ 0.00 $15,000,000.00 Savings Bank Iowa City, IA 52240 (~IT'C"CLERK City Attorney's Office Resolution No. 02-93 Page 2 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 ' × Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTTON NO. 02-94 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND US BANK, N.A., NORTH LIBERTY, IOWA, FOR PROPERTY LOCATED AT 2204 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages in the total amount of $11,256, executed by the owner of the property on April 10, 2000, and recorded on April 20, 2000, in Book 2937, Page 284 through Page 293, in the Johnson County Recorder's Office covering the following described real estate: Lot 6 in Block 7, Fair Meadows Addition, Third Unit, Iowa City, Iowa, according to the recorded plat thereof WHEREAS, US Bank, N.A., is refinancing a first mortgage in the amount of $64,800 to the owner of 2204 California Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of US Bank, N.A. secured by the proposed mortgage in order to induce US Bank, N.A., to make such a loan; and WHEREAS, US Bank, NA. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Mortgages with US Bank, N.A.; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and US Bank, N.A., North Libedy, Iowa. Passed and approved this 191;h day of Mar~:h ,2002 . Approved by ATTEST: ,,~l~""'/~.-,.-J ~ ~,,'~'.-~-~ ~ ~''''''~'°~ CIT'~CLE~K City ~,ttS~ney's O~ce Resolution No. 02-94 Page 2 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 × Pfab X Vanderhoef X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Jennifer E. Kerns of us Bank, N.A. , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain mortga~e~ which at this time are in the amount of $. 11,256 and were executed by Jennifer E. Kerns (herein the Owner), dated April 10, 2000 , recorded April 20, 2000 , , in Book 2937 , Page 284 through 293 , Johnson County Recorder's Office, covering the following described real property: Lot 6 in Block 7, Fair Meadows Addition Third Unit, Iowa City, Iowa, according to the plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $ 64,800.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the rea! property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mort~;aAe~ held by the City be subordinated [o [he lien of ti~e mortgage ~reposed to be made by the Financial institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1, Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage% held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial InstittJtion. 2 Consideration. The City ack~;owledges receipt from tbe Financial Institution of One Hundred and Fifty Dollars ($15000) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the t4ort:ga[e__s: of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 28 day of February , 20 02, Attest: City"61erk Approved By CITY'S ACKNOWLEDGEMENT City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1<~ day of /~¢~.c~4 , 20 8o%, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~,¢~_~- gp. L-e.,~A,o __ and Marian K. Karr, to me personally known, and. who, being by me duiy sworn, dld say that they are the Mayor and City C!erk, respectively, o¢ the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the oorperatinn, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Councii, as contained in (C~-d~cnoo) (Resolution) No. oa - ~"/' passed (the Resolution adopted) by the City Council, under Roll Call No. -- -- of the City Council on the _ I¢ day of ,k4.~¢.~4 20 o,:,%, and that ~._~_~ and Marian K. Karr acknowle~lged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed bf the corporation, by it voluntarily executed. ' _,~., SONDRAE FORT '.~ ' My Commission Expires I t~ _ $-7-,,3 ] Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this <-":~'~ day of '~:-,~.~t~,-,~ , A.D. 20C)'Z_ , before me, the undersigned, a Notary Public in and fob the State of Iowa, personally appeared ~._G.c~.J.~t'~o~Ct'~ ,'~ and , to me personally known, who being by me duly sworn, did say that they are the ~er~c:)ct~-~_ Lc~t.~ oht~i~.Y~and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said L~ and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Public in' and ~or the State of Iowa ppdcdbg~ubrdntnagLd°c .o,~,~1 LIZABETH R. OSBORNE I Commission Numbm' 7053121 Prepared by: Liz Osborne, CD Division, 410 E. W~shington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-95 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, AN ADDENDUM, AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1714 DEFOREST STREET, IOWA CITY, IOWA. WHEREAS, on June 7, 1991, the owner of 1714 DeForest Street executed a conditional occupancy Statement of Life Lien in the amount of $3,454; and WHEREAS, the owner spent only $3,335.96 of the amount; and WHEREAS, the loan was paid off on March 12, 2002; 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 1714 DeForest Street, Iowa City, Iowa from the Rehabilitation Agreement, the Addendum, and The Statement of Life Lien recorded on June 28, 1991, Book 1249, Page 165 through Page 171 of the Johnson County Recorder's Office. Passed and approved this 19th day of 14arch ,20 02 . Approved by CIT"~LERK Cit~/Attorr~y's Offic~ It was moved by Champion and seconded by 0'Donne11 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: 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 1714 DeForest Street, Iowa City, Iowa, and legally described as follows: Lot eighty-eight (88) in Block five (5) in Third Highland Development Addition to Iowa City, Iowa, according to the plat thereof, recorded in Plat Book 4, Page 314, Plat Records of Johnson County, Iowa from an obligation of the owners, Janet Fuller and Elma Colony, to the City of Iowa City in the total amount of $3,454 represented by a Rehabilitation Agreement, an Addendum, and a Statement of Life Lien recorded on June 28, 1991, Book 1249, Page 165 through Page 171 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /¢] day of ,~,~c, , A.D. 20 o~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~,~ ~ ~'5 , adopted by the City Council on the /~' day f,,l~c~ ,20 O~ and that the said Ernest W. Lehman and Marian K. K~rr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\1714deforest-rel.($oc Notary Public in and for Johnson County, Iowa ~o~-~,. SONDRAE FORT ~. CommiSsion Number 159791~ "~" My Commission E~pim~ I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-96 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 2750 IRVING AVENUE, IOWA CITY, IOWA, WHEREAS, on May 24, 1999, the owners of 2750 Irving Avenue executed a Second Mortgage in the amount of $30,371.04 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the loan was fully paid on March 15, 2002; 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: 1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2750 Irving Avenue, Iowa City, Iowa from the Mortgage recorded on May 26, 1999, Book 2743, Page 352 through Page 357 of the Johnson County Recorder's Office. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the mortgagor. Passed and approved this 19th day of March ,20. 02 Approved by ClT? CLERK City Attorney's Office Resolution No. 02-96 Page 2 It was moved by Cham@~on 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 × Pfab X Vanderhoef X Wilbum Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 2750 Irving Avenue, Iowa City, Iowa, and legally described as follows: Lot 57 of the Resubdivision of Lot 51 of Walden Hills Subdivision, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa, from an obligation of the property owners, Marcus R. Carson and Kweli K. Carson, to the City of Iowa City in the principal amount of $30,371.04 represented by a Second Mortgage recorded on May 26, 1999, at Book 2743, Page 352, Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY OF IOWA CITY, IOWA Ivl"~arian K. Karr, City Clerk Approved by City Attorney's Office STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this/~ day of t~.4ec~ ,2002, before me, the undersigned, a Notary.Public in and for said County and State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~o'-~ ~r? SONDRAE FORT ]Commission Number 159791 I ri '1 MyCommissi0n Expires -~or~ '~-~ k-r6~{ s - 7- o.$ { Notary Public in and for the State of Iowa marynd[C Housing Authority/Tenant to Own/Carson Release of Lien Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 02-97 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SANITARY SEWER EASEMENT AGREEMENT FOR A PORTION OF LOT 36, SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Streb Investment Partnership, Inc. has submitted a site plan for development of a portion of Lot 36 in Scott-Six Industrial Park, Iowa City, Iowa; and WHEREAS, under said plan, a sanitary sewer line is required to service the additional development within the subdivision, and certain easement rights must be acquired to ensure the continued operation of the public infrastructure; and WHEREAS, City staff has approved the location of the proposed sanitary sewer line providing service to the development on this lot; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare 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 Permanent Sanitary Sewer Easement Agreement for a portion of Lot 36, Scott-Six Industrial Park, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to cedify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Streb Investment Partnership, Inc. Passed and approved this 19th day of N ,2 . CITY'CLERK Ap~3rOve~-d-~y ,' t/City Att(~;rne¢s,~ffice" ) Resolution No. 02-97 Page 2 It was moved by Champi on 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: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 02-98 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE HUNTERS RUN PARK PROJECT. WHEREAS, the Parks and Recreation Department has recommended that the work for the construction of the Hunters Run Park Project, as included in a contract between the City of Iowa City and L. L. Pelling Company of Iowa City, dated August 9, 2001, 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 19t.~hda. of [4a..r.c.,h .2002. Approved by ATTEST: ~l.,,~.~..z..~_~ ~ ~ .~~~,.-/~-o, CITY'CLERK ' 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'Donn~ll X Pfab × Vanderhoef X Wilburn parksrec\res\accephuntersrun.doc Prepared by: Marilyn Kriz, Parks & Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 02-99 RESOLUTION ACCEPTING THE WORK FOR THE RECONSTRUCTION OF THE CITY PARK TRAILS PROJECT WHEREAS, the Parks and Recreation Department has recommended that the work for the construction of the City Park Trails Project, as included in a contract between the City of Iowa City and L. L. Pelling Company of Iowa City, dated August 16, 2001, 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 ]gthda~ of H.a~ch ,2002. /~ Approved by CITY~LERK ' City Attor~eyr~ Office It was moved by (;hamp'i on and seconded by 0' Donne] ] the Resotution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn parksrec\res~acceprcityparktrails.doc Prepared by: Mitch Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. 02-100a RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A DRAINAGE EASEMENT LOCATED ON LOT 1, PARK VIEW TERRACE SUBDIVISION. WHEREAS, the City possesses a drainage easement on Lot 1, Park View Terrace Subdivision; and WHEREAS, there is a garage currently located on Lot 1, which encroaches upon the City's easement; and WHEREAS, the owner of the subject property, Terry Hora, wishes to expand the garage, which would result in a total encroachment of 330 square feet upon the easement, and has requested that the City release that portion of the easement area; and WHEREAS, the area to be released is legally described and designated in the release and Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Public Works Department has recommended the retease of said portion of the easement area; and WHEREAS, it is in the public interest to release said portion of the easement area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council find it is in the public interest to release the portion of the easement legally described and designated in the release and Exhibit A attached hereto and incorporated herein by this reference. 2. The City of Iowa City does hereby abandon, release, and relinquish all right, title, and interest in the portion of the drainage easement area described and designated on Exhibit A attached hereto and incorporated herein by this reference, and The Mayor is hereby authorized to sign and the City Clerk to attest, a partial release of the easement sufficient for recordation. 3. The City Clerk is hereby authorized and directed to certify a copy ~f this resolution for recordation in the Johnson County Recorder's Office, along with the appropriate release, said recording cost be paid by the owner of the subject property. Passed and approved this lgth day of Ma,~cb qI~A~'0R - Approved by ATTEST: ,/~z~..~.~.j> ~ '-.~.4..t_~) ~~ ~./,! ClTY'6LERK Ci~ Att(~rney's 'Office-- Resolution No. 02-100a Page 2 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 Wilburn Prepared by: Mitch Behr, Asst. City Attorney. 410 E. Washington St., iowa City. IA 52240 (319) 356-__ PARTIAL RELEASE OF DRAINAGE EASEMENT The City of Iowa City does hereby release all its right, title, and interest in and to the property legally described and designated on the plat attached hereto as Exhibit A, which is incorporated herein by this reference, from a lien or cloud upon the title placed thereon by the drainage easement grant held by the City by virtue of the final plat of Park View Terrace Subdivision. This partial release of drainage easement shall not be construed as a release of the balance of the property subject to the drainage easement referred to above. Approved by CITY ~-I_ERK Cit~',~,{t 0 rn~y's"Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I~' day of /~A~c.q , A.D. 20 o,~ , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corpmation, by it and by them voluntarily executed. b.4 -~l SONDRAE FORT ICommisslon Number ¶59'fgl I I I Notary Public in and for the State of Iowa My commission expires: 3- 7-o3 rnitc~/c~hora/relea se doc PREPARED BY: MMS CONSULTANTS 1917 S GILBERT BT IOWA CITY, IOWA 52240 (319) 351-8282 LEGAL DESCRIPTION LEGEND AND NrqTES ~,~o, ~,~ ,o~ o~ t.. s~o~. ~ LOT 6 · .%,,-,,~!~¢ ~ LOT 5 ..~ / ~~~ / ~ ~,~ ~ ,~ ~ / ~ /-. ~ ~ ~. LOT 4 /~ , / EASEMENT 6URGE SEGMENT TABLE /' ~ ~ ~ ¢~¢ /~¢¢~ /C-~1120201' I 14.OO'l 1400'1 SlB'lB'42"wl 00'4003'J / ~ ~ ~'~ / ~ ~ /-- / EASEMENT LINE TABLE / ~ 0 ~ "~-~ ,' ,/ ,' L2 S74'2 ' e'e , ~ ~/ ~ ;- ~ / LOT 66 I ~ I ~,~'~ I ~oo/ / ~ F%2~_ , ~ ~ LOT 3 ~ - '. / // ,/ ~/ /8/ TO BE RELEASED ' LOT 64 '- ' *~A=O0~ *C.E PO~.~ O~ ~ e ~LOT / ~ooo~ / a'3v~(u4~)~ ~ ~oo*. ~) ~ ~Zr.~W~' / ' LOT 63 I A _}~ EASEMENT RELEASE PLAT MMS CONSULTANTS, INC. ~ ~ ~ g ' ~ ~ LOT l. PARK VIEW TERRACE SUBDIVISION [~[ Desig,,~ by Or~,n by C~eckee b&~ Prepared by: Shelley McOafferty, Assoc. P~anner, 410 E. Washington St., ~owa Cit~, ~A 52240; 319-356-5243 (SUB01-00024) ! 03-'19-02 ~ I RESOLUTION NO. ' . HEIGHTS, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Napoleon Heights; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms to all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Napoleon Heights, iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of ,2002. MAYO R CITY CLERK 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 sharedlpedlshelleylrezOl-OOO22napoleonhtslsubO1-OOO24res City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty DATE: February 15, 2002 RE: Napoleon Heights Subdivision/Plat (REZ01-00024) The applicant, Southgate Development, has resubmitted a Sensitive Areas Site Plan for the Napoleon Heights subdivision/plat, which has been reviewed by the City Engineer. Staff finds that there are no deficiencies or discrepancies with this plat. The Sensitive Areas Site Plan was required due to the proposed grading for the east/west street that intersects South Gilbed. Any additional development of this property will also require the submission and approval of a Sensitive Areas Site Plan. PRELIMINARY PLAT NAPOLEON HEIGHTS IOWA CITY, IOWA '~ STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty, Planner Item: REZ01-00022 & SUB01-00024 Date: December 6, 2001 GENERAL INFORMATION: Applicant: Southgate Development 775 Mormon Trek Boulevard Iowa City, IA 52246 Contact Person: Glenn Siders Phone: 337-4198 Requested Act[on: Rezoning of 9.79 acres to CC-2 and 4-lot subdivision for future development Purpose: To allow commercial development Location: East of S. Gilbert Street, north of southern city limit Size: Rezoning 9.79 acres; Subdivision 146.69 acres Existing Land Use and Zoning: Agricultural and undeveloped: ID-RS and ID-RM Surrounding Land Use and Zoning: North: RS-5, Residential South: Agricultural and sand extraction; County A, Rural East: Agricultural and Residential; RS and RS-5 West: Undeveloped and City Public Works facility; P and CC-2 Comprehensive Plan: South District Plan depicts mix of single- family, an area of multifamily adjacent to Gilbert Street, and open space File Date: November 14, 2001 45 Day Limitation Period: December 30, 2001 SPECIAL INFORMATION: Public Utilities: City water and sewer are available to the property, though they need to be extended into the property as it develops. 