Loading...
HomeMy WebLinkAbout2012-11-13 ResolutionM�3 4NNNE • Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 12 -463 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: Clarion Highlander Hotel & Conference Center — 2525 N. Dodge Street Passed and approved this 13th day of November , 2012 �2�4 MAYOR Approved by ATTEST: CITY 'CLERK City Attorney's Office It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M �3 4d(1) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5030 RESOLUTION NO. 12-464 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARKING COVENANT FOR 225 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, Bruegger's Enterprises, Inc. ( "Tenant ") leases real estate located at 225 Iowa Ave., i ,)vva City, Iowa, which it desires to redevelop; and WHEREAS, said real estate is owned by Net Lease Funding 2005 LP ( "Owner"); and WHEREAS, the Board of Adjustment granted Owner and Tenant a special exception to allow certain parking requirements of the proposed development to be satisfied by acquiring fourteen (14) parking permits for the Dubuque Street municipal parking facility, or in another municipal lot as determined by the Director of Parking and Transportation Services; and WHEREAS, a condition of this special exception is that the Owner place a parking covenant on the property, which covenant cannot be released without the City's consent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to execute and the City Clerk to attest the attached Parking Covenant for 224 Iowa Avenue, Iowa City, Iowa. 2. The City Clerk is hereby directed to certify a copy of this resolution and record it and the attached Covenant in the office of the Johnson County Recorder at Tenant's expense. Passed and approved this 13th day of November , 20 12 ATTEST: CITY CtERK Approved byy�' , jJ ^i( et .� b(i -'tom -C �`.7i•`��1ti� City Attorney's Office Resolution No. 12 -464 Page 2 It was moved by Champion . and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: v x x _ x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton PARKING COVENANT WHEREAS, NET LEASE FUNDING 2005 LP ( "Owner ") owns real estate locally known as 225 Iowa Ave., Iowa City, Iowa, and legally described as: The East 15 feet of the North 86 feet of Lot 7 and the West 35 feet of the North 86 feet of Lot 8, Block 66, Iowa City, Iowa, according to the recorded plat thereof. (the "Property ") WHEREAS, Owner desires to construct a mixed use building with commercial space on ground floor and three one - bedroom residential units above on the Property; WHEREAS, Owner is the landlord under that Amended and Restated Lease dated as of December 18, 1996 (as may have been amended, supplemented, modified and assigned, the "Lease "), whereby the Owner leases the Property to Bruegger's Enterprises, Inc. ( "Tenant ") under a triple net lease, whereby Tenant is responsible for all maintenance, costs, expenses or charges with respect to the Property, including repairing of the Property after any damage or destruction; WHEREAS, in order to construct that mixed use building with commercial space on ground floor and three one - bedroom residential units above, Owner is required to provide for parking pursuant to the ordinances of the City of Iowa City and is relying on Tenant to execute its obligations related thereto; WHEREAS, insufficient physical space exists upon the Property to provide all of that parking; WHEREAS, the ordinances of the City of Iowa City allow for a portion of that parking to be provided off - site or in public facilities; WHEREAS, Tenant, as applicant, submitted to the City of Iowa City an Application for Special Exception (EXC 11 - 00011); WHEREAS, at a meeting on January 11, 2012 the Board of Adjustment of the City of Iowa City granted the Special Exception allowing Tenant to provide parking spaces in the municipally owned Tower Place Parking Ramp; and, WHEREAS_ , the terms of that Special Exception need to be incorporated into a Covenant running with the Property; NOW, THEREFORE, Owner imposes upon the Property the following Covenant for so long as the Property is used in the manner described in the Application for Special Exception and as allowed by the Board of Adjustment: 1. Tenant on behalf of Owner shall satisfy at least 3, but no more than 3, of the parking spaces required for development of the Property by acquiring permits from the City of Iowa City in the Tower Place Parking Ramp, or such other public parking facility as the City may from time to time deem appropriate. 2. Tenant on behalf of Owner shall compensate the City for those spaces at the then prevailing rental fee for those permits, upon the same terms and conditions as those permits would be offered to the general public. The terms and conditions of the lease of those spaces shall be set by the Director of Transportation Services of the City of Iowa City. 3. The off- site parking shall be made available by Tenant to residential tenants of the Property only, and at a cost no greater than the lease rate determined by the Director of Transportation Services of the City of Iowa City at the time of leasing. 4. Tenant shall provide to the City's Director of Transportation the name, address, and license plate number of all permit holders. 5. This Covenant shall run with the land and bind Tenant, Owner and their successors in interest until modified by mutual agreement of the then Tenant, Owner and the City of Iowa City. 6. Tenant shall record this Covenant in the office of the Johnson County, Iowa Recorder at the Tenant's expense. 7. Owner acknowledges that if Tenant fails to perform any of its obligations hereunder, Owner shall be responsible for such performance. Dated as of this ) —M day of October, 2012 OWNER: NET LEASE FUNDING 2005 LP, a Delaware limited partnership By: Net Lease Funding 2005, LLC, a Delaware limited liability company, its sole general partner aBy: &, 1461t� Name: Dale van Gelder Its: Authorized Signatory STATE OF FLORIDA COUNTY OF ORANGE, SS. At(Q.e this !r% day of October, personally appeared Ya ;duly authorized agent of Net Lease Funding 2005 LLC and he /she acknowledged s instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Net Lease Funding 2005 LLC. , /—% Before me: (, eux�, N ry Public ETfE K MACQUEEN My commission expires ivt �( DI S L��' ��' Commission # EE 055067 U pires January 16, 2015 11 0 [Wnd9d thNTmyF8MIn t"8W-V&7019 _ _— Its: C fv 1C. Ug*a" STATE OF f6 C,}{WVTON 015 N COUNTY OF 18fWSEW SS. At , \IT , this 10day of October, personally appeared NW �� duly authorized agent of Bruegger's Enterprises, Inc., and he /she acknowledged this instrument, by him/her sealed and subscribed, to be his/her free act and deed and the free act and deed of Bruegger's Enterprises, Inc. Before me-, otary Pu 'c My commission expires: Z ZO 11� CITY OF IOWA CITY, IOWA By: 60?! L-A& A Matthew J. Hayek, yor By: n ����- C �• Marian'K. Karr, City Clerk STATE OF IOWA COUNTY, SS. Y4o E. wAPd41&Giba Nw, olY At To A- , TA- , this /9 day of =before me, the undersigned, a Notary Public in and for said Coun and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, but it and by them voluntarily executed. Before me: Somil., Notary Public in and for the State of Iowa SONDRAE FORT i Commission Number 159791 My Comm! sion Expires iT .1 T-T,4 � 4d 2).. Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 12 -465 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH CORRIDOR STATE BANK FOR PROPERTY LOCATED AT 109 E. COLLEGE STREET. WHEREAS, the owner of 109 E. College Street granted the City a mortgage to secure a loan to sprinkle the building; WHEREAS, the owner is refinancing the primary loan with Corridor State Bank to obtain a better interest rate; and WHEREAS, Corridor State Bank requests that the City's mortgage be subordinate to its loan, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor is authorized to execute and the City Clerk to attest a subordination agreement between the City of Iowa City and Corridor State Bank for 109 E. College Street. Passed and approved this 13th day of November -12012. ATTEST: MQ� -,e - CITY CLERK Approved by City Attorney's Office Resolution No. 12 -465 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: F.1 %14 DU x x x —x x X x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 11 -13-12 4d(3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -466 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 1026 FAIRCHILD STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by the owners of the property on October 24, 2008, recorded on November 7, 2008, in Book 4364, Page 455 through Page 460, and executed on June 16, 2011, recorded on August 23, 2011, in Book 4795, Page 458 through Page 463, in the Johnson County Recorder's Office covering the following described real estate: The south 70 feet of Lot 5, and the south 70 feet of the east 10 feet of Lot 4, all in Block 5, in Woods' Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements, agreements and restrictions of record. WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owners of the property located at 1026 Fairchild Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is solely to obtain a lower interest rate, and University of Iowa Community Credit Union will be providing no additional funds to the owner; 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, the subordination will not change the City's current position, that is it will remain is second position and inferior to the owner's primary lender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 12 -466 Page 2 Passed and approved this i -ith day of November 1 20_L2 _. Wife] ATTEST: CITY CL K Approved by � � S a- City Attorney's Office It was moved by Champion and seconded by nobvnG 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 Mortgages which at this time are in the amount of $52,316.47, and was executed by Kirk S. Murray and Wim Rowley Murray (herein the Owners), dated October 24, 2008, recorded November 7, 2008, in Book 4364, Page 455 through Page 460, and dated June 16, 2011, recorded August 23, 2011, in Book 4795, Page 458 through Page 463, Johnson County Recorder's Office, covering the following described real property: The south 70 feet of Lot 5, and the south 70 feet of the east 10 feet of Lot 4, all in Block 5, in Woods' Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements, agreements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $152,500 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages 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 Mortgages 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 Mortgages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 13 41 'day of NauFinar— , 20 12 CITY OF IOWA CITY I LVA FVrOTM Attest: City Clerk- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTI a i� On this /� day of /�a0i= 1`I - �vtE3z- 20 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared / -p, 'hew -j. 74a4 eg and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /a- --S1(e fi passed (the Resolution adopted) by the City Council, under Roll Call No. -- of the City Council on the i� 41 day of Nave -AA-z2 4 , 20 1 , and that �S/la 1' et and Marian K. Karr acknowledged the execution of the instrument to be their voluntafy act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a.Y�q�m 1—' ONDRAEFORT Sf+_� i Commission Number 159791 Notary Public in and for the State of Iowa ow My / 7aoiF�lres ry LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 210 ` day of O dt -obxr , 2012 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Teo- "a \sexy , to me personally known, who being by me duly sworn, did say that he /she is the tVlotygQ 'f- Loam 0%cxr Of ComrvrcLVIt12 rxml4,uy i n, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said SP.q- Niikgn acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. i V PAGELYN B. HOWREN ACommission Number 733925 My Commission Expires ow •l2• VA I gaeff�� Notary Public in and for the State of Iowa My Commission expires: '� 'k 1' �A- 4d(4) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -467 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1822 ROCHESTER AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on May 31, 2012, recorded on June 6, 2012, in Book 4918, Page 895 through Page 901, in the Johnson County Recorder's Office covering the following described real estate: See EXHIBIT "A" WHEREAS, MidWestOne Bank has financed a mortgage to the owner of the property located at 1822 Rochester Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 13th day of November , 20 12 MAYOR Approved by �i 4�� Y -( , ATTEST: i[ . CITY tERK City Attorney's Office It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: Resolution No. 12 -467 Page 2 AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton EXHIBIT "A" Tract B in survey of tracts in W1/2 NE1 /4, Sec. 11, Twp 79 N, R. 6 West of the 5th P.M., as recorded in Plat Book 4, page 424, Plat Records of Johnson County, Iowa, and more specifically described as: Commencing at a point in the center of Rochester Avenue (State Highway No. 1) said point being 2636.4 feet easterly from the concrete monument at the Southwest corner of the Northwest Quarter of Section 11, Township 79 North, Range 6 West of the 5th P.M., thence South 89° 40' East 431.5 feet along the center of the said Rochester Avenue; thence South 82° 03' East 338.6 feet along the center of Rochester Avenue; thence North 0° 34' East 33.25 feet to the right -of -way line of said Avenue and the place of beginning; thence continuing North 0° 34' 112.0 feet; thence South 82° 03' East 95.8 feet; thence Southerly 51.3 feet along a 128.0 foot radius curve concave westerly; thence South 7° 57' West 21.0 feet; thence Southwesterly 62.83 feet along a 40 foot radius curve concave northwesterly and tangent to preceding and following courses; thence North 820 03' West 51.5 feet to the place of beginning. EXHIBIT "A" Tract B in survey of tracts in W1/2 NE1 /4, Sec. 11, Twp 79 N, R. 6 West of the 5th P.M., as recorded in Plat Book 4, page 424, Plat Records of Johnson County, Iowa, and more specifically described as: Commencing at a point in the center of Rochester Avenue (State Highway No. 1) said point being 2636.4 feet easterly from the concrete monument at the Southwest corner of the Northwest Quarter of Section 11, Township 79 North, Range 6 West of the 5th P.M., thence South 89' 40' East 431.5 feet along the center of the said Rochester Avenue; thence South 82° 03' East 338.6 feet along the center of Rochester Avenue; thence North 0° 34' East 33.25 feet to the right -of -way line of said Avenue and the place of beginning; thence continuing North 0° 34' 112.0 feet; thence South 82° 03' East 95.8 feet, thence Southerly 51.3 feet along a 128.0 foot radius curve concave westerly; thence South 7° 57' West 21.0 feet; thence Southwesterly 62.83 feet along a 40 foot radius curve concave northwesterly and tangent to preceding and following courses; thence North 82° 03' West 51.5 feet to the place of beginning. SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, 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 $48,606, and was executed by Marit Hervig (herein the Owner), dated May 31, 2012, recorded June 6, 2012, in Book 4918, Page 142 through Page 147, Johnson County Recorder's Office, covering the following described real property: See Exhibit "A" WHEREAS, the Financial Institution has loaned the sum of $109,300 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. 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. fti Dated this /3 day of Fn Q--- , 20 la. . CITY OF IOWA CITY BY . Mayor Attest: City CI k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By -1-t On this 1_ day of , 20 «, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mae4 w U, 44 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say t at 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 ..kGrdiea -nce) (Resolution) No. /a J14 7 passed (the Resolution adopted) by the City Council, under Roll Call No. -- of the City Council on the 13-t4 day of f�c uaA r-g , 20 id-, , and that M& -tt- t by � r X- and Marian K. Karr acknowledged the execution of the instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT commy commission E res Notary Public in and for the State of Iowa • ow 7 ao i LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 11 4'% day of (%4T) bf- r , 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared AR gy i - -002►!,L , to me personally known, who being by me duly sworn, did say that he /she is the _.Pe- `t�¢C�aden -� of MjdttkS; One- FAn L , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said I :j�?2(e. acknowledged the execution of said instrument to be the vo ntary ct and deed of said corporation, by it and by him /her voluntarily executed. SCOTTSCHROEDER Not, ry Pu 'c in and for the State of Iowa �Q'�1A( `r4` C y Commission Number 189383 my commission Expires My Commission expires: ^ -z- �� Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -468 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 2704 BROOKSIDE DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on September 29, 2006, recorded on October 10, 2006, in Book 4090, Page 795 through Page 800, in the Johnson County Recorder's Office covering the following described real estate: Lot 281 in Part Five Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 5, Page 69; Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, Hills Bank and Trust Co. has financed a mortgage to the owner of the property located at 2704 Brookwood Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Co.; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Co., Coralville, Iowa. Passed and approved this 13th day of November _,20 12 AAA- ,5-4A \ MAYOR �i . I %ice 1071 1 -A- Approved by C.- , "1 (v - City Attorney's Office 11-117r' 4d(5) Resolution No. 12 -468 Page 2 It was moved by CahmPion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x— Champion x Dickens _ x Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust, Coralville, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $2,704, and was executed by Rita L. Offutt (herein the Owner), dated September 29, 2006, recorded October 10, 2006, in Book 4090, Page 795through Page 800, Johnson County Recorder's Office, covering the following described real property: Lot 281 in Part Five Court Hill, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Plat Book 5, Page 69, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $79,700 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this /3 A day of Noven,gy— , 20 /d CITY OF IOWA CITY By Mayor Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION 9, /109, 0- Sienv /,� 20 �� On this �3 day of %�oy6nnB�e2 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 7. 44ame K 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 (&d#mAce) (Resolution) No. passed (the Resolution adopted) by the City Council, under Roll Call No. ---- of the City Council on the /314 day of ti)o\je-maFsr , 20_j_,2,__, and that Maffkowj 'T .- and Marian K. Karr acknowledged the execution of the instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT SaynaA. ra-ei ? Commission Number 159791 My Commission - ires Notary Public in and for the State of Iowa 0 LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 25 day of 0c.46t-.- , 20 17- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared /r?(Tr 01504 to me personally known, who being by me duly sworn, did say that he /she is the srlqm� of Stj baroc'na�;c� a�r^t.L .w� that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said MGL4 06&-xi acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. Notary PublisipAgrid for the State of I My Commission expires: q —/ I4y 4�R c sF ANDY HUNSBERGER _ Commission Number 752242 L" My Co)/ n // rn [ ( lyn Expires OWP W 4d(6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -469 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 710 MILLER AVENUE, IOWA CITY, IOWA. WHEREAS, on February 19, 2004, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 710 Miller Avenue, Iowa City, Iowa from a Mortgage recorded March 2, 2004, Book 3701, Page 592 through 596, of the Johnson County Recorder's Office. Passed and approved this 13th day of November , 20 12 Approved by ATTEST: CITY °L-ERK City Attorney's Office It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Dickens x Dobyns _ Hayek X Mims X Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Judith S. and Jerome W. Brown Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: Commencing at the Northeast comer.of Lot 7 of a survey of part of Lot 6, School Commissioners Subdivision, Section 16, Township 79 North, Range 6 West of the 5th P.M. shown on plat recorded in Plat Book 4, page 319, Plat Records, Recorder's Office, Johnson County, Iowa; thence North 95 feet; thence West approximately 173 feet; thence South 95 feet to the Northwest corner of Lot 5 of the above mentioned survey; thence East along the North lines of Lots 5, 6 and 7 of said survey to the point of beginning; except the West 50 feet of said tract to be used for a street; all as shown on plat recorded in Plat Book 4, page 363, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. from an obligation of the owners, Judith S. and Jerome W. Brown, to the City of Iowa City represented by a Mortgage recorded March 2, 2004, Book 3701, Page 592 through 596, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by ATTEST: CITY t-ERIK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /3 day of RIZ)V IEMAI�k_ , A.D. 20—Z!E—, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of 0 corporat_iof by authority of its City Council, as contained in Resolution No. L4 *, adopted by the City Council on the 13 day rVaU 20yL _ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. At so NDRAEFORT J^ i Commission Number 158781 Smngr, fermi rNy Commission Fires Notary Public in and for Johnson County, Iowa lowh 3/7 -X0,- .5 M13 11-13-12 4d(7) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -470 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 509 CHURCH STREET, IOWA CITY, IOWA. WHEREAS, on August 10, 2006, the owners executed a Mortgage and a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 509 Church Street, Iowa City, Iowa from a Mortgage recorded August 23, 2006, Book 4073, Page 804 through 810, and a Promissory Note, recorded August 23, 2006, Book 4073, Page 811, of the Johnson County Recorder's Office. Passed and approved this 13th day of November , 20 12 . ATTEST: e. �/ CITY CLERK Approved by a`ld` City Attorney's Office It was moved by rhamnion and seconded by nnh3,zng the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion —_ Dickens X Dobyns x Hayek -- Mims x Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Tammy R. Barton, John H. McMahon and Dana C. McMahon Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located in Johnson County, Iowa City, Iowa, and legally described as follows: The West Half of Lot 3 in Block 35, in Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. from an obligation of the owners, Tammy R. Barton, John H. McMahon and Dana C. McMahon, to the City of Iowa City represented by a Mortgage recorded August 23, 2006, Book 4073, Page 804 through 810, and a Promissory Note recorded August 23, 2006, Book 4073, Page 811, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY 1 Approve by City Attorney's Office On this /3 day of o v fcnrBF= , A.D. 20_6g f , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on by calf of the corporation by authority of its City Council, as contained in Resolution No. adopted by the City Council on the /3 " day 13o%SArrA&P- , 20 ZA and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �+dAAS �orV Notary Public in and for Johnson County, Iowa o SONDRAE FORT commission Number 159791 My3 0 7 i ao ires CITY OF IOWA CITY 4d(8) MEMORANDUM Date: November 5, 2012 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: 2011 Parking Ramp Repair Project Introduction: At the November 13, 2012 City Council meeting, consideration will be given to a resolution accepting work for the 2011 Parking Ramp Repair Project. History /background: As a part of our ongoing facility maintenance we routinely perform repairs to concrete, caulk joints, expansion joints, etc., in order to maintain the integrity of the facilities. This project allowed us to repair and seal damaged caulk joints, in three of our facilities while also completing some minor concrete repairs. Discussion of Solution: The original bid for the project was $107,000.00. Due to some damage sustained to the initial application of caulk joints that could not have been prevented by the contractor, an additional application was performed in small areas totaling $6,037.50. This brought the total project cost to $113,037.50 for a project with an original engineer's estimate of $176,000.00. Conclusion: The Transportation Services Department recommends accepting the work for the 2011 Parking Ramp Repair Project. A48 Ll j(9) Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156 RESOLUTION NO. 12 -471 RESOLUTION ACCEPTING THE WORK FOR THE 2011 PARKING RAMP REPAIRS PROJECT WHEREAS, the Transportation Services Department has recommended that the work performed by Western Waterproofing Co. Inc. of West Des Moines, IA be accepted; and WHEREAS, the final contract price is $113,037.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT said work is hereby accepted by the City of Iowa City, Iowa. Passed and approved this 13th day of November , 20 12 ; S. ATTEST: ��- CITY ttERK Approved by City Attorney's Office u /tea It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x— Champion x_ Dickens x_ Dobyns x Hayek x Mims Payne x Throgmorton q( 4d(9) Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 12 -472 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(654)-- 70 -52]. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $6,620,967.68 for construction of the above -named project; and WHEREAS, funds for this project are available in the Lower Muscatine - Kirkwood to First Avenue account #3803. 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 Metro Pavers, 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 13th day of November , 20 12 ATTEST: CITY CLERK • �. Approved by -A IAA City Attorney's Office �'efG�L��� It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Dickens X Dobyns X Hayek X Mims X Payne Throgmorton pweng \masters\awrdcon. doc 10/12 4 d �J� NOTICE TO BIDDERS STATE OF IOWA — Sealed bids will be received on October 16, 2012 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa for various items of construction and /or maintenance work. 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: 101 DBE Goal: 2.5% Work Type: PCC PAVEMENT — GRADE & REPLACE Guarantee: $375,000.00 Project: STP -U- 3715(654)- -70 -52 Route: LOWER MUSCATINE ROAD IN THE CITY OF IOWA CITY KIRKWOOD AVENUE TO FIRST AVENUE w3 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -47'3 RESOLUTION ACCEPTING THE WORK FOR THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT _-_ 4d(10) WHEREAS, the Engineering Division has recommended that the work for construction of the Highway 218 and Melrose Avenue Traffic Signalization Project, as included in a contract between the City of Iowa City and Neumiller Electric, Inc. of Iowa City, Iowa, dated February 24, 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 Traffic Signal Projects account # 3814; and WHEREAS, the final contract price is $100,787.00. 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 13th day of November , 20__IZ_. /vv;t^— cdn MAYOR Approved by ATTEST: �c� - ��ii ✓r� ». r/ii�G.•�1- CITY CLERK City Attorney's Office 16 j� It was moved by rham: inn and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: X x x X X x Pweng /masters /acptwork.doc 10/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton �I r ,a A ft®ki CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org ENGINEER'S REPORT October 25, 2012 City Clerk City of Iowa City, Iowa Re: Highway 218 and Melrose Avenue Traffic Signalization Project Dear City Clerk: I hereby certify that the Highway 218 and Melrose Avenue Traffic Signalization Project has been completed by Neumiller Electric, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City staff. The final contract price is $100,787.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 'A� 4d(11) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 RESOLUTION NO. 12 -474 RESOLUTION ACCEPTING THE BURLINGTON STREET / U.S. HIGHWAY 6 FLOOD REPAIR PROJECT [ER -3715 (642)- 8R -52, ER-3715(641)-8R- 521. WHEREAS, the Engineering Division has recommended that the work for construction of the Burlington Street / US Highway 6 Flood Repair Project, as included in a contract between the City of Iowa City and Vieth Construction Corporation of Cedar Falls, Iowa, dated August 18, 2009 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 Hwy 6 Bridge #3922, and Burlington Street Bridge account #3923, and WHEREAS, the final contract price is $49,981.91. 