HomeMy WebLinkAbout2013-09-17 Resolutionq
Prepared by: Jason Reichart, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5416
RESOLUTION NO
13 -279
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AGREEMENTS BETWEEN MIDAMERICAN ENERGY COMPANY
AND THE CITY OF IOWA CITY FOR THE RELOCATION OF UTILITIES
NECESSARY TO ACCOMMODATE THE WEST SIDE LEVEE PROJECT.
WHEREAS, the West Side Levee Project will include the construction of an earthen levee, new
storm sewer and two new storm water pumping stations; and
WHEREAS, in order to accommodate said project, it will be necessary to relocate existing
overhead electrical facilities, convert electric facilities from overhead to underground, replace
power pole guy wires and anchors, and extend underground electrical facilities; and
WHEREAS, City staff has negotiated Agreements with MidAmerican Energy Company to relocate
said utilities; and
WHEREAS, the City council deems it in the public interest to enter into the negotiated
Agreements with MidAmerican Energy Company for the relocation of utilities to accommodate the
West Side Levee Project; and
WHEREAS, funds for this project are available in the West Side Levee account # 3961.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The City Manager is authorized to enter into and execute all agreements with
MidAmerican Energy for the relocation of utilities, as may be necessary to complete the
project.
2. The City Manager is authorized to execute amendments to this contract as they may
become necessary.
Passed and approved this 17th day of September '2013
MAYOR
Approved by
�/
ATTEST: rJ -� •�(/1� ! i 13
CITY ERK City Attorney's Office
pwenglmasters\Consu ItAgt doc
Resolution No. 13 -279
Page 2—
It was moved by Throgmorton and seconded by Champion 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 CITY OF IOWA CITY 4_
g!
� MEMORANDUM
Date: September 5, 2013
To: Tom Markus, City Manager
From: Ron Knoche, City Engineer jik
Re: West Side Levee Project
MidAmerican Energy Agreements
Introduction:
Electrical facilities need to be relocated to accommodate the construction of the West Side
Levee Project.
History /Background:
The West Side Levee Project will include the construction of an earthen levee, new storm sewer
and two new storm water pumping stations. Existing utilities need to be relocated to accommodate
the construction of the earthen levee and new storm sewer and power the two new storm water
pumping stations.
Discussion of Solutions:
In order to accommodate said project, it will be necessary to relocate existing overhead electrical
facilities, convert electric facilities from overhead to underground, replace power pole guy wires
and anchors, and extend underground electrical facilities.
Financial Impact:
Agreements have been negotiated with MidAmerican Energy to relocate utilities for the West
Side Levee Project at a cost of $114,935.94. Funding for this project is provided by Community
Development Block Grants (CDBG).
Recommendation:
Staff recommends entering into Agreements with MidAmerican Energy to relocate utilities
necessary for the West Side Levee Project.
Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149
RESOLUTION NO. 13 -280
RESOLUTION ACCEPTING THE WORK FOR THE DEWEY STREET BRICK
RECONSTRUCTION PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Dewey Street Brick Reconstruction Project, as included in a contract between the City of Iowa City
and Jasper Construction Services, Inc. of Newton, Iowa dated September 26, 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 Brick Street Reconstruction account # 3849;
and
WHEREAS, the final contract price is $399,468.42.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 17th day of September , 20_L3_.
�A
MAYOR
Approved by
ATTEST: ,') 1/ p I
CIT CLERK 'City Attorney's Office ,�& I (3
It was moved by Throemorton and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
Pweng /masters /acptwork.doc
9/13
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
M�
r 4d(3)
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
September 9, 2013
City Clerk
Iowa City, Iowa
Re: Dewey Street Brick Reconstruction Project
Dear City Clerk:
I hereby certify that the construction of the Dewey Street Brick Reconstruction Project has been
completed by Jasper Construction Services, Inc. of Newton, Iowa in substantial accordance with
the plans and specifications prepared by the City of Iowa City.
The project was bid as a unit price contract and the final contract price is $399,468.42.
There was one change or extra work orders for the project as described below:
1. Remove & Replace Brick Pavers & Asphalt Setting Bed $ 1,539.00
TOTAL
$1,539.00
recommend that the above - referenced improvements be accepted by the City of Iowa City.
Sincerely,
-W ,J -Z�
Ronald R. Knoche, P.E.
City Engineer
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -281
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
AND IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL
IMPROVEMENT DISTRICT TO ALLOW THE TEMPORARY AND
LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER
DURING NORTHSIDE OKTOBERFEST WITHIN A SPECIFIED AREA
ON A CITY STREET,
WHEREAS, section 4 -5 -3D of the City Code allows private entities to sell beer and persons to
consume beer in a city park, on public right -of -way or on a city ground excluding public
buildings under limited circumstances;
WHEREAS, Iowa City Downtown Self Supported Municipal Improvement District, d /b /a Iowa City
Downtown District ( "District ") Summer of the Arts, Inc. would like to be able to sell beer in a
demarcated area on the 300 -block of Market Street during Northside Oktoberfest; and
WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Mayor is authorized to sign and the City Clerk to attest to the attached agreement.
Passed and approved this 17th day of September
4
MAYOR
App r d by -
City Attorney's Office
4d(4)
Resolution No. U-281
Page 2
It was moved by Throgmorton and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
2013 AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND IOWA CITY DOWNTOWN SELF- SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT
TO ALLOW THE TEMPORARYAND LIMITED SALE, CONSUMPTION, AND POSSESSION
OF BEER DURING NORTHSIDE OKTOBERFEST
This Agreement is made between Iowa City Downtown Self Supported Municipal
Improvement District, d /b /a Iowa City Downtown District ( "District ") and the City of Iowa City, a
municipal corporation ( "City "), in Iowa City, Iowa.
WHEREAS, District is an "authorized entity" as that term is defined in section 4 -5 -3D of
the City Code;
WHEREAS, District has applied for a license to sell beer during Northside Oktoberfest;
and
WHEREAS, the parties wish to enter into an agreement to allow the District to sell beer
and to allow persons to possess and consume beer under limited circumstances on downtown
City streets.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Authorized Site. In consideration for District's promises herein, the City agrees to
allow District control over the area in the 300 block of Market on September 28,
2013 from midnight am to 10:00 pm as shown on the diagram which is attached,
marked Exhibit A, and incorporated herein ( "authorized site ").
2. Term. This agreement shall be in effect only on September 28, 2013.
3. Access. District shall take all reasonable steps to ensure that every person on the
authorized site has a stamp or wrist band for entry or is an employee of, an
independent contractor of, or volunteer for District and shall exclude any person
who is not.
4. License. This agreement is void if District does not have a license to sell beer on
the authorized site on September 28, 2013.
5. Sale of Beer and Alcohol Restrictions. District shall only sell beer to a person who
is over twenty -one (21) years of age. District acknowledges that the authorized
sites are subject to all applicable alcohol restrictions in the City Code including
Ordinance No. 10 -4388 that restricts entry to those over twenty -one (21) years of
age after 10:00 p.m. with limited exception.
6. Advertisement. District shall not, nor shall it allow anyone to, erect or place any
sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon
the authorized site with the exception that signage may be placed on the interior
tent wall. Sponsorship signage unrelated to businesses selling alcohol, beer,
wine, or tobacco will be allowed.
7. Inspection. City staff, including the Iowa City Police Department, may periodically
inspect the authorized sites without any prior notice to determine compliance with
the terms of this agreement.
8. Debris and Trash. District shall be solely responsible for collecting all debris and
trash from the authorized sites, and the City shall then remove the debris and
trash. If District fails to do so and if City staff has to collect the debris and trash
from the authorized sites, District may be responsible for the cost incurred by the
City, including staff time, and shall pay the costs in full within thirty (30) days of
receiving an invoice.
9. No Smoking. Smoking is prohibited in the authorized sites, and District shall
post a no- smoking a sign at the front entrance to the authorized sites and two
signs inside the authorized sites. The signs shall comply with Iowa Code
Section 142D.6 (2013).
10. Temporary Toilet Facilities. District shall provide at its sole cost 50 temporary toilet
facilities in the location shown on Exhibit A, including two (2) that are handicap
accessible.
11. Occupancy and Exits. The maximum occupancy load of the authorized site is
4,000 persons, and District is solely responsible for maintaining the occupancy
limits. District shall post a sign with the maximum occupancy load inside the
authorized site. District shall maintain two (2) exits in each authorized site and
post "exit" signs at both exits, with the location and size of the signs to be
approved by the City Fire Department. Each exit must be a minimum 36 inches
in width.
12. Anchoring and Drilling. District shall not drill any holes into the pavement or the
sidewalk and shall not anchor a tent tie down or pole to the pavement or the
sidewalk.
13. Fencing. At a minimum, the authorized site shall be enclosed by a double row
of fencing if less than six feet tall. If available, the City prefers a fencing product
that is a single fence that consists of six feet (6) interlocking panels with a
mesh that does not allow for a container of beer to get passed from through the
fencing. A single row of fencing is authorized if the fence height is a minimum
of eight feet tall.
