HomeMy WebLinkAbout2012-04-17 ResolutionM'�
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043
RESOLUTION NO. 12 -158
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license /permit, to wit:
First Avenue Club - 1550 S. First Avenue
Loyal Order of Moose Lodge #1096 - 3151 Highway 6 East
Passed and approved this 17th day of April , 20 12
linAo n
MAYOR
Approved by
ATTEST:
CITY CLERK City Attorney's Office
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_x Champion
x Dickens
x Dobyns
_x_ Hayek
x Mims
g Payne
x— Throgmorton
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M +S
5d(l)
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Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030
RESOLUTION NO. 12 -159
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
MIDWESTONE BANK FOR PROPERTY LOCATED AT 1702 GRYN DRIVE.
WHEREAS, the City provided the owner of 1702 Gryn Drive with downpayment assistance,
which is secured by a mortgage;
WHEREAS, the owner is refinancing to obtain a lower rate, and MidWestOne Bank is
requesting that the City subordinate its mortgage to the new mortgage; and
WHEREAS, the property has sufficient equity to cover the City's lien position; and
WHEREAS, the lender requests that the City's mortgage be subordinated to its loan, which is
the City's original position.
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 attached subordination
agreement between the City of Iowa City and MidWestOne Bank.
Passed and approved this 17th day of April , 2012.
MAYOR
ATTEST:'
CIT LERK
Approved by
(4,
City Attorney's Office
Resolution No. —12 —1 59
Page 2—
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
— x Champion
_x Dickens
x Dobyns
x Hayek
x Mims
7_ Payne
x Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
MidWestOne Bank, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain mortgage which at this time is in the amount
of $10,000, and where executed by Janet E. Bell (herein the Owner), dated October 24, 2008,
recorded October 28; 2008, in Book 4361, Page 227 through Page 232 Johnson County
Recorder's Office, covering the following described real property:
Beginning at the southwest corner of Lot 80, Ty'n Cae Part 3, Iowa City, Iowa,
according to the plat thereof recorded in Book 24, Page 18, Plat Records of
Johnson County, Iowa; thence N1 °01'11 "E, along the westerly line of said Lot 80,
125.00 feet to the northwest comer of said Lot 80; thence S88 °58'49 "E, along the
northerly line of said Lot 80, 55.19 feet; thence S7 047'01 "W, 127.59 feet to the
northerly right -of -way line of Gryn Drive; thence northwesterly 27.68 feet along said
northerly right -of -way line on a 225.00 foot radius curve concave southwesterly,
whose 27.66 foot chord bears N85 °27'23 "W; thence N88 058'49 "W, along said
northerly right -of -way line 12.56 feet to the point of beginning,
WHEREAS, the Financial Institution proposes to loan the sum of $98700 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgage
held by the City be subordinated to the lien of the mortgage 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 Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the mortgage 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.
A
Dated this 0 day of Aneg. , 2012,
CITY OF IOWA CITY
By /�
Matthew J. Hayek, Mayor
Attest:
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
M-5 W, W*11IIIIIIIIIIIIIII
On this �7 4k day of 4-u� , 2012, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution No. /a- i59 passed
(the Resolution adopted) by the City Council, under Roll Call No. ---- of the City Council
on the 1-7 tt day of AxTL, , 20 /a , and that Matthew J. Hayek and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
*0W wt SONDRAE FORT
Commission Number 159791 Se rKS�na� ��"6
My Commission Expires Notary Public in and for the State of Iowa
3 7 .20/
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of 2012, before me, the undersigned, a Notary
ga►z�a�e Notary Public in a d for the State of Iowa
Public in and for the State of Iowa, personally appeared PEGGY J. DOERGE , to me personally
known, who being by me duly sworn, did say that he /she is the Vice President of
MidWestOne Bank, that said instrument was signed on behalf of said corporation by authority of its
Board of Directors; and that said Vice President acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily
executed.
PaAC PATTY
My Commission expires:
zCommission N
Number 7 68234
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My Commiss_ Ion Expires
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My Commission expires:
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Prepared by: Bob Hardy, Cable TV Administrator, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5047
RESOLUTION NO. 12 -160
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A TWO -MONTH EXTENSION OF THE
AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC.
WHEREAS, in Resolution No. 09 -315, the City Council approved an agreement between
the City of Iowa City and Public Access Television, Inc. ( "PATV ") for the provision of
public access and community programming on cable television, which is to expire on
May 1, 2012;
WHEREAS, because the parties are still negotiating a new agreement, and it is in the
best interest of the City to extend the term for two additional months to July 1, 2012 to
allow sufficient time to complete the negotiations.
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 to
the Amendment to Agreement, a copy of which is attached.
Passed and approved this 17th day of April , 2012.
8 US Lei.
ATTEST: 9
CITY-CLERK
Approved by
S -t, S— - I &
City Attorney's Office
Resolution No.
Page 2
12 -160
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
AMENDMENT TO AGREEMENT
This Amendment to Agreement between the City of Iowa City, a municipal corporation
( "Iowa City "), and Public Access Television, Inc. ( "PATV "), is being entered into in Iowa City,
Iowa.
WHEREAS, Iowa City and PATV entered into a contract entitled Agreement on September
29, 2009 for the provision of public access and community programming on cable television;
WHEREAS, said Agreement terminates on May 1, 2012;
WHEREAS, the parties are negotiating a new contract but do not anticipate that they will
conclude the negotiations prior to May 1, 2012; and
WHEREAS, the parties wish to amend said agreement by extending the term to July 1,
2012 to allow them sufficient time to negotiate a new contract.
IT IS THEREFORE AGREED that:
- Section 17 is amended by deleting it in its entirety and substituting in lieu thereof
the following new Section 17:
Section 17: This Agreement shall commence on October 1, 2009 and end on
July 1, 2012, unless terminated earlier, as provided in the Agreement. This
Agreement may be extended, by mutual written agreement of the Parties, for an
additional three year period as set forth below.
- All other terms and provisions of said Agreement remain in full force and effect.
PUBLIC ACCESS TELEVISION, INC.
BY: 4-7 �, [-,,, G DATE: /S� r Z
PATV ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY)
This instrument was acknowledged before me on App-) L S , 2012 by
Joshua Goding, Exeutive Director of Public Access Television, Inc.
�'� u SONDRAE FORT
z° Commission Number 158781 Notary Public in and for the State of Iowa
• My Commission Expires
• ow $ 7 �0! 5
My Commission expires: 8 020
CITY OF IOWA CITY
By: 4
Matthew J. Hayek, Mayor
Attest: iY
Marian . Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
April 17, 2012
Date
April 17, 2012
Date
CITY ACKNOWLEDGMENT
On this 17 " k day of Af-R! l I- , 2012, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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 corporation, by it and by them
voluntarily executed.
Elo m SONDRAE FORT
Commission Number 159791
My Com /.46a Expires
37a oi5
Approved by:
City Attorney's Office
S,-.L" V, -b
Notary Public in and for the State of Iowa
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5d(3) '
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -161'
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM WALGREENS 507
WHEREAS, on January 19, 2012, an employee of Walgreens 507, 2214 Muscatine
Avenue, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
WHEREAS, at the time of the violation, Walgreens 507 was operating under a retail
cigarette permit issued by the City of Iowa City; 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
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, Walgreens 507 has 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
within a two -year period.
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 Walgreens 507.
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: April 17, 2012
Mayor, City of Iowa City
ATTEST: Az, tlJ
City Clerk, City of Iowa City
Resolution No. 12 -161
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
_x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
5...�,
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -162
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST, IOWA CITY, IOWA FOR
PROPERTY LOCATED AT 2813 FRIENDSHIP STREET, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Third Mortgage in the total
amount of $10,000, executed by the owner of the property on January 5, 2009, recorded
on January 8, 2009, in Book 4379, Page 561 through Page 566 in the Johnson County
Recorder's Office covering the following described real estate:
Lot 198 in Part Three Court Hill, an Addition to the City of Iowa City, Iowa, according to the
plat thereof recorded in Plat Book 5, Page 6, Plat Records of Johnson County, Iowa, subject
to easements and restrictions of use and record,
WHEREAS, Hills Bank and Trust is refinancing a Mortgage and is securing the loan with
a Mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Third Mortgage held by the City be subordinated to
the loan of Hills Bank and Trust, secured by a proposed mortgage in order to induce
Hills Bank and Trust to secure first position on such a loan; and
WHEREAS, Hills Bank and Trust has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said
mortgage with Hills Bank and Trust; and
WHEREAS, there is sufficient value in the above - described real estate to secure the
City's position.
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 Hills Bank and Trust,
Iowa City, Iowa.
Passed and approved this 17th day of April
MAYOR
Approved by
20 12 .
Resolution No. 12 -162
Page 2
D4 t
ATTEST:
C RK City Attorney's Office
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
x Dickens
x Dobyns
Hayek
X Mims
Payne
X Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust, Coralville, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Third Mortgage which at this time is in the
amount of $10,000, and was executed by Jerad W. Krall (herein the Owner), dated January 5,
2009, recorded January 8, 2009, in Book 4379, Page 561 through Page 566, Johnson County
Recorder's Office, covering the following described real property:
Lot 198 in Part Three Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof
recorded in Plat Book 5, Page 6, Plat Records of Johnson County, Iowa, subject to easements and
restrictions of use and record,
WHEREAS, the Financial Institution has loaned the sum of $142,500 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Third
Mortgage held by the City be subordinated to the lien of the mortgage 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 Third 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 Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Third Mortgage of the City.
.f h
Dated this 17 day of 44PR r z- 12012.
CITY OF IOWA CITY
By
Matthew J. Hayek, Mayor
Attest:
City Nerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
W:- r5 AM
e
On this 17 day of Are-i L-- , 2012, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution No. /a - /6a- passed
(the Resolution adopted) by the City Council, under Roll Call No. — —• of the City Council
on the 17 "" day of Ape t- , 2012, and that Matthew J. Hayek and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
E W T-- SONDRAE FORT Commission Number 159791
My Commission Expires Notary Public in and for the State of Iowa
3 ? s7Gd3
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this Z'1^ day of MGti cu , 2012, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared �tu'-ca'2W11Q 04 , to me personally
known, who being by me duly sworn, did say that he /she is the l� �'�e�t"n�ec c� e of Hills
Bank & Trust Company, that said instrument was signed on behalf of said corporation by authority of
its Board of Directors; and that saQ-ek--0cca acknowledged the execution of said
instrument to be the voluntary act and deed of said 7011 pion, by it and by him /her voluntarily
executed.
dam , Nota Public n an f _V State of Iowa
COmmoon Nu or 1029141
MY rs
w My Commission expires: ADA11 g 2 c7 �3
►vt�
5d(5)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -163
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1112 WYLDE
GREEN ROAD, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total
amount of $2,500, executed by the owner of the property on June 6, 2002, recorded on
June 12, 2002, in Book 3313, Page 96 through Page 99 in the Johnson County
Recorder's Office covering the following described real estate:
Bryn Mawr Hts Part 2, Lot 64 of Iowa City located in Johnson County, Iowa
WHEREAS, University of Iowa Community Credit Union is refinancing a Mortgage and is
securing the loan with a Mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the
loan of University of Iowa Community Credit Union, secured by a proposed mortgage in
order to induce University of Iowa Community Credit Union to secure first position on
such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above - described real estate to secure the
City's second position.
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 University of Iowa
Community Credit Union, Iowa City, Iowa.
Passed and approved this 17 th day of _Ap-i 1 1 20.2___
igv-gwav
I AA rivi 01 -
Resolution No. 12 -163
Page 2
ATTEST:
—
CIT LERK
Approved by
City Attorney's Office
it was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
-- Dickens
Dobyns
Hayek
Mims
X Payne
x Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the
amount of $2,500, and was executed by Krista M. Kazembe (herein the Owner), dated June 6,
2002, recorded June 12, 2002, n Book 3313, Page 96 through Page 99, Johnson County
Recorder's Office, covering the following described real property:
Bryn Mawr Hts Part 2, Lot 64 of Iowa City located in Johnson County, Iowa
WHEREAS, the Financial Institution has loaned the sum of $107,700 on a promissory note to be
executed by the Financial Institution, securing a mortgage covering the real property described
above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage
held by the City be subordinated to the lien of the mortgage 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 ! nstitution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgage 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.
"d
Dated this / 7 day of APR 1 20 ty .
CITY OF IOWA CITY
FINANCIAL INSTITUTION
B By
Mayor
Attest:
% -
City erk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of 120 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call
No. of the City Council on the day of , 20 , and
that _ _ and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this And day of , 20A , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared ..-NNI'dol , to me
personally known, who being by me duly sworn, did say that he /she is the MdW& LOW (Vi%
of UAIVe6b 0� I Ma UnAu l � JiPLit T ,Uthat said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said acknowledged
the execution of said instrument to be the voluntary act and eed of said corporation, by it and by
him /her voluntarily executed.
ota ublic in a fo the Oatdof Iowa
SAM MCSORLEY
Commis$M Number 749994
mi .res
My Commission expires: 111104M
M49 -
5d6
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246
RESOLUTION NO. 12 -164
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2001 SHERMAN
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage,
executed by the owner of the property on August 19, 2011, recorded on October 3,
2011, in Book 4811, Page 500 through Page 505, in the Johnson County Recorder's
Office covering the following described real estate:
Lot 7, General Quarters - Part One, Iowa City, Iowa, according to the plat thereof
recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, University of Iowa Community Credit Union has executed a loan and is
securing the loan with a mortgage, on the real estate described above; and
WHEREAS, it is necessary that the Forgivable Mortgage held by the City be
subordinated to the loan of University of Iowa Community Credit Union, secured by the
proposed mortgage in order to induce University of Iowa Community Credit Union to
secure first position on such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien
subordinate to the lien of said mortgage with University of Iowa Community Credit Union;
and
WHEREAS, there is sufficient value in the above - described real estate to secure the City
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 sign and the City Clerk to attest the
subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Passed and approved this 17th day of April , 20 12
MAYOR
Resolution No. 12 -164
Page 2
ATTEST: ,r ifGZ✓I
C TY RK
Approved by
L4 _ k
City Attorney's Office
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
g
Dickens
-_
Dobyns
x
Hayek
g
Mims
X
Payne
x
Throgmorton
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and
University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is
in the amount of $45,000, and was executed by Tashundra Marshall (herein the Owner), dated
August 19, 2011, recorded October 3. 2011, in Book 4811, Page 500 through Page 505,
Johnson County Recorder's Office, covering the following described real property:
Lot 7, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded
in Book 48, Page 132, Plat Records of Johnson County, Iowa.
WHEREAS, the Financial Institution has loaned the sum of $ 135,000.00 on a promissory note
to be executed by the Financial Institution, securing a mortgage covering the real property
described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Forgivable Mortgage held by the City be subordinated to the lien of the mortgage 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 Forgivable 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 Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Forgivable Mortgage 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 /74k day of Ara i c, , 20 ra .
CITY OF IOWA CITY
Attest:
�/' rv"2
City LTerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
FINANCIAL INSTITUTION
By
Kimberly K Mcuoy /VP Mortgag 0 rations
Officer
On this � day of APp-i L-- , 20 i� , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Mot- +,-eu/ '-T. 1ja -c I"— and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (AFdee)
(Resolution) No. /a- /6 - passed (the Resolution adopted) by the City Council, under Roll Call
No. — of the City Council on the 17 41� day of APp-t z- , 20 i.2- , and
that M a-+f4e w , .. 44 a,.,-p 1L and Marian K. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
o qua SONDRAE FORT
a
L om CommNumoberr11599791
a 3 7,400 i Notary Public in and for the State of Iowa
LENDER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 3rd day of Aprit , 2012 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Kimberly K McCoy , to me
personally known, who being by me duly sworn, did say that he /she is the VP Mtg Operations officer
of U of I Community Credit Union , that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that said Kimberly K McCoy acknowledged
the execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him /her voluntarily executed.
CON IN E ! WVELK
Cow ion Number 7�2� 1
Notary Public in and for the tate of Iowa
Connie J Welk
My Commission expires:
04 -17 -12
5d(7)
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139
RESOLUTION NO. 12 -165
RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS
PROJECT - CONTRACT #3
WHEREAS, the Engineering Division has recommended that the work for construction of the
CDBG Demolitions Project - Contract #3, as included in a contract between the City of Iowa City
and D. W. Zinser Co. of Walford, Iowa, dated January 19, 2011, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the CDBG account #813 -2300; and
WHEREAS, the final contract price is $49,005.00.
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 17th day of April , 20 12
MAYOR
Approved by
ATTEST:
CITY ERK City Attorney's Office IIZ
It was moved by Throgmorton and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
Pweng /res/acpiwork- cdbgdemo proj #ldoc
4/12
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
5J��)
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
ENGINEER'S REPORT www.icgov.org
April 9, 2012
City Council
City of Iowa City, Iowa
Re: CDBG Demolitions Project - Contract #3
Dear City Council:
I hereby certify that the CDBG Demolitions Project - Contract #3 has been
completed by D.W. Zinser Company of Walford, IA, in substantial accordance
with the plans and specifications prepared by the City of Iowa City.
The final contract price is $49,005.00
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
11-2,zl ��
Ronald Knoche, P.E.
City Engineer
A ' N-
5d(8)
Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139
RESOLUTION NO. 12 -166
RESOLUTION ACCEPTING THE WORK FOR THE CDG DEMOLITIONS
PROJECT — CONTRACT #3
WHEREAS, the Engineering Division has recommended that the work for construction of the
CDG Demolitions Project — Contract #3, as included in a contract between the City of Iowa City
and D. W. Zinser Co. of Watford, Iowa, dated January 19, 2011, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Engineer's office; and
WHEREAS, funds for this project are available in the General Fund account #1000; and
WHEREAS, the final contract price is $7,085.50.
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 17th day of April , 20 12
ZV4 A4 A,
MAYOR
Approved by
ATTEST:
AtTY=t City Attorney's A&AOfficeq
It was moved by Throgmorton and seconded by Dickens the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ x Champion
x Dickens
x Dobyns
_ x Hayek
x Mims
g Payne
x Throgmorton
Pweng /res /acptwork- cdgdemo prof #3 - gf.doc
4/12
.SJ C9;
� r
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
ENGINEER'S REPORT www.icgov.org
April 9, 2012
City Council
City of Iowa City, Iowa
Re: CDG Demolitions Project - Contract #3
Dear City Council:
I hereby certify that the CDG Demolitions Project - Contract #3 has been
completed by D.W. Zinser Company of Walford, IA, in substantial accordance
with the plans and specifications prepared by the City of Iowa City.
The final contract price is $7,085.50.
I recommend that the above - referenced improvements be accepted by the City
of Iowa City.
Sincerely,
Ronald Knoche, P.E.
City Engineer
5d(9)
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12-16
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT CORNER OF
THE MEADOW, INC. D /B /A MOTLEY COW CAFE, 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, Three Guys Holdings LLP, as landlord, and Corner of the Meadow, Inc., d /b /a
Motley Cow Cafe, as tenant, applied for a renewal of a temporary use of the public right -of -way
agreement at 160 N. Linn St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon;
and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10 -3 -3, and
WHEREAS, such use of the public right -of -way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17th day of April , 2012.
MAYOR
ATTEST:
CIT CLERK Approved by: _
City Attorney's Office
Resolution No. 12 -167
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Ivl-}g
U4-1 I 17�
5d(10)
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12 -168
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER THREE GUYS HOLDINGS, LLP, AND TENANT THAI SPICE
INC. D /B /A THAI SPICE, 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, Three Guys Holdings, LLP, as landlord, and Thai Spice Inc., d /b /a Thai Spice, as
tenant, applied for a renewal of a temporary use of the public right -of -way agreement at 213
Iowa Ave., Iowa City, Iowa for a sidewalk cafe 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 City Code 10 -3 -3; and
WHEREAS, such use of the public right -of -way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17th day of April 12012.
&S�
MAYOR
ATTEST:
Cg,
,LERK Approved by:
City Attorney's Office
Resolution No. 12 -168
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
_x Dobyns
_ x Hayek
x_ Mims
X Payne
x Throgmorton
Ivtkg
5d01)
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12 -169
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER WILLIAM & JOAN GILPIN REV. TRUST, AND TENANT 2-
TONE, INC. D /B /A BLUE BIRD DINER, 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, William & Joan Gilpin Rev. Trust, as landlord, and 2 -Tone, Inc., d /b /a Blue Bird
Diner, as tenant, applied for a renewal of a temporary use of the public right -of -way agreement
at 330 Market 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 City Code 10 -3 -3; and
WHEREAS, such use of the public right -of -way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17t day of April , 2012.
(/� MAYOR
ATTEST: _���L�J
CIT LERK Appr�° ed by-
City
City Attorney's Office
A - (a
Resolution No. 12 -169
Page 2
It was moved by ThroRmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
�- Dobyns
x Hayek
x Mixes
x Payne
_ x Throgxnorton
141
ter
5d(12)
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12 -1
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT -OF -WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D /B /A PITA PIT,
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, DLSIC LC, as landlord, and Morrowco LLC, d /b /a Pita Pit, as tenant, applied for a
renewal of a temporary use of the public right -of -way agreement at 113 Iowa Ave., Iowa City,
Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; and
WHEREAS, such use of the public right -of -way is compatible with the public use thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign the
2012 renewal of License Agreement for Temporary Use of Public Right -of -Way, copy of
which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17th day of April , 2012.
/ MAYOR
ATTEST: /
CIT LERK Appr ved b
3 -3�. ►�
City Attorney's Office
Resolution No. 12 -170
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
Mims
�- Payne
x Throgmorton
Mfg
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5044
RESOLUTION NO. 12 -171
RESOLUTION SETTING A PUBLIC HEARING ON MAY 1, 2012 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR
REMODELING PROJECT 2012, DIRECTING CITY CLERK TO PUBLISH
NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
WHEREAS, funds for this project are available in the Fire Station No. 1 Kitchen Remodel
and Admin Office Upgrade account #4427; Police Crime Lab account #4418; Police
Station Master Remodeling account #4429 and Police Breakroom /Restroom Remodeling
account #4430.
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 1st day of May,
2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, 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 17th day of April 20_-2 ---•
ATTEST:
CI ERK
pwengkes /fire - policeremodel - setph.doc
8/11
! �"!,
61
Approved bby�
City Attorney's Office y
5e (a)
Resolution No. 12 -171
Page 2
It was moved by Throgmorton and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
--x
x
x
x
x
X
x
Dickens the
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
���.,. ---r.® CITY OF IOWA CITY
..11l��N
wo- =�2=
MEMORANDUM
DATE: April 11, 2012
TO: Tom Markus, City Manager
FROM: Sam Hargadine, Police Chief
Andy Rocca, Fire Chief
RE: Fire and Police Department Interior Remodeling Projects 2012
May 1 st Hold Public Hearing /Advertise
June 6th Award Project
Introduction:
This project consists of small individual renovation projects in the Police and Fire Departments.
In the Police Department the projects include updating the break room, the station master area,
the single stall restrooms and a lower level crime lab. The renovations in the Fire Department
will be modernizing the Fire Station No. 1 kitchen and an office in the administration area.
History /Back round:
The small projects were developed separately and approved under the current budget. There are
cost savings and economies of scale to bidding the multiple small projects under a single larger
contract, as the work in both Departments' renovations had similar materials and construction
needs, such as replacement of cabinets, countertops, flooring, acoustical ceiling tile and lighting.
The projects will also involve the reworking of mechanical, plumbing, electrical systems. Further,
bidding the multiple projects under a single contract will create overall efficiencies in staff time.
Discussion of Solutions:
The Fire and Police Department Interior Remodeling Projects 2012 as approved will update
systems and spaces in the Departments to meet the current operations.
Financial Impact:
The preliminary construction estimate is $ 278,900.00, the fund numbers for these projects are:
Police Department:
1. Break room 4430 - 421700
2. Single use restrooms 4430- 421700
3. Police Station Master 4429 - 421700
4. Police Crime lab 4428 - 421700
Fire Department:
1. Fire Department No. 1 kitchen 4427 - 422800
2. Fire Administration Office 4427 - 422800
Recommendation:
Staff recommends proceeding with holding public hearing and approving plans and specifications
on May 1, 2012 for the Fire and Police Department Interior Remodeling Projects 2012.
cc: Kumi Morris, Engineering Division
Roger Jensen, Fire Department
Rick Wyss, Police Department
Rick Fosse, Public Works
Jim Steffen, Police Department
5e(3)
Prepared by: Eric Goers, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -172
RESOLUTION SETTING A PUBLIC HEARING FOR MAY 1, 2012 TO APPROVE
A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
ROBERT AND DORIS SWARTZENDRUBER FOR AUDITOR'S PARCEL
2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED
IMMEDIATELY TO THE SOUTH OF THEIR HOME, ADJACENT TO THE IOWA
CITY LANDFILL, AND TO CONSIDER A PROPOSAL TO CONVEY SAID
PROPERTY.
WHEREAS, the City purchased a large tract of land from the Hebl family, of which Doris Swartzendruber
is a member, for purposes of expansion of the Iowa City landfill; and
WHEREAS, the land purchased included the septic field for the Swartzendruber family; and
WHEREAS, neither the City nor the Swartzendrubers wish for the City to own or control the
Swartzendruber septic field; and
WHEREAS, the City's landfill operations will not be harmed by the loss of this acre of land adjacent to the
Swartzendruber home; and
WHEREAS, City has negotiated a purchase agreement with the Swartzendrubers for the purchase of this
parcel for the same per acre land price that the City paid the Hebl estate, that being $6,660.14 per acre;
and
WHEREAS, Council should hold a public hearing on the proposed conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The City Council does hereby declare its intent to approve the purchase agreement
between the City of Iowa City and Robert and Doris Swartzendruber for the above -
referenced property and to convey said property in accordance with said agreement.
2. A public hearing on said proposed agreement should be and is hereby set for May 1, 2012
at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA
or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted
by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be
published as provided by law.
Passed and approved this 17th day of Anril 12012.
e
MAYOR
Approved by
ATTEST: 7 ( °�
CITY ERK City Attorney's Office
Resolution No. t -t 79
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x TThrogmorton
�ii�■
Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
319 - 356 -5230
RESOLUTION NO. 12 -173
RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE
OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED
ALLEY NORTH OF LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION,
IOWA CITY, IOWA., AND SETTING A PUBLIC HEARING ON SAID
PROPOSED CONVEYANCE FOR MAY 1, 2012.
WHEREAS, Parish Apartments, L.L.C., owner of 108 McLean Street, located
on Lots 10 and 11, Manville Heights Addition, is in the process of making
improvements to the parking area located on this property; and
WHEREAS, Owner desire to obtain a concrete flume drainage easement from
the City over a portion of the vacated alley to the north of this property in exchange
for the payment of $562; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to consider the conveyance of a
concrete flume drainage easement over a portion of the vacated alley north of
Lots 10 and 11, Manville Heights Addition, Iowa City Iowa, to Parish
Apartments, L.L.C. in consideration for $562.
2. A public hearing on said proposal should be and is hereby set for May 1, 1012,
at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City,
Iowa, or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk. The City Clerk is hereby directed to
cause Notice of Public Hearing to be published as provided by law.
Passed and approved this 17th day of April
2012.
MAYOR
Approved by
ATTEST: = �at'�L Ayz-11 w;l *k,
CITY LERK City Attorney's Office �11z��Z-
Resolution No. 12 -173
Page 2
It was moved by Throgmorton and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ASSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
May 9
Prepared by: Brad Neumann, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5235
RESOLUTION NO. 12 -174
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2013 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
We, hereby, authorize the 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 Department of
Transportation.
From the State Transit Assistance Program:
3.830703% (approximately $396,848) of Formula Funds
From federal operating assistance for transit:
$1,101,703;
From federal funds for transit in non - urbanized areas and /or for transit serving primarily
elderly persons and person with disabilities:
$88,838;
From state -wide federal capital assistance for transit:
$19,762,180;
From federal funds from the Job Access /Reverse Commute program:
$133,448;
From federal funds from the New Freedoms program:
$36,000.
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.
Resolution No. 12 -174
Page 2
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 17th day of April , 2C 12
MAYOR
Approved by
ATTEST:_
CI ERK City Attorney's Office
It was moved by Payne and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
x
X
x
x
x
X
x
jccogtp /res/sta- app- 1 2.doc
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
I
M k_
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -175
RESOLUTION ACCEPTING PAYMENT OF $1500.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM THE DEN
WHEREAS, on January 21, 2012, an employee of The Den, 215 E. Washington Street,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor and this was the second such violation by one of its
employees in a two -year period; and
WHEREAS, at the time of the violation, The Den was operating under a retail cigarette
permit issued by the City of Iowa City; 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
violating Iowa Code § 453A.2(1), after a hearing and proper notice, and the civil penalty
for a second violation within a two year period is, at the retailer's option, $1500 or a
thirty day permit suspension; and
WHEREAS, The Den has 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 $1500.00 civil penalty to the City Clerk of the City of Iowa City;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council-should accept-thewaiver of fight to-hearing and - - -
payment of $1500.00 civil penalty on behalf of The Den.
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: April 17, 2012
Mayor, City of Iowa Ci
ATTEST:
d , City of Iowa City
Resolution No. 12 -175
Page 2
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x_ Dickens
x Dobyns
_x_ Hayek
x Mims
x Payne
x Throgmorton
z
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -1
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF GHT TO HEARING FROM THE EN
WHEREAS, on Decemb 13, 2010, an employee of The en, 123 E. Washington Street,
Iowa City, violated Iowa ode § 453A.2(1) by selling o roviding tobacco, tobacco
products or cigarettes to a inor; and
WHEREAS, at the time of tlk violation, The Den as operating under a retail cigarette
permit issued by the City of I wa City; and
WHEREAS, pursuant to Iowa ode § 453A. (2), an establishment which holds a retail
cigarette permit is subject to a c it penalty f $300.00 as a result of its employee
violating Iowa Code § 453A.2(IN after a aring and proper notice; and
WHEREAS, The Den has waived s r' 'ht to the hearing required by Iowa Code §
453A.22(2) and accepted respow" ' y for its employee's violation of Iowa Code §
453A.2(1), by paying a $300.00 civ enalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation und�'rlying th \acce e civil penalty is the first such violation
within a two -year period. ,f
a
s
s
NOW, THEREFORE, BE/IT RESOLV THE CITY OF IOWA CITY CITY
COUNCIL that the City ouncil should t the waiv er of right to hearing and
payment of $300.00 civil penalty on behalf ofyhe Den.
BE IT FURTHER RESOLVED, that the City Cl k
Resolution to the Johnson County Attorney's Offi e
the same to the retail cigarette permit holder via re
place of business/as it appears on the application for
PASSED AND APPROVED: April 17, 2012
��i eLkl_
Mayor, City of Iowa City
will forward a copy of this
which will then provide a copy of
lar mail sent to the permit holder's
retail cigarette permit.
ATTEST: /� �� �2 e, 2 ��
City Clerk, City of Iowa City
4L I
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESS G $300.00 CIVIL PENALTY AGAINST }THE DEN
WHEREAS, on December 13, 201 an employee of The Den, 123 E. Washi gton Street, Iowa
City, violated Iowa Code § 453A.2( by selling or providing tobacco to a m or; and
WHEREAS, at the time of this violati n The Den was operating under a jail cigarette permit
issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 45 A.22(2), an establishment vAich holds a retail cigarette
permit shall be subjected to a civil penal of $300.00 as a result of i employee violating Iowa
Code § 453A.2(1), after a hearing and prop r notice; and
WHEREAS, a hearing was held on this date \aring City Counc to determine whether to assess
the civil penalty against The Den and at said the City ouncil heard the facts of the
violation and the arguments of the permittee, ; and
WHEREAS, this violation is the first such vi of atl, mployee of The Den within a two year
period to be considered by the City Council owa,,Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY TH
that the City Council, after notice and hearing, and
imposes a civil penalty in the amount of $300.00 �
BE IT FURTHER RESOLVED, that said retaiJ'cigare e
date of this Resolution to pay the civil penalty in full, a
the retail cigarette permit held by the permittee shall aut
fourteen (14) days, in addition to the $300;00 civil penal
BE IT FURTHER RESOLVED, that the City Clerk will
Johnson County Attorney's Office, which will then provi
cigarette permit holder via regular mail sent to the permit
on the application for a retail cigarette permit.
PASSED AND APPROVED:
Mayor, City of Iowa City
Y OF IOWA CITY CITY COUNCIL
ant to Iowa Code § 453A.22(2) hereby
The Den.
permittee has twenty (20) days from the
d if the civil penalty is not timely paid
matically be suspended for a period of
ATTEST:
,yard a copy of this Resolution to the
a copy of the same to the retail
elder's place of business as it appears
City Clerk, City of Iowa City
- -as1r42
9
AU -!�- iij
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12-176
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM FAREWAY 950
WHEREAS, on January 21, 2012, an employee of Fareway 950, 2530 Westwinds Drive,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco, tobacco
products or cigarettes to a minor; and
WHEREAS, at the time of the violation, Fareway 950 was operating under a retail
cigarette permit issued by the City of Iowa City; 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
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, Fareway 950 has 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
within a two -year period.
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 Fareway 950.
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:
Mayor, City of Iowa City
ATTEST: Ak�W_0)
City Clerk, City of Iowa City
Resolution No. 12 -176
Page 2
It was moved by Mims and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.(eeof NIL PENALTY AGAI S AREWAY 950
WHEREAS, on January 18, 2012, an emplo Fareway 950, 2530 We inds Drive, Iowa
City, violated Iowa Code § 453A.2(1) by seor providing tobacco to minor; and
WHEREAS, at the time of this violation Fare3 ay 950 was operating der a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22O, an establishm t which holds a retail cigarette
permit shall be subjected to a civil penalty of $30.00 as a resul of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper noti e; and
WHEREAS, a hearing was held on this date by the City Co ncil to determine whether to assess
the civil penalty against Fareway 950 and at said he ing e City Council heard the facts of the
violation and the arguments of the permittee, if any; nd�
WHEREAS, this violation is the first such violation an employee of Fareway 950 within a two
year period to be considered by the City Council u4ek Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY ZE C Y OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, fd purs ant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300..0 against areway 950.
BE IT FURTHER RESOLVED, that said rail cigarette ermittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and f the civil penalty is not timely paid
the retail cigarette permit held by the pepnittee shall auto tically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE IT FURTHER RESOLVED, that the City Clerk will fo and 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 hol is place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED:
Mayor, City of Iowa City
ATTEST:
City Clerk,`City of Iowa City
�04- A
10
wmnwmm��
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12-177
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM LIQUOR DOWNTOWN
WHEREAS, on January 21, 2012, an employee of Liquor Downtown, 315 S. Gilbert
Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco,
tobacco products or cigarettes to a minor; and
WHEREAS, at the time of the violation, Liquor Downtown was operating under a retail
cigarette permit issued by the City of Iowa City; 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
violating Iowa Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, Liquor Downtown has 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
within a two -year period.
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 Liquor Downtown.
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: April 17, 2012
Mayor, City of Iowa City
ATTEST: A2�e - 7's - ;,
City Clerk, City of Iowa City
Resolution No. 12-177
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
-x_
x
X
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO.
RESOLUTION ASSESSING $300.90 CIVIL PENALTY AGAIN7 LIQUOR
DOWNTOWN j
WHEREAS, on January 21, 2012, an emplo a of Liquor Downtown, 3A5 S. Gilbert Street, Iowa
City, violated Iowa Code § 453A.2(1) by selli g or providing tobacco o a minor; and
WHEREAS, at the time of this violation Liquor owntown was op ating under a retail cigarette
permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code § 453A.22(2), n establis ent which holds a retail cigarette
permit shall be subjected to a civil penalty of $300.0 as a re It of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; �d
WHEREAS, a hearing was held on this date by the Ci ouncil to determine whether to assess
the civil penalty against Liquor Downtown and at said ring the City Council heard the facts of
the violation and the arguments of the permittee, if an ; a d
WHEREAS, this violation is the first such violatio of an a ployee of Liquor Downtown within
a two year period to be considered by the City Co 'incil and Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY SHE CITY O IOWA CITY CITY COUNCIL
that the City Council, after notice and hearin and pursuant t Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $3 f .00 against Liquo Downtown.
BE IT FURTHER RESOLVED, that said/retail cigarette permitt a has twenty (20) days from the
date of this Resolution to pay the civil p#alty in full, and if the c vil penalty is not timely paid
the retail cigarette permit held by the p6rmittee shall automaticall be suspended for a period of
fourteen (14) days, in addition to the %300.00 civil penalty.
BE IT FURTHER RESOLVED, tl} t the City Clerk will forward a c y of this Resolution to the
Johnson County Attorney's Officpy, which will then provide a copy o the same to the retail
cigarette permit holder via reguVr mail sent to the permit holder's pla a of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPRO
Mayor, City of Iowa
ATTEST:
City Clerk, City of IoAa City
11
CERTIFICATE
Lcxiema Rerkley Clerk of the District
t of the State of Iowa, in andforJohnson
runty, do hereby certify that this is a true and
:'omalete copy of the Original Instruments)
ii!nd in this
office consisting of
IN TESTIMONY WHEREOF, i have p �eunRo
set my hand and affixed the Seal of said Court
at mypffice in lows City, k>\nta this �_.a
of "
019'
❑TCM/ ----------- '— COM�'LAINT— --------- - - - --j
ttRES ❑ NON -RES
❑ OC-C &R
loll
A UNIFORM CiTA'i ION ;1ND COMPLAINT ❑ HIS ❑ NON -HIS
,.\ IOWA CITY POLICE DEPART ENT ARMED ❑ YES ❑ NO
PLAINTIFF: INC # 1 �� io
0(Statc of tow.
❑ County of: JOHNSON No.: tc N20 226453
❑ City of: IOWA CITY
In the Court at 4
vs.
