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HomeMy WebLinkAbout2012-05-01 ResolutionMk✓ Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 4 RESOLUTION NO. 12 -199 RESOLUTION ACCEPTING THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Sycamore Street From Langenberg Avenue to U.S. Highway 6 Improvements Project, as included in a contract between the City of Iowa City and Streb Construction, Inc. of Iowa City, Iowa, dated May 10, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Sycamore Street — Highway 6 to City Limits account # 3811; and WHEREAS, the final contract price is $ 2,081,470.28 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 1st day of May .1 2012. ATTEST: City erk Approved by: L..- A ./ �, City Attorney's Office Resolution No. 12 -199 Page 2 It was moved by Champion 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 I ®�r A 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 20, 2012 City Clerk City of Iowa City, Iowa Re: Sycamore Street From Langenberg Avenue to U.S. Highway 6 Improvements Project Dear City Clerk: I hereby certify that the construction of the Sycamore Street From Langenberg Avenue to U.S. Highway 6 Improvements Project has been completed by Streb Construction, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $2,081,470.28. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer iIIIIIIIIIIIILM Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 4� RESOLUTION NO. 12 -200 RESOLUTION ACCEPTING THE WASHINGTON STREET TWO -WAY CONVERSION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Washington Street Two -Way Conversion Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 8, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Central Business District Maintenance account #3971; and WHEREAS, the final contract price is $49,777.22 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 1st day of May , 2012. �� Mayor ATTEST: Az!�� City tlerk Approved by: "L A""o 4th-, City Attorney's Office Resolution No. Page 2 12 -200 It was moved by Champion 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 � r i 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 19, 2012 City Clerk City of Iowa City, Iowa Re: Washington Street Two -Way Conversion Project Dear City Clerk: I hereby certify that the construction of the Washington Street Two -Way Conversion Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $49,777.22. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Nlk� — 4d(3) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -201 RESOLUTION ACCEPTING THE WORK FOR THE FEMA DEMOLITION — ANIMAL SHELTER PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the FEMA Demolition — Animal Shelter Project, as included in a contract between the City of Iowa City and Iowa City Excavating & Grading of Coralville, Iowa, dated November 11, 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 Animal Shelter PW 3039 account #4422; and WHEREAS, the final contract price is $10,932.50. 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 1st day of ATTEST: a yla-lfl� CITY ERK May —,20 12 MAYOR Approved by It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: Aa A&wtT)dffWvw. City Attorney's Office 16113. Dickens the Resolution be ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Pweng /res /acptwork- femademo animshelter.doc 4/12 mm 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 19, 2012 City Council City of Iowa City, Iowa Re: FEMA Demolition - Animal Shelter Dear City Council: I hereby certify that the FEMA Demolition - Animal Shelter has been completed by Iowa City Excavating and Grading of Coralville, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $10,932.50. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer N 4� d_ 4.'ir Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -202 RESOLUTION ACCEPTING THE WORK FOR THE 404 - HMGP DEMOLITIONS PROJECT - CONTRACT #5 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 - HMGP Demolitions Project - Contract #5, as included in a contract between the City of Iowa City and Active Thermal Concepts of Hiawatha, Iowa, dated November 3, 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 HMGP account #3965; and WHEREAS, the final contract price is $8,420.00. 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 1st day of May 120 12 MAYOR Approved by ATTEST: CIT LERK City Attorney's Office H �� It was moved by Champion; and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pweng /res /acptwork- hmgpdemo - #5.doc 4/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton ' 1 1 rte' �►' � 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 19, 2012 City Council City of Iowa City, Iowa Re: 404 HMGP Demolitions Project - Contract #5 Dear City Council: I hereby certify that the 404 HMGP Demolitions Project - Contract #5 has been completed by Active Thermal Concepts of Hiawatha, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $8,420.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer MM 4d(5) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -203 RESOLUTION ACCEPTING THE WORK FOR THE 404 — HMGP DEMOLITIONS PROJECT — CONTRACT #6 WHEREAS, the Engineering Division has recommended that the work for construction of the 404 — HMGP Demolitions Project — Contract #6, as included in a contract between the City of Iowa City and Kelly Demolition, LLC of Mt. Vernon, Iowa, dated January 13, 2012, 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 HMGP account #3965; and WHEREAS, the final contract price is $22,437.50. 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 ist day of _ May , 20 12 &�& ' A MAYOR Approved by ATTEST: !/ CITY ERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: —x x x x _x x x Pweng /res/acptwork - hmgpdemo - #6.doc 4/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton of � r .41 Z511 ®I via h 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 19, 2012 City Council City of Iowa City, Iowa Re: 404 HMGP Demolitions Project - Contract #6 Dear City Council: I hereby certify that the 404 HMGP Demolitions Project - Contract #6 has been completed by Kelly Demolition LLC of Mt. Vernon, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $22,437.50. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer M-� 4d(6) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 12 -204 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT — CONTRACT #4 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project — Contract #4, as included in a contract between the City of Iowa City and Kelly Demolition, LLC of Mt. Vernon, Iowa, dated April 26, 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 $53,743.00. 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 1st day of May 120 12 MAYOR Approved by ATTEST: 2�i'' £:z� � - -, /- CITY'ELERK It was moved by champion and seconded by adopted, and upon roll call there were: AYES: x X x— X X _x Pweng /res /acptwork- cdbgdemo proj #4.doc 4/12 NAYS: City Attorney's Office Dickens ABSENT: the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton nap, 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 19, 2012 City Council City of Iowa City, Iowa Re: CDBG Demolitions Project - Contract #4 Dear City Council: I hereby certify that the CDBG Demolitions Project - Contract #4 has been completed by Kelly Demolition LLC of Mt. Vernon, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $53,743.00. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer '' wo TIZF-TZ Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 4d= RESOLUTION NO. 12 -205 RESOLUTION ACCEPTING THE NORTHSIDE MARKETPLACE IMPROVEMENT PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Northside Marketplace Improvement Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty Iowa City, Iowa, dated March 22nd, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Northside Marketplace Streetscape account #3751; and WHEREAS, the final contract price is $745,751.05. WHEREAS, authorization by this resolution will rescind and replace the previous authorization under Resolution No. 12 -25. 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 1st day of May 12012. Mayor ATTEST:.,?/ City berk Approved by: 4aJ City Attorney's Office ty /� L Resolution No. Page 2 12 -205 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: —x� Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton i r j 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 19, 2012 City Clerk City of Iowa City, Iowa Re: Northside Marketplace Improvements Project Dear City Clerk: I hereby certify that the construction of the Northside Marketplace Improvements Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Confluence. The final contract price of the project is $745,751.05. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer A�� 05 -01 -12 4d(8) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -206 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 1706 FLATIRON AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $7,422.20, executed by the owners of the property on August 18, 2011, recorded on August 23, 2011, in Book 4795, Page 452 through Page 457 in the Johnson County Recorder's Office covering the following described real estate: Lot 135 Mount Prospect Addition - Part III, according to the plat thereof recorded in Book 15, Page 76, Plat Records of Johnson County, Iowa, subject to easements, agreements, and restrictions of record. 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 1st day of May , 2012 Resolution No. 12 -206 Page 2 ATTEST: CITY LERK Approved by City Attorney's Office It was moved by champion and seconded by ni rkanc 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 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 $7,422.20, and was executed by Kenneth Tse and Melanie Tse (herein the Owner), dated August 18, 2011, recorded August 23, 2011, n Book 4795, Page 452 through Page 457, Johnson County Recorder's Office, covering the following described real property: Lot 135 Mount Prospect Addition — Part III, according to the plat thereof recorded in Book 15, Page 76, Plat Records of Johnson County, Iowa, subject to easements, agreements, and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $122,400 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 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. LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of A %7/' , 20� , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared F& JcA to me personally known, who being by me duly sworn, did say that he /she is the vu n. ri W r of U :C GC,j , that 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'. oluntary act and deed of said corporation, by it and by him /her voluntarily executed. i DELANIE FOSTER Notary Public in an or the State of Iowa Commission Number 762040 MY fission )x fires �! —7 My Commission expires: ` 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 ! day of I'` -A!4 , 20 CITY OF IOWA CITY By Mayor Attest: City tlerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By On this / day of MAc , 20 /Z- , before me, the undersigned, a Notary Public in and for the State of to a, personally appeared �, 4a!1 'e-e- 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 (6rdinanee) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. ^ of the City Council on the / -5*" day of , 20 /.