2 Public Services: Police and fire protection will be provided by the City. Refuse collection is provided by the City for single-family and duplex residences. Private refuse collection will be required for commercial and multi-family development. Transportation: Access to the property is available via South Gilbert Street, a City arterial street. The future extension of the new east/west arterial to the east will provide additional access. Sensitive Areas Ordinance: A stream corridor, possible prairie remnant and fully hyrdric soils are located on this property. In addition, the site should be investigated for archeological findings. BACKGROUND INFORMATION: The applicant, Southgate Development, has requested the rezoning of 9.79 acres from Interim Development Single-Family (ID-RS, 9.46 acres), and Interim Development Multifamily (ID-RM, .33 acres) to Community Commercial (CC-2). This property is located on the east side of Gilbert Street just to the north of the southern city limits. The property is located to the south of a proposed east-west arterial street. The area is included in the South District Plan. ANALYSIS: Rezoninq The South District Plan proposes a neighborhood commercial center approximately one mile to the east and south of the subject property. At the time the South District Plan was drafted with the assistance of citizens, the appropriate location for commercial development was discussed. Consideration was given to which area of the South District would be most appropriate for commercial development and the type of commercial development desired by planning workshop participants. During those discussions, citizens indicated that the South District contained an abundance of retail and intensive commercial development along the northern boundary of the district in the vicinity of Highway 6. These developments include Pepperwood Plaza, K-mart, and the retail area along Boyrum Street, as well as a large C1-1 zone along Gilbert Street and Southgate Avenue. Citizens indicated a desire to have a neighborhood-type commercial development in the central portion of the district along Sycamore Street to help create a focal point for the neighborhood. In addition to identifying the desired location for commercial development, the citizens also reviewed a variety of development styles, including conventional strip commercial, a town square type commercial and a main street type commercial development. The workshop participants indicated a preference for a main street or town square style of commercial development as illustrated in the adopted South District Plan. In addition to one central neighborhood commercial district, the South District Plan recognizes the potential for smaller, convenience commercial locations on the perimeter of the neighborhood in locations such as Gilbert Street. The Plan indicates that these convenience commercial areas should be smaller in scale, approximately one acre in size. The Council's adoption of the South District Plan validated the views expressed in the citizen planning workshops and made this approach to commercial development in this are a City policy. The applicant's proposal to rezone approximately 10 acres in the western portion of the district is contrary to the existing South District Plan. If the proposed rezoning is to be approved, an amendment to the Comprehensive Plan will be necessary to change the South District land use 3 plan. Staff is proposing an amendment to the South District Plan to clarify the location of an east- west arterial. The designation of an east-west arterial through portions of the South District also raised the opportunity to reexamine the land-use patterns proposed in the Comprehensive Plan for this area. The overall Comprehensive Plan does indicate that the intersection of two arterial streets are appropriate for a variety of land uses, including commercial land and multifamily uses. If the east- west arterial is built in the revised location, it is staff's opinion that alternatives to single-family development would be appropriate at the intersection of the east-west arterial and Gilbert Street. However, the question of the amount of commercial, and whether or not the main new commercial area in the South District should be moved to this location is more complicated. The more easterly and central location for the neighborhood commercial center was proposed by citizens partially to create a focal point for the neighborhoods located in the South District. Moving the main commercial development to Gilbert Street may detract from that goal of the South District Plan. The more easterly location is also better suited in terms of being central to a larger population base than the site proposed by the applicant. The location proposed by the applicant is in the southwestern portion of the South District. It is near the southern boundary of the area that can be served by the City's sanitary sewer system. Its market area is also restricted by the presence of the Iowa River and non-residential land uses to the west of Gilbert Street. For these reasons it is staff's opinion that in the long-term the more central commercial area now depicted on the South District Land Use Plan or a location farther south at Sycamore and the new arterial is more appropriate to serve the long-term population growth in the South District. It is staff's opinion that it isn't likely that there is a market for two commercial areas in this portion of the city, given that it is near the southern boundary of where we anticipate population growth. In the absence of any evidence from the applicant that the South Gilbert Street location is more appropriate for a new commercial area in the South District, and in the absence of a market study that shows that there is a market in the South District for more commercial development, staff believes that it would be inappropriate to amend the Comprehensive Plan and to grant the applicant's rezoning request. As stated in the South District Plan, a smaller convenience-type commercial development may be appropriate at this intersection. The City has already granted two acres of commercial zoning to Clan Lloyd for the property at the northwest quadrant of the proposed intersection. Staff believes that in order to consider additional commercial development at this intersection, a market study justifying the need and amount of commercial development would be necessary. If there is to be additional commercial development in this area, the citizen participants in the South District planning process expressed a preference for a main street or town square type commercial development. Pages 5 and 6 of the Southwest District Plan list guidelines and goals that citizens established for this type of neighborhood commercial development. Any commercial development other than a small convenience store should therefore be conditioned upon design which implements these guidelines as design standards. These standards would accommodate "...parking lots behind or between buildings; minimal or no building setback from the sidewalk adjacent to the street; upper floor residential use of commercial buildings; townhouses and small scale apartment buildings located in close proximity to the commercial areas; public spaces, and trails that connect the commercial center to the surrounding neighborhood." In addition, staff recommends that rezoning for commercial development should be for a Neighborhood Commercial (CN-1) zone, rather than CC-2. The intent of commercial development in Southwest District is it to serve the immediate surrounding neighborhood. There already exists an abundance of Community Commercial (CC-2) development along Highway 6 that is intended to serve the larger community. 4 Preliminary Subdivision The preliminary plat divides the property into four large lots which defines the property for future development. At the time these lots are developed, further subdivision will be required and analysis will be required. Because this preliminary subdivision defines large lots that the applicant intends to further subdivide for single-family, multi-family and commercial development, the application of the neighborhood ordinance can occur upon further subdivision. The plat as submitted contains of deficiencies that need to be corrected. STAFF RECOMMENDATION: Rezoninq Staff recommends that due to conflict of this rezoning with the Southwest District Plan, the abundance of Community Commercial (CC-2) along Highway 6, and the lack of evidence that the market will support additional commercial development, the REZ01-00022, an application for rezoning of 9.79 acres from ID-RS and ID-RM, to CC-2 be denied. Preliminary Plat Staff recommends SUB01-00024, the subdivision of 146.69 acres into four lots, be deferred pending the correction of plat deficiencies and discrepancies. DEFICIENCIES AND DISCREPANCIES: 1. Include each stormwater management facility within an easement. 2. Further analysis and resolution stormwater drainage and detention issues. 3. All existing utilities need to be shown on plat. 4. Show sewer for Lot 2 Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development SharedJPCDIshelleylREZ01-00022/REZ01-00022staff doc RFBH RM !i 12 P/EM 12 RFBH CiTY OF IOWA CITY CORPORATE LIMITS SITE LOCATION: East side of Gilbert, south of Pepperwood REZ01-00022/SUB01-00024 March 14, 2002 Daryl Howell Department of Natural Resources Wallace State Office Building Des Moines, IA 50319 Dear Mr. Howell: Per our phone conversation of March 12, I am sending a copy of the preliminary plat of Napoleon Heights Subdivision in Iowa City. As we discussed, the city's approval of this plat will allow the eventual construction of the arterial street labeled "Mormon Trek Boulevard" near the southwest corner of the property. A rezoning approval will be required for any further development of the property. Therefore it is my understanding that the concerns you raised regarding the ornate box turtle, are not of concern with approval of this preliminary plat. However, as we discussed when the rezoning of this property is reviewed by the City, the issue of the ornate box turtle will be considered. If Southgate development chooses to build the street, prior to the rezoning of the property, the City will request that they install appropriate fencing or barriers to prevent turtles from entering into the construction area. If you have any questions about this matter or have any comments regarding my summary of our conversation, please write to me or you may send e-mail to bob-miklo@iowa-city.org. Sincerely, Robert Mikto Senior Planner tp3-1 bm doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 THOMAS J. VILSACK, GOVERNOR DEPARTMENT OF NATURAL RESOURCES SALLY J. PEDER$ON, LT. GOVERNOR JEFFREY R, VONK, DIRECTOR ]Fcbma]y 28, 2002 Ernie Lehman, Mayor City of Iowa City 410 East Washington Street Iowa City, IA 52244-1907 Karin Franklin, Director Planning and Cmnmunity Development City of Iowa City 410 East Washington Street Iowa City, IA 52244-1907 Steve Atkins, City Manager City of Iowa City 410 East Washington Street Iowa City, IA 52244-1907 Dear Ms. Franklin and Messrs. Lehman and Atkins: Attached is a copy of the letter sent to Mr. Glenn Siders of Southgate Development concerning the proposed Napoleon Heights subdivision in lowa City. The Iowa Depamnent of Natural Resources is concerned about the possible adverse impact to a known population of the ornate box turtle, a state threatened species, on a portion of the area proposed for development. We request your cooperation to ensure that the information necessary to develop measures to avoid, minimize, or mitigate potential impacts is collected in a timely manner. Also we would appreciate issuance of any city permits or clearances being contingent upon resolution of the ornate box turtle issue. If you have any questions, please contact Daryl Howell of my staff at (515) 281-8524 Sincerely, Mike Brandmp, Division Administrator Forestry, Fish and Wildlife, and Parks, Recreation and Preserves Cc: Glenn Siders, Construction Manager Robert Miklo, Senior Planner Ann Bovbjerg, Planning and Zoning Commission / Tim Thompson, Wildlife Biologist WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 515-281-5918 TDD515-242-5967 FAX515-281-6794 www.state.ia.us/dnr Fields0 pp0dunities S TAT E O F 10 WA THOMAS J. V]LSACK, GOVERNOR DEPARTMENT OF NATURAL RESOURCES SALLY J. PEDERSON, LT. GOVERNOR JEFFREY R. VONK, DIRECTOR February 28, 2002 Mr. Glenn R. Siders Construction Manager Southgate Development 755 Mormon Trek Boulevard P.O. Box 1907 Iowa City, IA 5.2244-1907 Dear Mr. Siders: The Iowa Department of Natural Resources is concerned that the proposed Napoleon Heights subdivision may adversely impact a known population of the ornate box turtle, a state threatened species. This population of ornate box turtles was brought to the attention of Iowa Department of Natural Resources Wildlife Biologist, Tira Thompson in the early 1990's. lnformal surveys conducted in 1997 and 1998 found hatchling box turtles on the property indicating a reproducing population. The harassment or harm ora state endangered or threatened species is illegal and the destruction of their habitat would constitute harassment or harm (Iowa Code Chapter 48 lB). Based on studies of the ornate box turtle in Iowa, the sand ridge that is currently used for pasture should be considered as the primary habitat for the turdes. It provides the appropriate soils for hiberuation and nesting and foraging areas during spring, summer, and fall. Although some turtles may move into the surrounding cultivated fields during summer, they must retnrn to the pasture area in fall to hibernate. In Iowa, ornate box turtles generally are in hibernation between November 1 and March 31, but they may begin borrowing underground as early as mid- September. Because the ornate box turtle is a state threatened species we recommend that your company conduct a mark-recapture sm~ey of the box turtles on the property to determine population size, hibernation sites, and movements during the summer. The survey can be conducted from April, with initial emergence from hibernation, to October when the turtles return to hibernation sites. Survey efforts to estimate population size, locate nesting sites and determine movements are best conducted in May and June when the species is most active. It would also be useful to survey the plant species on the pasture area to determine the quality of the habitat for the ornate box turtle. This information will be necessary to determine hoxv it will be possible to avoid, minimize, or mitigate for potential impacts to the ornate box turtle population. We have had reports that fill was placed on the southeast portion of the sand ridge this past fall and winter, lfthis fill ~vas placed after early September it should be removed from the pasture before March 31 to prevent possible harm to hibernating turtles. The fill should be removed to within 6 inches of the surface, as the turtles will be able to emerge through that depth of fill but not through several feet of compacted material. Please contact Tim Thompson [(319) 354-8343] WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 515-281-5918 TDD 515-242-5967 FAX 515-281~6794 www.state.ia.us/dnr with information as to when the fill was placed and the depth and location of the fill in relation to the pasture and sandy soils. It will also be necessary to contact the DNR when fill is removed from the pasture. Any proposed work that will cause disturbance to the pasture area should occur only after the surveys have been completed and measures to protect the turtles have been agreed upon. Work on the areas adjacent to the pasture may proceed if the turtles are excluded from the construction areas by fencing and ali turtles found in these areas are placed back in the pasture. If the fences are not in place prior to emergence from hibernation, turtles will need to be trapped and removed from the construction zone prior to moving equipment into the area. The following is a list of individuals that have experience in conducting reptile surveys: Dr. Nell Bernstein Dr James Christiansen Department of Biology Department of Biology Mt. Mercy College Olin Hall 1330 Elmhurst Drive NE Drake University Cedar Rapids, IA 52402 Des Moines, IA 50311 (319) 363-8213 (515) 271-2821 Dr. Jeffery Parmelee Mr. Terry VanDeWalle Dept. of Biology and 3298 Finley Ave. Environmental Science Brandon, IA 52210 Simpson College (319) 232-653 I Indianola, IA 50125 (515) 961-1821 Please contact Da~yl Howell of my staff to let us know your plans for the proposed project. Also if you have any questions, please contact Daryl at (515) 281-8524, Daryl.Howell~'~,dnr.state ia.u~, or the listed address. Si~cerely, Mike Brandrulz Inteh~ Division Administrator Forestry, Fish and Wildlife, and Parks, Recreation, and Prese~es Cc: Ernie Lehman, Mayor Steve Atkins, City Manager Karin Franklin, Director Planning and Community Development Robert Miklo, Senior Planner Ann Bovbjerg, Planning and Zoning Commission ~" Tim Thompson, Wildlife Biologist Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5240 (SUB02- ) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF STONE BRIDGE ESTATES, PARTS 2-4, IOWA CITY, IOWA. WHEREAS, applicant, Arlington L.C. on behalf of the owner, Jerry Lindernann, filed with the City Clerk the final plat of Stone Bridge Estates, Parts 2-4, 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: Stonebridge - Part 