NAME:
t, Last
Clly �
SS /DL # #_ l- ) 4/ 0 -314- 09
r4o
Slatc4_Zip522_
StitczrG— Co. ##
DL Cl 1 End L ltcst. DL / alc IU V \ic)vlejV? YcsO NoV
D acc Cthn.O _Scx iit.s�wt.
vnsniniu u /N /u
The undersigned states that on or about ) / �) / 1A at / ❑ AM PM
defendant did unlawfully: Mo. Day Yr.
Oper,TM'Motor Vehicle /Boat (describe)
CDL Rcq? Yes❑ Nlo❑ Pass End. Rcq? Yes No IlazAdat I:nd Rcq. Ycs❑ No❑
Reg. # State Y�car
Upon a public highway at 1r) r ti» n t i 3* ) 1� Cv c� --
Located in the county and state aforesaid and did thcl Ind there commit the following offense:
^ I ❑Traffic ❑ Navigation ❑ Snowmobile /ATV ❑I'ish -Game ❑Parks []Tobacco
r r�
AScheduted Vio/Fine $ ! `� ` d "traction Zone
Surcharge S -seed Violation
( etttrt Waranc ulred (805.10)
Do Court Costs $ & G1opso
D. (SFMOrAccidenl
Not Total Fine /Costs / / c t J.10vil Damage As c�stsmcnt
v
violtttion y u �4 t; l?J
write Speed In Zone -Sec # IA Codc
Cif
DATA CODC Pcd /Adnt. Codc Local Ord.
111 y�
1 ccrlify under penalty of perjury and pursuant to IIIPa ms of the Slate of Iowa that the
preceding is true anti correct.
This \ ��
hlo. Day Yr. Cy" OI'Iiccr's ' gnaulre I K No.
Space
Court Date: Il'you must appear in court or il'you choose to appear to answer a charge
which (foes not require :uI appe u•ance, report to if above named court on:
C .- a) / I a at �f � s v eANI ❑ PM
Mo. Day Yr.
NOTICE: Providing false information is a violation ol'Scction 719.3 of the Codc of
Towa and is punishable as an aggravated misdemeanor.
My siggnature below is not a plea of guilty, but acknowledges all of the following:
I. l hereby swear and affirm lhal 'Ile information provided by me on this citation is 1RIe under penally
of providing false information.
2. 1 promise to appear in said court at said tine and place, or I will comply with the provision on the
lop of the rcvcrsc side of the citation.
The following applies to simple misdemeanors only: l j�
3. 1 hereby give Illy unsecured appearance bond in the amount of % dollars and enter my wriUCn
appearance. I agree that if I flit to appear in person or by counsel to defend againsl the offense charged
in this citation, the cow•I is authorized to caler a conviction and render judgment against me for the
amo 6fii oppc n'ancc bplld 111 5:11151aetlmt 01 111e pCllahy mill SIIfChal'ge 111US COLII'I COSTS.
Signalurc oCUclindam
ABSTRAX"J" ()17,,()1JRTRI-(10RD
COURT NO.
DOCKS v0.
i,ACFNSI..,'. NO.
F'ORIFT-ITBOND D
JURY TRIAL 0
NO J LJ R Y TR IIA 1,
PROC
OTI IF -"R DISPOSITION -
CASE tic ?. .... . .................. ................
CASE NNO. .......... . ............ . . ..............
STATE C, IOWA
El OTHER
BAIL CA.SIT DE'POSI•
P. 1.,E A
EJ UJILTY
- (J UI LTY
j NO1
I'lle Co€jkd -der'flii D',
I:ojI,)wing 01 ilc
VE-RDI•1,
0 GUILVY
0 NOTGUILI Y
0 DISvIISSE,D
INFD $ COSTS$
.. . ... . ............ . ... . . . . . ....... ............................... . . .. . ....... .
. ........ . . . . . . .... . ............. D(l s;
School Sllsp Days
Li:, Ilse
f
N�.
.... ......... ........ . . .........
I ............ . . ......... . ....
`01Z N TA•ION IS] RUT ANL) CORRE."C11'.
AUN�,%�
un
By_/'
(JRSUBSCRIBLD AND VORN I'(.) B1,11-ORL., MI. JAP . . .. . . . ....... AT
S k.
............... ................... it "WA I'll DAY OF
.......................... I .............................
..... ..................... . .......... . . ... . . . ....... ..... . .. . ............. . . .... ... ... ......... . . . ..... . .. . . . ............. . ... . .. I .............. . ........
Sipaturv, per>on gk ing but! signaiuve, persoll uAkIng"ail
f,
0 1141- OURT: 1 he r(jj1(,vjrj,,�, �il-c vvitnessesw1io can Igivetestirnolity, Idatin t
the 4"w".s of tfik allcocd viollitioll. Plc�,:csljbrocija prosccutirig witness:
Narne
. . ........ . ...... .... . ... . ............... . .... . .... . . . .. .. ..... . .. ..... ......... ............... ....... . .. . . . . .. . . . .. ..................... .... . . - - — ------------ - --- ------ . ....... ....... ........
4 . . .. . ............... ..... ..... . ........................... .. . . . . ... ... .... ... . . .............. . . .... . .......... . ...... . ... .. ........... .......... . . .. .............. . - - — ------- --- ---------- - - . ........ .....
3 . .. . ...... . .......... . ....... . .... . . ........ . .... .............. .... . ......... .............. .... . . . . .. ........ . ....
. ................ ... .... ............ . -------- - - - . . .. . ........... ... ............... . ............. . .. . ............. . .......... ....... ............ ...... ..
< ........................................... . ........ . ... __ ............... . . . . . ....................... . .. . .. . ............. . ... . I—_ . . .................... . I . .... . .. . . ........ . . .................... .
... ... ..... 11 ................. . . ..................
I !FtCATE
R i�Y_ Clerk of the District
Iowa, in and `1x Johnson
re;_•�
certify that this is a true and
opy of the Original Instruments)
t oosisting of pages.
IN TFSIIMONY WHEREOF, I have hereUMo
set try hand and affixed the Seal of said Court
at my of " in Iowa City, Iowa this 8Y
of _
LODEM BERKLEY
A Clerk of District COu
---- - - - - -" - " —Ct� ^nLA1NT ---------- - - - - -�
0 T -C/W t'RES ❑ NON -RES
❑ 0 &R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS -;�-fJOWHIS
IOWA CITY POLICE DEPARTMENT ARMED ❑ YESffl'NO
W(a I TIFF: INC #,J7_
ln of Iowa is N° 226452
❑County of: JOHNSON No.:
❑ City of: IOWA CITY
In the Court at
417S. CLINTON STREET, JOHNSON COUN "COURTHOUSE
vs.
NAME: �'� vC.JrJ�iyTE Jff�iQO,�J/rEL�
Address
City _
SS /DLL/
DL Class DLL••ntl -- DLRcst7TTDL /StateIDVic�p(WYc� -No❑
DOB �� 119 Race Ethn.�ScX_AFIt._'4A?o� wt.Z�
wi niniu Ilikiu
The undersigned states that on or about % /7/ //2 C )at 60 ❑ AM N PM
dcfcndant slid unlawfully: X10. Day Yl(
Operate Motor Vehicle/Boat (describe)
CDL Rcq'! Ycs ❑ No❑ Pass lin(I. Rcq? Ycs ❑ NoCh r-)' I lA_ t EIId Rc Ycs ❑ No ❑
Reg. # Slate G y " r
Upon a public highway at VIA
Located in the county and state aforesaid and dicTthen and ili'c e411nit the 1Ilotvipgoffense:
❑Traflic ❑ Navigaliou ❑ Snowmobile /ATV dt sli -,Gan% 11Pa1ksF.j1Tobacco
[]Scheduled Vio/Fiue $ _ ❑ 8 Construction Zone
6w- El T iWSchej;*d Violation
Surcharge $ 3 5-
� ❑ 0ouj Appearance Required (805. 10)
Reason:
Do Court Costs S ❑ P.I. ❑ P.D. (S 1000) Accident
❑ Fatal Accident
Not Total F ine/ Costs $ ❑Civil Damage Assessment
Violation /V, "/_Jwoe
Write Spccd In Lone -Sec. # �'__ 7 _ IA Code
DATA CODE Fed /Aden. Code Local Ord.
I certify under penalty of perjury ant nt lean to the laws I'd Slate of Iowa tint the
preceding is truc and correct.
This 6
Dated /�l /Z
Nlo. Day Yr• IF i1b, liccr's rgnsture 11D No.
Space
Court Date: Ifyou must appear in court or il'you choose to appear to answer a charge
which does not re uirc an appearance, report to the above named court ot�ri:
lq l l Z at 42� �^1\ 1 ❑ PM
N10. Dav Yr.
NOTICE: Providing false information is a violation ol'Seclion 719.3 of the Code of
fowa and is punishable as an aggravated misdeneanor.
My signature below is not a plea of guilty, but acknowledges all of the following:
I. 1 frcreby swear and anirm teal the information provided by me on this cilation is true under penally
ol'providing false information.
2. 1 promise to appear in said court at said little and place, or 1 will comply with the provision on the
lop of the reverse side of the cilation.
The lollowiug applies to simple misdemeanors only:
3. 1 hereby give Illy unsccurcd appearance bond in the amotrrit of 117--
- dolbus and enter my written
appearance. I agree that il' I rail to appear in person or by counsel to defend nIpinsl the oflnlse charged
in this citation, the court is mallorized to enter it conviction and rcndcr judgment against me for the
amount of my appearance bond in satisfaction ol'thc penally and surcharge plus collll Costs.
" ✓1'i
r-
C'OL R11, NO.
D0f,.X .i' NO.
I.,ICFNSt.', NO.
CASEN O . ................ ... ..._ ....... _ ......... _.
CASE NO. ..... ..... _ .... _ ......... _ .......
_........
STATE L' IOWA
0 OTI:1I:It.
1=O FI 1 I' BOND 1 BAIL (.,ASII DEPOSIT
3t RY' TECIr1I: ;A
J C�E.iIE.�T °Y'
N(.) 11_ [2Y '
1I�1 zl... J NOT CiUILT'Y
or RROCE EDf:NC.T 0
OTHER DISIPOS12TION
VII:ftl:)IC T.
G CrIIT;T'Y.
U NOT GUILTY.
0 D[SMI:551 T)
; ;
The C( +r. €ri "f'neresi >re F wei—s In Follo-wing Ord :r •This Dale
D,1,
FINED S - St RCTIARG[`.*. 5._— _ COSTS-$-
' thi: Eirit; r' ft. lri) i11' ............ _...___................._._ ...... _. ....... —___.......-_...._.__....._.___.. _. ........ _. .... _.............. U Fill' ............ ........ _............... _ ... .... ...........
.
Tone. School Salt; Dwv.s Revo
_Z(:elrri'tTl_: sdxtlr >rl J _ CI J ❑ CI
Xt-ARR iN ISS Est:?
T1: 1 . MONY {1. D(sF=.`i NO'1'I: S: i(Aher 01-dens
I ,( ti C 1 F ATION IS'i ctt E AND CORRECT'.
:`:titiNCY
ry6'
NAF1;
:- 'bi.-K Itftit_'I) AND SWORN TO LUT Oi;F�-* >11.: tit' .......__ AT
DAY
l
-- _ — .— ................................. _ ....... _.___.__ ............ ..... _ ............. - ........ __. .... _ ........ _.._ ............... _.._.....................
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OUR 1': 'Fhc folla.� ink ns, N..tlivsses who cai? 'give tcstirtiirn� rclatin- to
the f ict) (if this alloge I `° i,lrsti ()ki. I =Ica:s Slubpoc a nrosct :u1iri -wItrl Ss: `
Address Phcr!i:
. ....... . ..................................................._.._ ................... ...................... _ ........................ _.._ ................. _ —.._ ......._...._..._.........................__....._..._..........__._._... .._....._._....................
4r6
❑ T -C/�! W COMPLAINT - -RES ❑ NON -RES
11 L
OC ] S -C&R IOWA UNIFORM CITATION AND COMPLAINT ❑ HIS ErNON -HIS
IOWA CITY POLICE DEPARTM T ARMED ❑ YES ENO
PLAINTIFF: INC
State of Iowa
11 County of: JOHNSON No: SZ iC N2 210038
❑ City of: IOWA CITY ��
Inthe Court at 417 S. CLINTON STREET, JOHNSON COUNTY C URTHOUSE
VS.
NAME:
Address
City 1
SS /DL4
DL Cla s G' DL End
DOB %d I I/ Race
/B /I/
The undersigned states that on or about,
defendant did unlawfully:
Operate Motor Vehicle /Boat (describe)
_PL Rest. , —,� DL /St to ID VViiewe49, Ye�NoC
niu Ethn.H ) Sexz�Ht�?r,LWt.�
1!8 /l2 at�❑AM
Mo. Day Yr.
CDL Req? Yes ❑ Noll— Pass End. Req? Yes ❑ No IN'
Reg. #
Upon a public highway at
State
Located in the county and state aforesaid and did then and
Do
Not
Write
In
This
❑Traffic ❑ Navigation ❑ Snowmobile /ATV
❑Scheduled WIN= $_
HazMat End Req. Yes ❑ NQQ
Year
following offense:
❑Parks _n Tobacco
pO ❑{gg ohed" Vio)atiwt
Surcharge $ _ ❑ AppS'auoel(oquired(805.10)
Court Costs $ 8Iti) ❑ ZE. ($10 ?ccident
l9 �Fia al A�ent ��
Total Fine /Costs $ / / a (Lyil Damage Assessment
Violation C:'
Speed In Zone -Sec. # 3E!44_63,4_ IA Code
DATA CODE Fed /Adtn. Code Local rd. _
I certify under penalty of perjury an p •suant t the laws of the State of Iowa that the
preceding is true and correct. Z.
Dated �L � 37
Mo. Day Yr. Officer's Yknature ID No.
Court Date:lf you must appear in court or if you choose to appear to answer a charge
which does not requir �at ppearance, report to the above named court on:
at 09M KAAM ❑ PM
Mo. Day Yr.
NOTICE: Providing false information is a violation of Section 719.3 of thelCode of
Iowa and is punishable as an aggravated misdemeanor.
My signature below is not a plea of guilty, but acknowledges all of the following:
1. I hereby swear and affirm that the information provided by me on this citation is true under penalty
of providing false information.
2. 1 promise to appear in said court at said time and place, or I will comply with the provision on the
top of the reverse side of the citation.
The following applies to simple misdemeanors only:
3. 1 hereby give my unsecured appearance bond in the amount of dollars and enter my written
appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged
in this citation, the court is authorized to enter a conviction and render judgment against me for the
amount of my appearance bond in satisfaction of the penalty and surcharge plus cows costs.
ABSTRACT OP COURT RECORD
COURT N10.
CASE NO.
_ --
DOCK -E I' No- —_ --
CASE NO.
LICENSE ` O.
STATE
❑ 'OWA
❑ OTHER
FORFEIT BOND ❑
BAIL CASH DEPOSIT
.FURY TRIAL ❑
I'LE'A
VERDICT
❑ GUILTY
❑ GUILTY
NO JURY TRIAL
❑ NOT GUILTY
❑ NOT GUILTY
or PROCEEDING ❑
❑ DISMISSED
OTHER DISPOSITION
i'he Count Therelore Enters In I=oilom,me. Order This Date
St, Da -v Y r.
I=INED S; SURCHARGE COSTS S —
Incarceration in Days:
None Selzool. Susp Day's Rey ,o
C E R T I F I C A T E Drivers License
I, LAdema Berkley , Clerk of the District Recommendation ❑ 11 11 ❑ 11 Court of the State of Iowa, in and for Johnson
County, do hereby certify that this is a true and DATE:
C'ontintted to: REASON:
complete copy of the Original Instrument(s) DATE: = C<ontinued to: REASON:
filed in this DATE: 'l'4�AR1L�INTISSUED
office consisting of ( Pages. - - -- -- - -__ - -_
INTESIIMONY WHEREOF, I have hereunto TESTI \�IONY - JUDGES NOTES: (Other Orders)
set my hand and affixed the Seal ofd ai Court
at my ice in Iowa City, Iowa this
at ''}�` r�ca vt� –
LODEMA BERKLEY
�;C;ierkjot Djst ict Court SWEAR
B1HE ) i C "t "I'lON IS TRUE AND CORRECT'.
VERIFIED OR S,,BSCRIBED A \D SWORN TO BEFORE BY
DAY OF L
of '
Dat: Signature, person 1\i-W-1 haij Signatme.personlakitu bail
TO THE COURI: the follow-ing are witnesses vvho can live Lestimony relating to
the facts ofthis aLe ed violation. Please subpoena prosecuting witness:
Title \arnv Address Phone
&119
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -178
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST RED POPPY
WHEREAS, on January 21, 2012, an employee of Red Poppy, 341 E. College Street, Iowa City,
violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Red Poppy was operating under a retail cigarette permit
issued by the City of Iowa City; and
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 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Red Poppy and at said hearing the City Council heard the facts of the
violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Red Poppy within a two
year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Red Poppy.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
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: April 17, 2012
A-v N a
Mayor, City of Iowa ity
ATTEST: c2!
City Clerk, City of Iowa City
12
Resolution No. 12 -178
Page 2
It was moved by Mims and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
13
�w
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -179
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST RUSS'
NORTHSIDE
WHEREAS, on January 18, 2012, an employee of Russ' Northside, 305 N. Gilbert Street, Iowa
City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Russ' Northside was operating under a retail cigarette
permit issued by the City of Iowa City; and
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 as a result of its employee violating Iowa
Code § 453A.2(l), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Russ' Northside and at said hearing the City Council heard the facts of
the violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of Russ' Northside within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Russ' Northside.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
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: April 17. 2012
Mayor, City of Iowa CiilK
ATTEST: A
ity
k, City of Iowa City
Resolution No. 12 -179
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
11�g
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 12 -180
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST ZOMBIES
TOBACCO
WHEREAS, on January 21, 2012, an employee of Zombies Tobacco, 316 E. Burlington Street,
Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation Zombies Tobacco was operating under a retail cigarette
permit issued by the City of Iowa City; and
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 as a result of its employee violating Iowa
Code § 453A.2(1), after a hearing and proper notice; and
WHEREAS, a hearing was held on this date by the City Council to determine whether to assess
the civil penalty against Zombies Tobacco and at said hearing the City Council heard the facts of
the violation and the arguments of the permittee, if any; and
"64-1i7'l'
14
WHEREAS, this violation is the first such violation of an employee of Zombies Tobacco within a
two year period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL
that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby
imposes a civil penalty in the amount of $300.00 against Zombies Tobacco.
BE IT FURTHER RESOLVED, that said retail cigarette permittee has twenty (20) days from the
date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid
the retail cigarette permit held by the permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
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: April 17, 2012
Mayor, City of Iowa City
ATTEST:
City Cler , City of Iowa City
Resolution No. 12 -180
Page 2
It was moved by Dobyns and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
Dobyns
x Hayek
Mims
_ x Payne
x Throgmorton
Marian Karr
From: Matt Hayek
Sent: Tuesday, April 17, 2012 11:13 AM
To: Marian Karr
Subject: FW: High Rise South of the Blackhawk Park
From: Pam College Green [iowastay @gmail.com]
Sent: Monday, April 16, 2012 9:51 PM
To: james- throgmorton @uiowa.edu; rick- dobyns @icgov.org; Connie Champion; Matt Hayek; susan -mims @icgov.org;
michelle -payne @icgov.org; terry- dickens @icgov.org
Subject: High Rise South of the Blackhawk Park
Dear Council Members, April 16, 2012
Marc Moen has proposed an attractive building at 114 S. Dubuque to fulfill need for offices and
condos. However it will be limited by a small 40 x 80 ft lot. Mr. Moen owns larger lots that would seem
more suitable for a tall building and also generate more tax revenue.
I'm from Chicago and admire city architecture and skyline. The wide Michigan Ave. in Chicago runs
North South and allows the low in the sky winter Sun. Here and in a large city, people favor walking in
the Sun on a cold winter day. People are happier on a sunny day.
If you have ever put a home on the market, you know about staging and the importance of lighting to
showcase your home. The same goes for marketing and showcasing Iowa City, a UNESCO City of
Literature. UI Departments and Hospital recruit all year long.
The one story Wells Fargo building and alley has allowed Winter Sun on Black Hawk park. I was
surprised to see that Marc's shadow study for a 14 story building illustrates only April to August. It did
not include the 7 months when the Winter Sun is lowest in the sky. The longest shadows cast by the
proposed 14 story high rise on Black Hawk mini park are during the 9 month academic year when our
population is largest and most in need of winter Sun. Let's see a Winter shadow study before we
permanently change the lighting on our iconic Ped Mall.
The City sponsored a Downtown Visioning workshop in October 2011 and Sustainability workshop in
January 2012. Attendees supported the Parks and Rec Dept goals for open space and promoted the
value of the Commons for public enjoyment. Let's not negate what we already have.
Also at the Visioning workshop, Marc Moen expressed an interest in redeveloping all 1 and 2 story
buildings downtown. Fortunately, Mr. Moen already owns several, including the vacant 67 x 110 lot on
the NE corner of Clinton and Burlington. A tall building on the Northeast corner would shade the next
street of buildings north of it, not a public park during our eventful academic year. The prominent lot
on Burlington would be a more striking location near the new Arts campus.
Neighbors grieve the lost Red Avocado patio, B & B, and gardens to a 4 story apartment building.
How much more of a loss to the whole city when the Ped Mall Sun is eclipsed by a 14 story building.
Please consider the impact of a high rise at this Ped Mall Commons area.
Sincerely,
Pam Michaud 319 -530 -7445
109 S. Johnson St.
11� I
Prepared by: Eleanor Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO. 12 -181
RESOLUTION APPROVING REVISION TO THE PROPOSED EXTERIOR
DESIGN OF 114 S. DUBUQUE STREET IN ACCORDANCE WITH THE
AGREEMENT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY
AND CENTRAL PARK L.L.C.
WHEREAS, the City of Iowa City and Central Park, L.L.C. have an Agreement for Private
Redevelopment of 114 S. Dubuque Street; and
WHEREAS, pursuant to said Agreement exterior design is subject to approval of the
City's Design Review committee and any substantial deviation from the concept plan
attached as an exhibit to the Agreement is subject to Council Approval; and
WHEREAS, Central Park L.L.C. has proposed a design that cantilevers the building 4
feet over the Black Hawk mini -park and the Dubuque Street pedestrian mall starting at a
level of 17 feet as shown on the attachment hereto; and
WHEREAS, because the proposed cantilever will extend over City right -of -way,
construction will require vacation of the air rights and transfer of the same to Central
Park, L.L.0 for fair market value;
WHEREAS, the City Council approves of said proposed design.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1) The proposed exterior design of 114 S. Dubuque, as shown on the attachment
hereto, is hereby approved by the City Council.
2) Construction of said design will require and is contingent on the vacation of the air
rights in the public right -of -way and transfer of the same to Central Park L.L.C. for
fair market value.
Passed and approved this 17th day of April , 20 12
ATTEST: .
IT CLERK
4 d Ja 'OK
MAYOR
A ved y
City Attorney's Office
Resolution No.
Page 2
12 -181
It was moved by Mims and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
NAYS:
x
x
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
0417 -12
18
no
Prepared by: Eleanor Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-
5030
RESOLUTION NO.
RESOLUTION A PROVING REVISION TO THE PROPOSED EXTERIOR
DESIGN OF 114 DUBUQUE STREET IN ACCORDANCE WITH THE
AGREEMENT FOR RIVATE REDEVELOPMENT BETWEE THE CITY
AND CENTRAL PAR L.C.
WHEREAS, the City of Iowa Ci and Central Park, L.L.C. have; for Private
Redevelopment of 114 S. Dubuqu Street; and
WHEREAS, pursuant to said Agre ment exterior design subject to approval of the
City's Design Review committee an any substantial d ,oViation from the concept plan
attached as an exhibit to the Agreeme t is subject to C96ncil Approval; and
WHEREAS, Central Park L.L.C. has p t a esign that cantilevers the building 4
feet over the Black Hawk mini -park and e Dub �prque Street pedestrian mall starting at a
level of 18 feet as shown on the attachment her to; and
WHEREAS, because the proposed ca 'lever will extend over City right -of -way,
construction will require vacation of the it 'ghts and transfer of the same to Central
Park, L.L.0 for fair market value;
WHEREAS, the City Council appro s of said p posed design.
NOW, THEREFORE, BE IT SOLVED BY TF"E CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT: \
1) The proposed exte or design of 114 S. DulN
hereto, is hereby pproved by the City Council.
2) Construction of aid design will require and is
rights in the p0blic right -of -way and transfer of
fair market lue.
Passed and approved this
1
f
f}
ATTEST:
CITY CLERK
day of
u, w
ue, as shown on the attachment
ntingent on the vacation of the air
b same to Central Park L.L.C. for
olza
Approved by
Gc-( u N�
City Attorney's Office / %Z /� 2
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19
Iowa City, Iowa
April 17, 2012
The City Council of the City of Iowa City, Iowa, met on the above date in the Council Chambers,
City Hall, 410 E. Washington Street, Iowa City, IA 52240, at 7:00 p.m. in open regular session, pursuant
to law and the local rules of the Council.
The meeting was called to order by Mayor, MATTHEW J. HAYEK, presiding, and on roll call
the following Council members were present or absent as follows:
MATTHEW J. HAYEK
RICK DOBYNS
JIM THROGMORTON
MICHELLE PAYNE
TERRY DICKENS
CONNIE CHAMPION
SUSAN MIMS
PRESENT ABSENT
X
X
X
X
X
X
X
Matters were discussed relative to fmal authorization and issuance of the City's Midwestern
Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012 in an amount not to exceed
$5,376,250. Following a discussion of the Bond issue, Council Member Mims
introduced a resolution entitled:
RESOLUTION AUTHORIZING THE ISSUANCE OF $5,376,250 IN
AGGREGATE PRINCIPAL AMOUNT OF THE CITY OF IOWA
CITY, IOWA, MIDWESTERN DISASTER AREA REVENUE BONDS
(IOWA CANCER CURE PROJECT) SERIES 2012, WITH THE
PROCEEDS FROM THE SALE OF THE BONDS TO BE LOANED
TO IOWA CANCER CURE, L.L.C., AN IOWA LIMITED LIABILITY
COMPANY; THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID
BONDS; THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND IOWA CANCER CURE,
L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL
PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN
AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS;
AND RELATED MATTERS
hereto attached, and moved its adoption. Council Member Throgmorton seconded the motion
to adopt. After due consideration, the roll call was called and the resolution was adopted by the following
vote:
{01208234.DOC }
NAME AYE NAY DID NOT VOTE
MATTHEW J. HAYEK
RICK DOBYNS
JIM THROGMORTON
MICHELLE PAYNE
TERRY DICKENS
CONNIE CHAMPION
SUSAN MIMS
x
x
x
x
Thereafter, the Mayor declared the resolution adopted and approval was signed thereto.
Additional matters were taken before the City Council.
Upon motion and vote, the meeting was adjourned.
CITY OF IOWA CITY, IOWA
(Corporate Seal) A
MATTHEW J. HA K, ayor
ATTEST:
MAk4N K. KARR, City Clerk
{01208234.DOC 1
2
RESOLUTION NO. 12 -182
RESOLUTION AUTHORIZING THE ISSUANCE OF $5,376,250
MIDWESTERN DISASTER AREA REVENUE BONDS (IOWA
CANCER CURE PROJECT) SERIES 2012, WITH THE PROCEEDS
FROM THE SALE OF THE BONDS TO BE LOANED TO IOWA
CANCER CURE, L.L.C., AN IOWA LIMITED LIABILITY
COMPANY; THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT AND ASSIGNMENT TO SECURE SAID
BONDS; THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND IOWA CANCER CURE,
L.L.C.; THE ASSIGNMENT BY THE CITY TO THE ORIGINAL
PURCHASER OF THE RIGHTS AND INTEREST OF THE CITY IN
AND TO SAID LOAN AGREEMENT; THE SALE OF SAID BONDS;
AND RELATED MATTERS.
WHEREAS, the City of Iowa City, Iowa, (hereinafter "Issuer ") a political subdivision and
municipal corporation organized and existing under the Constitution and laws of the State of Iowa, is
authorized and empowered by Chapter 419 of the Code of Iowa, as amended, (hereinafter "Act') to issue
Midwestern Disaster Area revenue bonds and loan the proceeds from the sale of said bonds to one or
more parties to be used to defray all or a portion of the cost of acquiring, constructing and improving
land, buildings and improvements for a "project," as that term is defined in the Act specifically including
a project which is suitable for a purpose that is eligible for financing from Midwestern Disaster Area
bonds authorized under the federal Emergency Economic Stabilization Act of 2008, Pub. L. No. 110 -185,
together with any other financing necessary or desirable in connection with such purpose within the
boundaries of Issuer; and
WHEREAS, the Issuer has been requested by Iowa Cancer Cure, L.L.C., a limited liability
company organized under Chapter 489 of the laws of Iowa (hereinafter "Borrower "), to authorize and
issue its Midwestern Disaster Area Revenue Bonds (the "Bonds ") pursuant to the provisions of the Act
for the purpose of financing all or a portion of the cost of acquiring, constructing and improving an
approximate 24,000 square foot, two story medical office building for use as a radiation oncology clinic
and other medical uses located at 3010 Northgate Drive, Iowa City, Iowa, together with all incidental
items and paying the costs of issuance of the Bonds (hereinafter "Project') which Project will be owned
and operated by Borrower, and
WHEREAS, the Borrower has made the necessary arrangements for the acquisition by
construction or purchase of the Project within the boundaries of the Issuer; and
WHEREAS, it is necessary and advisable that provisions be made for the issuance of Midwestern
Disaster Area Revenue Bonds, Series 2012 (Iowa Cancer Cure Project), of the Issuer in an aggregate
principal amount not to exceed $5,376,250 (the "Bonds ") as authorized and permitted by the Act to
finance the cost of the Project to that amount; and
WHEREAS, the Issuer will loan the proceeds of the Bonds to the Borrower pursuant to the
provisions of the Loan Agreement dated as of April 1, 2012, (the "Loan Agreement') between the Issuer
and the Borrower the obligation of which will be sufficient to pay the principal of, redemption premium,
if any, and interest on the Bonds as and when the same shall be due and payable; and
{01208234.DOC }
WHEREAS, the Bonds will be sold pursuant to and secured as provided by a Bond Purchase
Agreement and Assignment to be dated as of April 1, 2012, (the "Bond Purchase Agreement ") by and
between the Issuer and Great Western Bank (the "Original Purchaser "); and
WHEREAS, the rights of the Issuer in and to the Loan Agreement, except certain reserved rights,
are assigned to the Original Purchaser under the Bond Purchase Agreement; and
WHEREAS, notice of intention to issue the Bonds has been published and the City Council has
conducted a public hearing pursuant to such published notice, all as required by the Act and Section
147(f) of the Internal Revenue Code of 1986, and has determined that it is necessary and advisable to
proceed with the financing of the Project; and
WHEREAS, Borrower received, on March 8, 2012, an allocation of Midwestern Disaster Area
Bonds from the Iowa Finance Authority and a determination that Borrower will use the Project and is
replacing a trade or business that suffered a loss as result of the flooding of 2008 included in Presidential
Declaration of Disaster No. 1763 dated May 27, 2008, as amended June 13, 2008.
WHEREAS, the Issuer will sell the Bonds to the Original Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows:
Section 1. Authorization of the Bonds. In order to finance the cost of the Project, the Bonds
shall be and the same are hereby authorized, determined and ordered to be issued in an aggregate
principal amount not to exceed $5,376,250. The Bonds shall initially be issued as a single fully registered
Bond, numbered R -1, and shall be dated as of the date of issuance and delivery thereof and shall be
executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear
interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and in
the Bond Purchase Agreement and Loan Agreement. The Bonds and the interest thereon do not and shall
never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer,
but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the
Loan Agreement and shall be secured by an assignment of the Loan Agreement and the revenues derived
therefrom. Forms of the Bond Purchase Agreement, the Bond and the Loan Agreement are before this
meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby
directed to keep them on file.
Section 2. Bond Purchase Agreement; Sale of the Bonds. In order to provide for the sale of
the Bonds to the Original Purchaser and the conditions with respect to the delivery thereof, the Mayor and
City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Bond
Purchase Agreement in substantially the form submitted to the City Council, which is hereby approved in
all respects. The sale of the Bonds to the Original Purchaser is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to deliver the Bonds to the Original Purchaser. The periodic
advancing by the Original Purchaser of funds on behalf of the Issuer from time to time at the office of the
Original Purchaser shall constitute payment in full for the Bonds pursuant to Section 5.03 of the Bond
Purchase Agreement. The Original Purchaser shall be authorized as the Issuer's depository and agent to
make such advances pursuant to the Bond Purchase Agreement to effect the making of the loan of the
proceeds of sale of the Bonds to the Borrower pursuant to Section 5.03 of the Bond Purchase Agreement.
Section 3. Repayment of Loan. The Loan Agreement requires the Borrower in each year to
pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest
101208234.DOC }
2
on the Bond when and as due and the payment of such amounts by the Borrower to the Original Purchaser
pursuant to the Loan Agreement is hereby authorized, approved and confirmed.
Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bonds to
acquire, construct and improve the Project and the payment by the Borrower of an amount sufficient to
pay the principal of and premium, if any, and interest on the Bonds, the Mayor and City Clerk shall
execute, and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form
submitted to the City Council, which is hereby approved all respects.
Section 5. Miscellaneous. The Mayor, Mayor Pro Tempore, City Clerk and any Deputy
City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents
and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution
and delivery of the Loan Agreement and the Bond Purchase Agreement, and to carry out the intent and
purposes of this resolution, including the preamble hereto.
Section 6. Severability. The provisions of this resolution are hereby declared to be
separable and if any section, phrase or provisions shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of the sections, phrases and provisions.
Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8. Effective Date. This resolution shall become effective immediately upon
adoption.
Passed and approved this 17th day of April, 2012.
CITY OF IOWA CITY, IOWA
(Corporate Seal) n
MATTHEW J. fTAYM, Mayor
Attest:
MA N K. KARR, City Clerk
{01208234.DOC }
3
CITY CLERK'S CERTIFICATE
I, MARIAN K. KARR, do hereby certify that I am the duly appointed, qualified and acting City
Clerk of the CITY OF IOWA CITY, State of Iowa; that as such I have in my possession, or have access
to, the complete corporate records of said City and of its City Council and officers; that I have carefully
compared the transcript hereto attached with the aforesaid corporate records; and that said transcript
hereto attached is a true, correct and complete copy of all the corporate records showing the action taken
by the City Council of said City at a meeting open to the public on April 17, 2012, for the purpose of
considering a Resolution authorizing the issuance of not to exceed $5,376,250 aggregate principal amount
of Midwestern Disaster Area Revenue Bonds (Iowa Cancer Cure Project) Series 2012, of the City of Iowa
City, Iowa; the execution and delivery of a Bond Purchase Agreement and Assignment, the execution and
delivery of a Loan Agreement between the City and Iowa Cancer Cure, L.L.C., the assignment by the
City of the rights and interest of the City in and to said Loan Agreement, the sale of said Bonds, and
related matters; that said proceedings remain in full force and effect and have not been amended or
rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members
of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the City Council and posted on a bulletin board or other prominent
place easily accessible to the public and clearly designated for that purpose at the principal office of the
Council pursuant to the local rules of the Council and the provisions of Chapter 21, Iowa Code, and upon
reasonable advance notice to the public and media at least twenty -four hours prior to the commencement
of the meeting as required by said law.
Witness my hand and the Corporate Seal of said City hereto affixed this l9 jday of April,
2012.
(Corporate Seal)
MARIA K. KARR, City Clerk
(01208234.DOC )
Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 12 -183
RESOLUTION APPROVING THE PURCHASE OF 2229 MUSCATINE AVENUE,
(FORMER KERR MCGEE SERVICE STATION), A.199 ACRE PARCEL OF
PROPERTY ON THE CORNER OF MUSCATINE AND FIRST AVENUE FOR
NEIGHBORHOOD IMPROVEMENT WITHIN THE AREA
WHEREAS, this property is located on the corner Muscatine and First Avenue, the intersection of
two commercially zoned arterial streets, and has been a vacant lot since the early 1990's; and
WHEREAS, the City has been attempting to acquire this property since the late 1990's in an effort
to improve neighborhood aesthetics and /or redevelop same; and
WHEREAS, after resolution of bankruptcy proceedings by previous corporate owners, the
beneficiaries of the bankruptcy Trust have approved the City's offer of $93,370 (the 2011
assessed value of the lot) to purchase the property; and
WHEREAS, the purchase is subject to the City taking title to the property on an "as is" and "with
all faults" basis, with deed restrictions and covenants that acknowledge same and preclude the
City from litigating against prior owners for environmental issues; and
WHEREAS, given the covenants and City obligations contained in the proposed deed, City
Council approval is required for valid execution; and
WHEREAS, the funds for the acquisition. will come out of the 20118 Taxable Obligation
Construction Funds, Account number 4915 - 458000 - 471010.
WHEREAS, the City Council finds the acquisition of said property is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Deed attached hereto as Exhibit "A" is hereby approved, and upon the direction of the
City Attorney, the Mayor is hereby authorized to sign, and the City Clerk to attest, the Deed
necessary for the acquisition of the property. At the direction of the City Attorney, the City Clerk is
also authorized to certify a copy of this Resolution along with the executed Deed for recording at
the City's cost.
2. Upon the direction of the City Attorney, the City Manager is authorized to execute all
documents necessary to finalize the purchase of the subject property according to the terms of
the Deed.
Passed and approved this 17th day of
ATTEST:
CITY RK
April . 2012.
,t—
MAYOR
Ap raved
r
City Ae ' for fice .
Resolution No. 12 -183
Page 2
It was moved by Mims and seconded by Dobvns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
_x Mims
x Payne
�_ Throgmorton
. - A..
V I:.