�' , and that _Ma i"e:✓ <�- 1 ccu e- and Marian K. Karr ackn wledged 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. SONDRAE FORT _� C es ommission Number 1587814 My commission ExpN o a1� as Notary Public in and for the State of Iowa N4� 4 '� Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240,(319)356-5044 RESOLUTION NO. 12 -207 RESOLUTION SETTING A PUBLIC HEARING ON MAY 15, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER IMPROVEMENTS - EAST ENTRY REMODELING PROJECT, 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 Recreation Center Improvement account # 4316 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 15th 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 1st day of May '20 12 MAYOR '6 . Approved by ATTEST: CITY LERK City Attorney's Office q`lu(f2, pweng/R ES /2012recctrremodel Resolution No. Page 2 12 -207 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 I CITY OF IOWA CITY ,�- 4e(1) M E M 0 RA N D U M DATE: April 13, 2012 TO: Tom Markus, City Manager FROM: Mike Moran, Director, Parks and Recreation Department RE: Robert A. Lee Recreation Center Improvements- East Entry Remodeling Project Introduction: This project modifies and updates the east entry of the Robert A. Lee Recreation Center. This includes replacing the ramp, railing, and relocating the stairs, as well as extending the dock area. The existing structural slab is updated with the addition of concrete pavers, a light pole, and benches. Existing canopy lighting will be replaced and repopulated. The patio is extended by the addition of a lower patio to include light poles and concrete planters. ADA parking is relocated and improved. The existing driving path adjacent to the entry will become one directional to facilitate safety. Additional parking stripes and a curb will implement this update. History /Background: The purpose of this remodeling project is to update the entry way, by creating better access, improved visual appearance, enhance the accessible parking spaces to the entry way, increase the bicycle parking area, and have better lighting and safer access for pedestrians. The changes will also improve the visual access for the drop off and pick up of camp and swim participants. Discussion of Solutions: The Robert A. Lee Recreation Center Improvements- East Entry Remodeling Project as approved will update the facility to meet the current operations. Financial Impact: The preliminary construction estimate is $ 128,400.00; the fund number for this project is under Recreation Center Improvements 4316 —445100. Recommendation: Staff recommends proceeding with holding public hearing and approving plans and specifications on May 15, 2012 for Robert A. Lee Recreation Center Improvements- East Entry Remodeling Project. cc: Kumi Morris, Engineering Division Chad Dyson, Recreation Division Steve Roberts, Recreation Division W 4e(2) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 RESOLUTION NO. 12 -208 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF A PORTION OF MELROSE PLACE RIGHT -OF -WAY TO THE UNIVERSITY OF IOWA AND SETTING A PUBLIC HEARING ON SAID PROPOSAL FOR MAY 15, 2012. WHEREAS, the applicant, The University of Iowa, owns certain contiguous lots surrounding the Melrose Place cul -de -sac, upon which there are presently located single family homes; and WHEREAS, the University desires to construct a surface parking lot over and across these lots, as well as over and across a portion of the Melrose Place right - of -way in conjunction with its expansion of the Children's Hospital; WHEREAS, City Council is considering an ordinance vacating said right -of- way; and WHEREAS, the University has therefore requested that the City vacate and convey to it said right -of -way in consideration for the performance of certain public and site improvements, and conveyance of a public access easement across the proposed parking lot. 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 portion Melrose Place adjacent to Lots 1 -8, Melrose Place, Iowa City, Iowa in consideration for the construction of certain public and site improvements and the conveyance of a public access easement across the proposed parking lot, in accordance with the recommendations of the Planning and Zoning Commission. 2. A public hearing on said proposal should be and is hereby set for May 15, 2012, 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 1st day of May , 2012. MAYOR Approved by ATTEST: CITY LERK City Attorney's Office 6, 5-112, Resolution No. 12 -208 Page 2 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 Prepared by: Sarah E. Holecek, 1st Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -209 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF PROPERTY KNOWN AS THE PENINSULA NEIGHBORHOOD THIRD ADDITION, IN IOWA CITY, IOWA, TO PENINSULA DEVELOPMENT COMPANY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR MAY 15, 2012 WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00 -231 of the City Council dated June 29, 2000, and amendments thereto ( "Agreement "), Peninsula Development Company has agreed to develop a tract of land known as the Peninsula Neighborhood; and WHEREAS, the City Council will consider for approval the final plat of the Peninsula Neighborhood Third Addition which contains up to one hundred twenty -one (121) proposed units, at its meeting scheduled for May 1, 2012; and WHEREAS, pursuant to said Development Agreement, Peninsula Development Company has agreed to purchase the Peninsula Neighborhood, Third Addition, for a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (up to 121) plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $602,083.50 ($383,691 for units; $218,392.50 in interest); and WHEREAS, said Peninsula Neighborhood, Third Addition, is located in Iowa City, Johnson County, Iowa, and is described as follows: Beginning at the Southwest Corner of Outlot "C" of the Replat of Peninsula Neighborhood First Addition, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 207, of the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W, along the North Line of Auditor's Parcel 97099, a distance of 90.40 feet; Thence S60 046'28 "W, along the Westerly Line of said Parcel 97099, a distance of 1045.12 feet; Thence N29 013'32 "W, 186.00 feet; Thence S60 046'28 "W, 26.37 feet; Thence N25 013'38 "W, ,283.83 feet, to the Southern most Corner of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186, of the Records of the Johnson County Recorder's Office; Thence N60 046'06 "E, along the Southerly Line of said The Peninsula neighborhood Second Addition, a distance of 53.00 feet; Thence N29'1 3'54"W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line, 11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 14.52 feet; Thence N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 °46'06 "E, along said Southerly Line, 92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, Resolution No. 12 -209 Page 2 along said Southerly Line 98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 046'06 "E, along said Southerly Line, 61.46 feet; Thence S62 013'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.23 feet, along said Southerly Line on 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 048'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence N29 051'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line, 120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to a Point on the Westerly Line of Outlot "E" of said Replat of Peninsula Neighborhood First Addition; Thence S30 001'39 "W, along said Westerly Line, 17.55 feet, to the Southwest Corner thereof; Thence S60 008'11 "E, along the South Line of said Outlot "E ", a distance of 191.33 feet, to the Southeast Corner thereof, and a Point on the West Line of Outlot "C" of said Replat of Peninsula Neighborhood First Addition; Thence S00 001'28 "W, along said West Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 9.31 Acres, and is subject to easements and restrictions of record. WHEREAS, the disposition of the subject property according to the Development Agreement is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to consider the proposal to convey its interest in the Peninsula Neighborhood, Third Addition, described above to Peninsula Development Company, in accordance with said Agreement, at a price equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (up to 121), plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $602,083.50. 2. A public hearing on said proposal should be and is hereby set for May 15, 2012, at 7:00 p.m. in Emma Harvat Hall of the City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 1st day of May ��I I LTA e- ATTEST: Ap owed City Att r yts- - fice arah \pe ' sula \third ddition \res of intent to convey may 1 2012 2012. Resolution No. 12 -209 Page 3 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 r ® CITY OF IOWA CITY 4e(3) MEMORANDUM Date: April 25, 2012 To: Tom Markus, City Manager From: Sarah E. Holecek, First Assistant City Attorney Re: Proposed Conveyance of Peninsula Neighborhood Third Addition to Peninsula Development Company HISTORY: The following timeline provides the relevant the history of this development as well as some of the terms of the development agreement under which the Third Addition is proposed to be conveyed: 1) Original purchase agreement between the City and Terry L. Stamper Holdings was executed in June 2000. The purchase agreement provides for a maximum of 410 units on an 82.1 acre tract for a purchase price of $1,300,000 (or $3171 per unit) bearing interest at the rate of 6.5% compounded annually on principal for the property not platted and purchased (also contained a number of other contingencies re: zoning, platting, phasing, timing, etc., particularly requiring that a phase /addition be platted prior to conveyance by City ) 2) City executed a "bridge loan/guarantee" to Stamper: Fall /Winter 2001 -2002 3) Purchase of portions of First Addition: Early 2002 4) Purchase of remaining portions of First Addition: December 2004 5) Second Amendment and Consent to Assignment (revising to exclude Stamper and assignment to Peninsula Development Company): January 2004 6) Third Amendment (Dog Park) solidified that undevelopable Outlot N would be accepted for dedication by City for Dog Park 7) Fourth Amendment in September 2007 gave Peninsula 24 additional months to close on Third Addition (from January 1, 2008 until January 1, 2010) 8) Phase 2A (17 units) purchased July 2008 with unit price and interest paid 9) Fifth Amendment (Dec. 2009): 18 month extension for Third Addition closing deadline from Jan. 2010 to July 1, 2011 and revised contingency requiring development of 50% of units in preceding phase to 50% of units in Peninsula ownership: December 2009 10) Sixth Amendment (June 2011): extend Third Addition closing from July 1, 2011 to January 1, 2012; 11) Seventh Amendment (Nov.. 2011): extend Third Addition closing from Jan. 1, 2012 to June 1, 2012; CURRENT PROPOSED PURCHASE: Pursuant to the original Peninsula Neighborhood Development Agreement between the City of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings, L.L.C.) approved by Resolution No. 00 -231 of the City Council dated June 29, 2000, the Peninsula Development Company has agreed to develop an 82.1 acre tract of land known as the Peninsula Neighborhood. The Agreement requires that the Peninsula Development Company shall obtain approval of a final plat prior to the City conveying any portion of the property. The City Council will consider for approval the final plat of the Peninsula Neighborhood Third Addition which contains up to one hundred twenty - one (12 1) proposed units, at its meeting scheduled for May 1, 2012. Under the Agreement, the purchase price is equal to a per -unit base price of $3,171.00 multiplied by the total number of final site -plan approved units (up to 121 for the Third Addition) plus interest at the rate of 6.5% on the outstanding principle balance compounded annually, for an estimated purchase price of $602,083.50 ($383,691 for 121 units plus interest of $218,392.50). To convey good title to real property, the City must proceed in accordance with Iowa Code Section 364.7 and provide a resolution setting forth the proposed conveyance, setting a public hearing and publishing notice of same. This Resolution complies with those statutory requirements and, after holding the public hearing, the Council may choose to authorize conveyance by resolution. M11 4e(4) Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5053 RESOLUTION NO. 12 -210 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2012 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 East Washington Street, at 7:00 p.m., May 15, 2012, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2012 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press - Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 1st day of Ma , 20_12 . Approved by ATTEST: CITY tLERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: x X x x x x x finadmkesVyl2operbdgO4 -12. doc ABSENT: Champion Dickens Dobbins Hayek Mims Payne Throgmorton M9 "_Mr- Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00004) RESOLUTION NO. 12 -211 RESOLUTION APPROVING FINAL PLAT OF THE PENINSULA NEIGHBORHOOD THIRD ADDITION, IOWA CITY, IOWA. WHEREAS, the Peninsula Development Co. LLC, filed with the City Clerk the final plat of The Peninsula Neighborhood Third Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southwest Corner of Outlot "C" of the Replat of Peninsula Neighborhood First Addition, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 207, of the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W, along the North Line of Auditor's Parcel 97099, a distance of 90.40 feet; Thence S60 °46'28 "W, along the Westerly Line of said Parcel 97099, a distance of 1045.12 feet; Thence N29 013'32 "W, 186.00 feet; Thence S60 °46'28 "W, 26.37 feet; Thence N25 013'38 "W, 283.83 feet, to the Southern most Corner of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186, of