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 13th day of November , 2012. Mayor ATTEST: City derk ' Approved by: dO City Attorney's Office �� �� Resolution No. 12 -474 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: r:1%I *T x x x -x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton _. r M m � MU®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 November 2, 2012 City Clerk City of Iowa City, Iowa Re: BURLINGTON STREET / U.S. HIGHWAY 6 FLOOD REPAIR PROJECT [ER -3715 (642)- 8R -52, ER-3715(641)-8R-521. Dear City Clerk: I hereby certify that the construction of the Burlington Street / US Highway 6 Flood Repair Project has been completed Vieth Construction Corporation of Cedar Falls, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $49,981.91 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer M49 4d(12) Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 12 -475 RESOLUTION ACCEPTING THE WORK FOR THE J STREET & SYCAMORE VIEW WATER MAIN - SOUTHEAST JUNIOR HIGH SANITARY SEWER PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the J Street & Sycamore View Water main - Southeast Junior High Sanitary Sewer Project, as included in a contract between the City of Iowa City and Carter & Associates, Inc. of Coralville, Iowa, dated July 3, 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 1St Ave. /IAIS RR Crossings Improvements account # 3871; and WHEREAS, the final contract price is $255,079.57. 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 13th day of November _120 12 11A!�:6d 4 MAYOR Approved by ATTEST: 2� - <��C� CITY ERK I y Attorney's Office It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pweng /masters /acptwork. doc 10/12 1. r - %A16_ 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 November 2, 2012 City Clerk City of Iowa City, Iowa Re: J Street & Sycamore View Water Main — Southeast Jr. High Sanitary Sewer Dear City Clerk: I hereby certify that the construction of the J Street & Sycamore View Water Main — Southeast Jr. High Sanitary Sewer Project has been completed by Carter and Associates, Inc., Inc. of Coralville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $255,079.57. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer M-1� ad(is) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 12-476 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TWENTY -TWO, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and water main improvements for Windsor Ridge - Part Twenty -Two, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and 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 and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 13th day of November 120 12 ATTEST: /1' . CITY bL-ERK pweng\masters \acpt- improvements. doc Ajk!� f /, MAYOR Approved by �ityAttorney's Office w Resolution No. 12 -476 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton �� l i i4 ,S",,0°°��� 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 October 29, 2012 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Twenty -Two Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main improvements for Windsor Ridge - Part Twenty -Two have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, ,,R.jv­� &,t_ Ronald R. Knoche, P.E. City Engineer i CITY OF IOWA CITY 4d14 pft 0 2% MEMORANDUM %AM6,k 'i i�� —*. 11 'P. - �: - ek*i Date: November 2, 2012 To: Tom Markus, City Manager From: Wendy Ford Re: Resolution to Accept Annual Urban Renewal Area Report, FY12 The Iowa legislature passed a bill, HF 2460, to make changes in the way municipalities implement and report on the use of Tax Increment Financing. One of the main changes requires submitting an enhanced annual report and City Council approval of the report prior to its December 1 submission to the Iowa Department of Management. For each of Iowa City's eleven urban renewal areas, the following information is provided in the report: 1. Whether the urban renewal area is determined by the city to be a slum area, blighted area, economic development area or a combination of those areas, and the date such determination was made. 2. A map clearly identifying the boundaries of the urban renewal area. 3. A copy of the ordinance providing for a division of revenue in the urban renewal area under section 403.19. 4. A copy of the urban renewal plan adopted for the urban renewal area, the date of each amendment to the plan, and a copy of such amendment. 5. A list and description of all urban renewal projects within the urban renewal area that are in process and all urban renewal projects that were completed during the fiscal year. 6. A description of each expenditure during the fiscal year from the city's special fund created in section 403.19. 7. The amount of loans, advances, indebtedness, or bonds, including interest negotiated on such loans, advances, indebtedness, or bonds, which qualify for payment from the special fund created in section 403.19, and which were incurred or issued during the fiscal year. 8. The amount of loans, advances, indebtedness, or bonds that remain unpaid at the close of the fiscal year, and which qualify for payment from the special fund created in section 403.19, including interest negotiated on such loans, advances, indebtedness, or bonds. 9. The total amount of property taxes that were exempted, rebated, refunded, or reimbursed by the city, used to fund a grant provided by the city, or directly paid by the city during the fiscal year for property in the urban renewal area using moneys in the city's special fund created in section 403.19 and such amounts agreed to by the city for future fiscal years. 10. A list of all properties, including the owner of such properties, and the amount of property taxes due and payable for the fiscal year that were exempted, rebated, refunded, or reimbursed by the city, used to fund a grant provided by the city, or directly paid by the city during the fiscal year using moneys in the city's special fund created in section 403.19 and information for such amounts agreed to by the city for future fiscal years. 11. The balance of the city's special fund created in section 403.19. 12. The aggregate assessed value of the taxable property in the urban renewal area, as shown on the assessment roll used to calculate the amount of taxes under section 403.19, subsection 1, for the fiscal year. November 5, 2012 Page 2 13. The aggregate assessed value of each classification of taxable property located in the urban renewal area. 14. That portion of the assessed value of all taxable property located in the urban renewal area that was used to calculate the amount of excess taxes under section 403.19, subsection 2. 15. The amount of taxes determined under section 403.19, subsection 2, in excess of the amount required to pay the applicable loans, advances, indebtedness, and bonds, if any, and interest thereon, for the fiscal year that was paid into the funds for the respective taxing districts in the same manner as taxes on all other property. 16. Interest or earnings received by each urban renewal area during the fiscal year on amounts deposited into the special fund created in section 403.19 and the net proceeds during the fiscal year from the sale of assets purchased using amounts deposited into the special fund created in section 403.19. 17. For each taxing district for which the city divided taxes, the amount of taxes determined under section 403.19, subsection 2, that, in lieu of allocation to the taxing district, were deposited into the city's special fund during the fiscal year. 18. The amount of expenditures by the city during the fiscal year for the purpose of providing or aiding in the provision of public improvements related to housing and residential development. 19. The amount and types of assistance to low and moderate income housing provided by the city under section 403.22 during the fiscal year if applicable. 20. When required as part of an urban renewal development or redevelopment agreement that includes the use of incremental taxes collected pursuant to section 403.19, subsection 2, the total number of jobs to be created, the wages associated with those jobs, the total private capital investment, and the total cost of the public infrastructure constructed. 21. All other additional information or documentation relating to a city's urban renewal activities or use of divisions of revenue under chapter 403. The report is available for download on the City's website at www.icgov.org /urafy12report. Please let me know if you have any questions. cc: Jeff Davidson, Director, Planning & Community Development ""I Lf , CI41 Prepared by: Wendy Ford, Ec. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 12 -477 RESOLUTION APPROVING THE FISCAL YEAR ENDING 2012 ANNUAL URBAN RENEWAL AREA REPORT WHEREAS, in an effort to provide greater public access to information about urban renewal activities, including the use of tax increment financing, the Iowa Legislature enacted changes in Iowa Code Sections 331.403 and 384.22 to require, among other things, the filing of an annual report detailing the City's urban renewal activities; and WHEREAS, the City of Iowa City had eleven (11) Urban Renewal Areas in effect during the most recently ended fiscal year, and WHEREAS, City Staff has prepared an urban renewal report in compliance with state law and has placed said plan on file in the office of the City Clerk, City Hall, Iowa City, Iowa; and WHEREAS, the report must be approved by City Council before its submission to the Iowa Department of Management on or before December 1, 2012, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Fiscal Year Ending 2012 Annual Urban Renewal Area Report is hereby approved and the Economic Development coordinator is hereby directed to submit it to the Iowa Department of Management. Passed and approved this 13th day of November , 20 12 MAYOR A proved y ATTEST. L CITY LERK ity Attorney's Office Resolution No. 12 -477 Page —2— It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton M � 4d(15) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 1?-47 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH LEPICK - KROEGER REALTORS TO SELL AND LEASE PROPERTY IN AVIATION COMMERCE PARK. WHEREAS, the Airport Commission and the City Council have listed the property known as Aviation Commerce Park ( "ACP ") for sale and lease since 2003; WHEREAS, the current listing agreement with Skogman Realty has been released; WHEREAS, six of the seventeen lots have not been sold and are available for sale or lease; and WHEREAS, it is in the best interest of the City of Iowa City to enter into a listing agreement with Lepic - Kroeger Realtors with Jeff Edberg as the listing agent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest a listing agreement with Lepic - Kroeger and Jeff Edberg as the listing agent to expire on December 31, 2013. Passed and approved this 13th day of November , 2012. ATTEST: d� CIT LERK M WOVAri,10.71, • - City Attorney's Office Resolution No. 12 -478 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek Y_ Mims x Payne x Throgmorton N Prepared by: Marian K. Karr, City Clerk, 410 East Washington Street, Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 12 -479 4d(1 6) � RESOLUTION ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE WHEREAS, Chapter 372.13(5) of the Code of Iowa expressly authorizes retention of documents, or accurate reproductions; and WHEREAS, subsequent chapters of the Iowa Code expressly mention microfilming; and WHEREAS, microfilming and electronic imaging of records greatly reduces storage requirements and reproductions satisfy statutory retention requirements; and WHEREAS, Resolution No, 07 -36 established a policy for microfilming of documents in the City Clerk's office; and WHEREAS, the staff wishes to formally expand the policy for electronic imaging in the City Clerk's office and amend the existing procedure for microfilming and destruction of records and documents to include cemetery records. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1) That Resolution No. 07 -36 is hereby repealed. 2) That records and documents in the City Clerk's office be microfilmed, electronically imaged and destroyed in accordance with the schedule below: ITEM MICROFILMED/ ELECTRONICALLY IMAGED DESTROYED Ordinances End of each calendar year Destroy after random check Resolutions End of Each calendar year Destroy after random check Proof of Publications End of each calendar year Destroy after random check Meeting folders/ Info Packets Council Proceedings) Weekly Destroy after random check Cemetery Records As needed Destro after random check Passed and approved this 13th day of November, 2012. ATTEST: e CITftLERK S: CIVResmicrofilm.doc Resolution No. 12 -479 Page 2 It was moved by Champion and seconded by Dobyns 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 (\4 � ad(I 7) Prepared by: Eleanor Dilkes, City Attorney, 410 Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -480 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. TO PROVIDE LOBBYING SERVICES. WHEREAS, the City Council believes it is in the best interests of the City of Iowa City to retain the services of a lobbyist to represent the interests of the City; WHEREAS, the City Manager recommends that the City enter into a contract for lobbying services with Davis, Brown, Koehn, Shors & Roberts, P.C.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Mayor and the City Clerk are hereby authorized and directed to execute an Agreement for Professional Services. 2. Funds for this contract are available in the City Manager's Office (412100) account #432060 Passed and approved this 13th day of November , 2012. MAYOR Approved by ATTEST: CITYCLERK ity Attorney's Office Resolution No. 12 -480 Page 2 It was moved by Champion and seconded by DobynG 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 Nt�� 11 -13 -12 4e 2 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -481 RESOLUTION SETTING PUBLIC HEARING FOR NOVEMBER 27, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 654 SOUTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 654 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 654 South Lucas Street for the principal sum of $155,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 654 South Lucas Street, Iowa City, Iowa, also known as part of the North 55 feet of Lot 8, Block 1, Strohm's Addition, for the sum of $155,000, plus the "carrying costs ". Resolution No. 12 -481 Page 2 2. A public hearing on said proposal should be and is hereby set for November 27, 2012, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City 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. It was moved by r%,ml ; ,T, and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek % Mims x Payne x Throgmorton Passed and approved this 13th day of November , 2012. ATTEST: �.us¢�u�t/ CLERK Approved by City Attorney's Office C I T Y OF IOWA CITY 4e(3) ,lot a �-M " �'X T4 MEMORANDUM DATE: November 7, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Public Works Complex — Fuel Facility November 13th, November 27th and December 18th Introduction: This project will construct a new fleet fuel facility at the Public Works Complex on South Gilbert Street. This project was previously bid on September 27, 2012 and the contract was not awarded because the lowest bid exceeded the project budget. The project has been redesigned to reduce scope and cost and is included in the capital program. History /Background: The Public Works Facilities are currently located on two separate sites — the Riverside Drive Facility and the South Gilbert Facility. Besides its own fleet, the City currently provides fuel services to the Iowa City Community School District, Johnson County, Johnson County Sherriff and University Heights. The existing fuel facility, located at Riverside Drive, is undersized and has reached the end of its service life. There is currently one diesel storage tank and one gasohol tank that are filled every 4 days with no storage capacity for reserves or alternative fuels. Iowa City school buses refuel daily, can impact emergency and public works fueling abilities and back up site traffic for up to 2 hours. In 2008, flood waters almost reached the fuel island and access to the Riverside Drive site was impacted. Discussion of Solution: Based on the condition and capacity of our current facilities and practices, it has been determined that this improvement is a priority in the overall plan to migrate all operations from the Riverside Drive site to the South Gilbert site. The project will be designed to meet current and future fuel demands. Infrastructure improvements to utilities and services, entrances, access roads, etc. will be sized and located to accommodate and provide for the long term Public Works Facility Master Plan. Financial Impact: The estimated construction cost of the base bid is $665,545 for the building, equipment and related site work. Funding for this project is available from General Obligations Bonds and Road Use taxes. The project will be competitively bid with design alternates for a third fueling island (2 pumps with 2 nozzles each) and for an overhead canopy with lighting. Recommendation: Staff recommends proceeding with the project at the next City Council meetings. November 13th - Set Public Hearing November 27th - Hold Public Hearing December 18th - Award Project M�l L%e (3) Prepared by: Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5413 RESOLUTION NO. 12 -482 RESOLUTION SETTING A PUBLIC HEARING ON NOVEMBER 27, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY 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 Public Works Facility Site Work account # 3956 and the Public Works Fuel Facility account # 3958. . 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 27`h day of November, 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 13th day of November -120 12 Approved by ATTEST: CITY ItEERK City Attorney's Office Resolution No. 12 -482 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ z Champion x Dickens x Dobyns x Hayek x Mims x Payne X Throgmorton W) 6 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5240 RESOLUTION NO. 12 -4s,3 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND -USE MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AREA BOUNDED BY CAMP CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SUBDIVISION ALONG RYAN COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE WEST, SUBJECT TO THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY - SENSITIVE AREAS AND LIMITED STREET ACCESS MAY RESULT IN DEVELOPMENT AT A LOWER DENSITY (CPA12- 00003). WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the city, provides notification to the public regarding intended uses of land and illustrates the long range growth area limit for the city; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the Comprehensive Plan states that office and research park uses are the appropriate land use for this portion of the Northwest Planning District, but also states that the feasibility of office research park development has become somewhat speculative due to the emergence of Oakdale Research Park; and WHEREAS, the office research park future land -use designation has been in place for this area since the adoption of the 1989 Comprehensive Plan update, when the proximity to Highway 218 and the scenic topography were considered appropriate conditions for development of a campus -like office park; and WHERAS, the 1989 Plan recognized that the lack of essential infrastructure and City services, including arterial street access and sanitary sewer, development of this area would not occur in the near term; and WHERAS, the 2002 Memorandum of Understanding between the City of Coralville and Southgate Development contained in the Clear Creek Master Plan led to construction of Camp Cardinal Boulevard, which provided the subject property with frontage along an arterial street; and WHEREAS, even with frontage along an arterial street, the steep topography along the western boundary of the property means achieving direct access to Camp Cardinal Boulevard difficult, which makes the viability of an office park development less likely; and WHEREAS, specific street alignments had not been determined in 1989 and the topographic challenges to access were not known at the time Comprehensive Plan policies were written for this area; and WHEREAS, alternative access is available from Camp Cardinal Road, although Camp Cardinal Road is a narrow, unimproved rural road without curb, gutter or sidewalks; and WHEREAS, given the difficulty in achieving access, residential development would be more appropriate than retaining the office research park designation; and WHEREAS, exposure to Highway 218 and the rugged topography, a conventional single - family residential subdivision would not be the best option for development of this land; and WHERAS, a planned development that includes multi - family buildings clustered in a manner that is sensitive to the environmental features and topography of the site and is designed with a buffer from the highway would be appropriate for this property; and WHEREAS, amending the future land -use map for this area to low- density multi - family residential (8 -16 units per acre), with a caveat in the text of the Comprehensive Plan that achievable density on this property may be lower due to environmentally - sensitive areas and lack of secondary access, would accommodate such a planned development; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land -use designation for a 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west, be changed from office research park to low- density multi - family residential (8 -16 dwelling units per acre), with a caveat in the text of the Comprehensive Plan that achievable density on this property may be lower due to environmentally - sensitive areas and lack of secondary access. Resolution No. 1 7_bRi Page 2 Passed and approved this 13th day of November , 2012. i ,.� �� of Approved by: ATTEST: � CITY LERK City Attorney's Office 1/7//-2— S: \PCD \Staff Repo rts\2012\REZ12 -00011 and CPA 12 -00003 Camp Cardinal Blvd \CPA12 -00003 Camp Cardinal Blvd Resolution FINAL.doc Resolution No. 12 -4 Page 3 It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 65 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319- 35i�,. 240 RESOLUTION NO. ©n n A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE FU � LAND- . MAP DESIGNATION FROM OFFICE RESEARCH PARK TO LOW -D SITY�*L7I*AMI RESIDENTIAL (8 -16 DWELLING UNITS PER ACRE) FOR A 27 -ACRE AR BOU B6CA 1; CARDINAL ROAD TO THE EAST, THE CARDINAL POINTE SOUTH SU DIVISIO �. N RY AV COURT TO THE NORTH, AND CAMP CARDINAL BOULEVARD TO THE EST, S - Tqb THE TEXT OF THE PLAN NOTING THAT ENVIRONMENTALLY- SENSIT E AREAS;AND LMITED STREET ACCESS MAY SULT IN DEVELOPMENT AT A LOWER DE ITY (CPA12- 00003). WHEREAS, the Iowa City omprehensive Plan serves as a land -u planning guide by illustrating and describing the location and con uration of appropriate land uses throu out the city, provides notification to the public regarding intended uses f land; and illustrates the long rang growth area limit for the city; and WHEREAS, if circumstances c nge and /or additional informati or factors come to light, a change to the Comprehensive Plan may be in th public interest; and WHEREAS, the Comprehensive P n states that office and r earch park uses are the appropriate land use for this portion of the Northwest PI Wing District, but also tates that the feasibility of office research park development has become somewhat eculative due to th emergence of Oakdale Research Park; and WHEREAS, the office research park fut a land -use desi ation has been in place for this area since the adoption of the 1989 Comprehensive Plan date, whe the proximity to Highway 218 and the scenic topography were considered appropriate conditi s for dev, lopment of a campus -like office park; and WHERAS, the 1989 Plan recognized that the ack o essential infrastructure and City services, including arterial street access and sanitary sewer, developm nt this area would not occur in the near term; and WHERAS, the 2002 Memorandum of Unders ding between the City of Coralville and Southgate Development contained in the Clear Creek Master n led to construction of Camp Cardinal Boulevard, which provided the subject property with frontage a ng arterial street; and WHEREAS, even with frontage along an rterial treet, the steep topography along the western boundary of the property means achieving dire access t Camp Cardinal Boulevard difficult, which makes the viability of an office park development less ely; and WHEREAS, specific street alignments h not been deter ined in 1989 and the topographic challenges to access were not known at the time Corn ehensive Plan polic s were written for this area; and WHEREAS, alternative access is ava' ble from Camp Cardi al Road, although Camp Cardinal Road is a narrow, unimproved rural road without rb, gutter or sidewalks; a d WHEREAS, given the difficulty in a hieving access, residential velopment would be more appropriate than retaining the office research park esignation; and WHEREAS, exposure to High ay 218 and the rugged topog phy, a conventional single - family residential subdivision would not be a best option for development of thi land; and WHERAS, a planned develo ent that includes multi - family buildin s clustered in a manner that is sensitive to the environmental fe tures and topography of the site and is esigned with a buffer from the highway would be appropriate fo this property; and WHEREAS, amending th future land -use map for this area to low -densi multi - family residential (8 -16 units per acre), with a caveat' the text of the Comprehensive Plan that achiev le density on this property may be lower due to enviro mentally- sensitive areas and lack of secondary ac ss, would accommodate such a planned developme ; and WHEREAS, the Plan ing and Zoning Commission has reviewed this amendme t and determined that circumstances have cha ged to the extent that an amendment to the comprehensive p n is warranted. NOW, THEREFORE E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I A CITY, IOWA, THAT: The land -use esignation for a 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the�west, from office research park to low- density multi - family residential (8 -16 dwelling units per acre), with a caveat in the text of the Comprehensive Plan that achievable density on this property may be lower due to environmentally - sensitive areas and lack of secondary access. City of Iowa City MEMORANDUM Date: September 20, 2012 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: Camp Cardinal Boulevard Comprehensive Plan Amendment and Rezoning (CPA12- 00003 /REZ12- 00011) Background: Southgate Development has proposed amending the Comprehensive Plan future land -use map designation for a roughly 27 -acre area bounded by Camp Cardinal Road to the east, the Cardinal Pointe South subdivision along Ryan Court to the north, and Camp Cardinal Boulevard to the west. The future land -use map currently shows the area as appropriate for office research park uses. The applicant has proposed the designation be changed to residential and has requested that it be rezoned to Low Density Multi- family (RM -12). Comprehensive Plan: According to the Comprehensive Plan office and research park uses are the appropriate land uses for this portion of the Northwest Planning District. However, the plan also states that the feasibility of office research park development has become somewhat speculative due to emergence of Oakdale Research Park. There is also potential competition from the proposed development of the Moss Office Park in the North Corridor Planning District near the Interstate 80/ Highway 1 interchange. In addition, difficulty in accessing the property has contributed to Staffs conclusion that the office research park designation may no longer be appropriate for this property. The office research park future land use designation has been in place for this area since the adoption of the 1989 Comprehensive Plan Update. The proximity to the Highway 218 and the scenic topography were considered appropriate conditions for development of a campus -like office park. The 1989 plan recognized that due to the lack of essential infrastructure and city services, including arterial street access and sanitary sewer, development of this area would not occur in the near term. In 2002 the City entered into a Memorandum of Understanding with the City of Coralville and Southgate Development for the Clear Creek Master Plan. This agreement provided for the construction of Camp Cardinal Boulevard, an arterial street, and included a concept plan that identified the subject property as appropriate for office park /research -type uses. With the completion of Camp Cardinal Boulevard, the subject property now has frontage along an arterial street. However, the steep topography along the western boundary of the property may make it difficult to achieve direct access to Camp September 14, 2012 Page 2 Cardinal Boulevard. This access issue makes viability of office park development less likely. Because specific street alignments had not been determined in 1989, the topographic challenges for access were not know at the time the comprehensive plan policies were written for this area. Alternative access is available from Camp Cardinal Road, which is located east of and runs generally parallel to Camp Cardinal Boulevard. However Camp Cardinal