14. Insurance.
a) Premises Insurance. On September 28, 2013, District shall cant'
comprehensive general liability insurance for bodily injury and property
damage on the authorized site in the amount of $1,000,000 (one million
dollars) for each occurrence and $2,000,000 (two million dollars) in the
aggregate and shall name the City as an additional insured. District
shall furnish a copy of a certificate of insurance for same, satisfactory to
the City at the time of execution of this agreement. District shall notify
the City 1 week before cancellation of said insurance, and said
cancellation shall automati -cally terminate this Agreement.
b) Dram Shop Insurance. On September 28, 2013, District shall carry
"dram shop" insurance in compliance with Iowa Code section 123.92
(2013) in the amount of $500,000 (five hundred thousand
dollars). District shall provide 1 week notice to the City before
cancellation of said insurance, and said cancellation shall automati -tally
terminate this Agreement.
c) Governmental Immunities Endorsement. District shall obtain a
governmental immunities endorsement that meets the requirements set
forth on Exhibit B, which is attached and incorporated herein.
16. Indemnification. District shall pay on behalf of the City all sums which the City
shall be obligated to pay by reason of any liability imposed upon the City for
damages of any kind resulting from the use of the authorized sight or sale,
consumption, or possession of beer on the authorized site, whether
sustained by any person or person, caused by accident or otherwise and
shall defend at its own expense and on behalf of the City, its officers,
employees and agents any claim against the City, its officers, employees,
and agents arising out of the use of the authorized site or sale,
consumption, or possession of beer on the authorized site.
17. Non- Discrimination. District shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed,
gender identity, sex, national origin, sexual orientation, mental or physical
disability, marital status or age. "Employment" shall include but not be limited to
hiring, accepting, registering, classifying, promoting, or referring to
employment. "Public accommodation" shall include but not be limited to
providing goods, services, facilities, privileges and advantages to the public.
18. Termination. The City may terminate this agreement upon written notice for
violation of any provision of this agreement.
19. Assignment and Subletting. District shall not assign or sublet this
agreement without prior written approval of the City.
20. Entire Agreement. This constitutes the whole agreement between the parties,
and may be modified in writing only, duly signed by the parties.
Dated, this day of September 2013.
IOWA CITY AND IOWA CITY DOWNTOWN SELF - SUPPORTED
MUNICIPAL IMPROVEMENT DISTRICT
By. i' G` �YGL � 'G0'74 --
THE CITY OF IOWA CITY
THE CITY OF IOWA CITY
Maria"n K. Karr, City Clerk
STATE OF IOWA
) ss:
JOHNSON COUNTY )
A4QA&A
Matthew J. Hayek, Mayor
CITY ACKNOWLEDGMENT
On this / ? day of 2013, before me, the undersigned,
a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian
K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing, the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
My Commission expires:
App _�r
City Attorney's Office
KELLIE K. TUTTLE
Commission Number 22181
My Corrynissi9n Expires-
_
-IVI )
Public in and for the State of Iowa
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1. Non - waiver of Government Immunity. The insurance carrier expressly agrees
and states that the purchase of this policy and the including of the City of
Iowa City, Iowa as Additional Insured does not waive any of the defenses of
governmental immunity available to the City of Iowa City, Iowa, under Code
of Iowa Section 670.4 as it now exists and as it may be amended from time to
time.
2. Claims Coverage. The insurance carrier further agrees that this policy of
insurance shall cover only those claims not subject to the defense of
governmental immunity under the Code of Iowa Section 670.4 as it now exists
and as it may be amended from time to time. Those claims not subj ect to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3. Assertion of Government Immunity. The City of Iowa City, Iowa, shall be
responsible for asserting any defense of governmental immunity, and may do
so at any time and shall do so upon the timely written request of the insurance
carrier. Nothing contained in this endorsement shall prevent the carrier from
asserting the defense of governmental immunity on behalf of the City of Iowa
City.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under
this policy and the insurance carrier shall not deny any of the rights and
benefits accruing to the City of Iowa City, Iowa under this policy for reasons
of governmental immunity unless and until a court of competent jurisdiction
has ruled in favor of the defense(s) of governmental immunity asserted by the
City of Iowa City, Iowa.
5. No Other Change in Policy. The insurance carrier, the City of Iowa City,
Iowa agree that the above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
09 -17 -13
4d(S)
Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356 -5030
RESOLUTION NO. 13 -282
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND SOUTH SLOPE
FOR USE OF THE LIBRARY ROOF FOR PROVISION OF FREE WI -FI SERVICE TO
PORTIONS OF DOWNTOWN.
WHEREAS, The Iowa City Public Library (ICPL) has for some time provided free outdoor Wi -Fi
coverage to the area around the library; and
WHEREAS, the library's Wi -Fi access points are limited in coverage and are no longer meeting
the needs of the public; and
WHEREAS, the Iowa City Downtown District (ICDD) has solicited proposals from vendors to
provide free Wi -Fi service to the entire downtown area of Iowa City; and
WHEREAS, the ICDD has selected the proposal of South Slope Cooperative Telephone
Company (South Slope) to provide free Wi -Fi service downtown; and
WHEREAS, as part of South Slope's provision of downtown Wi -Fi service, South Slope has
agreed to replace the ICPL's access points, operate them, and maintain them, and will provide
two hours of free Wi -Fi service per 24 hours to members of the public; and
WHEREAS, in exchange for the provision of said free Wi -Fi service to members of the public,
the City will allow placement of two South Slope access points on the ICPL roof without
payment of compensation to the City; and
WHEREAS, the City and South Slope have negotiated an Agreement outlining responsibilities
of each party in this venture; and
WHEREAS, it is in the best interest of the City to approve the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. City Council for the City of Iowa City hereby approves said Agreement with South Slope
Cooperative Telephone Company as being in the best interest of the City of Iowa City
and members of the public, and ratifies said Agreement.
2. The City Manager is hereby authorized to execute the attached Agreement, in duplicate,
subject to the approval of the City Attorney's Office.
Resolution No. 13 -282
Page 2
Passed and approved this 17th day of September , 2013.
MAYOR
Approved by ATTEST: 2E 745?,It/
i �/ / CIT `CLERK
City Attorney's Office
Resolution No. 13 -282
Page 3
It was moved by Throgmorton and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND SOUTH SLOPE
COOPERATIVE TELEPHONE COMPANY
This agreement ( "Agreement ") is made by and between the City of Iowa City ( "City ") and South
Slope Cooperative Telephone Company ( "South Slope ").
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises
situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library ( "ICPL "),
and has the authority to Agreement said premises.
B. Pursuant to a separate agreement with the Iowa City Downtown District ( "ICDD "), South
Slope will be providing free Wi -Fi to members of the public in the downtown area of Iowa City, a goal
supported by the City.
C. In exchange for provision of free Wi -Fi service ( "Service ") to members of the public, the City
will allow South Slope to place two access points on the roof of the ICPL.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the
City and South Slope hereby agree as follows:
AGREEMENT
1. DATE. This Agreement is made to be effective as of the 18th day of September, 2013.
2. PREMISES. The City will permit the placement of two (2) South Slope Access Points, no
greater in size than 12" x 12" x 12 ", in the same locations as the two existing ICPL access points
3. TERM. The term of this Agreement ( "Term ") shall be from September 18, 2013 through
August 31, 2016. Should South Slope wish for an extension, they shall provide notice to the City no later
than March 1, 2016, and the parties shall negotiate terms. Nothing in this Agreement shall be interpreted
to suggest that either party will be bound to renew this Agreement under any terms.
4. INSTALLATION. South Slope shall be responsible for any and all installation costs, and will
coordinate scheduling with ICPL staff during working hours. No additional penetrations of the ICPL roof
will be permitted. City staff has final authority over installation design. Existing equipment will be
removed by South Slope and returned to ICPL staff. In providing the Service, South Slope shall not
cause interference with ICPL's indoor Wi -Fi service.
5. RENT. South Slope covenants to provide at least two (2) hours of free Wi -Fi internet Service,
per twenty -four (24) hour period, to any and all members of the downtown public. Should members of
the downtown public wish to utilize more than 2 hours of Service in a given 24 hour period, South Slope
may charge for that Service, with any fees collected utilized to advance free Wi -Fi service in downtown
Iowa City. No other rent shall be due. Some devices may not work properly on Wi -Fi. South Slope
guarantees connectivity to most browser - enabled devices, but not all Wi -Fi devices.
6. UTILITIES AND MAINTENANCE. The City shall be responsible for all reasonable electric
utility service utilized by the South Slope Access Points. South Slope will be responsible for all
maintenance of the access points, internet connectivity, and any other aspect of the provision of Wi -Fi
Service pursuant to their agreement with the ICDD. A telephone support number shall be established
and staffed by South Slope, and provided to users of the Wi -Fi Service for their benefit. In no event will
users be directed to contact the City upon experiencing Service problems.