QUIT CLAIM DEED
THIS DEED (this "Deed') is made and entered into as of this _ day of , 201_
(the "Effective Date "), by and between Greenfield Environmental Multistate Trust LLC, not
individually but solely in its representative capacity as Trustee of the Multistate Environmental
Response Trust ( "Grantor "), with a principal address of 44 Shattuck Road, Watertown, MA and
a ( "Grantee "), with a
principal address of _ ,
Grantor for and in consideration of the sum of DOLLARS
($ ) paid by Grantee, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, does by these presents, REMISE, RELEASE
AND FOREVER QUIT -CLAIM unto Grantee, Grantor's right, title and interest, if any, in and to
the following described real estate, together with the improvements thereon, if any, situated in
the County of and State of , to wit:
See Exhibit A attached hereto and incorporated herein by this reference (the "Property").
SUBJECT, HOWEVER, in all instances to the terms and conditions of this Deed and to
any and all covenants, conditions, restrictions, easements, encumbrances and other matters of
record or fact, any state of facts or exception which an accurate survey or inspection of the
Property would show, any present and future laws, including zoning regulations, special
assessments now or hereafter becoming a lien, and general real estate taxes for the year first
written above and all prior and subsequent years.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the
same, belonging unto the Grantee, and to its successors and assigns forever.
The foregoing conveyance is made further subject to the following terms and conditions,
each of which have been agreed to by Grantee:
1. Conveyance of Property_. Grantee expressly acknowledges and agrees that, except
as may be expressly stated in paragraph 4(b) hereafter, no representations, warranties, covenants,
guaranties or promises of any kind, 'express or implied, have been made by Grantor or Grantor's
agents or representatives to Grantee or to the agents or representatives of Grantee with respect to
the Property, and that any statements whatsoever made by Grantor or Grantor's agents or
representatives to Grantee or to Grantee's agents or representatives are not material and have not
been relied upon by Grantee in any way whatsoever. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, GRANTEE EXPRESSLY ACKNOWLEDGES
AND AGREES THAT IT ACCEPTS THE PROPERTY "AS IS," "WHERE IS" AND
"WITH ALL FAULTS." Grantor hereby expressly disclaims any and all representations or
warranties as to: (i) the Property's compliance with any and all federal, state or local laws, rules,
regulations, ordinances or other requirements, including, without limitation, any such laws or
other requirements with respect to the maintenance and/or removal of improvements, if any, on
the Property, (ii) legal access from the Property to any public road, (iii) the existence,
3630424.3
attainability, or the cost of, potable water, wells, an irrigation system, sanitary sewerage disposal
or a septic tank system, electricity, gas, telephone or other utilities at or on the Property, (iv)
restrictions on usage of the Property imposed by any governmental authority or the suitability of
the Property as a developable or useable site for any purpose, (v) the acreage or square footage of
the Property, (vi) the fitness or value of the Property, and (vii) the status of title to the Property.
2. Environmental Condition of the Property. Without limiting the 'provisions of
paragraph 1 above in any way, Grantor makes no representations, warranties or covenants of any
kind, express or implied, with respect to the environmental condition of the Property or the
Property's compliance with Environmental Laws (as defined hereafter). Grantee hereby
assumes, and shall be solely responsible for, all environmental matters affecting or arising in
connection with the Property, including, without limitation, the Property's compliance with all
Environmental Laws and the presence of any Hazardous Substances (as defined hereafter), if
any, on, in, under, or migrating from or otherwise attributable to the Property. "Environmental
Laws" means any past, present, or future federal, state, or local laws, statutes, ordinances,
regulations, judgments, and orders and the common law, including the law of strict liability and
the law of abnormally dangerous activities, relating to environmental matters, including, without
limitation, provisions pertaining to or regulating air pollution, water pollution, noise control,
wetlands, watercourses, wildlife, Hazardous Substances, or any other activities or conditions
which impact or relate to the environment or nature. "Hazardous Substances" means any
hazardous waste, hazardous substance or material, as defined under any Environmental Law or
any pollutant, contaminant, radioactive or biological material or waste, or petroleum or
petroleum related products or waste.
(a) Release. Grantee, for Grantee and Grantee's successors and assigns,
including, without limitation, each present and future fee owner, ground lessee, and tenant of all
or any portion of the Property (collectively, "Grantee Parties ") hereby releases, remises and
forever discharges Grantor, Greenfield Environmental Multistate Trust LLC, Greenfield
Environmental Trust Group, Inc. (and each of their respective officers, directors, shareholders,
partners, members, agents and representatives), the United States and the State in which the
Property is situated (and their respective agencies and departments) and the respective successors
and assigns of each of them (collectively, the "Grantor Parties ") from and against, and
irrevocably and unconditionally waive, all Claims (as defined below) and liability against the
Grantor Parties for or attributable to any and all losses, costs, claims, liabilities, expenses,
demands, fees or obligations of any kind or nature whatsoever, whether known or unknown and
foreseen or unforeseen, attributable to the environmental condition of the Property, whether
arising or accruing before, on or after the Effective Date, and whether attributable to events or
circumstances which have heretofore or may hereafter occur, including all losses, costs, claims,
liabilities, expenses, demands, fees and obligations relating to the presence, discovery, release or
removal of any Hazardous Substances in, at, under or about the Property. "Claim," as used
herein, means all demands, actions, causes of action, suits, proceedings, covenants, contracts,
agreements, damages, claims, counterclaims, third -party claims, cross claims, contribution
claims, indemnity claims, executions, judgments, losses, penalties, obligations and liabilities
whatsoever, of every name, kind, ,type, nature or description, in law or in equity, arising under
federal, state or local law or other statute, law, regulation or rule of any kind, whether known,
2
unknown, direct, indirect, absolute, contingent, disclosed, undisclosed or capable or incapable of
detection.
(b) Covenant Not to Sue. Grantee, for itself and for each of the other Grantee
Parties, agrees that it and they will not institute any action, suit or proceeding, and will not
implead, join, seek contribution or indemnification from, or otherwise involve any Grantor Party
in any action, suit or proceeding which has been or could be brought by or against any of the
Grantee Parties to the extent the same relates to or arises in any way out of the Property.
(c) Indemnity. Grantee, for itself and for each of the other Grantee Parties, but only
with respect to the period such Grantee Party shall have a fee or leasehold interest in the
Property, agrees at its sole cost and expense to defend, hold harmless and indemnify Grantor and
each of the other Grantor Parties from and against any and all Claims, and any and all costs that
may at any time be imposed upon, incurred by or asserted or awarded against Grantor and/or any
Grantor Parties, that (i) relate to or arise from the Property, and (ii) are caused by events or
conditions in, at, under or about the Property, including, without limitation, Hazardous
Substances and/or any violation of Environmental Laws. Grantee shall, upon assuming the
defense of any Claim, control the conduct of the defense, settlement and choice of counsel and
experts.
3. Transaction Costs. Grantee agrees to pay all recording fees and costs, all survey
costs, all title commitment and title insurance premiums, all mortgage taxes or intangible taxes,
all transfer taxes or revenue stamps incidental to the recordation of this Deed, as well as any
mortgage or related instrument recorded in connection with this conveyance, and any and all
other costs and expenses of Grantee arising out of or relating to this transaction. Any and all
state, county and municipal sales taxes due and payable as a result of the conveyance shall
promptly be paid by Grantee. To the extent the law requires Grantor to collect and remit such
taxes, then Grantee shall pay such taxes to Grantor on the Effective Date. Grantee shall file all
ancillary documents required to be filed in connection with this conveyance in order to fully and
completely comply with all applicable laws, customs, practices and standards in the jurisdiction
where the Property is located. All of the above costs and expenses shall be made by Grantee
without deduction or set -off of any kind from the purchase price for the Property.
4. Representations.
(a) Grantee Representations. Grantee hereby represents and warrants that:
(i) Grantee is a duly organized, validly existing and in good
standing under the laws of the State of ;
(ii) Grantee, acting through its duly empowered and authorized
, has all necessary power and authority to own and use its properties and to
transact the business in which it is engaged, and has full power and authority to enter into this
Deed and to perform its obligations hereunder;
(iii) Grantee is duly authorized to execute and deliver, acting through its duly
empowered and authorized , and perform this Deed and all documents
and instruments and transactions contemplated hereby or incidental hereto;
(iv) Grantee has dealt with no broker, finder or any other person, in connection
with the purchase of or the negotiation of the purchase of the Property that might give rise to any
claim for commission against Grantor or lien or claim against the Property;
(v) Grantee (i) is not the subject of a voluntary or involuntary petition for
relief under the U.S. Bankruptcy Code or the laws of any other jurisdiction and is not the subject
of any proceeding in any court wherein the relief requested or sought against Grantee includes a
receivership, assignment for the benefit of creditors, or other insolvency proceeding; (ii) has no
present intention, as of the date hereof, of filing any bankruptcy or insolvency proceeding for
protection from its creditors; (iii) is able to pay its debts in the ordinary course as they become
due; and (iv) is solvent, and shall be solvent immediately after the effectuation of the transactions
contemplated by this Deed; and
. (vi) Grantee is not now, nor ever has been, owned by or affiliated with Kerr -
McGee, Tronox, Inc. or any of their related or affiliated entities.
(b) Grantor Representations. Grantor hereby represents and warrants that it has
received all necessary approvals from the Grantor's beneficiaries to sell and transfer the Property
to Grantee pursuant to this Deed.
5. Miscellaneous.
This Deed, and the covenants, representations, warranties, and indemnities contained and
created herein, shall run with the land and shall be binding on and shall inure to the benefit of the
parties named herein and to their respective successors and assigns. Nothing in this Deed shall be
interpreted as affecting or impairing in any way the exculpations, immunities, liability
protections and other rights extended to Grantor, and its related parties, under that certain
Consent Decree and Environmental Settlement Agreement entered in the Tronox bankruptcy in
the United States Bankruptcy Court for the Southern District of New York (Case No. 09 -10156
(ALG)). The obligations, representations, warranties, covenants, agreements,
acknowledgements and indemnities of Grantee set forth in this Deed shall survive the recording
of the Deed and the transfer of the Property from Grantor to Grantee.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed as of the
Effective Date.
GRANTOR:
GREENFIELD ENVIRONMENTAL
MULTISTATE TRUST LLC, TRUSTEE OF THE
MULTISTATE ENVIRONMENTAL RESPONSE
TRUST
By: GREENFIELD ENVIRONMENTAL TRUST
GROUP, INC., MEMBER
LIM
Name:
Title:
HEREUNTO DULY AUTHORIZED
4
Upon Recording Return to:
Attn:
GRANTEE:
By:
Name:
Title:
HEREUNTO DULY AUTHORIZED
( J-�,aTRPL4,-4- Ac-- DEGcRlf, i too C'TTED
5
I CITY OF IOWA CITY
MEMORANDUM
Date: April 11, 2012
To: Tom Markus, City Manager
From: Jeff Davidson, Planning & Community Development Director
Re: Acquisition of 2229 Muscatine Avenue
--...
20
Introduction:
On your April 17, 2012 Council agenda, the City Council will be asked to approve the purchase
of 2229 Muscatine Avenue, the former Kerr -McGee property. The following resolution allows the
City to purchase the 0.199 acre parcel.
History /Background:
This property is located on the corner of Muscatine and First Avenue (across the street from
Walgreens) and has been a vacant lot since the early 1990s. The City has been attempting to
acquire this property since the late 1990s and make it available for private redevelopment. After
resolution of bankruptcy proceedings by previous corporate owners, the beneficiaries of the
bankruptcy Trust have approved the City's offer of $93,370 (the 2011 assessed value of the lot) to
purchase the property. However, the purchase is subject to the City taking title to the property on
an "as is" and "with all faults" basis. This restriction will preclude the City from litigating against
prior owners for environmental issues. The Iowa Department of Natural Resources has indicated
they do not believe there are significant environmental issues with the property, and have in fact
certified the property as not requiring further monitoring efforts in terms of environmental
conditions. Accepting the property on this basis is a requirement of the sale.
Discussion of Solutions:
For over 20 years this site has been vacant and underutilized. The acquisition of the site will
allow the City to encourage its redevelopment based on the Towncrest Design Standards in a
very visible location; at the intersection of two eastside arterials.
Financial Impact:
The funds for the acquisition will come out of the 2011 B Taxable Obligation Construction Funds,
Account number 4915 - 458000 - 471010. It is hoped that a significant increase in taxable value
can be achieved through redevelopment of the parcel. This may by necessity involve combining
the 2229 Muscatine Avenue property with adjacent parcels. City staff is currently exploring
opportunities for doing that. An urban renewal area and associated tax increment financing
district has been established as a revitalization incentive for the neighborhood.
Recommendation:
It is important for the City to control this parcel in order to facilitate it's redevelopment. Staff
recommends approving the purchase of this site to aid in the City's efforts to revitalize the
Towncrest neighborhood.
w /ppdd it /mem /Kerr - McGee -4- 17- 2012.doc
MI-5
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
RESOLUTION NO. 12 -184
RESOLUTION OF INTENT TO APPROVE AN ECONOMIC DEVELOPMENT
GRANT IN THE FORM OF 4 YEARS OF TAX INCREMENT FINANCING
REBATES NOT TO EXCEED $170,000, SHOULD ALPLA, 2258 HEINZ RD.,
IOWA CITY SELECT IOWA CITY FOR ITS EXPANSION PROJECT
WHEREAS, the City of Iowa City has stated Economic Development policies which include
attracting development of industrial uses, adding quality jobs and increasing economic activity,
property values and tax revenues; and
WHEREAS, the policies state the City will consider incentive programs including city and state
funding, tax increment financing, public private partnerships and other tools to achieve expected
results; and
WHEREAS, an established global manufacturing company with a local plant is considering two
locations to expand with Iowa City as one possibility and an out -of -state location as the other; and
WHEREAS, the City Council Economic Development Committee heard a proposal for the
expansion and supports the project that would be comprised of $12.2 million in capital expenses,
$1 million in taxable valuation and 37 jobs with competitive wages, and
WHEREAS, understanding the competitive nature of this proposal, the City Council Economic
Development Committee voted 2 -0 (Hayek absent) at their meeting on March 20, 2012, to
recommend to the City Council a request for financial assistance of an economic development
grant in the form of a maximum of four years of tax increment financing rebates not to exceed
$170,000 for a plant expansion, should Iowa City be chosen as the location for the expansion;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
It is the intent of this City Council to approve an economic development grant in the form
of a maximum of four years TIF rebates, not to exceed $170,000 should the company
select Iowa City as the location for its expansion project.
Passed and approved this 17th day of April 12012
MAYOR
ATTEST: �d_
CITY-CLERK
A ;Wk-
�a)
City
Resolution No. 12 -184
Page 2
It was moved by _ _ Payne and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
-x
_ x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
I !�,1. CITY OF IOWA CITY -04-17 -12
�%1 21 i
MEMORANDUM
To: Tom Markus, City Manager
From: Wendy Ford, Economic Development Coordinator
Date: April 6, 2012
Re: Resolution of Intent to provide incentives for Alpla plant expansion project
Introduction
Alpla is a plastic bottle manufacturer located in the Heinz Road Industrial Area and is
considering two locations for expansion, one out of state and one in Iowa City. They are
comparing all costs and benefits of both, including state and local incentives. The purpose for
Alpla's application for funding is to evaluate competitive incentives available at each. Iowa City
policy dictates applicants must meet the "but for" test which requires that without public
assistance, the project would not happen. In cases except those of interstate commerce, the
consideration is that "but for" assistance to fill a financial gap, the project would not happen
otherwise. With interstate commerce, the consideration becomes "but for' the assistance to
provide a competitive advantage with another out -of -area site, the project would not happen.
The Iowa Economic Development Authority's policies require that the local governing body
demonstrate its support for the company's request by the April 20, 2012 meeting of its Board of
Directors when the Alpla application is considered at the state level. If Iowa City is selected as
the expansion site, the next step would be for Council to consider a development agreement
stipulating the tax increment financing terms and performance metrics required of the company.
History /Background
The company is headquartered in Austria and employs 12,000 people worldwide. They opened
an Iowa City plant in 2003 with 35 employees, and now employ 190 with an annual payroll of
approximately $9.4 million. Alpla is developing a new technology in bottle closures that will
require expansion at one of their facilities and they are comparing state and local incentives
available at both at their Jefferson, Missouri plant and at their Iowa City plant.
The City of Iowa City assisted Alpla when they located here in 2003, and again in 2007. The first
project was for the construction of an additional 86,000 square feet that enabled warehousing
and distribution at the plant, and Council approved a 5 year TIF rebate with a cap of $510,000.
Performance measures to maintain 35 full time employees and increase the assessed value of
the property were met and exceeded. The second project involved construction of another
82,200 square feet of manufacturing space, for which Council approved a 4 year TIF rebate with
a cap of $600,000. Again, performance metrics of valuation and employment numbers were
exceeded. Today, Alpla's assessed valuation of $9 million is $5.4 million more than it was in FY
2005.
Discussion of Solution
The expansion they plan will require a capital investment of $12.2 million. Approximately $1
million will be taxable valuation while the rest is in machinery, equipment and people. While the
taxable value of the addition to Alpla is modest by comparison, the new jobs and the research
April 6, 2012
Page 2
and technology going in to the new product is substantial. The expansion will create 37 new
jobs with a payroll of more than $1 million. All of the new jobs will exceed the Johnson County
median hourly wage of $16.09.
In keeping with the past two projects, if the City were to provide 4 years of TIF rebates, the
company's property tax savings could be figured to be approximately $170,000.
Recommendation
Alpla is an innovator of new technologies and consistently seeks to compete in their industry.
They are a responsible corporate citizen, having addressed and corrected neighborhood
concerns of noise by installing baffles and screening.
Assisting Alpla is aligned with the Iowa City Strategic Plan goal of striving to expand and
diversify the economic base of the community, particularly in existing planned commercial and
industrial areas that have established supporting infrastructure. It is also consistent with our
adopted Economic Development Policies of attracting new development, retaining existing
businesses, and encouraging and fostering spin -off business.
The City Council Economic Development Committee voted 2 -0 (Hayek absent) on March 20,
2102 to recommend City Council support of the financial incentive request of an economic
development grant that would provide 4 years of TIF rebates capped at $170,000.
NOTICE TO BIDDERS
TERRY TRUEBLOOD RECREATION AREA —
PHASE 3 IMPROVEMENTS
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until April 10,
2012, at 10:00 a.m. 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 received after
this deadline will be returned to the bidder
unopened. Proposals 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., April 17, 2012, or at
special meeting called for that purpose.
The Project will involve the following:
Base Bid: Construction of the park
improvements to include, but not limited to, site
demolition, grading, erosion control, utilities,
drives, parking, trails, lodge building, park
shelters, pavement, walls, prairie seeding,
surface restoration and associated work.
Add Alternate No. 1: The additional cost for
providing rubberized composite shingles for the
lodge, park shelters and associated work. Add
Alternate No. 2: The additional cost for providing
three fishing jetties improvements and
associated work, Add Alternate No. 3: The
additional cost for providing the canoe launch
improvements and associated work, and Add
Alternate No. 4: The additional cost for providing
the 'prairie style' planters and associated work.
All work is to be done in strict compliance with
the plans and specifications prepared by Snyder
& Associates, Inc., of Cedar Rapids, Iowa, which
have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk. Bidders are
encouraged to attend a pre -bid conference on
Thursday, March 22nd, 2012, at 2:00 pm local
time in the social hall in Robert A Lee Community
Recreation Center, located at 220 S. Gilbert
Street, Iowa City, Iowa 52240.
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
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°/x) 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 from and after its
completion and formal acceptance by the City
Council.
The following limitations shall apply to this
Project:
Specified Start Date: April 26, 2012
Specified Completion Date: May 31, 2013
Liquidated Damages: $500 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 Snyder & Associates, Inc.,
Cedar Rapids, 5005 Bowling Street SW, Suite A,
Cedar Rapids, Iowa, phone: 319 - 362 -9394 upon
receipt of $100, which is refundable. The deposit
shall be forfeited if the contract documents are
not returned within 14 days after the award of the
project in re- usable condition.
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 Inspections and Appeals at
(515) 281 -5796 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
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
W''9
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5149
RESOLUTION NO. 12 -185
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE TERRY TRUEBLOOD RECREATION AREA - PHASE 3 IMPROVEMENTS
PROJECT.
WHEREAS, Tricon General Construction of Dubuque, Iowa has submitted the lowest responsible bid
of $3,341,000 (base bid plus add alternate No. 1) for construction of the above -named project; and
WHEREAS, funds for this project are available in the Terry Trueblood Recreation Area account #4152.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above -named project is hereby awarded to Tricon
General Construction, subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction
of the above -named project, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
3. The Parks & Recreation Director is authorized to execute change orders as they may become
necessary in the construction of the above -named project.
Passed and approved this 17th day of April _,20 12
ATTEST: A�4 9K
CITY-CLERK
Approved by
City Attorney's Office W/0
It was moved by Payne and seconded by Mims the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
— X
X
X
X
X
Pweng/ res/ awrdcon- trueblood- ph3improv.doc
4/12
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
22
I" _7�,7__S
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St, Iowa City, IA 52240 319 - 356 -5149
RESOLUTION NO. 12 -186
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY
FOR CONSTRUCTION OF THE HIGHWAY 1 TRAIL PROJECT - ORCHARD STREET TO
SUNSET STREET.
WHEREAS, the City of Iowa City desires to construct the Highway 1 Trail Project - Orchard Street to
Sunset Street ( "Project ") which includes the construction of a 10 -foot wide trail along the north side of
Highway 1 from Orchard Street to Sunset Street, an 8 -foot wide sidewalk along the west side of Orchard
Street, and 4 -foot wide sidewalks along the east side of Miller Avenue and the west side of Hudson Avenue;
and
WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under
State and Federal law, and has further determined that acquisition of certain property rights is necessary to
construct, operate and maintain the proposed project; and
WHEREAS, the City staff has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to
the City; and
WHEREAS, funds for this project are available in the Highway 1 Sidewalk/Trail - Riverside Dr. to Sunset
account # 4222.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
The City Council finds that it is in the public interest to acquire property rights by warranty deed,
quit -claim deed, and /or easement for the construction of the Highway 1 Trail Project - Orchard
Street to Sunset Street ( "Project ") which Project constitutes a public improvement under Iowa law.
The City Council further finds that acquisition of said property rights is necessary to carry out the
functions of the Project, and that such Project constitutes a valid public purpose under state and
federal law.
The City Manager or designee is hereby authorized and directed to negotiate the purchase of
property rights by warranty deed, quit -claim deed and /or easement for the construction, operation
and maintenance of the Project. The City Manager or designee is authorized to sign purchase
agreements for the purchase of property and /or easements, and offers to purchase property and /or
easements.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and
directed to establish, on behalf of City, an amount the City believes to be just compensation for the
property to be acquired, and to make an offer to purchase the property for the established fair
market value.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and
attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby
directed to take all necessary action to complete said transactions, as required by law.
5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City
Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any
and all property rights necessary to fulfill the functions of the Project, as provided by law.
Resolution No. 12 -186
Page 2
Passed and approved this 17th day of April , 2012
ATTEST:1i
CITY'CLERK
It was moved by Mims
adopted, and upon roll call there were:
MAYOR
A proved by
City Attorney's Office q
and seconded by Dobyns the Resolution be
AYES: NAYS:
x
x
x
x
x
x
x
Pweng /res /hwyl trail - acquireprop.doc
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
� r
MEMORANDUM 23
DATE: March 30, 2012
TO: Tom Markus, City Manager
FROM: Rick Fosse, Public Works Director
RE: Acquisition of Property Interests Necessary for the Construction of the
Highway 1 Trail Project — Orchard Street to Sunset Street — April 17, 2012
Introduction:
The acquisition of temporary construction and permanent easements are necessary for the
construction of the Highway 1 Trail Project — Orchard Street to Sunset Street. The necessary
easements and their extents have been determined during the design of the project.
History /Background:
The proposed trail and sidewalks are to be installed within close proximity to right -of -way /property line
in some locations. The proposed trail and sidewalks will also need to go through several driveways.
During construction, the contractor will need to perform grading work and reconstruct driveways on
private property to create a smooth transition from the trail /sidewalk to the existing grade. Also, the
right -of -way in front of 424 & 426 Highway 1 W. (Paul's Discount strip mall) is currently not wide
enough to install the proposed trail and provide adequate separation from Highway 1.
Discussion of Solution:
The temporary construction easements will provide the contractor with the space needed to work
and ensure that the driveways and slopes between the sidewalks and existing grades are not too
steep. The permanent trail easements will provide enough space for the trail to be placed with
adequate separation from Highway 1.
Financial Impact:
The financial impact is unknown at this time. Fair market value for the easements will be established
by compensation estimates or appraisals. City staff will make an offer to purchase the easements for
the established fair market value and negotiate with the property owners. In the event the necessary
easements for the project cannot be acquired by negotiation, the City Attorney will be authorized and
directed by the resolution to initiate condemnation proceedings for acquisition of the easements
necessary to fulfill the functions of the Project, as provided by law.
Recommendation:
Staff recommends authorizing the acquisition of property interests necessary for the construction of
the Highway 1 Trail Project — Orchard Street to Sunset Street at the April 17, 2012 council meeting.
cc: Ron Knoche, City Engineer
Josh Slattery, Civil Engineer
AAt
L 04 24
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12-197
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, LANDOWNER IOWA AVENUE PROPERTY LLC, AND TENANT
JIMMY JACK MAC, INC., D /B /A BASTA, 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, Iowa Avenue Property LLC, as landlord, and Jimmy Jack Mac, Inc., d /b /a Basta, as
tenant, applied for a temporary use of the public right -of -way at 121 Iowa Avenue, Iowa City,
Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; 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 IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. 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 Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17tiday of April , 2012.
&�A �
MAYOR P
ATTEST: LLB
CITY- CLERK Ap roved by:
�d-
City Attorney's Office
Resolution No. 12 -187
Page 2
It was moved by Champion and seconded by i?i ckenG the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
i7
s
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139
RESOLUTION NO. 12 -188
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, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY
COFFEE COMPANY, D /B /A THE HEIRLOOM SALAD COMPANY, 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, Moka Java LLC, as landlord, and Iowa City Coffee Company, d /b /a The Heirloom
Salad Company, as tenant, applied for a temporary use of the public right -of -way at 211
Washington Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10 -3 -3; 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 IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. 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 Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this 17th day of April , 2012.
OLGA -
ATTEST:
CIT LERK Apps 1
City Attorney's Office
Resolution No. 12 -188
Page 2
It was moved by Payne and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
_x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
q� 12 11�551
Prepared by: Geoff Fruin, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5013
RESOLUTION NO. 12 -189
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE
DEPARTMENT AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY PLAN
BY ELIMINATING THE POSITIONS OF SENIOR DOCUMENT SPECIALIST
AND DOCUMENT SERVICES SUPERVISOR FROM THE DOCUMENT
SERVICES DIVISION AND ELIMINATING THE POSITION OF WEB
DEVELOPER FROM THE INFORMATION TECHNOLOGY SERVICES
DIVISION AND AMENDING THE BUDGETED POSITIONS IN THE CITY
MANAGER'S OFFICE AND THE ADMINISTRATIVE AND CONFIDENTIAL PAY
PLAN BY ADDING THE POSITIONS OF COMMUNICATIONS COORDINATOR,
COMMUNICATIONS ASSISTANT, AND ELECTRONIC COMMUNICATIONS
SPECIALIST AND ELIMINATING THE DOCUMENT SERVICES DIVISION OF
THE FINANCE DEPARTMENT.
WHEREAS, Resolution No. 12 -101, adopted by the City Council on March 6, 2012, authorized
budgeted positions for FY13; and
WHEREAS, Resolution No. 12 -152, adopted by the City Council on April 3, 2012 established a
classification /compensation plan for Administrative and Confidential employees; and
WHEREAS, an established priority of the Iowa City strategic plan for the current year is to more
effectively coordinate communications and improve upon customer service; and
WHEREAS, a reassignment of existing communications - focused staff into the City Manager's
Office will allow for a more strategic and coordinated approach to communications;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The budgeted positions in the Document Services Division of the Finance Department
be amended by:
a. Eliminating one full -time Senior Document Specialist
b. Eliminating one full -time Document Services Supervisor
2. The budgeted positions in the Information Technology Services Division of the Finance
Department be amended by eliminating one full -time Web Developer
3. The budgeted positions in the City Manager's Office be amended by:
a. Adding one full -time Communications Coordinator
b. Adding one full -time Communications Assistant
c. Adding one full -time Electronic Communications Specialist
4. The Administrative and Confidential pay plan be amended by:
a. Deleting the position of Senior Document Specialist, grade 24.
b. Deleting the position of Document Services Supervisor, grade 27.
c. Deleting the position of Web Developer, grade 27.
d. Adding the position of Communications Assistant, grade 24.
e. Adding the position of Electronic Communications Specialist, grade 27.
f. Adding the position of Communications Coordinator, grade 27.
Resolution No.
Page 2
12 -189
5. The Document Services Division of the Finance Department be eliminated.
Passed and approved this 17th day of
ATTEST-
Cl Y RERK
it
'4*\-kV-A.eil
MAYOR
2012
A proved b -
Ci A
Uo
net's ice
It was moved by Mims and seconded by Payne the Resolution be
adopted, and upon roll call there were:
AYES:
X
x
x
x
X
X
X
Mgr/ res /CommunicationsOffice2012.doc
4/12
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
r
.® CITY OF IOWA CITY Zs
MEMORANDUM
Date: April 12, 2012
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant to the City Manager
Re: Reassignment of Communications Personnel
Introduction:
One of Iowa City strategic plan priorities for the current year is to more effectively coordinate
communications and improve upon the customer service orientation of the organization. With
this goal in mind, I am recommending that, effective July 1, 2012, we centralize existing
communication resources in the City Manager's Office. This effort will require a reassignment of
a total of three positions from the Document Services and Information Technology Services
divisions within the Finance Department. The changes will not result in a change in the total
employment levels within the organization, but it will effectively eliminate the Document Services
division as the two authorized positions for FY 2012 -13 will be reassigned to the City Manager's
Office.
History/Background:
The Document Services division of the Finance Department currently assists City departments
with various communication needs such as drafting press releases, editing website content, and
formatting newsletters, brochures and other public outreach materials. The division generally
responds to organizational requests for assistance. Usage of the Document Services division is
quite varied across our numerous departments. Due to the reactive nature of their current
operations and the fact that they do not benefit from regular exposure to all departments, the
City may not always be effectively prioritizing and coordinating our public communication efforts.
The City's website management operation is currently located in the Information Technology
Services division of the Finance Department. Similar to the situation described above relating to
Document Services, the website content management and continual improvement processes
can be viewed as more reactive in nature. The division does not benefit from consistent
exposure to all City operations and thus may not always be aware of the latest community
happenings, communication needs and messaging priorities.
These two descriptions illustrate a fundamental obstacle that can at times prevent well -
coordinated, timely and effective communication to the public. It further illustrates how
personnel with valuable communication skill sets are not exposed to all operations and services.
As a result, opportunities for service or communication improvement are often missed. In order
to overcome this obstacle a solution must be sought that can bolster our communication staff's
exposure and access to all of the City's operations.
Discussion of Solutions:
The City has sufficient resources within the organization to help achieve the Council's goal of
more effectively coordinated communication and enhanced customer service. A reassignment
of existing communications - focused staff into the City Manager's Office will allow for a more
strategic approach to our ongoing public outreach efforts. With this new organizational structure
in place I am confident that we can better prioritize our messaging, and deliver such messages
in a manner that reaches a larger percentage of our intended audience. Similarly, it will help
April 12, 2012
Page 2
ensure timely delivery of public messaging and add a needed continual focus on providing up-
to -date communication through electronic means. All of these expected results will enhance the
level of service that we provide to the public.
Upon reassigning the staff to the City Manager's Office, the communications team will embark
upon an organizational assessment of communication practices. Such assessment was
identified as a key step in the strategic plan status report. As part of this effort, staff will examine
process related, technological and other enhancements to our public messaging efforts. This
will include an initiation of a website redesign project. Furthermore, the communication team will
assess internal communications and identify obstacles to more effective interdepartmental
communications. This exercise is expected to identify opportunities for improvement in service
delivery, information sharing and customer service.
Financial Impact:
The recommended reassignment of the three positions will not have a notable financial impact
on the organization. The three new positions will be in equivalent pay grades and the
employees assuming the positions will be transferred at their current step within those pay
grades. Minor expenses associated with new office space configurations will be paid with
existing budgeted funds. Similarly, some of the administrative services currently provided by
Document Services, such as transcriptions and archiving, will need to be absorbed by individual
operating departments. This may require minor expenses associated with software licenses,
training opportunities or third party vendors.
Recommendation:
Effective July 1, 2012 1 am recommending the elimination of the Document Services Division of
the Finance Department. Also to be effective on July 1, 1 am recommending that the positions of
Document Services Supervisor, Senior Document Specialist, and Web Developer be formally
eliminated. Personnel currently holding those three positions will be reassigned as detailed
below:
1. Document Services Supervisor (Document Services / Finance) to Communications
Coordinator (City Manager's Office)
2. Senior Document Specialist (Document Services / Finance) to Communications
Assistant (City Manager's Office)
3. Web Developer (Information Technology Services / Finance) to Electronic
Communications Specialist (City Manager's Office)
All reassigned personnel will maintain their current pay grade and step in the City's
Administrative and Confidential Pay Plan.
Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356 -5030
RESOLUTION NO. 12 -190
RESOLUTION APPROVING AND ADOPTING THE NEW PURCHASING MANUAL FOR
CITY PROCUREMENT
WHEREAS, the Iowa City Purchasing Manual was last updated in the early 1980s; and
WHEREAS, the policies and procurement methods contained therein are now badly dated, and
in need of reform; and
WHEREAS, personnel from the City's purchasing, accounting, City Attorney, and City Manager
staff have worked together to create a new Purchasing Manual, which staff believes will create a
more streamlined, yet competitive and fair environment for all parties, while ensuring
appropriate accountability and minimizing future procurement risk for the City; and
WHEREAS, the new Purchasing Manual incorporates the authority given from City Council to
the City Manager through Resolution 11 -377, modifies that authority to include such things as
the State rock salt contract, and in turn delegates some of that authority to Department heads,
based on the type and dollar threshold of the procurement; and
WHEREAS, the new Purchasing Manual also initiates a new local preference policy, which aims
to keep a greater amount of City business in Johnson County while still ensuring that the most
competitive prices are obtained when using public funds; and
WHEREAS, it is in the best interest of the City to approve and adopt this Resolution, and this
new Purchasing Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the attached new Purchasing Manual is hereby approved and adopted.
Passed and approved this 17th day of April , 2012.
MAYOR
Approved by ATTEST: ,,,) 9
IT LERK
City Attorney's Office
Resolution No. 12 -190
Page 2
It was moved by Champion and seconded by Payne the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throg norton
PURCHASING POLICY
MANUAL
1 � 1
A• r�
CITY OF IOWA CITY
Last revised: April 17, 2012
TABLE OF CONTENTS
SECTION I INTRODUCTION
Purpose
Purpose
Page 3
Employee Responsibility
Page 3
Waivers /Changes to the Manual
Page 3
Authority to Purchase
Pages 3 -4
Signature Approval Requirements
Pages 4 -6
SECTION II PURCHASING DIVISION
Local Preference Policy
Mission Statement
Page 7
Role of the Purchasing Division
Page 7
Objectives of Purchasing
Pages 7 -8
Purchasing Cycle
Pages 8 -9
Copiers and Fax Machines
Page 9
Purchasing Staff
Page 9
SECTION III PROCUREMENT PROCEDURES/DOLLAR THRESHOLDS
Types of Solicitations
Page 10
Methods of Solicitation
Pages 10 -11
Dollar Thresholds
Pages 11 -12
Public Improvement Definition and Procurement
Page 13
Advertising Public Bids and Request for Proposals
Page 13
Surplus Equipment Transfer/Disposal
Page 13
SECTION IV EXCEPTIONS TO COMPETITIVE PURCHASING
Emergency Purchases Page 14
Sole Source Pages 14 -15
Cooperative Purchasing Page 15
SECTION V INFORMATION TECHNOLOGY PROCUREMENT POLICY
Purpose
Page 16
Responsibility
Page 16
Procedures
Pages 16 -17
SECTION VI LEGAL REQUIREMENTS
Gratuities/ Gift Law
Page 18
Prohibited Interest in Public Contracts Policy
Page 18
Local Preference Policy
Page 18 -19
State and Federal Funding
Page 19
Donated Funds
Page 19
Professional and Technical Service Contracts
Pages 19 -20
Record Retention
Page 20
Public Record
Page 20
SECTION VII REQUIRED DOCUMENTS FOR CITY PURCHASES
Purchase Requisition
Page 21
Purchase Order
Page 21
Tax Exempt Certificate
Page 21
General Terms and Conditions Document
Page 21
Contract Compliance Document
Page 21
Insurance Certificate
Pages 21 -22
Security Bonds, Liquidated Damage Provisions,
and Contract Incentives
Pages 22 -24
SECTION VIII SHIPPING & PAYMENT TERMS FOR CITY PURCHASES
Shipping Terms
Payment Terms
Page 25
Page 26
SECTION IX PURCHASING TERMS AND DEFINITIONS Pages 27 -29
SECTION I. INTRODUCTION
A. Purpose
The purpose of this manual is to define the City of Iowa City's purchasing policies in order to
establish uniform purchasing practices throughout the City's departments and divisions. The
policies defined in this manual are to encourage competition while promoting fair and
equitable treatment of individuals who participate in the procurement process. In the event
there is a separate funding authority with its own procurement policy, the departments and
divisions shall follow both the funding authority's rules, as well as the City's purchasing
policies. If they conflict, the more stringent policy shall prevail. The Iowa City Public
Library and Iowa City Airport are managed by their own separate governing bodies and adopt
their own purchasing policies. All other City entities are governed by this Purchasing
Manual. All Public Improvement projects are managed by the City's Engineering Division,
instead of the Purchasing Division, and are subject to all requirements of Iowa Code. Non -
Public Improvement procurements made by the Engineering Division remain subject to the
Purchasing Manual.