Road is a narrow, unimproved rural road without curb and gutter and sidewalks. Given the difficulty of achieving access to Camp Cardinal Boulevard, staff agrees that some form of residential development would be more appropriate than retaining the office research park designation shown on the Comprehensive Land Use Map and discussed in the Clear Creek Master Plan. Considering exposure to Highway 218 and the rugged topography, a conventional single - family residential subdivision may not be the best option for development of this land. A planned development that includes multi- family buildings clustered in a manner that is sensitive to the environmental features and topography of the site and that is designed with a buffer from the highway would be appropriate for this property. Staff supports amending the future land -use map for this area to residential at a density of 8 -16 units per acre or generally low- density multi- family, with a caveat in the text of the Comprehensive Plan that due to environmentally - sensitive areas and lack of secondary access, the achievable density on this property may be lower. Zoning: Staff believes that some type of residential zoning should eventually be applied to the property. However, development of any residential use would require infrastructure improvements. Reconstruction of Camp Cardinal Road to City standards will be necessary unless it can be shown that access can be achieved via Camp Cardinal Boulevard. Because it will serve only four adjacent properties, there is not a compelling reason for the City to re- construct Camp Cardinal Road to City standards. Staff has initiated discussions among the owners of property adjacent to Camp Cardinal Road with the goal of identifying a means of apportioning the costs of building the street in a manner that is equitable for property owners who will have access to it. Sanitary sewer service is available for the northern portion of the subject property via a line located within the Cardinal Pointe South subdivision. In order to sewer the southern third of the property a line would likely need to be extended from the Walnut Ridge subdivision across the property owned by St. Andrew Presbyterian Church. Until there is a plan for providing sanitary sewer service and street access, the Interim Development (ID) zone, is the appropriate designation for this property. Staff Recommendation: Staff recommends that CPA12- 00003, an amendment to the Comprehensive Plan Land Use Map to change the land use designation of property located between Camp Cardinal Road and Camp Cardinal Boulevard from Office Research Development Center to Residential 8 -16 Dwelling Units per Acre, be approved subject to the text of the plan noting that environmentally sensitive areas and limited street access may result in development at a lower density. September 14, 2012 Page 3 Staff recommends that REZ12- 00011, a request to rezone 27.68 acres of land located between Camp Cardinal Road and Camp Cardinal Boulevard from Interim Development Office Research Park (ID -ORP) zone to a Low - Density Multi - Family Residential (RM -12) zone, be deferred until there is a plan to provide street access and sanitary sewer service. Attachment: Location Map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development CZ CL r t / O T r O N Vl MOOV3W AD W N g f1r W ce Cal ` a I< c3 V ` 0 4 V �+ Ml8 lVNI0MVO dWVD CL cc o cr. U CL i � Z SilNI-I 3iVKd2JOO �dlO dMOI 30 AllO 0 V O t N l W � i a U) DELL A. RICHARD Richard & Shaw, PLLC 845 Quarry Road, Suite 130 Coralville, Iowa 52241 Telephone: (319) 354 -9592 Fax No: (319) 3547957 http: / /www.dellarichard.com dell @darichardlaw.com MEMORANDUM TO: Iowa City Planning and Zoning RE: Staff Report on Traffic Estimates - CPA 12- 0003/REZ12 -00011 DATE: October 4, 2012 I represent St. Andrew Presbyterian Church, property owner to the east of the subject property. My client wishes to supplement the Staff Report with two additional tables that reflect an alternate scenario to the one suggested by the Report. No decision has been made by my client regarding the proposed density for its property on the east side of Camp Cardinal Road. However, if RM -12 is to be approved for the west side of Camp Cardinal Road, a slightly higher density than RS -5 for the east side properties should be considered. Table 3 assumes all of the staff's numbers, but increases the density for the three east side properties from 3 du /ac to 5 du/ac (the Armstrong/Ahrens 6.5 acre parcels were not considered in the staff report). Table 4 incorporates and summarizes Table 3, but shows a larger building, because, for purposes of projecting future traffic counts, the church needs to consider the possibility it may be expanded and constructed in phases over the next 20 -40 years. Table 3: Traffic generation assuming 15 du /ac for Clear Creek LLC and 5 du /ac for St Andrew, Nepola/Heck and Armstrong/Ahrens properties Weekday Weekday Property Owner Acres du /ac Sq Feet trip rate trips St. Andrew Church 10 N/A 55,000 4.35 239 Table 4: Traffic generation assuming 15 du/ac for Clear Creek LLC and 5 du /ac for St Andrew, Nepola/Heck and Armstrong/Ahrens properties and larger church Weekday Weekday Property Owner Acres du /ac Sq Feet trip rate trips St. Andrew Church 10 N/A 110,000 4.35 479 All Residential Uses 78.9 4017 Totals 4496 Dwelling Weekday Weekday Acres du /ac Units trip rate trips St. Andrew Residential 22.8 5 114 9.57 1091 Nepola/Heck Residential 27.0 5 135 9.57 1292 Armstrong/Ahrens Res 5.0 5 25 9.57 240 Clear Creek, LLC Res 14.1 15 212 6.59 1394 Totals 78.9 4256 Table 4: Traffic generation assuming 15 du/ac for Clear Creek LLC and 5 du /ac for St Andrew, Nepola/Heck and Armstrong/Ahrens properties and larger church Weekday Weekday Property Owner Acres du /ac Sq Feet trip rate trips St. Andrew Church 10 N/A 110,000 4.35 479 All Residential Uses 78.9 4017 Totals 4496 a Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5240 RESOLUTION NO. 1 q —&AL, A RESOLUTION AMENDING THE CENTRAL DISTRICT PLAN MAP TO CHANGE THE LAND -USE DESIGNATION FROM LOW- TO MEDIUM - DENSITY MULTI - FAMILY TO SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). WHEREAS, the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the city, provides notification to the public regarding intended uses of land; and illustrates the long -range growth area limit for the city; and WHEREAS, if circumstances change and /or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and WHEREAS, the current land use designations shown on the Central District Plan Map, a component of the Comprehensive Plan, reflect outdated policies from the 1960s that encouraged redevelopment of older neighborhoods at higher densities; and WHEREAS, City policies, including the Comprehensive and Strategic Plan, have changed considerably in the last 50 years, and now contain policies promoting neighborhood stabilization rather than high - density redevelopment, which has proven to have a destabilizing effect on single - family residential neighborhoods; and WHEREAS, one of the goals of the Central District Plan is to work to achieve a healthier balance of rental and owner - occupied housing in the district's older neighborhoods to promote long -term investment, affordable housing opportunities, and preservation of historic homes and neighborhoods; and WHEREAS, an amendment to the Central District Plan Map to reflect the current Central District Plan policies and stated City Council goals by changing the plan map designation to single - family and duplex residential at a density of 2 -13 dwelling units per acre for the below- described land would ensure compatibility of future redevelopment with the surrounding neighborhoods and promote neighborhood stabilization; and WHEREAS, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan map is warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Central District Plan Map designation for property located at 905, 909 and 911 North Governor Street and the parcel between 906 and 910 North Dodge Street be changed to Single- family and Duplex Residential. Passed and approved this 13th day of November , 2012. MAYOR: Approved by: ATTEST: Z C/ 7V. 4J CITftLERK At "'L City Attorney's Office/ /7�� Resolution No. 12 -484 Page 9 It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion -X— Dickens x Dobyns x Hayek Mims X Payne x Throgmorton Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington St, Iowa City, IA; 319 - 356 -5240 RESOLUTION NO. A RESOLUTION AMENDING THE CENTRAL DISTRICT PLAN TO ANGE THE LAND -USE DESIGNATION FROM LOW- TO MEDIUM - DENSITY MULTI- FAMILY T SINGLE - FAMILY AND DUPLEX RESIDENTIAL FOR PROPERTIES LOCATED AT 905, 909 AND 911 NORTH GOVERNOR STREET AND A PROPERTY BETWEEN 906 NORTH DODGE STREET AND 910 NORTH DODGE STREET (CPA12- 00004). WHEREAS, the owa City Comprehensive Plan serves as a land -use p nning guide by illustrating and describing the locatio and configuration of appropriate land uses througho the city, provides notification to the public regarding inte ded uses of land; and illustrates the long -range gr h area limit for the city; and WHEREAS, if circu tances change and /or additional information or actors come to light, a change to the Comprehensive Plan m be in the public interest; and WHEREAS, City Counci equested a review of the Comprehensiv Plan future land -use map scenario for the subject area based on ' izen concerns that further multi - family evelopment in this location would be counter to the Comprehensive P nand Strategic Plan goals of suppo ng neighborhood stabilization; and WHEREAS, the Central Distri t Plan Map Low- to Medium -den ity Multi- family designation was put in place in recognition of the existing m Iti- family buildings at 902 and 9 6 North Dodge Street; and WHEREAS, the multi - family buil gs at 902 and 906 North dge Street were developed under R3B zoning, ahigh- density multi - family zonin designation put in place a result of a court order; and WHEREAS, the Central District Plan cognizes that the cu ent office development and zoning at 911 North Governor Street is inappropriate a depicts the grope at 911 North Governor and the existing single - family properties at 905 and 909 No Governor St as being appropriate for Low- to Medium - Density Multi- family development; and WHEREAS, the Comprehensive Plan polic s in place uring the 1960s that led to the R313 zoning on Dodge Street and the designation of adjacent are for mu - family development encouraged redevelopment of older neighborhoods at higher densities; and WHEREAS, City policies, including the Compre n ve and Strategic Plan, have changed considerably in the last 40 years, with the current Comprehensi Plan containing policies promoting neighborhood stabilization rather than redevelopment; and WHEREAS, the amendment to the Central Di rict Ian indicates development of single - family and duplex residential at a density of 2 -13 dwelling nits er acre, would ensure compatibility of future development with surrounding areas and consisten with th oals of the Comprehensive Plan including the Central District Plan promoting neighborhood stabil' ation; and WHEREAS, the Planning and Zoning Com sion has re wed this amendment and determined that circumstances have changed to the extent that a amendment to a comprehensive plan is warranted. NOW, THEREFORE, BE IT RESOLVED Ja910 HE CITY COUNCIL THAT: The Central District Plan Map desig for property located a Street and a property between 906 North Dodge Street Density Multi- family to Single- family a plex Residential. Passed and approved this MAYOR: Approved by: ATTEST: THE CITY OF IOWA CITY, IOWA, 5, 909 and 911 North Governor changed from Low- to Medium- of 201' ---I C- �w CITY CLERK City Attorney's Office P1.3 cz), 0 C-> -4 N l'V 11 177 0 (1�11 City of Iowa City MEMORANDUM Date: September 20, 2012 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: Comprehensive Plan Amendment — 905- 911 N. Governor St. and adjacent property on Dodge St. (CPA12- 00004) BACKGROUND: City Council directed staff to review the Comprehensive Plan future land -use map scenario for 911 N. Governor Street and surrounding properties. Staff proposes amending the Central District Plan future land -use map to show 905, 909 and 911 N. Governor Street, along with a vacant parcel located between 906 N. Dodge Street and 910 N. Dodge Street, as single - family and duplex residential (2 -13 dwelling units per acre). The future land -use map currently shows this area as low- to medium - density multi - family residential (8 -24 dwelling units per acre). The Council's request for this review was generated by REZ11 -00016 a request to rezone 911 N. Governor Street from Commercial Office (CO -1) to Low Density Multi- family Residential (RM -12). The Council denied that rezoning request based on citizen concerns that further multi - family development in this location would be counter to the Comprehensive Plan and Strategic Plan goals of supporting neighborhood stabilization. At the City Council hearing, members of the community expressed concerns about additional traffic generated by the proposal, on- street parking and the presence of an excessive number of rental properties in the neighborhood. CURRENT COMPREHENSIVE PLAN: The Central District Plan future land -use map shows 911 N. Governor and the area adjacent to the south and west, as appropriate for low- to medium - density multi - family (8 to 24 dwelling units per acre) housing. This designation was put into place in recognition of the existing multi - family buildings located at 902 and 906 N. Dodge Street. Those properties were developed under the R313 zoning designation that is in place as a result of a court order. The City's Zoning Code no longer contains regulations for the R313 zone. It was a high density multi- family zoning designation that allowed approximately 58 dwelling units per acre. The properties are currently developed at approximately 20 units per acre. Therefore the Comprehensive Plan designates these properties at 8 -24 units per acre (low to medium density multi - family). Recognizing that the current office development and zoning of 911 N. Governor is inappropriate, the Central District Plan depicts that property and the existing single - family properties at 905 and 909 N. Governor as also being appropriate for low to medium density multi - family. The Comprehensive Plan polices that were in place during the 1960's that led to the R313 zoning on Dodge Street have had a lasting effect on the surrounding September 14, 2012 Page 2 neighborhood. Those policies encouraged the demolition and redevelopment of older neighborhoods at higher densities. The City's policies including the Comprehensive Plan and Strategic Plan have changed considerably in the last 40 years. The current Comprehensive Plan and Historic Preservation Plan contain policies promoting neighborhood stabilization, rather than redevelopment. The historic preservation movement began in the 1970s and resulted in City efforts to rezone areas once slated for redevelopment to lower densities in order to encourage reinvestment and revitalization of existing building stock and neighborhoods. The City has supported these efforts with the UniverCity Neighborhood Partnership Program to encourage a healthy mix of owner occupied and rental housing. PROPOSED COMPREHENSIVE PLAN: The recommended amendment to the Central District Plan, showing single - family and duplex residential, would indicate a development density of 2 -13 dwelling units per acre. Such an amendment would ensure the compatibility of future development with surrounding areas and consistency with the goals of the Comprehensive Plan, and would create a transition between the existing adjacent higher- density multi - family uses and surrounding lower- density residential uses. High Density Single Family Residential (RS -12) zoning would be an appropriate classification to implement this plan. The RS -12 zoning allows small single family lots, duplexes and townhouses. SUMMARY: Since the Comprehensive Plan and the zoning practices of the 1960's and the 1970s, the City's view of what would constitute the most appropriate land use for the area has fundamentally evolved. Evidence of the evolution of the City's approach to land use for the area can be found in current policies promoting the stabilization of older neighborhoods set forth in the current Comprehensive Plan, Central District Plan and Historic Preservation Plan. Amending the land use map to depict these areas as appropriate for single family and duplex residential would be consistent with these plans and the City Council's Strategic Plan. STAFF RECOMMENDATION: Staff recommends amending to the Central District Plan future land -use map to show 905, 909 and 911 N. Governor Street, along with the parcel located between 906 N. Dodge Street and 910 N. Dodge Street, as single - family and duplex residential. ATTACHMENT: Location Map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development pan bm IH 3iViS LO U) cc O O O : �A 13A�4. 3 (Ql E K 4d3AOD c A S R E c 4m CL c E E is 30doe'' 0 is 30doe'' 0 lo An a IS LU El From: mark shields <mark.d.shields @gmail.com> Sent: Thursday, September 20, 2012 10:01 AM To: Bob Miklo Cc: northsideneighborhoodIC @ gmail.com Subject: 911 North Governor Commission Members, We are in favor of the Planning and Zoning Commission amending the City's Central District plan of removing the commercial office designation at 911 North Governor and making the area single - family and duplex residential; but there is a very significant concern for our families and connected neighborhoods for this amendment, and that is the designation. While this meeting may not specifically decide the designation, it does lay the foundation for that decision. If this meeting decides the designation, we strongly urge the Commission to vote for RS- 8(Medium Density Single Family). Our hopes are that The City continue their focus of neighborhood - strengthening measures, and insist that developers and interested parties not only submit to the City the proper paperwork but also thoughtful, well - planned, neighborhood - enhancing development plans that maintain the current zoning of the surrounding properties. Another suggested and appreciated action by any interested developer is sincere outreach to the affected community, which includes homeowners and those who rent(ourselves included) alike. We have shown to be actively open to ideas, discourse, and planning when it comes to where we live. Thank You, Mark Shields Ashley Shields 913 Dewey Street September 20, 2012 Planning & Zoning Commission City of Iowa City 410 E Washington Street Iowa City IA 52240 RE: CA12- 00004 Dear Commission Members: Tracy S. Barkalow Broker Associate - Realtor Ambrose & Associates Realtors- 250 12th Avenue Ste. 150 Coralville IA 52241 Bus Direct. 319.354.8644 Fax. 319.354.0921 I am writing today to address the letter I received from Janet Dvorsky dated September 12, 2012. I am the owner of TSB Holding LLC that owns the property located at 902 -906 North Dodge Street Iowa City Iowa and the adjacent undeveloped bare land at this same location. I also have an interest in the adjacent property located at 911 N Governor Street Iowa City IA. To say it best and to quote Sarah Hektoen in the City of Iowa City Attorney's Office, "these proper ties have a complicated zoning history." With that said, while the properties did have a complicated history, it has been clearly sorted out per the Iowa Supreme Court ruling in Kempf vs. City of Iowa City 1987. The Iowa Supreme Court ruling on that property shall dictate the development of these properties before us to- day. It is my understanding that a court ordered ruling is law, and as per the stated case, the issues before us have been resolved via that court ruling. However, we are discussing them again today. I would like to take a few minutes to clarify a few issues from the court ordered ruling and to point out a few facts from the order that relate to the development of this property. In the ruling, the judge ordered, so as to avoid future issues on the property and to un- complicate a complicated situation, the following: First, all 4 acres that include 902 -906 North Dodge Street and the bare land in question, along with the building located at 911 N. Governor Street were addressed as one in this ruling. At that time, the proper - ties were owned by one group of investors. Second, the ruling was binding between the Cityof Iowa City and the owner or owners at that time and their successors and assigns, and further ordered the owners, successors or assigns shall be permitted to develop those properties with multiple dwellings (apartments) in accordance with the provisions applicable to the i1313 zoning in effect on May 30, 1978, prior to the rezoning of the said real estate which was finalized on June 28, 1978. My property to this date still maintains 11313 zoning or the rights to develop under that zoning per this court ordered ruling. Also as a part of the order the City's Large Scale Residential Development Ordinance shall not apply to the development of those properties. The order even goes further to order that the City is and shall be en- joined from interfering with the development of those properties herein. provided. So, regarding a complicated zoning history, I think the ruling by the courts cleared up any complications. It is clear from the judge's court ordered ruling how the property shall be used and that the City of Iowa City shall be enjoined from interfering with the development of those properties herein provided. As a matter of law, this court order as I see, should in itself be enough for this commission to take great pause to enjoin the City of Iowa City from interfering with the development of those properties. We have had a couple of meetings, letters and emails with the City of Iowa City staff in an attempt to ad- dress any unforeseen issues and to start the plan to develop the properties in question. I truly want to see a great looking project that the City of Iowa City and the residents in the area can live with. I, along with my wife and two daughters, do not live far from this property. As the property owner I take a great deal of pride in maintaining a top notch property. On that note however, I need to take a minute and explain the big picture if this proceeds. I would like to address the real issue I see before TSB Holdings LLC if you proceed with the City's plan. Please keep in mind that proposed changes before us today and the future downzoning planned by the City to the area would have a majorly negative financial loss to TSB Holdings LLC and would trigger significant financial losses in the millions of dollars to our company. Those losses would have to be addressed at a future date if this proceeds forward. Please note that TSB Holdings LLC would have no choice but to fully hold the City of Iowa City responsible for any and all of those fi- nancial losses. To get a better idea of what is at stake for the TSB Holdings LLC at this time I will try to explain. TSB Holdings LLC can develop 248 apartment units total at this location per the current zoning and the court or- der in place now. That means TSB Holdings LLC could add 207 more apartments then the current location has now. Please look at this openly. If the City of Iowa City proceeds and changes as proposed by the Comprehensive Plan and then downzones this property to the new zoning proposed, the number of units that can be built would be significantly reduced to a total of 26 or less apartments at this location using all 4 acres. Per our last appraisal, each unit has a value of $25,000, so TSB Holdings LLC would have a dollar loss based on the 181 units lost in the amount of approximately $4,525,000 plus ongoing rental income losses. That is a serious issue. At this time and in an effort to avoid future legal issues, and as the majority property owner in this soon to be negatively affected area I would ask your commission to you defer the change in the Comprehensive Plan Amendment, the change to the Central District Plan Map, and any future downzoning of the area. I think that it would be a better use of time if the City of Iowa City, along with myself and other adjacent property owners work through the proposal we are preparing to submit that will enhance this area. TSB Holdings LLC is in process of preparing a development site plan to submit to the City of Iowa City that will meet all R3B reg- ulations as allowed currently. So I feel at this time we are premature to make major changes to the area. I again would ask your commis- sion to defer this matter and let the development process proceed as it was intended too. Respectfully, Tracy Barkalow Property Owner HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. Box 2820 Iowa City, IA 52244 -2820 (319) 354 -0331 (319) 3540559 September 19, 2012 Planning & Zoning Commission City of Iowa City 410 E. Washington St. Iowa City, IA 52240 RE: CA12 -00004 Dear Commission Members: C. Joseph Holland iholland@icialaw.com Lars G. Anderson landerson@icialaw.com FOR YOUR INFORMATION Our Firm represents Three Guys Holdings, the owner of property at 911 N. Governor Street. They also have an interest in property at 902 -906 N. Dodge Street. We are aware that a proposed amendment to the Comprehensive Plan is coming before the Commission on Thursday September 20. These properties have a unique status in Iowa City, the bulk of the property being zoned R3B because of a court decision in the 1980s. The R3B zone allows for many uses from multi- family residential to hotels, to office buildings. Just for information I have included with this letter an excerpt from the pre -1983 zoning ordinance setting out the uses allowed in R3B zones. There are, of course, various development standards which apply, but those are significantly more liberal than in the current zoning ordinance. We recognize concerns raised by neighbors and by City officials and staff. However, we believe that the proposed Amendment and Rezoning are an overreaction. My client and the owner of 902 -906 N. Dodge wish to work with the City staff to reach some agreements regarding use and development or redevelopment of the properties. In fact, we have met with representatives of the City attorney's office and the Planning Department to discuss an agreed resolution, perhaps even a CZA. It is no secret that the proposed amendment to the Comprehensive Plan is a predicate step to downzoning the property. If the property is downzoned it will result in a substantial decrease in the value of the property, and likely a claim for damages against the City. That is not what we want to see happen. We want to work through a resolution which allows development to sustain the value of the property, while at the same accommodating the interests of the City and citizens. What we are asking at this time is that the proposed Amendment to the Comprehensive Plan be deferred while we have continued discussions with City staff. This is not a matter of such urgency that it requires immediate action on either the proposed amendment to the Comprehensive Plan, nor rezoning. In fact, taking the time to have meaningful discussions with the property owner and exchanges of information with City staff are likely to produce a better outcome, certainly better than continued disputes. We respectfully request that you indefinitely defer consideration of the amendment to the Comprehensive Plan, and any rezoning applications until such time as we have exhausted efforts to craft an agreement with the City staff which would come to you for consideration. Very truly yours, C. Joseph Holland CJH:ses Enc. cc: Matt Hayek, Mayor Tom Marcus, City Manager Sara Hektoen, Assistant City Attorney Bob Miklo d U c� 0o C c= c o o o c tL C: CD CU to 00 3 rn S C ° y. d w 0 3 W (L) CU to G �^ y u u 0. ri M 00 t 00 00 C. O C 7 O 3. v1 00 00 00 n C C G B E d O u a C C C y •_ GD CO _a C O O cu 1r fl y cu tl1 . c 3 •� c E a� d N O N m O m E v 'O C G 'fl x .� O O ,> ••- LO E. c C p O L �_ i' ° L_ 7 O 06 N m _p N O tr w O d y O C ° .0 cu L- O y OD Z Z 3 d O m a C_0 X N to �. cu m= m m 3 `' E c d m N � O E .. L .� .� !r y p V d O UI "D > .- u 7 w > C E-a d N 7 k d —ca zi L- E C v CO CZ D p y y C `' ti tfJ p y - 3 C u cu CO N p c o . .o [. L 6 Z O a O d C en N C N j ` 'O T co u O C 7 y d U C O OO y- V to Er O /.4 Ln v .� L> to 'fl p ..O N O O O Z 'E a� 0) a d .� L OU O C ` o O' =:t y '� E O L. 3 >_ cv y c t o c L E ra L. Qi G nc fl p c >, L aJ U,cn a: SmLT.. °n'mE E� d U c� 0o C d tL C: CD o 00 00 E o rn S C C C to G �^ a Q ri M 00 t 00 00 C. O o 0 " p 00 00 00 " p C C G B E d s s s cu 1r fl y L 0 ° tl1 . d N N m O m m m to C C cc s CO E. c Q GO U O 06 N L �— i c� 0o 00 CD o 00 00 0o rn S C C C c N L L L L O O O CD w v C m or N tr w rn M o� m rr p o Q m U p DO - rn L �— i O m d L m � d V L L z C w+ z—.. _� m N E N Q m V m m z G C O Q ►. .+ c CO L w !� O L. d m d 7 ` m Ir bLr t� s +, y m 00 m a m w y 00 '� u U U A A w V I c o o m m `o N E i m w CD 000 00 ..• m ca > O CO O N E - cO CD _ — O -' s0., a3 °r C m Z � a > �s o E CL) =-� cm C O �... O c o -.0 o d atD, O rn O O .D -0 m O O L ti 00 00 cn o m a > E .o 0 m e �-- c o 0 0 0 0 �. C4 y 7 O d 7' C d 'd C m '"� '"� .