2 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Part Fifteen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey", and the Point of Beginning; Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75 feet; Thence S34°15'13"E, 184.14 feet; Thence Northeasterly, 21.56 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 21.55 foot chord bears N59°16'32"E; Thence S27°11'42"E, 175.00 feet; Thence S00°29'10"E, 305.08 feet, to the Northeast Corner of Stone Bridge Estates, Part One, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence S89°30'50"W, along the North Line of said Stone Bridge Estates, Part One, a distance of 175.00 feet; Thence S00°29'10"E, along said North Line, 39.64 feet; Thence S89030'50"W, along said North Line, 242.27 feet, to the Northwest Corner thereof, and a Point on the East Line of said Windsor Ridge, Part Fifteen; Thence N00°29'10"W, along said East Line, 636.66 feet, to the Point of Beginning. Said Tract of land contains 5.35 acres, more or less, and is subject to easements and restrictions of record. Stonebridge - Part 3 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the Nodh Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson,County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Pad Fifteen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey"; Thence S00°29'10"E, along said East Line, 636.66 feet, to the Northwest Corner of Stone Bridge Estates, Part One, in accordance with the Plat thereof, Recorded in Plat Book 43, at Page 143, of the Records of the Johnson County Recorder's Office; Thence N89°30'50"E, along the North Line of said Stone Bridge Estates, Part One, a distance of 242.27 feet; Thence N00°29'10"W, along said North Line, 39.64 feet; Thence N89°30'50"E, along said North Line, 175.00 feet, to the Northeast Corner thereof; Thence S00°29'10"E, along the East Line of said Stone Bridge Estates, Pad One, a distance of 55.00 feet to the Point of Beginning; Thence N89°30'50'' E, 125.00 feet; Thence N00°29'10"W, 33.65 feet; Thence N89°30'50"E, 125.00 feet; Thence S07°10'18"E, 112.65 feet; Thence Northeasterly, 41.29 feet, along a 260.00 foot radius curve, concave Northwesterly, whose 41.25 foot chord bears N78°16'43"E; Thence S16°16'16"E, Resolution No. Page 2 185.88 feet; Thence S86°05'38"W, 49.95 feet; Thence S08°31'10"W, 143.31 feet; Thence S16°58'33"W, 143.87 feet; Thence S27°21'32"W, 143.87 feet; Thence N57°26'58"W, 125.00 feet; Thence Southwesterly, 30.02 feet, along a 670.00 foot radius curve, concave Northwesterly, whose 30.01 foot chord bears S33°50'02"W; Thence N54°52'57"W, 179.65 feet; Thence N43°07'03"E, 27.89 feet, to the Southeast Corner of said Stone Bridge Estates, Part One; Thence N24°29'49"E, along the East Line of said Stone Bridge Estates, Part One, a distance of 75.95 feet; Thence N18°41'00"E, along said East Line, 75.54 feet; Thence N09°57'35"E, along said East Line, 75.55 feet; Thence N00°29'10"W, along said East Line, 145.42 feet; Thence N89°30'50"E, along said East Line, 6.50 feet; Thence N00°29'10"W, along said East Line, 130.00 feet, to the Point of Beginning. Said Tract of land contains 4.39 acres, more or less, and is subject to easements and restrictions of record. Stonebridge - Part 4 Commencing at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, and the North Line of Windsor Ridge, Part Fiffeen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorder's Office, 771.89 feet, to the Northeast Corner of said Windsor Ridge, Part Fiffeen, and the Northwest Corner of a "Plat of Survey" in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the Records of the Johnson County Recorder's Office; Thence S00°00'20"W, along the East Line of said Windsor Ridge, Part Fifteen, and the West Line of said "Plat of Survey", 326.03 feet, to the Southwest Corner of said "Plat of Survey"; Thence N87°46'23"E, along the South Line of said "Plat of Survey", 217.75 feet, to the Point of Beginning; Thence continuing N87°46'23"E, along said South Line, and the Easterly Projection thereof, 199.85 feet; Thence S78°47'27"E, 68.87 feet; Thence S00°29'10"E, 116.07 feet; Thence N89°30'50"E, 94.34 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears N44°30'50"E; Thence N89°30'50"E, 50.00 feet; Thence S00°29'10"E, 90.00 feet; Thence Southwesterly, 111.65 feet, along a 326.30 foot radius curve, concave Northwesterly, whose 111.11 foot chord bears S09°18'59"W; Thence S70°52'51"E, 135.91 feet; Thence S01°20'11"W, 216.45 feet; Thence S40°54'52"W, 79.99 feet; Thence S89°30'50"W, 154.30 feet; Thence S00°29'10"E, 33.65 feet; Thence S89°30'50"W, 125.00 feet, to a Point of the East Line of Stone Bridge Estates, Part One, in accordance with the Plat thereof Recorded in Plat Book 43, at Page 143, of the Records of the Johnson county Recorder's Office; Thence N00°29'10"W, along said East Line, and the East Line of Stone Bridge Estates, Part Two, in accordance with the Recorded Plat thereof; Thence N27°11'42"W, along the East Line of said Stone Bridge Estates, Part Two, a distance of 175.00 feet; Thence Southwesterly, 21.56 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 21.55 foot chord bears S59°16'32"W; Thence N34°15'13"W, along said East Line, 184.14 feet, to the Point of Beginning. Said Tract of land contains 4.27 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat, and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) 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. Page 3 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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 day of ,2002. MAYOR Approved by ATTEST: _¢ CITY CLERK CitC'/~to~ney"s O/fClce ~ 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 ppda dm~n~'es~t on ebn dge-flnalptat.dec STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUB02-00001. Stone Bridge Estates, Part s 2-4 Date: February 21,2002 GENERAL INFORMATION: Applicant: Arlington L. C. 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact Person: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Property Owner: Jerry Lindemann Requested Action: Final plat Purpose: To create a 50-lot residential subdivision Location: East of Camden Road, north of Court Street, west of Taft Avenue Size: 13.98 acres Existing Land Use and Zoning: Agricultural; RS-5 Surrounding Land Use and Zoning: North: Agricultural; RS-5 South: Vacant & Residential; RM-12 & RS-5 East: Agricultural; RS-5 and IDRS West: Agricultural; RM-12 & RS-8 Comprehensive Plan: The Northeast District Plan identifies this area as a single-family residential area File Date: January 17, 2002 45 Day Limitation Period: February 25, 2002 BACKGROUND INFORMATION: The applicant, Arlington L.C., is requesting approval of the final plat of Stone Bridge Estates Parts 2-4 a 13.98-acre, 50-lot subdivision. This property, along with surrounding property, was annexed into iowa City in 2000, and was zoned Single-Family Residential, RS-5, at that time. The preliminary plat was approved earlier this year. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plats. Fees in lieu of 13,418 square feet of neighborhood open space are required for this subdivision. Payment of these fees should be addressed in the legal papers. Water main extension tap-on fees at a rate of $395/acre are required and should be addressed in the legal papers. 2 STAFF RECOMMENDATION: Staff recommends that SUB02-00001, the final plat of Stone Bridge Estates Parts 2-4, a 13.98 acre, 50-1et residential subdivision located east of Camden Road and nodh of Court Street, be approved subject to staff approval of legal papers and construction drawings. Attachments: 2. Final plat Approved by: Karin F.~tanklin, Director Dept. df Planning and Community Development Bob/stonebridge 8 RS 8 IDRS PDH 8 :M 12 CN 1 PDH 8 ID-RS P PDH 8 SCOTT PARK I SITE LOCATION: Stone Bridge Estates, Parts 2,3,4 SUB02-O0001 MHN-i~-ZO~d~ 09:46 LEFF HAL~°ERT TRAW WILLM~ 319 338 69~ P.82 Via ~acsimile 356~5008 ~C% March 19, 2002 City Staff and City Council ": City of Iowa City Civic Cente~ 410 East Washington Iowa City, ~owa 52240 Re: ~na~ plats - S~one Bridge Estates ~artS 2, 3, and 4 - re.est for deferral Dear Folks: This office, in Darticular, Phil Leff, represents ~lin~Uon Development, Inc., with resDect to the s~division plats for Stone Brid~e Estates Parts 2, 3, and 4. As sometimes happ~s with advancing age, older atto~eys have to take winter vacations_ This is precisely what Phil Lef~ has done, leaving the yo~ger attorneys in this office, those of us in our 60'$, to ~ender to his affairs in his absence. On behal~ o~ Arlington Development, Inc., and in ~ capacity as Phil's partner, we respectfully re,est a deferral o~ consideration of the final Dlats of Stone Bridge Bstates, Parts 2, 3, ~d 4 ~til the ADril 2, 2002 Iowa City council meeting. Thank you ve~ much for your as~is~ce. I par=icularly aDDreciate the co~tesies ~d kin~ess extended by Mirth Behr throughout this process, He is a real credit to the city staff. Sincerely, LEF~WILL~, L.L.P_ R_ B~u~auDert ~H: j~ TOTPL P. 82 Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB02-ooooZ)) RESOLUTION NO. 02-100b RESOLUTION APPROVING FINAL PLAT OF FIRST AND ROCHESTER PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk the final plat of First and Rochester Part Four, 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: Beginning at the Southeast Corner of the Southwest Quarter of Section 1, Township 79 Nodh, Range 6 West Of the Fifth Principal Meridian; Thence S00°08'03"W, along the West Line of Auditor's Parcel 200034, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 191, of the Records of the Johnson County Recorder's Office, 333.50 feet, to the North East Corner of Rochester Hills, in accordance with the Plat thereof Recorded in File 166f, Folder 58, Document 12, of the Records of the Johnson County Recorder's Office; Thence S89°04'45"W, along the Nodh Line of said Rochester Hills, 658.95 feet, to the Southeast Corner of First and Rochester - Part Three, in accordance with the Plat thereof Recorded in Plat Book 30, at Page 60, of the Records of the Johnson County Recorder's Office; Thence N06°15'43"E, along said the East Line of said First and Rochester - Part Three, a distance of 277.49 feet; Thence Northwesterly, 35.24 feet, along said East Line on 385.53 foot radius curve, concave Northeasterly, "whose 35.23 foot chord bears N81°08'52"W; Thence N11°30'O0"E, along said East Line, 162.55 feet; Thence N05°O0'O0"W, along said East Line, 254.63 feet; Thence N11°39'36"E, along said East Line, 251.82 feet; Thence N08°00'00"W, along said East Line, 315.29 feet; Thence N00°00'00"W, along said East Line, 399.07 feet, to the Northeast Corner of said First and Rochester - Part Three, and a Point on the North Line of the Parcel conveyed by Warranty Deed, Recorded in Book 673 at Page 124, of the Records of the Johnson County Recorder's Office; Thence N88°26'44"E, along said North Line, and the Easterly Projection thereof, 644.61 feet, to its intersection with the East Line of the Southwest Quarter of said Section 1; Thence S00°06'43"E, along said East Line, 1325.52 feet, to the Point of Beginning. Said Tract of land contains 24.25 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved subject to no building permits being issued prior to the opening of the extension of First Avenue; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. (~00392 Resolution No. 02-100b Page 2 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. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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 19th day of March.... ,2002. .: CORPORATE SEAL Cl-I'~ CLERK It was moved by 0' Donnel 1 and seconded by Champion 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 ppdadrr~n~res\fitst&roe~h.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUB02-00003. First & Date: March 7, 2001 Rochester, Part 4; Final Plat GENERAL INFORMATION: Applicant: Plum Grove Acres, Inc. P.O. Box 2208 Iowa City, IA 52244 Phone: 338-1365 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Final Plat Purpose; To allow a 36-1ot residential subdivision Location: At the east-end of Hickory Trail Size: 24.25 acres Existing land use and zoning: Vacant, ID-RS Surrounding land use and zoning: North - Vacant, ID-RS; East- Vacant, ID-RS; South - Residential; PDH-5; West- Residential; RS-5. Comprehensive Plan: Low density residential, 2-8 dwelling units per acre Applicable Code requirements: Section 14-6-K1, Sensitive Areas Ordinance. Chapter 14-7, Land Subdivisions. File date: January 31, 2002 45-day limitation period: March 17, 20012 60-day limitation period: April 1, 2002 BACKGROUNDINFORMATION: The applicant, Plum Grove Acres, Inc., is requesting approval of the final plat of First and Rochester, Part 4, a 24.25-acre, 36-1ot residential subdivision located at the east end of Hickory Trail. A Sensitive Areas Overlay rezoning and preliminary platJSensitive Areas Development Plan where approved in 2001. The preliminary was approved subject to no building permits being issued until First Avenue is open to traffic. First Avenue is scheduled to be open by October 31 depending on the completion of Scott Boulevard. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and sensitive areas development plan. Staff is reviewing legal papers, which must be approved prior to City Council consideration of the final plat. As shown on the preliminary plat, the final plat includes the dedication of open space to the City as well as a conservation easement to protect woodlands and slopes located on the west side of the subdivision. The legal papers should address these concerns and the prohibition on building permits until First Avenue is open to traffic. The public works office has approved construction drawings. STAFF RECOMMENDATION: Staff recommends that SUB02-00003, a final plat of First & Rochester, Part 4, a 24.25, 36-1ot residential subdivision be approved subject to staff approval of legal papers prior to City Council consideration of the final plat. ATTACHMENTS: 1. Location Map. 2. Final plat. Approved by: Kar~n Franklin, Director Dehartment of Planning and Community Development ppdadm\sffrpt\rez-O 1~00012 doc I I RDP RS5 i~ ID -RS I~ I RS 8 I I I. I P I ! PDH 5 RS 8 RS 5 ....... SITE LOCATION: East end of Hickory Trail SUB02-00003 FINAL PLAT FIRST AND ..~CHESTER - PART FOUR IOWA CITY, IOWA ann ZZ il ~/~,~l-! .~.Z ~ ~ 127 ~ ~ 126 124 ~ [ ;~=~"-~  O~OT 'B .... ..... BOO~E~TEB B~LL8 I /al=l'l% Io.a Ci[y. Iowa Prepared by: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5253 RESOLUTION NO. 02-101 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY2003 IOWA DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION FUNDING. WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public transportation system; and WHEREAS, the Iowa Department of Transportation offers financial assistance to local governmental units for their public transportation systems; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That we, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to apply for financial assistance as noted below and to enter into related contract(s) with the Iowa Depadment of Transportation. From the State Transit Assistance Program: 3.106570% (approximately $289,011 ) of Formula Funds From federal capital and operating assistance for transit: $10,342,989 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Iowa City has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request the State Transit Assistance formula funding be advanced monthly as allowed by law, to improve transit system cash flow. Passed and approved this 19th day of I~la.~ . MAYOR, City of Iowa City Approved by ATTEST: ~.~.~.~: ~ Maria"n Kerr, CITY CLER~ ' y'Attorney'~'Office jccogtp~sta\staresic doc Resolution No. 02-101 Page 2 It was moved by Vanderhoef and secgnded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Mitchel T. Behr, Assr City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF THE NORTH 182 FEET OF THE ALLEY IN BLOCK 102, LOCATED BETWEEN BURLINGTON AND COURT STREETS TO THE HIERONYMI PARTNERSHIP. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating the north 182 feet of the alley in Block 102, located between Burlington and Court Streets; and WHEREAS, the City has entered into a contract for the purchase of property on the east half of Block 102 from the Hieronymi Partnership, which contract is contingent upon the City's vacation, and execution and delivery of a written offer to convey the subject alley property to the Hieronymi Partnership subject to a temporary construction easement for construction of the Near Southside Transportation Center and permanent utility easements in favor of the City, in exchange for the dedication and conveyance of a 20-foot by 150-foot parcel of property between Clinton Street and the southern border of the subject alley property; and WHEREAS, on February 26, 2002, the City Council adopted a resolution declaring its intent to make said conveyance on said terms and conditions; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that the conveyance of the subject alley property, subject to a temporary construction easement for construction of the Near Southside Transportation Center and permanent utility easements in favor of the City, in exchange for the dedication and conveyance of a 20-foot by 150-foot parcel of property between Clinton Street and the southern border of the subject alley property to the City, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written offer, in a form approved by the City Attorney, to convey to the Hieronymi Partnership the north 182 feet of the alley in Block 102, Original Town, Iowa City, Iowa, upon terms and conditions substantially in compliance with the following: a) The Hieronymi Partnership shall be required to grant to City a temporary construction easement over and upon said alley property for a term of no less than two (2) years, via written easement agreement acceptable to the City Attorney, for City's construction of the Near Southside Transportation Center. b) The Hieronymi Partnership shall be required to grant to City permanent easements, via written permanent easement agreements acceptable to the City Attorney, for any and all services and facilities, including storm water drainage and/or detention, sanitary sewer, electricity, telecommunications lines and other utilities currently located within the alley property to be conveyed. c) The Hieronymi Partnership shall be required to dedicate and convey in fee simple to the City, via legal documents acceptable to the City Attorney, the south 20 feet of the parcel of land described as the north 42 feet of Lot 6 in Block 102, Original Town, Iowa City. Resolution No. Page 2 d) The Hieronymi Partnership shall be required to close, take possession of the subject alley property, transfer possession of the property to be dedicated to the City and meet all other terms and conditions of the offer, on or before August 1, 2002. 2. The Mayor and City Clerk are hereby autt-iorized and directed to execute, and the City Attorney is authorized to deliver, said written offer to the Hieronymi Partnership. 3. The Mayor and City Clerk are hereby authorized and directed to execute a deed and and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to deliver said documents to the Hieronymi Partnership. Passed and approved this day of ,20.__ MAYOR ATTEST:ciTYCLERK ~~ ~.[,,/~Z---- mitch/NN STC/hieronymi/alleycon vey/res-convey.d oc Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-102 RESOLUTION AUTHORIZING CONVEYANCE OF AN APPROXIMATELY 43,000 SQUARE FOOT PARCEL OF UNDEVELOPED NORTHGATE DRIVE LYING NORTH AND EAST OF A SOUTHERLY EXTENSION OF THE EASTERLY LINE OF LOT 7, HIGHLANDER DEVELOPMENT FIRST ADDITION, TO NORTHGATE PARK ASSOCIATES. WHEREAS, in the application for a Resubdivision of Highlander First Addition, Lots 8-14, the relocation of approximately 43,000 square feet of Northgate Drive is proposed; and WHEREAS, the right-of-way for Northgate Drive was previously dedicated to the City and the proposed redesigned subdivision calls for a realignment of Northgate Drive; and WHEREAS, on February 27, 2002, the City Council passed and adopted an ordinance vacating the proposed parcel; and WHEREAS, as a new right-of-way will be dedicated to the City as a result of the resubdivision, it is recommended that the City vacate the parcel and convey it to the developer, Northgate Park Associates, without compensation to the City; and WHEREAS, on February 27, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in the property, authorizing publication of public notice of the proposed conveyance, and setting the date and time for public hearing; 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 Quit Claim Deed conveying the City's interest in the approximately 43,000 square foot parcel of undeveloped Northgate Drive in Iowa City to Northgate Park Associates. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Northgate Park Associates. 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 Recorder's Office at the developer's expense. Resolution No. 02-102 Page 2 It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ Pfab X Vanderhoef X Wilburn Passed and approved this 19th day of Hatch 2002. CITY'U~LERK Sarah~landuse~northgate drive res authorizing conveyance I 03-19-02 I 11 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., fowa City, IA 52240 (3 RESOLUTION NO. )LUTION AUTHORIZING CONVEYANCE OF AN 43,000 tE FOOT PARCEL OF UNDEVELOPED DRIVE LYING NORTH AND OF A SOUTHERLY EXTENSION OF THE LINE OF LOT 7, )ER DEVELOPMENT FIRST ADDITIO TO NORTHGATE PARK WHEREAS, in the a ication for a Resubdivis[on of First Addition, Lots 8-14, the relocation of ~ f 43,000 square feet Drive is proposed; and WHEREAS, the rig for Northgate Drive ~ dedicated to the City and the proposed redesigned calls for a real Northgate Drive; and WHEREAS, on February 26, the City passed and adopted an ordinance vacating the proposed parcel; and WHEREAS, as a new right-of-way will dedicated to the City as a result of the resubdivision, it is recommended that the City and convey it to the developer, Northgate Park Associates, without com and WHEREAS, on February 26, City adopted a Resolution declaring its intent to convey its interest in the prop authorizing of public notice of the proposed conveyance, and setting time for ring; and WHEREAS, following public, on the proposed City Council finds that the conveyance of the subject y_Dt'operty is in the public interest. / NOW, THEREFORE, B~ IT HEREBY RESOLVED BY THE TY COUNCIL OF IOWA CITY, IOWA, that: / 1. The Mayor add City Clerk are hereby authorized and rec~tdto execute a Quit Claim Deed conve,)Cing the CitY's interest in the approximately 4 ~,0~0 square foot parcel of undeveloped No~hgate Drive in Iowa City to Northgate Park J ~ss0c~ates. / 2. The City/Attorney is authorized to deliver said Quit Claim Deed to Northgate Park Associa/fe~ 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 Recorder's Offic~ at the developer's expense. / Prepared by: Sarah E. Holecek, First Assr. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-103 RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED WEST BENTON COURT RIGHT-OF-WAY, A '15,577 SQUARE FOOT PARCEL LYING NORTH OF BENTON STREET AND WEST OF OAKNOLL RETIREMENT RESIDENCE, TO CHRISTIAN RETIREMENT SERVICES, INC. WHEREAS, Christian Retirement Services, Inc., the proprietor of Oaknoll Retirement Residence, has requested the vacation and conveyance of West Benton Court, approximately 15,577 square feet of right-of-way located north of Benton Street and directly west of Oaknoll; and WHEREAS, the City Council has passed and adopted an ordinance vacating the parcel, based on Oaknoll's ownership of all properties abutting the right-of-way and the resulting fact that the right- of-way is no longer needed to provide public access; and WHEREAS, based on an appraisal indicating a fair market value of $5,000 to $10,000, Christian Retirement Services, Inc., has offered the sum of $7,500 for the 15,577 square foot parcel, or $.48 per square foot; and WHEREAS, the City will retain a blanket public utility easement and emergency vehicle access easement over the right-of-way, which easement will preclude building on the property unless said utilities are relocated; and WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; and WHEREAS, the City Council previously adopted a Resolution declaring its intent to convey its interest in the property, authorizing publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property for the above sum 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 Quit Claim Deed conveying the City's interest in the vacated West Benton Court right-of-way, an approximate 15,577 square foot tract located north of Benton Street and directly west of Oaknoil Retirement Residence, to Christian Retirement Services, Inc., for the sum of $7,5OO. Resolution No. 02-103 Page 2 2. The City Attorney is authorized to deliver said Quit Claim Deed to Christian Retirement Services, Inc. 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 Recorder's Office at the purchaser's expense. It was moved by £hampinn 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 Passed and approved this 19th day o Marcil~ ,2002. ATTEST: ~/~_~'~ ~. /~/~] dIT~:;LERK ' Sarah\landuse\west benton ct res authorizing convey Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. R'F. tSOLUTION AUTHORIZING CONVEYANCE OF THI WEST BEN,TON COURT RIGHT-OF-WAY, A 15,577 SQUARE PARCEL LYING NORTH OF BENTON STREET AND WEST OF RETIREMENT RESlDISNCE, TO CHRISTIAN RETIREMENT SERVlC INC. WHEREAS, Retirement Services, Inc., the Oaknoll Retirement Residence, has requested the and conveyance of West Court, approximately 15,577 square feet of right-of-way north of Benton Street ar ~ west of Oaknoll; and WHEREAS, on February 2002, the City Co~ passed and adopted an ordinance vacating the parcel, based on ownership abutting the right~of-way and the resulting fact that the risc is no Ion provide public access; and WHEREAS, based on an ~ a fair market value of $5,000 to $10,000, Christian Retirement Services, Inc., has sum of $7,500 for the 15,577 square foot parcel, or $.48 per square foot; and WHEREAS, the City will retain a ~blic utility easement and emergency vehicle access easement over the rig ~nt will preclude building on the property unless said utilities are relocated; and WHEREAS, the City does not vacated n~ht-of-way to provide access to property in the area;and / WHEREAS, on February :~6, 2002, the City Coundl ad'e.,pted a Resolution declaring its intent to convey its interest in th/~ property, authorizing publication of public notice of the proposed conveyance, and setting~e date and time for public hearing~d WHEREAS, following I~ublic hearing on the proposed conveyable, the City Council finds that the conveyance of the su.,~ ject property for the above sum is in the p~ic interest. NOW, THEREFORe, BE IT HEREBY RESOLVED BY THE CIT"~ COUNCIL OF IOWA CITY, IOWA, that: // 1. The May~r and City Clerk are hereby authorized and directed to execute a Quit Claim Deed c~/nveying the City's interest in the vacated West Benton Court right-of-way, an approxir~ra'te 15,577 square foot tract located north of Benton Street and directly west of Oaknoll Retirement Residence, to Christian Retirement Services, Inc., for the sum of $7,500. Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 02-104 RESOLUTION APPROVING THE ALLOCATION OF PUBLIC ART FUNDS AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO Al-rEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, THE IOWA CITY HOST NOON LIONS CLUB, AND ARTISTS DORIS PARK AND STEVE MAXON FOR A BRONZE STATUE OF IRVING WEBER, WHEREAS, the Public Art Advisory Committee has reviewed a proposal for public art funds to support the commissioning of a bronze statue of Irving Weber, Iowa City's historian, by the Iowa City Host Noon Lions Club; and WHEREAS, the Public Art Advisory Committee has recommended by a vote of 5-1 allocation of the requested $15,000 for said statue; and WHEREAS, an agreement is needed between the City, the Lions Club, and the artists, Doris Park and Steve Maxon, to address the terms and conditions of said allocation and the installation, maintenance, and location of the Irving Weber statue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Funds in the amount of $15,000 be allocated from the Iowa City Public art fund to support the commissioning and installation of a bronze statue of Irving Weber, the location of which is yet to be determined by the City. 2. The Agreement between the City of Iowa City, the Iowa City Host Noon Lions Club, and Doris Park and Steve Maxon for the commissioning, installation, maintenance, and location of a statue of Irving Weber, a copy of which is attached hereto, is hereby approved as to content and form. 3. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 19th day of Fla,'ch ., 20 02 ~roved by ATT ST ¢, CIT~'CLERK City Attorney's Office Resolution No. 02-104 Page 2 It was moved by Champion and seco. nded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Kanner x Lehman X O'Donnell x Pfab x Vanderhoef x Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM IRVING WEBER STATUE AGREEMENT BY AND BETWEEN CITY, ARTISTS DORIS PARK AND STEVE MAXON, AND IOWA CITY HOST NOON LIONS CLUB THIS AGREEMENTis made on between the City of Iowa City, hereinafter referred to as the CITY; Doris Park and Steve Maxon, hereinafter referred to as ARTIST; and the Iowa City Host Noon Lions Club, hereinafter referred to as the ARTIST'S REPRESENTATIVE. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal for a bronze statue of Irving Weber to be commissioned and installed on public property in a location yet to be determined. Said statue is hereinafter collectively referred to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). This Agreement shall prevail in any inconsistencies between the proposal and this Agreement. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST'S REPRESENTATIVE shall be responsible for ensuring completion of the ART WORK by June 30, 2003. Failure to perform will require the reimbursement of the CITY for any public art funds expended on this project. b. The CITY'S REPRESENTATIVE shall have the right to review the ART WORK at reasonable times during the fabrication thereof beyond those approval points noted in Exhibit A. c. The ARTIST'S REPRESENTATIVE shalt present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.2 Delivery and Installation a. The ARTIST'S REPRESENTATIVE shall notify the CITY'S REPRESENTATIVE when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST'S REPRESENTATIVE agrees to notify the CITY'S REPRESENTATIVE no fewer than thirty (30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the CITY'S REPRESENTATIVE. c. The ARTIST shall deliver and consult with the CITY'S REPRESENTATIVE on the installation of the completed ART WORK at the site. d. The CITY shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK and for the installation. All hard costs of site preparation and installation shall be part of the $15,000 contributed by the CITY to this project. e. The ARTIST and/or ARTIST'S REPRESENTATIVE will be responsible for delivering the ART WORK to the site where the ART WORK will be installed. f. The specific location of the ART WORK shall be determined by CITY. 1.3 Post Installation a. Upon installation and acceptance of the ART WORK by the CITY'S REPRESENTATIVE, the CITY shall become the owner of the ART WORK. b. The CITY shall arrange photographic documentation of the site and the installed ART WORK at the site. c. The ARTIST'S REPRESENTATIVE shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the ART WORK, the ARTIST or ARTIST'S REPRESENTATIVE shall provide to the CITY'S REPRESENTATIVE a schedule and methodology for appropriate maintenance and preservation of the ART WORK. 1.4 Maintenance and Longevity The CITY shall be responsible for the long term maintenance and longevity of the ART WORK. 1.4 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until installation by the CITY, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the ART WORK is complete. 1.5 Liability, Indemnification and Insurance a. The ARTIST and the ARTIST'S REPRESENTATIVE agree to indemnify, defend and hold CITY and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself 3 or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon installation and acceptance of the ART WORK by CITY, the CITY shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST and ARTIST'S REPRESENTATIVE against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the CITY against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 3. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the ARTIST'S employees or of any person other than the ARTIST'S employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of the ARTIST'S performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. Article 2. Contribution and Payment Schedule The CITY shall pay the ARTIST'S REPRESENTATIVE a fee not to exceed Fifteen Thousand Dollars ($15,000) which shall constitute the CITY'S full contribution toward all fees, services, expenses, and materials to be performed and furnished by the ARTIST'S REPRESENTATIVE and the ARTIST under this agreement. The fee shall be paid in one installment upon completion of the rubber mold noted in the schedule included in Exhibit A. Article 3. Warranties 3.1Warranties of Title. The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the artist; (b) the ART WORK is unique and original and does not infringe upon any copyright; and (c) the ART WORK is free and clear of any liens from any source whatever. 3.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) the maintenance schedule and methodology submitted to the CITY'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 4. Reproduction Rights 4.1 General Except as limited herein, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C. 101 et. Seq., and all other rights in and to the ART WORK except ownership and possession. The ARTIST grants to the CITY and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non- commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 4.2 Notice All reproductions by the Owner shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAME], date of publication. 4.3 Registration On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d)(3). The ARTIST further agrees to update information with the Register of Copyrights as to permit notification of intent to remove the ART WORK. Article 5. ARTIST'S Rights 5.1 Identification The ART WORK shall include a plaque identifying the title of the ART WORK, the year of installation, the ARTIST'S name, the name of the ARTIST'S REPRESENTATIVE, and the words IOWA CITY PUBLIC ART PROGRAM. The plaque may also include names of major donors, as appropriate. 