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HomeMy WebLinkAbout2010-03-23 ResolutionM~ 3c 12 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 10-75 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Sheraton Iowa City - 210 S. Dubuque Street Gabe's - 330 E. Washington Street Passed and approved this 23rd day of March 2p 10 l~ ~~ MAYOR Approved Jby ATTEST: ~_~2c, ~~,t~:r, w~t~~~/ ~-~ ~' z" CIT CLERK City Attorney's Office ~ (w~,~~ It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Wilburn the AYES: NAYS: ABSENT: g Bailey x Champion g Dickens _~ Hayek ~ Mims _ ~ Wilburn x Wright ""ad 3c 13 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO 10-76 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: North Dodge Sinclair - 2153 ACT Circle Passed and approved this 23rd day of March 2010 AYOR Approved by n ATTEST: ,J ~- `~ti~ _ , , ,~ ~ /~~1 ~~ -~~~u~z~rr~ ~-~ 1~ ,2., CI-1~~~RK City Attorney's Office ~, ` ~, ~,~~r It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey X Champion ~ Dickens _ x Hayek ~ Mims g Wilburn x Wright 03-23-10 3e 1 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5410 RESOLUTION NO. 10-77 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 6, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of April, 2010, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 23rd day of March , 20 10 ~~ ~- ~ .~ MAYOR Approved by ATTEST: ~ ~- v~/ f r f~/'%~ CIT LERK City Attorney's Office ., .~ ~ ~~ j~a Pwenglres/2010muscave wlrmafnreplace-setph doc 2/10 Resolution No. 10-77 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc M~~ 3e 2 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-78 RESOLUTION SETTING A PUBLIC HEARING ON APRIL 6, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6T" day of April, 2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 23rd day of March , 2010. -~~ ~ ~ Mayor ATTEST: ~~~ ~~ Cit Clerk Approved by: r G 2'l~ ~~~ ity Attorney's Office ~ / r~~,a Resolution No. 10-78 Page 2 It was moved by champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~- x ~_ ~- x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~~~ 3f 1 Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-80 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, REGARDING THE ANNEXATION OF CERTAIN LAND PORTIONS OF THE SHOWER'S ADDITION. WHEREAS, on October 16, 2007, the Iowa City City Council passed Resolution No 07-312 approving a purchase agreement wherein the City would acquire 31.5 acres and have an option to ~~ purchase 22.1 acres (Option Parcel) of land collectively known as the Showers Addition located off of Gilbert Street on the Iowa River west of Sand Lake and owned by the Clarence Hagen Revocable Trust (the "Property"); and WHEREAS, the City has acquired the 31.5 acres, but has not yet exercised its option to purchase the remaining Option Parcel; and WHEREAS, the City has secured Community Disaster Grant funds for the demolition and removal of certain structures located on the Option Parcel that were damaged by the 2008 flood; and WHEREAS, certain portions of the Option Parcel are located outside of the corporate limits of Iowa City; and WHEREAS, in the event the City exercises its option to acquire the Option Parcels once the structures have been removed from the land, the City intends to annex those portions of Auditor's Parcel 95106 that are located in the County, which this Memorandum of Understanding acknowledges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the attached Memorandum of Understanding with Johnson County, Iowa, and said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. Passed and approved this 23rd day of March , 201• ~~~~o MAYOR Approved by ATTEST: ~ -1~~% - ~~-k- ~~'.~ CIT CLERK City Attorney's Office 3 ~ s~iv Resolution No. 10-80 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: ~_ x ~_ ~_ x ~~ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA REGARDING THE ANNEXATION OF CERTAIN PORTIONS OF THE SHOWER'S ADDITION. This Memorandum of Understanding (hereinafter "MOU") is entered into this T 3 day of ~Ancti , 2010, by and between the City of Iowa City (hereinafter referred to as "City") and Johnson County, Iowa ("County"). WHEREAS, the City has entered in to a purchase agreement with the Clarence Hagen Revocable Trust for the acquisition of certain real property along the Iowa River known as the Shower's Addition, more particularly described as Auditor's Parcel 95106, according to the Survey recorded in Book 35, Page 308 (hereinafter referred to as the "Property"), and WHEREAS, said Property is partially located within the corporate limits of Iowa City and partially located outside of the corporate limits of the City within Johnson County; and WHEREAS, no portion of said Property is located within an urbanized area of another municipality; and WHEREAS this MOU is intended to establish an understanding between the parties regarding the City's intention to annex said portions of the Property located outside the corporate limits of the City. THEREFORE, it is understood by the City and County as follows: Community Disaster Grant. The State of Iowa has awarded the City certain Community Disaster Grant funds to assist in the cost of demolition, asbestos abatement, and removal of certain structures from the Property that were heavily damaged in the 2008 Flood ("Project"). Said work shall be performed by the City and shall be completed by June 30, 2010. 