-� .� ^� O F co c a L E GL u 0 G N 4 0 -o C. a o0 00 00 00 0o L c9 V Q cp O to �,, C 00 O *'C CO m .. > c0 CL O L m C C •' C pp m L. Co L. ao °1 °a >, of w Q.' O C 0 a D J y 00 �C O O m w y t. c7 b w 00 OO w c— G L. m y - w w w w w m -0 C m a y E a a CJ d d �O O a1 y LO., a� N cu m O1 d m 4) u m m m m m a cn w d .t7 '.T O u 0" m lm. Z cu y 3 u cis co C d Cmi am (U .L �.,. co Q E m �-+ C` c„m„ 3 'fl 2 .t ' DO O -L m ca a .Li 00 m N O m of Gm1 m m vi cn O U il: 01 v 7 U U L u C y m o cu y U n Y c c m L o Cu m d d x c L g Ey O °' ' cc L c O a c co � U c N .c H cs ca W co R7 o c a O N N �' W 0 A W Lt. ° Lt .: N m .0 .o aC m op W, cz a) t" N m 0 z d n m L Q1 N m 0 z a Q6 U) 0 n U Z z 0 t _x O Z G] G_ a < OJ U d co E w W Q O U H U d a O 0 m .m y U C) _� y0 0 c C -C y N m Cc O y E m E C a O N O E oN E c� 00 _� � T d L O v .9 C. � tc M y C 7 Z cc Q A a II. C 'C C N y d c7 = a L y- � .O r y Oc"•• L O N L• t4��? 1 U Q E -� CO cC > E a) O O ..0 "' 'O E tC d r— 3 M y L W I- c, ,� �, E Cp C N O O� O _ N >, ao N E o v a o -� U O U CL co 'n C6 L 2 c p ro w c > > o •� m B0 M a a) tD x �' O O O C v� C C 7 r = C Cn En 11, co C.' < t0 C '� Q C a0 m C C G >' a c OD co ° y .� .Mr Q G ,a ` CL C co C CD -� 7 y a) u° i ay. L C y d a) 0 •� y y p c.. .9 M O y ,� � v y t.•. L. cu C m 'C .m O .m y O ° C m m cC a C 'C CV M m .0 O p c6 Gi C O a00 t0 o0. ni E c ..� p� L m �°- °' C tw .a a) a) U v) y W a) m ..L^. _ L C7 ...+ a) ..a (� a�i a) ami W a L C co . W 0 cc a y y a O C E> 7 E m '= E o. E N d o o a7 Q1 a a) a) 'fl cc a� +- � •., 0 a o Leo c 3° a c E- E- L L. cv v_ E "> --� L °' s E-� s E- L GL. o a 0 Z y o a° CL a d D .3 z a� d) m 00 w 00 .4, _ cm E o .: ci ° E- —O ci ° E- ci m ac ao 10- c6 m !n O w a) 41 a) L C C O a O a) >> d U M ^ O y >a 3 O O b U C '- L O O d -� U •'O = - c� d E r m E m o > a, L o cc _ CD cu mod. L Q) cc E G w y L "" G v, .i N %., w tc y„ d aC .U-i •R G O >, L C C C 8C R 0 > 4+ a) '-C}, cC a) -G C O u :. N b C C .G O X 'O w cc a R v ^O Q C a) a) ;70- C G R w v) a) ° O O O 1] G cr cc ,C v m :, ._ O O ° y G C m .G O L O .� C1 LO y a ul y O C •� y -0 a) cc C. , y to a) o r- 0 _" y 'o a) 0 17 'b .c to R CL) y .-. ti �-a Lo .". fr L a �'•� %:• L ' w Cl) a) ay y +� a) M 'fl Gd .L] d _0 'D 7 p X C G y..., 00 O C1 CL) O E 'L` E . y v ° to ° E ai ° d = v a o co p w w -0 X. (/] ' O O cJ t0 cJ ', U eo cq a) N G vi O ) G cc cc R C w C> y' o) a_ C O pp v) a " m a) p N C3 02 x 14 En 0 cu c o Q �, E •`-' E: o e0 10 m a) cc w cn O C'v CL, y_ t0 u L O _ " w O c4 C > N R' ,O R t. a ' .>'. _ cv U .b C > .Y Q m c4 C co L. >' G° O ca N Ca O O R C L vi L 'O .=� E G w G 7 a ^• .. �_' m O o a m a, R >> bo O a -0 '° y U .b to o °) D ii C -° " 'r ci c �' E )- E " $ tr m `v u .E .`_' c v N .c ��„ E .oc L •r Q n 0 O� O y 0 ° O L L ? 5 a) h al U, C) a o •v w G U 0 y CL) C O Z O eG `'" N �-. �.+ U) m C N •O _ Q) a) CO •- C .0 "" C '> -L" t.. )"" O d a' > O N cu �. O a) �a cs Q E N o p J y p ea C 7 n •� b> m L° E° R+ R cad _ CC Lti+ .c .c U C7 o Z G o ca 1 •o ca =1 R C'7 U G td N y m Q b0 •-� N RJ eT 1D 6 m a) ... w C w F.. Z O O 06 m 6 m U _z Z O N a k 0 z w a a a W O O U U a 3 O m 0 CD V* N m 0 z CL n cn o O •° v 6 E >' m p, O N O c .b t 00 m C C O � � d L o J t m m C 7 L a0 s _o L 0 L C V C W 3 E-a 4! J 7 g >, 0 � d m - co O. m a� y > O CO v O > C J x L E.. E 4 a m d o0 0 m m ++ w as J 0 m cc L W ca ,r o o 0 0 m � m > > 3 0� i E o E N _E Gc. U _E V N W O N aCi v tc CD C L C O O a0 m V* N m 0 z CL n cn m v 6 E >' m p, O ca > O Q 0 •' m 00 m C C O � � a` m C 7 L a0 s _o L 0 L 0 v � C W 3 E-a •v t g >, 0 d m - co O. d— m C 0{ " � L1 m O .N^,. O L c 3 m 4 m m 0 tw g a _ C •m m Q C 0 y C y L W ca v E r0 W •m o m Q , J 61 u m d d N Gc. U Z > m V N W O N aCi v tc CD C L C O O a0 m • V v; y 41 m "0 8 p) m V -° c.0. GO y 3 c ` v� .c ., OL y Ol 7 ca m .t+ O c d a� t oo c a b C J ob, 0 m C O ^y z°m�OT C... m > 'C C 3 L -0 m y CO 6 '� o U> m m N m ao m a o >, 0 c ^ c m c E 0 C L L . oo 6 •c v d 'Q z o E a n m 3 m' E . 'w M d L J pp ^ C � m c� C 7 r_ E '3 O E X a� he ., m S d b co E I�t U Z ry °J' a0 > -0 V* N m 0 z CL n cn •a: � � c c-0 p, O > O Q 0 •' m 00 m C C O � � a` m C 7 L a0 s _o L 0 L 0 d i m>, W 3 E-a •v t g >, 0 m O to - co O. d— m C y v O w oLi L. m O .N^,. O L c 3 m 4 m m4z 0 tw g a _ C •m m C 0 y C y L W ca v E r0 W •m o m Q , J 61 u X'C� 4' N Gc. U Z > m aCi v tc CD V* N m 0 z CL n cn J � c m c c-0 > O Q 0 •' m 00 m C C a` m L 0 L d i m>, W 3 E-a c c g >, 0 y v O w oLi L. i O CD .N^,. O L O m 'II .0 _ C •m m C 0 y C y L W N E r0 u X'C� 4' N y to m m 'O O m %" d m > L — C O ., • V v; y 41 m "0 8 p) m V -° c.0. GO o a a o O'er 3 c ` v� .c ., OL y Ol 7 ca c d a� t oo c a b C C O C ob, 0 m m t O C 3 L -0 m y CO 6 N a n 7 OJ To: Planning & Zoning Commission Re: Comprehensive Plan in relation to the property at and around 911 N Governor St I strongly support your proposal to amend the land use plan for properties at and around 911 N Governor St by removing the commercial office designation and a portion of an outdated high density residential use classification, and changing them to single family and duplex residential. Kent Ackerson 617 Brown St Brown St Historic District Representative on the Iowa City Historic Preservation Commission Iowa City resident since 1963 (49 years), and Brown St resident since 1974 (37 years) To: City of Iowa City Planning and Zoning Commission CC: Iowa City City Council We, the undersigned, support CPA12- 00004: the City of Iowa City's desire to amend the Comprehensive Plan to change the Central District Plan Map for properties located at 905, 909, and 911 N. Governor Street and a property between 906 and 910 N. Dodge Street from "Low to Medium Density Multi- family" to "Single- family and Duplex Residential" Print Name .,� . �11�1��.. l► Re ;�- MOI0 rW��� NES 09 mf wo Wrda�ll�lliiii,, MAIN 1, -�,2- W, VW FAA. Swim rown A VON SH li3-,c)q Dzi-766;4 ' VI cli WC1 &OC-L)" Prepared by: Robert Mildo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB12- 00011) RESOLUTION NO. 12 -485 RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, Rochester Ridge, LLC, filed with the City Clerk the final plat of Rochester Ridge Part Three, 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 11 of Rochester Ridge Part One, in accordance with the Plat thereof Recorded in Plat Book 56 at Page 60, of the Records of the Johnson County Recorder's Office; Thence N89 °47'1 6 "E, along the Westerly Line of said Rochester Ridge Part One, a distance of 118.50 feet; Thence S00 012'44 "E, along said Westerly Line, 5.00 feet; Thence N89 °47'16 "E, along said Westerly Line, 70.00 feet; Thence N00 °12'44 "W, along said Westerly Line, 59.97 feet; Thence N89 047116 "E, along said Westerly Line, 70.00 feet; Thence N87 046'03 "E, along said Westerly Line, 62.51 feet; Thence N88 055'42 "E, along said Westerly Line, 153.28 feet; Thence S46 011'28 "E, along said Westerly Line, 156.79 feet; Thence S18 037'06 "E, along said Westerly Line, 101.84 feet; Thence S08 051'25 "E, along said Westerly Line, 97.49 feet; Thence S01 °02'46 "E, along said Westerly Line, 28.00 feet; Thence S30 051'13 "W, along said Westerly Line, 35.46 feet; Thence S82028 18'W along said Westerly Line, 114.00 feet; Thence Southeasterly, 74.60 feet, along said Westerly Line on a 363.00 foot radius curve, concave Northeasterly, whose 74.47 foot chord bears S13 024'57 "E; Thence S19 018'11 "E, along said Westerly Line, 41.20 feet; Thence Southeasterly, 99.54 feet, along said Westerly Line on a 313.00 foot radius curve, concave Southwesterly, whose 99.12 foot chord bears S10 011'33 "E; Thence S01004'55"E, along said Westerly Line, 27.12 feet, to the Southwest Corner of said Rochester Ridge Part One, and a point on the North Line of Oakwoods Addition, Part 7, in accordance with the Plat thereof Recorded in Plat Book 14, at Page 20 of the Records of the Johnson County Recorder's Office; Thence S88 °55'05 "W, along said North Line, 219.43 feet to the Northwest Corner of said Oakwoods Addition, Part 7; Thence N09 009'24 "E, 144.20 feet; Thence N21 056'20 "W, 102.98 feet; Thence N00 °12'44 "W, 194.94 feet; Thence S89 °47'16 "W, 108.35 feet; Thence Southwesterly, 39.27 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.36 foot chord bears S44 047'16 "W; Thence S00 012'44 "E, 5.00 feet; Thence S89 047'16 "W, 50.00 feet; Thence Northwesterly, 39.27 feet, along a 25.00 foot radius curve, concave Southwesterly, whose 35.36 foot chord bears N45 012'44 "W; Thence S89 047'16 "W, 108.50 feet, to a Point on the East Line of the Parcel of Land conveyed by Warranty Deed, as Recorded in Book 695 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N00 °12'44 "W, along said East Line, 127.00 feet, to the Point of Beginning. Said Tract of land contains 4.49 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: No. 12 -485 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 13th day of November _'201 2 CORPORATE SEAL ATTEST` CITY CEEPIK MAYOR Approved by City�s Office It was moved.by`'rt ms and seconded by Payne the Resolution be adopted, and,upon.roll call there were: AYES: NAYS: ABSENT: x Dobyns X Champion X Dickens x Hayek X Mims X Payne x Throgmorton pcdltemplaleslFinal Plat - Resolution doe doc 6h To: City Council Item: SUB12 -00011 Rochester Ridge Part Three GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: November 13, 2012 Applicant: Allen Homes P.O. Box 3474 Iowa City, Iowa 52244 319- 530 -8238 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 60 -Day Limitation Period: Final plat approval Rochester Ride Part Three, a13 -lot subdivision Teton Circle, south of Rochester Avenue 4.49 acres vacant, Residential (OPD -5) North: Residential (OPD -5) South: Residential (RS -5) East: Residential (RS -5) West: Residential (RS -5) October 16, 2012 December 17, 2012 BACKGROUND INFORMATION: A preliminary plat and Planned Development Overlay (OPD) plan for Rochester Ridge, a 55 -lot, 23.22 -acre residential subdivision with three outlots, was approved in 2011. The plan allowed for cluster development in order to preserve environmentally - sensitive features, including wetlands, regulated slopes, woodlands and a stream corridor. Final plats for Rochester Ridge Parts One and Two were approved in September 2011. The applicant is now seeking final plat approval for Part Three, a 13 -lot, 4.49 -acre subdivision. ANALYSIS: The final plat is in general conformance with the approved preliminary plat and current subdivision regulations. Construction plans have been submitted and are being reviewed by the City Engineer. The City Attorney's Office is reviewing the legal papers. It is anticipated that these plans and documents will be approved by Staff prior to City Council consideration of the final plat. There is a slight difference between the preliminary plat and proposed the final plat. The preliminary plat showed that the applicant had intended to include lots along the far southwest end of the subdivision in Part Three —the lots adjacent to the future extension of Teton Circle. The applicant is now proposing to include those lots in the future Part Four and to move lots 35 – 44 from Part Four to Part Three —the lots located along Westminster Street. Staff believes this 2 change will not result a change in the subdivision's overall design and recommends approval of this change. STAFF RECOMMENDATION: Staff recommends approval of SUB12- 00011, the final plat of Rochester Ridge Part Three, a 4.49 - acre, 13 -lot residential subdivision located at the south end of Teton Circle, south of Rochester Avenue, provided that legal papers and construction drawings are approved by staff. ATTACHMENTS: 1. Location Map 2. Plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development CZ Is LsanHwd 0 o v♦ v Q O(� z v :�L v �rL Q TETON CR w Q cn z O � cn Q�� Q G O O co Lo cn M a wmrn oC v U O ce- 1 to L I P �a NI` iNnoH N3380 o J LU yy�� Ir .. c LL 000 - LS 1- LWva W � � )O Z QQ U u CO o. S)- °B m W '!r L - 190 -96GL\ C \� tl3� 3 Z t O _ m LO l A �Rn�n01\ \ \t g c 0 ZI, J Ld � a \, _Z Inez, o I JO � NO CL I fit 0 OPR =`9 0 ^^,pp yyf VV� 1\ 44� W i33l'l¢, � �gaa�p0 on[ ZyX tl3� Z Q Brrrr iriirir i rr ■� O Z W I li' II' 'I II I Ir � y W J I�I II� g�9 l A �Rn�n01\ \ \t g c 0 ZI, J Ld � a \, _Z Inez, o I JO � NO CL I fit 0 OPR =`9 0 ^^,pp yyf VV� 1\ m - 2BM CITY OF IOWA CITY Q MEMORANDUM Date: October 30, 2012 To: Iowa City Council From: Douglas Boothroy, Director of Housing and Inspection Services Re: The sale of 2538 Nevada Avenue Staff recommends that the single family dwelling located at 2538 Nevada Avenue be sold to Habitat for Humanity for the amount of $64,000, which will reimburse the City for its expenses. BACKGROUND: The Council authorized the Department of Housing Inspection Services to acquire 2538 Nevada Avenue because it is a nuisance. The property was acquired pursuant to Section 364.12A of the Iowa Code, which allows the City to condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property for rehabilitation or for demolition and construction of housing. The City has determined the property can be rehabilitated. Habitat for Humanity has offered $64,000 for the property, which will reimburse the City for its expenses. Habitat for Humanity has building construction experience and the capacity to do restoration of problem properties. Recently Habitat did an excellent restoration of a nuisance single family dwelling located on Prairie du Chien Road. This property is now owner occupied, attractive, and a contributing structure in the neighborhood. RECOMMENDATION: Staff recommends the sale of 2538 Nevada Avenue to Habitat for Humanity because it has proven construction experience in completing restoration of nuisance properties, offered $64,000 which will reimburse the City for its expenses, and provides low cost home ownership opportunities in the community. DB/ats/4022926 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. WHEREAS, the property at 2538 Nevada Avenue was declared a public nuisance and acquired by the City through the eminent domain process; and WHEREAS, the City ha entered into a contract, subject to formal approval by the City Council, for the sale of the propert for $64,000 and rehabilitation of the currently existing structure; and WHEREAS, on August 23, 012, the City Council adopted a Resolutio proposing to convey its interest in 2538 Nevada Av ue, authorizing public notice of the pr posed conveyance, and setting the date and time for the ublic hearing; and WHEREAS, following the public h ring on the proposed conveyan e, the City Council finds that the conveyance of the property and ehabilitation of the currently a (sting structure is in the public interest. NOW, THEREFORE, BE IT RESOLV BY THE CITY CO NCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attor y, the Mayor nd the City Clerk are authorized to execute a warranty deed conveying t e City's in rest in 2538 Nevada Avenue, legally described as Lot 126 Lakeside Addition, owa Cit , Iowa. 2. The City Attorney is hereby authorized to eli r said warranty deed and to carry out any actions necessary to consummate the con v nce required by law. It was moved by and sec de by the Resoltion be adopted, and upon roll call there were: 4 AYES: NAYS: BSENT: Champiorr: rV Dickens Dobyns Hayek = Mims Payne Throgmorton Passed and approved this day of , 2012. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office /14,� Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -486 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2538 NEVADA AVENUE. WHEREAS, the property at 2538 Nevada Avenue was declared a public nuisance and acquired by the City through the eminent domain process; and WHEREAS, the City has entered into a contract, subject to formal approval by the City Council, for the sale of the property for $64,000 and rehabilitation of the currently existing structure; and WHEREAS, on August 23, 2012, the City Council adopted a Resolution proposing to convey its interest in 2538 Nevada Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance of the property and rehabilitation of the currently existing structure is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2538 Nevada Avenue, legally described as Lot 126 Lakeside Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Throgmorton and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion _ X Dickens X Dobyns Hayek X Mims X Payne X Throgmorton Passed and approved this 13th day of November , 2012. e MAYOR Approved by d CIT LERK ATTEST: � �' I City Attorney's Office V.- CITY OF IOWA CITY MEMORANDUM DATE: November 2, 2012 TO: Tom Markus, City Manager FROM: Claire Richmond, Community Development Intern RE: November 13th City Council meeting agenda item: sale of UniverCity Neighborhood Partnership house Introduction: On November 13th, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 656 S. Lucas St. as part of the UniverCity Neighborhood Partnership Program. History/Background: A grant allowed the City to purchase twenty -six rental properties for the UniverCity Neighborhood Partnership Program, all located in designated neighborhoods surrounding the University of Iowa and downtown. I -Job funds of $36,327 were used to rehabilitate and sell this property as a single - family owner occupied home to an income - eligible buyer. The cost of renovations is not included in the sale price but is forgiven once the homeowner has lived there for five years. The home must also be owner - occupied for 20 years. Under the UniverCity Neighborhood Partnership, the City proposes to sell 656 S. Lucas St. for $155,000 plus carrying costs of $11,704. "Carrying costs" are all the costs incurred by the City to acquire, maintain and sell the home, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $36,327 in repair and rehabilitation. Carrying costs for this home are high due to renovation expenses and the upkeep required during the length of time the finished property remained vacant. This will be the 25th UniverCity Neighborhood Partnership home sold. A purchase offer was recently received for the 26th and final phase one property. "I Built in 1953, this home has over 1200 square feet of finished living space including three bedrooms and one full bathroom on the main floor, as well as a large basement with an additional bedroom. The property also features a detached garage, a large screened -in porch, and a nice backyard. The buyer is a University of Iowa employee and will be receiving down payment assistance provided by the University in the amount of $10,500. The Iowa City Housing Authority will provide additional assistance in the amount of $9,500 from the Iowa City Housing Authority. November 2, 2012 Page 2 Statement of Fiscal Impact: The assessed value of 656 S. Lucas St. at the time of purchase was $141,240 and the sale price is approximately $166,700. It is likely that the assessed value of this home will increase resulting in an increase in the tax base. There will be no impact on the General Fund for ongoing operating expenses. Recommendation: This home was in need of repair and updates and had been a rental property for over 16 years. After the renovation it has become an asset to the neighborhood and community. Staff recommends that you approve the resolution to authorize the conveyance of 656 S. Lucas St. as part of the UniverCity Neighborhood Partnership program. November 2, 2012 Page 3 656 S. Lucas St. — before renovations 656 S. Lucas St. —after renovations N Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319 f 6 -5030 C) r%.:� RESOLUTION NO. CD "q -tea # ry RESOLUTION AUTHORIZING CONVEYANCE OF A LOCATED AT 656 SOUTH LUCAS STREET. WHEREAS, the Univer ity Neighborhood Partnership P University of Iowa and th City to encourage home owne neighborhoods surroundin he University of Iowa; and 5 NGLE FAMILY'40ME1 -am is a joint effort beTween the p and reinvestment in designated WHEREAS, the City has rece %ed a $1.25 m illion I -Jos grant to assist in the acquisition and rehabilitation of twenty -six sinamily homes to p vide affordable housing in designated neighborhoods surrounding thversity of Iowa; an WHEREAS, Resolution 09 -384 au oVilited ity to acquire and rehabilitate properties consistent with the grant agree men funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and re single family home located at 656 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer p ch, sum of $155,000 (the amount the City pa' to a q approximately $ , which are all cos incurre and sell it, including abstracting and rec rding fees, mowing and snow removal, utilities, r I estate tax repair and rehabilitate the home; and se 656 South Lucas Street for the principal lire the home), plus the "carrying costs" of by the City to acquire the home, maintain it interest on the loan to purchase the home, and any costs in excess of $50,000 to WHEREAS, this sale would /rthe affordable housing ' a designated area surrounding the University of Iowa; and WHEREAS, on October 23, he City Council adopte a Resolution proposing to convey its interest in 656 South Lucet, authorizing public no 'ce of the proposed conveyance, and setting the date and time public hearing; and WHEREAS, following the blic hearing on the proposed conv ance, the City Council finds that the conveyance is in t e public interest. NOW, THEREFO/dirction IT RESOLVED BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA, that 1. Upon the of the City Attorney, t he Mayor and the City erk are authorized to execute a y deed conveying the City's interest in 656 South Lucas Street, legally described f Lots 8 and 9, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: `NAYS: ABSENT: Passed and approved this Approved by City Attorney's Office _ day of MA ATTEST: CITY RK Cham Mims Payne Throgmorton a —12012. -z� rn 9-� 41 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -487 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 656 SOUTH LUCAS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 656 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer to purchase 656 South Lucas Street for the principal sum of $155,000 (the amount the City paid to acquire the home), plus the "carrying costs" of approximately $11,700, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on October 23, 2012, the City Council adopted a Resolution proposing to convey its interest in 656 South Lucas Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 656 South Lucas Street, legally described as part of Lots 8 and 9, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. 12 -487 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. 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 Y Hayek x— Mims _x Payne x Throgmorton Passed and approved this 13th day of November , 2012. wrdxur ` -- ATTEST: CITY ttERK Approved by City Attorney's Office N�l II M --I J-1 z Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240- 319 - 356 -5030 RESOLUTION NO. 12 -488 RESOLUTION ESTABLISHING MOBILE VENDING PERMIT AND AMBULATORY VENDING PERMIT FEES AND RESCINDING RESOLUTION NO. 10 -67. WHEREAS, section 10 -3 -5F provides that fees for mobile vending permits shall be set by resolution, and section 10 -5 -866 provides that fees for ambulatory vending permits shall be set by resolution; WHEREAS, Resolution No. 10 -67 established fees for mobile vending and ambulatory vending permits; and WHEREAS, the fee for electrical use by mobile venders is a monthly fee, and it would be more efficient for City staff to collect on annual fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The following fee schedule for mobile vending permits and ambulatory vending permits is established: 1. Mobile Vending Permits a. Annual Fee b. Electricity Hook -Up Fee 2. Ambulatory Vending Permits a. Annual Fee b. One -time Daily Fee $ 875.00 in 2010 $1,000.00 beginning in 2011 $ 180.00 per year beginning May 1, 2013 ($15.00 per month until May 1, 2013) $100.00 $ 10.00 Passed and approved this 13th day of November , 2012. ATTEST: Lt/ CIT*ERK MAYOR Approved by City Attorney's Office Resolution No. 12 -488 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: /:1%•4 *1 x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M1j Z Prepared by: Karen Jennings, Human Resources, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5026 RESOLUTION NO. 1 9 -4R9 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL -CIO, LOCAL #610, TO BE EFFECTIVE JULY 1 , 2013 THROUGH JUNE 30, 2016. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Association of Professional Fire Fighters, IAFF, AFL -CIO, Local #610, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2013, through June 30, 2016, a copy of which Agreement is attached to this resolution and by this reference made a part hereof, and WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The above - referenced Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 13th day of November , 20 12 ATTEST: 29?,e� /111111 CITY ERK MAYOR Approve- d "by�� City AVnty's face It was moved by Payne 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 1 CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL -CIO, LOCAL #610 JULY 1, 2013 TO JUNE 30, 2016 TABLE OF CONTENTS PAGE Preamble......................................................................................................... ............................... 1 ArticleI -- Recognition ..................................................................................... ............................... 2 ArticleII -- Management Rights ....................................................................... ............................... 2 ArticleIII -- No Strike - No Lockout .................................................................. ............................... 2 ArticleIV -- Dues Check Off ............................................................................ ............................... 3 ArticleV -- Hours of Work ................................................................................ ............................... 3 ArticleVI -- Overtime ....................................................................................... ............................... 5 ArticleVII -- Special Leaves ............................................................................ ............................... 6 ArticleVIII -- Holidays ...................................................................................... ............................... 8 ArticleIX -- Sick Leave ..................................................................................... ............................... 9 ArticleX -- Vacations ..................................................................................... ............................... 11 Article XI -- Union Activities ........................................................................... ............................... 12 Article XII -- Uniforms and Equipment ........................................................... ............................... 12 ArticleXIII -- Insurance .................................................................................. ............................... 13 Article XIV -- Duty Outside the City ................................................................ ............................... 14 Article XV -- Training Programs ..................................................................... ............................... 14 Article XVI -- Bulletin Boards .......................................................................... ............................... 14 Article XVII -- Personnel Transactions ........................................................... ............................... 15 Article XXIII -- Discipline ................................................................................ ............................... 15 Article XIX -- Transfer Procedures ................................................................. ............................... 15 Article XX -- Supplemental Employment ....................................................... ............................... 16 ArticleXXI -- Safety ....................................................................................... ............................... 16 Article MI -- Grievance Procedure ............................................................. ............................... 17 Article XXIII -- General Conditions ................................................................. ............................... 18 ArticleXXIV -- Waiver .................................................................................... ............................... 19 Article XXV -- Savings Clause ....................................................................... ............................... 