B. Employee Responsibility
It is the individual responsibility of each employee involved in the procurement process to
understand the intent and the meaning of the policies and the procedures stated in this
manual. If there is any question or concern relative to either the policies or procedures, or the
ability of the employee to respond effectively to the requirements of the procedures, then it is
the responsibility of the employee to bring it to the attention of the Purchasing Agent
immediately. Employees failing to follow the purchasing policies may be subject to
discipline.
C. Waivers/ Changes to the Manual
The City Manager may, for good reason consistent with the purposes of these policies, allow
a purchase that is not in compliance with these policies if the waiver is not inconsistent with
applicable law. The City Manager or designee may amend this Purchasing Manual to reflect
City Council action. Any other change to the manual must be approved by the City Council.
D. Authority to Purchase
City Council
Any spending authority not delegated by City Council is retained by City Council. The City
Council determines expenditure levels through the formulation and approval of an Annual
Operating Budget and Capital Improvements Program. In performing this policy- making
function, the City Council establishes a set of goals, priorities, and performance standards
which the City organization directs its collective efforts toward accomplishing.
The adoption of the Annual Operating Budget is the approval of a level of expenditures
necessary to accomplish the goals and objectives that have been established by each City
program. With the exception of specific statutory requirements for Public Improvements, and
subject to the limitations imposed by Council resolution on City Manager spending authority,
no further Council action is required to initiate purchases within the budget (See Section III
(D) of the Purchasing Policy Manual for more on Public Improvements). However, it is
intended that the City Council will approve final disbursement of all public funds, as well as
specific changes in program funding levels, upon the recommendation of the City Manager.
Pursuant to a passed resolution, Council may designate an employee to sign a contract. As a
general rule, all contracts and other transactions with other public bodies, such as Johnson
County, the State of Iowa, or the United States government, are subject to City Council
3
approval. Also, it should be noted that there may be additional requirements for certain
transactions that would dictate deviation from these rules.
City Manager
The City Manager is delegated the responsibility by the City Council to carry out the policy,
direction, and goals of the City Council. It is his /her responsibility to manage the Annual
Operating Budget in such a way that the goals and priorities of the City Council are
accomplished. All recommendations for changes in general purchasing policy will be made
with the prior approval of the City Manager.
Departments
City Departments are responsible for meeting the goals and objectives established by City
Council and the City Manager, and are provided budget funds to meet these goals. With the
approval of the Director of Finance and the concurrence of the City Manager, departments
may initiate internal reallocation of their budget funds as needed within the guidelines
established by the Finance Department. Although the City Council has established goals and
levels of expenditures for each program, appropriation is not a permit nor a directive to
expend funds unless the need for the item continues to exist at the time for purchase and the
price of the item is within the parameters of the budget. In addition, these criteria must be
weighed ultimately against the unavailability of funds and the relationship of the department
goals to the overall City priorities. For proper management control, it is necessary that
expenditures be authorized prior to purchase. This authorization will be in the form of a
signature on a purchase requisition, check request, or other approved forms for goods and
services in question. In instances where additional justification is required, an
interdepartmental memorandum, budget revision, or budget amendment form will be
required.
Note: Budget authorization for the expenditure of funds does not negate a department's
responsibility to follow the City's purchasing policies and bid thresholds stated within this
manual.
E. Signature Approval Requirements
The following describes the signature approval required for the purchase and payment of
different categories of procurement. The guidelines listed below address only the signatures
required — not whether the project needs to go out for quote, bid, or RFP. Those guidelines
are listed in Section III of the Purchasing Manual. The Department must have budget
authorization prior to any procurement. Resolution No. 12 -_, passed April 17, 2012,
addresses the dollar thresholds laid out below.
1.) Commodities, Operational Services, and Capital Outlay
Expenditures of $20,000 or less: Appropriate Department Director or designee
signature required.
Expenditures greater than $20,000, but no greater than $150,000: Appropriate
Department Director and City Manager or designee signatures required.
Expenditures greater than $150,000: Appropriate Department Director and City
Manager or designee signatures as well as City Council approval required via signed
resolution. Because rock salt is typically purchased through the cooperative bidding
process through the Iowa Department of Transportation, and the time period between
DOT notification and the deadline for City commitment is shorter than would allow
City Council approval, the City Manager is granted signature authority for the
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purchase and payment of rock salt through the DOT contract, even if that purchase
exceeds $150,000.
2.) Professional and Technical Services
Professional and Technical Services include services provided by consultants or
individuals or organizations possessing a high degree of technical skill, such as lawyers,
physicians, architects, and engineers. The requested services may include information,
professional advice, training, or direct assistance. Contractors working within trades,
such as plumbing, electrical services, and HVAC are considered as providing Operational
Services, not Professional and Technical Services. It is the responsibility of the
requesting department to confirm that the contractor possesses the skills required to
perform the job. Cost remains an important consideration in securing Professional and
Technical Services.
Department Directors must confirm that the service provider does not appear on the
Prohibited Interest List, maintained by the Accounting Division. Written contracts should
contain the Prohibited Interest in Public Contracts Policy language, found on page 18.
Any procurement of Professional or Technical Services in excess of $10,000 must take
the form of a written contract. All written Professional and Technical Service
Contracts, regardless of dollar value, must be approved by the City Attorney's
Office before services can begin.
Professional and Technical Service Contracts of $20,000 or less: Appropriate
Department Director signature, and signed contract approval by the City Attorney's
Office required. Contracts under $10,000 need not be in writing.
Professional and Technical Service Contracts over $20,000, but no greater than
$50,000: City Manager or designee and appropriate Department Director signatures,
and signed contract approval by the City Attorney's Office required.
Professional and Technical Service Contracts of greater than $50,000: City Manager
and appropriate Department Director signatures, signed contract approval by the City
Attorney's Office, and approval by the City Council required.
3.) Lease of Real Property or Rental of Equipment from Another Party for More than
One Year
City Council signature approval is required for any lease of real property from another
party for more than one year. City Manager signature approval and Department Director
approval is required for the leasing or rental of equipment for more than one year. All
written lease contracts for real property or rental of equipment from another party must
be reviewed and approved by the City Attorney's Office. For any lease longer than one
year for either real property or equipment rental, a copy of the signed lease should be
forwarded to the Accounting division.
The City allows the leasing or rental of equipment or building(s) if all of the following
requirements are met:
1. Funds are budgeted and available to the requesting department; and
2. The period of time involved does not extend beyond fund availability; and
3. It is not the intent of the initial rental to transition into a lease /purchase option.
Type of Procurement
Signatures Required
* With the exception of DOT rock salt contracts, for which no City Council approval is required.
City
Council
City
Manager or
Designee I
Department
Director or
Designee
Commodities, Operational Services, Capital
Outlay, and Lease of Real Property or Rental of
Equipment for one year or less:
Expenditures of $20,000 or less
X
Expenditures greater than $20,000, but no greater than
$150,000
X
X
Expenditures greater than $150,000
X*
X
X
Professional and Technical Services:
Expenditures of $20,000 or less
X
Expenditures greater than $20,000, but no greater than
$50,000
X
X
Expenditures greater than $50,000
X
X
X
Lease of Real Property or Rental of Equipment for
More than One Year:
Real Property leased from another party
X
X
X
Rental of Equipment
X
X
* With the exception of DOT rock salt contracts, for which no City Council approval is required.
SECTION II. PURCHASING DIVISION
A. Mission Statement
To provide quality service to City departments, protect the City's legal interests, and act
responsibly on behalf of the public by maintaining the integrity of the City's procurement
system through the encouragement of open competition and the impartial and fair treatment
of vendors.
B. Role of the Purchasina Division
The Purchasing Division is a division of the Finance Department and is under the direction
and supervision of the Director of Finance. The role of the Purchasing Division is to provide
assistance to City employees in the purchase of commodities and /or services, the disposition
of surplus property, and the processing and delivery of City mail. In addition, the Purchasing
Division provides information to the general public regarding the operation of the City and its
departments. The main responsibilities of Purchasing include:
1.) Assisting departments in the preparation of bid and request for proposal documents.
2.) Reviewing bid and request for proposal documents for conformance to City, state,
and federal requirements.
3.) Coordinating the issuance and advertisement of requests for competitive sealed bids
and request for proposals.
4.) Assisting bidders with questions regarding bids and request for proposals.
5.) Opening sealed bids at public bid openings (Bids that are prepared by the Purchasing
Division).
6.) Opening sealed proposals and coordinating the evaluation process.
7.) Providing recommendations for contract awards.
8.) Completing the required documents and securing the appropriate signatures to make
an award.
9.) Assisting departments in the administration of vendor contracts.
10.)Assisting departments with the informal competitive bidding process.
11.)Disposing of surplus property by transfer between departments, by competitive sale,
or by issuance to a nonprofit organization.
12.)Assisting departments with mail procedure questions.
13.)Informing departments of any changes that occur within the postal industry.
C. Obiectives of Purchasing
To assist City Departments with their purchasing needs by:
1.) Complying with all applicable state and federal laws.
2.) Encouraging fair and open competition among vendors through negotiation,
competitive bidding and contract buying.
3.) Developing a cooperative relationship between the Purchasing Staff and the vendor
and between the department and the vendor.
4.) Assisting in the preparation of the documents required to purchase commodities and
services that meet all user specifications.
5.) Providing the necessary terns and conditions and contract language to protect the
City from unforeseen contractual issues and /or risk management issues.
6.) Insuring timely delivery of the products and services at the right price.
7.) Providing current information on new products and services, alternative materials and
costs.
8.) Insuring that Purchase Orders and contracts contain all necessary conditions such as
quantities, warranties, shipping instructions, f.o.b. points, liability and
indemnification terms, credit terms, and discounts allowed.
9.) Maintaining adequate records, files of vendors, and catalogs.
10.)Participating in established cooperative purchasing programs and contracts with other
government entities.
D. Purchasing Cycle
The purchasing cycle consists of four basic steps. The steps are listed below to provide
guidance to departments and define the Purchasing Division's involvement in the
procurement of goods and services for the City.
1.) Requirements Determination
The need for a good or service is recognized by the department.
2.) Procurement Decision
The method of purchase is determined based on the dollar value and the type of good
or service being purchased. If the Purchasing Division's assistance is required (see
bid guidelines), the department or division contacts the Purchasing Division with the
requirements.
3.) Procurement Process
a. The Purchasing Division works with the department to create a request for
quote, request for bid or request for proposal.
b. The Purchasing Division posts the solicitation to the City's website and
contacts vendors to confirm that they have received the e -mail notification of
the posting.
c. The Purchasing Division, with the collaboration of the department, serves as
a single point of contact for vendors with questions, assuring a uniform
distribution of information to all interested vendors.
d. With the approval of the City Manager, the Purchasing Division may create a
pre - qualification program for vendors in certain classes of procurement.
e. Responses (bid or proposal submittal) to the solicitation are received through
the City Clerk's office where they are time and date stamped.
f. All bids are publicly opened by the Purchasing Division. If the solicitation is
a request for proposal, the Purchasing Division will review all proposals
received for completeness and adherence to the specifications of the
solicitation. The proposals that are determined to be complete will be
distributed to the evaluation committee for review (see Request for Proposal
description, Section III, for proposal guidelines). The City reserves the right
to reject any incomplete bid or proposal, or all bids or proposals, in the event
the City determines none of them sufficiently meet the City's needs.
g. The Purchasing Division tabulates the responses and forwards the tabulation
to the department for approval of the award recommendation and signature.
h. The Purchasing Division makes an award once appropriate signatures have
been received and required documents have been submitted by the vendor
receiving the award. The City Attorney's office must approve the general
terms and conditions that are included in city contracts. Any contract not
utilizing our terms and conditions must be approved and signed by the City
Attorney's Office.
L The Purchasing Division prepares the Purchase Order /contract and sends it to
the awarded vendor for execution.
4.) Contract Administration
a. The Purchasing Division administers the contract, including assisting with
any service, quality, or delivery issues that occur during the contract period.
The Purchasing Division involves the City Attorney's Office as needed.
b. The Purchasing Division assists the department with contract renewal.
E. Copiers & Fax Machines
In addition to the responsibilities listed above, the Purchasing Division is responsible for
procuring and maintaining the City's inventory of photocopiers and fax machines.
F. Purchasing Staff
The Purchasing Division includes staff certified in the Public Procurement Profession. City
employees requiring assistance with purchasing issues can contact the Purchasing Division at
356 -5078.
SECTION III. PROCUREMENT PROCEDURES AND DOLLAR THRESHOLDS
A. Types of Solicitations
1.) Informal Competitive Procedure: A competitive selection process in which the
user department or the Purchasing Division makes an effort to contact at least
three prospective and qualified vendors to provide a telephone or written quote
for the required goods and /or services.
2.) Formal Competitive Procedure: A competitive selection process in which the
Purchasing Division or the Public Works Department issues a solicitation (request for
bid or request for proposal) for goods and /or services. The formal procedures include
the manner and condition in which bids or proposals are received; and the procedure
by which bids or proposals are opened, evaluated, and rejected or awarded.
B. Methods of Solicitation
The method of procurement for City departments shall be in accordance with the Purchasing
Manual and shall consider the nature and circumstances of the specific procurement. The
methods of procurement are listed below.
1.) Request for Bid (RFB)
A Request for Bid is a formal method used to solicit competitive sealed bids for a
good and/or operational service valued at greater than $20,000. Professional Services
are typically put out for Request for Proposal. A bid is submitted to the City Clerk's
office in a sealed envelope and is not opened until a specified time and date,
otherwise known as a public bid opening. Award of the bid is made to the lowest
responsible and responsive bidder meeting the standards, specifications, and terms
and conditions contained within the solicitation. Bids not received by the stated due
date and time will be rejected.
2.) Request for Proposal (RFP)
A Request for Proposal is a formal method used to solicit competitive sealed
proposals that includes all of the information contained within a bid as well as other
criteria for evaluation. This form of solicitation is not evaluated on price alone;
criteria including, but not limited to, the following may be used in evaluating
proposals: the quality of the product or service, company responsibility and history,
references, financial stability, technical expertise, warranties and guarantees, price,
compliance with the specifications, management/customer service, and contract
terms. The criteria used and the value placed on the criteria will depend on the goods
and /or the services solicited.
Proposals are received by the City Clerk's office; proposals received after the due
date and time may be rejected. The Purchasing Division reviews the submitted
proposals to make sure that they are complete. Only those proposals that are
considered complete, otherwise known as responsive, are dispersed to an evaluation
committee. The evaluation committee, which will consist of representatives from the
the department making the purchase and other representatives appointed by the
department, will receive the complete proposals with oral and written instructions
from the Purchasing Division regarding the evaluation process. The evaluation
committee may elect to meet as a group before the evaluation process begins. All
proposals will be evaluated on an individual basis. Several scoring/evaluation
methods, including a committee average, weighted scores, and pass -fail criteria, may
be used to evaluate the proposals. During the evaluation process each committee
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member must keep an individual tabulation and notes of how he /she arrived at his /her
decision.
Once the evaluation committee has reviewed and scored the proposals, the evaluation
committee may meet to discuss the proposals and the evaluations. During this time,
items in question will be discussed. The evaluation committee may decide to make
an award or elect to request clarification on the proposals. During this time, all
contact with the vendor will be conducted solely through the Purchasing Division's
point of contact, and responses will be presented in writing to the committee. The
evaluation committee may also request an oral presentation to assist with the final
decision to award.
Once a recommendation for award has been made and it has been determined that the
prospective awardee has met the standards, specifications, and terms and conditions
contained within the solicitation, the Purchasing Division will route the
recommendation for authorized signature approval. After required signature
approval has been received, the Purchasing Division will send a letter announcing the
award to all of the vendors who have submitted a proposal. The Purchasing Division
will then secure the appropriate documents from the selected vendor and issue a
Purchase Order for the contract.
Note: During the RFP process all information, including, but not limited to the
submitted proposals, will be kept confidential until a formal award has been made by
the Purchasing Division.
3.) Repuest for Quote (RFO)
A Request for Quote is an informal method of solicitation. The buyer will seek a
minimum of three quotations and an award will be made to the vendor who provides
the quote with the best combination of cost and quality for the specified good or
service (See the bid threshold chart for the dollar amounts that apply to telephone
quotes and written quotes, page 12).
C. Dollar Thresholds (EXCLUDING PUBLIC IMPROVEMENTS)
The following chart is intended to provide departments with guidelines to follow based on the
dollar value of the goods and /or services being purchased. As noted in the chart, the
Purchasing Division will also provide assistance to departments upon request for purchases
that fall below the formal bid threshold.
Note: Freight, handling, and installation costs are included in all dollar limits stated above.
Note: City departments are strictly prohibited from dividing purchases into separate
parts in order to avoid the bid threshold requirements listed in the following chart.
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Dollar Value of Purchase
Method of Procurement
Documentation Required
Commodities, Operational Services,
Capital Outlay, and Rental of
Equipment:
$5,000 or less
No set procurement procedure:
Proper Signature Authority
Pricing obtained must be reasonable.
Greater than $5,000 but no greater
Informal Competitive Procedure:
City employee (purchaser) must
than $20,000
Minimum of 3 Telephone or
document the date, name of the
Written Quotes.
company, name of company
representative, description of good
Note: Upon request from the internal
and /or service (manufacturer, model
department, the Purchasing Division
#, dimensions, etc.), delivery date,
will obtain quotes for goods or
freight, terms, and dollar amount.
services in this dollar range.
All documentation regarding the
informal quotation must be kept by
the purchaser for audit purposes.
Proper Signature Authority
Greater than $20,000
Competitive Bidding Procedure:
Formal Bid/Request for Proposal
Formal Sealed Bid /Request for
Document
Proposal through Purchasing Division
or Public Works Department.
Proper Signature Authority
Professional and Technical
Services:
$10,000 or less
No set procurement procedure:
Proper Signature Authority
Pricing obtained should be
reasonable.
Greater than $10,000 but no greater
Informal Competitive Procedure:
City employee (purchaser) must
than $50,000
Minimum of 3 written proposals.
document the date, name of the
company, name of company
Note: Upon request from the internal
representative, company
department, the Purchasing Division
qualifications, description of service
will obtain quotes for goods or
to be provided, completion date, and
services in this dollar range.
payment terms.
All documentation regarding the
informal quotation must be kept by
the purchaser for audit purposes.
Proper Signature Authority
Greater than $50,000
Competitive Bidding Procedure:
Formal Bid/Request for Proposal
Formal Sealed Bid/Request for
Document
Proposal through Purchasing Division
or Public Works Department.
Proper Signature Authority
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D. Public Improvement Definition and Procurement
This section defines the procurement procedures for public improvement projects, which
differ significantly from the procedures used to procure goods and /or services. A public
improvement is defined as, "a building or construction work, which is constructed under the
control of a governmental entity and is paid for in whole or in part with funds of the
government entity, including a building or improvement constructed or operated jointly with
any other public or private agency. This definition is entirely controlled by Iowa Code
Section 26.2 (3) (2011), as amended, and features some exclusions, including, but not limited
to, emergency work or repair or maintenance work performed by employees of a
governmental entity; and construction or repair or maintenance work performed for a city
utility by its employees.
If the procurement meets the definition of a public improvement project, or there is a question
whether the project qualifies as a public improvement project, acquiring departments should
consult with the City Attorney's Office for direction.
Note: Under Iowa Code Section 26.5, departments are prohibited from dividing the
project into separate parts in order to avoid the threshold requirements.
All Public Improvement projects are managed by the City's Engineering Division, instead of
the Purchasing Division, and are subject to all requirements of Iowa Code. Non - Public
Improvement procurements made by the Engineering Division remain subject to the
Purchasing Manual.
E. Advertising Public Bids and Request for Proposals - City of Iowa City Website
With the emergence of electronic procurement, the City of Iowa City's public website has
become one of the main advertising resources for formal bid and proposal solicitations. The
Purchasing Division utilizes the website to post Request for Proposals, Request for Bids,
addendums, and bid results for commodities, services, vehicles and equipment, and
construction projects. The Purchasing Division will use their discretion in determining other
appropriate methods of advertising bid and proposal solicitations.
F. Surplus Equipment Transfer/Disposal
If a department no longer has a use for surplus vehicles and equipment, including, but not
limited to, office furniture, heavy equipment, and computer equipment, the department should
contact the Purchasing Division to assist with transfer or disposal. The Purchasing Division
may contact other City divisions to determine whether they may have use for the surplus
equipment. If no City department has use for the item, the Purchasing Division may dispose
of it through public bidding (on- line), sealed bidding, the sale or transfer to other
governmental agencies, or through donation or sale to a non -profit organization.
The department requesting the transfer /disposal of the equipment shall provide the
Purchasing Division with a description of the item (color, measurements), make, model,
serial number, condition of the item, and any other pertinent information required to assist
with transfer /disposal.
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SECTION IV. EXCEPTIONS TO COMPETITIVE PURCHASING
All procurements that are exempt from the competitive process must have appropriate
justification for exemption. The department initiating the purchase must complete a form for
exemption from the bidding procedures before the purchase is made. The form can be obtained
from the Purchasing Division. Once the form has been completed by the department and signed
by the department director, the department should forward the form to the Purchasing Division.
The Purchasing Division and the City Attorney's office will review the completed form. The
department may proceed with the purchase once the Purchasing Division, City Attorney's Office,
the Finance Director, and the City Manager or designee have approved the form. Documentation
of the justification must be kept on file by the department initiating the purchase. The
justification and the record of purchase shall be available for public inspection. Departments
completing a purchase requisition for this type of procurement must attach the approved form for
exemption to the purchase requisition before sending it to Purchasing for a purchase order
number.
Note: Even though a purchase may be exempt from the competitive purchasing
requirements the department shall make a conscious effort to obtain the best pricing though
price comparisons and /or negotiations with the selected supplier. It is the department's
responsibility to obtain a fair and reasonable price, investigate the vendor's qualifications
and any other information pertinent to the procurement while thoroughly documenting the
process.
In addition, if a department's purchase is deemed to be exempt from the competitive
purchasing procedures, the department will be responsible for securing all of the required
documents from the vendor before making the purchase (see Section VII. Required
Documents for City Purchases).
The following procurements are exempt from the competitive purchasing process:
A. Emergency Purchases
An Emergency Purchase may be exempt from the competitive bidding process when the
purchase is made due to an unexpected and urgent request, where health and safety or the
conservation of public resources is at risk. The use of this process is greatly discouraged, and
should be utilized only when absolutely necessary.
Before proceeding with an emergency purchase, the department requiring the commodity or
service must receive written approval from the City Manager or designee. Within two (2)
weeks of the emergency purchase, the department making the purchase must complete an
"Emergency Purchase Form" available from the Purchasing Division, and return it to the
Purchasing Division. Copies will be distributed to the City Manager, the Finance Director,
and the Department Director.
B. Sole Source
In general, all purchases shall be made on a competitive basis. However, there may be a
reason to request a Sole Source purchase. This means that there is only one product or service
that meets the department's needs, and there is only one vendor offering the product or
service. In this situation, the individual requesting the purchase must complete a "Sole
Source Procurement Request" form (contact the Purchasing Division to receive a copy of the
form) and return it to the Purchasing Agent for approval by City Manager or designee.
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Examples of a Sole Source procurement include:
1.) Items which must be compatible with existing equipment or systems and are
available only from the original manufacturer or an exclusive distributor.
2.) Services that can be provided by only one source due to nature of the equipment
requiring service (proprietary equipment features).
3.) Items that have specific features or are related to a specific geographic location that
are available from only one source, by virtue of experience, expertise, proximity, or
ownership of intellectual property rights.
4.) Items or services of information technology for which there are compatibility
considerations, or the purchase would prevent voidance or termination of a warranty,
or the purchase would prevent default under contract or other obligations.
5.) The Federal government or other government provider of funds for the items or
services being purchased has imposed clear and specific restrictions on the use of the
funds in a way that restricts the procurement to only one vendor.
Situations when a Sole Source procurement is not appropriate:
1.) Only one specific make or model of an item will work, but it's available from at least
two different vendors. Under these circumstances, bid out the item.
2.) Only one specific make or model of an item will work, and only one installer is
available to install it, but the installer can still install the item if it is purchased from
other vendors. Under these circumstances, bid out the item, and have the installer
perform the installation.
3.) The Department really prefers one model, but at least one other model will perform
adequately. Under these circumstances, consider an RFP, where the reason for the
Department's preference for the first model will be strongly considered in evaluating
the proposals.
4.) The item or service is available from two vendors, one who has done unsatisfactory
work for the City, and one who has done good work for the City. Unless the
unsatisfactory vendor's past work has been thoroughly documented, and is bad
enough to warrant deeming them an "irresponsible bidder ", this vendor must be
allowed to bid. In this event, consider an RFP to take into account prior work
quality.
C. Cooperative Purchasine
"Piggybacking ", a form of cooperative purchasing, allows government and government -
related agencies to utilize existing purchasing contracts or agreements from other government
entities. This type of purchasing is a competitive form of procurement that combines the
requirements of two or more agencies in order to reduce administrative expenses and obtain
better pricing based on volume discounts.
In order for a government agency to participate in this form of cooperative purchasing,
the following criteria must exist:
1.) The purchasing contract must be current.
2.) The purchasing contract must be the result of a formal competitive process.
3.) The government agency administering the contract must be willing to allow
participation on behalf of other government agencies (note: participation may be
limited to specific government agencies based on location, etc.).
4.) The government agency taking advantage of the existing contract must purchase the
same products identified in the contract.
5.) If the cooperative purchasing contract is a regional contract, the state of the
government agency requesting participation must have signed a contract to
participate.
15
SECTION V. INFORMATION TECHNOLOGY PROCUREMENT POLICY
A. Purpose
1.) To establish requirements for procurement of information technology goods and
services for all Departments.
2.) To ensure that the City's purchases of information technology goods and services
meet the necessary requirements for network connectivity, security and compliance.
3.) To ensure that contracts for procurement of information technology goods and
services are written and documented with clear, complete and technically accurate
specifications and /or Scope of Work, and that all such contracts, including all
documents incorporated by reference as part of such contracts, are readily available
for reference to ensure that vendors are providing the goods and services promised,
and in case of a contract dispute.
4.) To establish collaboration between the City's Information Technology Services
Division (ITS) and the Purchasing division, unless other arrangements are made
ahead of time, to ensure the smooth acceptance and installation of information
technology.
5.) To ensure that all information technology procurements follow the regulations and
policies related to City procurement. This policy may be modified by Administrative
Regulation approved, in writing, by the City Manager.
6.) To protect the City against loss following vendor default or failure.
B. Responsibility
All City departments and divisions shall comply with the policies and procedures in this
regulation.
C. Procedures
1.) Hardware and Software Purchases and Related Maintenance Agreements. The
department initiating the procurement of information technology goods and services,
shall submit a "Hardware /Software Recommendation" form to the ITS Help Desk for
evaluation and assistance. In the case of information technology goods and services
which are not linked to the City's computer network, and which are not supported by
ITS, the initiating Department may inform ITS of its intended procurement via e-mail
or memo, rather than by submitting a Hardware /Software Recommendation form.
[ITS may request additional information from the initiating department if the
intended procurement raises concerns as to connectivity, security, alternative
procurement that may be less expensive or more efficient, or other issues of concern
to ITS. ITS will offer all assistance that is appropriate.] ITS shall provide assistance
in the development of specifications for hardware and software needs and
development of a Scope of Work ( "SOW ") for related maintenance agreements. ITS
approval is required for any Information Technology procurement. If ITS does not
approve a purchase, the Department must seek review and approval by the City
Manager, regardless of dollar amount, in order to proceed.
2.) IT Consulting Services. ITS will assist the initiating department in the development
of the SOW. A preliminary SOW will be submitted to ITS, and ITS will either
recommend the SOW be accomplished with in -house resources, or the procurement
of an outside source. If outsource procurement is required, ITS will assist the
initiating department in defining outsource requirements. The initiating department
will submit a "Request to Retain Outside Consultant" form.
16
3.) The Purchasing Division will prepare the appropriate contract, if required, between
the City and the vendor, which Purchasing Division or end user will submit to the
City Attorney's Office for approval. Payment in arrears will be encouraged if at all
possible.
4.) Departments will submit computer- related requests through ITS for review prior to P-
Card purchases. ITS will submit requisitions to the Purchasing Division for approval
and issue of any necessary purchase orders. ITS will review the computer- related
requisitions and either return it to the initiating department with comments and /or
recommendations, or forward the completed requisition to the Purchasing Division.
5.) Unless otherwise specified by ITS, all information technology equipment will be
delivered to ITS, and ITS will be responsible to track and verify satisfactory receipt
of equipment. If the delivery is made directly to the initiating department, the
department will immediately alert ITS of the equipment's arrival for inventory
tracking purposes.
17
SECTION VI. LEGAL REQUIREMENTS
A. Gratuities/ Gift Law
As stated in Iowa Code section 6813.22, (2011), as amended, the "Gift Law" prohibits
officials, employees, candidates, or their immediate family members from receiving or
soliciting gifts from a person who is or is seeking to be a party to a sale, purchase, lease, or
contract with the City. Gifts from such restricted donors may be accepted only if they are
worth $3.00 or less. Additional exceptions can be found in Iowa Code Section 68B.22(4),
(2011) as amended, but should not be exercised without the approval of the City Attorney's
Office.
B. Prohibited Interest in Public Contracts Policy
Pursuant to Iowa Code Section 362.5 (2011), as amended, a city officer or employee shall not
have an interest, direct or indirect, in any contract or job of work or material or the profits
thereof or services to be furnished or performed for the City.
"City officer or employee" includes all employees, as well as members of the City Council
and all City boards and commissions. With respect to "direct or indirect" interest, the City
presumes a City officer or employee has shared financial interest with any of the following
persons:
• The spouse of a City officer or employee.
• Any person eligible to register as a domestic partner, as defined in Iowa City Code 2 -6-
2, as amended, of a City officer or employee.
• The unemancipated child of a City officer or employee.
• The parent of a City officer or employee, if the City officer or employee is an
unemancipated child.
It is prohibited for any City officer or employee to participate, directly or indirectly, in a
procurement when the City officer or employee is aware that:
Any City officer or employee, directly or indirectly, has a financial interest pertaining to
the procurement.
Any other person, business, or organization with which a City officer or employee,
directly or indirectly, is negotiating or has an arrangement concerning prospective
employment is involved in the procurement.
Before proceeding with a purchase, the department procuring the goods or services must
confirm the vendor is not on the Prohibited Vendor list, as maintained by the Accounting
Division. Some exceptions apply, but no procurement may be made from a Prohibited
Vendor without the written approval of the City Attorney's Office. Procurements made in
violation of this policy may result in disciplinary action and /or criminal charges under Iowa
Code Section 362.5.
C. Local Preference
Preference may be given to local businesses or vendors that have a business located within
Johnson County. This includes branch operations and franchises. Cost and other
considerations being equal, local businesses shall be given first consideration for the purchase
of goods or services. A local business or vendor that submits a quote or bid by the
established deadline falling within 5% of the lowest bid will have the opportunity to match
the lowest price submitted, but only if that price was submitted by a non -local vendor.
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In this instance, the City representative responsible for issuing the solicitation will contact the
local vendor /business that has fallen within the 5% threshold to request a price match. The
business /vendor will have a twenty -four hour period to submit a written price match to the
City representative. If more than one local business /vendor meets the criteria above, each
local vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids
must be at or lower than the original lowest bid. At the close of the forty -eight hour period,
the contract will be awarded to the lowest bidder, local or otherwise. In the event of a tie, the
local vendor will be awarded the contract. If two or more local vendors tie, the award will be
detennined by coin flip.
The local preference policy does not apply to Public Improvement projects, goods and
services acquired through the Request for Proposal process, or purchases utilizing Federal
Transit funds or Federal funding.
D. State and Federal Funding
The purchasing policies stated in this manual are not preempted by the requirements for state
and federal grants unless the city requirement is inconsistent with the state or federal grant
requirements, in which case departments shall follow the strictest of any applicable policy.
Departments shall adhere to the City's purchasing policies and all state and federal
requirements, including completion of all required documents. In addition, all applicable
conditions of state or federal funding must be included in bid and proposal solicitations.
E. Donated Funds
Departments are required to follow the bidding policies stated in this manual unless all of the
following is true:
1.) Private funds are offered to the City for procurement of good or services.
2.) The City does not contribute any funds to the procurement.
3.) Pricing is reasonable.
F. Professional and Technical Service Contracts
Any procurement of Professional or Technical Services in excess of $10,000 must take the
form of a written contract. All written Professional and Technical Service Contracts,
regardless of dollar value, must be approved by the City Attorney's Office before
services can begin.
The following information must be included in a written Professional and Technical
Services contract:
1.) Party Designation — identification of parties.
2.) Scope of the Agreement — defines the general nature of the goods and /or services to be
provided.
3.) Compensation - The compensation should be clearly defined. A fixed fee or a not -to-
exceed figure is preferred.
4.) Responsibility of both parties — specifically defines the role of both parties.
5.) Commencement and Termination — defines the start date, end date, and procedures
required to terminate the contract.
6.) Time Requirements — defines a schedule of when specific milestones or objectives
must be met.
7.) Modification Procedures — the procedures required to make changes to the contract.
8.) Conflict of Laws (if applicable) — language that sets the agreement for what state or
courts will have jurisdiction, and what law will apply. Iowa law and Johnson County,
Iowa jurisdiction is strongly encouraged.
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9.) Liability and Indemnification — defines the legal responsibility of the parties involved
and the remedy for loss. Indemnification of the City should be sought from all such
providers.
10.) Insurance — Coverage parameters and a monetary amount that protects against loss,
damage, or liability.
11.) Equal Opportunity — policies and procedures used to ensure nondiscrimination and
equal opportunity in employment.
12.) Severability - a clause that protects the remaining provisions of the agreement if one or
more clauses of the agreement are declared void or unconstitutional.
13.) Acknowledgement — acceptance of the terms and conditions stated in the contract in the
form of a signature by parties empowered to do so.
G. Record Retention
The Purchasing Division and Public Works Department, who are responsible for the
procurement of goods, services, and equipment, are required to retain all written contracts,
including bid and request for proposal documents, the awarded vendor's bid or proposal, and
the purchase order for a period of five years. Departments procuring goods, services, and
equipment through the informal quotation process, where assistance is not provided by
Purchasing, are responsible for retaining documentation (including all quotes received) for a
period of five years.
H. Public Record
Procurement information shall be recognized as public record to the extent provided by law
and as set by Council Resolution 07 -260, passed August 215, 2007. However, the identity of
proposers and documents received in response to a Request for Proposal may only be
released to City staff prior to award of the contract. All details of contract proposals shall be
kept confidential until final award of the contract. Details of contracts requiring Council
approval may be disclosed as part of the Council approval process. In that event, disclosures
should be limited as much as possible in order to best preserve the integrity of the procurement
process. Questions regarding the potential confidentiality of documents should be directed to
the City Attorney's Office.
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SECTION VII. REQUIRED DOCUMENTS FOR CITY PURCHASES
A. Purchase Requisition
See Administrative Rule for instructions. The City Manager is empowered to set
Administrative Rules governing Purchase Requisition documents. Administrative
Rules are available on the intranet, or from the Purchasing Division.
B. Purchase Order
See Administrative Rule for instructions. The City Manager is empowered to set
Administrative Rules governing Purchase Order documents. Administrative Rules are
available on the intranet, or from the Purchasing Division.
C. Tax Exempt Certificate
The City is exempt from all Federal, State of Iowa, sales, and use taxes on the purchase of
goods and services used by the City of Iowa City within the State of Iowa. Departments
requiring a tax exemption certificate can contact the Purchasing Division for the certificate.
The tax exemption certificate can also be found on the City's intranet page under
Forms/Templates. Out -of -state taxes imposed on purchases of commodities and/or services
which are used within another state are applicable and subject to payment. In addition, the City
is not exempt from paying state excise taxes on renting rooms or local hotel /motel taxes.
D. General Terms and Conditions Document
The City has established a standard document of general rules and conditions that the
Purchasing Division includes in all request for bids and request for proposals. The General
Terms and Conditions document, which binds the bidder to applicable conditions and
requirements, is a separate section within the request for bid or request for proposal
document. Bidders or their authorized agents are expected to fully inform themselves as to the
conditions and requirements of this document before submitting a bid or proposal. Bidders are
also subject to all federal, state, and municipal laws, rules, regulations, and limitations.
Note: The General Terms and Conditions document is only one section of the request for bid
or request for proposal document; this document shall be used as an addition to other
Purchasing documents. Changes shall not be made to the General Terms and Conditions
language without the approval of the City Attorney's Office.
E. Contract Compliance Document
All vendors are subject to and must comply with the provisions of the City's Equal Employment
Opportunity policy and applicable local, state and federal anti - discrimination laws. All City
contractors, subcontractors or consultants with contracts of $25,000 or more (or less, if required
by another governmental agency) must complete the Contract Compliance Document and abide
by the requirements of the document. Emergency contracts are exempt from this provision.
F. Insurance Certificate
Request for bids, request for proposals, and other agreements for the supply of some goods
and services must include insurance and indemnity clauses as a means of risk management.
The appropriate clauses are included in the Purchasing Division's General Term and
Conditions document. The following examples are types of procurements where the vendor
must provide an insurance certificate to the City:
1.) Contracts for professional or operational services to be performed for the City.
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2.) Public Improvement Projects.
3.) Purchases of goods potentially affecting the life or safety of employees or members
of the public.
4.) Purchases of goods greater than $20,000.
5.) Contracts under which the contractor will have possession of City equipment.
The vendor will be required to submit a certificate of insurance prior to commencement of
work. In the event services are to be provided to the City, the vendor shall also provide a
certificate of insurance showing workers compensation coverage.
The certificate of insurance must meet all requirements set by Administrative Rule.
The City Manager is empowered to set and amend said requirements by Administrative
Rule. Administrative Rules are available on the intranet, or from the Purchasing
Division.