7. NON - EXCLUSIVITY. This Agreement is non - exclusive. Nothing in this Agreement shall be
interpreted to suggest that the City may not do what it wishes with the remainder of the ICPL building,
including placement of other access points or other facilities. This includes splicing of power lines or
running additional cable through the existing conduit.
8. NO SUBLETTING. South Slope does not have the right to sublet any of the Premises under
this Agreement, nor to charge any other person or entity for Service, other than users utilizing more than
2 hours of Service within a 24 hour period.
9. INSURANCE. South Slope covenants and agrees that it will at its own expense procure and
maintain general insurance in a company or companies authorized to do business in the State of Iowa, in
the following amounts:
Type of Coverage
a. Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily Injury & Property Damage $1,000,000 $2,000,000
b. Excess Liability $1,000,000 $1,000,000
C. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
South Slope's insurance carrier shall be A rated or better by A.M. Best. South Slope shall name the
City as an additional insured. South Slope shall deliver to the City, within thirty (30) days of execution of
this Agreement, Certificates of Insurance and copies of said policies, naming the City as an additional
insured. South Slope shall provide fifteen (15) days' notice to the City before cancellation of said
insurance.
10. INDEMNITY. The City hereby disclaims, and South Slope hereby releases the City from any
and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or
injury of any nature whatsoever sustained by South Slope, its employees, agents or invitees during the
term of this Agreement, including, but not limited to, loss, damage or injury to the property of South Slope
that may be located or stored in the Premises, unless such loss, damage or injury is caused by the City's
gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances
shall the City be liable for indirect, consequential, special or exemplary damages, whether in contract or
tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated
profits or other damage related to the use of the Premises under this Agreement.
11. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part
by fire or other casualty, the Agreement may be terminated by either party.
12. SCREENING. Screening or camouflaging of the access points and appurtenances may be
required by the City at the City's sole discretion and at South Slope's cost.
13. DEFAULTS. The following shall constitute "Events of Default ":
(a) Non-performance. South Slope shall fail to observe or perform any of the other
covenants, terms or conditions contained in the Agreement. Failure to provide Service
as contemplated in this Agreement for a period longer than 72 consecutive hours shall
constitute a default on the part of South Slope.
(b) Right to Cure. In the event of a default,. the non - defaulting party shall give written notice
(e -mail will suffice) to the defaulting party. The defaulting party shall then be granted
seven (7) calendar days to cure the default.
2
14. REMEDIES.
Upon the occurrence of an Event of Default by South Slope, or at any time thereafter during
the continuance of such Event of Default, The City may take any of the following actions and shall have
the following rights against South Slope:
(a) Termination. Either party may elect to terminate the Agreement by giving no less than
sixty (60) days' prior written notice thereof to the other party, and upon the passage of time specified in
such notice, this Agreement and all rights of both parties hereunder shall terminate as fully and
completely and with the same effect as if such date were the date herein fixed for expiration of the Term
and South Slope shall remain liable as provided in Section (b) below. In the event of termination, South
Slope shall remove all equipment from the Premises within sixty (60) days, properly addressing utility
connections and leaving the ICPL roof watertight.
(b) South Slope to Remain Liable. No termination of this Agreement pursuant to the
provisions of this Agreement, by operation of law or otherwise, and no repossession of the Premises or
any part thereof pursuant to this Agreement or otherwise shall relieve South Slope of its liabilities and
obligations hereunder, all of which shall survive such termination and repossession of the Premises.
(c) Rights Cumulative, Non - Waiver. No right or remedy herein conferred upon or reserved
to the City is intended to be exclusive of any other right or remedy, and each and every right and remedy
shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter
existing at law or in equity or by statute. In addition to the other remedies provided in this Agreement, the
City shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation,
or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this
Agreement, or to a decree compelling performance of this Agreement, or to any other remedy allowed to
the City at law or in equity.
(d) Non - Waiver. The failure of The City to insist upon strict performance of any of the'
covenants or conditions of the Agreement, or to exercise any options herein conferred in any one or
more instances shall not be construed as a waiver or relinquishment for the future of any such covenant,
condition, or option, but the same shall be and remain in full force and effect. The receipt by The City of
any rent or any other sum payable hereunder with knowledge of the breach of any covenants or
agreements contained herein shall not be deemed a waiver of such breach.
15. BOND. If South Slope remains in possession of the Premises after the expiration or
termination of this South Slope shall provide a bond of $50 to guarantee payment of the cost of removal
of the access points and related appurtenances at the termination of the Agreement. Said bond will be
promptly returned to South Slope upon their removal of said equipment.
16. NON - DISCRIMINATION. South Slope covenants, in consideration of the right to enter this
Agreement, that South Slope, its employees, and agents shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed, gender identity, sex,
national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall
include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to
employment. "Public accommodation" shall include but not be limited to providing goods, services,
facilities, privileges and advantages to the public.
17. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and
enforcement of this Agreement.
18. NOTICES. Notices, statements and other communications to be given under the terms of the
Agreement shall be in writing, unless otherwise provided herein, and sent by certified or registered mail,
or by commercial courier, return receipt requested, and addressed as follows:
If to The City: With Copies to: If to South Slope:
3
City Manager Iowa City Attorney South Slope Co -op Telephone Co.
410 E. Washington 410 E. Washington St. 980 N. Front St — PO Box 19
Iowa City, IA 52240 Iowa City, IA 52240 North Liberty, IA 52317
The address and person for written communication may be changed upon ten (10) days'
written notice to the other party.
19. WAIVER OF SUBROGATION. The City and South Slope and all parties claiming under or
through them hereby mutually release and discharge each other, any other South Slopes or occupants of
the building in which the Premises is located, and the officers, employees, agents, representatives,
customers and business visitors of The City or South Slope or such other South Slopes or occupants,
from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in
connection with the Premises or said building, even if caused by the fault or negligence of a released
party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance.
20. ENVIRONMENTAL MATTERS. South Slope will comply with all environmental laws during
the term of the Agreement, but shall bear no liability whatsoever and shall not assume any conditions for
any existing environmental materials or Hazardous Materials on the Premises. The City agrees to
indemnify, defend and hold South Slope harmless from and against any and all loss, damage, liability
and expense (including reasonable attorneys' fees) that South Slope may incur as a result of any claim,
demand or action related to environmental conditions, Hazardous Materials or any other environmental
laws and regulations not directly resulting from South Slope's activities on the Premises.
21. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but
not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants,
hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to
which is prohibited or regulated by any governmental authority having jurisdiction over the Premises,
any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by
Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials
Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic
Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the
laws, regulations or rulings of the state in which the Premises is located or any local ordinance
affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such
laws and ordinances.
22. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of
this Agreement or any other provision hereof.
23. ENTIRE AGREEMENT. This Agreement and any addenda and exhibits attached hereto or
to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between
The City and South Slope concerning the Premises and this Agreement and there are no covenants,
promises, agreements or conditions, either oral or written, between them. This Agreement may not be
modified or amended in any manner except by an instrument in writing executed by the parties hereto.
24. BINDING EFFECT. The covenants, conditions and agreements contained in the Agreement
shall bind, apply to and inure to the benefit of the parties hereto and their respective successors.
25. HEADING. Headings as to the contents of particular sections herein are inserted only for
convenience, and are in no way to be construed as a part of the Agreement or as a limitation on the
scope of the particular section to which they refer.
26. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original and all of which shall, when taken together, constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of
the day and year first above written.
The City:
CITY OF IOWA CITY
Attest:
A--'.
City berk
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
South Slope:
SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY
1101 Oil"
On this day of &-- p *mhe r- , 2013, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Kan-, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the within and foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk
as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
o,�I^ -,r KELLIE K. TUTTLE
a 1 Commission Number 221819 / / _ / ) — /�
r My Co issi Expires L P�C� i� / lt� —1 CL2�
°Y� Notary Public in and for the State of Iowa
SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 13 day of 2tz4tA,,.6,-- , 2013, before me, the undersigned, a Notary
Public in and for the State of to a, personally appeared Justyn Miller, to me personally known, who being
by me duly sworn, did identify himself as CEO of South Slope Cooperative Telephone Company, and
acknowledge the execution of the instrument to be his own voluntary act and deed, and that of South Slope
Cooperative Telephone Company.
Approved:
City Attorney
Notary P lic in and for the State of Iowa
0
li Q`�
SHELLEY MASSELL
Commission Number 763303
_=
rpryWA
My Commission Expires
6 —/ -Ad /to
09-17�
4e(1)
Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -283
RESOLUTION SETTING A PUBLIC HEARING FOR OCTOBER 1,
2013 TO CONSIDER A PROPOSAL TO CONVEY LOT 6 OF THE
NORTH AIRPORT DEVELOPMENT SUBDIVISION TO RUPPERT
FAMILY, LLC.