19 ArticleXXVI -- Duration .................................................................................... .............................20 ArticleXXVII -- Wages ...................................................................................... .............................20 Article XXVIII -- Other Compensation ............................................................... .............................20 Article XXIX -- Use of Time Off ......................................................................... .............................22 SAPEMCollective Bargaining\Fire\FY14 Contract Negotiation ExhibitsTire contract FY14 - FY16.doc PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F. F. AFUCIO, Local 610, referred to as the "Union ", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: humanrel /unionsffire /fire contract fy14 - draft.doc ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE - -NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees bumanrel /unfonsffire/fire contract fy14 - draft.doc 2 engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty -six (56) hours, consisting of twenty -four (24) hours on duty (commencing at 0700 hours), twenty -four (24) hours off duty, twenty -four (24) hours on duty, twenty -four (24) hours off duty, twenty -four (24) hours on duty, ninety -six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty -four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty -six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty -four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. humanrel /unions/fire /fire contract fy14 - draft.doc 3 Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his /her designee. b. The Fire Chief or his /her designee will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his /her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his /her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiefs position is made by the Fire Chief for a period of twenty -four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his /her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one -half (1'/2) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his /her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. b. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. humanreltunions/fire /fire contract fyl4 - draft.doc 4 The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours /week) assigned to administrative duty (referred to as "light duty ") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours /40 hour = 1.4 Annual hours worked: 2912 hours /2080 hours = 1.4 Holiday time: 135 hours /96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro -rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty -four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty -four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his /her designee. Overtime is voluntary where overtime assignments are made over seventy -two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he /she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one -half (1 -1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one -half (1- 1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime humanrel /unions/fire/fire contract fyl4 - draft.doc 5 worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one -half (2 -1/2) hours. If the emergency call -in takes more than two and one -half (2 -1/2) hours the employee will be compensated for time spent. Minimum call -in will be paid at the overtime rate. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on -duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one -tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one -tenth (1/10) hour and the employee would receive 1.3 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his /her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his /her mother -in -law, father -in -law, grandparent -in -law, aunt or uncle, brother -in -law, sister -in -law, or permanent member of the immediate household. In -law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. humanrellunionstfirelfire contract fy14 - draft.doc 6 Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he /she left and will receive compensation on the same basis as if he /she had continued to work at his /her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his /her civil service rank, he /she will be assigned to the first open position which becomes available in his /her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his /her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he /she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; C. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he /she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. humanrel /unionsKreffire contract fy14 - draft.doc 7 The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his /her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his /her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty - five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any humanrel /unions/firefre contract fy14 - draft.doc 8 calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty -four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 per holiday) for the fiscal year will be made to each permanent full -time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part -time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 1 of this agreement. Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty -four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one -half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he /she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: humanrel /unions/fire /fire contract fy14 - draft.doc 9 (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother -in -law, father -in -law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty -eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he /she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his /her supervisor as soon as reasonably possible of any sickness or illness which will cause him /her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his /her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self - employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his /her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City - Union committee may waive such payback due to the death or permanent disability of the employee. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application humanrel /unionsffireffire contract fy14 - draft.doc 10 procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Length of Service 0 -5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts /yr) 16 hours (8 shifts /yr) 18 hours (9 shifts /yr) 20 hours (10 shifts /yr) 22 hours (11 shifts /yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour - for -hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he /she has been on the payroll as a permanent full -time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his /her choice within two shifts, he /she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty -eight (288) hours of accumulated vacation leave at the current base rate of pay. humanrel /unions/rirefre contract ty14 - draft.doc 11 ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Conference Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he /she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Employees on duty at outlying stations may participate in union meetings via remote electronic communication with the on -duty Battalion Chief's permission. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap (baseball style) Necktie 3 pair shorts 3 pair sweatpants 1 winter hat 2 short- sleeve uniform shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform polo type shirts (annually) 3 uniform polo type shirts (new employee) Department patches /badges humanrel /unions/freffire contract fy14 - draft.doc 12 Firefighting gloves Turn out coat Firefighting helmet SCBA facepiece Spring /fall jacket Belt 2 long- sleeve uniform shirts 3 t- shirts (annually) 5 t- shirts (new employee) 1 pair uniform shoes 1 uniform sweatshirt (annually) 2 cold weather duty wear work shirts Firefighting boots Turn out pants Firefighting hood Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross /Blue Shield "Iowa 500" two -day deductible plan for employees and eligible dependents. Employees will pay a portion of the monthly premium (prorated for part -time employees) toward the cost of such coverage, as follows: forty dollars ($40.00) per month for single coverage and seventy -five dollars ($75.00) per month for family coverage in FY14; forty dollars ($40.00) per month for single coverage and eighty dollars ($80.00) per month for family coverage in FY15; and forty -five dollars ($45.00) per month for single coverage and eighty -five dollars ($85.00) per month for family coverage in FY16. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B ". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and /or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an humanrel /unionsffireffire contract fy14 - draft.doc 13 alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B ". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he /she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self- development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The humanrel /unions/fire /fire contract fy14 - draft.doc 14 ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his /her record. Section 4. Upon request, each employee shall receive a copy of his /her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: 15 battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his /her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him /her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Drug Testing. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). humanrel /unlons/fire/fire contract fy14 - draf.doc 16 ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he /she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and /or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his /her designee within seven (7) calendar humanrel /unionsMreffire contract fyM - draft.doc 17 days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his /her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, humanrel /unionsKre/fire contract fy14 - draft.doc 18 allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance /arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the City Hall lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the City Hall parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre -tax payment of health insurance co- payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be 19 unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2013 and June 30, 2016, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: July 7, 2013 July 5, 2015 July 6, 2014 July 3, 2016 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: increased by one and twenty -five hundredths percent (1.25 %) effective July 7, 2013; the resulting pay plan further increased by one and twenty -five hundredths percent (1.25 %) effective January 5, 2014; the resulting pay plan further increased by two and two- tenths percent (2.2 %) effective July 6, 2014; and the resulting pay plan further increased by two percent (2 %) effective July 5, 2015. Copies of the pay plans for FY2013, FY2014, and FY2015 are attached to this agreement as Exhibit A -1 through A -4. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, six months following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of humanrel /unions/fireffire contract fyl4 - draft.doc 20 living exceeds nine percent (9 %) during the contract year subject to a maximum pay out of two percent (2 %) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI - W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967 =100. b. The base index month shall be as follows: May 2013 for FY14, May 2014 for FY15, and May 2015 for FY16. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9 %). However, these quarterly cost of living payments are limited to a maximum of two percent (2 %) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one -time, non - recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full -time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 FY14 -FY16 5 years 1 day - 10 years $365.00 10 years 1 day - 15 years 540.00 15 years 1 day - 20 years 690.00 20 years 1 day - 25 years 840.00 25 years 1 day+ 1,090.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full -time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he /she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one -half of the December 1 payment. Section 4. Each permanent, full -time bargaining unit employee who is a duly certified Emergency Medical Technician -Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy -five dollars ($475.00) on the second payday of each fiscal year. Section 5. Each full -time bargaining unit employee who is duly certified as a Hazardous humanrel /unions/fire/fire contract fy14 - draft.doc 21 Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive payment on the second paycheck in each fiscal year according to the following schedule: two hundred dollars ($200.00) in FY2014, two hundred fifty dollars ($250.00) in FY2015, and three hundred dollars ($300.00) in FY2016 and thereafter. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. CITY OF IOWA CITY, IOWA MAYOR ATTEST: / ty�fiL/ ITY Date: JoQ&AsEPz 13, ao /a Approve y: °-� City AJkmey's(offic / humanrel/unionsfre/fire contract fy14 - draft.doc 22 IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL -CIO, LOCAL #610 By. Date: O N N N � � 00 c0 co Q °'LOOOD o rn rn O Q tC N N Nt N 000' � W O N N N � � °'LOOOD O N �O Ln M co O O C7 LO LO °r°U)N O N M d LO N 1!)00 I- O O O Cl) 00 00 M 557, 0) O >. O N LO Z-� ANN CO NN CIO (0(0 d 00 0) O 0) O ti ti O M CO (0 N N CL (0cri� Cio06 41:vi M�r- O �0N NI N N00 � N 00 ' c0 (00� Q O N It N O N CA CL U t0 d (0 CO CO W W LL �- LL W r- � NT I` Nt It I- It It I- O O NNN 0000 WCOCO BOO O N oO ,- O L6 N N o0 N M C7 �- N I- N E ED N I` 00 M I- � � ti N v- N(D N d CO O 0 0 Z_ Z_ I— H H Z Z Q Z Z W H H W_ W_ Q LL J U J W W W W w w w w LL. LL. LL. LL LO c0 11- 00 M M C7 C7 N Q L X W Mc0c0 M 0 0 v- N N c0 M M N f- O O Un O O N � 00 LO d' N v- N N c0 M M 000 Un O O 000 000 L O N tC LO M v- N N c0 M M °r°00_rn O N It d LO N 1` It It 0 0 0 O � N r C) N M T-- N N Lf) cm U') V- } Q � Nd"d' d'aoa0 McOCO 0000 J d' d' M O O M 0 07 O 00 0o O. Q 1� 1` M N N d' 4 4 06 4 4 4 '� O N LO O N ti M I- �.. N 0 0c0 co 0c0 a; � N� N O N O w F- W U LLLLI LL �d''t Mco(0 (ONN f`OO LL d'c0c0 M00 N�� tnc0c0 LLJ (644; 100N MV5C6 Nvi 6 It (D N00 NOM MO'd _ r- N N N ti N ti d c0 c0 c0 U Z Z_ 9 F- F- F= Z Z Q Z � Z Z Q LU 2 D d D W_ Q _W LL J U J W W W W w w it w LL. LL. LL LL LO O ti 0o M M M M Q t X W co co to I` C7 Cl? O O t- w N N O co t0 M (O CO 0 c- r- � M M N 000 M LO N It It O N N �Mo00 �t O d N N LO CIO d'Nt O to M 'd r O N N N O LL r. ZJ 000 CIO (0(O I- NtIt c-00 BOO 0000 co It It 00 00 00 (. ') BOO N(OO 4461: -i4-4 LJJ Q (o (o NLo 00 N00N (h000 V- O Lo N N QN N C(O N N o. ca LO (0 U W LV LL LL M(0(O 000 f- d'd' 000 W 00 0) 0) 00 co (O h N N N N N 64 o0 :� - MN o6 MMM r 00 O N It 00 N CO M (D It r- 0) N M N 0) N N �t CO (O O U Z Z_ H H Z Z Q Z Z W w w � w w Q W W W W C� 0� it C� LL LL LL LL LO co t` 00 M M M M Q ..0 X W 000 Nd'd ti N ( w M ti O N d' (0 M O O M O CA N N N M O N � Cl) O O O d O 00 O CY) C-4 d d N (0 N LO O O ti O O o6 o6 6 N CO M N LO O N LO >- N r' LL L Z J LO NN NIt'It 00 C~d�It LO 000000 �' I�OO (7000 6 -:ti U')OO O 0 1` N O N N It I'- (Y7 It (0 N 0) 0) NC N }aQv ; IOWA 500 IOWA 500 HEALTH CARE COVERAGE APPENDIX B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co- payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self- maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self- maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient • Semi - private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x -ray services Outpatient • Surgery • Diagnostic, x -ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies 01101KI � THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics Private -duty nursing services • Blood plasma • Casts Ambulance • Crutches Air • Durable medical equipment Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO- PAYMENT Hospital — The Subscriber is responsible for the first two days of semi - private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90 %. • Other Supplies /Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and /or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and /or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90 %/10% Single Deductible: Family Deductible: $350 (eff. 1/1/14) $450 (eff.1/1/14) $500 (eff. 1/1/15) $700 (eff. 1/1/15) $600 (eff. 1/1/16) $800 (eff. 1/1/16) 90 %/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: Family OPM: $840 (eff. 1/1/14) $1100 (eff. 1/1/14) $900 (eff. 1/1/15) $1450 (eff. 1/1/15) $1000 (eff. 1/1/16) $1700 (eff. 1/1/16) IOWA 500 PAYS- 100% of Covered Services Summary of Benefits DELTA DENTAL COVERAGE Delta Dental Plan of Iowa coverage not only provides a variety of benefits but also encourages timely and effective dental maintenance. More than 80% of the dentists in lows participate in the Delta Dental Program. Oelta Dental payment is based on Usual. Custorn4ry and Reasonable allowances, subject to deduW6ti akd copiyrment provi- sions of the program. Your Delta Dental program- includes a 'medical neaassity' provision which ensures coverage for dental services provided within generally accepted dental "practicss. Uke Blue Cross and Blue- Shield of Iowa, the Delta Dental Plan roceives claims directly from participating denpsts. ARr d,w ,pay therm. directly for you. That eliminates claims- handlitlo choos.4' you and your employees — and saves valuable time anfJ.nion4 To provide a program to most your company's needs, Delta Dental Plan benefits are available with deductibles, c¢p ants end maxi mum payment allowances for covered services. These benefits are combined to meet your needs: Preventive Maintenance benefit includes: • Routine checkups at six- month' intervals including bitewing x -rays at 12 -month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full -mouth x -rays once in any three -year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. o Oral surgery (including pre- and post - operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High -cost fillings. • Cast restorations. • Root canal .fillings. • Non - surgical treatment for gum diseases. - Delta Dental Plan Of Iowa 9o112.► led JM Delta Dental Plan of lows RATE QUOTATION PLAN - II Program Benefits Deduc:lel: Copsyment Slnplelfampy (Annual) © Preventive Maintenance $ _ % 13 Routine Restorative S 25175 5_0 % © Major_ Restorative S " 5 0 % ❑ Dental Prosthetics $ _ % ❑ Periodontics $ _ % e ❑ Orthodontics S % ❑ Dependents to age ❑ Full -time students ❑ Adults Program Maximums Single $ 500 -per year. Family $ 500 per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ per month These rates guaranteed for 12 months beginning on 7 -1 -85 (date) if purchased by 7 -1 -85 Ideal *Rates quoted here are based upon census information provided and acquiring and maintaining a min'm`um ` enrollmer of 90'i, of total eligible- employees for the duration of the contract. �''"y� •111 � • / � l ]\ "�''1 - A D� -`t . Authorized cafe This is a general =ive ption of coverage. It is not a statement of contras. Actual coverage is subiect to the terns and conditions specified in the contract itself and enrollment regulations in force when the contract becomes effective. U4111 344 iAt Delta Dental Plan of lowa SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL -CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training /Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training /Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours /40 hours = 1.4 Annual Hours Worked: 2912 hours /2080 hours = 1.4 Holiday Time: 123 hours /88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his /her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training /Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Pay Plan as grade 38.) Pay Plan Step 1 Step 2 FY14 32.17 33.64 (7/7/13) 2573.60 2691.20 66913.60 69971.20 FY14 32.57 34.06 (1/5/14) 2605.60 2724.80 67745.60 70844.80 FY15 33.29 34.81 (7/6/14) 2663.20 2784.80 69243.20 72404.80 FY16 33.96 35.51 (7/5/15) 2716.80 2840.80 70636.80 73860.80 A Lieutenant with this assignment would be placed at the same step he /she held in grade 36. He /she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2013 to June 30, 2016. By: E CITY OF IOWA CITY City Manager Date: // Z71— / 2' humanrel /unionsfre/fy11 /trainingoff side - Itr.doc IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL -CIO, LOCAL #610 By: 4 � � President Date: (1 A-1 201 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of Taxable Urban Renewal Revenue Bonds, Series 2012, 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 13th day of November, 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: TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012, in the amount of $2,700,000 (Dollar Amount Subject to Change), to be dated November 29, 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 - 356 - 5009). 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 City Clerk, 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. 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 (End of Notice) M ) is November 13, 2012 The Finance Director of the City of Iowa City, State of Iowa, met in Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 10:00 o'clock A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at 7:00 o'clock P.M. on the above date. The following persons were present: Kevin O'Malley Marian Karr Jon Burmeister - 1 - This being the time and place for the opening of bids for the sale of $2,700,000 (Dollar Amount Subject to Change) Taxable Urban Renewal Revenue Bonds, Series 2012D, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (Attach List of Bidders) -2- 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Northland Securities, Inc. Minneapolis, MN D.A. Davidson & Co. Denver, C0'- Hutchinson, Shockey, Erley & Co. Chicago, IL Robert W. Baird & Co., Inc. Milwaukee, WI -3- 4. The best bid was determined to be as follows: Name & Address of Bidder: Northland Securities of Minneapolis, MN True Interest Rate: 3.3037 Net Interest Cost: $ 1,070,201.03 All bids were then referred to the Council for action in accordance with the Notice of Sale. November 13, 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, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton Absent: -5- Council Member Champion introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ 2,700,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D," and moved its adoption. Council Member Payne seconded the motion to adopt. The roll was called and the vote was, AYES: Dobyns Hayek Mims, Payne, Throgmortan, NAYS: Champion, Dickens None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 12 -490 RESOLUTION DIRECTING SALE OF $ 2.655,GOIL TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $ 2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D: Bidder: Northland Securities of Minneapolis, MN the terms of said bid being: Purchase Price: $ 2,612, 520 True Interest Rate: 3.3037 % Net Interest Cost: $ 1,070,201.03 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA: M Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED this 13th day of November, 2012. ATTEST: City -erk 00897849 -1 \10714 -113 -7- - .t 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 prominerit—p lace e as' ly accessible fo�he public and clear y des d signated 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 15th day of November , 2012• City Nork, City of Iowa City, State of Iowa (SEAL) 00897849 -1 \10714 -113 TABULATION OF BIDS CITY OF IOWA CITY, IOWA $2,700,000* Taxable Urban Renewal Revenue Bonds, Series 2012D AWARD: NORTHLAND SECURITIES, INC. RATING: Moody's Investor Services 'A31' SALE DATE: November 1-3, 2U 12 COUPON NET INTEREST COST PURCHASE NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE NORTHLAND SECURITIES, INC. Minneapolis, Minnesota 1.000% 1.300% 1.600% 2.000% 2.100% 2.300% 2.400% 2.600% 2.800% 3.000% 3.200% 3.400% 3.600% 3.700% 3.750% 3.900% 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029-2030 2031 2032 $1,118,818.43* $2,656,800.00* 3.3314%* Subsequent to the receipt of bids, the City decreased the aggregate par amount of the Bonds to $2,655,000.00. The resulting Purchase Price decreased to $2,612,520.00, the True Interest Rate decreased to 3.3037% and the Net Interest Cost decreased to $1,070,201.03. Ad 13'FM- iu The PFM Group 801 Grand Avenue Suite 3300 515 243-2600 515 243-6994 fax Des Moines, 1A 50309 www.pfm.com —jlllVc F tmI Icial inc' L C Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $ TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D," and moved its ' option. Council Member seconded the motion to adopt. The roll was called and the vote was, &VA 21.E NAYS: Whereupon, the Mayor dec ared the follow' g Resolution duly adopted: RESOLUTION DI TING S E OF $ 2,700,000 TAXABLE URBAN NEW L REVENUE BONDS, SERIES 2012D WHEREAS, pursuant to notice required by law, bids have been received at public sale for the bonds described as,'` lows and the best bid received is determined to be the following: $ 2,700,000 TAXABLE AN RENEWAL REVENUE BONDS, SERIES `2012D: Bidder: Northland Securities of inneapolis, MN the terms of said bid being: Purchase Price% $ 2 True Interest Rate: Net Interest Cost: $ 1,118 , 818.43 NOW, THEREFORE, BE IT RESOLVED CITY OF IOWA CITY, STATE OF IOWA: THE CITY COUNCIL OF THE 1�5 Council Member introduced the followi Resolution entitled "RESOLUTION DIRE TING SALE OF $ TA LE URBAN RENEWAL REVENUE BONDS SERIES 20121)," and moved its a ption. Council Member econded the motion to adopt. e roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the ollowin Resolution duly adopted: RESOLUTION DIRECT G SALE OF TAXABLE URBAN WAL REV E UE BONDS, SERIES 2012D WHEREAS, pursuant to otice as required by law, ids have been received at public sale for the bonds descr' ed as follows and the best id received is determined to be the following: $ TAXABLE URBAN RENEW REVENUE BONDS, RIES 20121): Bidder: I of the terms of said d being: Purcha e Price: $ Tru nterest Rate: et Interest Cost: $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL F THE CI OF IOWA CITY, STATE OF IOWA: November 13, 2012 The City Council of the City of Iowa City, State of Iowa, met in special session, in 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, Throgmorton Absent: None - 1 - Council Member Mims. , moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Payne seconded the motion. The roll was called and the vote was, AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns NAYS: None Council Member Payne introduced the following Resolution entitled "A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS ", and moved its adoption. Council Member Mims seconded the motion to adopt. The roll was called and the vote was: AYES: Hayek. Mims, Payne, Throgmorton. Champion, Dickens, Dobyns NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 12 -491 A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,655,000 TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS -2- WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as "Issuer ", did heretofore adopt an urban renewal plan by Resolution No. 2157, passed and approved October 2, 1969 for the City- University Project I Urban Renewal Plan, as amended. Said plan, as amended, authorizes the undertaking of urban renewal projects in accordance therewith and Chapter 403 of the Code of Iowa, including the Project outlined herein; and WHEREAS, the City did, on December 11, 2001, adopt Ordinance No. 01 -3391 under which the taxes levied on the taxable property in the Urban Renewal Area shall be divided, and a special fund created under the authority of Section 403.19(2) of the Code of Iowa, as amended, (which special fund is hereinafter referred to as the "Urban Renewal Tax Revenue Fund" or the "Revenue Fund ") which fund is created in order to pay the principal of and interest on loans, monies advanced to or indebtedness whether funded, refunded, assumed, or otherwise, including bonds issued under the authority of Section 403.9(1) of the Code of Iowa, as amended, incurred by the City to finance or refinance in whole or in part authorized urban renewal projects in the City- University Project I Urban Renewal Plan Urban Renewal Area ( the "Area "), and pursuant to which Ordinances such Revenue Fund may be irrevocably pledged by the City for the payment of principal and interest on such indebtedness; and WHEREAS, the cost of carrying out the purposes and provisions of the Project, including the purposes set forth in Section 3 hereof is $2,655,000 and provision must now be made by the City to provide for the payment of such costs by the issuance of Bonds, which Bonds will be payable solely and only from incremental taxes under Iowa Code Section 403.19 produced by a portion of the City- University Project I Urban Renewal Plan; and WHEREAS, the notice of intention of the City to take action for the issuance of such Bonds has heretofore been duly published and no objections to such proposed action have been filed and it is now necessary and advisable that provisions be made for the issuance of Bonds in the amount of $2,655,000 Taxable Urban Renewal Revenue Bonds, Series 2012D, pursuant to the provisions of Section 403.9(1) of the Code of Iowa, payable solely from Net Revenues of the Urban Renewal Area; and WHEREAS, it is deemed necessary and advisable that Taxable Urban Renewal Revenue Bonds, Series 2012D, in the aggregate amount of $2,655,000 be issued for said purposes in