2. City's Acquisition of the Propertv. Upon completion of the Project, the City intends to acquire the Property from the Trust according to the purchase agreement between the City and the Trust. 3. City's Annexation of the Propertv. Upon acquisition of the Property, the City intends to initiate annexation proceedings pursuant to Iowa Code Chapter 368 (2009) in order to annex those portions of the Property not currently located within the corporate limits of Iowa City. IN WITNESS THEREOF, the Parties hereto have duly executed this MOU the day and the year above written. CITY OF IOWA CITY, IOWA Mayor ~ ~ ) ATTEST: ~~.~..J ~ ~'~,~- `. JOHNSON COUNTY, IOWA By: ~~C~~ Chairperson ~ ~rn ~ /©C,~=-c~ ATTEST: ~~ ~C~~ G~s~'~2. ~t~. Approved by: City Attorney's Office Date 3~'C~~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA REGARDING THE ANNEXATION OF CERTAIN PORTIONS OF THE SHOWER'S ADDITION. This Memorandum of Understanding (hereinafter "MOU") is entered into this day of 2010, by and between the City of Iowa City (hereinafter referred to as "City") and Johnson County, Iowa ("County"). WHEREAS, the City has entered in to a purchase agreement with the Clarence Hagen Revocable Trust for the acquisition of certain real property along the Iowa River known as the Shower's Addition, more particularly described as Auditor's Parcel 95106, according to the Survey recorded in Book 35, Page 308 (hereinafter referred to as the "Property"), and WHEREAS, said erty is partially located within the corporate limits of Iowa City and partially located outside of the corpor limits of the City within Johnson County; and WHEREAS, no portion of said Property is located within an urbanized area another municipality; and WHEREAS this MOU is inte ded to establish an understanding between the arties regarding the City's intention to annex said porti s of the Property located outside the corpo a limits of the City. THEREFORE, it is understood by ~ie City and County as follows: Community Disaster Grant. The State of Iowa has awarded ~ City certain Community Disaster Grant funds to assist in the cost of molition, asbestos~''abatement, and removal of certain structures from the Property that were h vily damaged ~in the 2008 Flood ("Project"). Said work shall be performed by the City and shall be ompleted •fjy June 30, 2010. 2. City's Acquisition of the Property. Upon com etion of the Project, the City intends to acquire the Property from the Trust according to the purch a agreement between the City and the Trust. 3. City's Annexation of the Property. Upon acquisition of the Property, the City intends to initiate annexation proceedings pursuant to Iowa Cod Chapter 368 (2009) in order to annex those portions of the Property not currently located within the corporate limits of Iowa City. IN WITNESS THEREOF, the Parties hereto have duly written. CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: Chairperson this MOU the day and the year above COUNTY, IOWA ATTEST: Approved y: ~~ 3~.~/~ City Attorney's Office Date 3f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-81 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BANK OF AMERICA, N.A. RECONTRUST CO./TX2- 979-01-07, DALLAS, TEXAS FOR PROPERTY LOCATED AT 2104 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on October 2, 2008, and recorded on October 15, 2008, in Book 4357, Page 787 through Page 792, in the Johnson County Recorder's Office covering the following described real estate: The East 5 feet of Lot 5, Block 2, and all of Lot 6, Block 2, Fair Meadows Addition, First Unit to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record WHEREAS, Bank of America is refinancing a loan and is securing the loan with a mortgage on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Bank of America, secured by the proposed mortgage in order to induce Bank of America to make such a loan; and WHEREAS, Bank of America, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Bank of America; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA .CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Bank of America, N.A. ReconTrust Co./TX2-979-01-07, Dallas, Texas. Passed and approved this 23rd day of March , 20~_ ~ ~ MAYOR Approved by Resolution No. 10-81 Page 2 ATTEST: ~~1u~~ ~- ~~~ CI LERK ~- ~ ~to City Attorney's Office It was moved by Champion and seconded by w;ib