G. Security Bonds and Liquidated Damage Provisions
The following are examples of bonding requirements and provisions that may be included in
a contract between the City and the vendor to assist in the completion of a project. The
decision to require a bid bond or performance bond should be made after consideration of the
type of procurement and potential risks of vendor failure to commence work or complete
work successfully. This subject may be subject to Administrative Rule, as set by the City
Manager.
1.) Bid Bond
The bid security is a guarantee submitted by the vendor, accompanied by a monetary
commitment, by which a third party (surety) accepts liability and guarantees that the
bidder:
a. Will not withdraw a bid within the period specified for acceptance.
b. Will execute a written contract or honor the written acceptance of the
bid /proposal as executed by the Purchasing Division/Public Works Division.
c. Will furnish such bonds, insurance certifications, etc. as required by the bid
documents.
The bid bond, if required, is part of the initial bid or request for proposal. No bid
requiring a bid bond shall be considered unless accompanied by either of the following
forms of bid security:
a. A certified or cashier's check drawn on a solvent Iowa bank or a bank
chartered under the laws of the United States, or a certified share draft drawn
on a credit union in Iowa or chartered under the laws of the United States, in an
amount equal to a minimum of five percent (5 %) of the bid, or
b. A bid bond executed by a corporation authorized to contract as a surety in the
State of Iowa, in a penal sum of a minimum of five percent (5 %) of the bid.
2.) Performance Bond
A performance bond is a requirement of the initial bid or request for proposal which
assures that the vendor will perform under the contract. The vendor is required to
furnish a bond in the amount of 100% of the contract price before the project
commences. The performance bond transfers the risk of default from the vendor to a
bond company and protects the public entity from loss due to the vendor's inability to
complete the contract as agreed.
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3.) Liquidated Damages & Contract Incentives
Liquidated damage provisions are clauses in some contracts that require a specific
predetermined sum to be paid by one party to the other in the event of breach of
contract, such as late completion. It is not (and legally cannot be) a penalty. The
liquidated damages sum constitutes a fair and best estimate of the actual damage
suffered by a party in the event of breach by the other party.
The following is a list of several possible factors to consider in determining
damage figures. This should not be interpreted as an exhaustive list, as each
individual contract delay breach could suggest different damages to the City or the
public.
• Actual monetary loss if applicable
• Staff time (to finish a job, clean up after the contractor, to do anything
that the contractor was supposed to do.)
• Inconvenience to the public (continued detours, loss of use of facilities,
etc.)
• Lost opportunities (for trees to grow or other season - specific activities)
• Lost revenue (such as from parking ramps, etc.)
• Causing us to have to breach other contracts (does the City have to pay
others liquidated damages if the City's work is not done right, or on
time? Will our failure to complete a project well or on time reflect
poorly on our City when trying to recruit businesses and tourism to the
City ?)
• Poor workmanship leading to ugly appearance, air pollution, noise
pollution, odors, etc.
• Any other losses contemplated
The following is an example of a liquidated damages clause:
Liquidated DamaLres
A. Basis for Liquidated Damages:
1.) The City and the Contractor (Vendor, etc.) recognize that time is of the
essence and that the City will suffer financial loss if the work is not
completed within the times or by the dates specified in paragraph
above, (or alternative date as determined by the City), as a result of (list
factors contributing to the liquidated damages amount).
2.) The City and the Contractor (Vendor) recognize and agree that the
delays, expense and difficulties involved in proving and litigating the
actual loss suffered by the City if the work is not completed as scheduled
is substantial and burdensome for both parties.
3.) Accordingly, it is intended that the Agreement between the City and the
Contractor (Vendor) shall include provisions for Liquidated Damages to
be paid for non - completion of the work, but not as a penalty, in
accordance with the provisions outlined below.
B. Terms of Liquidated Damages:
1.) Liquidated Damages in the amount of $ per day will be withheld
from final payment from the City to the Contractor (Vendor) for each
calendar day, or portion of a day, that expires after the dates established
for project milestones in paragraph above (or alternative dates as
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detennined by the City) without the milestone or project being
completed.
2.) If the Contractor (Vendor) abandons the project by words or action,
Liquidated Damages in the amount of $ per day will be paid by
Contractor (Vendor) to the City for each day that expires after the
milestone or project completion date until the project is completed by the
City or the Contractor (Vendor) selected by the City to replace the
Contractor (Vendor).
Contract Incentives
A Contract Incentive is a contract provision that provides a means to reward the
Contractor (Vendor) for reaching predetermined goals to reduce cost, reach a level of
performance above the level contracted for, or produce results that are beneficial and
exceed contract requirements.
The following is an example of a Contract Incentive Clause:
For each day the Contractor (Vendor) completes the project in its entirety before the
beginning of the completion date in Paragraph , the City will pay the
Contractor (Vendor) an additional $
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SECTION VIII. SHIPPING & PAYMENT TERMS FOR CITY PURCHASES
A. Shipping Terms
When purchasing goods from a vendor it is important that the department understands and
designates the appropriate shipping terms. The shipping terms not only determine who has
the legal right to specify the carrier and the routing of any goods purchased, but they also
define the point at which the City takes title of the goods, otherwise known as "free on board"
(F.O.B.), and thus who takes the risk of damage during transit. The most common freight
terms are F.O.B. destination and F.O.B. point of origin.
F.O.B. destination (City of Iowa City Address) — title /ownership of the goods passes to the
department when the goods have been delivered to the City. The cost of shipping and the risk
of loss are borne by the vendor. The vendor is responsible for the goods until they are
delivered.
F.O.B. point of origin (vendor's facility) — title /ownership of the goods passes to the
department at the vendor's facility. The department or division owns the goods in transit and
files any claims. The department or division is responsible for the goods at the origin of
shipment.
Note: Whether the department is making a small or large dollar purchase or signing a
contract, it's pertinent that the shipping terms are carefully reviewed. The shipping terms
will determine which party bears the risk of loss during transportation of the goods. For
instance, if the department selects F.O.B destination and the goods are damaged while in
transit, the department or division is not responsible for the goods since it has not accepted
ownership. The following chart includes additional freight terms that may be used by the
vendor and should be carefully selected by the department making the purchase.
Freight Terms
City Takes
City Responsibilities
Vendor
Title of Goods
Responsibilities
F.O.B. Destination,
At the City's facility
Owns goods in transit
Freight Prepaid
(delivery destination)
Pays freight
F.O.B. Destination,
At the City's facility
Pays freight
Owns goods in transit
Freight Collect
(delivery destination)
F.O.B. Destination,
At the City's facility
Pays freight
Owns goods in transit
Freight Collect and
(delivery destination)
Deducts freight from
Allowed
vendor's invoice
F.O.B. Point of Origin,
At the point of origin or
Owns goods in transit
Freight Collect
the vendor's facility
Pays freight
(factory)
Files claims
F.O.B. Point of Origin,
At the point of origin or
Owns goods in transit
Pays freight
Freight Prepaid
the vendor's facility
Files claims
Adds freight to invoice
(factory)
Note: F.O.B. destination (City of Iowa City Address) is the City's preferred method of
shipping since the seller maintains ownership of the goods until they are delivered. The
cost of shipping (activities performed in preparation of the outgoing shipment of goods,
which may include packaging, weighing, marking, loading, etc.) and the risk of loss are borne
by the seller.
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B. Payment Terms
Unless otherwise specified, the City's standard payment terms designate that payment to the
vendor may be made only after inspection, approval, and final acceptance of the goods or
services. Procurements for construction, capital equipment, professional services and other
labor intensive and /or capital intensive projects may require interim payments. Interim
payments or milestone payments must be clearly defined in written form in order to eliminate
confusion between the City and the vendor. Whether the City makes interim payments or
makes a single payment, it is important that the department not only receives the goods
or services, but performs a complete inspection and confirms that the products received
or the services performed are acceptable before payment to the vendor is made. The
City's ability to remedy a problem is severely hampered if we have already paid the vendor
for the good or services. Advance payment or prepayment for products or services is strongly
discouraged (exclusions: subscriptions, memberships).
Note: Before a department signs a contract for the procurement of goods or services the
payment terms must be carefully reviewed. Payment in advance is strongly discouraged.
Also, the department should review the number of days specified for payment. A department
should not accept payment terms of less than thirty days considering the time it takes to
receive, inspect, and accept the product or service and process the paperwork for payment.
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IX. PURCHASING TERMS AND DEFINITIONS
Bid Bond: A monetary commitment (cashier's check or certified check) made by a third party to
accept liability and to guarantee that the bidder will not withdraw the bid. The certified check or
cashier's check will not exceed 10% of the bid price and will accompany the bid upon submittal.
If an award is made and the successful bidder fails to enter into a contract with the City, the City
is entitled to the entire amount of the bid bond.
Bid Opening: A specified time and date where formal bids are opened and the enclosed
information is publicly read. The bidder's name, price, items offered, delivery, etc. are read
during the opening.
Capital Asset: Assets that have a life expectancy beyond one year and a cost of $5,000.00 per
item or more (examples: land, land improvement, building, equipment).
Capital Outlay/Expenditure: Expenditures for acquiring land, building, equipment or other
property, or for their preservation, development or permanent improvement (i.e. the acquisition or
renovation of capital assets). The threshold for capital outlay is $5,000 per item or more.
Purchases of goods under $5,000 per item are considered supplies.
Cam: Shall mean the City of Iowa City, Iowa.
Competition: The process by which two or more vendors attempt to secure the business of a
third party through the offer of the most favorable price, quality, delivery terms or service.
Contract: A legally binding promise, oral or in writing, enforceable by law.
Emergency Purchase: A purchase made due to an unexpected and urgent request, where health
and safety or the conservation of public resources is at risk.
Evaluation Committee: A group or team of advisors selected to assist in recommending a
vendor for a contract award.
Goods: Anything purchased other than services or real property.
Online Bidding: A procurement process in which an invitation for bid or request for proposal is
posted electronically over the internet in a real -time, competitive bidding event.
Operating Services: The furnishing of labor and time by a contractor or a vendor, which may
involve to a lesser degree, the delivery or supply of products. Examples of contractors providing
operational services are those working within trades, such as plumbing, electrical services, and
ITVAC. Professional and Technical Services are not Operational Services.
Performance Bond: A bond, issued upon award of the contract, that secures the performance of
all tenns, conditions, and agreements stated within the contract by the vendor. A performance
bond protects the buyer from the vendor's inability to complete the contract.
Pre - Solicitation (Pre- Submission Conference): A meeting with prospective bidders or
proposers to clarify the requirements of a contract to be put out for bid or proposal.
Procurement: Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or
construction; includes all functions that pertain to the acquisition, description of requirements,
selection and solicitation of sources, preparation and award of contract, and all phases of contract
27
administration; combining the functions of purchasing, inventory control, traffic and
transportation, receiving, inspection, storekeeping, and salvage and disposal operations.
Procurement/Purchasing Policy: Governing principle which establishes the general parameters
for the organization to follow in carrying out its responsibility for procuring equipment, supplies
and services, etc. in the most efficient and economical method possible.
Professional or Technical Services: Services provided by individuals or organizations
possessing a high degree of technical skill, such as lawyers, physicians, architects, engineers, and
other consultants. Contractors working within trades, such as plumbing, electrical services, and
HVAC are considered as providing Operational Services, not Professional and Technical
services.
Public Improvement:
A building or construction work, which is constructed under the control of governmental entity
and is paid for in whole or in part with funds of the government entity, including a building or
improvement constructed or operated jointly with any other public or private agency, but
excluding urban renewal, demolition, and low -rent housing projects, industrial aid projects
authorized under chapter 419, emergency work or repair or maintenance work performed by
employees of a governmental entity, and excluding a highway, bridge, or culvert project, and
excluding construction or repair or maintenance work performed for a city utility under chapter
388 by its employees or performed for a rural water district under chapter 357A by its employees.
This definition is controlled by Iowa Code, and thus will incorporate any amendments to the
statutory definition. See Iowa Code Section 26.2(3) (2011), as amended, for the controlling
definition. Note - highway, bridge, and culvert projects are controlled by Iowa Code chapter 314,
as amended.
Real Property: Land and its permanently affixed buildings or structures.
Responsible Bidder: A vendor who has the capability in all respects to fully perform the
contract requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder: A vendor who submits a bid or proposal that fully conforms to all
requirements contained within the solicitation.
Request for Bid: A formal method used to procure a specific requirement (goods /services). A
Request for Bid requires the submission of sealed bids and a public bid opening. Award is made
to the lowest responsible and responsive bidder meeting the standards, specifications, and terms
and conditions contained within the solicitation.
Request for Proposal: A formal procurement method similar to a Request for Bid, except that
factors other than price (such as quality, timeliness, experience, ability to meet specifications) are
also considered in making the award.
Risk Management: The identification, measurement and treatment of property, liability, and
personal loss exposures; includes analysis of potential risk situations and insurance needs, as well
as the amount of financial coverage needed to protect the government.
Sealed: The submission of responses to a solicitation in a form that prevents disclosure of the
contents prior to a date and time established by the department or division for opening the
responses.
28
Specification: A detailed description of the physical, functional, or performance characteristics
of a good or service that must be met before a contract is awarded.
Sole Source: A purchase to fulfill a need for a commodity or service where there is only one
product or service that meets the department's needs, and there is only one vendor offering the
product or service. Only one vendor possesses the unique and singularly available capability to
meet the requirements (technical specifications) of the solicitation.
Surplus: Supplies or commodities that have completed their useful life and no longer have use to
the original consumer, but may have some purpose or alternative use to another department
within the City, or to an individual or entity outside the City.
Tax Exempt: The City is exempt from all Federal, State of Iowa, and other states' tares on the
purchase of commodities and services used by the City of Iowa City within the State of Iowa.
Vendor: A supplier /seller of goods or services
29
� t
r
�4_4� CITY OF IOWA CITY
MEMORANDUM
Date: April 17, 2012
To: Iowa City Council
From: Eric Goers, Asst. City Attorney
Re: Minor amendments to Purchasing Manual
Following further Department head review, we have chosen to make four minor changes to the
language of the Purchasing Manual. Two changes relate to City Manager authority to approve
purchases. Two changes clarify guidance related to public improvement projects. So as to
avoid the redistribution of the entire Purchasing Manual, below I will outline each change, where
the change appears in the Purchasing Manual, and present the amended language. For
clarity's sake, I will underline added text, and use a strike - through font for deleted text. If the
changes meet with your approval, you should move the adoption of the Manual with the
changes set forth in this Memo.
The first change is made to accurately reflect the limitations placed on City Manager spending
authority by Council Resolution 11 -377. The change is made under the heading of "Authority to
Purchase, on page 3. The new language appears as follows:
D. Authority to Purchase
City Council
Any spending authority not delegated by City Council is retained by City Council.
The City Council determines expenditure levels through the formulation and approval
of an Annual Operating Budget and Capital Improvements Program. In performing
this policy- making function, the City Council establishes a set of goals, priorities, and
performance standards which the City organization directs its collective efforts
toward accomplishing.
The adoption of the Annual Operating Budget is the approval of a level of
expenditures necessary to accomplish the goals and objectives that have been
established by each City program. With the exception of specific statutory
requirements for Public Improvements, and subject to the limitations imposed by
Council resolution on City Manager spending authority, no further Council action is
required to initiate purchases within the budget (See Section III (D) of the Purchasing
Policy Manual for more on Public Improvements). However, it is intended that the
City Council will approve final disbursement of all public funds, as well as specific
changes in program funding levels, upon the recommendation of the City Manager.
Pursuant to a passed resolution, Council may designate an employee to sign a
contract. As a general rule, all contracts and other transactions with other public
bodies, such as Johnson County, the State of Iowa, or the United States
government, are subject to City Council approval. Also, it should be noted that there
may be additional requirements for certain transactions that would dictate deviation
from these rules.
April 17, 2012
Page 2
The second change relates to the first. Council limited the City Manager spending authority in
Resolution 11 -377. Council has before it this evening a revised version of that resolution that
incorporates minor changes contained in the Purchasing Manual. This has been done to
accommodate the tight timing requirements of the State road salt bid. The change will be to
amend the Purchasing Manual to reflect the adoption of the new Resolution, should Council
choose to do so. The amended language, which is found on page 4 of the Purchasing Manual,
is as follows, with the Resolution number to be filled in once it is assigned.
E. Signature Approval Requirements
The following describes the signature approval required for the purchase and payment of
different categories of procurement. The guidelines listed below address only the signatures
required — not whether the project needs to go out for quote, bid, or RFP. Those guidelines
are listed in Section III of the Purchasing Manual. The Department must have budget
authorization prior to any procurement. Resolution No. 12- passed April 17, 2012,
addresses the dollar thresholds laid out below.
The third change relates to the amount of detail offered for staff attempting to determine
whether their project qualifies as a public improvement, and would thus be subject to those
requirements. Although the present language accurately quotes Iowa Code in this regard,
readers of the language excluding horizontal infrastructure (roads, bridges, and culverts) from
Iowa Code Chapter 26 could infer that those projects are not subject to State statutory
requirements, when they are in fact subject to restrictions very similar in nature found in Iowa
Code Chapter 314. Our Public Works department already has an excellent understanding of
their statutory duties, so little is needed to offer them further instruction. However, other
departments who engage in these projects less frequently are in need of some guidance, which
this language is aimed at addressing, while attempting not to overwhelm the reader. It is for
these reasons that many of the less frequent exceptions have been stricken, while maintaining
the messages that such projects are subject to State requirements, and that departments
should ask the City Attorney's Office if they are unsure whether their project qualifies. The
amended language, which appears on page 13 of the Purchasing Manual, reads as follows:
D. Public Improvement Definition and Procurement
This section defines the procurement procedures for public improvement projects, which differ
significantly from the procedures used to procure goods and/or services. A public improvement is
defined as, "a building or construction work, which is constructed under the control of a
governmental entity and is paid for in whole or in part with funds of the government entity, including
a building or improvement constructed or operated jointly with any other public or private agency.
This definition is entirely controlled by Iowa Code Section 26.2 (3) (2011) as amended and features
some exclusions, including, but not limited to, h»fi ••:bu;� m ' d lift d
a ,
mergency work or
April 17, 2012
Page 3
repair or maintenance work performed by employees of a governmental entity; and exeludifig-a
hig"�ay, bfid e, thee et, and °. _hiding _onstruction or repair or maintenance work
yr
performed for a city utility under- Mwa Code e.hapte 3 by its employees
„ « „• Publie
and thus , J \ J\ /, as uauuavcza.
If the procurement meets the definition of a public improvement project, or there is a question
whether the project qualifies as a public improvement project, acquiring departments should consult
with the City Attorney's Office for direction.
The final change again relates to public improvement projects. In the Definitions section at the
end of the Purchasing Manual, we have chosen to maintain the actual statutory definition from
Iowa Code Section 26.2(3). However, to address the Iowa Code chapter 314 restrictions on
horizontal infrastructure, we have added language to direct readers there. The definition
appears on page 28 of the Purchasing Manual, as follows:
Public Improvement:
A building or construction work, which is constructed under the control of governmental
entity and is paid for in whole or in part with funds of the government entity, including a
building or improvement constructed or operated jointly with any other public or private
agency, but excluding urban renewal, demolition, and low -rent housing projects,
industrial aid projects authorized under chapter 419, emergency work or repair or
maintenance work performed by employees of a governmental entity, and excluding a
highway, bridge, or culvert project, and excluding construction or repair or maintenance
work performed for a city utility under chapter 388 by its employees or performed for a
rural water district under chapter 357A by its employees. This definition is controlled by
Iowa Code, and thus will incorporate any amendments to the statutory definition. See
Iowa Code Section 26.2(3) (2011), as amended, for the controlling definition. Note -
highway, bridge, and culvert projects are controlled by Iowa Code chapter 314 as
amended.
Should you have questions, please do not hesitate to contact me.
Cc: Tom Markus, City Manager
Geoff Fruin, Asst. to the City Manager
Eleanor Dilkes, City Attorney
Mary Niichel, Purchasing Agent
Marian Karr, City Clerk
r
CITY OF IOWA CITY 27
MEMORANDUM
Date: April 10, 2012
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant to the City Manager
Re: Purchasing Manual Adoption
Introduction:
The policies that govern the manner in which the City procures goods and services have not
been updated in over three decades. In many cases, these policies do not project well in today's
business climate and thus are not uniformly applied throughout the organization. As a result,
various divisions within the City approach the procurement process in different ways. The lack
of uniformly applied purchasing policies leads to several problems that can create otherwise
avoidable risk for the City and may unnecessarily restrict the City from benefitting from the most
competitive procurement environment. Staff, along with the City Council, have recognized this
concern and subsequently noted the creation of a new purchasing manual as a priority in the
recently adopted strategic plan.
Staff from the Finance and Legal Departments, as well as the City Manager's Office, have
worked diligently to draft a modern purchasing manual. We firmly believe that this set of
procurement policies and regulations will create a more streamlined, yet competitive and fair
environment for all parties, while ensuring appropriate accountability and minimizing future
procurement risk for the City. Additionally, the purchasing manual initiates a new local
preference policy, which aims to keep a greater amount of City business in Johnson County
while still ensuring that the most competitive prices are obtained when using public funds.
History / Background:
The City's purchasing policies were last updated in 1980. Many of the provisions have been
outdated for several years and thus departments have informally developed procedures that
better reflect the current business environment in which they operate. For example, the current
policy requires that all purchases over $5,000 are made through a sealed bid or request for
proposal (RFP) process. This is not a practical threshold and would not only consume
considerable staff time, but would also be a deterrent to vendors who would view the process as
being too cumbersome for the dollar value of the good or service.
The result of the lack of updated policies has in many cases led departments to operate
independently. The lack of guidance and supporting policy not only exposes the City to possible
risk and criticism, but it can also confuse contractors and vendors who are asked to follow
different procedures depending on the item or service being procured. This environment does
not lend itself to efficient internal operations and may prevent the City from obtaining the most
competitive pricing in the marketplace.
Discussion of Solutions:
In drafting the new purchasing manual, staff aimed to create uniform policies that accomplish
the following goals:
April 10, 2012
Page 2
1. Protect the City from unnecessary risks in the procurement process
2. Create a clear set of policies that encourages competition and ensures the equitable
treatment of all stakeholders
3. Provide a clear understanding of the procurement process so that all parties are held
sufficiently accountable
4. Introduce a local preference policy that aims to keep public funds in Johnson County
while ensuring the most competitive prices are obtained
The most significant components of the proposed purchasing manual are detailed below:
Budget Authority
The City Council adopts an annual operating and capital improvement budget. The budget
authorizes line item expenditure levels for the specified fiscal year. Due to changing priorities
and circumstances, it is common that staff will seek budget adjustments throughout the year.
The purchasing manual specifies that prior to any expenditure being finalized, staff must have
the budgetary authority granted by the Council or must obtain a budget adjustment consistent
with existing City policy. The manual does contain an exemption for emergency purchases.
Expenditure Approval Authority
The purchasing manual permits staff to initiate a purchase or service contract. However it
requires approval authority based on the type and amount of the expenditure. Those guidelines
are summarized below:
Goods Commodities, Capital Outlay and Operational Services
$20,000 or less = Department Director approval
• Greater than $20,000 but no greater than $150,000 = City Manager approval
• Greater than $150,000 = City Council approval
Professional and Technical Services
• $20,000 or less = Department Director approval
• Greater than $20,000 but no greater than $50,000 = City Manager approval
• Greater than $50,000 = City Council approval
Procurement Procedures and Permitted Exceptions
The process that the City uses to procure its goods and services is perhaps the most critical
element to the purchasing manual. These procedures are aimed to streamline government
operations, encourage a fair and competitive business environment, and make certain that the
City minimizes risk and is accountable to our taxpayers.
All public improvement projects are governed by State of Iowa law and thus follow those
prescribed procedures. The purchasing manual prescribes the following procedures for all other
expenditures:
Goods Commodities, Capital Outlay and Operational Services
• $5,000 or less = competitive pricing (no formal procedure)
• Greater than $5,000 but no greater than $20,000 =Minimum 3 quotations
Greater than $20,000 = Formal sealed bids or request for proposal
Professional and Technical Services
$10,000 or less= competitive pricing (no formal procedure)
• Greater than $10,000 but no greater than $50,000 =Minimum 3 quotations
• Greater than $50,000 = Formal sealed bids or request for proposal
April 10, 2012
Page 3
Local Preference Policy
In an effort to support the Johnson County business community and keep public funds in the
local economy, staff is recommending that the City Council adopt a local preference policy as
part of the purchasing manual.
There are several different models that such a policy can emulate. In some communities, the
local governments will pay a higher price for a good or service if it is being offered by a local
business. In this case, staff is recommending an alternative model that would allow a local
business that submits a quote or bid by the established deadline, and that falls within 5% of the
lowest submitted bid, to have the opportunity to match the lowest price submitted. It was
determined that this approach will accomplish the goal of keeping more business local while
also ensuring that the most advantageous pricing is obtained.
The local preference policy would not apply to Public Improvement projects, goods and services
acquired through the Request for Proposal process, or purchases utilizing Federal funding. All
businesses located within Johnson County, including franchises and branch operations would
be eligible to benefit from this provision.
Financial Impact:
There is no direct financial impact that will result from the adoption of this purchasing manual.
However, it is staff's belief that the policies contained in the manual will facilitate greater
competition and ultimately will have a positive impact on future expenditures.
Recommendation:
I am recommending that the City Council adopt the proposed purchasing manual. The policies
contained in the manual have been reviewed by our various departments and the Chamber of
Commerce Local Government Subcommittee. As staff and the business community gain more
experience with the provisions contained in the manual it should be expected that some
modifications may need to be pursued at some point in the future. Such changes would require
City Council approval, unless stated otherwise within the adopted purchasing manual.
Assuming adoption of the manual, we will need to make certain that all employees involved in
the procurement process are educated and trained on the new processes and policies.
Furthermore, we will need to continue to work with the local business community through the
Chamber of Commerce to ensure that the new policies are appropriately disseminated to the
business community and are achieving the intended goals.
PURCHASING POLI
MANUAL
1
iL-"
CITY/OF
P
v
WA CITY
TABLE OF CONTENTS
SECTION I INTRODUCTION
Purpose
Employee Responsibility
Waivers /Changes to the Manual
Authority to Purchase
Signature Approval Requirements
SECTION II PURCHASING DIVISION
Mission Statement
Role of the Purchasing Division
Objectives of Purchasing
Purchasing Cycle
Copiers and Fax Machines
urchasina Staff
SECTION III
Types \f Solicitations
Method f Solicitation
Dollar T sholds
Public Impr vement Definition
Advertising P blic Bids and R
Surplus Equip nt Transfery
Page 3
Page 3
Page 3
Pages 3 -4
Pages 4 -fj
F 7 7
s 7 -8
Pages 8 -9
Page 9
Page 9
S/D LAR THRESHOLDS
Page 10
Pages 10 -11
Pages 11 -12
Procurement Page 13
t for Proposals Page 13
al Page 13
SECTION IV EXCEPTIONS CO ETITIVE PURCHASING
Emergency Purchas s Page 14
Sole Source Pages 14 -15
Cooperative Purchas' Page 15
SECTION V INFORMATION TEC NOLOGY PROCUREMENT POLICY
Purpose
Page 16
Responsibilit
Page 16
Procedures
Pages 16 -17
SECTION VI LEGAL EQUIREMENTS
Gratui 'es/ Gift Law
Page 18
Proh' ited Interest in Public Contr cts Policy
Page 18
Lo 1 Preference Policy
Page 18 -19
S to and Federal Funding
Page 19
onated Funds
Page 19
Professional and Technical Service Cont cts
Pages 19 -20
Record Retention
Page 20
Public Record
Page 20
SECTION VII REQUIRED DOCUMENTS FOR CITY P
CHASES
Purchase Requisition
Page 21
Purchase Order
Page 21
Tax Exempt Certificate
Page 21
General Terms and Conditions Document
Page 21
Contract Compliance Document
age 21
Insurance Certificate
P es 21 -22
Security Bonds, Liquidated Damage Provisions,
and Contract Incentives
Pag 22 -24
SECTION VIII SHIPPING & PAYMENT TERMS FOR CITY PURCHASES
Shipping Terms
Payment Terms
Page 25
Page 26
SECTION IX PURCHASING TERMS AND DEFINITIONS Pages 27 -29
A. Purpose
B.
SECTION I. INTRODUCTION
The purpose of this manual is to define the City of Iowa City's purchasing policies in order to
establish uniform purchasing practices throughout the City's departments and divisions. The
policies defined in this manual are to encourage competition while promoting fair and
equitable treatment of individuals who participate in the procurement process. In the event
there is a separate funding authority with its own procurement policy, the departments and
divisions shall follow both the funding authority's rules, as well as the City's purchasi g
policies. If they conflict, the more stringent policy shall prevail. The Iowa City Pu 11 s
Libr and Iowa City Airport are managed by their own separate governing bodi and adopt
their o purchasing policies. All other City entities are governed by this Purc ing
Manual. 11 Public Improvement projects are managed by the City's Engine mg Division,
instead of a Purchasing Division, and are subject to all requirements of Io a Code. Non -
Public Impr ement procurements made by the Engineering Division re in subject to the
Purchasing M al.
It is the individual resp sibility of each employee involved in a procurement process to
understand the intent and a meaning of the policies and the rocedures stated in this
manual. If there is any que tion or concern relative to eithe the policies or procedures, or the
ability of the employee to re and effectively to the requi3hments of the procedures, then it is
the responsibility of the emplo ee to bring it to the atte on of the Purchasing Agent
immediately. Employees failin o follow the purchas' g policies may be subject to
discipline.
C. Waivers/ Changes to the Manual
The City Manager may, for good reason )thh
a purchase that is not in compliance witapplicable law. The City Manager or deCity Council action. Any other change
D. Authority to Purchase
City Council
tent with the purposes of these policies, allow
policies if the waiver is not inconsistent with
;ay amend this Purchasing Manual to reflect
i ual must be approved by the City Council.
Any spending authority not d egated by City Council is ret ' ed by City Council. The City
Council determines expendIjAwe levels through the forinulatiofts approval of an Annual
Operating Budget and Capital Improvements Program. In perfo ing this policy- making
function, the City Coun�fl establishes a set of goals, priorities, and erformance standards
which the City organi tion directs its collective efforts toward accohkplishing.
The adoption oft Annual Operating Budget is the approval of a level o expenditures
necessary to accphiplish the goals and objectives that have been established y =nts, ity program. Wit the exception of specific statutory requirements for Public Im no
further Coun it action is required to initiate purchases within the budget (See S tion III (D)
/theasing Policy Manual for more on Public Improvements). However, it 'i's intended
y Council will approve final disbursement of all public funds, as well as ecific
program funding levels, upon the recommendation of the City Manager. P suant
resolution, Council may designate an employee to sign a contract. As a gene tracts and other transactions with other public bodies, such as Johnson Coun Iowa, or the United States government, are subject to City Council approval.
E.
Also, it should be noted that there may be additional requirements for certain transactions that
would dictate deviation from these rules.
City Manager
The City Manager is delegated the responsibility by the City Council to carry out the i0licy,
direction, and goals of the City Council. It is his/her responsibility to manage the ual
Operating Budget in such a way that the goals and priorities of the City Council e
accomplished. All recommendations for changes in general purchasing policy ill be made
with the prior approval of the City Manager.
City Departme are responsible for meeting the goals and objectiv established by City
fund Council and the ' Manager, and are provided budget fun to et these goals. With the
approval of the Dire c r of Finance and the concurrence of the C' Manager, departments
may initiate internal rea cation of their budget funds as need within the guidelines
established by the Finance epartment. Although the City uncil has established goals and
levels of expenditures for ea program, appropriation is t a permit nor a directive to
expend funds unless the need the item continues to a st at the time for purchase and the
price of the item is within the p eters of the budget In addition, these criteria must be
weighed ultimately against the una ilability of fun and the relationship of the depart ment
goals to the overall City priorities. F
expenditures be authorized prior to pur
signature on a purchase requisition, the
services in question. In instances wher e
interdepartmental memorandum, budge
required.
Note: Budget authorization for the
responsibility to follow the City's p
manual. ,
proper ma gement control, it is necessary that
ase. T ' authorization will be in the form of a
c equ st, or other approved forms for goods and
ad ' onal justification is required, an
t re s' n, or budget amendment form will be
of nds does not negate a department's
licie d bid thresholds stated within this
The following describes the gnature approval required for the urchase and payment of
different categories of proc rement. The guidelines listed below address only the signatures
required — not whether th project needs to go out for quote, bid, or P. Those guidelines
are listed in Section III the Purchasing Manual. The Department m t have budget
authorization prior to 9ty procurement. Resolution No. 11 -377, passed ovember 22, 2011,
addresses the dollar t resholds laid out below.
1.)
,fires of $20,000 or less: Appropriate Department Director or
required.
s greater than $20,000, but no greater than $150,000: Appropriate
Director and City Manager or designee signatures required.
Expenditures greater than $150,000: Appropriate Department Director and City
Manager or designee signatures as well as City Council approval required via signed
resolution. Because rock salt is typically purchased through the cooperative bidding
process through the Iowa Department of Transportation, and the time period between
DOT notification and the deadline for City commitment is shorter than would allow
City Council approval, the City Manager is granted signature authority for the
4
purchase and payment of rock salt through the DOT contract, even if that purchase
exceeds $150,000.
2.) Professional and Technical Services
3.)
Professional and Technical Services include services provided by consultants or
individuals or organizations possessing a high degree of technical skill, such as la ers,
physicians, architects, and engineers. The requested services may include info tion,
professional advice, training, or direct assistance. Contractors working withi ades,
such as plumbing, electrical services, and HVAC are considered as pro 'dip Operational
Services, not Professional and Technical Services. It is the responsibility f the
requesting department to confirm that the contractor possesses the skill required to
perforn the job. Cost remains an important consideration in securin rofessional and
Technic 1 Services.
Department irectors must confirm that the service provider d s not appear on the
Prohibited Inte t ListNdInterest maintained by the Accounting Divisi n. Written contracts should
contain the Proh in Public Contracts Policy 1 ge, found on page 18.
Any procuremenal or Technical Services i excess of $10,000 must take
the form of a wr All written Professiona and Technical Service
Contracts, regaar value, must be app ved by the City Attorney's
Office before sgin.
Professional and Technical Se ice Contract of $20,000 or less: Appropriate
Department Director signature, d signed ontract approval by the City Attorney's
Office required. Contracts under 0,00 eed not be in writing.
Professional and Technical Service C A tracts over $20,000, but no greater than
$50,000: City Manager or designee d propriate Department Director signatures,
and signed contract approval by t City Attorney's Office required.
Professional and Technical Se ice Contracts greater than $50,000: City Manager
and appropriate Department pirector signatures, igned contract approval by the City
Attorney's Office, and appr val by the City CounN required.
One Year
City Council signatur approval is required for any lease of real roperty from another
party for more than e year. City Manager signature approval an Department Director
approval is require for the leasing or rental of equipment for more t one year. All
written lease co acts for real property or rental of equipment from an er party must
be reviewed a approved by the City Attorney's Office. For any lease to er than one
year for eith real property or equipment rental, a copy of the signed lease s ould be
forwarded the Accounting division.
The Ci allows the leasing or rental of equipment or building(s) if all of the follov g
rce ments are met:
/. Funds are budgeted and available to the requesting department; and
2. The period of time involved does not extend beyond fund availability; and
. It is not the intent of the initial rental to transition into a lease /purchase option.
Tyne of Procurement
Signatures Reguired
rock salt contracts, for which no City Counct
City
Council
City
Manager or
Designee
Department
Director
Desi n
Commodities, Operational Services, Capital
Outlay, and Lease of Real Property or Rental of
EquipTfnt for one year or less:
Ex enditu s of $20,000 or less
X
Expenditures gre r than $20,000, but no greater than
$150,000
X
X
Expenditures eater than $ 0,000
X*
X
Professional and Technical Sery es:
Expenditures of $20,000 or less
X
Expenditures greater than $20,000, but no gr ter tha
$50,000
X
X
Expenditures greater than $50,000
X
X
X
Lease of Real Property or Rental of EqAipment for
More than One Year:
Real Property leased from another p#Ay
X
X
X
Rental of Equipment
X
X
rock salt contracts, for which no City Counct
SECTION II. PURCHASING DIVISION
A. Mission Statement
To provide quality service to City departments, protect the City's legal interests, and act
responsibly on behalf of the public by maintaining the integrity of the City's procure of
system through the encouragement of open competition and the impartial and fair t atm
of vendors.
B. Role of the Purchasing Division
The Purchofffig Division is a division of the Finance Department and is der the direction
and supervi 'on of the Director of Finance. The role of the Purchasing ivision is to provide
assistance to ity employees in the purchase of commodities and/or rvices, the disposition
of surplus prop %mai the processing and delivery of City mail. addition, the Purchasing
Division providmation to the general public regarding the peration of the City and its
departments. Tresponsibilities of Purchasing include:
1.) Assisting departmNkts in the preparation of bid and /equest for proposal documents.
2.) Reviewing bid and requ t for proposal docume is for conformance to City, state,
and federal requirements.
3.) Coordinating the issuance and a rtisem t of requests for competitive sealed bids
and request for proposals.
4.) Assisting bidders with questions
5.) Opening sealed bids at public
Division).
and request for proposals.
are prepared by the Purchasing
6.) Opening sealed proposals coordinating the evaluati process.
7.) Providing recommendati ns for contract awards.
8.) Completing the requitkd documents and securing the appropriatlsignatures to make
an award. � \\
9.) Assisting departments in the administration of vendor contracts.
10.)Assisting dep rtments with the informal competitive bidding process.
11.)Disposin of surplus property by transfer between departments, by competitiv sale,
or by iss ance to a nonprofit organization.
departments with mail procedure questions.
13rivesof orming departments of any changes that occur within the postal industry.
C. Ob'e Purchasin
/Tassist City Departments with their purchasing needs by:
.) Complying with all applicable state and federal laws.