accordance with the terms of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: -3- ♦ "Additional Bonds" shall mean any urban renewal revenue bonds or Bonds issued on a parity with the Bonds in accordance with the provisions of this Resolution. ♦ "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. ♦ "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. ♦ "Capitalized Interest Fund" shall mean a fund into which the sum of $38,086.03 shall be deposited from the Bond proceeds to pay interest on the Bond on June 1, 2013. ♦ "Bonds" shall mean $2,655,000 Taxable Urban Renewal Revenue Bonds, Series 2012, authorized to be issued by this Resolution. ♦ "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. ♦ "Clerk" shall mean the City Clerk, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. ♦ "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. ♦ "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. ♦ "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book -entry securities depository appointed for the Bonds. ♦ "Fiscal Year" shall mean the twelve -month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve -month period adopted by the Governing Body or by law as the official accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year. ♦ "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the Urban Renewal Area. ♦ "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. ♦ "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. ♦ "Net Revenues" of the Urban Renewal Area or Urban Renewal Area shall mean the Tax Increment Revenues available as are derived from or held in connection with the Urban Renewal Area. ♦ "Ordinance" shall mean Ordinance No. 01 -3991, as amended, of the City. ♦ "Original Purchaser" shall mean Northland Securities, Inc. of Minneapolis, Minnesota, the purchaser of the Bonds from Issuer at the time of their original issuance. ♦ "Parity Bonds" shall mean urban renewal revenue bonds, Bonds, or obligations, payable solely from the Net Revenues of the Urban Renewal Area on an equal basis with the Bonds herein authorized to be issued, and shall include any Additional Bonds as authorized to be issued under the terms of this Resolution. ♦ "Participants" shall mean those broker - dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. ♦ "Paying Agent" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. ♦ "Permitted Investments" shall mean any investments permitted in Iowa Code chapter 12B or section 12C.9. All interim investments must mature before the date on which the moneys are required for payment of principal and interest on the Bonds or project costs. -5- ❑ "Project Area" shall mean the portion of the City - University Urban Renewal Area. ❑ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. ❑ "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ❑ "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. ❑ "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Bonds and Parity Bonds; (b) 10% of the stated principal amount of the Bonds and Parity Bonds or (c) 125% of the average annual principal and interest coming due on the Bonds and Parity Bonds. For purposes of this definition: (1) "issue price" shall be substituted for "stated principal amount" for issues with original issue discount or original issue premium of more than a de minimus amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. ❑ "Resolution" shall mean this resolution authorizing the issuance of the Bonds. ❑ "Revenue Fund" shall mean the special fund Under Iowa Code Section 403.19 into which all Tax Increment Revenues of the Urban Renewal Area shall be deposited. ❑ "Tax Increment Revenues" shall mean the revenues received into the special tax fund created by the Ordinance and authorized by Section 403.19(2) of the Code of Iowa derived from the Urban Renewal Area. ❑ "Treasurer" shall mean the Finance Director of Iowa City, Iowa, or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. M ❑ "Urban Renewal Area" shall mean the City- University Project I Urban Renewal Plan as approved and amended by this Council previously, which may be amended from time to time in accordance with Chapter 403 of the Code of Iowa. ❑ "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under section 148(a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Resolution shall be issued pursuant to Section 403.9 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. Section 3. Authorization and Purpose. There are hereby authorized to be issued, non - negotiable, serial, fully registered Taxable Urban Renewal Revenue Bonds, Series 20121), of the City of Iowa City, in the County of Johnson, State of Iowa, in the aggregate amount of $2,655,000 for the purpose of undertaking the project. Section 4. Source of Payment. The City hereby pledges to the payment of interest of June 1, 2013, the Capitalized Interest Fund, and to the payment of principal and interest on the Bonds, Net Revenues of the Urban Renewal Area collected in the Revenue Fund and held in the Sinking Fund. The Bonds herein authorized and Parity Bonds and the interest thereon shall be payable solely and only out of the Net Revenues of the Urban Renewal Area. The Issuer hereby pledges the Net Revenues of the Urban Renewal Area, which shall be a first lien on the future Tax Increment Revenues of the Urban Renewal Area. The Bonds shall not be general obligations of the Issuer nor shall they be payable in any manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the Net Revenues of the Urban Renewal Area to be sufficient for the payment of the Bonds. The Bonds are hereby declared to be issued for essential public and governmental purposes for qualified urban renewal projects. The Bonds shall recite in substance that they have been issued by the City in connection with an urban renewal project as defined by Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. -7- Section 5. Bond Details. Taxable Urban Renewal Revenue Bonds, Series 2012D, of the City in the aggregate amount of $2,655,000 shall be issued pursuant to the provisions of Section 403.9 of the City Code of Iowa for the aforesaid purposes and in the respective amounts outlined in Section 3 hereof. The Bonds shall be designated as follows: "TAXABLE URBAN RENEWAL REVENUE BONDS, SERIES 2012D ", be dated November 29, 2012, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest payable on June 1, 2013 and semiannually thereafter on the 1 st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1 $130,000 1.00% 2016 $130,000 1.30% 2017 $135,000 1.60% 2018 $135,000 2.00% 2019 $140,000 2.10% 2020- $140,000 2.30% 2021 $145,000 2.40% 2022 $150,000 2.60% 2023 $150,000 2.80% 2024 $155,000 3.00% 2025 $160,000 3.20% 2026 $165,000 3.40% 2027 $170,000 3.60% 2028 $175,000 3.70% 2029 $185,000 3.70% 2030 $190,000 3.75% 2031 $200,000 3.90% 2032 Section 6. Redemption. Bonds maturing after June 1, 2021, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the Original Purchaser. Failure to give such notice by mail to the Purchaser of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of the principal amount is prepaid, the principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi- annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to -9- such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. -10- Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The Finance Director of Iowa City, Iowa, is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. The Bonds are negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar (d) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. - 11 - (e) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the Original Purchaser thereof or to its designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the interest payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Original Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the -12- Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Pang Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Bondholder. Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the forms attached hereto as Exhibit A. Section 14. Equality of Lien. The timely payment of principal of and interest on the Bonds and Parity Bonds shall be secured equally and ratably by the Net Revenues of the Urban Renewal Area without priority by reason of number or time of sale or delivery; and the Net Revenues of the Urban Renewal Area are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Bond Proceeds — Capitalized Interest Fund and Project Fund. Proceeds of the Bonds shall be applied as follows: ♦ An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Bonds. ♦ An amount equal to $38,086.03 shall be deposited in the Capitalized Interest Fund. ♦ The balance of the proceeds shall be deposited to the Project Fund and expended therefrom for the purposes of issuance. The Capitalized Interest Fund and Project Fund shall be invested in accordance with Section 18 of this Resolution. Earnings on investments of the Capitalized Interest Fund and Project Fund shall be deposited in and expended from the Capitalized Interest Fund and Project Fund, respectively. All amounts on hand in the Capitalized Interest Fund shall be used to pay interest on the Bonds on June 1, 2013. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds of the Net Revenues of the Urban Renewal Area shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law, the Internal Revenue Code and this Resolution. -13- Section 16. Debt Certification. After its adoption, a copy of this Resolution shall . be filed in the office of the County Auditor of Johnson County to evidence the pledging of the Net Revenues of the Urban Renewal Area and the portion of taxes to be paid into such fund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall thereafter allocate the taxes in accordance therewith and in accordance with the Ordinance referred to in the preamble hereof. It is hereby certified that subject to such limitations as provided by in Section 403.19 of the Code of Iowa, the annual amount to be certified on or before December 1 each year for collection in incremental taxes pursuant to Section 403.19(2) of the Code of Iowa, shall be not less than the maximum amount so collectible, as follows: Section 17. Application of Revenues. From and after the delivery of any Bonds, and as long as any of the Bonds or Parity Bonds shall be outstanding and unpaid either as to principal or as to interest, or until all of the Bonds and Parity Bonds then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the Net Revenues of the Urban Renewal Area shall be deposited as collected in a fund to be known as the 2012 TIF Revenue Bond Urban Renewal Revenue Fund (the "Revenue Fund "), and shall be disbursed only as follows: Wr "W� Fiscal Year (July 1 to June 30) Collectible Year of Collection $38 086.03 (No levy needed payable from capitalized interest) 2012/2013 $75,335.00 2013/2014 $75,335.00 2014/2015 $205,335.00 2015/2016 $204,035.00 2016/2017 $207,345.00 2017/2018 $205,185.00 2018/2019 $207,485.00 2019/2020 $204,545.00 2020/2021 $206,325.00 2021/2022 $207,845.00 2022/2023 $203,945.00 2023/2024 $2043745.00 2024/2025 $205,095.00 2025/2026 $204,975.00 2026/2027 $204,365.00 2027/2028 $203,245.00 2028/2029 $206,770.00 2029/2030 $204,925.00 2030/2031 $207,800.00 2031/2032 -14- (a) Sinking Fund. There is hereby established and shall be maintained a separate and special fund to pay the principal and interest requirements of the Fiscal Year on the Bonds and Parity Bonds. The fund shall be known as the City - University Project I Urban Renewal Plan Urban Renewal Area Revenue Bond Sinking Fund (the "Sinking Fund "). The required amount to be deposited in the Sinking Fund in any year shall be the amount necessary to pay in full the installment of interest coming due on the next interest payment date on the then outstanding Bonds and Parity Bonds plus the equal monthly amount necessary to pay in full the installment of principal coming due on such Bonds and Parity Bonds on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Bonds as the same shall become due and payable. (b) Reserve Fund. Money in the Revenue Fund shall next be disbursed to maintain a debt service reserve in an amount equal to the Reserve Fund Requirement. Such fund shall be known as the 2012 Urban Renewal Revenue Debt Service Reserve Fund (the "Reserve Fund "). In each month there shall be deposited in the Reserve Fund an amount equal to 25 percent of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the Reserve Fund Requirement, no further deposits shall be made into the Reserve Fund except to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance required above, such additional amounts shall be withdrawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Bonds and Parity Bonds for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (c) Subordinate Obligations. Money in the Revenue Fund may next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the Net Revenues of the Urban Renewal Plan, but subordinate to the Bonds and Parity Bonds, and which have been issued for the purposes of aiding, planning and undertaking urban renewal projects in the Urban Renewal Area. -15- (d) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, may be used for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis, and, if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of said funds or accounts, the deficiency shall be made up in the following month or months from appropriated Net Revenues of the Urban Renewal Area. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. Section 18. Investments. All of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2011, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided. All income derived from such investments shall be deposited in the Sinking Fund and shall be regarded as Net Revenues of the Urban Renewal Area. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 19. Covenants Regarding the Urban Renewal Area. The Issuer hereby covenants and agrees with each and every holder of the Bonds and Parity Bonds: (a) Maintenance in Force. The Issuer will maintain the Urban Renewal Area and the Ordinance in force and will annually certify indebtedness for the Project and cause the Tax Increment Revenues of the Urban Renewal Area to be collected and applied as provided in this Resolution. Provided, however, that to the extent that amounts are on hand and are sufficient to meet the payments required to be made and to maintain a sufficient balance -16- in each fund as required by this Resolution, the Issuer may adjust the certification for incremental taxes in any year. (b) Accounting and Audits. The Issuer will cause to be kept proper books and accounts of the Issuer adapted to the Urban Renewal Area and in accordance with generally relating accounting practices, and will cause the books and accounts to be audited as a part of the issuers general audit annually not later than 270 days after the end of each Fiscal Year by an independent auditor and will make generally available to the holders of any of the Bonds and Parity Obligations, the balance sheet and the operating statement of the Issuer as certified by such auditor. The Original Purchaser shall have at all reasonable times the right to inspect the Urban Renewal Area records, accounts and data of the Issuer relating thereto. It is further agreed that if the Issuer shall fail to provide the audits and reports required by this subsection, the Original Purchaser may cause such audits and reports to be prepared at the expense of the Issuer. The audit reports required by this Section shall include, but not be limited to, the following information: (i) A statement of Net Revenues collected in the special fund of the Urban Renewal Area; (ii) Analyses of each fund and account created hereunder, including deposits, withdrawals and beginning and ending balances; (iii) The minutes of the governing body of the Issuer for the Fiscal Year; and (iv) A general statement covering any events or circumstances which are perceived to affect the financial status of the Bonds. (c) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the Bonds required by the Constitution and laws of the State of Iowa, including the certification and collecting of indebtedness as above provided, and will segregate the Net Revenues of the Urban Renewal Area and apply said revenues to the funds specified in this Resolution. (d) The Issuer reserves the right to amend the Urban Renewal Area in its lawful discretion. Provided, the Issuer may amend the Urban Renewal Area by merging or combining with another such urban renewal area, but if urban renewal areas being combined with the Urban Renewal Area have obligations outstanding payable from the Incremental Tax Revenues of the Net Revenues available to pay the Bonds and all other obligations of the -17- merged area in the Fiscal Year in which the action takes place, computed on the same basis as provided in Section 21(b)(i) of this Resolution, shall be at least equal to 2 times the maximum combined debt service of the urban renewal areas in any Fiscal Year. The terms of merger of urban renewal areas may provide that the obligations of the combined urban renewal area, having the same lien position as existed in the separate urban renewal areas. In no event shall obligations resulting from a merger have any priority over the Bonds or Parity Bonds. Section 20. Remedies of Bondholder. Except as herein expressly limited the Original Purchaser shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of its Bonds and interest thereon, and of the pledge of the Net Revenues of the Urban Renewal Area made hereunder, and of all covenants of the Issuer hereunder. Section 21. Prior Lien and Parityonds. The Issuer covenants and agrees that, so long as the Bonds are outstanding, the Issuer will issue no other Bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property Net Revenues of the Urban Renewal Area having priority over the Bonds or Parity Bonds. Additional Bonds may be issued on a parity and equality of rank with the Bonds with respect to the lien and claim of such Additional Bonds to the Net Revenues of the Urban Renewal Area and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Bonds or Parity Obligations which shall have matured or which shall mature not later than three months after the date of delivery of such refunding Bonds and for the payment of which there shall be insufficient money in the Sinking Fund; (b) For the purpose of refunding any Bonds, Parity Obligations or Additional Bonds for qualified projects within the Urban Renewal Area, if all of the following conditions shall have been met: -18- (i) before any such Additional Bonds ranking on a parity are issued, there will have been procured and filed with the City Clerk, a statement of an Independent Auditor or independent financial consultant, not a regular employee of the Issuer, reciting the opinion, based upon necessary investigations including such information as may be required from the City Clerk, County Auditor, County Assessor and County Treasurer (the "Parity Report"), that the Tax Increment Revenues of the Urban Renewal Area for the Fiscal Year (in which the certificate is prepared) were equal to at least 2 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the Bonds or Parity Bonds for both principal of and interest on all Bonds or Parity Bonds then outstanding which are payable from the Net Revenues of the Urban Renewal Area, and the Additional Bonds then proposed to be issued. For all Bonds, Parity Bonds, or proposed Additional Bonds, the Parity Report must assume that the Issuer has appropriated funds for the payment of debt service in each Fiscal Year on said obligations through their respective final maturity. Additionally, if the Issuer has not requested 100% of the Tax Increment Revenues of the Urban Renewal Area for the current Fiscal Year, the Parity Report may adjust the Tax Increment Revenues of the Urban Renewal Area for said Fiscal Year to the maximum amount of Tax Increment Revenues that would have been collected had the Issuer requested to receive 100% of the available Net Revenues of the Urban Renewal Area; and (ii) the Additional Bonds must be payable as to principal and as to interest on the same month and day as the Bonds herein authorized. (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended more than eighteen months prior to the date of issuance of the Additional Bonds. Section 22. Not Qualified Tax- Exempt Obligations. _ The Bonds shall not be designated as qualified tax- exempt obligations as defined by Section 265(b) of the Internal Revenue Code of the United States, as amended. -19- Section 23. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall become due and payable; and (b) By depositing in trust with the Finance Director, or with a corporate trustee designated by the Governing Body for the payment of the obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which the obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Bonds or Parity Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 24. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the Original Purchaser and Parity Bonds, and after the issuance of any of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time all of the Bonds and Parity Bonds, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 25. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Bonds and Parity Bonds, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Bonds or Parity Bonds; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Bonds or Parity Bonds; -20- (b) to grant to or confer upon the holders of the Bonds or Parity Bonds any additional rights, remedies, powers or authority that may. lawfully be granted to or conferred upon the holders of the Bonds; (c) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (d) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 26. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by the Original Purchaser. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be mailed to the Original Purchaser by certified mail as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of the notice there shall be filed with the City Clerk an instrument or instruments executed by the Original Purchaser, which instrument or instruments shall refer to the proposed amendatory Resolution described in the notice and shall specifically consent to and approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Bonds and Parity Bonds. Any consent given by the Original Purchaser pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of such instrument by the Original Purchaser or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. -21- The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Bonds described in such certificate. Section 27. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 28. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and the City Clerk are hereby authorized to execute and deliver the same at issuance of the Bonds. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, 'Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 29. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. -22- PASSED AND APPROVED this 13th day of November, 2012. ATTEST: City Otrk Mayor -23- 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 15th day of November , 2012. *2&_i.� 71% ig� City Nefk, City of Iowa City, State of Iowa (SEAL) 00904287 -1 \10714 -113 Exhibit A REGISTERED STATE OF IOWA REGISTERED BOND NO. COUNTY OF JOHNSON $ CITY OF IOWA CITY TAXABLE URBAN RENEWAL REVENUE BONDS SERIES 2012D TAXABLE FOR FEDERAL INCOME TAX PURPOSES Rate Maturity Bond Date November 29, 2012 The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer "), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to CEDE & CO. or registered assigns, the principal sum of (Principal Amount Written Out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2013, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. THE HOLDERS OF THE BONDS SHOULD TREAT THE INTEREST AS SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provisions of Section 403.9 of the City Code of Iowa, as amended, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of an urban renewal project consisting of an economic development grant to Central Park, L.L.0 totaling $2,500,000, in conformity to a Resolution of the Council of the City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ( "DTC "), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. IW Bonds maturing after June 1, 2021, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by written notice to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until t +he total amount of Bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.83(5) of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. This Bond and the series of which it forms a part and any additional bonds or notes which may be hereafter issued and outstanding from time to time on a parity with the Bonds, as provided in the Bond Resolution of which notice is hereby given and is hereby made a part hereof, are payable from and secured by the Tax Increment Revenues of the City - University Project I Urban Renewal Plan (the "Urban Renewal Area "), as defined and provided in the Resolution, including the fund and portion of taxes to be paid into such fund as referred to and authorized by Section 403.19 of the Code of Iowa, as amended. There has heretofore been established and the City covenants and agrees that it will maintain in force the Ordinance providing for the division of incremental taxes within the Urban Renewal Area, and the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Bonds, and other bonds ranking on a parity therewith, as the same become due. This Bond is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by failure of the net earnings to be sufficient for the payment hereof. This Bond and the series of which it forms has been issued by the City in connection with an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action or proceeding involving the validity or enforceability of any bond issued hereunder or the security therefor, such Bonds shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of Chapter 403 of the Code of Iowa. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law. A -2 IN TESTIMONY WHEREOF, the City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its Clerk, with the seal of the City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Date of authentication: CITY OF IOWA CITY, STATE OF IOWA This is one of the Bonds described in the within mentioned Resolution, as registered by the City By: Controller Mayor CITY CONTROLLER, IOWA CITY, IOWA LOR Authorized Signature Registrar and Transfer Agent: City Controller Paying Agent: City Controller A -3 ATTEST: am City Clerk (SEAL) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: SIGNATURE) GUARANTEED) (Person(s) executing this Assignment sign(s) here) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or Bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST E Council Member moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Council Member entitled "A RESOLUTION AUTHORIZ AND SECURING THE PAYMENT OF $ REVENUE BONDS, SERIES 2012D, OF IOWA, UNDER THE PROVISIONS OF I PROVIDING FOR A METHOD OF PA adoption. Council Member roll was called and the vote was: AYES: NAYS: %ie following Resolution FOR THE ISSUANCE XAB AN RENEWAL IOWA CITY, STATE OF E OF IOWA, AND BONDS ", and moved its ded the motion to adopt. The Whereupon the N,YQyor declared the following Resolution duly A RES LUTION AUTHORIZING AND PROVIDING F THE SSUANCE AND SECURING THE PAYMENT OF $ TAXABLE URBAN RENEWAL REVENUE NDS, SERIES 2012D, OF THE CITY OF IOWA CITY, TATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE BONDS -2- WHEREAS, the City Council of the City of Iowa City, Iowa, sometimes hereinafter referred to as "Issuer ", did heretofore adopt an urban renewal pl� by Resolution No. 2157, passed and approved October 2, 1969 for the City- Project I Urban Renewal Plan, as amended. Said plan, as amended, aut orizes the undertaking of urban renewal projects in accordance therewith and C pter 403 of the Code of Iowa, including the Project outlined herein; and WHEREAS, the City did, on , under which the taxes levied on the taxable property in the Uj divided, and a special fund created under the authority of S of Iowa, as amen d, (which special fund is hereinafter re en Renewal Tax Reve ue Fund" or the "Revenue Fund ") pay the principal of d interest on loans, monies adv, funded, refunded, as\Plan erwise, including Section 403.9(1) of wa, as amended, refinance in whole orized urban re a Project I Urban Renan Renewal a ( i Ordinances such Reav be i rrevo ab of principal and interest on such inXebte4ftj�,_and WHEREAS, the cost of including the purposes set forte now be made by the City to uJ Bonds, which Bonds will be Code Section 403.19 Renewal Plan; and � opt Ordinance No. an Renewal Area shall be .on 403.19(2) of the Code ;d to as the "Urban and is created in order to or indebtedness whether ed under the authority of irred b e City to finance or projects i City- University 'Area "), and pursuant to which ;dged by the City for the payment RMs and provisions of the Project, is $ and provision must t of such costs by the issuance of v from incremental taxes under Iowa of the 0%y- University Project I Urban WHEREAS, th tice ntention of the City to \and r the issuance of such Bonds has heretofo duly published and no obch proposed action have been filed and it is no necessary and advisable that e made for the issuance of Bonds in the ount of $ Taxablwal Revenue Bonds, Series 2012D, p suant to the provisions of Sectiothe Code of Iowa, payable solely from N t Revenues of the Urban Renewal it is deemed necessary and advisable that Taxable U Revenue B onds, �eries 2012D, in the aggregate amount of $ be issui for said purposes in acc rdance with the terms of this Resolution. NOW /, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: -3- Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: ♦ "Additional Bonds" shall mean any urban renewal revenue bonds or Bonds issued on a parity with the Bonds in accordance with the provisions of this Resolution. / ♦ "Authorized thereof. " shall mean $5,000 or any integral multiple ♦ "Beneficial O er" shall mean the person in whose e such Bond is recorded as the benefici \$2, f a Bond by a Particip t on the records of such Participant or such persgee. ♦ "Bonds" shall me,000 Taxabl Aution. ewal Revenue Bonds, Series 2012, authorized ed by this $; ♦ " Cede & Co." shall mean successor nominee of DTC with ♦ "Clerk" shall mean the City er cf Governing Body as shall be b responsibilities. ♦ "Continuing Dis ate" sha Disclosure Cert' d by the Issuer an delivery oft onds, ri lly executed an to time in ac ance i the terms thereof. of DTC, and any officer of the successor the same duties and mean that certain Continuing dated the date of issuance and d s it may be amended from time ♦ "De posito s" shall mean the Bonds as sued in the form of one global certificat for each maturity, registered in the R gistration Books maintained by e Registrar in the name of DTC or its minee. ♦ "DT " shall mean The Depository Trust Company, New York, New York, a limited rpose trust company, or any successor book-en depository anvointe for the Bonds. ♦ "Fiscal Year" shall mean the twelve -month period beginning on July 1 of eac year and ending on the last day of June of the following year, or any other co secutive twelve -month period adopted by the Governing Body or by law as the o icial accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest -4- falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year. ♦ "Governing Body" shall mean the City Council of the City, or its uccessc in function with respect to the operation and control of the Urban Re ;Z Area. ♦ "Independent Auditor" shall mean an independent firm of rtified Public Accountants or the Auditor of State. ♦ "Issuer" an "City" shall mean the City of Iowa City, tate of Iowa. ♦ "Net Revenue " of the Urban Renewal Area or Ur an Renewal Area shall mean the Tax Incremen evenues available as are d ed from or held in connection with the Urban enewal Area. ♦ "Ordinance" shall mean ♦ "Original Purchaser" shall mi , the purchaser original issuance. ♦ "Parity Bonds" obligations, payable si an equal basis with thi Additional Bonds as a ♦ "Par institutions Nt &l- of the City. OF of from Issuer at the time of their Offn vM revenue bonds, Bonds, or Rev ues of the Urban Renewal Area on orize to be issued, and shall include any sued and the terms of this Resolution. Bonds as securities banks and other financial ♦ "Paying Ag7hein a mean the City Controller of I wa City, Iowa, or such successor as may be ved by Issuer as provided herein d who shall carry out the duties prescribed as Issuer's agent to provide for th payment of principal of and inter n the Bonds as the same shall becom due. ♦ "Permitted vestments" shall mean any investments permi ed in Iowa Code chapter 12 or section 12C.9. All interim investments must ature before the dat/or the moneys are required for payment of principal a d interest on the Boect costs. hall mean paying costs of aiding in the planning, unde ing and caf an urban renewal project consisting of an economic develo t to Central Park, L.L.C., and related costs. -5- ♦ "Project Area" shall mean the portion of the City- University U: Renewal Area. / ♦ "Project Fund" shall mean the fund required to be establis ed by this Resolution for the deposit of the proceeds of the Bonds. ♦ "Registrar" shall mean the City Controller of Iowa C' y, Iowa, or such successor as may be approved by Issuer as provided herey and who shall carry out the duties prescribed herein with respect to maintainingA register of the owners of the Bonds. (nless otherwise specified, the Registrars all also act as Transfer Agent for th Bonds. ♦ "Representation Letter" shall mean the B Representations exec ed and delivered by the ♦ "Reserve Fund" sh 1 mean the spe fu 403.19 into which all Tax In ement Re es be deposited. ♦ "Reserve Fund RE (a) the maximum annual Bonds and Parity Bonds Parity Bonds or (c) 1 on the Bonds and Parit shall be substit " discount or o ' nal iss stated princi mount advance refun v a � ♦ "Resolution" Bonds. Letter of on file with DTC. Under'Nwa Code Section he Urban Renewal Area shall emen 71 amount equal to the lesser of t of 1 1 and interest coming due on the o f ated principal amount of the Bonds and era ual principal and interest coming due ose f this definition: (1) "issue price" principal amoun " for issues with original issue m of more than de minimus amount and (2) not include any porti n of an issue refunded or anent issue. mean this resolution authorizhaa the issuance of the ♦ "Tax Incre ent Revenues" shall mean the revenues re eived into the special tax fund feated by the Ordinance and authorized by S tion 403.19(2) of the Code of lo derived from the Urban Renewal Area. ♦ " I urer" shall mean the Finance Director of Iowa City, Io a, or such other offic as shall succeed to the same duties and responsibilities wi respect to the recor ng and payment of the Bonds issued hereunder. ♦ "Urban Renewal Area" shall mean the City- University Project I Urban Renewal Plan as approved and amended by this Council previously, which may be amended from time to time in accordance with Chapter 403 of the Cyde of Iowa. ♦ "Yield Restricted" shall mean required to be invested at ield that is not materially higher than the yield on the Bonds under section 1 (a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Bonds authorized by this Reso tion shall be issued pursuant to Se tion 403.9 of the Code of Iowa, and in compli ce with all applicable provisions of thh Constitution and laws of the State of Iowa Section 3. Authorization and Pur ose. There are re authorized to be issued, non - negotiable, seria ,fully registered Taxable Urban e al Revenue Bonds, Series 2012D, of the City of Io a City, in the County of Jo ft f Iowa, in the aggregate amount of $ for the purpose the project. Section 4. Source of Pa ent. The City eby 'edges to the payment of principal and interest on the Bon s, Net Reve e e Urban Renewal Area collected in the Revenue Fund and held in t Si und. Bonds herein authorized and Parity Bonds and the interest thereo ha e s ly and only out of the Net Revenues of the Urban Renewal a. r y pledges the Net Revenues of the Urban Renewal Area, whic lien on the future Tax Increment Revenues of the Urban Rene Are he ds shall not be general obligations of the Issuer nor shall they be payab by taxation and the Issuer shall be in no manner liable by reaso fa e of the Ne evenues of the Urban Renewal Area to be sufficient for the men t e ds. The rids are hereby declared to be issued for essential public gove tal purposes for alified urban renewal projects. The Bonds shall r substance that they hav been issued by the City in connection with an urban r ewal project as defined by C pter 403 of the Code of Iowa, and in any suit, action or oceeding involving the validity o enforceability of any bond issued hereunder or the curity therefor, such Bonds shall be nclusively deemed to have been issued for s h purpose and such project shall be conc lively deemed to have been planned, locate nd carried out in accordance with the provi ' ns of Chapter 403 of the Code of Iowa. -7- Section 5. Bond Details. Taxable Urban Renewal Revenue Bonds, Series 2012D, of the City in the aggregate amount of $ shall be issued pursuant to the provisions of Section 403.9 of the City Code of Iowa for the aforesaid p oses and in the respective amounts outlined in Section 3 hereof. The Bonds shall be d ignated as follows: "TAXABLE URBAN RENEWAL REVENUE BONDS, SERI 2012D ", be dated November 29, 2012, and bear interest from the date thereof, until ayment thereof; at the office of the Paying Agent, the interest payable on June 1, 2013 d semiannually thereafter on the 1 st day of June and December in each year until in urity at the rates hereinafter provided. The Bonds hall be executed by the manual or facsimile ignature of the Mayor and attested by the anual or facsimile signature of the City Jerk, and impressed or printed with the seal the City and shall be fully registere to both principal and interest as provided in t ' Resolution; principal, interest premium, if any shall be payable at the office of the aying Agent by mailing o \toutl e registered owner of the Bond. The Bonds shall be ' the denomination o ,00iples th ereof. The Bonds shall mature and bear int est as follows: Principal Interest Maturity Amount I&& e June 1 $120,000 'IRV 2016 $120,000 2017 $125,000 2018 $130,000 2019 $135,000 2020 $140,0 2021 $145, 2022 $150,00 2023 $155,000 2024 $160,000 2025 $165,000 2026 $170,000 2027 $180,000 028 $190,000 2 9 $195,00 203 $205,0 0 2031 $215 00 2032 Section . Redemption. Bonds maturing after June 1, 2021, may be call for redemption by he Issuer and paid before maturity on such date or any date there ter, from any fun s regardless of source, in whole or from time to time in part, in any o der of -8- maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the Original Purchaser. Failure to give such notice by mail to the Purchaser of the Bonds r any defect therein shall not affect the validity of any proceedings for the red ion of the Bonds. All Bonds or portions thereof called for redemption will cease to b air interest after the specified redemption date, provided funds for their redemption a on deposit at the place of payment. If selection by lot within a maturity is required, the Registr shall designate the Bonds to be redee ed by random selection of the names of the r istered owners of the entire annual maturi until the total amount of Bonds to X d has been reached. Section 7. Issu e of Bonds in Book -Ent Fo cement Bonds. (a) Notwithstandi the other provisio f t s Resol regarding registration, ownership, trans payment and Vanf the Bonds, unless the Issuer determines to permit the exchan of Depository or Bonds in the Authorized Denominations, the Bonds shall bed entire principal amount of each matt is prepaid, the principal amount legs shall be registered in the name annual interest for any Depo . B Clearing House or equi payment date for the Letter. Id (b) With res shall have any responsibi Without limiting the imn Agent shall have any rest records of DTC or its not interest in the Bonds, (ii) other person, other than) the payment to any I DTC or its nominee, interest on the Bony notification on beVal Bonds in denominations of the portion of the principal amount ); and such Depository Bonds as nominee of DTC. Payment of semi - made by wire transfer or New York ►the account of Cede & Co. on the interest ,a din or pursuant to the Representation to D itory Bonds, neither he Issuer nor the Paying Agent o ligation to any Particip t or to any Beneficial Owner. t preceding sentence, neith the Issuer nor the Paying ns' ility or obligation with respect o (i) the accuracy of the e or of any Participant with respec to any ownership e delivery to any Participant, any Ben icial Owner or any 'C or its nominee, of any notice with res ct to the Bonds, (iii) )ant, any Beneficial Owner or any other pe on, other than T any amount with respect to the principal of, or (iv) the failure of DTC to provide any infc of any Participant or Beneficial Owner. hum, if any, or io or The Iss er and the Paying Agent may treat DTC or its nominee as, and or its nomino to be, the absolute owner of each Bond for the purpose of payn DTC 'the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as ay be applicable thereto). The Paying Agent shall pay all principal o/hn ium, if an and interest on the Bonds only to or upon the order of the Bondholshown the Registration Books, and all such payments shall be valid and e to fu satisfy and discharge the Issuer's obligations with respect to the principal iu , if any, and interest on the Bonds to the extent so paid. Notwithstanding thsi s of this Resolution to the contrary (including without limitation those s relating to the surrender of Bonds, registration there of, and issuance in Authenominations), as long as the Bonds are Depository Bonds, full effect shall be gihe Representation Letter an the procedures and practices of DTC thereunder, aying Agent shall comply the ewith. (c) Up Ni) a determination by the Issuer a`t D o longer able to carry out its functions or i therwise determined unsa ' cto , or (ii etermination by DTC that the Bonds are no to er eligible for its de ory ices or (iii) a determination by the Paying Agent that DT as resigned or disco d its services for the Bonds, if such substitution is authorize by law, t er sh ) designate a satisfactory substitute depository as set fort elow o 1W aqjqmw-c t substitute is not found, (B) provide for the exchange of Depos ry Bo r cement Bonds in Authorized Denominations. (d) To the extent exchange of Deposito so notify the Payin ent unauthenticated Bo to b owners of the Bonds I Owners are designated a appropriate form, content a their interests appear. I the Issuer determines to provide for the end in A horized Denominations, the Issuer shall vide the gistrar with a supply of executed ged. The Re ' trar shall thereupon notify the such exchange, to the extent that the Beneficial ee by the owners, th Bonds will be delivered in -ized Denominations to e Beneficial Owners, as (e) Any sub e depository shall be designated in write by the Issuer to the Paying Agent. Any such ubstitute depository shall be a qualified an egistered "clearing agency" as provided i ection 17A of the Securities Exchange Act of 34, as amended. The substitute depos' ory shall provide for (i) immobilization of the Dep it Bonds, (ii) registration an ransfer of interests in Depository Bonds by book entri made on records of the de sitory or its nominee and (iii) payment of principal of, pr ium, if any, and intere on the Bonds in accordance with and as such interests may a ear with respect to suc ,X book entries. -10- Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by th making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The Finance Director of Io City, Iowa, is hereby appointed as Bond Registrar under the terms of this Res ution and under the provisions of a separate agreement with the Issuer filed erewith which is made a part hereof by this reference. Registrar shall maint n the books of the Issuer for the registration of ownership of the Bonds for th payment of pr. . 1 of and interest on the Bonds as provided in this Reso tion. The Bonds are neg iable as provided in Article 8 of the Uniform Com rcial Code and Section 3 .83(5) of the Code of Iowa. (b) Tran r. The ownership of any Bon e transferred only upon the Registration Book ept for the registration ran a Bonds and only upon surrender thereof at t office of the Regi tog er wi assignment duly executed by the holder o his duly auth d a ey in fact in such form as shall be satisfactory to the Regi ar, along with ddress and social security number or federal employer identific to be made in the name of n event that the address of the owner which is the nomi or dealer, there must isc pertaining to the regis Bond, a new ful Dj�Ltej permitted by and unredee pbearing interes delivered by the WAiker o jLtransferee (or, if registration is Wall such transferees). In the e a Bond (other than a registered er or dealer in question) is that of a broker egistration Books the information lre \do!nination . Upon the transfer of any such of any or denominations °egate I al amount equal to the unmatured nt of such transfaed fully registered Bond, and and maturing on th same date or dates shall be (d) Cancellatiuk All Bonds which have been redeeRied shall not be reissued but shall b cancelled by the Registrar. All Bonds ich are cancelled by the Registrar shal e destroyed and a certificate of the destru ion thereof shall be furnished prom y to the Issuer; provided that if the Issuer sha so direct, the Registrar shal orward the cancelled Bonds to the Issuer. -11- (e) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to t e Paying Agent or is not presented for payment of principal at the maturity o redemption date, if funds sufficient to pay such principal of or interest o onds shall have been made available to the Paying Agent for the benefit of t e owner thereof, all liability of the Issuer to the owner thereof for such intere or payment of such Bonds shall forthwith cease, terminate and be completely scharged, and thereupon it shall be the duty of the Paying Agent to hold such f ds, without liability for interest thereon, for the benefit of the owner of su Bonds who shall thereafter be restricted exclusively to such funds for any clai of whatever nature on his part under this Resolution or on, or with respect to, ch interest or Bonds. The k ying Agent's obligation to hold such funds shall c tinue for a period equal to two ears and six months following the date on w ' such interest or principal became whether at maturity, or at the date fix r redemption thereof, or otherwise, a\hich time the Paying Agent, shal er any remaining funds so held to the Ihereupon any claim and hi es ion by the Owners of such interest ds of whatever nature A[ll made the Issuer. Section 9. Reissuance o utilated Destr tolen or Lost Bonds. In case any outstanding Bond shall become tilate e d t d, stolen or lost, the Issuer shall at the request of Registrar authentica an e eWBond of like tenor and amount as the Bond so mutilated, destroyed st n , i change and substitution for such mutilated Bond to Registrar, up such mutilated Bond, or in lieu of and substitution for the Bond des ed, e o t, upon filing with the Registrar evidence satisfactory to the Registrar Bond has been destroyed, stolen or lost and proof of ownershi f, on furnis ' g the Registrar and Issuer with satisfactory indemn' d co yi ith such of r reasonable regulations as the Issuer or its agent may pr be and p g such expenses the Issuer may incur in connection therewith. Section 10. Record Mte. Payments of principal an ' terest, otherwise than upon full redemption, made in r pect of any Bond, shall be made the Original Purchaser thereof or to its designat d agent as the same appear on the bo \Bond e Registrar on the 15th day preceding th ayment date. All such payments shalcharge the obligations of the Is s er in respect of such Bonds to the extenayments so made. Payment of princip I shall only be made upon surrender of ththe Paying Agent. Section Execution, Authentication and Delivery of the Bonds. on the adoption of s Resolution, the Mayor and Clerk shall execute and deliver Ne Bonds to the Registr , who shall authenticate the Bonds and deliver the same to or up o order of the Origi 1 Purchaser. No Bond shall be valid or obligatory for any purpose or all be entitled o any right or benefit hereunder unless the Registrar shall duly endorse a -12- execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issu( under this Resolution and that the holder thereof is entitled to the benefits of this / Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer eserves the right to name a substitute, successor Registrar or Paying Agent upon giv' g prompt written notice to each registered Bondholder. Section Form of Bond. Bonds shall be printed in substanti compliance with standards propos by the American Standards Institute substantia in the forms attached hereto as hibit A. Section 14.Equality c the Bonds and Parity Bon the Urban Renewal Area wi and the Net Revenues of the timely payment of both prim Section 15. Applicat shall be applied as follows: ♦ An amount eqi for application nw.-M ♦ The balan expended )f Lien. The timely payme cipal of and interest on shall be secured equal' d to NOY he N et Revenues of out priority by reas f ber e of sale or delivery; Or,ban Renewal are by irrevocably pledged to the �ipa and interest as t e become due. Proceeds of the Bonds t shall be deposited in the Sinking Fund of interest on the Bonds. be deposited in the Capitalized proceeds shall be depo 'led to the Project Fund and a for the purposes of issu ce. The Project Fund hall be invested in accordance with ction 18 of this Resolution. Earnings investments of the Project Fund shall b eposited in and expended from the P of ect Fund. Any amounts on hand in the Prod t Fund shall be available for the p ment of the principal of or interest on the Bonds t any time that other funds of th et Revenues of the Urban Renewal Area shall be i ufficient to the purpose, in wh' event such funds shall be repaid to the Project Fund at a earliest opportunity. ny balance on hand in the Project Fund and not immediately equired for its purpose ay be invested not inconsistent with limitations provided by la the Internal venue Code and this Resolution. -13- Section 16. Debt Certification. After its adoption, a copy of this Resolutio shall be filed in the office of the County Auditor of Johnson County to evidence the Oedging of the Net Revenues of the Urban Renewal Area and the portion of tax/iNcordance b paid into such fund and, pursuant to the direction of Section 403.19 of the Code , the Auditor shall thereafter allocate the taxes in accordance therewith and with the Ordinance referred to in the preamble hereof. It is hereby certified that subject to such limitations as provi ed by in Section 403.19 of th Code of Iowa, the annual amount to be certified on r before December 1 each year for llection in incremental taxes pursuant to Sectio 403.19(2) of the Code of Iowa, shall be less than the maximum amount so collectib e, as follows: Section 17. ADblication of Revenues. From and and as long as any of the onds or Parity Bonds shall 1 to principal or as to interestNpr until all of the Bonds shall have been discharged aN satisfied in the ma Net Revenues of the Urban Re wal Area shall b ep known as the 2012 TIF Revenue nd Urban ewa Fund "), and shall be disbursed only X follows: Amount Collectible -14- Pdelivery of any Bonds, tanding and unpaid either as ky Bonds then outstanding this Resolution, the as ZWcted in a fund to be iue Fund (the "Revenue War (July 1 to June 30) Year of Collection 2012/2013 2013/2014 2014/2015 2015/2016 16/2017 20 /2018 2018 019 2019/2 0 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 (a) Sinking Fund. There is hereby established and shall be maintained a separate and special fund to pay the principal and interest requirements f the Fiscal Year on the Bonds and Parity Bonds. The fund shall be known the City - University roject I Urban Renewal Plan Urban Renewal Area Reve ue Bond Sinking Fu (the "Sinking Fund "). The required amount to be de sited in the Sinking Fun in any year shall be the amount necessary to pay i full the installment of i erest coming due on the next interest paymen date on the then outstanding Bon and Parity Bonds plus the equal monthly mount necessary to pay in full the insta ent of principal coming due on suc onds and Parity Bonds on the next su eeding principal payment date the full amount of such installment is on hand. for any reason the amount o and in the Sinking Fund exceeds the required am t, the excess shall fort be withdrawn and paid into the Revenue Fund. M ey in the Sinking F 1 be used solely for the purpose of paying principal and interest o on the same shall become due and payable. (b) Reserve Fund. Money in the R e Fund shall next be disbursed to maintain a debt service reserve in nt 1 to the Reserve Fund Requirement. Such fund shall be 2 Urban Renewal Revenue Debt Service Reserve Fund he "R u . In each month there shall be deposited in the Reserve t equal to 25 percent of the amount required by this Reso n to po in such month in the Sinking Fund; provided, however, tha nt deposit in the Reserve Fund shall be not less than the e equirement, no further deposits shall be made into the Reserve F exce o tain such lev , and when the amount on deposit in the Reser and is er than the balance quired above, such additional amounts shall ithdr and paid into the Re nue Fund. Money in the Reserve Fund sha ed solely for the purpose paying principal at maturity of or interest on the nds and Parity Bonds for the yment of which insufficient money shall be ava' able in the Sinking Fund. Whene r it shall become necessary to so use money i the Reserve Fund, the payments requ' ed above shall be continued or res med until it shall have been restored to t required minimum amount. (c) ubordinate Obligations. Money in the Revenue Fun may next be used to pay pr' cipal of and interest on (including reasonable reserves ere or) any other o ligations which by their terms shall be payable from the t Revenues of the an Renewal Plan, but subordinate to the Bonds and Parity B nds, and w 'ch have been issued for the purposes of aiding, planning and and aking an renewal projects in the Urban Renewal Area.. -15- (d) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, may be used for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which said funds are listed, on a cumulative basis, and, if in any month the money in the Revenue Fund shall be insufficient to deposit or t sfer the required amount in any of said funds or accounts, the deficiency shall be ma up in the following month or months from appropriated Net Revenues of the Urban Ren&val Area. i The provisions of this Se 'on shall not be construed equire a Issuer to maintain separate bank accounts fo the funds created by Sectio ;except the Sinking Fund shall be maintained in a separa account but ma st in conjunction with other funds of the City but designated a trust fun the b and records of the City. _ Section 18. Investments. All of the invested only in Permitted Investments°� members of the Federal Deposit Insuranc the deposits in which are insured th reby amount insured from time to ti I1 financial institution shall be inuo WQd by this Resolution may be nancial institutions which are 5n'W its equivalent successor, and deposits exceeding the maximum iivalent successor in any one compliance with Chapter 12C of the Code of Iowa, 2011, as amen ny a \asrein edge of direct obligations of the United States Gove h an uivalent value. All such interim investments shall m e be e on which teys are required for the purposes for which fund wa reat d or otherwis provided. All income derivesu investments shall be de sited in the Sinking Fund and shall be regarded as Ne ev nues of the Urban Renewal A ea. Investments shall at any time necessary be liquidat and the proceeds thereof applie to the purpose for which the respective fund w created. Section 19. Cc covenants and agrees Urban each and every holder of the Bonds and P hereby (a) Maint ance in Force. The Issuer will maintain the Urban Red wal Area /and a Ordinance in force and will annually certify indebtedness or the t and cause the Tax Increment Revenues of the Urban Rene Area ollected and applied as provided in this Resolution. Provided, er, that to the extent that amounts are on hand and are sufficient to -16- meet the payments required to be made and to maintain a sufficient balance in each fund as required by this Resolution, the Issuer may adjust e certification for incremental taxes in any year. (b) Accounting and Audits. The Issuer will cause to be kept pr er books and accounts of the Issuer adapted to the Urban Renewal Are d in accordance with generally relating accounting practices d will cause the books and accounts to be audited as a part of the issue general audit annually not later than 270 days after the end of eac Fiscal Year by an independent auditor and will make generally avail le to the holders of any of the Bonds and Parity Obligations, the balance heet and the operating state ent of the Issuer as certified by such au ' or. The Original Purchaser sha l have at all reasonable times the right to ect the Urban Renewal Area ecords, accounts and data of the Iss sting thereto. It is further agree that if the Issuer shall fail to prov' udits and reports required by this bsection, the Original Purch r may e such audits and reports to e prepared at the expen the Issuer. e audit reports required b this Section shall inc , b t be limited to, the following information: (i) A statem t of Net 11 d in the special fund of the Urban Renewal a :_ (ii) AnalysleAF ea6WIbnd aALaccount created hereunder, including deposits, withd%WMAWing and ending balances; (iii) mine gl�ruing body of the Issuer for the Fiscal Year; (iv) A gZWtatement cover g any events or circumstances which are perceived to ect the financial staXas of the Bonds. (c) /eprovided, . The Issuer will faithfully nd punctually perform all duties nce to the