n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion X Dickens ~_ Hayek X Mims x Wilburn ~- Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Bank of America, N A ReconTrust Co./TX2-979-01-07, Dallas, Texas, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 6 081.18, and was executed by Michael W. Newman and Beverly C. Newman (herein the Owner), dated October 2, 2008, recorded October 15, 2008, , in Book 4357, Page 787 through Page 792, Johnson County Recorder's Office, covering the following described real property: The East 5 feet of Lot 5, Block 2, and all of Lot 6, Block 2, Fair Meadows Addition, First Unit to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record WHEREAS, the Financial Institution proposes to loan the sum of $127,500 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this Z3 day of March, 2010 CITY OF IOWA CITY By ~ . Mayor FINANCIAL INSTITUTION B ~D ~,~~ ~,~ l ~~ ~ ~d Attest: City lerk CITY'S ACKNOWLEGMENT STATE OF IOWA ) SS: JOHSON COUNTY ) On this Z3 day of March, 2010, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared /1 ~,rr~f'w ~ ~Ia.4.~lC and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. !b - Hl passed (the Resolution adopted) by the City Council, under Roll Call No. ------- of the City Council on the 23 day of 1~lgRct.~ 20 is ,and that N and Marian K. Karr acknowledged the execution of th instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. is SONDRpEFORT o ~ Commission Number 159791 n~~ ~~ _ My Commission Expires ~i ow ? a' Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMNT STATE OF ILLINOIS ) SS: COOK COUNTY ) On this-?~~ day of March, 2010, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared ~-u~.i,~_¢> ~; lrc~Sd. , to me personally known, who, being by me duly sworn, did say that h/she is the ~vG ~',l ,~.,'f ~ea~ of ~.~1~-~~ vtn.~.r-~ ~.~. that said instrument was signed on behalf of said co poration by authority of its Board of Directors; and that said ~,_,1~~-t- ~c-(nP,I~J acknowledged the execution of said instrument to be the voluntary ac and deed of said corporation, by it and by him/her voluntarily executed. NotaaY ' ~ of INInoN MY Coanmtwto~ Exp1n~~ Jon ~'~• ~ttl t ryP My commission expires: irh and for the State of Illinois ~~Z~/~~ ~. ~ 3f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-82 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1830 I STREET, IOWA CITY, IOWA. WHEREAS, on August 24, 2007, the owner executed a mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 1830 I Street, Iowa City, Iowa from a Mortgage recorded September 6, 2007, Book 4213, Page 935 through Page 940 of the Johnson County Recorder's Office. Passed and approved this 23rd day of March , 20 l0 ~,.r MAYOR ATTEST: ~LI6zy~J ~- 5~Q CIT LERK A proved by City Attorney's Office It was moved by ('hampion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion ~_ Dickens ~_ Hayek x Mims g Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagorlsl: Valerie G. Vevera Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1830 I Street, Iowa City, Iowa, and legally described as follows: Lot 8 in Block 44, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Blk. 1, Page 92, Plat Records of Johnson County, Iowa. from an obligation of the owner, Valerie G. Vevera, to the City of Iowa City represented by a Mortgage recorded September 6, 2007, Book 4213, Page 935 through Page 940, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~ ~C `~'F~rt~+~ CIT CLERK STATE OF IOWA ) SS: JOHNSON COUNTY ) ~ ~ _ MAYOR Approved by 3 ~ ~ ~~o City Attorney's Office On this z~_ day of MARCH} , A.D. 200 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. rb-g2, adopted by the City Council on the ~_ day MARClit , 20 / O and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r s SONDRAE FORT Sati-t~wNt ~^ 1 _ z° ~ Commission Number 159781 I 'M~t7 My Commissio~E~ires Notary Public in and for Johnson County, Iowa pow ~.~ o~=z~-~ o 3f 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-83 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND TWO PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 2220 A STREET, IOWA CITY, IOWA. WHEREAS, on August 21, 2006, the owner executed a Mortgage and two Promissory Notes to secure a loan ;and WHEREAS, the loan has been paid off; and WHEREAS, the City of Iowa City should release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 2220 A Street from a Mortgage, recorded September 6, 2006, Book 4078, Page 992 through Page 997; and from two Promissory Notes, recorded February 9, 2007, Book 4128, Page 361 and Book 4128, Page 362 of the Johnson County Recorder's Office. Passed and approved this 23rd day of March , 2010-• ~~z MAYOR pproved by ~~~ ~~ C ATTEST: ~?