7
2.) Encouraging fair and open competition among vendors through negotiation,
competitive bidding and contract buying.
3.) Developing a cooperative relationship between the Purchasing Staff and the vendor
and between the department and the vendor.
4.) Assisting in the preparation of the documents required to purchase commodities
services that meet all user specifications.
5.) Providing the necessary terms and conditions and contract language to prot t the
City from unforeseen contractual issues and /or risk management issues.
6.) Insuring timely delivery of the products and services at the right pr' e.
7.) Pro v ing current information on new products a/services, ernative materials and
costs.
8.) Insuring that P chase Orders and contracts contay conditions such as
quantities, warran 'es, shipping instructions, f.o.by and
indemnification to credit terms, and discount
9.) Maintaining adequate re es of 'and catalogs.
10.)Participating in establis programs and contracts with other
government entities.
D. Purchasina Cycle
The purchasing cycle consists of four Xsic steps. The steps are listed below to provide
guidance to departments and define e Purchasing ivision's involvement in the
procurement of goods and service for the City.
1.) Requirements Deter ination
The need for a goo or service is recognized by the epartment.
2.) Procurement cision
The method o purchase is determined based on the doll value and the type of good
or service b ng purchased. If the Purchasing Division's a istance is required (see
bid guidel' es), the department or division contacts the Purc asing Division with the
3.) 7a. rement Process
The Purchasing Division works with the department to crea a request for
quote, request for bid or request for proposal.
b. The Purchasing Division posts the solicitation to the City's websit and
contacts vendors to confirm that they have received the e-mail notifi tion of
the posting.
c. The Purchasing Division, with the collaboration of the department, serves
a single point of contact for vendors with questions, assuring a uniform
distribution of information to all interested vendors.
d. With the approval of the City Manager, the Purchasing Division may create a
pre - qualification program for vendors in certain classes of procurement.
e. Responses (bid or proposal submittal) to the solicitation are received through
the City Clerk's office where they are time and date stamped.
f. All bids are publicly opened by the Purchasing Division. If the solicitation is
a request for proposal, the Purchasing Division will review all proposals
received for completeness and adherence to the specifications of the
solicitation. The proposals that are determined to be complete w' 1 be
distributed to the evaluation committee for review (see Reques or Proposal
description, Section III, for proposal guidelines). The City r96,
rves the right
to reject any incomplete bid or proposal, or all bids or propKsals, in the event
the City determines none of them sufficiently meet the ' 's needs.
g. The Purchasing Division tabulates the responses an Oflorwards the tabulation
to the department for approval of the award reco endation and signature.
h. The Purchasing Division makes an award one appropriate signatures have
been received and required documents have een submitted by the vendor
receiving the award. The City Attorney's ffice must approve the general
\Attey's nditions that are included i city contracts. Any contract not
terms and conditions mu be approved and signed by the City
ffice.
ng Division prepar the Purchase Order /contract and sends it to
vendor for execut' n.
4.) Contract Administratiol�
a. The Purchasing Div
any service, quality,
The Purchasing Div
b. The Purchasing Dxisi
E. Comers & Fax Machines
nisters the contract, including assisting with
y issues that occur during the contract period.
ves the City Attorney's Office as needed.
department with contract renewal.
In addition to the responsib' sties listed above, the PurchaXng Division is responsible for
procuring and mision e City's inventory of photocop\the achines.
F. Purchasing Sta
The Purchasing udes staff certified in the Publi Profession. City
employees requce with purchasing issues can cchasing Division at
356 -5078.
9
SECTION III. PROCUREMENT PROCEDURES AND DOLLAR THRESHOLDS
A. Types of Solicitations
B.
1.) Informal Competitive Procedure: A competitive selection process in which the
user department or the Purchasing Division makes an effort to contact at least
three prospective and qualified vendors to provide a telephone or written quote
for the required goods and/or services.
2.) Formal Competitive Procedure: A competitive selection process in which e
Purchasing Division or the Public Works Department issues a solicitation quest for
bid or request for proposal) for goods and/or services. The formal proce res include
the manner and condition in which bids or proposals are received; and a procedure
by which bids or proposals are opened, evaluated, and rejected or a ded.
The method procurement for City departments shall be in accord ce with the Purchasing
Manual and sh consider the nature and circumstances of the sp ific procurement. The
methods of procure nt are listed below.
1.)
2.)
A Request for Bid is a al method used to s icit competitive sealed bids for a
good and /or operational se ice valued at gre er than $20,000. Professional Services
are typically put out for Requ t for Propos A bid is submitted to the City Clerk's
office in a sealed envelope and i not ope ed until a specified time and date,
otherwise known as a public bid o ni Award of the bid is made to the lowest
responsible and responsive bidder eeting the standards, specifications, and terms
and conditions contained within the o itation. Bids not received by the stated due
date and time will be rejected.
A Request for Proposal is formal method used t olicit competitive sealed
proposals that includes of the information contai d within a bid as well as other
criteria for evaluation., form of solicitation is not aluated on price alone;
criteria including, b not limited to, the following may b used in evaluating
proposals: the qu ty of the product or service, company r onsibility and history,
references, finan al stability, technical expertise, warranties guarantees, price,
compliance wi the specifications, management /customer servi and contract
terms. The c teria used and the value placed on the criteria will de end on the goods
and /or the rvices solicited.
Propos s are received by the City Clerk's office; proposals received after e due
date d time may be rejected. The Purchasing Division reviews the submi d
pro osals to make sure that they are complete. Only those proposals that are
c nsidered complete, otherwise known as responsive, are dispersed to an evalua ' n
committee. The evaluation committee, which will consist of representatives from E
the department making the purchase and other representatives appointed by the
department, will receive the complete proposals with oral and written instructions
from the Purchasing Division regarding the evaluation process. The evaluation
committee may elect to meet as a group before the evaluation process begins. All
proposals will be evaluated on an individual basis. Several scoring/evaluation
methods, including a committee average, weighted scores, and pass -fail criteria, may
be used to evaluate the proposals. During the evaluation process each committee
10
member must keep an individual tabulation and notes of how he /she arrived at his/her
decision.
Once the evaluation committee has reviewed and scored the proposals, the evaluation
committee may meet to discuss the proposals and the evaluations. During this time,
items in question will be discussed. The evaluation committee may decide to make
an award or elect to request clarification on the proposals. During this time, all
contact with the vendor will be conducted solely through the Purchasin Division's
point of contact, and responses will be presented in writing to the com ttee. The
evaluation committee may also request an oral presentation to assist w' the final
decision to award.
Once a recommendation for award has been made and it has be determined that the
prospective awardee has met the standards, specifications, ancy erms and conditions
contained within the solicitation, the Purchasing Division wo route the
ecommendation for authorized signature approval. Afte equired signature
a royal has been received, the Purchasing Division wil send a letter announcing the
away c all of the vendors who have submitted a pro sal. The Purchasing Division
will then cure the appropriate documents from the elected vendor and issue a
Purchase Or r for the contract.
Note: During the 11 P process all
submitted proposals, ill be kept c
the Purchasing Divisio .
3.) Request for Quote (RFO)
✓including, but not limited to the
until a formal award has been made by
A Request for Quote is Anward ethod of solicitation. The buyer will seek a
minimum of three quotaward will be made to the vendor who provides
the quote with th e best cf st and quality for the specified good or
service (See the bid threor th dollar amounts that apply to telephone
quotes and written quoteC. Dollar Thresholds EXCLUDI IMPRO MENTS
The following chart is intend to provide departments with idelines to follow based on the
dollar value of the goods a or services being purchased. As ted in the chart, the
Purchasing Division will so provide assistance to departments u on request for purchases
that fall below the form bid threshold.
Note: Freight, handyng, and installation costs are included in all dollarNimits stated above.
Note: City detments are strictly prohibited from dividing pure
o
parts in order avoid the bid threshold requirements listed in the
11
into separate
kine chart.
Dollar Value of Purchase
Method of Procurement
Documentation Required
Commodities, Operational Services,
Capital Outlay, and Rental of
Equipment:
$5,000 or less
No set procurement procedure:
Proper Signature Authority
Pricing obtained must be reasonable.
Greater than $5,000 but no greater
Informal Competitive Procedure:
ye (purchaser) must
than $20,000
Minimum of 3 Telephone or
t date, name of the
Written Quotes.
ame of company
tive, description of good
Note: Upon request from the internal
/and/oservice
ice (manufacturer, model
department, the Purchasing Div ision
ons, etc.), delivery date,
will obtain quotes for goods or
ms, and dollar amount.
services in this dollar range.
All documentation regarding the
informal quotation must be kept by
the purchaser for audit purposes.
Proper Signature Authority
Greater than $20,000
Compe 'tive Bidding ocedure:
Formal Bid/Request for Proposal
Formal aled Bid quest for
Document
Proposal t ugh rchasing Division
or Public Wo s epartment.
Proper Signature Authority
Professional and Technical
Services:
$10,000 or less
No set pfocuremenit pr cedure:
Proper Signature Authority
Pricin obtained should be
reas able.
Greater than $10,000 but no greater
In rural Competitive Proce re:
City employee (purchaser) must
than $50,000
inimum of 3 written proposa
document the date, name of the
company, name of company
Note: Upon request from the inte 1
representative, company
department, the Purchasing Division
qualifications, description of service
will obtain quotes for goods or
to beprovided, completion date, and
services in this dollar range.
p ent terms.
Al ocumentation regarding the
infor al quotation must be kept by
the pur audit purpo ses.
\aser
Proper Authority
Greater than $50,0 0
Competitive Bidding Procedure:
Formal Bid/Requ posal
Formal Sealed Bid/Request for
Document
Proposal through Purchasing Division
\Autho
or Public Works Department.
Proper Signature
12
D. Public Improvement Definition and Procurement
E.
F.
This section defines the procurement procedures for public improvement projects, which
differ significantly from the procedures used to procure goods and/or services. A public
improvement is defined as, "a building or construction work, which is constructed under the
control of a governmental entity and is paid for in whole or in part with funds of the
government entity, including a building or improvement constructed or operated jointly with
any other public or private agency, but excluding urban renewal demolition, and low -rent
housing projects, industrial aid projects authorized under Iowa Code chapter 419, emerge cy
work or repair or maintenance work performed by employees of a governmental entity d
excluding a highway, bridge, or culvert project, and excluding construction or repair r
maintenance work performed for a city utility under Iowa Code chapter 388 by it mployees
or performed for a rural water district under Iowa Code chapter 357A by its a oyees."
"Pu is Improvement" is defined, and thus controlled, by Iowa Code. See I a Code Section
26.2N (2011), as amended.
If the procure nt meets the definition of a public improvement prof t, or there is a question
whether the projealqualifies as a public improvement pro/requirements. ing departments should
consult with the City Attorney's Office for direction.
Note: Under Iowa CodXection 26.5, departments ard from dividing the
project into separate pder to avoid the thresh
All Public Improvement projects managed by the ty's Engineering Division, instead of
the Purchasing Division, and are sub' ct to all requi ments of Iowa Code. Non - Public
Improvement procurements made by t Engine��g Division remain subject to the
Purchasing Manual.
With the emergence of electronic procur ent, th ity of Iowa City's public website has
become one of the main advertising re urces for fo \for proposal solicitations. The
Purchasing Division utilizes the web to to post Reqosals, Request for Bids,
addendums, and bid results for co odities, servicend equipment, and
construction projects. The Purch ing Division will retion in determining other
appropriate methods of adverti ng bid and proposal
If a department no lon r has a use for surplus vehicles and equipment, ' cluding, but not
limited to, office fu ture, heavy equipment, and computer equipment, th department should
contact the Purch ng Division to assist with transfer or disposal. The Pur asing Division
may contact oth City divisions to determine whether they may have use for e surplus
equipment. If o City department has use for the item, the Purchasing Division ay dispose
of it throug ublic bidding (on- line), sealed bidding, the sale or transfer to other
governor tal agencies, or through donation or sale to a non - profit organization.
The partment requesting the transfer /disposal of the equipment shall provide the
Pu hasing Division with a description of the item (color, measurements), make, model,
rial number, condition of the item, and any other pertinent information required to assi
with transfer /disposal.
13
SECTION IV. EXCEPTIONS TO COMPETITIVE PURCHASING
All procurements that are exempt from the competitive process must have appropriate
justification for exemption. The department initiating the purchase must complete a form for
exemption from the bidding procedures before the purchase is made. The form can be obtained
from the Purchasing Division. Once the form has been completed by the department and signed
by the department director, the department should forward the form to the Purchasing Division.
The Purchasing Division and the City Attorney's office will review the completed form. The
department may proceed with the purchase once the Purchasing Division, City Attorney's Office,
the Finance Director, and the City Manager or designee have approved the form. Doc entation
of the justification must be kept on file by the department initiating the purchase. T
justification and the record of purchase shall be available for public inspection. D partments
completing a purchase requisition for this type of procurement must attach the proved form for
exemp 'on to the purchase requisition before sending it to Purchasing for a rchase order
number.
Note: Even tho h a purchase may be exempt from the compet' ve purchasing
requirements the artment shall make a conscious effort to tain the best pricing though
price comparisons an or negotiations with the selected sup ier. It is the department's
responsibility to obtain fair and reasonable price, inves ' ate the vendor's qualifications
and any other informatio ertinent to the procureme while thoroughly documenting the
process.
In addition, if a department's p chase is deeme to be exempt from the competitive
purchasing procedures, the depa ent will be esponsible for securing all of the required
documents from the vendor before aking t purchase (see Section VII. Required
Documents for City Purchases).
The following procurements are exempt the competitive purchasing process:
A. Emergency Purchases
B.
An Emergency Purchase may/le exempt from t competitive bidding process when the
purchase is made due to nexpected and urgen equest, where health and safety or the
conservation of public r;Fen ces is at risk. The use f this process is greatly discouraged, and
should be utilized only absolutely necessary.
Before proceeding th an emergency purchase, the depa ment requiring the commodity or
service must recei written approval from the City Mana r or designee. Within two (2)
weeks of the em gency purchase, the department making th purchase must complete an
"Emergency P chase Form" available from the Purchasing D ision, and return it to the
Purchasing D. ision. Copies will be distributed to the City Ma ger, the Finance Director,
and the De ment Director.
In g eral, all purchases shall be made on a competitive basis. Howeve there may be a
re on to request a Sole Source purchase. This means that there is only o product or service
at meets the department's needs, and there is only one vendor offering th product or
service. In this situation, the individual requesting the purchase must compl e a "Sole
Source Procurement Request" form (contact the Purchasing Division to receiv a copy of the
form) and return it to the Purchasing Agent for approval by City Manager or de 'gnee.
14
C.
Examples of a Sole Source procurement include:
1.) Items which must be compatible with existing equipment or systems and are
available only from the original manufacturer or an exclusive distributor.
2.) Services that can be provided by only one source due to nature of the eq ipment
requiring service (proprietary equipment features).
3.) Items that have specific features or are related to a specific geographi ocation that
are available from only one source, by virtue of experience, experti , proximity, or
ownership of intellectual property rights.
4.) Items or services of information technology for which there ar compatibility
co iderations, or the purchase would prevent voidance or. to ination of a warranty,
or th urchase would prevent default under contract or of r obligations.
5.) The Fe al government or other government provider o funds for the items or
services be' purchased has imposed clear an d spec restrictions on the use of the
funds in a wa hat restricts the procurement to only a vendor.
Situations when a Sole S %rce procurement is not
1.) Only one specific mak or model of an item w' 1 work, but it's available from at least
two different vendor these circums nc
rs. es, bid out the item.
2.) Only one specific make or odel of an ite will work, and only one installer is
available to install it, but the 'nstaller c still install the item if it is purchased from
other vendors. Under these ci umst es, bid out the item, and have the installer
perform the installation.
3.) The Department really prefers on odel, but at least one other model will perform
adequately. Under these circumst es, consider an RFP, where the reason for the
Department's preference for the first odel will be strongly considered in evaluating
the proposals.
4.) The item or service is availa a from tw vendors, one who has done unsatisfactory
work for the City, and one ho has done od work for the City. Unless the
unsatisfactory vendor's p t work has been oroughly documented, and is bad
enough to warrant dee ng them an "irrespo ible bidder ", this vendor must be
allowed to bid. In thi event, consider an RFP take into account prior work
quality.
"Piggybacking ", a for of cooperative purchasing, allows gove ment and government -
related agencies to lize existing purchasing contracts or agree nts from other government
entities. T/bed purchasing is a competitive form of procure% nt that combines the
requiremeor more agencies in order to reduce administrate expenses and obtain
better pricin volume discounts.
In order fnment agency to participate in this form of coope tive purchasing,
the followa must exist:
1.) he purchasing contract must be current.
2.) The purchasing contract must be the result of a formal competitive pro\ay
3 The government agency administering the contract must be willing to
participation on behalf of other government agencies (note: participati
limited to specific government agencies based on location, etc.).
4.) The government agency taking advantage of the existing contract must same products identified in the contract.
5.) If the cooperative purchasing contract is a regional contract, the state ogovernment agency requesting participation must have signed a contra
participate.
15
SECTION V. INFORMATION TECHNOLOGY PROCUREMENT POLICY
A. Purpose
1.) To establish requirements for procurement of information technology goods and
services for all Departments.
2.) To ensure that the City's purchases of information technology goods and service
meet the necessary requirements for network connectivity, security and compl' nce.
3.) To ensure that contracts for procurement of information technology goods d
services are written and documented with clear, complete and technicall accurate
specifications and/or Scope of Work, and that all such contracts, inclu ng all
documents incorporated by reference as part of such contracts, are r dily available
r reference to ensure that vendors are providing the goods and s ices promised,
an 'n case of a contract dispute.
4.) To esta ish collaboration between the City's Information T hnology Services
Division TS) and the Purchasing division, unless other a angements are made
ahead of tim to ensure the smooth acceptance and inst ation of information
technology.
5.) To ensure that al information technology procure nts follow the regulations and
policies related to it procurement. This policy ay be modified by Administrative
Regulation approved, 'n writing, by the City nager.
6.) To protect the City agai t loss following v dor default or failure.
B. Responsibility
All City departments and divisions shall c ply with the policies and procedures in this
regulation.
C. Procedures
1.) Hardware and Softwar Purchases and Related aintenance Aareements. The
department initiatin he procurement of informat n technology goods and services,
shall submit a "H ware /Software Recommendatio "form to the ITS Help Desk for
evaluation and istance. In the case of information t hnology goods and services
which are not ' ed to the City's computer network, an which are not supported by
ITS, the initi ing Department may inform ITS of its inte ed procurement via e-mail
or memo, r ther than by submitting a Hardware /Software R ommendation form.
[ITS ma request additional information from the initiating d artment if the
intende procurement raises concerns as to connectivity, securi alternative
proc ement that may be less expensive or more efficient, or othe issues of concern
to I S. ITS will offer all assistance that is appropriate.] ITS shall pr vide assistance
i he development of specifications for hardware and software needs nd
evelopment of a Scope of Work ( "SOW ") for related maintenance agr ments. ITS
approval is required for any Information Technology procurement. If IT does not
approve a purchase, the Department must seek review and approval by the ity
Manager, regardless of dollar amount, in order to proceed.
2.) IT Consulting Services. ITS will assist the initiating department in the develop enl
of the SOW. A preliminary SOW will be submitted to ITS, and ITS will either
recommend the SOW be accomplished with in -house resources, or the procureme
of an outside source. If outsource procurement is required, ITS will assist the
initiating department in defining outsource requirements. The initiating department
will submit a "Request to Retain Outside Consultant" form.
16
3.) The Purchasing Division will prepare the appropriate contract, if required, between
the City and the vendor, which Purchasing Division or end user will submit to the
City Attorney's Office for approval. Payment in arrears will be encouraged if at all
possible.
4.) Departments will submit computer - related requests through ITS for review prior to P-
Card purchases. ITS will submit requisitions to the Purchasing Division for approval
and issue of any necessary purchase orders. ITS will review the computer - related
requisitions and either return it to the initiating department with comments and r
recommendations, or forward the completed requisition to the Purchasing D' ision.
5.) Unless otherwise specified by ITS, all information technology equip men ill be
delivered to ITS, and ITS will be responsible to track and verify satisf to receipt
f equipment. If the delivery is made directly to the initiating depart ent, the
artment will immediately alert ITS of the equipment's arrival f r inventory
trac 'ng purposes.
17
SECTION VI. LEGAL REQUIREMENTS
A. Gratuities/ Gift Law
As stated in Iowa Code section 6813.22, (2011), as amended, the "Gift Law" prohibits
officials, employees, candidates, or their immediate family members from receiving or
soliciting gifts from a person who is or is seeking to be a party to a sale, purchase, lease, or
contract with the City. Gifts from such restricted donors may be accepted only if they are
worth $3.00 or less. Additional exceptions can be found in Iowa Code Section 68B.22(4),
(2011) as amended, but should not be exercised without the approval of the City Attorne
Office.
B. Prohibited Interest in Public Contracts Policv
C.
Pursuant to Iowa Code Section 362.5 (2011), as amended, a city officer or enoloyee shall not
h e an interest, director indirect, in any contract or job of work or mater i or the profits
ther of or services to be furnished or performed for the City.
"City o er or employee" includes all employees, as well as memb s of the City Council
and all City ards and commissions. With respect to "direct or in erect" interest, the City
presumes a Cit fficer or employee has shared financial interes with any of the following
persons:
• The spouse of a Ci fficer or employee.
• Any person eligible to ister as a domestic
2, as amended, of a City icer or employee.
• The unemancipated child o City officer or
• The parent of a City officer or ployee, if tl
unemancipated child.
Ias defined in Iowa City Code 2 -6-
City officer or employee is an
It is prohibited for any City officer or emp ee to participate, directly or indirectly, in a
procurement when the City o/tiating ern a is aware that:
• Any City officer or empl or indl ctly, has a financial interest pertaining to
the procurement.
• Any other person, busineation with ich a City officer or employee,
directly or indirectly, is nhas an arrang ent concerning prospective
employment is involved i ment.
Before proceeding with a urchase, the department procuring th goods or services must
confirm the vendor is n on the Prohibited Vendor list, as maintai ed by the Accounting
Division. Som/exce ons apply, but no pro curement may be made om a Prohibited
Vendor without tten approval of the City Attorney's Office. Pro urements made in
violation of thimay result in disciplinary action and/or criminal c rges under Iowa
Code Section 3
Preferen may be given to local businesses or vendors that have a business located thin
Johns County. This includes branch operations and franchises. Cost and other
/cons rations being equal, local businesses shall be given first consideration for the purc s or services. A local business or vendor that submits a quote or bid by the
hed deadline falling within 5% of the lowest bid will have the opportunity to match
the lowest price submitted, but only if that price was submitted by a non -local vendor.
18
In this instance, the City representative responsible for issuing the solicitation will contact the
local vendor/business that has fallen within the 5% threshold to request a price match. The
business /vendor will have a twenty -four hour period to submit a written price match to the
City representative. If more than one local business /vendor meets the criteria above, each
local vendor will be given forty-eight hours to submit a lower bid in writing. All revised bids
must be at or lower than the original lowest bid. At the close of the forty-eight hour period,
the contract will be awarded to the lowest bidder, local or otherwise. In the event of tie, the
local vendor will be awarded the contract. If two or more local vendors tie, the aw d will be
determined by coin flip.
The local preference policy does not apply to Public Improvement projects,gg6ds and
services acquired through the Request for Proposal process, or purchases uti zing Federal
Transit funds or Federal funding.
The purchas policies stated in this manual are not preempted by the requirements for state
and federal gran unless the city requirement is inconsistent w' the state or federal grant
requirements, in whi case departments shall follow the stri est of any applicable policy.
Departments shall adh to the City's purchasing polices and all state and federal
requirements, including co letion of all required docu nts. In addition, all applicable
conditions of state or federal fu ing must be included in b' and proposal solicitations.
E. Donated Funds
Departments are required to follow the
following is true:
stated in this manual unless all of the
1.) Private funds are offered to the City procurement of good or services.
2.) The City does not contribute any fu ds t the procurement.
3.) Pricing is reasonable.
F. Professional and Technical Service C ntracts
Any procurement of Professio/or chnical Ser\Tech 0,000 must take the
form of a written contract. All Professionervice Contracts,
regardless of dollar value, mproved by s Office before
services can begin.
The following informatio must be included in a written Professiona nd Technical
Services contract:
1.) Party Designati — identification of parties.
2.) Scope of the greement — defines the general nature of the goods and /or se ices to be
provided.
3.) Compensa on - The compensation should be clearly defined. A fixed fee or a of -to-
exceed f ure is preferred.
4.) Respo ibility of both parties — specifically defines the role of both parties.
5.) Com encement and Termination — defines the start date, end date, and procedures
rec red to terminate the contract.
6.) Ti a Requirements — defines a schedule of when specific milestones or objectives
ust be met.
7.) Modification Procedures — the procedures required to make changes to the contract.
8 Conflict of Laws (if applicable) — language that sets the agreement for what state or
courts will have jurisdiction, and what law will apply. Iowa law and Johnson County,
Iowa jurisdiction is strongly encouraged.
19
G.
9.) Liability and Indemnification — defines the legal responsibility of the parties involved
and the remedy for loss. Indemnification of the City should be sought from all such
providers.
10.) Insurance — Coverage parameters and a monetary amount that protects against loss,
damage, or liability.
11.) Equal Opportunity — policies and procedures used to ensure nondiscrimination and
equal opportunity in employment.
12.) Severability - a clause that protects the remaining provisions of the agreement 'f one or
more clauses of the agreement are declared void or unconstitutional.
13.) Acknowledgement — acceptance of the terms and conditions stated in the co ract in the
form of a signature by parties empowered to do so.
The Purchasin vision and Public Works Department, who are respopfible for the
procurement of goo , ervices, and equipment, are required to retai ll written contracts,
including bid and request proposal documents, the awarded ve or's bid or proposal, and
the purchase order for a perio f five years. Departments proc ng goods, services, and
equipment through the informal tation process, where assi rice is not provided by
Purchasing, are responsible for retai ' g documentation (inc ding all quotes received) for a
period of five years.
H. Public Record
Procurement information shall be recognized as lic record to the extent provided by law
and as set by Council Resolution 07 -260, passe Au t 21 s`, 2007. However, the identity of
proposers and documents received in resp se to a equest for Proposal may only be
released to City staff prior to award of tFcontract. ontract. All d ils of contract proposals shall be
kept confidential until final award of Detai of contracts requiring Council
approval may be disclosed as part of t uncil approval proc s. In that event, disclosures
should be limited as much as possible n order to best preserve the ' tegrity of the procurement
process. Questions regarding the tential confidentiality of docum is should be directed to
the City Attorney's Office.
20
SECTION VII. REQUIRED DOCUMENTS FOR CITY PURCHASES
A. Purchase Requisition
See Administrative Rule for instructions. The City Manager is empowered to set
Administrative Rules governing Purchase Requisition documents. Administrative
Rules are available on the intranet, or from the Purchasing Division.
B. Purchase Order
C.
r13
E.
F.
See Administrative Rule for instructions. The City Manager is empower3A to set
AdmA istrative Rules governing Purchase Order documents. Administ ative Rules are
availab on the intranet, or from the Purchasing Division.
The City is exemp rom all Federal, State of Iowa, sales, and se taxes on the purchase of
goods and services us by the City of Iowa City within t State of Iowa. Departments
requiring a tax exemptio certificate can contact the Purc ing Division for the certificate.
The tax exemption certifi to can also be found o the City's intranet page under
Forms/Templates. Out -of- -state es imposed on purc es of commodities and/or services
which are used within another stat a applicable and ubject to payment. In addition, the City
is not exempt from paying state excis taxes on renti g rooms or local hotel /motel taxes.
The City has established a standard
Purchasing Division includes in all
Terms and Conditions document,
requirements, is a separate section
document. Bidders or their authori
conditions and requirements of th'
also subject to all federal, state, d
docum t f general rules and conditions that the
reque for b s and request for proposals. The General
whic inds the 'dder to applicable conditions and
w' in the request r bid or request for proposal
d agents are expec to fully inform themselves as to the
document before subm ing a bid or proposal. Bidders are
municipal laws, rules, re lations, and limitations.
Note: The General Terms d Conditions document is only one s tion of the request for bid
or request for proposal do ment; this document shall be used as an dition to other
Purchasing documents. hanges shall not be made to the General Te sand Conditions
language without the proval of the City Attorney's Office.
All vendors ar subject to and must comply with the provisions of the City's Equ Employment
Opportunity olicy and applicable local, state and federal anti - discrimination '_ s. All City
contractor , subcontractors or consultants with contracts of $25,000 or more (or less, 'f required
by anot r governmental agency) must complete the Contract Compliance Document d abide
by the equirements of the document. Emergency contracts are exempt from this provis n.
Request for bids, request for proposals, and other agreements for the supply of some goods
and services must include insurance and indemnity clauses as a means of risk management.
The appropriate clauses are included in the Purchasing Division's General Term and
Conditions document. The following examples are types of procurements where the vendor
must provide an insurance certificate to the City:
1.) Contracts for professional or operational services to be performed for the City.
21
G.
2.) Public Improvement Projects.
3.) Purchases of goods potentially affecting the life or safety of employees or members
of the public.
4.) Purchases of goods greater than $20,000.
5.) Contracts under which the contractor will have possession of City equipment.
The vendor will be required to submit a certificate of insurance prior to co mm en t of
work. In the event services are to be provided to the City, the vendor shall also prov' e a
certificate of insurance showing workers compensation coverage.
The certificate of insurance must meet all requirements set by Admi/rchasing ule.
The City Manager is empowered to set and amend said requirementistrati,
Rule. Administrative Rules are available on the intranet, or from th
Division.
The followNrequirebid s of bonding requirements and provisi s that may be included in
a contract b and the vendor to assist in the comp etion of a project. The
decision to nd or performance bond should be ade after consider ation of the
type of prootential risks of vendor failure to ommence work or complete
work succeubject maybe subject to Adm' istrative Rule, asset by the City
Manager.
1.) Bid Bond
2.)
The bid security is a guar tXbetd y the vendor, accompanied by a monetary
commitment, by which a thi ty) accepts liability and guarantees that the
bidder:
a. Will not withdraw a he period specified for acceptance.
b. Will execute a writtr honor the written acceptance of the
bid /proposal as execPurchasing Division/Public Works Division.
c. Will furnish such bo ce certifications, etc. as required by the bid
documents.
The bid bond, if require , is part of the initia bid or request for proposal. No bid
requiring a bid bond sh 1 be considered unless ccompanied by either of the following
forms of bid security:
a. /amoequall or cashier's check drawn on solvent Iowa bank or a bank
der the laws of the United States, r a certified share draft drawn
nion in Iowa or chartered under the 1 s of the United States, in an
l to a minimum of five percent (5 %) o he bid, or
b.executed by a corporation authorized to co ract as a surety in the
, in a penal sum of a minimum of five percen (5 %) of the bid.
performance bond is a requirement of the initial bid or request for prop al which
assures that the vendor will perform under the contract. The vendor is n u ed to
furnish a bond in the amount of 100% of the contract price before the project
commences. The performance bond transfers the risk of default from the vend to a
bond company and protects the public entity from loss due to the vendor's inabili to
complete the contract as agreed.
22
3.) Liquidated Damages & Contract Incentives
Liquidated damage provisions are clauses in some contracts that require a specific
predetermined sum to be paid by one party to the other in the event of breach of
contract, such as late completion. It is not (and legally cannot be) a penalty. The
liquidated damages sum constitutes a fair and best estimate of the actual damage
suffered by a party in the event of breach by the other party.
The following is a list of several possible factors to consider in de term' in
damage figures. This should not be interpreted as an exhaustive list each
individual contract delay breach could suggest different damages the City or the
public.
• Actual monetary loss if applicable
• Staff time (to finish a job, cleanup after the c tractor, to do anything
that the contractor was supposed to do.)
• nconvenience to the public (continued d ours, loss of use of facilities,
et
• Lost ortunities (for trees to grow other season - specific activities)
• Lost reve ue (such as from parking amps, etc.)
• Causing us have to breach othe contracts (does the City have to pay
others liquidat damages if the ity's work is not done right, or on
time? Will our ' ure to corn ete a project well or on time reflect
poorly on our City hen tryi g to recruit businesses and tourism to the
City ?)
• Poor workmanship lead to ugly appearance, air pollution, noise
pollution, odors, etc.
• Any other losses cont pla d
The following is an examp)6 of a liquidked damages clause:
Liquidated Damages
A. Basis for Liquidated
1.) The City and the Contractor (Vendor, etc.) r ognize that time is of the
essenc and that the City will suffer financial l s if the work is not
/2.)he ted within the times or by the dates speci d in paragraph
(or alternative date as determined by the Ci\igating esult of (list
contributing to the liquidated damages am
y and the Contractor (Vendor) reco gnize ahat the expense and difficulties involved in provingating the oss suffered by the City if the work is not cas scheduled
is substantial and burdensome for both parties.
3.) Accordingly, it is intended that the Agreement betCit and the
Contractor (Vendor) shall include provisions for L Da ges to
be paid for non - completion of the work, but not as , in
accordance with the provisions outlined below.
B. Terms of Liquidated Damages:
1.) Liquidated Damages in the amount of $ per day will be withheld
from final payment from the City to the Contractor (Vendor) for each
calendar day, or portion of a day, that expires after the dates established
for project milestones in paragraph above (or alternative dates as
23
determined by the City) without the milestone or project being
completed.
2.) If the Contractor (Vendor) abandons the project by words or action,
Liquidated Damages in the amount of $ per day will be paid by
Contractor (Vendor) to the City for each day that expires after the
milestone or project completion date until the project is completed by the
City or the Contractor (Vendor) selected by the City to replace the
Contractor (Vendor).
Contract Incentives
A Contract Incentive is a contract provision that provides a means to reward the
Con actor (Vendor) for reaching predetermined goals to reduce cost, reach a level of
perfo ance above the level contracted for, or produce results that arp'beneficial and
exceed ontract requirements. r
The follo g is an example of a Contract Incentive CX
For each day the ntractor (Vendor) completes the pr entirety before the
beginning of the co letion date in Paragraph , ill pay the
Contractor (Vendor) an dditional $
24
SECTION VIII. SHIPPING & PAYMENT TERMS FOR CITY PURCHASES
A. Shippine Terms
When purchasing goods from a vendor it is important that the department understands and
designates the appropriate shipping terms. The shipping terms not only determine who has
the legal right to specify the carrier and the routing of any goods purchased, but they also
define the point at which the City takes title of the goods, otherwise known as "free on board"
(F.O.B.), and thus who takes the risk of damage during transit. The most common freight
terms are F.O.B. destination and F.O.B. point of origin.
F.O.B. destination (City of Iowa City Address) — title /ownership of the goods passes to the
department when the goods have been delivered to the City. The cost of shipping and the risk
of loss are borne by the vendor. The vendor is responsible for the goods until t ey are
delivered.
F.O.B. point of Agin in vendor's facili — title /ownership of the goods pdsses to the
department at the dor's facility. The department or division owns a goods in transit and
files any claims. The epartment or division is responsible for the ods at the origin of
shipment.
Note: Whether the departmen 's making a small or large do ar purchase or signing a
contract, it's pertinent that the shi ing terms are carefully eviewed. The shipping terms
will determine which party bears th isk of loss during t nsportation of the goods. For
instance, if the department selects F.O. destination the goods are damaged while in
transit, the department or division is not sponsible or the goods since it has not accepted
ownership. The following chart includes a dition freight terms that may be used by the
vendor and should be carefully selected by t d artment making the purchase.
Freight Terms
City Takes
it esponsibilities
Vendor
Title of Goods
Responsibilities
F.O.B. Destination,
At the City's facility
Owns goods in transit
Freight Prepaid
(delivery destination)
Pays freight
F.O.B. Destination,
At the City's facilAy
Pays freight
Owns goods in transit
Freight Collect
(delivery destin ion)
F.O.B. Destination,
At the City' acility
Pays freight
Owns goods in transit
Freight Collect and
(delivery stination)
Deducts freight from
Allowed
vendor's invoice
F.O.B. Point of Origin,
At th point of origin or
Owns goods in transit
Freight Collect
the endor's facility
Pays freight
( cto )
Files claims
F.O.B. Point of Origin,
t the point of origin or
Owns goods in transit
Pays ight
Freight Prepaid
the vendor's facility
Files claims
Adds fre ht to invoice
(factory)
Note: F.O. . destination (City of Iowa City Address) is the City's preferred m hod of
shipping s' ce the seller maintains ownership of the goods until they are delivere . The
cost of s 'pping (activities performed in preparation of the outgoing shipment of goods,
which ay include packaging, weighing, marking, loading, etc.) and the risk of loss are b
by th seller.
M,
B. Payment Terms
Unless otherwise specified, the City's standard payment terms designate that payment to the
vendor may be made only after inspection, approval, and final acceptance of the goods or
services. Procurements for construction, capital equipment, professional services and other
labor intensive and/or capital intensive projects may require interim payments. Interim
payments or milestone payments must be clearly defined in written form in order to eliminate
confusion between the City and the vendor. Whether the City makes interim payments or
makes a single payment, it is important that the department not only receives th goods
or services, but performs a complete inspection and confirms that the produ s received
or the services performed are acceptable before payment to the vendor is ade. The
City's ability to remedy a problem is severely hampered if we have already id the vendor
for the good or services. Advance payment or prepayment for products or ervices is strongly
discouraged (exclusions: subscriptions, memberships).
Note: Before a department signs a contract for the procurement of ods or services the
payn&nt terms must be carefully reviewed. Payment in advance i strongly discouraged.
Also, th department should review the number of days specifie for payment. A department
should not ftecept payment terms of less than thirty days consi ring the time it takes to
receive, inspect, accept the product or service and proce the paperwork for payment.