the Records of the Johnson County Recorder's Office; Thence N60 046'06 "E, along the Southerly Line of said The Peninsula neighborhood Second Addition, a distance of 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, 5.23 feet; Thence N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line, 11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line, 92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 °45'20 "E, along said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line 98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 046'06 "E, along said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 046'06 "E, along said Southerly Line, 61.46 feet; Thence S62 013'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.23 feet, along said Southerly Line on 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot chord bears N73 048'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence N29 051'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line, 120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to a Point on the Westerly Line of Outlot "E" of said Replat of Peninsula Neighborhood First Addition; Thence S30 001'39 "W, along said Westerly Line, 17.55 feet, to the Southwest Corner thereof; Thence S60 °08'11 "E, along the South Line of said Outlot "E ", a distance of 191.33 feet, to the Southeast Corner thereof, and a Point on the West Line of Outlot "C" of said Replat of Peninsula Neighborhood First Addition; Thence S00 °01'28 "W, along said West Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 9.31 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Resolution No. 12 -211 Page 2 Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this ist day of May , 2012. MAYOR Approv ATTEST: CITY CLERK City Attorney' Offi e It was moved by champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X X —X X X X_ X_ pcd /templates /3rd Add Final Plat - Resolution.doc.doc NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00005) RESOLUTION NO. 12 -212 RESOLUTION APPROVING FINAL PLAT OF THE PENINSULA NEIGHBORHOOD FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the Peninsula Development Co LLC, filed with the City Clerk the final plat of The Peninsula Neighborhood 4th Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southwest Corner of Lot 54, of The Peninsula Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at Page 186, of the Records of the Johnson County Recorder's Office; Thence N84 °3041 "E', along the Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet; Thence S62 °13'54 "E, along said Southerly Line, 90.96 feet; Thence S64 °46'22 "W, along said Southerly Line, 433.54 feet; Thence S25 013'38 "E, along said Southerly Line, 53.00 feet; Thence S25 °11'37 "E, along said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, along said Southerly Line, 25.01 feet; Thence S29 013'54 "E, along said Southerly Line, 8.94 feet; Thence S25 013'38 "E, 283.83 feet; Thence N60 046'28 "E, 26.37 feet; Thence S29 013'32 "E, 186.00 feet; Thence S60 04628 "W, 256.31 feet; Thence N40 042'52 "W, 477.83 feet; Thence N25 013'54 "W, 519.90 feet; Thence N64 046'06 "E, 157.08 feet; Thence NO3 047'17 "W, 96.07 feet, to a Point on the Southerly Line of The Peninsula Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page 136, of the Records of the Johnson County Recorder's Office; Thence S53 °30'33 "E, along said Southerly Line, 188.78 feet; Thence S70 027'12 "E, along said Southerly Line, 56.34 feet; Thence S59 025'34 "E, along said Southerly Line, 47.48 feet; Thence S89 011'55 "E, along said Southerly Line, 59.03 feet; Thence N73 °09'48 "E, along said Southerly Line, 101.72 feet; Thence N64 052'40 "E, along said Southerly Line, 1.19.17 feet, to the Point of Beginning. Said Tract of Land contains 8.06 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and Resolution No. 12_212 Page 2 specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 1st day of May , 2012. MAYOR ATTEST: 2La!!� CITY CLERK Z It was moved by nobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X X X X X X X pcd /templates/4th Add Final Plat - Resolution.doc.doc NAYS: ABSENT: Dobyns Champion Dickens Hayek Mims Payne Throgmorton 7 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 RESOLUTION NO. 12 -213 RESOLUTION AUTHORIZING THE CONVEYANCE OF A CONCRETE FLUME DRAINAGE EASEMENT IN THE VACATED ALLEY NORTH OF LOTS 10 AND 11, MANVILLE HEIGHTS ADDITION, IOWA CITY, IOWA. 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 WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of a concrete flume drainage easement to Parish Apartments, L.L.C. is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the Mayor and City Clerk to execute and attest an concrete flume drainage easement agreement, in a form approved by the City Attorney, for said easement over portions of the vacated alley north of Lots 10 and 11, Manville Heights Addition, Iowa City, Iowa, with Parish Apartments, L.L.C. in consideration for $562. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 1St day of May , 2012. MAYOR Approved by ATTEST: Ina 2&�U0WVPr/ �1�> CITY ERK City Attorney's Office q 1a)L-1 o- Resolution No. 12 -213 Page 2 It was moved by Dobyns 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 WA Prepared by: Eric Goers, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -214 RESOLUTION APPROVING THE SALE TO ROBERT AND DORIS SWARTZENDRUBER OF AUDITOR'S PARCEL 2011092, CONSISTING OF APPROXIMATELY .99 ACRES, LOCATED IMMEDIATELY SOUTH OF THEIR HOME, ADJACENT TO THE IOWA CITY LANDFILL, AND AUTHORIZING CONVEYANCE IN ACCORDANCE HEREWITH. 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 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, following public hearing, the City finds that said conveyance should be approved and that the property should be conveyed according to the aforementioned terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The conveyance of Auditor's parcel 2011092 from the City of Iowa City, Iowa to Robert and Doris Swartzendruber for $6,660.14 is hereby approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with this Resolution. Passed and approved this 1st day of May —12012. MAYOR Approved by ATTEST: X CITftLERK City Attorney's Office Resolution No. 12 -214 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 x Dobyns x Hayek x Mims _ x Payne x Throgmorton ME 05-01-12--] 9 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. 12 -215 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRE AND POLICE DEPARTMENT INTERIOR REMODELING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 31St day of May, 2012. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 5th day of June, 2012, or at a special meeting called for that purpose. Passed and approved this 1st day of May , 20 12 MAYOR ATTEST: e,� 4/ CITY CLERK Pweng /restfirepoliceremodel -appp &s.doc 4/12 Approved by � tu A4 affld City Attorney's Office lIg-0 Ila- Resolution No. 12 -215 Page 2 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: 5z x -x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M� May 1, 2012 The City Council of the City of Iowa City, 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: Champion, Dickens, Dobyns, Hayek, Mims; Payne, Absent: None - 1 - The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $6,000,000 Water Revenue Refunding Bonds, Series 2012C, of the City, in order to provide funds to pay costs of the refunding of outstanding Water Revenue Bonds, Series 2002, dated November 1, 2002, and that notice of the proposed action to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of the bonds by the City. The Clerk stated that no written objections had been filed. Oral objections to the issuance of the bonds were then called for and received and none were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- 05-01-17' 10 The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member Mims introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C," and moved its adoption. Council Member was, Dickens seconded the motion to adopt. The roll was called and the vote AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. 12 -216 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $6,000,000 Water Revenue Bonds for the purpose of paying costs of the refunding of outstanding Water Revenue Bonds, Series 2002, dated November 1, 2002; and the extent of objections received from residents or property owners as to the proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $6,000,000 Water Revenue Bonds for the foregoing purpose. -3- PASSED AND APPROVED this 1st day of May, 2012. ATTEST: City Clerk Mayor U- 11 Council Member Throgmorton introduced the following Resolution ADVERTISEMENT entitled "RESOLUTION DIRECTING THE ERTISEMENT FOR SALE OF $5,060,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT" and moved its adoption. Council Member Payne seconded the Resolution to adopt. The roll was called and the vote was, AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, ChMpion NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 12 -217 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,060,000 WATER REVENUE REFUNDING BONDS, SERIES 2012C, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT WHEREAS, it is deemed necessary and advisable that the City of Iowa City, State of Iowa, should issue its Water Revenue Refunding Bonds to the amount of not to exceed $6,000,000, as authorized by Section 384.83 of the City Code of Iowa, for the purpose of providing funds to pay costs of the refunding of outstanding Water Revenue Bonds, Series 2002, dated November 1, 2002; and WHEREAS, pursuant to notice published as required by Section 384.83 of the City Code of Iowa, public meeting and hearing was held on May 1, 2012, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such action made by any resident or property owner of the City were received and considered; and, it is the decision of this governing body that additional action be taken for the issuance of the bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, in conjunction with its financial advisor, Public Financial Management, Inc., the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Water Revenue Refunding Bonds; and -5- WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Bonds for sale. Section 3. That the Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in Iowa City Press - Citizen, a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 15th day of May, 2012, at 7:00 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at 10:00 o'clock A.M. on said date. The notice shall be in substantially the following form: M Publish 5/7 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., on the 15th day of May, 2012. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the Terms of Offering. The Bonds: The bonds to be offered are the following: WATER REVENUE REFUNDING BONDS, SERIES 2012C, in the amount of $5,060,000, to be dated June 20, 2012 (the "Bonds "). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa `City, Iowa 52440 (facsimile number: 319 - 341 - 4008). Electronic facsimile bids will be sealed and treated as sealed bids. Principal Adjustment: The Issuer reserves the right to increase or decrease the aggregate principal amount of the Bonds by such amount to effect the current refunding of the Series 2002 Bonds. However, the maximum par amount will not exceed $6,000,000. Such change will be in increments of $5,000 and may be made in any of the maturities. The purchase price of the issue will be adjusted proportionately to reflect any change in issue size. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. Marian K. Karr City Clerk, City of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 1st day of May, 2012. A,� 4 Mayor ATTEST: City Clerk 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 'f` day of a .12012. (SEAL) 00861459 -1 \10714 -110 : �� 41 - �O�W_4 City Oerk, City of Iowa City, Iowa 10 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of Water Revenue Refunding Bonds, Series 2012C, of the City of Iowa City, Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., the 15th day of May, 2012. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the Terms of Offering. The Bonds: The bolls to be offered are the WATER REVENUE FUNDING BONDS, SE ES 2012C, in the amount of $5,060,000, be dated June 20, 2012 (t e "Bonds "). Manner of Bidding: Open ids will not be receive . Bids will be received in any of the following methods: • Sealed Bidding: Sea4 Vab su fitted and will be received at the office of the Finance D ty all, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bidnic internet bids will be received at the office of the Finance Dty Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids itted through the PARITY® competitive bidding sy • Electronic Facsimile Biddin : E ctronic facsimile bids will be received at the office of the Finance D' ector t City Hall, 410 E. Washington, Iowa City, Iowa 52440 (facsim' e numb r: 319 - 341- 4008). Electronic facsimile bids will be sealed and tikated as se led bids. Principal Adjustment: The IAuer reserves t e aggregate principal amount f the Bonds by s refunding of the Series 200 Bonds. Howeve exceed $6,000,000. Such hange will be in in( made in any of the matur ties. The purchase pi proportionately to refle any change in issue s right to increase or decrease the ch amount to effect the current the maximum par amount will not ements of $5,000 and may be •i e of the issue will be adjusted Consideration of Bids After the time for receipt of bids has passed, the close of sealed bids will be announc d. Sealed bids will then be publicly opened and announced. Finally, electronic internet ids will be accessed and announced. 7 Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement o the Terms of Offering and an Official Bid Form, which is incorporated by reference as part of this notice. The Official Statement may be obtain d by request addressed to a Finance Director, City Hall, 410 E. Washington, Iowa C1 , Iowa 52440 or the Iss er's Financial Consultant, Public Financial Management, Inc. 801 Grand Avenue, ite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -2600. Terms of Offering: All bids sh 11 be in confo ity with and the sale shall be in accord with the Terms of Offering as et forth in th Official Statement. Legal _ Opinion: The bonds will l P.C., Attorneys of Des Moines, Iowa, a together with the printed bonds without conditioned. Except to the extent necess; bonds, the attorneys will not examine or accuracy or completeness of documents, connection with the sale, issuance or ma Rights Reserved: The right is irregularities as deemed to be in the sold su ject to the opinion of Ahlers & Cooney, to the egality and their opinion will be furnished ost t the purchaser and all bids will be so � issue their opinion as to the legality of the rw or express any opinion with respect to the rials or statements made or furnished in s of the bonds. to reject any or all bids, and to waive any -sts of the public. By order of the City Council of the CitA of Iowa City, Iowa. Clerk, City of Iowa City, Iowa (End of MJy May 1, 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: Champion, Dickenss Dobyn4, Hayek, Mims, Payne, Absent: None -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $7,950,000 General Obligation Bonds, Series 2012, 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, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of the bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of the bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of the bonds and nnna were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- %c,. -, The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Mims introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012 ", and moved: 0 that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock M., on the day of , 2012, at this place. Council Member Dickens seconded the motion. The roll was called and the vote was, AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion Dickens NAYS: None Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 12 -218 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,950,000 GENERAL OBLIGATION BONDS, SERIES 2012 WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $7,950,000 General Obligation Bonds, Series 2012, for essential corporate purposes of paying 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, -3- 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, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $7,950,000 General Obligation Bonds, Series 2012, for the foregoing essential corporate purpose. 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. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150 -2 and shall be maintained on file as a public record of such intent. It is reasonably expected that general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this lst day of May, 2012. ATTEST: City Clerk Mayor -5- Council Member Throgmorton introduced the following Resolution entitled "RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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 Dobyns 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 -219 RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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, it has been determined that the notice of hearing and meeting previously published was insufficient to give the Council jurisdiction to proceed; and KM 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: Section 1. That the public hearing and meeting previously scheduled on this matter is hereby cancelled and rescheduled as hereinafter provided. Section 2. 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 15th 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 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 bonds shall be in substantially the following form: -7- Publish 5/4 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 15th 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 4th day of May, 2012. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 1st day of May, 2012. ATTEST: City Cler yIRA:::� A Mayor 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 �SUANCE OF BONDS / Public Note is hereby given that the Counci of the City of Iowa City, State of Iowa, will hold a p\an ring on the 15th day of ay, 2012, at 7:00 o'clock P.M., in the Emma J. Harvaty Hall, 410 E. Was gton, Iowa City, Iowa, at which meeting the Counces to take action for e issuance of not to exceed $700,000 of General Obligation eries 2012 (for a eneral corporate purpose), bearing inte rest at the rate of not to e en (7) per cent m per annum, the bonds to be issued for the purpose of providino p costs of t e construction, reconstruction, enlargement, improvement and e of Ci Hall, olice stations, and fire stations, including miscellaneous imprs to Cit Hal and other departments. At any time before the date of t meeting, a petition, asking that the question of issuing such bonds be submitted to th 1 \Co rs of the City, may be filed with the City Clerk of the City in the manner prov�yded ion 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 /of the f Iowa. This Notice is given by order of thcil of the City of Iowa City, State of Iowa, as provided by Section 38.26 of tof Iowa. Dated this I day of 2012. City Clerk, City of Iowa City, State of Iowa (End of Notice) I� Publish 4/23 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON JECEED MATTER OF THE PROPOSED ISSUANCE OF NOT TO $700,000 PRINCIPAL AMOUNT OF GENERABLIGATION BONDS, SERI S 2012 (FOR A GENERAL CO ORATE PURPOSE), AND EARING ON ISSUANCE OF ONDS Public Notice i hereby given that the Coun it of the City of Iowa City, State of Iowa, will hold a public hearin on the 1 st day of May, 012, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 41 E. Washington, Iow City, Iowa, at which meeting the Council proposes to take action for e issuance of not t exceed $700,000 of General Obligation Bonds, Series 2012 (for a gen ral corporate p ose), bearing interest at the rate of not to exceed seven (7) per centum pe annum, the onds to be issued for the purpose of providing funds to pay costs of the construc 'on, reco truction, enlargement, improvement and equipping of City Hall, police stati s, an fire stations, including miscellaneous improvements to City Hall and other e rtments. At any time before the date of t meeting, a petition, asking that the question of issuing such bonds be submitted to th 1 al voters of the City, may be filed with the City Clerk of the City in the manner provided Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of he Co of Iowa. This Notice is given by or r of the C uncil of the City of Iowa City, State of Iowa, as provided by Section 384.26 of Code of Io Dated this 23rd day of ril, 2012. Mari n K. Karr City erk, City of Iowa City, State of Iowa (End of N 05-01-12 13 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEE� $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 WHEREA \ed7 nt to notice published as required by law, the City Council has held a public meehearing upon the proposal o institute proceedings for the issuance of not to $700,000 General Obligat' n Bonds, for a general corporate purpose, in order e funds to pay costs oft e construction, reconstruction, enlargement, impt and equipping of City all, police stations, and fire stations, including miscellrovements to City all and other departments, and no petition was filed or referendum ther on. The following action is now considered to be it in rests of the Ci and residents thereof: NOW, THEREFORE, BE T RE CITY OF IOWA CITY, IOWA: Section 1. That this Council action for the authorization and issi $700,000 General Obligation Bond VED BY THE CITY COUNCIL OF THE hereby institute proceedings and take additional in the manner required by law of not to exceed %e foregoing general corporate purpose. Section 2. This Resolution hall sere as a declaration of official intent under Treasury Regulation 1.150 -2 an shall be mai taiin on file as a public record of such intent. It is reasonably expecte that general fu d moneys may be advanced from time to time for capital expenditures ich are to be pai from the proceeds of the above Bonds. The amounts so advanced s 11 be reimbursed fro the proceeds of the Bonds not later than eighteen months after a initial payment of th capital expenditures or eighteen months after the property ' placed in service. Such a vancements shall not exceed the amount authorized in thi Resolution unless the same a e for preliminary expenditures or unless another declarati n of intention is adopted. -7- PASSED AND APPROVED this 1st day of May, 2012. "-�9 -el ,�,/ Council Member Mims introduced the following Resolution entitled "RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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, Dickens. Do NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 12 -220 RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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, it has been determined that the notice of hearing and meeting previously published was insufficient to give the Council jurisdiction to proceed; and -10- 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: Section 1. That the public hearing and meeting previously scheduled on this matter is hereby cancelled and rescheduled as hereinafter provided. Section 2. 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 15th 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 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 bonds shall be in substantially the following form: -11- r Publish 5/4 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 15th 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 4th day of May, 2012. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice) PASSED AND APPROVED this 1st day of May, 2012. ATTEST: A/ . City Clerk n Mayor - 13 - 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 URPOSE), AND HEARING ON ISSUANCE OF ONDS Public Notice is hereby iv Iowa, will hold a public hearing the Emma J. Harvat Hall, City H meeting the Council proposes to t, General Obligation Bonds, Series at the rate of not to exceed seven purpose of providing funds to pay and equipping of city facilities, in AIX a that the Council of the City f Iowa City, State of the 15th day of May, 2012 at 7:00 o'clock P.M., in 410 E. Washington, lo City, Iowa, at which ;e action for the issua e of not to exceed $700,000 of 012 (for a general rporate purpose), bearing interest per centum per nnum, the bonds to be issued for the sts of the co truction, reconstruction, improvement u ins the c struction of an animal shelter. At any time before the date of t e eting, a petition, asking that the question of issuing such bonds be submitted to the al voters of the City, may be filed with the City Clerk of the City in the manner provid by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 th Code of Iowa. This Notice is given by o der of the ouncil of the City of Iowa City, State of Iowa, as provided by Section 84.26 of the Vode of Iowa. Dated this day of City (End of Notice) -12- 2012. City of Iowa City, State of Iowa t 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 4ONDS, SERIES 2012 (FOR A GENERAL CORPORATE PURP SE), AND HEARING ON ISSUANCE OF BONDS Public Notice is hereby given that the Council of the City of I wa City, State of Iowa, will hold a public hearing on the 1st day of May, 2012, at 7:00 o'cl k P.M., in the Emma J. Harvat Ha City Hall, 410 E. Washington, Iowa City, Iowa, at w ich meeting the Council proposes to e action for the issuance of not to exceed $700,00 of General Obligation Bonds, Series 12 (for a general corporate purpose), bearing i terest at the rate of not to exceed seven (7) r centum per annum, the bonds to be issue for the purpose of providing funds to pay costs o e construction, reconstruction, impro ement and equipping of city facilities, including the nstruction of an animal shelter. At any time before e date of the meeting, a petiti n, asking that the question of issuing such bonds be submi d to the legal voters of th City, may be filed with the City Clerk of the City in the manner ovided by Section 36 .4 of the Code of Iowa, pursuant to the provisions of Section 384.26 o the Code of Iowa. This Notice is given by order f the Council the City of Iowa City, State of Iowa, as provided by Section 384.26 of the Cod of Iowa. Dated this 23rd day of April, 201 . Tian K. Karr Clerk, City of Iowa City, State of Iowa f Noti4) 14 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012 WHEREAS, pursuant to notice blished as required by law, the City Co ncil has held a public meeting and hearing upon t e proposal to institute p/general for the issuance of not to exceed $700,000 Genera Obligation Bonds, foorporate purpose, in order to provide funds to pay co s of the constructiontion, improvement and equipping of city facilities, ' cluding the constr animal shelter, and no petition was filed calling for a r erendum thereoning action is now considered to be in the best interests of th City and reside : NOW, THEREFORE, BE IT RESOLVED 9Y THE P1Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: \ Section 1. That this Council does hereby Foin roceedings and take additional action for the authorization and issuance in the re uired by law of not to exceed $700,000 General Obligation Bonds, for the for gen ral corpo rate purpose. Section 2. This Resolu/ae a as a declaration of official intent under Treasury Regulation 1.150 -2 aintained on file aka public record of such intent. It is reasonably expect fund moneys may e advanced from time to time for capital expenditures w paid from the proce ds of the above Bonds. The amounts so advanced shal d from the proceeds f the Bonds not later than eighteen months after initial payment of the capital expen itures or eighteen months after the grope s placed in service. Such advancements hall not exceed the amount authorized i is Resolution unless the same are for prelim nary expenditures or unless another deyAaration of intention is adopted. -10- - . - - .,-,rte . -„-. ♦ -T x mr� -1 _a J - -- -rlI Ar— 'IAl''f -11- Z1- Council Member Champion introduced the following Resolution entitled "RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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 Throgmorton vote was, seconded the motion to adopt. The roll was called and the AYES: Mims, Payne, Throgmorton, Champion, Dickens, NAYS: Dob nng , Hayek None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION N0. 12 -221 RESOLUTION CANCELLING PUBLIC HEARING AND MEETING PREVIOUSLY SCHEDULED AND 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, it has been determined that the notice of hearing and meeting previously published was insufficient to give the Council jurisdiction to proceed; 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 -14- 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: Section 1. That the public hearing and meeting previously scheduled on this matter is hereby cancelled and rescheduled as hereinafter provided. Section 2. 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 15th 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 3. 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 4. 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 5. The notice of the proposed action to issue the Bonds shall be in substantially the following form: -15- Publish 5/4 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 15th 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 4th day of May, 2012. Marian K. Karr City Clerk, City of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 1st day of May, 2012. ATTEST: //(d",) k City Clerk Mayor -18- 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 15th 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 addition fiction for the issuance of not to exceed $650,000 Taxable General Obligation Bonds, ies 2012, for essential corporate purposes of said City, bearing interest at the rate of no t exceed seven (7) er centum per annum, in order to provide funds to pay costs of al in the plannin , undertaking, and carrying out of urban renewal projects under the au ity of chapt r 403, and all of the purposes set out in section 403.12, including the acqui 'on of pr erty in the Towncrest Urban Renewal Area and further development of the an R newal Area, including streets, streetscapes and rehabilitation projects; the planni d design of Riverfront Crossings District and the acquisition of property necessary fo he operation of the City and the health and welfare of its citizens, including propery hin the area of the City known as the Riverfront Crossings District. / At any time before the date of the me ing, a petition sking that the question of issuing such Bonds be submitted to the leg voters of the Ci maybe filed with the City Clerk of the City in the manner provided y Section 362.4 of tN Code of Iowa, pursuant to the provisions of Section 384.24(3)(q Iof the Code of Iowa. Also, at the above meeting from any resident or property owi or petitions asking that the propos and considered, the Council will � additional action for the issuanck appropriate. the,touncil shall receive oral or itten objections .e of the City, to the above action. -ft el all objections yI on be submitted to an election hav been received t this meeting or at any adjournment t ereof, take of bonds or will take such other action aX it may deem This notice is given y 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. -16- Dated this day of , 2012. City Clerk, City of Iowa City, Iowa (End of Notice -17- 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, Atate of Iowa, will hold a public hearing on the 1 st ay of May, 2012, at 7:00 o'clock P.M., in a Emma J. Harvat Hall, City Hall, 410 E. Washingt Iowa City, Iowa, at which meeting e Council proposes to take additional action for the i uance of not to exceed $650,00 axable General Obligation Bonds, Series 2012, for essential orporate purposes of said C' y, bearing interest at the rate of not to exceed seven (7) per centu per annum, in order to rovide funds to pay costs of aiding in the planning, undertaking, an carrying out of ur n renewal projects under the authority of chapter 403, and all of the p oses set out i section 403.12, including the acquisition of property in the Towncrest U an Renew Area and further development of the Urban Renewal Area, including streets, stree capes d rehabilitation projects; the planning and design of Riverfront Crossings District an he cquisition of property necessary for the operation of the City and the health and welfare is citizens, including property within the area of the City known as the Riverfront Crossin s istrict. At any time before the date of the meeti , a p tition, asking that the question of issuing such Bonds be submitted to the legal v ters of t e City, may be filed with the City Clerk of the City in the manner provided by ection 362. of the Code of Iowa, pursuant to the provisions of Section 384.24(3)(q) of Code of Iowa. Also, at the above meetio�f the Co cil shall receive o 1 or written objections from any resident or property owner the Ci , to the above action. fter all objections or petitions asking that the proposition be ubmitted to an election h ve been received and considered, the Council will at this in eting or at any adjournment ereof, take additional action for the issuance of bonds or 11 take such other action as it in deem appropriate. This notice is given by orde of the City Council of the City of wa City, Iowa, as provided by Section 384.24(3)(q and 403.12 of the City Code of Iowa. Dated this 23rd day of ril, 2012. s/Marian K. Karr City Clerk, City of Iowa City, wa (End of Notice) 15 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $650,OO1 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012 ", and moved: \ that the Resb; ution be adopted. to ADJOURN to institute prc be held at of Council Member called and the vote was, AYES: NAYS: defer action on ings for the issi o'clock 2012, at th� h Resolution and the proposal i ce of Bonds to the meeting to _.M., on the day place. seconded the motion. The roll was Whereupon, the Mayor decfared the measure duly RESOLUT ON INSTITUTING PROCEED S TO TAKE ADDITIO AL ACTION FOR THE ISSUAN OF NOT TO EXC ED $650,000 TAXABLE GENERAL OBLIG TION BONDS, SERIES 2012 WHEREAS pursuant to notice published as required by la k, this Council has held a public meetin nd hearing upon the proposal to institute procee 'ngs for the issuance of not to exceed $650,000 Taxable General Obligation Bonds, for th essential corporate purposes of paying costs of the aiding in the planning, undertaking, Ld 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 -13- 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, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds, and no petition was filed calling for a re a ndum thereon; and, accordingly the following action is now considered to be in the b st interests of the City and residents thereof. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOW Section 1. That this Counci oes hereby Jinitute proceedings and take additional action for the sale and issuance in th anner re d by law of not to exceed $650,000 Taxable General Obligation Bonds for PASSED AND APPROVED this 1 ATTEST: City Clerk essential corporate purposes. of May, 2012. Mayor -14- jc. 0 Council Member Mims introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT" and moved its adoption. Council Member Dickens seconded the Resolution to adopt. The roll was called and the vote was, AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 12 -222 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT WHEREAS, the City of Iowa City, State of Iowa, is in need of 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 -19- 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, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $7,950,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 1, 2012, upon the proposal to institute proceedings for the issuance of the Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is deemed necessary that the Bonds be advertised for public sale; and WHEREAS, the City of Iowa City, State of Iowa, is in need of 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, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $700,000, as authorized by Section 384.26 of the City Code of Iowa; 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 $700,000.00; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council will hold a public meeting and hearing on May 15, 2012, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds; and it is deemed necessary that the Bonds be advertised for public sale to be conducted following the public hearing; and WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the construction, reconstruction, improvement and equipping of city facilities, including the construction of an animal shelter, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $700,000, as authorized by Section 384.26 of the City Code of Iowa; and -20- 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 $700,000.00; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council will hold a public meeting and hearing on May 15, 2012, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds; and it is deemed necessary that the Bonds be advertised for public sale to be conducted following the public hearing; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is deemed appropriate that the various general obligation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of $9,070,000 corporate purpose bonds, designated as General Obligation Bonds, Series 2012A, as hereinafter set forth; and WHEREAS, the City of Iowa City, State of Iowa, is in need of funds to pay costs of the 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, an essential corporate purpose, and it is deemed necessary and advisable that General Obligation Bonds to the amount of not to exceed $650,000 be authorized for said purpose; and WHEREAS, pursuant to notice published as required by Sections 384.24 (3)(q) and 384.25 of said Code, this Council will hold a public meeting and hearing on May 15, 2012, upon the proposal to institute proceedings for the issuance of said Bonds, and it is deemed necessary that $620,000 of the bonds, designated as Taxable General Obligation Bonds, Series 2012B, be advertised for public sale to be conducted following the public hearing; and WHEREAS, in conjunction with its financial advisor, Public Financial Management, Inc., the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and -21- WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Mayor and City Clerk, upon the advice of bond counsel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distributed in connection with the offering of the Bonds for sale. Section 3. That the Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in Iowa City Press - Citizen, a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 15th day of May, 2012, at 7:00 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at 10:00 o'clock A.M. on said date. The notice shall be in substantially the following form: -22- Publish 5/4 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2012A and Taxable General Obligation Bonds, Series 2012B, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., on the 15th day of May, 2012. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2012A, in the amount of $9,070,000, to be dated June 20, 2012; and TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, in the amount of $620,000, to be dated June 20, 2012 (together the "Bonds "). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 'r 52440. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids must be submitted through the PARITY® competitive bidding system. • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director at City Hall, 410 E. Washington, Iowa City, Iowa 52440 (facsimile number: 319- 341 - 4008). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, State of Iowa. Marian K. Karr City Clerk, City of Iowa City, State of Iowa PASSED AND APPROVED this 1st day of May, 2012. ATTEST: City Cler ��" A- . Mayor -25- 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 day of 2012. - City berk, City of Iowa City, Iowa (SEAL) 00861419 -1 \10714 -111 16 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $9,070,000 GENERAL OBLIGATION BONDS, SERIES 2012A, AND $620,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2012B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT" and moved its adoption. Council Member adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the RESOLUTION DIRECTING FOR SALE OF $9,070,000 G. BONDS, SERIES 2012A, AT GENERAL OBLIGATION B APPROVING ELECTRONIC AND OFFICIAL STATEME] seconded the Resolution to duly adopted as follows: ADVERTISEMENT ' AT OBLIGATION K?x,000 TAXABLE JDS, NERIES 2012B, AND IDDIN15PROCEDURES WHEREAS, the City of Iowa City State of Iowa, is 'n need of funds to pay costs of the construction, reconstruction, and pair of public way sidewalks, overpasses, and pedestrian underpasses and overpasses the opening, widening, extending, grading and draining of the right -of -way of streets ighways, avenues and p blic grounds and the removal and replacement of dead or iseased trees thereon; the c reconstruction, and repairing of any treet improvements, bridges, walls; the acquisition, construction improvement, and installation c fixtures, connections, and facilitie ; the acquisition, installation and control devices; the acquisition, onstruction, reconstruction, exten- and equipping of works and fac . waters and streams; the reconso useful for the collection and -ts, and retaining -et lighting it of traffic improvement, W of surface on, extension and improvement of the 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 -15- 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, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue General Oblip, tion Bonds for such purpose to the amou t of not to exceed $7,950,000 as authorized y Section 384.25 of the City Code of Iowa; arkd WHEREAS, pur ua Council has held a publi institute proceedings for th Council action made by an considered by the Council; public sale; and to notice published as required by gection 384.25 this ;eting and hearing on May 1, 2012, /upon the proposal to issuance of the Bonds, and all obj ctions, if any, to such City were received and Bonds be advertised for nnVesident or property owner of the it is deemed necessary that t e WHEREAS, the City of Io a City, State of Iowa, ' in need of funds to pay costs of the construction, reconstruct ilargement, improv ment and equipping of City Hall, police stations, and fire stations, including miscell neous improvements to City Hall and other departments, a general corpo to purpose pr ect, and it is deemed necessary and advisable that the City issue Genera Obligation onds for such purpose to the amount of not to exceed $700,000, as aut rized by ection 384.26 of the City Code of Iowa; and WHEREAS, the City has a population c 75,000, and the amount of the proposed bond i WHEREAS, pursuant to notice publi Council has held a public meeting and heari institute proceedings for the issuance of not Bonds, and no petition was filed in the ma Code of Iowa; and it is deemed necessary and ► re than 5,000 but not more than ss a is not more than $700,000.00; and as equired by Section 384.26 (5), this on Ma 1, 2012, upon the proposal to exceed 00,000 General Obligation provided y Section 362.4 of the City the Bonds b advertised for public sale; WHEREAS, the City of Iowa �ity, State of Iowa, is in \bySe nds to pay costs of the construction, reconstruction, ' provement and equippinacilities, including the construction of an a 'mal shelter, a general corpose project, and it is deemed necessary and advisa e that the City issue General ion Bonds for such purpose to the amount of not t exceed $700,000, as authorizeon 384.26 of the City Code of Iowa; 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 $700,000.00; and -16- WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 1, 2012, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition wa filed in the manner provided by Section 362.4 of the City Code of Iowa; and it is dee ed necessary that the Bonds be advertised for public sale; and l WHEREAS, pursuant Section 384.28 of the City Code of Iowa, it is deemed appropriate that the various ge eral obligation bonds hereinabo e described be combined for purposes of issuance and sal in a single issue of $9,070,0 corporate purpose bonds, designated as General Obligation onds, Series 2012A, ash einafter set forth; and WHEREAS, the City of Iow City, State of Iowa, i in need of funds to pay costs of the aiding in the planning, underta in and and carrying o t of urban renewal projects under the authority of chapter 403, an all of the purpos s set out in section 403.12, including the acquisition of property in e Towncrest rban Renewal Area and further development of the Urban Renewal Area, including st eets, streetscapes and rehabilitation projects; the planning and de ign of Ri erfront Crossings District and the acquisition of property necessary for the op ation the City and the health and welfare of its citizens, including property within the a ea o the City known as the Riverfront Crossings District, an essential corporate purp a and it is deemed necessary and advisable that General Obligation Bonds to the ount of not to exceed $650,000 be authorized for said purpose; and WHEREAS, pursuant to notice pubYedas\e�uiredby Sections 384.24 (3)(q) and 384.25 of said Code, this C/ableG ncil has ld a pub c meeting and hearing on May 1, 2012, upon the proposal to ins dings for th issuance of said Bonds, and no petitions for referendum havinived, and it is eemed necessary that $620,000 of the bonds, designated as Taral Obligation onds, Series 2012B, be advertised for public sale; and WHEREAS, in conjuns financial advisor Public Financial Management, Inc., th e City haPreliminary Officia Statement to be prepared outlining the details of the pro of the Bond; and WHEREAS, the CZing cil has received information from A Financial Consultant commen evaluating and re the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and -17- WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY CITY OF IOWA CITY, STATE OF IOWA: Section 1. That the r the Parity Competitive Bidd' and determined to provide r competitive bidding process, connection with the offering ipt of electronic bids by System described in the anable security and to m id to facilitate the deliver public sale. Section 2. That the preli it meeting be and the same hereby i Rule 15c2 -12 of the Securities an corrections or modifications as the counsel and the City's Financial Ai authorized to be distributed in corn iary Official St approved as to xchange Con ayor and C' Ni or, shall ei Section 3. That the Clerk is hereb, at least once, the last one of which shall b twenty days before the date of the sale. COUNCIL OF THE �s' ile machine and through ice of Sale are hereby found stain the integrity of the of bids by interested parties in r rm ent in the form presented to this and deemed final for purposes of nission, subject to such revisions, Clerk, upon the advice of bond =ine to be appropriate, and is offering of the Bonds for sale. ,ted to publish notice of sale of said bonds less than four clear days nor more than ition shall be made in Iowa City Press - Citizen, alegal newspaper, print/beo yin e English language, published within the county in which the bonds are to ed for ale or an adjacent county. Said notice is given pursuant to Chapter 75 of of Iow , and shall state that this Council, on the 15th day of May, 2012, at 7:00 o.M., will old a meeting to act upon bids for said bonds, which bids were previoused and op ned by City Officials at 10:00 o'clock A.M. on said date. The notice sh substantial the following form: -18- NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2012A and Taxable General Obligation Bonds, Series 2012B, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iow City, Iowa 52440 (the "Issuer ") t 10:00 o'clock A.M., on the 15th day of May, 2012. T e bids will then be publicly ope d and referred for action to the meeting of the City uncil in conformity with the T RMS OF OFFERING. The Bonds: The \bonds to be offered are the GENERAL OBL ATION BONDS, SERI YS 2412A, in the amount of $9,070,000, to be a#ted June 20, 2012; and TAXABLE GENER L OBLIGATION ONDS, SERIES 2012B, in the amount of $620,000, t be dated June 2 , 2012 (together the "Bonds "). Manner of Bidding: Ope bids will n t be received. Bids will be received in any of the following methods: • Sealed Bidding: Seale bio may be submitted and will be received at the office of the Finance Di for at City Hall, 410 E. Washington, Iowa City, Iowa 52440. • Electronic Internet Bi din : lectronic internet bids will be received at the office of the Finance irector City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bi s must be s bmitted through the PARITY® competitive biddi system. • Electronic Facsi ile Bidding: Electr nic facsimile bids will be received at the office of th Finance Director at C y Hall, 410 E. Washington, Iowa City, Iowa 52 40 (facsimile number: 3 - 341 - 4008). Electronic facsimile bids will be s sled and treated as sealed ds. Consideration of ids: After the time for receipt o bids has passed, the close of sealed bids will be anno nced. Sealed bids will then be pu icly opened and announced. Finally, electronic inte et bids will be accessed and announ ed. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City H 1, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the ab e date at 7:00 o'clock P.M. -1- Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Fina cial Management, Inc., 801 Grand Avenue, Site 3300, Des Moines, Iowa, 50309, Tele hone: 515- 243 -2600. Terms k Offerin : All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Of cial Statement. Legal O inio . The bonds will be sold subject o the opinion of Ahlers & Cooney, P.C., Attorneys of De'eonds nes, Iowa, as to the legal' and their opinion will be furnished together with the print without cost to the urchaser and all bids will be so conditioned. Except to xtent necessary to /v( their opinion as to the legality of the bonds, the attorneys will not xamine or reviexpress any opinion with respect to the accuracy or completeness of cuments, mater statements made or furnished in connection with the sale, issuan or marketin he bonds. Rights Reserved: The right is irregularities as deemed to be in the By order of the City Council of reject any or all bids, and to waive any s of the public. of Iowa City, State of Iowa. Clerk, City of Iowa City, State of Iowa (End of Notice -2- -3- NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds, Series 2012A and Taxable General Obligation Bonds, Series 2012B, of the City of Iowa City, State of Iowa, will be received at the office of the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 (the "Issuer ") at 10:00 o'clock A.M., on the 15th day of May, 2012. The bid ill then be publicly opened and referred for action to the meeting of the City Counc r1in conformity with the TERMS OF OFFERING. The Bonds: The bons to be offered are the following: GENERAL OBLIGA ION BONDS, SERIES 2012A1 i the amount of $9,070,000, to be date June 20, 2012; and TAXABLE GENERAL BLIGATION BONDS, §CRIES 2012B, in the amount of $620,000, to b dated June 20, 2012 (t gether the "Bonds "). Manner of Bidding: Open b s will not be received. Bids will be received in any of the following methods:' • Sealed Bidding: Sealed ids may e submitted and will be received at the office of the Finance Dir ctor at ity Hall, 410 E. Washington, Iowa City, Iowa 52440. !. • Electronic Internet Bidding. lectronic internet bids will be received at the office of the Finance Dire o at City Hall, 410 E. Washington, Iowa City, Iowa 52440. The bids ml t b, submitted through the PARITY® competitive bidding sys m. • Electronic Facsimile iddin : Electronic facsimile bids will be received at the office of the Fin ce Director at;City Hall, 410 E. Washington, Iowa City, Iowa 52440 ( csimile number: °319- 341 - 4008). Electronic facsimile bids will be seale and treated as seale"d bids. Consideration of Bids: After the time for receipt '@,f bids has passed, the close of sealed bids will be announc96. Sealed bids will then be p olicly opened and announced. Finally, electronic internet pds will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa at a meeting of the City Council on the above date at 7:00 o'clock P.M. -23- Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington, Iowa City, Iowa 52440 or the Issuer's Financial Consultant, Public Financial Management, Inc., 801 Grand Avenue, Suite 3300, Des Moines, Iowa, 50309, Telephone: 515- 243 -260. Terms of Offering: All bids accord with the Terms of Offering Legal Opinion: The bonds will bb P.C., Attorneys of Des Moines, Iowa, as together with the printed bonds without conditioned. Except to the extent necess bonds, the attorneys will not examine or accuracy or completeness of documents, connection with the sale, issuance or ma Rights Reserved: The right is irregularities as deemed to be in the be in conformity w0fi and the sale shall be in forth in the Offic' 1 Statement. sold subject the opinion of Ahlers & Cooney, the legapurchaser y and their opinion will be furnished t to the and all bids will be so to is e their opinion as to the legality of the -e 'ey�Aor express any opinion with respect to the ma rials or statements made or furnished in of the bonds. reject any or all bids, and to waive any s of the public. By order of the City Council' of the City 4Iowa City, State of Iowa. r' City (End of Notice) -24- City of Iowa City, State of Iowa W Prepared by Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 RESOLUTION NO. 12 -223 RESOLUTION APPROVING FUNDING FOR MOLLY'S CUPCAKES IOWA CITY, L.L.C. FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2011- 2015 Consolidated Plan (CITY STEPS), as amended, as well as the FY12 Annual Action Plan, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Molly's Cupcakes Iowa City, L.L.C. be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of a partially secured, seven -year (7 year) amortized loan with an interest rate of 0 %; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project as the business will create seven full time equivalent positions, of which 51 % will be held by or available to low -to- moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Molly's Cupcakes Iowa City, L.L.0 for activities in connection with this allocation of public funds. Passed and approved this ist day of May , 2012. ATTEST: at � CITY CLERK MAYOR NW Approved by City Attorney's Office it Resolution No. 12 -223 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 _ Y Hayek x Mims x Payne Y Throgmorton I �Ir� CITY OF IOWA CITY 1-12 18 MEMORANDUM Date: April 17, 2012 To: Tom Markus, City Manager From: Jeff Davidson, Planning & Community Development Director Re: CDBG Economic Development Funding Recommendation Molly's Cupcakes Iowa City, L.L.C. Introduction: The City Council annually allocates Community Development Block Grant (CDBG) Funds from the U.S. Department of Housing and Urban Development for eligible economic development activities including financial assistance to micro - enterprises or small businesses. Jamie Smith, owner of Molly's Cupcakes Iowa City, requests CDBG financial assistance for working capital to open a new bakery at 14 S. Clinton St. The attached resolution allocates these funds to Molly's Cupcakes Iowa City. History /Background: Molly's Cupcakes first opened in Chicago in 2007, followed by a store in New York. Molly's Cupcakes Iowa City will be the company's first franchise. The owner has experience at the Chicago store as front of house staff and then account manager /office manager. The bakery will offer cakes, brownies, cheesecake, seasonal items and beverages, but will specialize in cupcakes. The bakery will include a dining area and will be open on weekends until midnight. The business qualifies under the Community Development Block Grant program as the business will create seven full time equivalent jobs where 51 % of the positions will be held by or made available to low -to- moderate income residents. The business is woman owned and a certified Iowa targeted small business. Discussion of Solution: Applicant secured an $115,000 commercial loan from MidWestOne and applied for $50,000 through a targeted small business loan from the state of Iowa. The owner will contribute $50,000 in investor capital. CDBG assistance is requested to provide sufficient working capital during the start-up months. Recommendation: The Council Economic Development Committee recommended funding this request with the following terms: $35,000 loan, 0% interest with a maximum repayment term of 7 years. The loan will be partially secured by a lien on the owner's personal vehicle and a lien on all business assets. These terms reduce the City's risk and are in line with what the City has provided to similar applicants in this program. Due to the quality of the business plan, prior experience in the baking industry and a history of paying loan obligations, the committee recommended funding this business even though the loan will not be fully secured. Funding Source: Approved under the FY12 budget — CDBG Economic Development Fund. ADVERTISEMENT FOR BIDS Iowa City Industrial Campus Railroad Siding and Spur Improvements Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 24 h day of April, 2012, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat at 7:00 P.M. on the 1 st day of May, 2012, or at such later time and place as may then be scheduled. The Project will involve the following: The construction of railroad siding and spur improvements along the Iowa Interstate Railroad located east of Compass Drive and west of Taft Avenue. Project includes all materials, labor and equipment necessary for the completion of the project. Approximate project quantities include: 11,127 CY of excavation and embankment, 10,540 SY of fly ash subgrade stabilization, 9,500 tons of subballast, and 5,860 TF of industrial track construction, erosion control, seeding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC. of Cedar Rapids, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the ADVERTISEMENT FOR BIDS AF -1 canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor , and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: May 28th 2012 Completion Date: November 30"', 2012 Liquidated Damages: $500.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to: Treasurer of the City of Iowa City, Iowa. The refund will be issued 2 weeks after bid opening if re- useable plans and specifications are returned to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 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 subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. ADVERTISEMENT FOR BIDS AF -2 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 ADVERTISEMENT FOR BIDS AF -3 M4'� . OTT?_f, Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. 12 -224 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY INDUSTRIAL CAMPUS RAILROAD SIDING AND SPUR IMPROVEMENTS PROJECT. WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa, has submitted the lowest responsible bid of $1,267,177.20 for construction of the above -named project; and WHEREAS, funds for this project are available in the Iowa City Industrial Campus Project account # 4512. 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 Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 1st day of May 120 12 &!Eg�„ MAYOR Approved by ATTEST: ( CITY CLERK City Attorney's Office Zs4(Z It was moved by Dickens and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobbins X Hayek X Mims x Payne Throgmorton pweng/res/awrdcon- ICIC.doc 4/12 STATE OF IOWA Transportation at maintenance work. NOTICE TO BIDDERS — Sealed bids will be received on April 17, 2012 by the Iowa Department of the Office of Contracts in Ames, Iowa for various items of construction and /or Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p. M. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two -hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two -hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:00 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 423.3 (80). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub - contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.ia.bidx.com • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239 -1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal -Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87 -581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non - resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515- 239 -1414 Bid Order: 109 DBE Goal: 2.5% Work Type: PCC PAVEMENT — GRADE & REPLACE Guarantee: $375,000.00 Project: STP -U- 3715(637)- -70 -52 Route: LOWER MUSCATINE ROAD IN THE CITY OF IOWA CITY KIRKWOOD AVENUE TO FIRST AVENUE Prepared by: Jason Havel, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -225 RESOLUTION REJECTING BIDS RECEIVED ON APRIL 17, 2012 FOR THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVENUE TO 1ST AVENUE) [STP -U- 3715(37)-- 70 -52]. WHEREAS, two bids were received on April 17, 2012, for the Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to 1St Avenue), and the bids exceeded the Engineer's Estimate by 35 %; and WHEREAS, the Department of Public Works recommends that the Council reject all bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT all bids received on April 17, 2012 for the Lower Muscatine Road Reconstruction Project (Kirkwood Avenue to 1 st Avenue) are rejected. Passed and approved this 1st day of May —120 12 .i+ �. 4 01 Approved by ATTEST: i y AaV7(X?iZW CITY CLERK City Attorney's Office It was moved by Dobyns and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: .X_ _ X X X _ X —X X pweng/res/reject - Iwrmusc reconstrud.doc NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 20 J Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5436 RESOLUTION NO. 12 -226 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE ROCKY SHORE DRIVE PUMP STATION AND FLOODGATE PROJECT. WHEREAS, the City of Iowa City desires to construct the Rocky Shore Drive Pump Station and Floodgate Project ( "Project') which includes the construction of a permanent and automatic storm water pumping station and floodgate structure; 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 Rocky Shore Lift Station /Flood Gates Project account # 3964. 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 Rock Shore Drive Pump Station and Floodgate Project ( "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. 2. 