~~ CIT LERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens g Hayek ~ Mims _ g Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s-: Claire E. Sauter Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 2220 A Street, Iowa City, Iowa, and legally described as follows: The West 50 feet of Lots 6 and 7, in Block 1, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner, Claire E. Sauter, to the City of Iowa City represented by a Mortgage, recorded September 6, 2006, Book 4078, Page 992 through Page 997; and two Promissory Notes, recorded February 9, 2007, Book 4128, Page 361 and Book 4128, Page 362 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~ ~(" . .~~,/ CITY ERK STATE OF IOWA - SS: JOHNSON COUNTY 1 a~~ti MAYOR Appro~C.:~ ~~ ~ ~ ~ ~~ City Attorney's Office On this z 3 day of M.A(z.CH , A.D. 20 / p ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the ins*~•~ment was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. f~~ adopted by the City Council on the z~ day MARCH 20 !O and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. r SONDRAE FORT ° ~ Commission Number 159791 S~~qs, ~~ z My Commission Expires • -p d 7 .~O! Notary Public in and for Johnson County, Iowa 3f 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-84 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1668 BURNS AVENUE, IOWA CITY, IOWA. WHEREAS, on February 11, 2005, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release the lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 1668 Burns Avenue, Iowa City, Iowa from a Mortgage recorded March 16, 2005, Book 3853, Page 605 through Page 610 of the Johnson County Recorder's Office. Passed and approved this 23rd day of March . 20_LQ__• ~~ MAYOR - Approved by ~_ ~ ~~ 3 ~~ ~ ~ ro ATTEST: CITY ERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~_ X ~_ X X ~- Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagorls): Jennifer Murphy Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1668 Burns Avenue, Iowa City, Iowa, and legally described as follows: Lot 194 in Part Five Hollywood Manor Addition to Iowa City, Iowa, according to the plat therefore in Book 13, Page 18, Plat Records of Johnson County, Iowa, Subject to easements and restrictions of record from an obligation of the owner, Jennifer Murphy, to the City of Iowa City represented by a Mortgage recorded March 16, 2005, Book 3853, Page 605 through Page 610, of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~GZ~t~ ~ `7~~ CITY CLERK STATE OF IOWA ) SS: JOHNSON COUNTY ) n~ ~~ MAYOR Approved by ~~ 3~~5 lib City Attorney's Office On this ~_ day of • ~ \it~2 ~i,F , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No./~~adopted by the City Council on the z~_ day 1'~A2G17~ , 20 /~ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. is SONDRAEFORT s ~~ _ ~ Commission Number 159791 My Commission Expires IoW ~ 3 7 p~ Notary Public in and for Johnson County, Iowa ~-~ 3f 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319-356-5246 RESOLUTION NO. 10-85 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2204 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, on April 10, 2000, the owners executed a Mortgage to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, the City of Iowa City should release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2204 California Avenue from a Mortgage, recorded April 20, 2000, Book 2937, Page 289 through Page 293 of the Johnson County Recorder's Office. Passed and approved this 23rd day of March , 2010 ~ ~~ MAYOR Approved by ~ ;,~~ ,~, ATTEST: ~- CITY ERK City Attorney's Office It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~- Champion x Dickens g Hayek x Mims x Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Jennifer E. and Ian W. Kerns Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 2204 California Avenue, Iowa City, Iowa, and legally described as follows: Lot 6 in Block 7, Fair Meadows Addition, Third Unit, Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, Jennifer E. and Ian W. Kerns, to the City of Iowa City represented by a Mortgage, recorded April 20, 2000, Book 2937, Page 289 through Page 293 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:- ~ ~ y~ CITY C RK STATE OF IOWA 1 SS: JOHNSON COUNTY - J~~+~, ,A MAYOR Approved by ~ I j~ ~~ City Attorney's Office On this .~3 _ day of ~~C~} , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. /Q ~ $S, adopted by the City Council on the r'3 _ day M~ARCbk , 20 ~ d and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~ats _ SONDRAE FORT _ ~ Commission Number 159791 Q My Commission Expires v~ • oW ,a oZD( Notary Public in and for Johnson County, Iowa M la 0 3f 7 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MIDWESTONE BANK, AND TENANT ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, MidwestOne Bank, as landlord, and ICBB, Ltd, d/b/a Brown Bottle, as tenant, applied fora renewal of a temporary use of the public right-of-way agreement at 115 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. __.