5.2 Maintenance The CITY recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The CITY shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.3d. 5.3 Alteration of the Work or the Site a. Except as provided under subsection 5.3(b) below, the CITY agrees that it will not intentionally damage, alter, modify or change the ART WORK without consultation with the ARTIST'S REPRESENTATIVE and the prior written approval of the ARTIST. b. The CITY reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the CITY shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113(d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, CITY shall give notice as required by 17 U.S.C. Section 113 (d)(2) and (3). 5.4 Permanent Record The CITY'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 6. ARTIST as Independent Contractor. The ARTIST and ARTIST'S REPRESENTATIVE shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the CITY. The ARTIST shall not be supervised by any employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee or official of the CITY. Article 7. Assignments, Transfer, Subcontracting Neither this Agreement nor any interest herein shall be transferred by the CITY, the ARTIST or the ARTIST'S REPRESENTATIVE. Any such transfer shall be null and void and shall be cause to annul this Agreement. Article 8. Termination If any party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other parties shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. Article 9. General Terms 9.1. The CITY, ARTIST and ARTIST'S REPRESENTATIVE shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: 9.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 9.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 9.2 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. 6 9.3 Upon signing this agreement, ARTIST and the ARTIST'S REPRESENTATIVE acknowledge 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 on behalf of the ARTIST or the ARTIST'S REPRESENTATIVE, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. Article 10. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 11. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. ARTIST'S REPRESENTATIVE ARTIST ' Richard Minette, President Doris Park '~- Iowa City Host Noon Lions Club  Al-rEST Maria~n K. Karr, City Clerk ppddir/agl,~eberStatue.dec EXHIBIT A IOWA CITY HOST NOON LIONS CLUB P.O. Box 790, Iowa City, Iowa 52244 Chartered December 15, 1920 January 22, 2002 Ms. Sandra Hudson, Chairperson The Public Art Advisory Committee City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 RE: PROPOSED IRVING WEBER STATUE The Iowa City Host Noon Lions Club proposes to commission a bronze lifesize statue of one of lowa City's favorite figures, our Historian, IRVING WEBER. Mr. Weber's life accomplishments are well known to the citizenry and commtmity he so dearly loved. It seems only fitting that we continue to honor Irving Weber's legacy with this bigger than lifesize statue. As an outgrowth of the Irving Weber Day's, the Lions Club, to which Irving was a lifelong member, has solicitied a proposal from Max-Cast, Inc. of Kalona to complete a statue for erection and display in the City of Iowa City. The enclosed proposal outlines the basic information requested oftbe PAAC, along with the initial drawings showing Irving in a familiar pose. We are asking that the PAAC recommend to the City Council the contribution of $15,000.00 to the cost of the project. In addition, we are asking that the recommendation to the City Council include that the City will provide for the installation and continued maintenance of this statue as long as it is displayed. The Iowa City Host Noon Lions Club will be responsible for soliciting the balance of the funds for this project. If the City approves the requested comribution, the Lions Club will secure the balance of the funding before the statue is commissioned and the project started. We would expect that the project funding would be completed before the funds would be available from the City in fiscal 2003, starting after July 1, 2002. - WE SERVE- We also request that the PAAC recommend that the statue be erected and maintained at or near the intersection of Linn and Iowa Street. It would be hoped that this statue would remain on display in the downtown area for many years to come, as a fitting tribute to the person who still continues to inspire countless citizens to remember the history of iowa City. It would be expected that the statue remain in it's initial location for as long as the City maintains the street area in the present configuration. In the event the City determines that the space allocated for the statue is needed for a greater public use, it would be expected that the City find a suitable and appropriate alternate location to display this statue. We are confident the finished statue will be a fitting tribute to Irving and will be a display of artwork in downtown Iowa City that PAAC can be proud to have recommended. We thank you for your consideration of this proposal. On behalf of our club and the citizens of Iowa City, I remain, Very truly yours~. President Proposal for an Irving Weber Life-size Statue The Iowa Cily Lions Club has requested that we submit a proposal to the City Council for a Life size bronze statue of L-ring Weber. Doris Park and I, Steve Maxon. have operated an art foundry in Kalona for the past thirteen years. During that time we have cast and finished several life size and larger bror~ze statues. YvTe have always insured our clients were satisfied with the restflts. Enclosed is a copy of our sculpture guarantee which discusses the nature of the material as well as the care and maintenance of outdoor bronzes_ The statue would evolve through a series of processes to reach completion with approval points and accompanying payments. Working from photos, we will do drawings based on suggestions such as a standing, suit and tied gemleman clearly reco~aizable as an 80'ish Irving Weber tipping his hat. The portrait figure would stand on a plinth or low wide base so it would be near eye level to a pedestrian. A mounting system through the base would secure the 300 to 400 pound statue tn existing concrete or to a new supl:~rting slab. A plaque could be incorporated into the plinth or cast as a separate unit to be mounted near by. With the approval of our drawing(s) by a designated person or comnfittee selected by you, we will model a clay or wax maquette, a miniature version of thc life size statue, it will stand about a foot tall and will be a 3-D version of the drawing(s) but not as fully detailed as the life size version. After making any recommended changes to the maquette, we would begin scaling up the statue to full size. The comralttee et any interested parties would be welcome to stop by our studio at any time during the process, but at least five approval points are necessary to insure that wc are making what you want. These would be; 1. The drawing(s), 2_ Thc maquene. 3. The full size model, 4. The "finished" bronze, 5. The patinated bronze, and perhaps 6. Thc statue installed on site. The committee has to give us the "OK" before we proceed to thc next step. In this way changes can be made before they get really expensive. Usually payments accompany each of these approval points. Attached is a Summary of Processes, and a lime and Payment Schedule for the sculpture. Thc foundry costs ru'e the largest expense and may be divided into two or three increments. We will provide delivery and consultation on the statue's installation and will be available for maintenance advice. If anything untoward ew'r happened to it wc could provide repair services. As far as copyrights go, we want to be able to use pictures of the completed piece in our promotional literature and have our names mentioned as its creators in any literature uscd by the City. Otherwise the copyright could belong to the City or the Lions Club. We are pleased with this opportunity to help enhance the look of Iowa City and honor its leading local historian. 12~10/2001 09:34 FAX 3196S63187 ~[ax-Cas~, Inc. ~oo3 MAX-CAST, I'NC e A fine arts foundry te 611 B Avenue Kalona, IA 52247 tel. 319-656-5365 fax.319-656-3187 Bronze Sculpture Guarantee Bronze is one of the finest and most durable materials known. Bronze has existed since the dawn of civiliza6on (the "Bronze Age"), and many ¢:~mplcs of this early bron2~ casting ex/st today, 6,000 years later. The modem type of bronze used at MAX-CAST, is silicon magancse bronze, known as "Everdtir." This type of brorge was developed originally for marine use (boat propellers, etc). It is yegg strong (similar W steel) and holds up extremely well under harsh environmental conditions. Sculpture made ofbrbhze has a beauty and permanence unrivaled by any other an medium~ The rich, beautiful i¢ol6r.on your bronze sculpture is the result of controlled oxidation of the surface of the ~neh%l kno~'n as the "patina." Patinas vary somewhat in stability depending on the particular color chosen. The action of sunlight and rain on an outdoor sculpture will usually cause a slow shift in color. In many cases it will become more beautiful over time, developing rielmess and character. The care of an outrloor bronze sculpture is fairly simple. Occasional washing, . with plaha water from.a hose to remove,surface dirt, is a good idea. The frequency depends on the conditions present where the sculpture is located. We recommend a more thorough cleaning annually, ~uch as a gentle washing with mild soap and a soft brush. Rinse thoroughly, allow to dry, and recoat with wax (floor wax such as Johnson's Paste Wax is the best) applied with a soft paint brush. Bronze sculpture is difficult to damage. It does not break, dent, or bend under norma/circumstances, (even with. for instance, children climbing on it). Even such things as vehicle collisions or deliberate attempts at vandalism would probably result in only minor surface damage. Should such an event occur, MAX-CAST will be available for consultation or repair work at our regula~ rates. MAX-CAST guarantees all material and w0rhnansh/p against defects or detenorauon. With minimal care, your bronze sculptare should last for thousands of years. Stephen Maxon Owner - Max. Cast Doris Park Owner - Max-Cast Summary of Processes Six foot Irving Weber Sculpture Composition 1. Drawing(s) of composition 2. Maquette 3. Production of full size clay figure 4. Foundry work: rubber mold, wax patterns, wax finishing mad spruing, ,~. ceramic shell molding 5. More Foundry work: bronze casting, cutoff, grinding, sanding, and sand blasting 6. 4x6 inch bronze plaque; layout, photopolymer pattern making, sandmolding, bronze casting and finishing ~1 7. Patina bronze statue and plaque 8. Installation: consult and supervise Time and Payment Schedule For Irving Weber Sculpture Process Time Amount Small composition Maquette 2 months $1,000 Large composition Full size statue Bcgua on approval of maquctlc 3 months $4,000 Rubber mold , Begin,on approyal of full size 2 months $5,000 Commencement of fotmd~ work 3 months $14 000 Design, layout and casting of 4"x 6" plaque 1 month $450 Installation; deliYery mad consultation 2 days $550 $25.01}0 Page 1 of 1 Marian Karr 15 From: bruce haupert [bhlhtw@qwest. net] Sent: Monday, March 18, 2002 12:31 PM To: cou ncil@iowa-city.org I loved Irving Weber as did you and everyone ~vho met him. But, an expenditure of 15000 is not really a necessary, nor in my view, appropriate expenditure of tax monies. We cannot continue to spend money for every worthwhile idea which is presented to the council. Let's consider drawing some guidelines restricting spending to water, streets, refuse collection, police, fire protection, health & safety, ..., ie, the necessaries of gov't. Thanks for considering my thoughts. Bruce Haupert 3/18/02 1 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2003 THROUGH 2005 AND THE MULTI- YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2006. WHEREAS, the City Council of the City of Iowa City deems it in the public interest and in the interest of good and efficient government for the City of Iowa City, Iowa, to adopt a three-year Financial Plan for operations and a multi-year Capital Improvements Program budget; and WHEREAS, the three-year Financial Plan and multi-year Capital Improvements Program are subject to annual review and revisions; and WHEREAS, a public hearing was held on February 19, 2002, at regularly scheduled City Council meetings and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council of the City of Iowa City does hereby adopt the three-year Financial Plan for the Fiscal Years 2003 through 2005 and the multi-year Capital Improvements Program through Fiscal Year 2006. 2. This Resolution is an expression of the Council's legislative intent for planning future operation and capital improvements for the City of Iowa City, Iowa; and the anticipated means of financing said plan, subject to applicable laws. Passed and approved this day of ., 2002. MAYOR /Q CITY CLERK City Attorney's Office finadm\res\finplan doc Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO.' RESOLUTION AUTHORIZING EXECUTION OF AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND PROJECT GREEN, INC. WHEREAS, Project Green, Inc. has now been fully incorporated under the laws of the State of Iowa effective May 17, 2001 as an Iowa not-for-profit corporation, and is thereby an independent private entity; and WHEREAS, when the City Council passed Resolution No. 02-13 that rescinded Resolution No. 770 and Resolution No. 71-253 and that disbanded the Project Green "Green Fund" as a City entity on January 8, 2002, it still intended to provide accounting services to Project Green; and WHEREAS, in order to continue to provide in-kind support for the much-needed services of Project Green, it is in the public interest for the City to enter into an administrative services agreement with Project Green. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds it in the public interest to enter into an administrative services agreement as a reasonable means of providing ongoing in-kind support for Project Green, Inc. 2. The attached Agreement is approved, and the City Clerk and Mayor are hereby authorized to execute the Agreement on behalf of the City. 3. The City Manager, or designee, is hereby designated and authorized to administer this agreement for its duration. Passed and approved this day of ,2002. MAYOR Approved_by ATTEST: ~'~-~" CITY CLERK City Attorney's Office S u e',ord &r esso rojectg r ee n doc ADMINISTRATIVE SERVICES AGREEMENT This Agreement is entered into between the City of Iowa City (hereinafter "City"), a municipal corporation, and Project Green, Inc. (hereinafter "Program"), an Iowa not-for-profit corporation. I. INTRODUCTION The parties enter this Agreement to specify the duties, rights, terms, and conditions under which City will provide banking, bookkeeping, and accounts-payable services to Program. II. DUTIES City will provide banking, bookkeeping, and accounts-payable services for the Program at no cost to the Program. III. INDEMNITY To the extent not expressly prohibited by law, Program agrees to indemnify, save, protect and hold forever harmless, City from and against all losses, damages, costs, claims and liabilities, including, without limitation, court costs and reasonable attorney's fees and expenses, which City may become liable or obligated by reason of, resulting from or in connection with any matter within the Agreement, including but not limited to any breach or default on the part of Program in performance of any covenant, agreement or obligation on the part of Program performed pursuant to the terms of this Agreement or any other act or omission of Program, its agents or employees. In case of any action or proceeding brought against City by reason of any such claims, Program covenants to defend such action or proceeding by counsel reasonably satisfactory to City. IV. TERMINATION Either party may terminate this Agreement, without cause, upon thirty (30) days written notice to the other party. V. DURATION This Agreement shall be effective from midnight, the date of execution, through midnight, March 31, 2007, unless otherwise terminated under Section IV above. Upon mutual agreement, the parties have the option to renew the agreement for one (1) five (5)-year term. Program will notify the City in writing on or before March 1, 2007 if it is interested in renewing the agreement. VI. NONDISCRIMINATION Program shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. VII. GENERAL A. City and Program specifically acknowledge Program is a private, not-for-profit corporation, that Program's employees are not City employees, and that nothing contained in this Agreement, nor any act by Program or the City, shall be deemed or construed to create any relationship of third-pady beneficiary, employer and employee, principal and agent, or any association or other relationship involving City. Further, neither City nor any officer, employee, or agent of City shall have authority to direct the manner or means by which Program conducts its activities. City and Program further acknowledge Program is an independent entity. B. This Agreement sets froth the entire understanding between