WHEREAS, The North Airport Development Subdivision includes commercial lots which
have been marketed for sale to the general public;
WHEREAS, City has negotiated a purchase agreement with Ruppert Family, LLC for
$500,000 for Lot 6, which requires City Council approval; and
WHEREAS, Council should hold a public hearing on the proposed conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The City Council does hereby declare its intent to approve the purchase
agreement between the City of Iowa City and Ruppert Family, LLC for the above -
referenced property and to convey said property in accordance with said
agreement.
2. A public hearing on said proposed agreement should be and is hereby set for
October 1, 2013 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E.
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. The City Clerk is
hereby directed to cause notice of public hearing to be published as provided by
law.
Passed and approved this 17th day of September '2013.
MAYOR
Approved b
ATTEST:
CITftLERK Ci ty Attorney's Office
Resolution No. 13 -283
Page 2
It was moved by Throgmorton and seconded by Champion the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
4� d�� i�
Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, 319 - 356- 5088/5138
RESOLUTION NO. 13 -284
RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE
FISCAL YEAR ENDING JUNE 30, 2013.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial
Report for the period beginning July 1, 2012, through June 30, 2013, be approved.
Passed and approved this 17th day of September , 2013.
MAYOR
ATTEST: A ave', d-11z L �
CITY C�EERK
Approved by
R
City Attorney's Office
It was moved by Champion and seconded by rams the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
r
CITY OF IOWA CITY
MEMORANDUM
Date: September 1, 2013
To: Tom Markus, City.Manager
From: Dennis Bockenstedt, Finance Director
RE: Annual Road Use Tax Report
Introduction
The City is required by the State of Iowa to submit an annual Street Finance Report. This report
summarizes the City's street and street - related financial activities. The reported activities
include a summary of the state Road Use Taxes received by the City and their subsequent
uses, all City capital project and general fund activities related to streets, and all street related
debt activities. This report is required to be filed by the State of Iowa by September 30 following
the end of the fiscal year.
History / Background
The submitted report includes a summary statement which shows total street related financial
activities, a miscellaneous revenue and expense listing, a detail debt activity list, a project
summary, a street equipment list, and monthly summary of Road Use Tax revenues. The
format for these pages is provided by the State, and the pages have been completed by the
City's accounting division.
Financial lm act
The State of Iowa will withhold Road Use Taxes from the City until such time that the City Street
Financial Report has been filed if the report is not filed by September 30, 2013.
Recommendation
Staff recommends that the City Council approve and accept the fiscal year 2012 -13 annual City.
Street Financial Report.
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Prepared by: Sara F.G. Hektoen, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240: 319- 356 -5030
RESO. NO. 13 -285
RESOLUTION 1) APPROVING THE COMPETITIVE CRITERIA AND
PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED
WITHIN THE CITY - UNIVERSITY PROJECT I URBAN RENEWAL AREA;
2) DETERMINING THAT THE OFFER SUBMITTED BY HIERONYMUS
SQUARE ASSOCIATES, L.L.C. SATISFIES THE OFFERING
REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO
ENTER INTO AN AGREEMENT FOR THE SALE OF LAND FOR PRIVATE
REDEVELOPMENT WITH HIERONYMUS SQUARE ASSOCIATES, L.L.C.
IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; 3)
SETTING A PUBLIC HEARING ON THE PROPOSED CONVEYANCE; AND
4) SOLICITING COMPETING PROPOSALS.
WHEREAS, the City Council of Iowa City, Iowa, has heretofore adopted and amended the City -
University Project I Urban Renewal Plan (the "Plan ") for the Urban Renewal Project Area
described therein (the "Project Area "); and
WHEREAS, such Plan, as amended, provides for the disposition of properties, among other
things, for the purpose of improvement and sale of publicly -owned property for private
redevelopment as a proposed renewal action; and
WHEREAS, Hieronymus Square Associates, L.L.C., an Iowa limited liability company, has
submitted to the City an offer for the acquisition of certain property located within the Project
Area (the "Property ") for redevelopment; and
WHEREAS, in order to establish reasonably competitive bidding procedures for the disposition
of the Property in accordance with the statutory requirements of Iowa Code Chapter 403,
particularly Section 403.8 (2013), and to assure that the City extends a full and fair opportunity
to all potential redevelopers interested in submitting a proposal, the City has established
Competitive Criteria for the Property offering, as set forth herein; and
WHEREAS, Hieronymus Square Associates, L.L.C. has executed and tendered to the City a
purchase agreement titled "Offer to Buy Real Estate and Acceptance ", attached hereto as Exhibit
B, contingent upon the execution of a Developer's Agreement for the redevelopment of the
subject property and the adjacent "Mod Pod" property, which shall include a minimum
assessment agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
1. The following described property, subject to survey prior to conveyance, shall be offered
for disposition for redevelopment in accordance with this Resolution and the Plan, as
amended:
The N 60' of Lot 1, Block 102, Original Town, Iowa City, Iowa, except the N 37'
of the E 55' of Lot 1, as shown on Exhibit A attached hereto.
2. It is hereby determined that the disposition price of the Property, for outright purchase of
the same, shall not be less than its fair market value for use in accordance with the Plan.
This Council has previously retained a qualified independent appraisal firm to determine
the fair market value of the Property. If any additional work needs to be performed to
finalize such value, the Director of Planning is directed to obtain such final appraisal or
review appraisal.
3. It is hereby determined that in order to qualify for consideration for selection, each
Redeveloper must submit a proposal that conforms with the following Competitive
Criteria:
a. Include and provide for the purchase of the Property at not less than the amount of
the fair value thereof for use in accordance with the Plan;
b. Include a statement of intent to enter into an Developer's Agreement for the
redevelopment of the Property and the property locally known as 301 S. Dubuque
Street, Iowa City, Iowa, (the N 37' of the E 55' of Lot 1, Block 102, Original
Town, Iowa City) as a cohesive project in conformance with the Plan;
c. Include a written commitment for permanent financing or provide through other
means acceptable to the City similar demonstrative evidence of the financial
capacity of the redeveloper to timely commence and complete the proposed
redevelopment activities;
d. Set forth the nature and extent of the experience in carrying out projects of similar
scale and character had by the principals and key staff who will be directly
engaged in the performance of the contract.
4. Each proposal submitted that satisfies the Competitive Criteria established herein, as
determined by the City, shall be reviewed on the basis of the strength of such proposal.
5. The proposed Offer to Buy Real Estate and Acceptance between the City and
Hieronymus Square Associates (Exhibit B) be and the same is hereby approved as to
form for the purpose of defining an acceptable offering of the Property for redevelopment
and shall be deemed illustrative of the minimum proposal acceptable to the City.
6. It is hereby determined that the Offer to Buy Real Estate and Acceptance between the
City and Hieronymus Square Associates satisfies the requirements of the offering and, in
the event that no other qualified proposals are timely submitted, the City intends to enter
into said Agreement.
7. It is hereby determined that Hieronymus Square Associates, L.L.C. possesses the
qualifications, financial resources and legal ability necessary to acquire and redevelop the
Property in the manner proposed by this Resolution and in accordance with the Plan.
8. It is hereby determined that the price for the Property offered by Hieronymus Square
Associates is not less than the fair value thereof for uses in accordance with the Plan and
is hereby approved.
9. The City Clerk shall receive and retain for public examination the attached Agreement
(Exhibit B) submitted by Hieronymus Square Associates and, in the event no other
qualified proposals are timely submitted, shall resubmit the same to this Council for final
approval and execution upon expiration of the notice period hereinafter prescribed.
10. Passage of this resolution be considered to be and does hereby constitute notice to all
concerned of the intention of this Council, in the event that no other qualified proposals
are timely submitted, to accept the proposal of the Redeveloper to acquire and develop
the Property and to enter into said Agreement.
11. The Official Notice of this offering, the City's intention to enter into this Agreement in
the event that no other qualified proposal is timely submitted, and public hearing shall be
a true copy of this Resolution, but without the attachments referred to herein. All of said
attachments shall be on file for public inspection at the office of the City Clerk, 410 E.
Washington Street, Iowa City, Iowa 52240 -1826.
12. The City Clerk is hereby authorized and directed to secure immediate publication of said
Official Notice in the Iowa City Press - Citizen, a newspaper having general circulation in
the community, not less than 30 days prior to the deadline for submission of proposals
pursuant to this Resolution.
13. Written proposals for the sale and redevelopment of the Property will be received by the
City Clerk before 9:00 a.m. on October 25, 2013. Said proposals shall be submitted to the
City Clerk's office at 410 E. Washington Street, Iowa City, Iowa 52240 -1826. Each
proposal will then be publicly opened at 10:00 a.m. on that same date. Said proposals will
then be presented to the City Council at a regularly scheduled meeting not less than 30
days after the publication of the notice described in Paragraph 12 above.
14. A public hearing on said proposals, including that submitted by Hieronymus Square
Associates, should be and is hereby set for November 12, 2013, at 7 p.m. in Emma J.
Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
15. The Property shall be competitively offered for sale on the terms and conditions set for
the herein and such offering shall be in substantial conformance with the provisions of
Iowa Code Section 403.8(2)(2013), requiring "reasonable competitive bidding
procedures" as the same are herein prescribed, which method is hereby determined to be
the appropriate method for making the Property available for redevelopment.
16. The City Clerk is hereby nominated and appointed as the agent of the City to receive
proposals for the sale of the Property according to the deadlines and procedures herein
specified and to proceed at such time to formally acknowledge receipt of any such
proposals. The Director of Planning is hereby authorized and directed to make a
preliminary analysis of each proposal timely submitted for compliance with this the
competitive criteria established herein and Iowa Code Chapter 403, and to advise the
Council with respect thereto. The Council shall judge the strength of the proposals and
shall make the final evaluation and selection of a proposal.
17. In the event another qualified proposal is timely submitted and deemed in the public
interest and in furtherance of the purpose of Iowa Code Chapter 40' ), another and further
notice shall be published expressing the City's intention to enter into the resulting
successful contract, as required by law.
PASSED AND APPROVED this 17th day of Septembe12013.
Mayor
ATTEST: Approved b Gt /'Lv�2�Lv
City_1771erk City Attorney's Office 71&1,13
Resolution No. 13 -285
Page 4
It was moved by Champion and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
EXHBIT "B"
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Iowa City ( "Seller ")
1. REAL ESTATE DESCRIPTION. The Buyer hereby offer§ Q buy and the Seller by
its acceptance agrees to sell certain real estate in�Jp ae.T`8, Iowa ixr c ently included within
Johnson County Tax Parcel No. 1010384014 and loo tec. ib `tv een 34 S. Dubuque Street and the
Court Street Transportation Center and also including the real estate located between Burlington
Street and the Court Street Transportation Center, all as shown on Exhibit "A" attached hereto,
including all fixtures that integrally belong to, are specifically adapted to or a part of the real
property, whether attached or detached (hereinafter the "Real Estate "). The exact legal
description for the Real Estate will be taken from Buyer's survey obtained pursuant to Paragraph
7 herein. The Real Estate is being conveyed with any easements and appurtenant servient estates,
with a twenty (20) foot air rights easement over the adjacent Ground Transportation Center as
further described in Paragraph 5 below; and free from liens or encumbrances, but subject to the
following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of
record for public utilities, roads and highways designated the Real Estate; provided Buyers, on
possession, are permitted to make the following use of the Real Estate: commercial and
residential development purposes.
2. PRICE. The purchase price for the Real Estate shall be $670,000.00, payable as
follows: $5,000.00 to be paid as earnest money upon acceptance of this offer, by Seller's City
Manager, delivered to Seller at the time of the release or waiver of all contingencies herein, and
the balance payable in full at the time of closing and transfer of possession. In the event the
contingencies of this agreement, hereinafter the "Agreement," are not satisfied or released, the
earnest money shall be returned to Buyer.
3. REAL ESTATE TAXES. Seller shall pay the 2012 -2013 real estate taxes and any
unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated
portion of the 2013 -2014 real estate taxes, if any, assessed against the Real Estate. Buyer shall
pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be
based upon the most current assessed valuation, legislative rollback and applicable levy rate.
4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien
on the Real Estate as of the date of closing. All other special assessments shall be paid by Buyer.
5. CONTINGENCIES. This Agreement is contingent upon the satisfaction of the
following items:
X A. The execution of a mutually agreeable Developer's Agreement for the
redevelopment of the Real Estate, as well as the real estate adjacent to the Real Estate locally
known as the "Mod Pod" at the corner of Burlington Street and Dubuque Street. In addition to
other mutually agreeable terms, said Developer's Agreement shall include:
(i) a mutually acceptable agreement for transfer of a twenty (20) foot air right
easement over the adjacent Court Street Transportation Center, permitting Buyer
to allow windows t s
1; and to allow Buyer to construct the improvements to the
boundary of the Real Estate in exchange for the sum of one hundred thousand
dollars ($100,000.00); and
(ii) a mutually acceptable agreement for transfer at fair market value of any such
other easements as are necessary to provide utilities to the Real Estate to allow
Buyer to construct the improvements in connection with the development of the
Real Estate and the adjacent "Mod Pod" building; and
(iii) a mutually acceptable minimum assessment agreement that assures that all
property which is the subject of the Developer's Agreement will remain taxable
for the length of the Agreement.
X B. The approval by the Federal Transportation Authority (FTA) of the sale of
the Real Estate and the conveyance of the easements contemplated above.
X C. The feasibility of the Real Estate for development as shall be determined
by Buyer, in its sole discretion, including, but not limited to, such considerations as zoning, other
applicable ordinances, general plan description, environmentally protected areas, wetlands, flood
zones, drainage, dedication of land for public use, environmental conditions, archeological
conditions, topography, soil, requirements imposed by the City of Iowa City and other
governmental agencies, assessments, tap -on fees, impact fees, available utilities, projected cost
of development of on -site and off -site improvements, existing easements, existing covenants and
restrictions, and access to public roads.
Promptly upon execution of this Agreement the Buyer shall, at its sole cost and expense,
proceed diligently and in good faith to satisfy the conditions set forth above and to release such
conditions or to have them satisfied within 120 days after formal approval of this Agreement by
the City Council for Seller pursuant to paragraph 25 of this Agreement (the "Contingency
Date "). If Buyer does not provide a written release of the above contingencies to Seller on or
before the Contingency Date, then either party may declare this Agreement null and void by
giving written notice to the other, in which event the Earnest Money payment shall be promptly
returned.
6. SELLER'S COOPERATION. Upon execution of this Offer to Buy, Seller agrees that
it will reasonably and promptly cooperate with Buyer to rezone the Real Estate to CB -10. Such
cooperation shall include, but is not limited to, signing such applications, consents or other
documents and performing such other actions as may be required by the City of Iowa City or
other governmental agencies. Buyer shall be solely responsible for all application fees and other
costs for compliance with the requirements of governmental agencies. Upon Buyer's request for
Seller's cooperation, Seller shall so cooperate within five (5) days. If the Seller's failure to
respond within such period causes delay in the Buyer's obtaining necessary approvals or
consents, the Contingency Date and Closing Date may be extended by Buyer equal to the delay
KF371R69a 12156
3
in obtaining approval or consent caused by Seller's delay in responding within five (5) working
days. Buyer acknowledges that Seller's cooperation does not in any manner require the City to
approve Buyer's application for rezoning, application for TIF funds or site plan application.
7. SURVEY /SUBDIVISION PLAT. Buyer, at its sole expense, shall have the Real
Estate surveyed. The legal description from the survey shall become the description of the Real
Estate for purposes of conveyance hereunder. The survey description may be taken from a land
survey, auditor's parcel plat or subdivision plat. The parties shall cooperate in obtaining and
recording whatever survey or plat may be necessary to convey the Real Estate as provided
herein, which survey or plat shall be at Buyer's expense. If the survey shows any encroachments
on the Real Estate, such encroachments shall be treated as a title defect.
8. RIGHT OF ACCESS BEFORE CLOSING /INDEMNIFICATION. Prior to closing on
the purchase of the Real Estate, Buyer and its agents may have reasonable access to the Real
Estate for survey, soil tests, environmental investigation and other similar activities for the
purpose of satisfying the contingencies at paragraph 5 of this Agreement and other obligations of
Buyer under this Agreement. Buyer shall promptly repair and restore any damage caused by such
access. Buyer hereby agrees to indemnify and hold harmless Seller from any and all expenses,
claims, or losses arising from or in connection with any activities of Buyer, its officers, agents,
employees, or contractors on the Real Estate prior to the Closing Date, including without
limitation, any attorney's fees or court costs occasioned by such claims.
9. POSSESSION AND CLOSING. Subject to the Buyer's and Seller's timely
performance of all obligations herein, closing shall be held at a time mutually agreed upon by
Buyer and Seller but in any event within sixty (60) days of the satisfaction of all contingencies.
On and after the Closing Date and upon payment of the Purchase Price, Buyer shall be entitled to
immediate possession of the Real Estate. This transaction shall be considered closed upon the
delivery of the title transfer documents to Buyer and Seller's receipt of all funds then due at
closing from Buyer under this Agreement.
10. RISK OF LOSS AND INSURANCE. The Real estate shall be preserved in its
present condition and delivered intact at the time possession is delivered to Buyer. Seller shall
bear the risk of loss or damage to the Real Estate prior to closing. In the event of substantial
damage prior to closing, the Agreement shall be null and void unless otherwise agreed in writing
by the Buyer and Seller. The Real Estate shall be deemed substantially damaged or destroyed if
it cannot be restored to its present condition on or before the Closing Date or within 30 days after
the intended Closing Date, in which event the closing and transfer of possession shall be
reasonably delayed, up to 30 days, in order to allow completion of the repairs and restoration.