~ . MAYOR ATTEST: °i CIT LERK Approved b City Attorney's Office Resolution No. ~ o-s6 Page ~ It was moved by champion and seconded by w, i h~~,-„ the Resolution be adopted, and upon roll call there were: AYES: x ~_ x x x .~_ ~- NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossary/resolution-ic.doc /~-~ , - - 3f 8 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-87 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE #2855-IA, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d/b/a Starbucks Coffee #2855-IA, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. ~-~ - ;~ ) MAYOR ATTEST: .,_/ CIT LERK Approved b City Attorney's Office Resolution No. 10-87 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: ~_ x ~_ x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc U3-Z3-1 U M~ 3f 9 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-88 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT GRAZE IOWA CITY LLC D/B/A GRAZE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Graze Iowa City LLC, d/b/a Graze, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 115 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. /. s .. MAYOR ATTEST: ~ + CI CLERK Approved b ~- ~--rc~ City Attorney's Office Resolution No. 10-88 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~_ Champion ~_ Dickens x Hayek x Mims X Wilburn ~_ Wright wpdata/glossary/resolution-ic.doc 3f 10 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-89 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER DLSIC LC, AND TENANT MORROWCO LLC D/B/A PITA PIT, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, DLSIC LC, as landlord, and Morrowco LLC, d/b/a Pita Pit, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 113 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. ATTEST: t• CIT CLERK ~'~. MAYOR Approved b City Attorney's Office Resolution No. 10-89 Page ~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x -.~- ~_ x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc ~~~ 3f 11 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-90 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D/6/A JAVA HOUSE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Iowa City Coffee Company, d/b/a Java House, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 211 '/~ Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. ATTEST: °~ s CIT LERK ~~ ~ MAYOR Approved by: °v ~ ~- P c.~ ~° f c City Attorney's Office Resolution No. 10-90 Page ~_ It was moved by Champion and seconded by wiiburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~_ Champion x Dickens g Hayek X Mims ~_ Wilburn ~- Wright wpdata/gtossary/resolution-ic.doc r"~~ r 1 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-91 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER KLDP, INC, AND TENANT CHACKALACKAL, INC,.D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, KLDP, Inc, as landlord, and Chackalackal, Inc, d/b/a One Twenty Six, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 126 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk .cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. ~ ~ 1l MAYOR ATTEST: ~ 7C . ~ CIT LERK Approved b ~ -r~~~ City Attorney's Office Resolution No. 10-91 Page 2 It was moved by Chamvion and seconded by wig burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~._ x x x X .~- x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc r 3f(13) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO.10-92 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MOKA JAVA LLC, AND TENANT LUSATI, INC. D/B/A QUINTON'S BAR & DELI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Moka Java LLC, as landlord, and Lusati, Inc, d/b/a Quinton's Bar & Deli, as tenant, applied fora renewal of a temporary use of the public right-of-way agreement at 215 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 23rd day of March , 2010. ~'~t-. ~ ~ MAYOR ATTEST: CI CLERK Approved by: ~fc~~(C1 City Attorney's Office Resolution No. 10-92 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x ~_ x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~-~ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 10-93 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING FOR APRIL 27, 2010 ON A PROPOSED MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that one or more economic development areas, as defined in Chapter 403, Code of Iowa, exist within the City and rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City; and WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Moss Green Urban Village Urban Renewal Plan for the area described therein, which proposed Plan is attached hereto as Exhibit A; and WHEREAS, this proposed Urban Renewal Area includes and consists of: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89 41 57 East, along said North line of the Southeast Quarter of Section 35, Township 80 'North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: Resolution