the parties, and may be changed only in writing and signed by both parties. C. Neither party may assign this Agreement without the written consent of the other. D. This Agreement shall be construed under the laws of the State of Iowa. E. In the event any portion of this Agreement is found invalid, the remaining portions shall be severable and shall remain in full force and effect. Dated this day of ., 2002. CITY OF IOWA CITY PROJECT GREEN, INC. Ernest W. Lehman, Mayor (Title) Attest: Marian K. Karr, City Clerk (Title) Approved by: City Attorney's Office sue/projgreen-agt doc 2 CHESTER J. CULVER ~ HOOVER BUILOING, 2NDi FLOOR IOWA SECRETARY OF STATE ~ D~:s MOINE8, IOWA 50319 October 04, 2002 MARIAN K. KARR, MMC CITY OF IOWA CiTY 410 E WASHINGTON ST IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the IOWA CITY and the CITY OF CEDAR RAPIDS & CITY OF MARION Dear MS KARR, MMC We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of October 04, 2002. Sincerely Chester J Culver Secretary of State CJC/pm Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by Andrew P. Matthews, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-105 RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CEDAR RAPIDS, THE CITY OF IOWA CITY AND THE CITY OF MARION FOR SPECIALIZED RESCUE MUTUAL AID IN LINN AND JOHNSON COUNTIES IN IOWA WHEREAS, the fire departments of Cedar Rapids, Iowa City, and Marion all have occasions when the need for specialized trench and structural collapse rescue resources and trained personnel may arise whereby such emergency would exhaust the available rescue equipment and personnel maintained by one of the parties herein; and WHEREAS, in such situations the availability of additional emergency personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E, Code of Iowa, provides that the powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privileges, and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render emergency assistance when needed on a reciprocal basis as provided in said agreement, and that said agreement would be in the best interests of the citizens of Iowa City, Iowa. NOW, THEREOFRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Iowa Code Chapter 28E Agreement with the cities of Cedar Rapids and Marion, which is attached hereto and incorporated herein by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk of Iowa City is directed to forward a certified copy of this Resolution, together with this agreement, to Cedar Rapids and Marion for execution; and upon return of the fully executed documents by all parties to the City Clerk of Iowa City, is further directed to record the Resolution and Agreement with the Secretary of State, as required by Chapter 28E Code of Iowa, and to record a copy with the Linn and Johnson County Recorder's Office. The City Clerk of Iowa City shall retain the returned, recorded document as a permanent file. 2002. Passed and approved this 19th day of March, ~~./~_,/~_// _~ AYOR CITY CLERK Approved by City Attorney's Office Resolution No. 02-105 Page 3 It was moved by Vanderhoef and seco. reded by O'Donnell the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman ~( O'Donnell ' X Pfab X Vanderhoef X Wilbum 28E AGREEMENT FOR SPECIALIZED RESCUE MUTUAL AID IN LINN AND JOHNSON COUNTIES IN IOWA This Agreement is entered into pursuant to Chapter 28E of the Code of Iowa (2001) by and betwee_n the City of Cedar Rapids, Iowa, hereinafter referred to as "Cedar Rapids", the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and the City of Marion, Iowa, hereinafter referred to as "Marion". WHEREAS, the fire departments of Cedar Rapids, Iowa City, and Marion all have occasions when the need for specialized trench and structural collapse rescue resources and trained personnel may arise whereby this emergency would exhaust the available rescue equipment and personnel maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional emergency personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege, and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render emergency assistance when needed on a reciprocal basis as provided herein. NOW, THEREFORE, the parties hereto mutually agree to give emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1. Authority to Respond to Provide Assistance The power to make a request for assistance or to provide aid under this agreement shall reside in the member department fire chief, or his official designee only. For purposes of this agreement, the "requesting department" shall mean the fire chief or designee asking for assistance and the "responding depadment" shall mean the fire chief or designee sending assistance. Any member department shall have the right to request assistance from any other member department or departments, subject to the terms and conditions of this agreement. For the purpose of this agreement, the terms "member department" and "member" shall mean the fire department of the respective parties hereto. Section 2. Situation Where Assistance Is Requested A member department may request assistance from another member department upon receipt of a call for trench rescue or other specialized rescue. Section 3. Response to Request Upon request, a responding department, upon determination that an emergency situation exists and subject to the availability of manpower and equipment, shall dispatch emergency personnel and equipment to aid the requesting department. Section 4. Personnel and Equipment Provided The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision on the number and the amount and type of equipment to be sent shall be solely that of the responding department. The responding party shall be absolved from liability in connection with all acts associated herewith provided that the final decision is made with reasonable diligence. No member department shall make any claim whatsoever against another member department for refusal to send the requested equipment or personnel where such refusal is based on the judgment of the responding department that such personnel and equipment are needed to protect the district of the responding department. Section 5. Command at Incident Scene The responding department personnel and equipment shall report to the command officer of the requesting department who shall be in charge at the incident location unless he/she specifically relinquishes this authority to another officer. The command officer shall have the power to issue reasonable orders and directives, and responding officers will then act on said orders. The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and/or equipment are needed in their home districts. Responding department personnel and equipment may withdraw from the requesting district upon giving notice to the command officer at the incident location that they are needed in their home district, 2 It is understood that the purpose of this section is to maintain order at the incident scene and shall not be construed to establish an employer/employee relationship. Section 6. No Reimbursement for Costs No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, and compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such additional fuel as may be required by the responding department to carry on the combined Incident efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their tanks before they return to their home district. Section 7. Liability Employees of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and Instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered employees of their member department. Each party hereto shall bear the liability and/or cost of damage to its member department's equipment and the death or injury to its member department's personnel, whether the death, injury or damage occurs at an incident in the member's own fire protection area, or in a fire protection area where the firefighter is working as a member of a responding department. Each party shall provide appropriate and reasonable insurance for its member department's personnel, excepting departments whose personnel are covered by Chapter 411 Code of Iowa, who may suffer injury, disability, or death and/or are Involved In loss or damage to private property, and/or death or injury to private individuals In the performance of official duties while assisting another member department under the terms of this agreement and shall supply proof of su,ch reasonable insurance to the other parties hereto by providing a certificate thereof. Each party hereto shall be responsible for defending against claims made against it or its member department or personnel and arising from its participation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against other parties hereto, or against the member departments or aersonnel of said parties. Section 8. Township Agreements The cities which are parties hereto and which have fire protection agreements with each other wherein the independent-fire district is a fire protection provider for the respective city agree to maintain such agreements in force and to provide copies of same to the other parties hereto by attaching copies of such existing agreements to this agreement thereby incorporating them and making them part of this agreement, and by promptly notifying in writing the other parties of any amendment, renewal, or termination of such agreements, including the changing of fire district lines. In the event of such an agreement lapses, there shall be no further obligation by the other parties hereto to respond to a request for assistance within the fire protection area covered by such lapsed agreement. Section 9. Term of Agreement This agreement shall be in full force and effect upon execution by all parties hereto and the filing and recording thereof as provided In Section 12. The agreement shall have a term of three (3) years from the date of execution and thereafter shall continue in effect from year to year unless and until the agreement is cancelled or modified by joint written agreement of all the respective parties. Any party may withdraw from the agreement by giving thirty (30) days written notice to each of the other parties hereto by certified mail in which case said notifying party shall be deleted from further operation or responsibilities under this agreement. Section 10. Notices Any written notices as required in this agreement shall be sent to the addresses of the respective parties as set out in this agreement. Section 11. Prior Fire Mutual Aid Agreements This agreement is in addition to and in conjunction with any and all prior mutual aid agreements between and among the parties of their respective member departments. Section 12. Filing and Recording Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded in the Linn and Johnson County Recorder's Offices as provided by Chapter 28E of the Code of Iowa (2001). IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on this 7. gth day of Flarch ,2002. CITY OF IOWA CITY, IOWA Mayor A'I-FEST: ~"J"~¢ cTty Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this /~' dayof /YtfCc~ ,2002, before me, the undersigned, a Notary Public in and for said County and 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian 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. I~"Z%l so.~Er, om- I ~ I Nota~ Public in and for the State of Iowa 5 ~.;'"'... 'gl~fa~.~- ~ ~ / - ~ ......,; , ~ . .. ,~/~,/,,~,~, ) /. ~ ~.~i~ ~ /~Cle~ ~ Ollinger ' ~~ CI~ OF CEDAR ~PIDS ACKNOWLEDGEMENT STATE OF IOWA ) LINN COUN~ . ) On this 2~th day of 5~y ,2002, before me, the undersigned, a Nota~ Public in and for sai~ Coun~ and State, ~onally appeared ?a~ D. P~e and ~ 011~ge~ , to me pe~onally known, ~o being by me duly swom, did say that they are the Mayor and Ci~ CleA, respectively, 0f said municipal ~oration executing the within and foregoing inst~ment; that the seal a~xed thereto is the seal of said municipal ~rporation; that said inst~ment was signed and sealed on behalf of said municipal co~oration by authority of City Council of said municipal co~oration; and that ~e said Mayor and City CleA acknowledged the execution of said instrument to be the volunta~ a~ and deed and said municipal corporation, by it and by them voluntarily executed. Rot~ ~ublic in and for tho State of Iowa Jod K Harris ~ 6 CITY OF MARION, IOWA Mayor~ , ~ Q¥ictor' L Klopfens-I'oin A'I~'EST: ~ ~. ~ ~ . City Cler~ ~/es I ey A Ne I son CITY OF MARION ACKNOWLEDGEMENT STATE OF IOWA ) )SS: LINN COUNTY ) On this ~ '~ day of ...,/~,/*/,- ,2002, before me, the undersigned, a Nota~ Public in ana for said County and State, personally appeared [/~r .~, /~'/a~?'~//~ and ~r/~-y ,~. /'~,*/do~ , to me personally known, who being by me duly swom,/did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Sha~-on K Ne±'t-ler 7 Council Member Kanner moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Pfab seconded the motion. The roll was called and the vote was, AYES: Vanderhoef. Wilburn. Champion. Kanner. Lehman, O'Donnell, Pfab NAYS: None Council Member Vanderhoef moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Pi'ab seconded the motion. The roll was called and the vote was, AYES: Vanderhoef, Wilburn. Champion, Kanner, Lehman, O'Donnell. Pfab NAYS: None Council Member Champion introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $25,785,000 SEWER REVENUE REFUNDING BONDS, SERIES 2002, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS", and moved its adoption. Council Member Pfab seconded the motion to adopt. The roll was called and the vote was: -2- A¥1~S: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell. Pfab .' NAYS: NnnP Whereupon the Mayor declared the following Resolution duly adopted: Resolutio. No. 02-106 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $25,?85,000 SEWER REVENUE REFUNDING BONDS, SERIES 2002, OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Sanitary Sewer Utility, sometimes hereinafter referred to as the "System", and said revenues have not been pledged and are available for the payment of Revenue Bonds, subject to the following premises; and WHEREAS, Issuer proposes to issue its Sewer Revenue Refunding Bonds for the purpose of refunding the Refunded Bonds as set forth in Section 3 of this Resolution; and WHEREAS, there have been heretofore issued Sewer Revenue Bonds, part of which remain outstanding and are a lien on the Net Revenues of the System and are not to be refunded hereunder. In the Resolutions authorizing the issuance of the outstanding bonds it is provided that additional Revenue Bonds may be issued on a parity with the outstanding bonds, for the costs of future improvements and extensions to the System, provided that there has been procured and placed on file with the Clerl5, a statement complying with the conditions and limitations therein imposed upon the issuance of said parity bonds; and -3- WHEREAS, a statement of Evensen Dodge, Inc., independent financial advisors, confirming the prior opinion of Eide Bailly LLP, independent public accountants not in the regular employ of Issuer, shall be placed on file in the office of the Clerk, showing the conditions and limitations of said Resolutions, dated January 19, 1993, April 9, 1996, June 3, 1997, February 9, 1999, September 19, 2000 and November 27, 2001, authorizing the issuance of the Outstanding Bonds, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Bonds ranking on a parity with the outstanding bonds to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of not to exceed $27,055,000 Sewer Revenue Refunding Bonds has heretofore been duly published and no objections to such proposed action have been filed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms with or without capitalization shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Additional Bonds" shall mean any sewer revenue bonds or notes issued on a parity with the Bonds in accordance with the provisions of this Resolution. "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. "Bonds" shall mean $25,785,000 Sewer Revenue Refunding Bonds, Series 2002, 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. -4- "Clerk" shall mean the City Clerk or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. · "Continuing Disclosure'Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, except to the extent of any conflict with the terms of the Outstanding Bonds while the same remain outstanding. "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Net Revenues" shall mean gross earnings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of -5- materials and supplies but excluding depreciation and principal of and interest on the Bonds and any Parity Bonds or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. "Original Purchaser" shall mean the purchaser of the Bonds from Issuer at the time of their original issuance. "Outstanding Bonds" shall mean the Sewer Revenue Bonds dated January 15, 1993, March 15, 1996, June 1, 1997, February 1, 1999, October 1, 2000 and December 1, 2001, issued in accordance with Resolution No. 93-17, adopted January 19, 1993, Resolution No. 96-89 adopted April 9, 1996, Resolution No. 97-181 adopted June 3, 1997, Resolution No. 99-45 adopted February 9, 1999, Resolution No. 00-320 adopted September 19, 2000 and Resolution No. 01-374 adopted November 27, 2001; $1,830,000, $16,550,000, $9,675,000, $6,530,000, $ I 1,650,000 and $10,250,000, of which bonds are still outstanding and unpaid and remain a lien on the Net Revenues of the System. "Parity Bonds" shall mean sewer revenue bonds or notes payable solely from the Net Revenues of the System on an equal basis with the Bonds herein authorized to be issued, and shall include Additional Bonds as authorized to be issued under the terms of this Resolution and the Outstanding Bonds. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Permitted Investments" shall mean: · direct obligations of(including obligations 'issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; -6- · cash (insured at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with obligations described in the above paragraph); · obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export - Import Bank - Farm Credit System Financial Assistance Corporation - USDA - Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (PHA's) - Federal Housing Administration · repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; · senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; · U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1" or "A-l+" by S&P or "P-l" by Moody's and maturing no more than 360 days after the date of purchase (ratings on holding companies hre not considered as the rating of the bank); · commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by S&P or "P-I" by Moody's and which matures not more than 270 days after the date of purchase; -7- · investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P; · pre-refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; · tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; · an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and · Iowa Public Agency Investment Trust. -8- "Project Fund" or "Construction Account" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "Refunded Bonds" shall mean the outstanding bonds maturing July 1 of the years 2003 through 2012 of Sewer Revenue Bonds, Series 1993, in the amount of $25,665,000. "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 on file at DTC. "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Bonds and Parity Bonds; (b) 10% of the stated principal amount of the Bonds and Parity Bonds or (c) 125% of the average annual principal and interest coming due on the Bonds and Parity Bonds. For purposes of this definition: (1) "issue price" shall be substituted for "stated principal amount" for issues with original issue discount or original issue premium of more than a de minimus amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. "System" shall mean the Municipal Sanitary Sewer Utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Bonds or Parity Bonds remain outstanding; all real and personal property; and all appurtenances, contracts, leases, .franchises and other intangibles. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time ot? issuance and delivery of the Bonds. -9- "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. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authori _ty. The Bonds authorized by this Resolution shall be issued pursuant to Division V, Chapter 384 of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Refunding Bonds of Iowa City, in the County of Johnson State of Iowa, Series 2002, in the aggregate amount set forth in Section 5 for the purpose of refunding outstanding Sewer Revenue Bonds, Series 1993, issued by the City of Iowa City, Iowa. Section 4. Source of Pawnent. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the net earnings of the System and shall be a first lien on the future Net Revenues of the System. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the said Net Revenues to be sufficient for the payment of the Bonds. Section 5. Bond Details. Sewer Revenue Refunding Bonds of the City in the amount of $25,785,000 shall be issued pursuant to the provisions of Section 384.83 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "SEWER REVENUE REFUNDING BOND, SERIES 2002", be dated April 1, 2002, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on January 1, 2003 shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest 'and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. Said Bonds shall mature and bear interest as follows: -10- Interest Principal Maturity Rate Amount July 1 st 3.25% $1,935,000 2003 3.25% 2,280,000 2004 3.50% 2,390,000 2005 3.50% 2,430,000 2006 3.50% 2,525,000 2007 3.75% 2,605,000 2008 4.00% 2,710,000 2009 4.00% 2,880,000 2010 4.00% 3,010,000 2011 4.10% 2,980,000 2012 Section 6. Redemption. Bonds maturing after July 1, 2010, 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'regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal 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 -1l- semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter: (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall 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. ifa -12- 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 prox~tde for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized 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 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to -13- 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 0fthe 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 or'the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such -14- Bonds who shall therea~er be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six.months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. -15- 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. -16- 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 I (6) ] (') I I (8) ] [ (2) I<3) I I c4) I I <5) I (9) I (9a) I (10) Continued on the back of this Bond) I (11)(12)(13) ] [ (14) ] [ (15) FIGURE 1 (Front) -17- (10) (16) (Continued) FIGURE 2 (Back) -18- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 -- "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "SEWER REVENUE REFUNDING BOND" "SERIES 2002" Item 2, figure 1 -- Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: April l, 2002 Item 5, figure I = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 -- Certificate No. Item 8, figure 1 -- Principal Amount: $ Item 9, figure 1 -- The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 ~- (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of(principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 2003, and semiannually thereafter on the 1st day of January and July in each year. Interest and principal shall be paid to the registered holder of th~ 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 ora 360-day year of twelve 30-day months. -19- This Bond is issued pursuant to the provisions of Section 384.83 of the City Code of Iowa, as amended, for the purpose of refunding outstanding Sewer Revenue Bonds, Series 1993, issued by the City in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), 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 July 1, 2010, 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 -20- 384.83 (5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part, other bonds ranking on a parity therewith, and any additional bonds or notes which may be hereafter issued and outstanding from time to time on a parity with said Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by a pledge of the Net Revenues of the Municipal Sanitary Sewer Utility (the "System"), as defined and provided in said Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by said System in each year for the payment of the proper and reasonable expenses of operation and maintenance of said System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of said net earnings to be sufficient for the payment hereof. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, said City by its 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 authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 - Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature -21- Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure I = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: Mayor's facsimile signature Mayor ATTEST: By: City Clerk's facsimile signature City Clerk Item 16 Figures 2 = [Statement of Insurance] STATEMENT OF INSURANCE Financial Security Assurance Inc. ("Financial Security"), New York, New York, has delivered its municipal bond insurance policy with respect to the scheduled payments due of principal of and interest on this Bond to the City Controller, Iowa City, Iowa, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from Financial Security or the Paying Agent. Item 17, figure 3 = [Assignment Block] [Information Required for Registration] -22- 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) 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 -23- * 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 of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - . ......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; and the Net Revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Bond Proceeds - Redemption and Current Refunding of Refunded Bonds. Proceeds of the Bonds shall be applied as follows: · An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Bonds. · The remaining proceeds, together with cash funds in such amount that such proceeds and cash funds are sufficient to retire the Refunded Bonds on July 1, 2002, shall be deposited in trust with the Treasurer for the payment of the Refunded Bonds and irrevocably appropriated exclusively to the payment of principal of, interest on and premium, if any, due on the redemption thereof. Said amount shall be held separately from all other -24- moneys or accounts, in cash or direct obligations of the United States, maturing on or before the Call Date of the Refunded Bonds. · The Refunded Bonds are called-and shall be redeemed as of the Call Date. The City Controller is hereby authorized and directed to cause notice of such redemption to be given in compliance with the terms of the Refunded Bonds. As used in this Section "Call Date" shall mean July 1, 2002, on which date the Refunded Bonds shall be redeemed and paid. Section 16. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. Said rates or charges to be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. Any revenues p.aid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From m~d after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to make deposits into a separate and special fund to pay current expenses. The fund shall be known as the Sewer Revenue Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. (b) Sinking Fund. Money in the Revenue Fund shall next be disbursed to make deposits into a separate and special fund to pay the principal and interest requirements of the Fiscal Year on the Bonds and Parity Bonds. The fund shall be known as the Sewer Revenue Bond and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be the equal monthly amount necessary to pay in full the installment of interest coming due on the next interest payment date on the then outstanding Bonds and Parity Bonds plus the equal monthly amount necessary to pay in full the installment of principal coming due on such Bonds on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bonds and Parity Bonds as the same shall become due and payable. (c) Reserve Fund. Money in the Revenue Fund shall next be disbursed to maintain a debt service reserve in an amount equal to the Reserve Fund Requirement. Such fund shall be known as the Sewer Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25 percent of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the Reserve Fund Requirement, no further deposits shall be made into the Reserve Fund except to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance required above, such additional amounts shall be withdrawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (d) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund to be known as the Sewer Revenue .Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each month shall be $20,000; provided, however, that when the amount of said deposits in said fund shall equal or exceed $2,000,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund not otherwise spccially limited by other provisions of this Resolution shall be used solely for the purpose -26- of paying principal of or interest on the Bonds or Parity Bonds when there shall be insufficient money in the Sinking Fund and the Reserve Fund; and to the extent not required for the foregoing, to pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements hot included in the annual budget of revenues and current expenses, payment of rentals on any part of the System or payments due for any property purchased as a part of the System, and for capital improvements to the System. Whenever it shall become necessary to so use money in the Improvement Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (e) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Bonds and Parity Bonds, and which have been issued for the purposes of extensions and improvements to the System or to retire the Bonds or Parity Bonds in advance of maturity, or to pay for extraordinary repairs or replacements to the System. (f) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, may be used to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Bonds or Parity Bonds any of them, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months after -27- payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 17.1. Outstanding Bonds. N6thing in this Resolution shall be construed to impair the rights vested in the Outstanding Bonds. The amounts required to be paid into the various funds named in this Resolution shall be inclusive of payments required in respect to the Outstanding Bonds. The provisions of the Resolutions adopted January 19, 1993, April 9, 1996, June 3, 1997, February 9, 1999, September 19, 2000 and November 27, 2001 authorizing the Outstanding Bonds referred to in Section 1 of this Resolution and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the bonds authorized by said resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. Section 18. Investments. Moneys on hand in the Project Fund and all of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation, or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum, amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 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 the purposes for which said fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System except earnings on investments of the Project Fund shall be deposited in and expended from the Project Fund. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. -28- Section 19. Covenants Regarding the Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance and Efficienc_'¢. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and changes otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. The Issuer shall maintain insurance for the benefit of the bondholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days after the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Bonds and Parity Bonds upon request. The holders of any of the Bonds and Parity Bonds shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the revenues of the System and apply said revenues to the funds specified in this Resolution. -29- (f) Property. The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Bonds and Parity Bonds shall have be~n provided for in the manner provided in this Resolution; provided, however, that this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund and used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Bonds or Parity Bonds shall not be used to pay principal or interest on the Bonds and Parity Bonds or for payments into the Sinking or Reserve Funds. (g) Fidelity Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Years. Copies of such budget and any amendments thereto shall be provided to the holders of any of the Bonds upon request. Section 20. Remedies of Bondholders. Except as herein expressly limited the holder or holders of the Bonds and Parity Bonds shall have and possess all the rights of action and remedies afforded by the common law, the Constitution am! statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Bonds and interest thereon, and o£the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. -30- Section 21. Prior Lien and Parity Bonds. The Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Bonds which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any Bonds, Parity Bonds or general obligation bonds outstanding, or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the City Clerk, a statement of an Independent Auditor, independent financial consultant or a Consulting Engineer, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the net earnings of the System and the Additional Bonds then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an Independent Auditor or. a Consulting Engineer, not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Bonds been in effect during all of such preceding Fiscal Year. -31- (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds were issued or the proceeds of them were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. (vi) at the issuance of the Additional Bonds, proceeds thereof shall be applied to fully fund the Reserve Fund with respect to the funding requirement applicable to the Additional Bonds, but only to the extent that such immediate funding is, in the opinion of Bond Counsel, permitted by law and consistent with the requirements for tax-exemption under federal income tax laws and regulations in effect on the date of issuance. Section 22. Disposition of Bond Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of said Bonds it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusiofl 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 ~32- and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat aS Yield Restricted any proceeds of the Bonds remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Bonds and Parity Bonds, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Bonds to be classified as arbitrage bonds under Section 148(a) and (b) of the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Bonds for the purpose set forth in this Resolution. The Issuer further covenants that it will make no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Bonds not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 23. 