Until the Closing Date, Seller agrees to maintain existing insurance coverage on the Real Estate
and Buyer may purchase additional insurance.
11. ENVIRONMENTAL MATTERS.
A. Seller warrants to the best of its knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground
storage tanks located on the Real Estate, the Real Estate does not contain levels of radon gas that
KF37 \R69a12156
F11
requires remediation under current governmental standards, and Seller has done nothing to
contaminate the Real Estate with hazardous wastes or substances. Seller warrants that the Real
Estate is not subject to any local, state, or federal judicial or administrative action, investigation
or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks. Seller shall also provide Buyer with a properly
executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous
wastes and underground storage tanks on the Real Estate. In March of 2001, in connection with
the construction of the Court Street Transportation Center, Seller had a Phase I Environmental
Assessment prepared for submission to the FTA. The property assessed included the Real Estate
and the Assessment resulted in a FONSI (Finding of No Significant Impact). Seller will provide
a copy of said Assessment to Buyer upon complete execution of this Offer to Buy Real Estate
and Acceptance.
B. Buyer may at its expense, within ninety (90) days after the date of
acceptance, obtain a report from a qualified engineer or other person qualified to analyze the
existence or nature of any hazardous materials, substances, conditions or wastes located on the
Real Estate. In the event any hazardous materials, substances, conditions or wastes are
discovered on the Real Estate, Buyer's obligation hereunder shall be contingent upon the removal
of such materials, substances, conditions or wastes or other resolution of the matter reasonably
satisfactory to Buyer. However, in the event Seller is required to expend any sum to remove any
hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this
transaction and refund to Buyer all earnest money paid and declare the Agreement null and void.
The expense of any inspection shall be paid by Buyer. The expense of any action necessary to
remove or otherwise make safe any hazardous material, substance, conditions or waste shall be
paid by Seller, subject to Seller's right to cancel this transaction as provided above.
12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price
may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
13. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an
abstract of title to the Real Estate continued through the date of acceptance of this offer, and
deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity
with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The
abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers
shall pay the costs of any additional abstracting and title work due to any act or omission of
Sellers, including transfers by or the death of Sellers or their assignees.
14. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to
Buyer or its assignees, by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 d. Any general warranties of title shall extend
only to the time of acceptance of this offer, with special warranties as to acts of Sellers
continuing up to time of delivery of the deed.
15. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyers, provided, however,
if there is loss or destruction of all or any part of the Real Estate from causes covered by the
KF37 \R69a12156
insurance maintained by Sellers, Buyers agree to accept such damaged or destroyed Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and
Sellers shall not be required to repair or replace same.
16. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
17. REMEDIES OF THE PARTIES
a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the
Iowa Code, and the earnest money shall be forfeited
b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments
made returned to them.
c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as permitted by law.
18. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
19. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender, according to the context.
20. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly
or indirectly, for or on behalf of any person, group, entity or nation named by any Executive
Order or the United States Treasury Department as a terrorist, "Specially Designated National
and Blocked Person" or any other banned or blocked person, entity, nation or transaction
pursuant to any law, order, rule or regulation that is enforced or administered by the Office of
Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf
of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and
hold harmless the other party from and against any and all claims, damages, losses, risks,
liabilities and expenses (including attorney's fees and costs) arising from or related to my breach
of the foregoing certification.
21. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents
and warrants to Buyer that the Property is not served by a private sewage disposal system, and
there are no known private sewage disposal systems on the property.
22. DISCLOSURES. Seller acknowledges that one or more of the members of the
Buyer is a licensed Real Estate Agent.
23. GENERAL PROVISIONS. In the performance of each part of this Agreement, time
shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of
such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and
bind the successors in interest of the parties. This Agreement shall survive the closing. This
KF371R69a12156
ON
Agreement contains the entire agreement of the parties and shall not be amended except by a
written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of
reference and shall not limit or affect the meaning of the Agreement. Words and phrases herein
shall be construed as in the singular or plural number, and as masculine, feminine or neuter
gender according to the context. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Iowa.
24. NOTICE. Any notice required under this Agreement shall be deemed perfected
when it is received in writing either by personal delivery or upon the date of the posting of said
notice by Certified Mail. Such notices to Seller shall be sent or delivered to City of Iowa City,
Attn. City Manager, 410 E. Washington St., Iowa City, Iowa 52240. Such notices to Buyer shall
be sent or delivered to Hieronymus Square Associates, L.L.C., c/o Kevin Digmann, 711 S.
Gilbert St., Iowa City, Iowa 52240, with a copy to Kirsten H. Frey, 920 S. Dubuque St., P.O.
Box 2000, Iowa City, Iowa 52244 -2000.
25. IOWA CITY COUNCIL APPROVAL. Seller's obligations under this Agreement
are contingent upon formal approval by the City Council for Iowa City, pursuant to Section
364.7 and Chapter 403 of the Code of Iowa. Seller shall seek said approval promptly after
acceptance of execution of this Agreement by the City Manager on behalf of the Seller. If this
Agreement is not approved by the City Council for Iowa City within sixty (60) days after
acceptance by the City Manager, this Agreement shall be null and void and all earnest money
shall be returned to the Buyer.
26. TIME FOR ACCEPTANCE. If this Offer is not accepted by the City Manager on
behalf of the City on or before 5:00 P.M. on Friday, August 2, 2013, it shall become null and
void and all payments shall be repaid to the Buyers.
This Offer is presented to the City on this Z 3' C/ day of JZ' %/ 2013.
BUYER
HIERONYMUS SQUARE ASSOCIATES, L.L.C.
BY: Michael E. odge, President
HDT, In tpl, anager
BY: John Hieronymus, Vic 'President
"JIDT, Inc., Manager
KF37 \R69a12156
This Offer is accepted this day of
SELLER
CITY OF IOWA CITY, IOWA
orn Markus, City Manager
KF371R69a12156
2013.
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52 -483
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of JOHNSON County, Iowa:
The City Council of Iowa City in said County /Counties met on 9/17/13
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendments) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No. 13 -286
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30; 2014
(AS AMENDED LAST ON )
Be it Resolved by the Council of the City of Iowa City
Section 1. Following notice published 9/3/13
and the public hearing held, 9/17/13 the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Passed this
Uh
(Day)
Signature
City Clerk/Finance Officer
day of SP12tember. 2013
(MontWYew)
_,
Signa ure
Mayor
N
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
h r Financing Sources
Revenues & Ot e 9
50,307,189
0
50,307,189
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
50,307,189
0
50,307,189
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
453,937
0
453,937
Other City Taxes 6
5,007,347
0
5,007,347
Licenses & Permits 7
1,350,968
0
1,350,968
Use of Money and Property 8
1,661,318
0
1,661,318
Intergovernmental 9
42,418,479
16,633,861
59,052,340
Charges for Services 10
40,303,766
0
40,303,766
Special Assessments 11
0
0
0
Miscellaneous 12
5,175,152
0
5,175,152
Other Financing Sources 13
68,355,144
32,973,511
101,328,655
Total Revenues and Other Sources 14
215,033,300
49,607,372
264,640,672
Expenditures & Other Financing in 9 Uses
21,784,088
328,055
22,112,143
Public Safety 15
Public works 16
7,483,926
0
7,483,926
Health and Social Services 17
265,175
0
265,175
Culture and Recreation 18
13,127,803
36,019
13,163,822
Community and Economic Development 19
10,700,289
92,643
10,792,932
General Government 20
7,789,941
0
7,789,941
Debt Service 21
13,496,700
0
13,496,700
Capital Projects 22
18,864,211
28,576,790
47,441,001
Total Government Activities Expenditures 23
93,512,133
29,033,507
122,545,640
Business Type / Enterprises 24
75,500,527
8,999,588
84,500,115
Total Gov Activities & Business Expenditures 25
169,012,660
38,033,095
207,045,755
Transfers Out 26
48,092,694
25,534,398
73,627,092
Total Expenditures /Transfers Out 27
217,105,354
63,567,493
280,672,847
Excess Revenues & Other Sources O ver
( Under) Expenditures /Transfers Out Fiscal Year 28
- 2,072,054
- 13,960,121
- 16,032,175
29
:::::::::: :::::::::::::::::::::::::::::::
Beginning Fund Balance July 1 30
98,086,646
0
98,086,646
Ending Fund Balance June 30 311
96,014,592
- 13,960,121
82,054,471
Passed this
Uh
(Day)
Signature
City Clerk/Finance Officer
day of SP12tember. 2013
(MontWYew)
_,
Signa ure
Mayor
N
Resolution No.