26
IX. PURCHASING TERMS AND DEFINITIONS
Bid Bond: A monetary commitment (cashier's check or certified check) made by a third party to
accept liability and to guarantee that the bidder will not withdraw the bid. The certified check or
cashier's check will not exceed 10% of the bid price and will accompany the bid upon submittal.
If an award is made and the successful bidder fails to enter into a contract with the City, the City
is entitled to the entire amount of the bid bond.
Bid Opening: A specified time and date where formal bids are opened and the enclosed
information is publicly read. The bidder's name, price, items offered, delivery, etc. are rc
during the opening.
Capital Asset: Assets that have a life expectancy beyond one year and a cost of $000.00 per
item or more (examples: land, land improvement, building, equipment).
Capital Outla enditure: Expenditures for acquiring land, building, a ipment or other
property, or for the • preservation, development or permanent improveme (i.e. the acquisition or
renovation of capita sets). The threshold for capital outlay is $5,000 er item or more.
Purchases of goods un r $5,000 per item are considered supplies.
Cam: Shall mean the City o`1' Iowa City, Iowa.
Competition: The process by w ' h two or more vendors aVempt to secure the business of a
third party through the offer of the st favorable price, q lity, delivery terms or service.
Contract: A legally binding promise, o 1 or in writi , enforceable by law.
Emergency Purchase: A purchase made dhe to
and safety or the conservation of public reso e;
Evaluation Committee: A group or team
vendor for a contract award.
Goods: Anything purchased other thap'services or
and urgent request, where health
at risk.
selected to assist in recommending a
Online Bidding: A procurement P/C cess in which an invit 'on for bid or request for proposal is
posted electronically over the int et in a real -time, competit a bidding event.
Operating Services: The fu ishing of labor and time by a contr for or a vendor, which may
involve to a lesser degree, t e delivery or supply of products. Exam es of contractors providing
operational services are t se working within trades, such as plumbin electrical services, and
HVAC. Professional a Technical Services are not Operational Servi s.
Performance Bon A bond, issued upon award of the contract, that securlok the performance of
all terms, conditio s, and agreements stated within the contract by the vendor. A performance
bond protects th buyer from the vendor's inability to complete the contract.
Pre-Solicitation Pre - Submission Conference): A meeting with prospective biddlr,,s or
proposers clarify the requirements of a contract to be put out for bid or proposal.
Procur ment: Purchasing, renting, leasing, or otherwise acquiring any supplies, service or
const ction; includes all functions that pertain to the acquisition, description of requireme s
sel tion and solicitation of sources, preparation and award of contract, and all phases of con
27
administration; combining the functions of purchasing, inventory control, traffic and
transportation, receiving, inspection, storekeeping, and salvage and disposal operations.
Procurement/Purchasine Policy: Governing principle which establishes the general parameters
for the organization to follow in carrying out its responsibility for procuring equipment, supplies
and services, etc. in the most efficient and economical method possible.
Professional or Technical Services: Services provided by individuals or organizations
possessing a high degree of technical skill, such as lawyers, physicians, architects, engi ers, and
other consultants. Contractors working within trades, such as plumbing, electrical se ces, and
HVAC are considered as providing Operational Services, not Professional and Tech ical
services.
Public Improvement: A building or construction work, which is constructe nder the control
of governmental entity and is paid for in whole or in part with funds of the vernment entity,
including a b 'lding or improvement constructed or operated jointly with ny other public or
private agency, ut excluding urban renewal, demolition, and low -rent using projects,
industrial aid prod is authorized under chapter 419, emergency wor r repair or maintenance
work performed by e oyees of a governmental entity, and exclu ng a highway, bridge, or
culvert project, and exclu ' g construction or repair or maintena e work performed for a city
utility under chapter 388 by i employees or performed for a r al water district under chapter
357A by its employees. This de ition is controlled by Iow ode, and thus will incorporate any
amendments to the statutory defini ' n. See Iowa Code Se ion 26.2(3) (2011), as amended, for
the controlling definition.
Real Property: Land and its
Responsible Bidder: A vendor who has the
contract requirements, and the integrity and i
Responsive Bidder: A vendor who submi a bid
requirements contained within the solicitation.
or structures.
in all respects to fully perform the
which will assure good faith performance.
that fully conforms to all
Request for Bid: A formal method Ved to procure a spe 'fic requirement (goods /services). A
Request for Bid requires the submis on of sealed bids and ublic bid opening. Award is made
to the lowest responsible and respgfisive bidder meeting the s dards, specifications, and terms
and conditions contained within he solicitation.
Request for Proposal: A foyffial procurement method similar to aequest for Bid, except that
factors other than price (su as quality, timeliness, experience, abil to meet specifications) are
also considered in makin the award.
Risk Manaeement: he identification, measurement and treatment of p perty, liability, and
personal loss expos es; it analysis of potential risk situations and i urance needs, as well
as the amount of f ancial coverage needed to protect the government.
Sealed: The s mission of responses to a solicitation in a form that prevents diosure of the
contents pri9f to a date and time established by the department or division for opeVing the
S ecif ation: A detailed description of the physical, functional, or performance chat c eristi
of a ibod or service that must be met before a contract is awarded.
28
Sole Source: A purchase to fulfill a need for a commodity or service where there is only one
product or service that meets the department's needs, and there is only one vendor offering the
product or service. Only one vendor possesses the unique and singularly available capability to
meet the requirements (technical specifications) of the solicitation.
Surplus: Supplies or commodities that have completed their useful life and no longer have use to
the original consumer, but may have some purpose or alternative use to another department
within the City, or to an individual or entity outside the City.
Tax Exempt: The City is exempt from all Federal, State of Iowa, and other states' taxes on the
M�q
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO.
12 -191
CONSIDER A RESOLUTION REPEALING RESOLUTION No. 11 -377 TO ADD
AUTHORITY FOR THE CITY MANAGER AS CONTEMPLATED BY AND
CONSISTENT WITH THE NEW PURCHASING MANUAL.
A. Capital Outlay, Commodities, Operational Services and Professional Services
WHEREAS, pursuant to Resolution No. 07 -261 the City Council authorized the City
Manager to initiate and execute, without City Council approval, contracts for and purchases of
commodities, operating services and capital outlay authorized in the Council budget, public
improvement contracts for which public bidding was not required by law, and contracts for
professional services where the total estimated cost does not exceed $50,000; and
WHEREAS, Council believes it is in the public interest to limit the City Manager's
authority to initiate and execute contracts for the purchases of commodities, operating services
and capital outlay to those with a value not exceeding $150,000 unless the contract is a contract
for insurance; and
WHEREAS, Council wishes to convey authority consistent with the new Purchasing
Manual, as approved by Council, to the City Manager.
B. Public Improvements
WHEREAS, Chapter 26 of the Iowa Code establishes a competitive bid threshold below
which public bidding at the Council level is not required, which threshold is currently $67,000 for
horizontal infrastructure and $125,000 for vertical infrastructure; and
WHEREAS, Chapter 26 of the Iowa Code requires the City to solicit competitive
quotations for vertical infrastructure public improvement contracts where the total estimated cost
of the project exceeds the competitive quotation threshold but is less than the competitive bid
threshold; and
WHEREAS, Iowa Code Section 26.14, as amended, authorizes the City Council to
delegate to an officer or employee of the City the authority to award contracts on competitive
quotation, to execute such contracts, to authorize work to proceed under such contracts, or to
approve a contractor's performance and payment bond; and
WHEREAS, Resolution Nos. 07 -261 and 07 -202 delegate the authority for public
improvement projects below the competitive bid threshold to the City Manager.
C. Claims
WHEREAS, numerous claims are filed against the City for injuries to persons and
property by the City of Iowa City, its agents and employees; and
WHEREAS, Resolution No. 26 -59 grants authority to the City Manager to settle claims
against the City up to $20,000.
D. Farm Leases
WHEREAS, the City of Iowa City owns certain real estate used for agricultural purposes;
and
zs
Resolution No. 12 -191
Page 2
WHEREAS, it is in the best interest of the public and the City of Iowa City to negotiate
and enter into farm leases and security agreements until such time as the real estate is ready
for development; and
WHEREAS, Resolution No. 09 -196 authorizes the City Manager or designee to execute
farm leases.
E. Indemnification Agreements for Police and Fire Training
WHEREAS, some private property owners have indicated a willingness to allow police
and fire personnel to conduct training on their property, provided the City of Iowa City agrees to
indemnify the property owner against property damage or personal injury which could arise from
the training; and
WHEREAS, it is in the public interest for police officers and fire fighters to be able to
train on private property; and
WHEREAS, Resolution No. 99 -379 authorizes the City Manager to execute
indemnification agreements required for police and fire training.
F. Economic Development Opportunity Funds
WHEREAS, Council approves budget authority for Economic Development Opportunity
funds to be used for economic development financial assistance; and
WHEREAS, The City Council Economic Development Committee reviews, revises and
recommends the Iowa City Economic Development Strategies and Policies biennially to the City
Council for adoption; and
WHEREAS, the Iowa City Economic Development Strategies and Policies are adopted
by Council and contain stated goals and objectives; and
WHEREAS, Resolution no. 11 -66 grants the City Manager limited administrative
authority to make disbursements from the Economic Development Opportunity Fund.
G. Economic Development - Towncrest
WHEREAS, Council implemented the Towncrest Urban Renewal Plan and adopted the
Towncrest Design Guidelines; and
WHEREAS, Council has approved budget authority for the Towncrest Urban Renewal
Area Grant Programs; and
WHEREAS, Resolution no. 11 -231 grants the City Manager administrative authority to
make Towncrest Urban Renewal Grants for the Towncrest Fagade Renovation Program and the
Predevelopment Design Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
I. Resolution 11 -377 is hereby repealed.
II. The City Manager is hereby granted the following authority:
A. Capital Outlay, Commodities, Operational Services and Professional
Services
Resolution No. 12 -191
Page 3
The City Manager or designee is hereby authorized to initiate and
execute, without City Council approval, the following contracts:
a. Contracts not exceeding $150,000 for the purchase of
commodities, operating services and capital outlay (not including
public improvement contracts) for which there is funding authority
in the annual budget as approved by the City Council.
b. Contracts for professional services (e.g. engineering, architect)
where the total estimated amount does not exceed $50,000.
c. Contracts otherwise authorized by the Purchasing Manual, as
approved and amended by Council.
B. Public Improvements
1. The City Manager or designee has the authority to execute public
improvement contracts for which there is funding authority in the City
Council's adopted budget that do not require public bidding because they
do not exceed the "competitive bid threshold" established in Chapter 26 of
the Iowa Code (currently $67,000 for horizontal infrastructure and
$125,000 for vertical infrastructure).
2. The City Manager or designee has the authority to award a contract, to
execute a contract, to authorize work to proceed under a contract, or to
approve the contractor's performance and payment bond for public
improvement projects where the estimated total costs require the City to
solicit competitive quotations pursuant to Iowa Code Section 26.14(2011).
C. Claims
1. The City Manager or designee is hereby authorized to settle all claims not
exceeding $20,000 against the City or by the City without further
authorization by the City Council.
2. The City Manager or designee is authorized to settle worker's
compensation claims when the facts are not in dispute and the benefit
payments are determined by statute and the rendering physician's
impairment rating.
D. Farm Leases
1. The City Manager or designee is hereby authorized to negotiate, execute,
renew and manage farm leases and security agreements for agricultural
land the City may now own or later acquire, upon approval by the City
Attorney's Office.
2. All such leases shall be in writing, shall be for a period not to exceed one
year, with possible renewals and subject to Iowa Code Sections 563.6
and 563.7.
E. Indemnification Agreements for Police and Fire Training
1. The City Manager or designee, after consultation with the City Attorney
and Risk Manager, is authorized to execute indemnity agreements for
police and fire training on private property.
F. Economic Development Opportunity Funds
Resolution No. 12 -191
Page 4
The City Manager is granted administrative authority to make
disbursements from the Economic Development Opportunity Funds with
the following three stipulations:
a. There is a $50,000 limit per expenditure to this authority, to be
funded by account number 1000 - 457100 - 448070; and
b. The use align directly with City Council's adopted Economic
Development policies and strategies; and
c. Reporting the use of any of the funds will occur at the first
Economic Development Committee meeting following such
disbursement, and again in an annual report.
G. Economic Development - Towncrest
1. The City Manager is granted administrative authority to execute
Towncrest Urban Renewal Grant agreements, in a form approved by the
City Attorney, for the Towncrest Facade Renovation Program and the
Predevelopment Design Assistance Program.
2. Any such agreements shall be reported to the Economic Development
Committed at the first Committee meeting following such disbursement,
and again in an annual report.
Passed and approved this 17th day of April , 20_2._•
ATTEST:
`CITY CLERK MAYOR
p oved by
Al
/Z
City Attorney's Office
Resolution No. 12 -191
Page 5
It was moved by Champion and seconded by Dickens the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
_x Hayek
x Mims
x Payne
x Throgmorton
April 17, 2012
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock p_.M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Absent: None
Council Member Payne introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE
REFUNDING BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY, STATE OF
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved
that the same be adopted. Council Member Dickens seconded the motion
to adopt. The roll was called and the vote was,
AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims, Payne
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 12 -192
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $6,000,000 WATER REVENUE REFUNDING
BONDS, SERIES 2012C, OF THE CITY OF IOWA CITY,
STATE OF IOWA AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to carry out
the purpose hereinafter described; and, it is deemed necessary and advisable that the City
should issue Water Revenue Refunding Bonds, Series 2012C, to the amount of not to
exceed $6,000,000, as authorized by Sections 384.82 and 384.83, of the City Code of
Iowa, for the purpose of providing funds to pay costs thereof; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of the Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which it is proposed to take action for the issuance of
the bonds and to receive oral and /or written objections from any resident or property
owner of the City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That this governing body meet in the Emma J. Harvat Hall, City Hall,
410 E. Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the 1st day of May, 2012,
for the purpose of taking action on the matter of the issuance of not to exceed $6,000,000
Water Revenue Refunding Bonds, Series 2012C, of the City, the proceeds of which
bonds will be used to provide funds to pay costs of the refunding of outstanding Water
Revenue Bonds, Series 2002, dated November 1, 2002.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of such meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City, such
publication to be not less than four clear days nor more than twenty days before the date
of the public meeting on the issuance of the bonds.
Section 3. The notice of the proposed action to issue the bonds shall be in
substantially the following form:
Publish 4/23
NOTICE OF MEETING OF THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF NOT TO EXCEED
$6,000,000 WATER REVENUE BONDS, SERIES 2012C OF
THE CITY OF IOWA CITY, AND THE HEARING ON THE
ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State
of Iowa, will hold a public hearing on the 1st day of May, 2012, at 7:00 o'clock P.M., in the
Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the
City Council proposes to take additional action for the issuance of not to exceed $6,000,000
Water Revenue Refunding Bonds, Series 2012C, of the City. The bonds will not constitute
general obligations or be payable in any manner by taxation, but will be payable from and
secured by the net revenues of the Municipal Water Utility. The bonds are proposed to be
issued for the purpose of paying costs of the refunding of outstanding Water Revenue Bonds,
Series 2002, dated November 1, 2002.
At the above meeting oral or written objections from any resident or property owner of
the City to the above action shall be received. After all objections have been received and
considered, the Council will at the meeting or at any adjournment thereof, take additional
action for the issuance of the bonds or will abandon the proposal to issue the bonds.
This notice is given by order of the governing body as provided by Section 384.83 of
the City Code of Iowa.
Dated this 23rd day of April, 2012.
s/Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 17th day of April , 2012.
Mayor
ATTEST:
City Jerk
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this l9 day of
'4pR 1 L�— , 2012.
2
City Cterk, City of Iowa City, State of Iowa
(SEAL)
00859757 -1 \10714 -111
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $6,000,000 Water Revenue Refunding Bonds, Series 2012C
Resolution fixing date for a meeting on the proposition to issue.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City k, City of Iowa City, State of Iowa
a-
R�cnv,�Fa: �,l ? 9 el2-
I
-W-w CITY OF IOWA CITY 29
' All
h UM
�� MEMORANDU
Date: April 12, 2012
To: Thomas M. Markus, City Manager
From: Kevin O'Malley, Director of Finance
Re: Setting Public Hearings General Obligation and Water Revenue Refunding Bonds;
Resolution on Redemption of 2002 & 2003 General Obligation Bonds; and Adoption of
Post - issuance Compliance Policy
There are several resolutions setting public hearings on the purposes for the 2012 General
Obligation Bonds and fixing a date for sale. Also, there are a resolution fixing a date for the sale
of Water Revenue Refunding Bonds (refunding the 2002 Water Revenue Issue), a resolution
redeeming two general obligation bonds issues (2002 & 2003 General Obligation), and a
resolution adopting a post- issuance compliance policy pursuant to Internal Revenue Service
recent action.
Usually every spring I compile a listing of capital improvement projects from the adopted CIP
program for bond financing. The funding for these projects is required to be classified per state
code as to essential corporate purpose or general corporate purpose. Ahlers & Cooney P.C.,
our bond counsel, provides the classification and groups the projects accordingly. The essential
corporate bonds are aggregated into one sum and the general corporate purpose projects into
amounts that cannot exceed $700,000 per state code and are also subject to referendum of
voters.
Also at this time of year I like to review potential refunding issues with Public Financial
Management, our financial advisors. We have one water revenue bond that is a good candidate
for refunding and two general obligation issues that should be redeemed early. Estimated
savings on the Water Revenue Refunding is $420,000 or 7.5 %. In addition early redemption of
the 2002 and 2003 General Obligation Bonds will reduce interest costs by $163,520 and I
recommend calling these issues.
The Internal Revenue Service (IRS) has issued an action requiring bond issuers to adopt a
post -issue compliance policy. I consulted with bond counsel and prepared the policy for City
Council adoption. The post- issuance policy will need to be reviewed and potentially revised
annually to comply with any IRS actions.
NOTICE OF MEETING OF THE CITY COUNCIL OF HE
CITY OF IOWA CITY, STATE OF IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF N T TO
E EED $6,000,000 WATER REVENUE. BO ,SERIES
201 X OF THE CITY OF IOWA CITY, A T
HEAI�.ING ON THE ISSUANCE THERE F
PUBLIC NOTId is hereby given that the City o ncil of the City of Iowa City,
State of Iowa, will hold "A public hearing on the 1 st day May, 2012, at 7:00 o'clock
P.M., in the Emma J. HarVat Hall, City Hall, 410 E. fir shington, Iowa City, Iowa, at
which meeting the City Co4ncil proposes to take ad'tional action for the issuance of not
to exceed $6,000,000 Water *evenue Refunding Bvsnds, Series 2012C, of the City. The
bonds will not constitute general obligations or bVpayable in any manner by taxation, but
will be payable from and secured by the net reymues of the Municipal Water Utility. The
bonds are proposed to be issueAor the purpo,%6� of paying costs of the refunding of
outstanding Water Revenue Bond:, Series Z62, dated November 1, 2002.
;,
At the above meeting oral or ; ritt0h objections from any resident or property
owner of the City to the above action04il be received. After all objections have been
received and considered, the Council 'oll at the meeting or at any adjournment thereof,
take additional action for the issuapci oof ie bonds or will abandon the proposal to issue
the bonds.
This notice is given by order of the go ruing body as provided by Section 384.83
of the City Code of Iowa.
Dated this day of ti 92012.
City Clerk, Ci of Iowa City, State of Iowa
(End of Notice)
M�q
April 17, 2012
The City Council of the City of Iowa City, State of Iowa, met in
regular session, in the Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa, at 7: 00 o'clock _ p M., on the above date. There were present
Mayor Hayek , in the chair, and the following named Council Members:
Throgmorton
Absent: None
-1-
30
Council Member Throgmorton introduced the following
Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL
OBLIGATION BONDS, SERIES 2012, (FOR AN ESSENTIAL CORPORATE
PURPOSE) OF THE CITY OF IOWA CITY, STATE OF IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same be adopted.
Council Member Dickens seconded the motion to adopt. The roll
was called and the vote was,
AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 12 -193
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED
$7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR
AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY OF IOWA
CITY, STATE OF IOWA, AND PROVIDING FOR PUBLICATION
OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State
of Iowa, should issue General Obligation Bonds, Series 2012, to the amount of not to
exceed $7,950,000, as authorized by Section 384.25, of the 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 the bonds may be issued, it is necessary to comply with the
provisions of the 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 the City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
-2-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the 1 st day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $7,950,000
General Obligation Bonds, Series 2012, for an essential corporate purpose of the City, the
proceeds of which bonds will be used to provide funds to pay costs of the construction,
reconstruction, and repair of public ways, sidewalks, overpasses, and pedestrian
underpasses and overpasses; the opening, widening, extending, grading and draining of
the right -of -way of streets, highways, avenues and public grounds and the removal and
replacement of dead or diseased trees thereon; the construction, reconstruction, and
repairing of any street improvements, bridges, culverts, and retaining walls; the
acquisition, construction, improvement, and installation of street lighting fixtures,
connections, and facilities; the acquisition, installation and repair of traffic control
devices; the acquisition, construction, reconstruction, extension, improvement, and
equipping of works and facilities useful for the collection and disposal of surface waters
and streams; the reconstruction, extension and improvement of the existing Municipal
Airport; the improvement of real estate for cemeteries and the construction,
reconstruction and repair of cemetery facilities; the rehabilitation, improvement and
equipping of existing city parks, including facilities, equipment and improvements
commonly found in city parks; the equipping of the fire department; and the acquisition,
construction, reconstruction, and improvement of all waterways useful for the protection
or reclamation of property situated within the corporate limits of the city from floods or
high waters, and for the protection of property in the city from the effects of flood waters,
including the construction of levees, embankments, structures, impounding reservoirs, or
conduits, as well as the development and beautification of the banks and other areas
adjacent to flood control improvements.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than four clear days nor more than twenty days before the date
of the public meeting on the issuance of the bonds.
Section 4. The notice of the proposed action to issue the bonds shall be in
substantially the following form:
-3-
Publish 4/23
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY,
STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT
TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012, (FOR
AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Iowa City, State of Iowa, will hold a
public hearing on the 1 st day of May, 2012, at 7:00 o'clock P.M., in the Emma J. Harvat Hall,
City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to
take additional action for the issuance of not to exceed $7,950,000 General Obligation Bonds,
Series 2012, for an essential corporate purpose of said City, in order to provide funds to pay
costs of the construction, reconstruction, and repair of public ways, sidewalks, overpasses,
and pedestrian underpasses and overpasses; the opening, widening, extending, grading and
draining of the right -of -way of streets, highways, avenues and public grounds and the
removal and replacement of dead or diseased trees thereon; the construction, reconstruction,
and repairing of any street improvements, bridges, culverts, and retaining walls; the
acquisition, construction, improvement, and installation of street lighting fixtures,
connections, and facilities; the acquisition, installation and repair of traffic control devices;
the acquisition, construction, reconstruction, extension, improvement, and equipping of works
and facilities useful for the collection and disposal of surface waters and streams; the
reconstruction, extension and improvement of the existing Municipal Airport; the
improvement of real estate for cemeteries and the construction, reconstruction and repair of
cemetery facilities; the rehabilitation, improvement and equipping of existing city parks,
including facilities, equipment and improvements commonly found in city parks; the
equipping of the fire department; and the acquisition, construction, reconstruction, and
improvement of all waterways useful for the protection or reclamation of property situated
within the corporate limits of the city from floods or high waters, and for the protection of
property in the city from the effects of flood waters, including the construction of levees,
embankments, structures, impounding reservoirs, or conduits, as well as the development and
beautification of the banks and other areas adjacent to flood control improvements.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of the 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 bonds or will abandon the proposal to issue bonds.
This notice is given by order of the City Council of the City of Iowa City, State of
Iowa, as provided by Section 384.25 of the City Code of Iowa.
Dated this 23rd day of April, 2012.
s/Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
City burk
—4N'
Mayor
WON
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock p M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
• Resolution fixing date for a meeting on the proposition to issue.
Other Business
• Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City berk, City of Iowa City, State of Iowa
R+Dsrr--A ; Y-/ is/ cola
ReMouF_ca1, u��gJavia
9 :dv AN! SF
FY2012 General Obligation Bonds Project Schedule
Acct # Project Name
Amount
3428 Runway 7 -25 Taxiway
$
232,000
3626 First Ave Stormsewer
$
710,000
3803 Lower Muscatine Road
$
540,000
3814 Traffic Signals Project
$
120,000
3828 Sidewalk Infill
$
100,000
3849 Brick Street Constr
$
290,000
3871 1st Ave /IAIS RR Overpass
$
2,190,000
3930 Dubuque St. Ped Bridge
$
380,000
3961 West Side Levee
$
400,000
3962 East Side Levee
$
100,000
3967 Normandy /Manor Intersect
$
80,000
4130 Parks Annual Improvements
$
200,000
4145 Cemetery resurfacing
$
50,000
4152 Terry Trueblood Rec Area
$
500,000
4206 Intra -city Bike Trails
$
50,000
4222 Hiway 1 Sidewalk/Trail
$
1,000,000
4406 Fire Apparatus
$
634,000
sub total essential corp purpose
$
7,576,000
issuance cost rounded up
$
374,000
Essential Corporate Purpose
$
7,950,000
4422 New Animal Shelter
$
700,000
general corporate purpose
$
700,000
4427 Fire Station #1 Kitchen Remodel
$
129,905
4428 Police Crime Lab
$
82,600
4429 Police Station Remodel
$
198,450
4430 Police Breakroom /Restroom Rm
$
59,250
4704 City Hall Improvements
$
141,300
4718 City Hall Security Camera Upgrd
$
75,000
subtotal general corporate purpose
$
686,505
issuance cost rounded up
$
13,495
$
700,000
Tax exempt totals... $ 9,350,000
4513 Riverfront Crossings Urban RA $ 200,000
4514 Towncrest Redevelopment $ 400,000
subtotal essential -urban renewal $ 600,000
issuance cost rounded up $ 50,000
Taxable Issue Total... $ 650,000
$ 9,950,000
-3d-.5 o
�&_ 8.21,
�- /,'C, *0 3
Taxable
Taxable
- /4,, 36& 3 '-�
Note : Reduced Towncrest by $200k, postponed Rock Island Railroad to FY13, and
will be funding GRIP from Gen Fund Balance.
-A5 v
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA
CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE
OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES
2012, (FOR AN ESSENTIAL CORPORATE PURPOSE) OF THE CITY, AND
THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Iowa City, State of Iowa, will
hold a public hearing on the 1 day of May, 2012, at 7:00 o'clock P.M., in the Emma J.
Harvat Hall, City Hall, 410 E. ashington, Iowa City, Iowa, at which meeting the
Council proposes to take additio al action for the issuance of not to exceed $7;95 , 00
General Obligation Bonds, Series 2012, for an essential corporate purpose of`s 'd City, in
order to provide funds to pay cost of the construction, reconstruction, an �'r air of
public ways, sidewalks, overpassek and pedestrian underpasses and oyd� sses; the
opening, widening, extending, gradIpg and draining of the right -of -Ia of streets,
highways, avenues and public groun4s and the removal and replace ent of dead or
diseased trees thereon; the construction, reconstruction, and repa' ng of any street
improvements, bridges, culverts, and rgtaining walls; the ac ` tion, construction,
improvement, and installation of street 4ghting fixtures, co ections, and facilities; the
acquisition, installation and repair of tra is control devc ; the acquisition, construction,
reconstruction, extension, improvement, d equippin of works and facilities useful for
the collection and disposal of surface wat s and strms; the reconstruction, extension
and improvement of the existing Municipa Airport; the improvement of real estate for
cemeteries and the construction, reconstruc 'onnd repair of cemetery facilities; the
rehabilitation, improvement and equipping.o existing city parks, including facilities,
equipment and improvements commonly ,u d in city parks; the equipping of the fire
department; and the acquisition, constrotion, econstruction, and improvement of all
waterways useful for the protection o/reclamat on of property situated within the
corporate limits of the city from fl ds or high aters, and for the protection of property
in the city from the effects of flowaters, inclu
in g the construction of levees,
embankments, structures, impounding reservoirs, r conduits, as well as the development
and beautification of the bas and other areas adja ent to flood control improvements.
At the above meting the Council shall receiv oral or written objections from any
resident or propertydvner of the City, to the above ac 'on. After all objections have been
received and consi red, the Council will at this meeti or at any adjournment thereof,
take additional aofion for the issuance of bonds or will a andon the proposal to issue
bonds.
r-
t`
This notice is given by order of the City Council of the City of Iowa City, State of
Iowa, as provided by Section 384.25 of the City Code of Iowa.
Dated this day of
Clerk, City of Iowa City, State of Iowa
(End of Notice)
-5-
W
31
Council Member Mims 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, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same
be adopted. Council Member Dickens seconded the motion to adopt. The
roll was called and the vote was,
AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
NAYS:
Champion
None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 12 -194
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS,
SERIES 2012 (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Iowa City, State of 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, Series 2012, to the amount of not to
exceed $700,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
WHEREAS, the City has a population of more than 5,000, but not more than
75,000, and the amount of the proposed bond issue is not more than $700,000; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to
issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA:
-7-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the 1st day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $700,000 of
General Obligation Bonds, Series 2012, the proceeds of which bonds will be used to
provide funds to pay costs of the construction, reconstruction, enlargement, improvement
and equipping of City Hall, police stations, and fire stations, including miscellaneous
improvements to City Hall and other departments 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 the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten clear days before the date of the public meeting on the
issuance of the bonds.
Section 3. The notice of the proposed action to issue bonds shall be in
substantially the following form:
Publish 4/23
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $700,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF BONDS
Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa,
will hold a public hearing on the 1 st day of May, 2012, at 7:00 o'clock P.M., in the Emma J.
Harvat Hall, City Hall, 410 E. Washington, 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, Series 2012 (for a general corporate purpose), bearing interest at the rate of not to
exceed seven (7) per centum per annum, the bonds to be issued for the purpose of providing
funds to pay costs of the construction, reconstruction, enlargement, improvement and
equipping of City Hall, police stations, and fire stations, including miscellaneous
improvements to City Hall and other departments.
At any time before the date of the meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.26 of the Code of Iowa.
This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as
provided by Section 384.26 of the Code of Iowa.
Dated this 23rd day of April, 2012.
Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
City Cle
&19f� & 4
Mayor
-10-
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
• Resolution fixing date for a meeting on the proposition to issue.
Other Business
• Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City berk, City of Iowa City, State of Iowa
PI,CTr r, �-/is/ .20 /a
/ / :fib h-K s i-
REnnou,r-_A,, 4121 %ao /a
5 :17a ANM S F
NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CIT ,
STATE OF IOWA, ON THE MATTER
OF THE PRO
ED ISSUANCE OF NOT TO EEED
$700,000 P
AL AMOUNT OF GENERAY'
OBLIGATION,B
S, SERIES 2012 (FOR A °GENERAL
CORPORATE O
OSE), AND HEARING,.ON
ISSUANCE OF BO S
Public Notice is hereby given hat the Council of the City of Iowa City, State of
Iowa, will hold a public hearing on th 1 st day of May, 2012, at 7:00 o'clock P.M., in the
Emma J. Harvat Hall, City Hall, 410 E Washington'Iowa City, Iowa, at which meeting
the Council proposes to take action for e issuance of not to exceed $700,000 of General
Obligation Bonds, Series 2012 (for age ral corporate purpose), bearing interest at the
rate of not to exceed seven (7) per centu ner annum, the bonds to be issued for the
purpose of providing funds to pay costs o
improvement and equipping of City Hall,
miscellaneous improvements to City Hall
'construction, reconstruction, enlargement,
ce stations, and fire stations, including
other departments.
At any time before the date of the meet\to petition, asking that the question of
issuing such bonds be submitted to the. legal vof the City, may be filed with the City
Clerk of the City in the manner provided by Sec 362.4 of the Code of Iowa, pursuant
to the provisions of Section 384.26 of the Codowa.
This Notice is given by
Iowa, as provided by Section 3
Dated this
ier of the Council 4 the City of Iowa City, State of
.26 of the Code of I a.
day of
12.
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
1-1001,3/
32
Council Member Dickens 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, SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE) AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved that the same
be adopted. Council Member Payne seconded the motion to adopt. The
roll was called and the vote was,
AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion, Dickens
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 12 -195
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $700,000 OF GENERAL OBLIGATION BONDS,
SERIES 2012 (FOR A GENERAL CORPORATE
PURPOSE) AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, the City of Iowa City, State of 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, Series 2012, to the amount of not to
exceed $700,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of
providing funds to pay costs thereof; and
WHEREAS, the City has a population of more than 5,000, but not more than
75,000, and the amount of the proposed bond issue is not more than $700,000; and
WHEREAS, before the bonds may be issued, it is necessary to comply with the
provisions of Chapter 3 84 of the Code of Iowa, and to publish a notice of the proposal to
issue such bonds and the right to petition for an election;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, STATE OF IOWA:
- 11 -
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the 1 st day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $700,000 of
General Obligation Bonds, Series 2012, the proceeds of which bonds will be used to
provide funds to pay costs of the construction, reconstruction, improvement and
equipping of city facilities, including the construction of an animal shelter 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 the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten clear days before the date of the public meeting on the
issuance of the bonds.
Section 3. The notice of the proposed action to issue bonds shall be in
substantially the following form:
-12-
Publish 4/23
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE
PROPOSED ISSUANCE OF NOT TO EXCEED $700,000
PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
SERIES 2012 (FOR A GENERAL CORPORATE PURPOSE),
AND HEARING ON ISSUANCE OF BONDS
Public Notice is hereby given that the Council of the City of Iowa City, State of Iowa,
will hold a public hearing on the 1 st day of May, 2012, at 7:00 o'clock P.M., in the Emma J.
Harvat Hall, City Hall, 410 E. Washington, 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, Series 2012 (for a general corporate purpose), bearing interest at the rate of not to
exceed seven (7) per centum per annum, the bonds to be issued for the purpose of providing
funds to pay costs of the construction, reconstruction, improvement and equipping of city
facilities, including the construction of an animal shelter.
At any time before the date of the meeting, a petition, asking that the question of
issuing such bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.26 of the Code of Iowa.
This Notice is given by order of the Council of the City of Iowa City, State of Iowa, as
provided by Section 384.26 of the Code of Iowa.
Dated this 23rd day of April, 2012.
s/Marian K. Karr
City Clerk, City of Iowa City, State of Iowa
(End of Notice)
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
QrL -c�-
City Cterk
Mayor
-14-
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock p M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
Resolution fixing date for a meeting on the proposition to issue.
Other Business
Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
2a�
City derk, City of Iowa City, State of Iowa
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NOTICE OF MEETING OF THE COUNCIL OF THE CITY
OF IOWA CITY, S ATE OF IOWA, ON THE MATTER
OF THE PROPOSE ISSUANCE OF NOT TO EXCEED
$700,000 PRINCIP AMOUNT OF GENERAL
OBLIGATION BO S, SERIES 2012 (FOR A GENE
CORPORATE PURP E), AND HEARING ON
ISSUANCE OF BOND
Public Notice is hereby given th t the Council of the C/a�t:00 Iowa City, State of
Iowa, will hold a public hearing on the st day of May, 2012, o'clock P.M., in the
Emma J. Harvat Hall, City Hall, 410 E. ashington, Iowa Ciwa, at which meeting
the Council proposes to take action for t
Obligation Bonds, Series 2012 (for a gen,
rate of not to exceed seven (7) per centun
purpose of providing funds to pay costs c
and equipping of city facilities, including
At any time before the date of the j
issuing such bonds be submitted to the lej
Clerk of the City in the manner provided
to the provisions of Section 384.26 of the
issuance of not t exceed $700,000 of General
-a1 corporate pu ose), bearing interest at the
per annum, tl bonds to be issued for the
the construction, reconstruction, improvement
he construction of an animal shelter.
This Notice is given by order c f the C
Iowa, as provided by Section 3 84.26 Hof the C
Dated this
r�
Lam`
of
,, a petition, asking that the question of
ers of the City, may be filed with the City
,tion 362.4 of the Code of Iowa, pursuant
of Iowa.
it of the City of Iowa City, State of
of Iowa.
2012.
City Cle k, City of Iowa City, State of Iowa
(End of Notice)
-13-
A+9
:33 7 -12
Council Member Dobyns introduced the following
Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000 TAXABLE
GENERAL OBLIGATION BONDS, SERIES 2012 OF THE CITY OF IOWA CITY,
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF ", and moved
that the same be adopted. Council Member Champion seconded the
motion to adopt. The roll was called and the vote was,
AYES: Hayek, Mims, Payne, Throgmorton Champion,
Dickens, Dobyns
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION N0. 12 -196
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $650,000
TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 OF
THE CITY 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 Taxable General Obligation Bonds, Series 2012, to the amount of not
to exceed $650,000, as authorized by Sections 384.24(3)(q) and 403.12, of the City Code
of Iowa, for the purpose of providing funds to pay costs of carrying out essential
corporate purpose (urban renewal) projects as hereinafter described; and
WHEREAS, before the Bonds may be issued, it is necessary to comply with the
provisions of the 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 the City to such action, and to publish a notice of the proposal to issue
such Bonds and the right to petition for an election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
-15-
Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, 410 E.
Washington, Iowa City, Iowa, at 7:00 o'clock P.M., on the 1 st day of May, 2012, for the
purpose of taking action on the matter of the issuance of not to exceed $650,000 Taxable
General Obligation Bonds, Series 2012, for essential corporate purposes of the City, the
proceeds of which Bonds will be used to provide funds to pay costs of aiding in the
planning, undertaking, and carrying out of urban renewal projects under the authority of
chapter 403, and all of the purposes set out in section 403.12, including the acquisition of
property in the Towncrest Urban Renewal Area and further development of the Urban
Renewal Area, including streets, streetscapes and rehabilitation projects; the planning and
design of Riverfront Crossings District and the acquisition of property necessary for the
operation of the City and the health and welfare of its citizens, including property within
the area of the City known as the Riverfront Crossings District.
Section 2. To the extent any of the projects or activities described in this resolution
may be reasonably construed to be included in more than one classification under
Division III of the City Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity,
pursuant to Section 384.28 of the City Code of Iowa.