Bonds required by he Constitution and laws of the wa, including the certification d collecting of indebtedness as and will segregate the Net evenues of the Urban Renewal pply said revenues to the funds sp ified in this Resolution. (d) The Issuer reserves the right to amend the Urban enewal Area in its lawful discretion. Provided, the Issuer may amen he Urban Renewal Area by merging or combining with another such ur renewal area, but if urban renewal areas being combined with the Urban R ewal Area have -17- obligations outstanding payable from the Incremental Tax, Revenues of the Net Revenues available to pay the Bonds and all other obli/ee ations of the merged area in the Fiscal Year in which the action takes ppute on the same basis as provided in Section 21(b)(i) of this R, s 11 be at least equal to 1.25 times the maximum combined dethe urban renewal areas in any Fiscal Year. The terms of mean renewal areas may provide that the obligations of the co man renewal area, having the same lien position as existed in te urban renewal areas. In no event shall obligations resulting fror have any priority over the Bonds or Parity Bonds. Section 20. Remedies of Bondholder. Except as herein expre ly limited the Original Purch er shall have and possess all the rights of ac ' n d remedies afforded by the common w, the Constitution and statutes of the S of owa, and of the United States of America, or the enforcement of payment of ' %Arde d interest thereon, and of the pledge of the et Revenues of the Urban Ren al hereunder, and of all covenants of the Is,, Section 21. long as the Bonds are outstz any kind or nature payable i of the Urban Renewal Area Additional Bonds in with respect to the lien and Urban Renewal Area auM for the following pu es (a) For which shall have the date of delivery shall be insufficient (b) For the Additional Bonds the following cor$ ' arity Bonds. X�e*Onds covenants and agrees that, so the Is iother Bonds or obligations of enjoy on the property or revenues ,pLriorit v or Parity Bonds. I ity and equality of rank with the Bonds tonal Bonds to the Net Revenues of the on d osit in the funds adopted by this Resolution, l o \aof ditions, but not otherwise: �f efui ie Bonds or Parity Obligations hich s not later than three months after refunding for the payment of which there in the Sin pose of refunding any Bond qualified projects within the ►ns shall have been met: -18- arity Obligations or kan Renewal Area, if all of (i) before any such Additional Bonds ranking on a parity are 'ssuec there will have been procured and filed with the City Clerk, a state4fient of an Independent Auditor or independent financial consultant, not/A regular employee of the Issuer, reciting the opinion, based upon nece ary investigations including such information as may be require from the City Clerk, County Auditor, County Assessor and County Tre urer (the "Parity Report"), that the Net Revenues of the Urban Renewal rea for the Fiscal Year (in which the certificate is prepared) were equal o at least 1.25 times the maximum amount that will be required in any F' cal Year prior to the longest maturity of any of the Bonds or Parity Bo ds for both principal of and interest on all Bonds or Parity Bonds then tstanding which are payable from the Net Revenues of the Urban enewal Area, and the Additional Bonds then proposed to be issue r all Bonds, Parity Bonds, or proposed Additional Bonds, the Parity, must assume that the Issuer has appropriated funds for the pa debt service in each Fiscal ar on said obligations through their pectiv al maturity. Ad ' Tonally, if the Issuer has not r ested 100% e Net Revenues of the Ur Renewal Area for the ent Final Year the Parity Report may adjust th Net Revenues of the the maxim amount that requested to r eive 100% Renewal Area; d _ (ii) the interest on the Tal Area for said Fiscal Year to collected had the Issuer let Revenues of the Urban ist be payable as to principal and as to as the Bonds herein authorized. for u�es o his Section, principal and interest falling due o e first f a Fiscal ar shall be deemed a requirement of the immedi pr c ng Fiscal Yea . (iv) f urposes of this Section, ' receding Fiscal Year" shall be the most rece y completed Fiscal Year for ich audited financial statements prepared y a certified public accountant are ' sued and available, but in no event a iscal Year which ended more than eig een months prior to the date o issuance of the Additional Bonds. Section 2 . Not Qualified Tax - Exempt Obligations. The Bon shall not be designated as #alified tax - exempt obligations as defined by Section 2 (b) of the Internal Reveifue Code of the United States, as amended. -19- Section 23. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged d satisfied with respect to the Bonds and Parity Bonds, or any of them, in any one or ore of the following ways: (a) By paying the Bonds or Parity Bonds when the same shall ecome due and payable; and (b) By depositing in trust with the Finance Director, or ith a corporate trustee designated by the Governing Body for the payment o the obligations and irrevocably appropriated exclusively to that purpose an unt in cash or direct obligations of the United States the maturities and inco of which shall be sufficient to etire at maturity, or by redemption prior maturity on a designated date upon wh h the obligations may be redeemed of such obligations outstanding at t time, together with the intere n to maturity or to the designated redemp 'on date, premiums there if y may be payable on the redemption of the sa ; provided that pro n ice of re ption of all such obligations to be redee d shall have b shall have been made for s ch publication. Upon such payment or deposit bkI manner provided by this Section, al liab Parity Bonds shall cease, deter be thereof shall be entitled only ay t o published or provisions W OMes, or both, in the amount and er with respect to the Bonds or .ely discharged, and the holders money or securities so deposited. Section 24. Res a t. The prove 'ons of this Resolution shall constitute a contract veen Is and the Origi 1 Purchaser and Parity Bonds, and after the issuance o of the s no change, variati or alteration of any kind in the provisions of this Res on s be made in any manner, xcept as provided in the next succeeding Section, unti a all of the Bonds and Para Bonds, and interest due thereon, shall have been sat ed and discharged as provided i his Resolution. Section 25. Amenduient of Resolution Without Consent. The ssuer may, without the consent of or notice t any of the holders of the Bonds and Parity nds, amend or supplement this Resol on for any one or more of the following purpos (a) to ure any ambiguity, defect, omission or inconsistent \howe his Resolution r in the Bonds or Parity Bonds; or to comply with any provisio f law or regulation of federal or state agencies; providehat such ac on shall not materially adve rsely affect the interests of the Bonds or Parity Bonds; -20- (b) to grant to or confer upon the holders of the Bonds or Pari onds any additional rights, remedies, powers or authority that may lawfully be anted to or conferred upon the holders of the Bonds; (c) to add to the covenants and agreements of the Issuer c tained in this Resolution other covenants and agreements of, or conditions or estrictions upon, the Issuer or to surrender or eliminate any right or power rese ed to or conferred upon the Issuer in this Resolution; or (d) to ubject to the lien and pledge of this Res olu on additional pledged revenues as m be permitted by law. Section 26. Amend nt of Resolution Requiring C t. This Resolution may be amended from time to time i uch amendment shall hav n consented to by the Original Purchaser. Whenever the Issuer shall pro ose to ame is ResolutiM under the provisions of this Section, it shall cause notice of e prop dment to be mailed to the Original Purchaser by certified mail as sh wn by cords of the Registrar. Such notice shall set forth the nature of the proposed en shall state that a copy of the proposed amendatory Resolution is on fil ce the City Clerk. Whenever at any time w' y a rom he date of the mailing of the notice there shall be filed with the ' Cler ins en r instruments executed by the Original Purchaser, which ins me nts s 11 refer to the proposed amendatory Resolutio e t e notice and shall ecifically consent to and approve the adoptio ereo , re , but not otherwise, the Governing Body of the Issuer may adopt s amendat esolution and such Res tion shall become effective and binding the ders of all of the Bonds and arity Bonds. Any consent given b e Original Purchaser pursuant to th rovisions of this Section shall be irrevocable or a period of six months from the date f the instrument evidencing such consent d shall be conclusive and binding upon all ture holders of the same Bond during s period. Such consent may be revoked at any 'me after six months from the date o such instrument by the Original Purchaser or by a uccessor in title by filing notice o such revocation with the City Clerk. The f/beoved date of the execution of any instrument under the provision of this Section may by the certificate of any officer in any jurisdiction who b he laws thereof orized to take acknowledgments of deeds within such jurisdicti that the person si uch instrument acknowledged before him the execution thereof, r -21- may be proved by an affidavit of a witness to such execution sworn to before officer. The amount and numbers of the Bonds held by any person executin such instrument and the date of his holding the same may be proved by an affiPfivit by such person or by a certificate executed by an officer of a bank or trust comp y showing that on the date therein mentioned such person had on deposit with such 7k or trust company the Bonds described in such certificate. Section 27. Severability. If any section, paragraph, or provision of this Resolution shall b eld to be invalid or unenforceable for any reason, the ' validity or unenforc bility of such section, paragraph or provision shall of affect any of the remaining p visions. Section 28\Continuinjz Disclosure. The Issuer venants and agrees that it will comply with an carry out all of the provisions e Co ing Disclosure Certificate, and the pr visions of the Continuing osure Ce to are hereby approved and incorpora by reference as part is olution and made a part hereof and the Mayor and the Cit lerk are hereby aut to execute and deliver the same at issuance of the Bonds. Not . of the Issuer to comply with the an event of default under this Ri Owner may take such actions ar specific performance by cou under the Continuing Disclos Owner" means any per c consent with respec , or to holding Bonds thro nomine as the owner of any B fo Section 29. RE All other ordinances, provisions of this Re Resolution shall beA the her vision of this Resolution, failure e rtificate shall not be considered „r, holder of the Bonds or Beneficial y and appropriate, including seeking Issuer to comply with its obligations purposes of this Section, 'Beneficial er, directly or indirectly, to vote or ip of, any Bonds (including persons depositories orNgl er intermediaries), or (b) is treated -ral income tax Ordinances or Resolutions and Effectivf olutions and orders, or parts there in conflict with the lution are, to the extent of such conflic hereby repealed; and this effect from and after its adoption. -22- PASSED AND APPROVED this 13th day of November, 2012. CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of certify that attached is a true and complete copy of the portion of the c the City showing pr ceedings of the City Council, and the same is a tr copy of the action to en by the Council with respect to the matter at t the date indicated in t attachment, which proceedings remain in f 1 and have not been amen ed or rescinded in any way; that meetin and Iowa, o hereby orp ate records of a and complete e meeting held on force and effect, all action thereat was duly and publicly he in accordance with a notice of mQt' g and tentative agenda, a copy of which was timely erved on each member of the board or other prominent pl a easily accessible to the 40 that purpose at the principal o ce of the Council (a p; being attached hereto) pursuant t the local rules At ( Chapter 21, Code of Iowa, upon rea m least twenty -four hours prior to the co with members of the public present in al named therein were on the date thereof City offices as indicated therein, th no in the proceedings, and that no involving the incorporation, iza of the individuals named ther WITNESS (SEAL) 00904287- 1 \10714A 13 and posted on a bulletin clearly designated for ice sheet of the agenda 4the provisions of n Ote to the public and media at he meeting as required by law and N e hr cert ify that the individuals possessed of teir r ecti e espv cy existed except as may be stated tion is pending, prayed or threatened or boundaries of the City or the right respective positions. of the City kreto affixed this day of City Clerk, C\ty of Iowa City, State of Iowa Exhibit A REGISTERED STATE OF IOWA BOND NO. COUNTY OF JOHNSON CITY OF IOWA CITY TAXABLE URBAN RENEWAL REVENUE BONDS SERIES 2012D TAXABLE FOR FEDERAL INCOME TAX PURPOSi Rate Maturity November 29, 2012 The City of Iowa Cib4. State of Iowa, a municipal corpor anized and existing under and by virtue of the Constitution an laws of the State of Iowa (th " suer "), value received, promises to pay from the source and as herein er provided, on the ma date in dic above, to CEDE & or registered assigns, the principal sum of (Pr ount en Out) THOUSAND DOLLARS in lawful money of the United States of America, hown above, only upon presentation and surrender hereof at the office of the City Con er gent of this issue, or its successor, with interest on the sum from the date hereo aid rate per annum specified above, payable on June 1, 2013, and semiannually ther r o e st of June and December in each year. Interest and principal Qo Cbf 7360-day er holder of the Bond as shown on the records of ownership maintained by t ay o the month preceding such interest payment date. Interest shall be co yek of twelve 30 -day months. THE FEDERAL INCOME TA HOLDERNWTHE ONBWS SHOULD TREAT %�- INTEREST AS SUBJECT TO This Bond is issued pursl� to the provisions of Section 40 \duly e City Code of Iowa, as amended, for the purpose of payin costs of aiding in the planning, uing and carrying out of an urban renewal project consisting f an economic development grant ral Park, L.L.0 totaling $2,500,000, in conformity to a !solution of the Council of the City ssed and approved . Unless this certifica is presented by an authorized representative of he Depository Trust Company, a limited purpo trust company ( "DTC "), to the Issuer or its agent registration of transfer, exchange or payment, an any certificate issued is registered in the name of Ced & Co. or such other name as requested by a authorized representative of DTC (and any payment is m e to Cede & Co. or to such other Issuer as is quested by an authorized representative of DTC), ANY T NSFER, PLEDGE OR OTHER USE HE OF FOR VALUE OR OTHERWISE BY OR TO ANY PER N IS WRONGFUL inas ch as the registered owner hereof, Cede & Co., has an interest her in. EN Bonds maturing after June 1, 2021, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by written notice to the r gistered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds tr any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All ponds or portions thereof called for redemption will cease to bear interest after the specified redemptio date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar sh designate the Bonds to be redeemed by random selection of the names of the registered owners o he entire annual maturity until the total amount of Bonds to be called has been reached. Ownership of this and may be transferred only by tran by the City Controller, the Re 'strar. Such transfer on the books surrender of this Bond at the ofN of the Registrar as designa executed by the owner hereof or hi my authorized attorney Registrar. Issuer reserves the right to s titute the Regis n( promptly give notice to registered bondho ers of such ge. in Article 8 of the Uniform Commercial Co and Secti provisions for registration and transfer containeXkth Bon This Bond and the series of which it hereafter issued and outstanding from ti b Resolution of which notice is hereby secured by the Tax Increment Rev s of tl Renewal Area "), as defined and p ed paid into such fund as referred to an r f r the books kept for such purpose cur only upon presentation and tNAg r with an assignment duly le f be satisfactory to the Payut shall, however, e 5) onds shalfbe negotiable as provided of the Code of Iowa, subject to the V�additional bonds or notes which may be �Ith the Bonds, as provided in the Bond a part hereof, are payable from and Project I Urban Renewal Plan (the "Urban Iuding the fund and portion of taxes to be 19 of the Code of Iowa, as amended. There has heretofore been d a e City covenants an agrees that it will maintain in force the Ordinance providing fo divisio i ental taxes within t e Urban Renewal Area, and the establishment of a suf t sinking to meet the principal of interest on this series of Bonds, and other bonds ranking on a there h, as the same become due. is Bond is not payable in any manner by taxation and and c' instances shall the City be in an anner liable by failure of the net earnings to be sufficient for the ent hereof. This Bond and the serie of which it forms has been issued by the in connection with an urban renewal project as defin in Chapter 403 of the Code of Iowa, and in suit, action or proceeding involv/tution ' ity or enforceability of any bond issued hereunde or the security therefor, such Bonds shall bvely deemed to have been issued for such purpose such project shall be conclusively deem been planned, located and carried out in accordance h the provisions of Chapter 403 of the owa. And it is hesented and certified that all acts, conditions and things requ ite, according to the laws and Co of the State of Iowa, to exist, to be had, to be done, or to be pe ormed precedent to the la of this Bond, have been existent, had, done and perform ed as re ired by law. GO IN TESTIMONY WHEREOF, the City by its City Council has caused this Bond to be signed by the manual signature of its Mayor and attested by the manual signature of its Clerk, with the seal of the City impressed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller CITY CONTROLLER, IOWA CITY, IOWA M. Authorized Signature Registrar and Transfer Agent: City Controller Paying Agent: City Controller A -3 CITY OF IOJDVA CITY, STATE OF IOWA ILN Mayor TEST: B City C (SEAL) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereb rrevocably constitute and appoint attorney in fact to transfer the said Bq d on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE) IMPORTANT -READ The signature(s) to this owes certificate(s) or Bond(s) i eve Signature guarantee must be Registrar and Transfer Agent. certain eligible guarantor insti INFORMATION Name of Transferee(s) Address of Transferee(s) _ Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership must correspond with ry particular without •ovided in accordan e ch standards a pr utiNus that varti hate oWas AW upon the face of the 'or enlarge or any change whatever. prevailing sta ds and procedures of the 9& require signature to be guaranteed by Prized signature guarantee program. OF TRANSFER Corporation *If the Bond is to be registel ' t e narjp of multiple individual owis�rs, the names of all such owners and one address and social security nutWmujff provided. The following abbrev' tion� when used in the inscription on the fa \in hall be construed as though written out in full acc rding to applicable laws or regulations: TEN COM - as tena s in common TEN ENT - as ten is by the entireties JT TEN - as join enants with rights of survivorship and not as tenants IA UNIF TRA MIN ACT - .......... C ustodian .......... (Cust) (Minor) Under Iowa Uniform Transfers ............. (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST I:Q! ♦ "Project" shall mean paying costs of aiding in the planning, undertaking and carrying out of an urban renewal project consisting of an economic development grant to Central Park, L.L.C., and related costs. ♦ "Project Area" shall mean the portion of the City - University Urban Renewal Area. ♦ "Project Fund" shall mean the fund required to be esta fished by this Resolution for the deposit of the proceeds of the Bonds. ♦ "Registrar" shall mean the City Controller of Iow City, Iowa, or such succes r as may be approved by Issuer as provided he in and who shall carry out the duties %�the ribed herein with respect to maintains a register of the owners of the Bondsess otherwise specified, the Registrar shall also act as Transfer Agent for onds. ♦ "R epresent tion Letter" shall mean the Representations exe ted and delivered by th ♦ "Reserve Fund" sh 11 mean the spe 'al 403.19 into which all Tax I rement Rev nue be deposited. mket Issuer Letter of suer to DTC on file with DTC. fund Under Iowa Code Section s of the Urban Renewal Area shall ♦ "Reserve Fund Requiremelifffiall mean an amount equal to the lesser of (a) the maximum annual amount o e principal and interest coming due on the Bonds and Parity Bonds; (b) 10% of t e stated principal amount of the Bonds and Parity Bonds or (c) 125/pmium verage ual principal and interest coming due on the Bonds and Parity or purpo s of this definition: (1) "issue price" shall be substituted for "ncipal amo t" for issues with original issue discount or original issu of more than de minimus amount and (2) stated principal amount nclude any ports of an issue refunded or advance refunded by a s t issue. ♦ "Resolution" all mean this resolution authorizing e issuance of the Bonds. ♦ "Tax Inc ment Revenues" shall mean the revenues receiv into the special tax fu created by the Ordinance and authorized by Section 03.19(2) of the Code of owa derived from the Urban Renewal Area. ♦ /ecording reasurer" shall mean the Finance Director of Iowa City, Iowa, ors h otcer as shall succeed to the same duties and responsibilities with respe to th and payment of the Bonds issued hereunder. -6- ♦ "Urban Renewal Area" shall mean the City- University Project I Urban Renewal Plan as approved and amended by this Council previously, which may be amended from time to time in accordance with Chapter 403 of the Code of Iowa. ♦ "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Bonds under sectio/148(a e Internal Revenue Co a or regulations issued thereunder. Section 2. Auth rit . The Bonds authorized by this Resoluissued pursuant to Section 403. of the Code of Iowa, and in compliance icable provisions of the Constitu 'on and laws of the State of Iowa. Section 3. Authorizati n and Purpose. There are hereb authorized to be issued, non - negotiable, serial, fully re 'stered Taxable Urban Rene al Revenue Bonds, Series 20121), of the City of Iowa City, 'n the County of Johnso , State of Iowa, in the aggregate amount of $2,655,000 the purpose of and aking the project. Section 4. Source of Payment. e City here pledges to the payment of interest of June 1, 2013, the Capital Interest Fun and to e payment of principal and interest on the Bonds, Net Revenues of the Urban Re ewal ea collected in the Revenue Fund and held in the Sinking Fund. The Bonds herein thorized and Parity Bonds and the interest thereon shall be payable solely and only out the Net Revenues of the Urban Renewal Area. The Issuer hereby pledges the Net ven es of the Urban Renewal Area, which shall be a first lien on the future Tax Inc ment R venues of the Urban Renewal Area. The Bonds shall not be general obligat' ns of the I uer nor shall they be payable in any manner by taxation and the Issuer sh be in no ma er liable by reason of the failure of the Net Revenues of the Urban Ren wal Area to be su icient for the payment of the Bonds. The Bonds are hereby de ared to be issued for sential public and governmental purposes for qual' led urban renewal projec . The Bonds shall re connection with an urban and in any suit, action or, issued hereunder or the substance that they have beef al project as defined by Chapi ding involving the validity or therefor, such Bonds shall be issued by the City in 403 of the Code of Iowa, n rceability of any bond -onclusivelv deemed to have been issued for ch purpose and such project shall be conclusi ly deemed to have been planned, located and carried out in accordance with the provision of Chapter 403 of the Code of Iowa -7- Section 5. Bond Details. Taxable Urban Renewal Revenue Bonds, Series 2012D, of the City in the aggregate amount of $2,655,000 shall be issued pursuant to the provisions of Section 403.9 of the City Code of Iowa for the aforesaid p oses and in the respective amounts outlined in Section 3 hereof. The Bonds shall be designated as follows. "TAXABLE URBAN RENEWAL REVENUE BONDS, SE ES 20121)", be dated No mber 29, 2012, and bear interest from the date thereof, u it payment thereof, at the office f the Paying Agent, the interest payable on June 1, 2 3 and semiannually thereafter on t 1 st day of June and December in each year unti aturity at the rates hereinafter vrovi d. The Bonds sh be executed by the manual or facsi7file signature of the Mayor and attested by the man al or facsimile signature of the C' y Clerk, and impressed or printed with the seal of th City and shall be fully regis red as to both principal and interest as provided in this solution; principal, inte st and premium, if any shall be payable at the office of the Pa ' g Agent by mailin of a check to the registered owner of the Bond. The Bonds shall be in a denominatio of $1,000 or multiples thereof. The Bonds shall mature and bear intere as follows- Principal Intpfest Maturity Amount ate June 1 $130,000 1.00 2016 $130,000 1.30% 2017 $135,000 1.60% 2018 $135,000 2.00% 2019 $140,000 2.10% 2020 $140,000 2.30% 2021 $145,000 2.40% 2022 $150,000 2.60% 2023 $150,000 2.80% 024 $155,000 3.00% 25 $160,0 3.20% 20 $165, 00 3.40% 2027 $17 ,000 3.60% 2028 $1 5,000 3.70% 2029 85,000 3.70% 2030 $190,000 3.75% 2031 $200,000 3.90% 2032 /Section 6. Redemption. Bonds maturing after June 1, 2021, may be called for option by the Issuer and paid before maturity on such date or any date thereafter, any funds regardless of source, in whole or from time to time in part, in any order of -8- (e) Non - Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Ponds is returned to the Paying Agent or is not presented for payment of princi al at the maturity or redemption date, if funds sufficient to pay such princi al of or interest on Bonds shall have been made available to the Paying Agent or the benefit of the owner thereof, all liability of the Issuer to the owner ther f for such interest or payment of such Bonds shall forthwith cease, terminate a be completely discharged, and thereupon it shall be the duty of the Paying Ag t to hold such funds, without liability for interest thereon, for the benefit of he owner of such Bonds who shall ereafter be restricted exclusively to such f nds for any claim of whatever nature on . art under this Resolution or on, or ith respect to, such interest or Bonds. The Pay Agent's obligation to hold su funds shall continue for a period equal to two ye\Bond nths following t e date on which such interest or principal became dmaturity, or a he date fixed for redemption thereof, or otherwise the Paying gent, shall surrender any remaining funds so held to thupon any c im under this Resolution by the Owners of such interf whateve nature shall be made upon the Issuer. Section 9. outstanding Bond shall become at the request of Registrar authc as the Bond so mutilated, destrc mutilated Bond to Registrar, up substitution for the Bond destrc satisfactory to the Registrar and proof of ownership then satisfactory indemnity and or its agent may prescribe connection therewith. , Destroyed, Stolen or Lost Bonds. In case any or be destroyed, stolen or lost, the Issuer shall i deliver a new Bond of like tenor and amount y , stole or lost, in exchange and substitution for such surrender such mutilated Bond, or in lieu of and led, stolen or to t, upon filing with the Registrar evidence Issuer that such d has been destroyed, stolen or lost and upon furnishing e Registrar and Issuer with nplying with such other i paying such expenses as regulations as the Issuer suer may incur in Section 10. Re rd Date. Payments of principal and interest, =7nall wse than upon full redemption, ma in respect of any Bond, shall be made to the Purchaser thereof or to its des' nated agent as the same appear on the books of the egistrar on the 15th day precedin the payment date. All such payments shall fully dischar the obligations of th ssuer in respect of such Bonds to the extent of the payment o made. Payment of pri ipal shall only be made upon surrender of the Bond to the Paying Agent. Sectio 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of is Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registr r, who shall authenticate the Bonds and deliver the same to or upon order of the Origi 1 Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled t any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the -12-