No. 10-93 Page 2 The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, the proposed urban renewal area includes land classified as "agricultural land" under Iowa Code Section 403.17(10) and therefore written permission of the current owners will be obtained; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Moss Green Urban Village Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Moss Green Urban Village Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Moss Green Urban Village Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modification to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5 as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Moss Green Urban Village Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That the consultation on the proposed Moss Green Urban Village Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held March 26, 2010 in the City Manager's Conference Room, Civic Center, Iowa City, Iowa at 10:00 a.m., and Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 2. That this Council acknowledges that, on March 12, 2010, the Department of Planning and Community Development caused a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Moss Green Urban Village Urban Renewal Plan, and said notice was in substantially the following form: Resolution No. ~ 0-q'3 Page 3 NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 10:00 a.m. on March 26, 2010, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa concerning a proposed Moss Green Urban Village Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Moss Green Urban Village Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given on behalf of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this day of March, 2010. Planning and Community Development, Iowa City, Iowa (END OF NOTICE) Resolution No. 10-93 Page 4 Section 3. That a public hearing shall be held on the proposed Moss Green Urban Village Urban Renewal Plan before the City Council at its meeting which commences at 7:00 p.m. on April 27, 2010 in the Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press-Citizen," once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: Resolution No. 10-93 Page 5 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED MOSS GREEN URBAN VILLAGE URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing before itself at its meeting on April 27, 2010 which commences at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, 410 E. Washington Street, Iowa City, Iowa to consider adoption of a proposed Moss Green Urban Village Urban Renewal Plan (the "Plan") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less. And All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North .Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. which land is to be included as part of this proposed Urban Renewal Area. Resolution No. 10-93 Page 6 A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to promote the growth and retention of qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan provides that such special financing activities may include, but not be limited to, the making of direct grants, loans or rebates of public funds to qualifying private entities under Chapter 15A and Chapter 403 of the Code of Iowa. The City also may provide incentives to encourage new private development in the area, reimburse or directly undertake the installation, construction and reconstruction of substantial public improvements, including roadway improvements, water, sewer, street extensions, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure, site improvements and projects to be undertaken by the City, but provides that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of March, 2010 Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Resolution No. 10-93 Page 7 Section 5. That the proposed Moss Green Urban Village Urban Renewal Plan, attached hereto as Exhibit A, for the proposed Urban Renewal Area described therein is hereby officially declared to be the proposed Moss Green Urban Village Urban Renewal Plan referred to in said notices for purposes of such consultation and public hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Moss Green Urban Village Urban Renewal Plan has been submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation of the Commission to be submitted in writing to the Council within thirty (30) days of the date of submittal. PASSED AND APPROVED this 23rd day of March, 2010. Matthew J. ayek, yor ATTEST: ~~2u~e~ ~ ~~/ Marian K. Karr, City Clerk Ap rove~d~' ~ ~, ," f ,~ City Attorney'.. ~ ffice ~ =~ 7_~~ ~~~~~~~ i~~~'/ Moss Green Urban Village Urban Renewal Plan CITY OF IOWA CITY, IOWA APRIL, 2010 Table of Contents Section 1 -Introduction Section 2 -District Designation Section 3 -Base Value Section 4 -Urban Renewal Plan Objectives Section 5 -Description of Urban Renewal Area Section 6 -Type of Urban Renewal