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 -226 Page 2 Passed and approved this ist day of May , 20_1.2 . A- MAYOR Approved by ATTEST: �'A1 CITY CtERK City Attorney's Office It was moved by Champion and seconded by Dobvns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x — x x x x x x pweng\masters\acquireprop.doc Champion Dickens Dobyns Hayek Mims Payne Throgmorton � r 7 wr ®�4T4 CITY OF IOWA CITY_ 2�� MEMORANDUM Date: April 20, 2012 To: Tom Markus, City Manager From: Rick Fosse, Director of Public Works" Re: Rocky Shore Drive Pump Station and Floodgate Project Introduction Design of the Rocky Shore Drive Pump Station and Floodgate Project is underway. The acquisition of property interests will be necessary for the construction of this process. History /Background The project is part of Iowa City's flood mitigation strategy and is intended to reduce impacts of future floods on nearby properties and critical infrastructure along Highway 6 that were flooded in 1993 and 2008. It will involve the installation of permanent, automatic pumps to an existing stormwater structure located near the intersection of Rocky Shore Drive and Highway 6. The project will also include the installation of a floodwall and flood gate system across the Rocky Shore Drive north of the railroad viaduct. Discussion of Solutions This design of this project is being coordinated with the University of Iowa and the City of Coralville to provide and integrated flood mitigation system for the properties south of the Iowa River from Rocky Shore Drive to Clear Creek. 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. Financial Impact Funding for this project was received through an Iowa Economic Development Authority (IEDA), Community Development Block Grant (CDBG). The legislation providing the disaster recovery funding is the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Pub. L. 110 -329). Recommendation Staff recommends authorizing the acquisition of property interests necessary for construction of the Rocky Shore Drive Pump Station and Floodgate Project. Cc: Ron Knoche, City Engineer Ben Clark, Special Projects Administrator Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -227 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $32,164; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($16,726) and Johnson County will receive 48% ($15,438), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriffs Office. Passed and approved this lst day of May 2012. �. ATTEST: App oved y y) `CITY CLERK ity Attor ey Resolution No. _ 12 -227 Page 2 It was moved by Mims 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 THE STATE OF IOWA KNOW ALL BY THESE PRESENT COUNTY OF JOHNSON INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2012 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this ?— day of thgz4, 2012, by and between The COUNTY of Johnson, acting by and through its governing 6668y, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Iowa City, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY $15,438.00 from the JAG award for the Cedar Rapids Regional Law Enforcement Range Project; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $15,438.00 of JAG funds, assuming the maximum amount of $32,164.00 is awarded after submission of the application. Whatever the award, the City will pay COUNTY 48% of the award and CITY will retain 52% of the award. Section 2. COUNTY agrees to use $15,438.00 for the Cedar Rapids Regional Law Enforcement Range Project as outlined in the grant application. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA Mayor, Matthew J. Hayek ATTEST: COUNTY OF JOHNSON, IOWA Chairperson, Boar o Supervisors ATTEST: City Cl6rk CoLnty Mditor Approved a to form: ty Attorney Approved as to.for ounty Attorney *By law, the City Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). r I,I�,:. ®pI CITY OF IOWA CITY 22 �w �141q 74k, MEMORANDUM Date: April 23, 2012 To: Tom Markus, City Manager From: Chief Sam Hargadine Re: Edward Byrne Memorial Justice Grant Notification Introduction: The Iowa City Police Department in partnership with the Johnson County Sheriffs Office is making application for the 2012Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. History/Background: The Departments were notified that they are eligible to apply for $32,164.00. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($16,726.00) and Johnson County will receive 48% ($15,438.00). This is similar to past years that the grant has been awarded. Discussion of Solutions: The Iowa City Police Department would like to allocate the $16,726.00 for the purchase of equipment to be utilized at the Cedar Rapids Police Department range. The Johnson County Law Enforcement agency heads have decided that it would be in the best interest of those agencies to continue to utilize the CRPD range for firearm training. CRPD is starting to expand and upgrade the range at it's current location and is asking for assistance to cover the cost on these improvements. Those agencies that agree to help with the cost will be provided a MOU which will include guaranteed range dates, priority in picking the training dates, a key to the facility, on site storage and either waiver or reduction in usage fees. Other benefits maybe included once the MOU is finalized. In addition Iowa City would utilize funds from the 2009 Byrne JAG, approved for range equipment, and asset forfeiture funds for a total contribution of $100,000.00 towards the project. A breakdown of funding is as follows; 2112 Byrne JAG $16,726.00 + 2009 Byrne JAG $31,927.00 + Asset forfeiture funding $51,347.00. Financial Impact: There are no matching funds needed to qualify for this grant. Recommendation: In accordance with the Justice Assistance Grant application, the application will be on file for review no less than 30 days. This memo serves to notify the City Manager and City Council of the opportunity to review the application of these funds and provide an opportunity for public comment. The recommendation is to apply for this grant. Prepared by: Geoff Fruin, Assistant to the City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5013 RESOLUTION NO. 12 -228 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE DEPARTMENT BY REDUCING THE AUTHORIZED POSITION OF PURCHASING CLERK TO 1.0 EMPLOYEE AND INCREASING THE AUTHORIZED POSITION OF BUDGET ANALYST TO 2.0 EMPLOYEES. WHEREAS, Resolution No. 12 -101, adopted by the City Council on March 6, 2012, authorized budgeted positions for FY13; and WHEREAS, an established priority of the Iowa City strategic plan is to enhance the budget process and documentation through additional financial analysis and performance metrics; and WHEREAS, a reorganization of the budgeted positions in the Finance Department will help achieve the stated goals in the City's strategic plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The authorized budgeted positions in the Purchasing Division of the Finance Department be amended by eliminating one three quarters -time Purchasing Clerk 2. The authorized budgeted positions in the Finance Department be amended by adding one additional full -time Budget Analyst Passed and approved this 1st day of May , 2012 ATTEST:_ Aa_46:1 i YC CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: X x _x —x X _x x Mgr /res /Com municationsOffice2012.doc 4/12 MAYOR and seconded by Ap roved. -by f City Attor ey's ffi _4- Throgmorton the Resolution be NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r ,-,.® CITY OF IOWA CITY 3a.. .� 2 x,101 MEMORANDUM 05 Date: April 24, 2012 To: Tom Markus, City Manager From: Geoff Fruin, Assistant to the City Manager Re: Change in Authorized Positions within the Finance Department Introduction: One of Iowa City strategic plan priorities for the current year is to maintain and build upon a strong and sustainable financial foundation. Two of the specific elements of this goal include analyzing existing financial policies and practices, and improving the budget process and document. The FY 2013 budget introduced performance metrics and comparative analyses, both of which are intended to provide elected officials and the public a greater understanding of our organizational performance levels and relative financial position compared to other Iowa cites. While this was an important first step, much work exists to expand that framework and add additional components such as financial and economic trend analyses. Due to a retirement and promotion in the Purchasing Division of the Finance Department, there is currently a vacant three - quarters time Purchasing Clerk position. Changes anticipated from the updated Purchasing Manual, coupled with a new staffing plan for the City Hall front desk position will reduce the workload for the Purchasing Division. Therefore, there is an opportunity to eliminate the vacant three - quarters time Purchasing Clerk position. This would result in the Purchasing Division staffing level dropping from 4.75 employees to 4.0 employees. The cost - savings associated with the elimination of the position will help offset the expense of adding a second Budget Analyst position within the Finance Department. History/Background: A recent retirement in the Purchasing Division of the Finance Department has provided us an opportunity to review the current staffing levels in that area. While the Buyer position that was vacated was deemed necessary to fill, it was assumed by an employee that previously held one of two Purchasing Clerk positions in the same division. One of the primary duties for the Purchasing Clerk is to staff the front desk of City Hall during regular business hours. Additionally, the Purchasing Clerk position provides routine support to departments and Buyers throughout the procurement process. In the Finance Administration Division the Director is supported by one full -time Budget Analyst and a half -time time Management Analyst. These analyst positions provide a range of administrative functions, with an emphasis on budget analysis, preparation and monitoring. Discussion of Solutions: After evaluating the need to fill the vacant Purchasing Clerk position, it has been determined that staff resources would be more aptly targeted away from purchasing and toward financial analysis. The Council's strategic plan has identified continued enhancements to the budget process and document as a top priority. While these improvements have been initiated, there is considerable work ahead to more fully incorporate increased financial analysis, performance measures, and comparative and trend analysis. Ultimately, staff's goal is to provide a more readable and useful document that will better inform elected officials and the general public. April 24, 2012 Page 2 In order to accomplish this goal, it is recommended that the City eliminate one of the two authorized Purchasing Clerk positions, which happens to be vacant at this time. This is a three - quarters time position. It is also recommended that a second full -time Budget Analyst be created within the Finance Administration area. The end result will be an addition of an equivalent quarter -time employee in the Finance Department. By eliminating the Purchasing Clerk position, a new staffing plan for the front desk position will need to be implemented. To this end, I recommend that those duties be reassigned to the City Manager's Office and coordinated with the new communication positions that Council authorized on April 17, 2012. The front desk position will be filled by two temporary employees, one working in mornings and the other in afternoons that will dually assist with communication and customer service related tasks. Financial Impact: The Purchasing Clerk and Budget Analyst positions are not in equivalent pay classifications. However, the Purchasing Clerk position was vacated by an employee with approximately ten years of service and thus well into the higher range of the step classification system. The Budget Analyst position would presumably be filled at or near the bottom of the salary range. Furthermore, the two temporary front desk staff members could be offset by the elimination of the City Manager's intern, which would shift to an unpaid post. The above - described changes would result in an additional expense totaling approximately $20,000 in the first year. Recommendation: It is recommended that the Council eliminate the vacant three - quarters time Purchasing Clerk position and authorize a second full -time Budget Analyst position within the Finance Department. The cost implication of such change is estimated to be approximately $20,000. However, the Finance staff's resources would be better targeted to meet the City's strategic plan goals. The related new staffing model for the City Hall front desk position will further enhance existing communication and customer service efforts currently underway. If approved, the changes would be initiated immediately.