Section 3. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of the meeting in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in the City. The
publication to be not less than ten clear days before the date of the public meeting on the
issuance of the Bonds.
Section 4. The notice of the proposed action to issue the Bonds shall be in
substantially the following form:
-16-
Publish 4/23
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO
EXCEED $650,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012
OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the City of Iowa City, State of Iowa, will hold a
public hearing on the 1st day of May, 2012, at 7:00 o'clock P.M., in the Emma J. Harvat Hall,
City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to
take additional action for the issuance of not to exceed $650,000 Taxable General Obligation
Bonds, Series 2012, for essential corporate purposes of said City, bearing interest at the rate
of not to exceed seven (7) per centum per annum, in order to provide funds to pay costs of
aiding in the planning, undertaking, and carrying out of urban renewal projects under the
authority of chapter 403, and all of the purposes set out in section 403.12, including the
acquisition of property in the Towncrest Urban Renewal Area and further development of the
Urban Renewal Area, including streets, streetscapes and rehabilitation projects; the planning
and design of Riverfront Crossings District and the acquisition of property necessary for the
operation of the City and the health and welfare of its citizens, including property within the
area of the City known as the Riverfront Crossings District.
At any time before the date of the meeting, a petition, asking that the question of
issuing such Bonds be submitted to the legal voters of the City, may be filed with the City
Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to
the provisions of Section 384.24(3)(q) of the Code of Iowa.
Also, at the above meeting the Council shall receive oral or written objections from
any resident or property owner of the City, to the above action. After all objections or
petitions asking that the proposition be submitted to an election have been received and
considered, the Council will at this meeting or at any adjournment thereof, take additional
action for the issuance of bonds or will take such other action as it may deem appropriate.
This notice is given by order of the City Council of the City of Iowa City, Iowa, as
provided by Section 384.24(3)(q) and 403.12 of the City Code of Iowa.
Dated this 23rd day of April, 2012.
s/Marian K. Karr
City Clerk, City of Iowa City, Iowa
(End of Notice)
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
City Clerk
6-1- .-kl
Mayor
-19-
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
• Resolution fixing date for a meeting on the proposition to issue.
Other Business
• Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City berk, City of Iowa City, State of Iowa
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-*1-3
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT
TO EXCEED $650,0 TAXABLE GENERAL OBLIGATION BONDS, SERIES
2012 OF THE CITY,ND THE HEARING ON THE ISSUANCE THEREOF
PUBLIC NOTICE is he by given that the City of Iowa City, State of Iowa, will
hold a public hearing on the 1 s,% Ja y of May, 2012, at 7:00 o'clock P.M., in the Emma J.
Harvat Hall, City Hall, 410 E. W shington, Iowa City, Iowa, at which meeting the
Council proposes to take addition 1 action for the issuance of not to exceed $650,000
Taxable General Obligation Bonds Series 2012, for essential corporate purposes of said
City, bearing interest at the rate of t to exceed seven (7) peg# centum per annum, in
order to provide funds to pay costs o aiding in the plamm� undertaking, and carrying
out of urban renewal projects under t e authority of chap r 403, and all of the purposes
set out in section 403.12, including th acquisition of p perty in the Towncrest Urban
Renewal Area and further developmen of the Urba enewal Area, including streets,
streetscapes and rehabilitation projects; he planni g and design of Riverfront Crossings
District and the acquisition of property n cessa for the operation of the City and the
health and welfare of its citizens, includi operty within the area of the City known as
the Riverfront Crossings District.
At any time before the date of the met
issuing such Bonds be submitted t9iihe legal
Clerk of the City in the manner ovided by
to the provisions of Section 384.24(3)(q) of 1
ing, a petition, asking that the question of
, oters of the City, may be filed with the City
ction 362.4 of the Code of Iowa, pursuant
Code of Iowa.
Also, at the above meeting the Council sh ll receive oral or written objections
from any resident or property owner of the City, t the above action. After all objections
or petitions asking that "the proposition be submitte to an election have been received
and considered, the 1ouncil will at this meeting or a any adjournment thereof, take
additional action fdr the issuance of bonds or will tak such other action as it may deem
appropriate.
This gotice is given by order of the City Council o the City of Iowa City, Iowa, as
provided by Section 384.24(3)(q) and 403.12 of the City C de of Iowa.
-17-
`l-�9
34
Council Member Dobvns introduced the following Resolution
entitled "A RESOLUTION AUTHORIZING THE REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002, DATED
NOVEMBER 1, 2002, AND GENERAL OBLIGATION BONDS, SERIES 2003,
DATED DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF IOWA,
AND DIRECTING NOTICE BE GIVEN" and moved its adoption. Council Member
Payne seconded the motion to adopt. The roll was called and the vote was,
AYES: Mims Payne Throgmorton Champion Dickens,
Dobvns Hayek
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 12 -197
RESOLUTION AUTHORIZING THE REDEMPTION OF
OUTSTANDING GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2002, DATED NOVEMBER 1, 2002, AND
GENERAL OBLIGATION BONDS, SERIES 2003, DATED
DECEMBER 15, 2003, OF THE CITY OF IOWA CITY, STATE OF
IOWA, AND DIRECTING NOTICE BE GIVEN
WHEREAS, the City did by resolution dated October 22, 2002, authorize the
issuance of $10,600,000 General Obligation Refunding Bonds, Series 2002, (the "Series
2002 Bonds ") dated November 1, 2002; and
WHEREAS, the Bonds are redeemable in any order of their numbering on June 1,
2012 or any date thereafter upon giving notice in the manner provided in the resolution
authorizing the issuance of the Series 2002 Bonds; and
WHEREAS, it is deemed necessary and advisable that $1,290,000 of the bonds
maturing in the years 2013 through and including 2015, be so redeemed on June 1, 2012,
and notice of redemption be given according to the terms of the resolution authorizing
issuance of the Series 2002 Bonds; and
WHEREAS, the City did by resolution dated November 25, 2003, authorize the
issuance of $5,570,000 General Obligation Bonds, Series 2003, (the "Series 2003
Bonds ") dated December 15, 2003; and
-20-
WHEREAS, the Bonds are redeemable in any order of their numbering on June 1,
2012 or any date thereafter upon giving notice in the manner provided in the resolution
authorizing the issuance of the Series 2003 Bonds; and
WHEREAS, it is deemed necessary and advisable that $1,140,000 of the bonds
maturing in the years 2013 through and including 2014, be so redeemed on June 1, 2012,
and notice of redemption be given according to the terms of the resolution authorizing
issuance of the Series 2003 Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, STATE OF IOWA:
Section 1. That outstanding General Obligation Refunding Bonds, Series 2002,
dated November 1, 2002, in the principal amount of $1,290,000, be and the same are
hereby redeemed as of June 1, 2012.
The City Controller is hereby authorized and directed to cause notice of such
redemption be given not less than thirty (30) days prior to the redemption date and to
cause notice of redemption to be mailed to the registered owners of the Series 2002
Bonds by ordinary mail.
Section 2. That outstanding General Obligation Bonds, Series 2003, dated
December 15, 2003, in the principal amount of $1,140,000, be and the same are
hereby redeemed as of June 1, 2012.
The City Controller is hereby authorized and directed to cause notice of such
redemption be given not less than thirty (30) days prior to the redemption date and to
cause notice of redemption to be mailed to the registered owners of the Series 2002
Bonds by ordinary mail.
Section 3. The Finance Director is hereby authorized and directed to cause to be
deposited in a separate fund sum sufficient to pay all principal and interest on the
redeemed Series 2002 Bonds and the Series 2003 Bonds to the date of redemption.
Section 4. That the form of such notice be substantially as follows:
-21-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF
THE FOLLOWING DESCRIBED BONDS:
Please take notice that the Bonds described below have been called for
redemption. Owners of the Bonds should present their Bonds for payment on the
redemption date.
Issuer: City of Iowa City, State of Iowa
Original Issue Amount: $10,600,000
Bond Issue: General Obligation Refunding Bonds, Series 2002
Dated Date: November 1, 2002
Redemption Date: June 1, 2012
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
CUSIP
Principal
Numbers
Bond Numbers
Amount
Interest Rate
Maturily
462308 TU1
11
$435,000
4.00%
June 1, 2013
462308 TV9
12
$425,000
4.00%
June 1, 2014
462308 TW7
13
$430,000
4.00%
June 1, 2015
No representation is made as to the accuracy of the CUSIP numbers printed herein
or on the Bonds.
The above Bonds should be presented to the City Controller, 410 E. Washington
Street, Iowa City, Iowa 52240 -1826. This represents a full call of the outstanding
obligations. All interest will cease to accrue on the Redemption Date.
CI Y CONTROLLER, Iowa City, Iowa
(End of Notice)
-22-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF
THE FOLLOWING DESCRIBED BONDS:
Please take notice that the Bonds described below have been called for
redemption. Owners of the Bonds should present their Bonds for payment on the
redemption date.
Issuer: City of Iowa City, State of Iowa
Original Issue Amount: $5,570,000
Bond Issue: General Obligation Bonds, Series 2003
Dated Date: December 15, 2003
Redemption Date: June 1, 2012
Redemption Price: Par, plus accrued interest
Bonds Called for Redemption
CUSIP Principal
Numbers Bond Numbers Amount Interest Rate Maturi
462308 UF2 9 $560,000 3.35% June 1, 2013
462308 UGO 10 $580,000 3.60% June 1, 2014
No representation is made as to the accuracy of the CUSIP numbers printed herein
or on the Bonds.
The above Bonds should be presented to the City Controller, 410 E. Washington
Street, Iowa City, Iowa 52240 -1826. This represents a full call of the outstanding
obligations. All interest will cease to accrue on the Redemption Date.
CITY CONTROLLER, Iowa City, Iowa
(End of Notice)
-23-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE HOLDERS OF
THE FOLLOWING DESCRIBED BONDS:
take notice that the Bonds described below have been called for
Owners of the Bonds should present their Bonds for payment on
late.
Issuer: City of Iowa City, State of Iowa
Original Iss e Amount: $10,600,000
Bond Issue:
Dated Date:
Redemption Date:
General Obligation
November 1, 2002
June 1, 2012
Redemption Price: P plus accz nterest
Bonds Call for mption
onds, Series 2002
CUSIP
Princi al
Numbers
Bond Numbers
t
Interest Rate
Maturijy
462308 TUl
11
00
4.00%
June 1, 2013
462308 TV9
12
00
r42
.00%
June 1, 2014
462308 TW7
13
00
4. 0%
June 1, 2015
No repre/Bondhould e as to the accuracy of the C P numbers printed herein
or on the Bonds
The abovbe presented to the City Controller, 0 E. Washing ton
Street, Iowa Cit826. This represents a full call of the o tstanding
obligations. All se to accrue on the Redemption Date.
CITY CONTROLLER, Iowa ty, Iowa
(End of Notice)
-22-
NOTICE OF THE CALL OF BONDS FOR REDEMPTION TO THE I,JbLDERS OF
THE FOLLOWING DESCRIBED BONDS: /
Please take notice that the Bonds described be/nda called for
redemption. Owners of the Bonds should present theiyment on the
redemption date.
Issuer: City of Iowa City,
Original Iss , Amount: $5,570,000
Bond Issue:
Dated Date:
Redemption Date:
Redemption Price:
General Oblig on Bonds, Series 2003
December , 2003
June 1, ,'012
,,Olus accrued interest
CUSIP Prince al
Numbers Bond Numb is Amoun Interest Rate Mature
462308 UF2 9 $560,000 3.35% June 1, 2013
462308 UGO 10 $580,000 3.60% June 1, 2014
No representatio/smade as to the accuracy o the CUSIP numbers printed herein
or on the Bonds.
The above Bo ds should be presented to the City Co roller, 410 E. Washington
Street, Iowa City, I wa 52240 -1826. This represents a full cal f the outstanding
obligations. All i erest will cease to accrue on the Redemption ate.
CITY CONTROLLER, owa City, Iowa
(End of Notice)
-23-
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
2NA,�.4'z k - I N-
City erk
Mayor
-24-
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
Resolution fixing date for a meeting on the proposition to issue.
Other Business
• Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City berk, City of Iowa City, State of Iowa
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✓ 04-17-12
35
Council Member Mims introduced the following Resolution
entitled "RESOLUTION APPROVING POST - ISSUANCE COMPLIANCE POLICY'
and moved that it be adopted. Council Member Payne seconded the
motion to adopt, and the roll being called thereon, the vote was as follows:
AYES: Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. Mims
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
RESOLUTION N0. 12 -198
RESOLUTION APPROVING POST - ISSUANCE COMPLIANCE POLICY
WHEREAS, the City of Iowa City, sometimes hereinafter referred to as the City,
is a municipal corporation duly incorporated, organized and existing under and by virtue
of the Constitution and laws of the State of Iowa; and
WHEREAS, various requirements apply under the Internal Revenue Code and
Income Tax Regulations (hereinafter "IRS Requirements ") including information filing
and other requirements related to issuance, the proper and timely use of bond - financed
property, and arbitrage yield restriction and rebate requirements; and
WHEREAS, to comply with the IRS Requirements, governmental bond issuers
must ensure that the rules are met at the time the bonds, capital loan notes or lease -
purchase obligations (hereinafter "bonds ") are issued and throughout the term of the
bonds; and
WHEREAS, this includes the continued review of post- issuance obligations and
maintenance of records:
-25-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. The "Post- Issuance Compliance Policy" (hereinafter "Policy ") attached
hereto as Exhibit A is hereby adopted and approved.
Section 2. The official designated in said policy shall take any and all action
necessary to properly implement the policy.
PASSED AND APPROVED this 17th day of April, 2012.
ATTEST:
City C erk
ll'T��
Mayor
-26-
EXHIBIT A
Post - Issuance Compliance Policy for
Tax - Exempt Governmental Bonds
Definitions
"Code" means Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as
amended.
"Rules" means Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as
amended, and the U.S. Treasury Regulations promulgated thereunder.
"Advisors" means the Issuer's bond counsel, financial advisor, paying agent, and rebate analyst.
"Governing Body" means the City Council of the Issuer.
"Issuer" means the City of Iowa City, State of Iowa.
"Output Facility" means electric and gas generation, transmission, distribution, and related
facilities, and water collection, storage, and distribution facilities.
Purpose
Issuers of tax- exempt governmental bonds must comply with federal tax rules pertaining to
expenditure of proceeds for qualified costs, rate of expenditure, use of bond financed property,
investment of proceeds in compliance with arbitrage rules, and retention of records. As an issuer
of such bonds, the Governing Body of the Issuer is required by the terms of Sections 103 and
141 through 150 of the Internal Revenue Code of 1986, as amended, and the U.S. Treasury
Regulations promulgated thereunder, to take certain actions subsequent to the issuance of the
bonds to ensure the continuing tax - exempt status of such bonds. Further, Section 6001 of the
Code and Section 1.6001 -1(a) of the Treasury Regulations impose record retention requirements
on the Issuer with respect to its tax- exempt governmental bonds. This policy is designed to
ensure that the Issuer complies with its tax compliance obligations under applicable provisions of
the Rules.
Effective Date and Term
The effective date of this policy shall be the date of approval by the Governing Body, and shall
remain in effect until superseded or terminated by action of the Governing Body. The Issuer
shall comply with this policy upon issuance of bonds and as long as the bonds remain
outstanding. This policy may be revised to comply with amendments to the Rules during the
period the bonds are outstanding.
Responsible Parties
The Director of Finance (the "Compliance Officer ") shall be the party primarily responsible for
ensuring that the Issuer successfully carries out its tax compliance requirements under applicable
provisions of the Rules with regard to all obligations of the Issuer. The Compliance Officer shall
be assisted by other staff and officials when appropriate and at the Compliance Officer's
discretion. The Compliance Officer shall also be authorized to retain and consult with the
Advisors during the time the bonds are outstanding for assistance in carrying out post - issuance
tax compliance requirements.
The Compliance Officer shall be responsible for assigning post - issuance tax compliance
responsibilities to other staff and to the Advisors. The Compliance Officer shall utilize such
other professional service organizations as are necessary to ensure compliance with the post -
issuance tax compliance requirements of the Issuer. The Compliance Officer shall provide
training and educational resources to staff responsible for ensuring compliance with any portion
of the tax compliance requirements of this policy.
Expenditure of Bond Proceeds
Expenditure Review Process:
The Compliance Officer shall review the resolution authorizing issuance for each tax- exempt
obligation, and shall:
a) obtain a computation of the yield on such issue from the City's financial advisor;
b) create a separate Project Fund (with as many sub -funds as shall be
necessary to allocate proceeds among the projects being funded by the
issue) into which the proceeds of issue shall be deposited;
c) review all requisitions, draw schedules, draw requests, invoices and bills
requesting payment from the Project Fund;
d) determine whether payment from the Project Fund is appropriate, and if
so, "make payment from the Project Fund (and appropriate sub -fund if
applicable);
e) maintain records of the payment requests and corresponding cancelled
checks showing payment;
f) consult with the Advisors to ensure that such expenditures are within the sixty
(60) day period prior to the date in which the Issuer made a "declaration of intent"
to reimburse such costs or are preliminary expenditures under the Code, in the
2 '
Responsible Parties
The (the "Compliance Officer ") shall be the party
primarily responsible for ensuring that the Issuer successfully carries out its tax compliance
requirements under applicable provisions of the Rules with regard to all obligations of the Issuer.
The Compliance Officer shall be assisted by other staff and officials when appropria and at the
Compliance Officer's discretion. The Compliance Officer shall also be authorized t retain and
consult with the Advisors during the tim ie bonds are outstanding for assistanc n carrying out
post - issuance tax compliance
The Compliance Officer shall be respons'1
responsibilities to other staff and to the A
other professional service organizations a
issuance tax compliance requirements of t]
training and educational resources to staff
of the tax compliance requirements of this
Expenditure of Bond Proceeds
Expenditure Review Process:
The Compliance Officer shall review the
obligation, and shall:
a) obtain a computation of the
le for assigning post - issuance t compliance
visors. The Compliance Off er shall utilize such
are necessary to ensure c plane with the post-
e Issuer. The Compli ce Officer shall provide
- esponsible for ens ' g compliance with any portion
Dolicv.
izing issuance for each tax- exempt
on such issue from the City's financial advisor;
b) create a separate Project
d (with as many sub -funds as shall be
necessary to allocate ocee
s among the projects being funded by the
issue) into which t procee
s of issue shall be deposited;
c) review all requ' itions, draw
schedules, draw requests, invoices and bills
requesting p ent from the
Project Fund;
d) determi whether payment
om the Project Fund is appropriate, and if
so, m , e payment from the
reject Fund (and appropriate sub -fund if
app cable);
e) aintain records of the paym nt requests and corresponding cancelled
checks showing payment;
f) consult with the Advisors to e sure that such expenditures are within the sixty
(60) day period prior to the da e in which the Issuer made a "declaration of intent"
to reimburse such costs or are reliminary expenditures under the Code, in the
7
event the Issuer seeks to utilize bond proceeds for costs that were incurred prior to
the issuance of the bonds;
g) maintain records showing the earnings on, and investment of, the Project
Fund;
h) ensure that investments acquired with proceeds are purchased at fair
market value; and
i) identify bond proceeds or applicable debt service allocations that must be
invested with a yield - restriction and monitor the investments of any yield -
restricted funds to ensure that the yield on such investments does not
exceed the yield to which such investments are restricted.
Rate of Expenditure:
The Compliance Officer shall ensure that the expenditure of bond proceeds will be monitored
against the expenditure expectations represented in the tax compliance certificate for such bond
issue to ensure that:
• Five percent (5 %) of the net sale proceeds were spent or committed within six (6) months
of the issue date;
• Eighty -five percent (85 %) of the net sale proceeds were spent within three (3) years of
the issue date; and
• the Issuer proceeded with due diligence to complete the project and fully spend the net
sale proceeds.
Failure to meet the expected expenditure expectations represented in the tax compliance
certificate for such bond issue shall be documented and retained by the Compliance Officer in
the records for the bond issue.
Arbitrage Rules and Rebate Requirements
The Compliance Officer shall review the tax compliance certificate for each tax - exempt
obligation, and the expenditure records, and shall:
a) monitor and ensure that proceeds of each such issue are spent within the
temporary period set forth in such certificate;
b) if the "small issuer" exception does not apply, monitor and ensure that the
proceeds are spent in accordance with one or more of the applicable
exceptions to rebate as set forth in such certificate;
3
C) not less than sixty (60) days prior to a required expenditure date confer
with bond counsel if it appears expenditures will fail to meet the
applicable temporary period or rebate exception expenditure requirements
of the Tax- Exemption Certificate;
d) in the event of failure to meet a temporary period or rebate exception:
i. procure a timely computation of any rebate liability and, if rebate
is due, file a Form 8038 -T and arrange for payment of such rebate
liability;
ii. arrange for timely computation and payment of "yield reduction
payments" (as such term is defined in the Code and Treasury
Regulations), if applicable;
e) ensure that the investment of bond proceeds is made only in permitted
investments of the Issuer as outlined in Iowa Code chapters 12B and 12C,
and any official policy;
f) consult with the Advisors to ensure that the investment of bond proceeds
is performed in compliance with the arbitrage rules and rebate
requirements;
g) consult with the Advisors to identify bond proceeds that must be yield -
restricted and shall monitor the investments of any yield - restricted funds
to ensure that the yield on such investments does not exceed the yield to
which such investments are restricted;
h) contact the Rebate Analyst (and, if appropriate, bond counsel) prior to the
fifth anniversary of the date of issuance of each issue of bonds of the
Issuer and each fifth anniversary thereafter to arrange for calculations and
reports of the rebate requirements with respect to such bonds; and
i) if a rebate payment is required to be paid by the Issuer, the compliance
officer shall prepare or cause to be prepared the appropriate form to be
filed with the IRS (Form 8038 -T).
Filings with Internal Revenue Service
The Compliance Officer, with assistance from bond counsel, shall ensure that each issuance of
bonds is properly reported with the Internal Revenue Service (IRS) as required by Section 149(e)
11
of the Code. On the issue date of each series of bonds, the Compliance Officer shall consult with
the Advisors to identify the deadline to file the requisite IRS form for such issue.
Reporting the Issuance of Tax - Exempt Bonds
The original issuance of a tax- exempt bond issue with an issue price of one hundred thousand
dollars ($100,000) or greater shall be reported on Form 8038 -G. The original issuance of a tax -
exempt bond issue with an issue price less than one hundred thousand dollars ($100,000) shall be
reported on Form 8038 -GC.
• Forms 8038 -G and 8038 -GC shall be filed by the Compliance Officer or bond counsel no
later than the 15th day of the 2nd calendar month following the quarter in which the
bonds were issued.
The Compliance Officer shall consult with the Advisors to ensure the Form 8038 -G is
accurately filled out.
Rebate Reporting Requirements
The Compliance Officer shall contact the rebate analyst prior to the 5th anniversary of the issue
date on each series of bonds and each 5th anniversary thereafter to arrange for calculations of the
rebate requirements with respect to such bonds. If a rebate payment is required to be paid, the
Compliance Officer shall prepare or cause to be prepared a Form 8038 -T, and submit such Form
8038 -T to the IRS with the required rebate payment.
If the Issuer is authorized to recover a rebate payment previously paid, the Compliance Officer
shall prepare or cause to be prepared a Form 8038 -R, with respect to such rebate recovery, and
submit such Form 8038 -R to the IRS.
Use of Bond - Financed Property
The Compliance Officer shall monitor the use of all bond - financed facilities in order to
determine whether private business uses of bond - financed facilities have exceeded the limits set
forth in Section 141(b) of the Code (generally 10% of bond proceeds) as a result of leases and
subleases, licenses, management contracts, research contracts, naming rights agreements or other
arrangements that provide special legal entitlements to nongovernmental persons.
To this end, the Compliance Officer shall:
a) maintain appropriate records and a list of all bond financed assets. Such records
shall include the actual amount of proceeds (including investment earnings) spent
on each of the bond financed assets;
b) with respect to each bond financed asset, the Compliance Officer will monitor and
confer with bond counsel with respect to all proposed:
5
i. management contracts,
ii. service agreements,
iii. research contracts,
iv. naming rights contracts,
V. leases or sub - leases,
vi. joint venture, limited liability or partnership arrangements,
vii. sale of property;
viii. any other change in use of such asset; or
ix. output contracts (including retail and wholesale requirements
contracts);
c) maintain a copy of the proposed agreement, contract, lease or arrangement,
together with the response by bond counsel with respect to the proposal for at
least three (3) years after retirement of all tax- exempt obligations issued to fund
all or any portion of bond financed assets, or obligations issued to refund those
obligations;
d) provide training and educational resources to any staff member that has the
primary responsibility for the operation, maintenance, or inspection of bond -
financed facilities with regard to the limitations on the private business use and on
the private security or payments with respect to bond - financed facilities;
e) ensure that no item of bond - financed property will be sold or transferred to a
nonexempt party without advance arrangement of a "remedial action" under the
applicable Treasury Regulations and the Compliance Officer shall consult with
bond counsel prior to the sale or transfer of any bond - financed property; and
f) In the event of an action with respect to a bond financed asset, which may cause
the private business tests or private loan financing test to be met, the Compliance
Officer shall contact bond counsel for advice and ensure timely remedial action
under IRS Regulation Sections 1.141 -12.
Special Rules for Output Facilities
Financing an Output Facility:
The Compliance Officer shall make the following determinations with respect to Output
Facilities:
a) whether the Issuer will use all or a portion of the proceeds of the bond issue to
finance an Output Facility;
IN
b) whether any portion of the proceeds of the bond issue will be used to acquire non-
governmental output property (other than a facility for the furnishing of water) as
described in Code Section 141(d)(2);
L if a portion of the proceeds will be used to acquire non - governmental
output property, determine whether that portion of the proceeds exceeds
the lesser of five (5) percent of such proceeds, or $5,000,000;
ii. if the portion of the proceeds used to acquire non - governmental output
property exceeds the lesser of five (5) percent of such proceeds or
$5,000,000, the Compliance Officer shall contact bond counsel for advice.
Output Contracts — Purchase of Available Output by Nongovernmental Persons:
The purchase pursuant to a contract by a nongovernmental person of available output of an
Output Facility financed with proceeds of an issue is taken into account under the private
business tests if the purchase has the effect of transferring the benefits of owning the facility and
the burdens of paying the debt services on bonds used (directly or indirectly) to finance the
facility. To this end, the Compliance Officer shall monitor arrangements for the sale of output
and confer with Advisors in order to determine whether such output contracts cause an issue to
meet the private business tests, or meet exceptions provided in Section 1.141 -7 of the Rules.
The Compliance Officer shall examine and monitor all proposed sales of available output,
including sales at wholesale or retail for compliance with Section 1.141 -7 of the Rules and
confer with Advisors, as necessary.
Advance Refundings
The Compliance Officer shall be responsible for the following current, post issuance and record
retention procedures with respect to advance refunding bonds:
a) Identify and select bonds to be advance refunded with advice from internal
financial personnel, the City's financial advisor and bond counsel.
b) The Compliance Officer shall identify, with advice from the City's financial
advisor and bond counsel, any possible federal tax compliance issues prior to
structuring any advance refunding.
c) The Compliance Officer shall review the structure with the input of the City's
financial advisor and bond counsel, of advance refunding issues prior to the
issuance to ensure (i) that the proposed refunding is permitted pursuant to
applicable federal tax requirements if there has been a prior refunding of the
original bond issue; (ii) that the proposed issuance complies with federal income
tax requirements which might impose restrictions on the redemption date of the
refunded bonds; (iii) that the proposed issuance complies with federal income tax
7
requirements which allow for the proceeds and replacement proceeds of an issue
to be invested temporarily in higher yielding investments without causing the
advance refunding bonds to become "arbitrage bonds "; and (iv) that the proposed
issuance will not result in the issuer's exploitation of the difference between tax
exempt and taxable interest rates to obtain an financial advantage nor overburden
the tax exempt market in a way that might be considered an abusive transaction
for federal tax purposes.
d) The Compliance Officer shall collect and review data related to arbitrage yield
restriction and rebate requirements for advance refunding bonds. To ensure such
compliance, the Compliance Officer shall engage the City's rebate consultant to
prepare a verification report in connection with the advance refunding issuance.
Said report shall ensure said requirements are satisfied.
e) The Compliance Officer shall, whenever possible, purchase SLGS to size each
advance refunding escrow. The City's financial advisor and rebate consultant shall
be included in the process of subscribing SLGS. To the extent SLGS are not
available for purchase, the Compliance Officer shall, in consultation with bond
counsel, comply with IRS regulations.
f) To the extent the issuer elects to purchase a guaranteed investment contract, the
Compliance Officer shall ensure, after input from bond counsel, compliance with
any bidding requirements set forth by the IRS regulations.
g) In determining the issue price for any advance refunding issuance, the
Compliance Officer shall rely on the issue price certification by the purchasing
underwriter at closing.
h) After the issuance of an advance refunding issue, the Compliance Officer shall
ensure timely identification of violations of any federal tax requirements and
engage bond counsel in attempt to remediate same in accordance with IRS
regulations.
Record Retention
Management and retention of records related to bond issues shall be supervised by the
Compliance Officer. Records and documents pertaining to cancellation, transfer, redemption or
replacement of Issuer bonds shall be preserved by the Issuer or its agent for a period of not less
than eleven (11) years, as set forth in Iowa Code Section 76.10. Other records shall be retained
during the period in which the bonds remain outstanding (plus any refunding bonds) plus three
(3) years. Records may be in the form of documents and electronic copies of documents,
appropriately indexed to specific bond issues and compliance functions.
The Compliance Officer shall collect and retain the following records with respect to each issue
of bonds of the Issuer and with respect to the facilities financed with the proceeds of such bonds:
:,
• audited financial statements of the Issuer;
• appraisals, demand surveys, or feasibility studies, if any, with respect to the facilities to
be financed with the proceeds of such bonds;
• publications, brochures, and newspaper articles, if any, related to the bond financing;
• trustee or paying agent statements;
• records of all investments and the gains (or losses) from such investments;
• paying agent or trustee statements regarding investments and investment earnings;
• reimbursement resolutions, if any, and expenditures reimbursed with the proceeds of such
bonds;
• allocations of proceeds to expenditures (including costs of issuance) and the dates and
amounts of such expenditures (including any requisitions, expenditure /draw schedules,
expenditure /draw requests, invoices, bills, and cancelled checks with respect to such
expenditures;
• contracts entered into for the construction, renovation, or purchase of bond - financed
facilities;
• an asset list or schedule of all bond financed depreciable property and any depreciation
schedules with respect to such assets or property;
• records of the purchases and sales of bond - financed assets;
• private business uses of bond - financed facilities that arise subsequent to the date of issue
through leases and subleases, licenses, management contracts, research contracts, naming
rights agreements, or other arrangements that provide special legal entitlements to
nongovernmental persons and copies of any such agreements or instruments; arbitrage
rebate reports and records of rebate and yield reduction payments, if any; resolutions or
other actions, if any, taken by the Governing Body subsequent to the date of issue with
respect to such bonds;
• formal elections authorized by the Code or Treasury Regulations that are taken with
respect to such bonds;
• relevant correspondence relating to such bonds;
• documents related to guaranteed investment contracts or certificates of deposit, credit
enhancement transactions, and financial derivatives entered into subsequent to the date of
issue;
• copies of any and all forms filed with the IRS for each series of bonds including, as
applicable, Form 8038 -G or Form 8038 -GC; and
• the official transcript prepared by bond counsel with respect to each series of bonds of the
Issuer.
Identification of Violations and Corrections
If, during the period the bonds remain outstanding, it is determined that a violation of federal tax
requirements may have occurred, the Compliance Officer shall immediately consult with the
6
Advisors to ensure that corrective or remedial action is taken. In consultation with bond counsel,
the Compliance Officer shall become acquainted with the remedial actions under Treasury
Regulations, Section 1.141 -12, to be utilized in the event that private business use of bond -
financed facilities exceeds the limits under Section 141(b)(1) of the Code. In consultation with
bond counsel, the Compliance Officer shall become acquainted with the Tax Exempt Bonds
Voluntary Closing Agreement Program, described in Notice 2008 -31, 2008 -11 I.R.B. 592, to be
utilized as a means for an issuer to correct any post- issuance infractions of the Rules with respect
to its outstanding bonds.
Continuing Disclosure
The Compliance Officer shall assure compliance with each continuing disclosure certificate and
annually, per continuing disclosure agreements, file audited annual financial statements and
other information required by each continuing disclosure agreement. The Compliance Officer
will monitor material events as described in each continuing disclosure agreement and assure
compliance with material event disclosure. Events to be reported shall be reported promptly, but
in no event not later than ten (10) Business Days after the day of the occurrence of the event, and
shall include, but not be limited to:
a) Principal and interest payment delinquencies;
b) Non - payment related defaults, if material;
c) Unscheduled draws on debt service reserves reflecting financial difficulties;
d) Unscheduled draws on credit enhancements relating to the bonds reflecting
financial difficulties;
e) Substitution of credit or liquidity providers, or their failure to perform;
f) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -
TEB) or other material notices or determinations with respect to the tax- exempt
status of the bonds, or material events affecting the tax- exempt status of the
bonds;
g) Modifications to rights of Holders of the Bonds, if material;
h) Bond calls (excluding sinking fund mandatory redemptions), if material, and
tender offers;
10
i) Defeasances of the bonds;
j) Release, substitution, or sale of property securing repayment of the bonds, if
material;
k) Rating changes on the bonds;
1) Bankruptcy, insolvency, receivership or similar event of the Issuer;
m) The consummation of a merger, consolidation, or acquisition involving the Issuer
or the sale of all or substantially all of the assets of the Issuer, other than in the
ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material; and
n) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
Other Post - Issuance Actions
If, in consultation with the Advisors, the Compliance Officer determines that any additional
action not identified in this policy must be taken by the Compliance Officer to ensure the
continuing tax- exempt status or "qualified" status of any issue of the Issuer's bonds, the
Compliance Officer shall take such action if the Compliance Officer has the authority to do so.
If, after consultation with the Advisors, the Compliance Officer determines that this policy shall
be amended or supplemented to ensure the continuing tax- exempt status or "qualified" status of
any issue of the Issuer's bonds, the Compliance Officer shall follow the appropriate Issuer policy
or procedure that this document be so amended or supplemented.
00859840 -1 \10714 -000
11
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby
certify that attached is a true and complete copy of the portion of the corporate records of
the City showing proceedings of the City Council, and the same is a true and complete
copy of the action taken by the Council with respect to the matter at the meeting held on
the date indicated in the attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting and all action thereat
was duly and publicly held in accordance with a notice of meeting and tentative agenda, a
copy of which was timely served on each member of the Council and posted on a bulletin
board or other prominent place easily accessible to the public and clearly designated for
that purpose at the principal office of the Council (a copy of the face sheet of the agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty -four hours prior to the commencement of the meeting as required by law and
with members of the public present in attendance; I further certify that the individuals
named therein were on the date thereof duly and lawfully possessed of their respective
City offices as indicated therein, that no Council vacancy existed except as may be stated
in the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this !9 ti day of
2012.
(SEAL)
00860370 -1 \10714 -111
City CTerk, City of Iowa City, State of Iowa
M
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Iowa City, State of Iowa.
Date of Meeting: April 17, 2012.
Time of Meeting: 7:00 o'clock P M.
Place of Meeting: Emma J. Harvat Hall, City Hall, 410 E. Washington,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
Not to Exceed $7,950,000 General Obligation Bonds, Series 2012 (ECP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $700,000 General Obligation Bonds, Series 2012 (GCP)
Not to Exceed $650,000 Taxable General Obligation Bonds, Series 2012 (ECP -UR)
Resolution fixing date for a meeting on the proposition to issue.
Other Business
• Resolution Authorizing the Redemption of Outstanding General Obligation
Refunding Bonds, Series 2002, dated November 1, 2002, and General Obligation
Bonds, Series 2003, dated December 15, 2003.
• Resolution Approving Post - Issuance Compliance Policy.
Such additional matters as are set forth on the additional 23 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
City berk, City of Iowa City, State of Iowa
P1CT r--A; Y- /-,s/ ao/a
//: �Ib A-K s P-
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qj :bn AM S F
Responsible Parties
The Director of Finance (the "Compliance Officer ") shall be the party primarily responsible for
ensuring that the Issuer successfully carries out its tax compliance requirements under applicable
provisions of the Rules with regard to all obligations of the Issuer. The Compliance Officer shall
be assisted by other staff and officials when appropriate and at the Compliance Officer's
discretion. The Compliance Officer shall also be authorized to retain and consult with the
Advisors during the time the bonds are outstanding for assistance in carrying out post- issuance
tax compliance requirements.
The Compliance Officer shall be responsible for assigning post - issuance tax compliance
responsibilities to other staff and to the Advisors. The Compliance Officer shall utilize such
other professional service organizations as are necessary to ensure compliance with the post -
issuance tax compliance requirements of the Issuer. The Compliance Officer shall provide
training and educational resources to staff responsible for ensuring compliance with any portion
of the tax compliance requirements of this policy.
Expenditure of Bond Proceeds
Expenditure Review Process:
The Compliance Officer shall review the resolution authorizing issuance for each tax - exempt
obligation, and shall:
a) obtain a computation of the yield on such issue from the City's financial advisor;
b) create a separate Project Fund (with as many sub -funds as shall be
necessary to allocate proceeds among the projects being funded by the
issue) into which the proceeds of issue shall be deposited;
C) review all requisitions, draw schedules, draw requests, invoices and bills
requesting payment from the Project Fund;
d) determine whether payment from the Project Fund is appropriate, and if
so, make payment from the Project Fund (and appropriate sub -fund if
applicable);
e) maintain records of the payment requests and corresponding cancelled
checks showing payment;
f) consult with the Advisors to ensure that such expenditures are within the sixty
(60) day period prior to the date in which the Issuer made a "declaration of intent"
to reimburse such costs or are preliminary expenditures under the Code, in the
2