Page 2
13 -286
It was moved by Mims and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
IerM3
Dickens the
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
x Payne
x Throgmorton
L�
s
Prepared by: Michael Moran, Parks & Recreation Department, 220 S. Gilbert St., Iowa City, IA 52240 (319) 356 -5104
RESOLUTION NO. 13 -287
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
NORMANDY DRIVE RESTORATION PHASE 2 PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above -named project was published as required by law, and the hearing thereon held;
and
WHEREAS, funds for this project are available in the CIP account #4178.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above -named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above -
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above -named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above -named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 11:00 am on the 8th day of October,
2013. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 15th day of October, 2013, or if said meeting is cancelled, at the
next meeting the City Council thereafter as posted by the City Clerk, or at a special
meeting called for that purpose.
Passed and approved this 17th day of Seutember _'2013.
(-
- k4A1f 4
MAYOR
Ap ed
ATTEST:
CITY ERK City Att ney' Offic
Sarah /parks and rec/Nomiandy 2 approve plans and specs ��
Resolution No. 13 -287
Page 2
It was moved by Payne and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
RESOLUTION NO. 13 -288
RESOLUTION ADOPTING POLICY FOR UNATTENDED PROPERTY THAT IS SEIZED.
WHEREAS, Council has passed an ordinance that authorizes the City to seize unattended
personal property located on the right of way upon adoption of a reclaim policy by resolution;
WHEREAS, the attached policy sets forth how the City will notify the owner that property has
been seized and how the owner may reclaim the property at no charge or fee; and
WHEREAS, the attached policy should be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached Seized Unattended Property Reclaim Policy is adopted.
Passed and approved this 17th day of September '2013.
e-
ATTEST: 2 � - �C
CITY ERK
Approved by
City Attorney's Office
11
Resolution No. 13 -288
Page ,—
It was moved by Payne and seconded by Mims the
Resolution be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
x Payne
x Throgmorton
SEIZED UNATTENDED PROPERTY RECLAIM POLICY
(adopted in Res. 13- 288
This policy implements Section 5 of Ordinance #13 -4554 to be codified at Section 8 -5 -14 of the
City Code.
Under Section 8 -5 -14, "[un]attended personal property located on the right of way in the
downtown, including on a bench, may be seized. Personal property is unattended if the property
owner, or a person whom the owner has authorized to care for the property, is not within 20 feet
of the property."
No unattended property shall be seized unless a written notice is left at the location of the
unattended property that provides the owner the opportunity to reclaim the property. The notice
shall include the date and time it was seized and where to reclaim the property. The notice shall
remain on site for 24 hours. Additionally, a "found property call" shall be promptly be made to
the Iowa City Police Department.
Seized property shall be stored at a place designated by the Chief of Police.
The owner has 30 days to reclaim the property from the date it was seized. After 30 days, the
property is deemed abandoned, and the City may destroy the property.
In order to reclaim the property, the owner must appear in person at the Iowa City Police
Department and show proof of ownership or sign a declaration of ownership.
The owner shall not be required to pay a fee to reclaim the property.
Property may be destroyed without notice and opportunity for the owner to reclaim if the
property presents an immediate threat to public health or safety.
This policy does not apply to property seized as evidence of a crime or property that is
contraband.
IN
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5041
RESOLUTION NO. 13 -289
RESOLUTION APPROVING THE BY -LAWS OF THE CITIZENS POLICE REVIEW
BOARD, INCLUDING A NAME CHANGE FROM POLICE CITIZENS REVIEW BOARD
AND REPEALING RESOLUTIONS 97 -394, 98 -52, 98 -303, 01 -10, 01 -251, AND 03-
189.
WHEREAS, the City Council adopted Ordinance 97 -3792 in 1997 which created the
Police Citizens Review Board ( "PCRB ") to assure that investigations into claims of
police misconduct are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and
the City Council in evaluating the overall performance of the Police Department as a
whole, by having a review process for Police Department investigations into complaints;
and
WHEREAS, the PCRB has made recommendations including the renaming of the
Board and various other recommendations to improve the education and complaint
processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and
made additional recommendations and adopted Resolution 13 -217 approving the staff
recommendations for implementation of various recommendations made by the Ad Hoc
Diversity Committee; and
WHEREAS, the City Council adopted Ordinance 13 - 4555 on September 17
adopting the recommendations, including renaming the Board to Citizens Police Review
Board (CPRB); and
WHEREAS, the Police Citizens Review Board reviewed and agreed to the by -law
changes; and
WHEREAS, it is in the public interest to adopt by -laws which guide the procedures and
actions of the board; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, THAT:
1. That Resolutions 97 -394, 98 -52, 98 -303, 01 -10, 01 -251, and 03 -189 are hereby
repealed.
2. The by -laws of the Citizens Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this 17th day of September , 20 13
A
MAYOR
by
ATTEST: 7&� llrl
CITY CLERK ttorney's Offic 9 -11-1-3
Resolution No. 13 -289
Page 3
It was moved by Mims 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
IOWA CITY
CITIZENS POLICE
REVIEW BOARD
BY -LAWS
(Revised 09/13, Res. 13 -�
BY -LAWS
IOWA CITY CITIZENS
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY:
The Citizens Police Review Board formerly known as the Police Citizens Review Board
(hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of
the City Code of the City of Iowa City, Iowa and through the adoption of these by -laws stated
herein.
ARTICLE II. PURPOSE:
The purpose of the by -laws stated herein is to provide for the general welfare of the citizens of
Iowa City by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police
Department's performance is in keeping with community standards, this Board is created to
review investigations into complaints of police misconduct to insure that such investigations are
conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and
to provide City Council with an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by -laws, open records law, open
meetings law and other documentation that would be useful to Board members in carrying out
their duties. They shall also be given an orientation briefing by the appropriate City staff and the
Board as is deemed appropriate.
Section 4. Absences. Three consecutive absences of a Board member, without excuse of the
Chairperson, from regular or special meetings may result in a recommendation to the City Council
from the Board to discharge said member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long -term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
2
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on September 1. If a position becomes vacant by reason of resignation
or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice - Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice - Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice - Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included
on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion
of non - agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
3
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty -four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
rd
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and /or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE VIII. CONDUCT OF BOARD BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24
hours before the meeting and shall be sent to Board members and the media prior to meetings.
Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by -laws may be altered, amended or repealed, and new by -laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
September 11, 2013
s:C1 k \CPRB \Bylaws.doc
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041
RESOLUTION NO. 13 -290
RESOLUTION TO ADOPT THE IOWA CITY CITIZENS POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND GUIDELINES INCLUDING A NAME
CHANGE FROM POLICE CITIZENS REVIEW BOARD AND REPEALING
RESOLUTION 08 -77
WHEREAS, the City Council adopted Ordinance 97 -3792 in 1997 which created the
Police Citizens Review Board ( "PCRB ") to assure that investigations into claims of
police misconduct are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and
the City Council in evaluating the overall performance of the Police Department as a
whole, by having a review process for Police Department investigations into complaints;
and
WHEREAS, the PCRB has made recommendations including the renaming of the
Board and various other recommendations to improve the education and complaint
processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and
made additional recommendations and adopted Resolution 13 -217 approving the staff
recommendations for implementation of various recommendations made by the Ad Hoc
Diversity Committee; and
WHEREAS, the City Council adopted Ordinance 13 - 4555 on September 17
adopting the recommendations, including renaming the Board to Citizens Police Review
Board ( "CPRB "); and
WHEREAS, the Police Citizens Review Board reviewed and agreed to the standard
operating procedure changes; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. That Resolution 08 -77 is hereby repealed.
2. The Iowa City Citizens Police Review Board Standard Operating Procedures and
Guidelines are hereby adopted, as attached.
Passed and approved this 17th day of September , 2013
` AY
pro
ATTEST: _
CITY RK ity Atto n ' fF ,e -11_13
Resolution No. 13 -290
Page 2
It was moved by Payne and seconded by Mims 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
CITY OF IOWA CITY IOWA
CITIZENS POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
September 17, 2013
The Citizens Police Review Board formerly known as the
Police Citizens Review Board (hereafter referred to as
the Board) was established to assure that investigations
into claims of police misconduct are conducted in a
manner which is fair, thorough and accurate and to
assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the
Police Department by having it review the Police
Department's investigation into complaints. To achieve
these purposes, the Citizens Police Review Board shall
comply with Chapter 8 of the Iowa City Code, Board By-
Laws and Standard Operating Procedures and
Guidelines.
TABLE OF CONTENTS
Complaint Process
RESERVED
III. Meetings
IV. Complaint Review Process
V. Identification of Officers
VI. Review of Policies, Procedures and Practices of the Iowa City
Police Department
VII. Annual Report
VIII. General
CPRB SOP 09/13 Page 2
Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the Board shall review
investigations into complaints about alleged police misconduct to insure that such
investigations are conducted in a manner which is fair, thorough and accurate. The
Board shall achieve this by receiving, reviewing and reporting on citizen complaints in
accordance with the procedural rules in Chapter 8 of the City Code, following the Board
By -Laws, and Standard Operating Procedures and Guidelines.
A. Complaints shall be filed in accordance with Chapter 8 of the City Code:
All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98 -1).