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 (~ 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. -33- Section 24. Not Qualified Tax-Exempt Obligations. The Bonds shall not be designated as qualified tax-exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. Section 25 Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 26. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Bonds and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 27. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: -34- (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Bonds or Parity Bonds; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Bonds or Parity Bonds from being includable within the gross income of the holders thereof for federal income tax purposes; (c) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Bonds; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 28. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Bonds and Parity Bonds at any time outstanding (not including in any case any Bonds which may then be held or owned by or for the account of the Issuer, but including such Refunding Bonds as may have been issued for the purpose of refunding any of such Bonds if such Refunding Bonds shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to; (a) Make any change in the maturity or interest rate of the Bonds, or modify the terms of payment of principal of or interest on the Bonds or,any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Bonds and Parity Bonds then outstanding; and -35- (c) Reduce the percentage of the principal amount of Bonds, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Bond as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk Whenever at any time within one year from the date of the mailing of said notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Bonds then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in said notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. -36- Section 29. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. : Section 30. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and City Clerk are hereby authorized to execute and deliver the same at issuance of the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 3 I. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. Adopted and approved this lgth day of March _, 2002. Mayor ATTEST: City'Clerk ' -37- I03-19-02 18 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356~5138 RESOLUTION NO. 02-107 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ArrEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT. WHEREAS, Culver's Lawn and Landscape of Marion, Iowa has submitted the lowest responsible bid of $134,526.70 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 Culver's Lawn and Landscape, 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 19th dayof Hatch ,20 02 Approved by CITY'CLERK City Attorney's Off~e It was moved by 0' Donne] ] and seconded by Vanderhoef 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 pwenglreslrr~reklndsc~pe-contr doc ADVERTISEMENT FOR BIDS MORMON TREK BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 12th day of March, 2002, 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. 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. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 19th day of March, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Planting, maintenance and establishment of 4.3 AC prairie seed. Planting of 872 1" to2 ~" caliper trees. Planting of 130 vines, 579 shrubs and 1,694 gallon sized perennial plants and all associated work. All work is to be done in strict compliance with the plans and specifications prepared by Hawks Design, of Iowa City, Iowa, 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 envelops, 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 of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, 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, 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 one ('1) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 60 Specified Start Date: April 20, 2002 Liquidated Damages: $50.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer in Iowa City, Iowa, by bona fide bidders. A $20.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. 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. MARIAN K. KARR, CITY CLERK i03-19-02 I 19 Prepared by: Klm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5134 RESOLUTION NO. 02-108 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT. WHEREAS, TAB Construction, Inc. of Davenport, Iowa has submitted the lowest responsible bid of $613,040.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to TAB Construction, Inc., 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 19th dayof Nat-ch ,20. 02 Approved by CIT~/-~SLERK ' City ~,tt~)mey's Office It was moved by Pfab and seconded by Champ~ on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X Q'Donnell × Pfab X Vanderhoef X Wilburn pwengVes~orairie-dod ge walerr~3in doc ADVERTISEMENT FOR BIDS PRAIRIE DU CHIEN ROAD TO DODGE STREET WATER MAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on March 12, 2002, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City 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 bythe City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on Mamh 19, 2002, or at such later time and place as may then be scheduled. The Project will involve the following construction activities: Installation of a 24" diameter DIP watermain from Prairie Du Chien Road to Dodge Street, running parallel to Williams Gas Pipeline, turning south to Bristol Dr., then following Dubuque Road to Dodge Street and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 22 So. Linn Street, Iowa City, IA 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 pement (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 two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Total Project Working Days: 85 (counting Saturdays) Interim Working Days: 25 - See Section 01010 Specified Start Date: April 1,2002 Liquidated Damages/Incentive: Total Project: $1000 per working day Interim: $750 per working 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, 22 So. Linn Street, 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 Form of Proposal 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, Section 23.21, Code of Iowa (1997), 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. MARIAN K. KARR, CITY CLERK Prepared by Andy Ma'ahews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02-109 RESOLUTION AUTHORIZING THE' MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY STATES L.R.C., AND MIKE AND MARTY ENT. d/b/a QUINTON'S BAR AND DELI FOR A SIDEWALK CAFe; WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Mike and Marry Ent. d/b/a Quinton's Bar and Deli, applied for temporary use of the public right-of-way at 215 E. Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: I. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 19~;hday of March, 2002. ._ ATTEST:,~/~'../.~.j ~ ~3;~.~,) Approved by: CI'~Y CLERK C.~ty A~torne~'~'l~ffice Quinton's Sidewalk Caf~ Res Resolution No. 02-109 Page 2 It was moved by. W'ilburn and seconded by 0'Donne11 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  WASHINCTON STREET , - FENCE ELEVATION TOe WEW OF POST ~ 9675 :~ ;~AN~L. VAN' ~KLE~.& RESOLUTION IN OPPOSITION TO IOWA SF 165, DECLARING ENGLISH THE OFFICIAL LANGUAGE WHEREAS Iowa has functioned successfully for more than 150 years without a law declaring an official language; and WHEREAS Most immigrants who move to Iowa and do not have English as their primary language soon learn English; and WHEREAS Almost all second generation immigrants to Iowa whose parents did not speak English as a primary language learn to speak fluent English; and WHEREAS Governor Tom Vilsaek in his 2010 Report hopes to attract diverse people to come live in our great state of Iowa. THEREFORE IT IS RESOLVED The City Council of Iowa City feels there is no need to adopt English as the official language of Iowa and urges that Iowa Senate File 165 be defeated at every level. Date: Thu, 7 Feb 2002 19:11:22 -0800 (PST) From: David Munoz <munozdave~yahoo.com> Subject: EO: Org List Update 2/7/2002 To: Latino Community Forum <munozdave@yahoo.com> 2002 List of Organizations Opposed to English Only (Iowa SF165) Updated Thursday, February 7, 2002 9:00 p.m. American Friends Service Committee Boddy Media Clinical Assessment & Treatment Services, P.C. Creative Visions Criminal Justice Ministries Ecumenical Ministries of Iowa El Foro Comunitario Latino : .'.:'" Greater Des Moines Partnership Hawthorne Hill ESL Program/Sudanese Women's Employment Project Health Care Access Network Inc. Hispanic Educational Resources, Inc. Hispanic Ministry of the Archdiocese of Dubuque HISPANICS Political Action Committee The Interfaith Alliance of Iowa Iowa Asian Alliance Iowa Catholic Conference Diocese of Davenport Archdiocese of Dubuque Diocese of Des Moines Diocese of Sioux City Iowa Civil Rights Commission Iowa Citizens for Community Improvement Iowa Citizens United fi. or the Rehabilitation of Errants Iowa Civil Liberties Union Iowa Coalition Against Sexual Assault Page 2 of 2 Iowa Commission of Latino Affairs Iowa Conference of the United Methodist Church Iowa Council for International Understanding Iowa Division of Latino Affairs Iowa Faith and Labor Committee Iowa Federation of Labor Iowa Hispanic Chamber of Commerce Iowa Immigram Rights Network Justice Reform Consortium Latino Leadership Project League of Women Voters of Iowa Mercy Medical Center - Des Moines Methodist Federation for Social Action MLK Scholarship Fund National Conference for Community and Justice Proteus, Inc Rainbow Experience Sac & Fox Tribe (Meskwaki) South Central Iowa Federation of Labor South Vietnam Veterans Association United Steelworkers of America Willkie House, Inc Do You Yahoo!? Send FREE Valentine eCards with Yahoo! Greetings! 3/15/02 SF 165 ...enacting the Iowa English language reaffirmation Act of... Page 1 of 4 Text: SF00164 Text: SF00166 Text: SF00100 - SF00199 Text: SE Index Bills and Amendments: General Index Bill History: General Index Get Version To Print This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change. Senate File 165 Partial Bill History · Bill Introduced: ~.~. 2~8_~ · CommiRee Repo~ Issued: ~.~!7 ~.!,._~0~6~ · Passed House: t[.J. 503 · Passed Senate: S.J. 575 · Complete Bill ltistow Bill Text PAG LIN 1 i SENATE FILE 165 12 1 3 AN ACT 1 4 ENACTING THE IOWA ENGLISH LANGUAGE REAFFIRMATION ACT OF 2001. 15 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 17 1 8 Section 1. NEW SECTION. 1.18 IOWA ENGLISH LANGUAGE 1 9 REAFFIRMATION. i 10 1. The general assembly of the state of Iowa finds and 1 11 declares the following: 1 12 a. The state of Iowa is comprised of individuals from 1 13 different ethnic, cultural, and linguistic backgrounds. The 1 14 state of Iowa encourages the assimilation of Iowans into 1 15 Iowa's rich culture. 1 16 b. Throughout the history of Iowa and of the United 1 17 States, the common thread binding individuals of differing 1 18 backgrounds together has been the English language. 1 19 c. Among the powers reserved to each state is the power to 1 20 establish the English language as the official language of the 1 21 state, and otherwise to promote the English language within 1 22 the state, subject to the prohibitions enumerated in the 1 23 Constitution of the United States and in laws of the state. 1 24 2. In order to encourage every citizen of this state to 1 25 become more proficient in the English language, thereby 1 26 facilitating participation in the economic, political, and http://www.legis.state.ia.us/cgi-bin/Legislation/BilhpI 3/4/02 SF I65 ...enacting the Iowa English language reaffirmation Act of... Page 2 of 4 1 27 cultural activities of this state and of the United States, 1 28 the English language is hereby declared to be the official 1 29 language of the state of Iowa. 1 30 3. Except as otherwise provided for in subsections 4 and 1 31 5, the English language shall be the language of government in 1 32 Iowa. All official documents, regulations, orders, 1 33 transactions, proceedings, programs, meetings, publications, 1 34 or actions taken or issued, which are conducted or regulated 1 35 by, or on behalf of, or representing the state and all of its 2 1.political sub~ivisiona shall be in the English language. 2 2 For the purposes of this section, "official action" means 2 3 any action taken by the government in Iowa or by an authorized 2 4 officer or agent of the government in Iowa that does any of 2 5 the following: 2 6 a. Binds the government. 2 7 b. Is required by law. 2 8 c. Is otherwise subject to scrutiny by either the press or 2 9 the public. 2 10 4. This section shall not apply to: 2 11 ~[---The teaching of languages. 2 12 b. Requirements under the federal Individuals with 2 13 Disabilities Education Act. 2 14 c. Actions, documents, or policies necessary for trade, 2 15 tourism, or commerce. 2 16 d. Actions or documents that protect the public health and 2 17 safety. 2 18 e. Actions or documents that facilitate activities 2 19 pertaining to compiling any census of populations. 2 20 f. Actions or documents that protect the rights of victims 2 21 of crimes or criminal defendants. 2 22 g. Use of proper names, terms of art, or phrases from 2 23 languages other than English. 2 24 h. Any language usage required by or necessary to secure 2 25 the rights guaranteed by the Constitution and laws of the 2 26 United States of America or the Constitution of the State of 2 27 Iowa. 2 28 i. Any oral or written communications, examinations, or 2 29 publications produced or utilized by a driver's license 2 30 station, provided public safety is not jeopardized. 2 31 5. Nothing in this section shall be construed to do any of 2 32 the following: 2 33 a. Prohibit an individual member of the general assembly 2 34 or officer of state government, while performing official 2 35 business, from couununicating through any medium with another 3 1 person in a language other than English, if that member or 3 2 officer deems it necessary or desirable to do so. 3 3 b. Limit the preservation or use of Native American 3 4 languages, as defined in the federal Native American Languages 3 5 Act of 1992. 3 6 c. Disparage any language other than English or discourage 3 7 any person from learning or using a language other than 3 8 English. 3 9 Sec. 2. NEW SECTION. 4.14 GENERAL RULES OF CONSTRUCTION 3 10 FOR ENGLISH LANGUAGE LAWS. 3 11 It is presumed that English language requirements in the 3 12 public sector are consistent with the laws of Iowa and any 3 13 ambiguity in the English language text of the laws of Iowa http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl 3/4/02 SF 165 ...enacting the Iowa English language reaffirmation Act of... Page 3 of 4 3 14 shall be resolved, in accordance with the ninth and tenth 3 15 amendments of the Constitution of the United States, not to 3 16 deny or disparage rights retained by the people, and to 3 17 reserve powers to the states or to the people. 3 18 Sec. 3. CITATION. This Act may be cited as the "Iowa 3 19 English Language Reaffirmation Act of 2001". 3 2O 3 21 3 22 3 23 MARY E. K~MER 3 24 President of the Senate 3 25 326 3 27 3 28 BRENT SIEGRIST 3 29 Speaker of the House 3 3O 3 31 I hereby certify that this bill originated in the Senate and 3 32 is known as Senate File 165, Seventy-ninth General Asse~ly. 3 33 3 34 3 35 4 1 MICHAEL E. MARSHALL 4 2 Secretary of the Senate 4 3 Approved , 2002 44 45 46 4 7 THOMAS J. VILSACK 4 8 Governor Text: SF00164 Text: SF00166 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index © 2002 Cornel_l (;.~l!.c.'.gg.g!ld_~League of Women Votej%9_f...lQ~':4 Comments about this site or page? webmaster~staff:legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning http://www.legis.state.ia.us/cgi-bin/Legislation/Bill.pl 3/4/02 SF 165 ...enacting the Iowa English language reaffirmation Act of... Page 4 of 4 legislation to State Legislators. Last update: Fri Mar 1 16:15.'51 CST 2002 URL: http://www.legis.state.ia.us/C~A/79GA/Legislation/SF/O0100/SF00165/020226.html jhf http://www.legis.state.ia.us/cgi-bin]Legislation/Bill.pl 3/4/02