3. Complaint copies will be sent to the Equity Director, Police Chief or City
Manager. The complaint copy sent to Board members shall have all
references to police officer names and other identifying information
deleted. A letter will be sent to the Complainant confirming receipt of the
complaint and identifying the Equity Director as another resource for
them to contact throughout the complaint process.
4. Board deadlines are contained in Chapter 8 of the City Code.
5. A copy of each complaint filed shall be provided to Board members in the
next meeting packet.
6. Amendments to a complaint must be in written form.
7. The complainant may withdraw the complaint at any time prior to the
Board's issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled
in the same manner as outlined in subsection "A" of the Complaint
Process.
2. The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter from the Board indicating that it appears to be
an untimely complaint or a complaint that does not involve the conduct of
an Iowa City sworn police officer and will be reviewed by the Board at its
next meeting.
CPRB SOP 09/13 Page 3
3. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the Board at a public meeting or an interview of
the complainant at a public meeting.
4. Upon the completion of such investigation and the Board's determination
that additional information is not necessary, the Board shall, by motion in
open session, vote to determine whether the complaint will be dismissed
under Section 8 -8 -3E of the Ordinance. The Board shall not discuss the
facts or substance of the complaint at said open meeting.
5. If the Board dismisses the complaint, staff shall:
a. Untimely Complaints:
1. Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the Board, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
1. Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter stating why the complaint was dismissed.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
CPRB SOP 09/13 Page 4
4. If the Board determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so that the
investigation may continue and make the required report to
the Board.
II. RESERVED
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with the Board's By -Laws and the Board Standard
Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
City Hall.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and /or memoranda directed to the Board (not complaint -
related). Staff shall be given directions based on Board discussion as to
whether staff shall respond or whether Board members shall respond,
with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the Board By -Laws.
E. Time for "Board Information" and "Staff Information" shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
To the extent practicable, legal counsel for the Board shall attend all meetings of
the Board.
CPRB SOP 09/13 Page 5
Electronic Participation
Follow the requirements of Chapter 21, The Code of Iowa for "electronic
meetings ".
2. It shall be the rule of the Board to secure electronic participation by
absent members whenever it is physically feasible where such
participation is necessary or desirable because of statutory voting
requirements or the importance of the subject matter to the public. This
rule shall not apply to electronic participation by a majority of the Board
members.
K. Quorum and Voting Requirements
Quorum. See By -Laws.
2. Voting. See By -Laws.
3. Voting to close a session. See Chapter 21, The Code of Iowa.
L. Iowa Open Records Law
The Board must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of the
Board pursuant to that Chapter.
2. The lawful custodian of the Board public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, the Clerk shall notify both the City
Attorney's Office and counsel to the Board of the request.
3. In accordance with Iowa Law, the Board shall maintain the confidentiality
of complaints, reports of investigations, statements and other documents
or records obtained in investigation of any complaint as outlined in the
Board's By -Laws.
4. In accordance with Iowa Law, the Board shall maintain the confidentiality
of information protected by the Iowa Open Records Law as outlined in
the Board's By -Laws.
M. Iowa Open Meetings Law.
In accordance with Iowa Law, the Board must follow all the requirements
of Chapter 21, Official Meetings Open to Public (Open Meetings).
2. In accordance with Iowa Law, confidentiality of information protected by
the Iowa Meetings Law as outlined in the Board's By -Laws.
CPRB SOP 09/13 Page 6
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By -Laws V44.
2. Ex Parte Contacts. See By -Laws V0.
IV. Complaint Review Process
The Board shall review all Police Chiefs reports and City Manager's reports concerning
complaints utilizing Sections 8 -8 -6, 8 -8 -7 and 8 -8 -8 of the City Code and the Board
Standard Operating Procedures and Guidelines.
A. Review of Police Chief's report or City Manager's report as outlined in Chapter 8
of the City Code.
B. Select a level of review as outlined in Chapter 8 of the City Code. The Board
shall notify the Complainant and the Police Chief, or the City Manager if the
complaint is against the Police Chief, of the selected level of review. The Police
Chief shall notify the officer of the selected level of review.
C. Pursuant to Chapter 8 of the City Code, the Board may choose to subpoena
witnesses or documents.
1. A motion to issue a subpoena to compel the appearance of a witness or
for the production of documents may be made by any Board member
pursuant to the voting procedure outlined in the Board's By -Laws. Such
a motion if made in closed session will be ratified in open session.
2. The subpoena will be prepared by legal counsel for signature by the
Board Chair.
3. Funds for the payment of witness fees, mileage and service will be issued
by the City Clerk.
4. The subpoena may be issued to compel the appearance of a witness to
be interviewed by a committee, of no more than two Board members
assigned by the Chair, at a time and place determined by the committee.
D. The Board may request an extension of time to file the Board's public report as
outlined in Chapter 8 of the City Code.
E. The Board shall not issue a public report critical of a police officer until after a
name - clearing hearing has been held or waived by the police officer as outlined
in Chapter 8 of the City Code.
F. Name - clearing hearing procedure
1. If the Board determines that the comments or findings contained in its
proposed report will be critical of the conduct of a sworn police officer, it
CPRB SOP 09/13 Page 7
G
must offer the officer a name - clearing hearing prior to the issuance of the
Board's report to Council.
2. The Board shall select a proposed date for the name - clearing hearing.
3. Written notice of the date, time and place of the name - clearing hearing
shall be given to the officer no less than ten working days prior to the
date set for hearing. The notice to the officer should be transmitted via
the Police Chief. The notice to the officer shall provide a written response
form for the officer to demand or waive the name - clearing hearing. Said
written response form shall also allow the police officer to state whether
he or she requests an open or closed session.
4. If the officer provides a written waiver of the name - clearing hearing prior
to the date set for hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the
hearing, the hearing shall be convened. If the officer does not appear, the
hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will
first determine whether the hearing shall be open or closed. If the officer
requests a closed session, the Board shall close the session pursuant to
motion specifically identifying an appropriate provision of Chapter 21 Iowa
Code as the basis for closure. If the officer does not request a closed
session the session shall be open except where closure is appropriate
pursuant to Section 21.
7. Before the hearing, the Board shall advise the officer of the Board's
proposed criticism(s). At the hearing, evidence supporting the criticism
shall be presented. The officer shall be given the opportunity to be heard
and to present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name - clearing hearing or waiver of a name - clearing
hearing by the officer, the Board changes its level of review, it shall issue
a new written notice pursuant to subparagraph B, hereof. If, following
said change, the proposed report is critical of the sworn officer's conduct,
the Board shall offer another name - clearing hearing to the officer
pursuant to the name - clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to
participate in, a name - clearing hearing.
Report Writing — See Chapter 8 of the City Code
2
The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
CPRB SOP 09/13 Page 8
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the Board
before being submitted to the City Council.
H. Final Board Public Reports shall be distributed according to Chapter 8 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of
the meeting which approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet.
Once the Public Report is sent to designated parties, the complaint file is closed.
J. An exit survey tool will be mailed to the complaint and responses returned will be
contained in the Board's annual report.
V. Identification of Officers
A. The reports of the Police Chief and the City Manager to the Board will identify the
officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, the Board
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
the Board. The Board reserves the right, however, to identify the officer in a
sustained complaint pursuant to Chapter 8 of the City Code and may obtain the
officer's name from the City Clerk for this purpose.
B. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by the Board as evidence of misconduct.
VI. Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in Chapter 8 of the City Code, the Board's By -Laws, and Standard Operating
Procedures and Guidelines, the Board shall, from time to time, report to the City Council
on policies, procedures and practices of the Iowa City Police Department, including
recommended changes, if appropriate.
A. Policy- review discussions shall be held at regular meetings, when possible.
B. Pursuant to Chapter 8 of the City Code, on at least one occasion each year the
Board shall hold a community forum for the purpose of hearing citizens' views on
the policies, practices and procedures of the Iowa City Police Department. The
format, location, date and time, of the forum will be determined by the Board.
The procedures and requirements set forth in the Board's By -Laws, will be
satisfied.
CPRB SOP 09/13 Page 9
C. When citizens have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any citizen or Board member may raise an issue at a Board meeting.
D. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VII. Annual Report
The Board shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department.
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The Board's annual report may also include recommendations to amend Chapter
8 of the City Code.
VIII. General
A. The lawful custodian of the Board records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the Board.
C. When legal counsel and /or staff are contacted on Board business, they shall
report that information to the Chair and to each other.
D. Contacts between a Board member and the Police Chief and /or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the Board to the Police Chief or City Manager
shall be in writing.
F. The City Clerk's office shall provide the Board a monthly "Office Contacts
Report," stating the number of telephone calls and in- office contacts which come
directly to the City Clerk's office, the general substance of such contacts, and
their disposition.
G. Voice Mail telephone messages to the Board office from citizens shall not be
retained nor will messages be transcribed unless there are extenuating
circumstances on a case -by -case basis determined by legal counsel for the
Board and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
CPRB SOP 09/13 Page 10