Activities Section 7 -Proposed Projects Section 8 -Conformance with Land Use Policy and Zoning Ordinance Section 9 -Relocation of Families Section 10 -Financial Data Section 11 -Urban Renewal Plan Amendments Section 12 -Property Acquisition/ Disposition Section 13 -Consent to Include Agricultural Land Section 14 -Effective Period Addendum No.1-Legal Description Addendum No. 2 -Moss Green Urban Village Urban Renewal Project Area Map Addendum No. 3 -Agricultural Land Consents 2 1. Introduction This Urban Renewal Plan has been developed to help local officials promote economic development in Iowa City, Iowa. The primary goal of the plan is to stimulate, through public involvement and commitment, private investment in new commercial and industrial development. The goals outlined in this Moss Green Urban Village Urban Renewal Plan include the following, which are also goals included in the Iowa City Comprehensive Plan - 1997, as amended: • Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future industrial and commercial development; • Cooperate with local and regional organizations to promote economic development within Iowa City; • Improve the environmental and economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals. In order to make development sites attractive to new and expanding firms, communities are frequently called upon to provide financial incentives and programs. Other development sites in the region, which already cater to commercial, office, research, light production, and assembly uses, make tax increment financing available to qualifying businesses. As is consistent with the Iowa City Comprehensive Plan, the City has concluded it is in the interest of its citizens to encourage the development of commercial, office and research development zoned land in order to provide competitive development sites for commercial, office, research, light production and/ or assembly uses. To assist with ensuring that this type of development site is competitive, the City intends to make available the use of tax increment financing as a means to finance the construction of some of the necessary public infrastructure improvements within the Moss Green Urban Village Urban Renewal Plan Area, referred to hereafter in this Plan as the Urban Renewal Project Area or Area. In addition, the City may make available the use of tax increment financing to provide direct grants, loans or rebates for qualifying businesses planning to locate in the Urban Renewal Project Area. 3 To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2009 Code of Iowa, as amended. 2. District Designation With the adoption of this plan, Iowa City will designate this Urban Renewal Area as an economic development district that is appropriate for commercial and industrial development. 3. Base Value If the Moss Green Urban Village Urban Renewal Area is legally established and debt is certified prior to December 1, 2010, the taxable valuation within the district as of January 1, 2009 will be considered the "base valuation'. If the debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. 4. Urban Renewal Plan Objectives The overall goal of the Moss Green Urban Village Urban Renewal Plan is to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for uses generally allowed in commercial, office and research park zones. Renewal activities are designed to provide opportunities, incentives and sites for commercial and industrial development. Objectives for development in the Urban Renewal Area include: • To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; • To plan for and provide sufficient land for new commercial and industrial development in a manner that is efficient from the standpoint of providing services; • To help finance the cost of constructing street and other infrastructure improvements to support new development; • To stimulate, through public action and commitment, private investment in new commercial and industrial development; • To encourage and support development that will result in job creation; • To encourage the use of green technologies in infrastructure development, land use and new buildings; • To encourage the development of start-up firms and the attraction of new businesses; • To provide for the orderly physical and economic growth of the city; 4 • To enhance the availability of sites to accommodate the construction of industrial, commercial, office, research park and associated uses; • To assist with the provision of infrastructure to enable competitive land prices and lease rates and thereby provide a more marketable and attractive investment climate; • To make public improvements as deemed necessary by the City to support new industrial, commercial, office, research park and associated uses; and • To provide financial incentives and assistance to qualifying businesses. 5. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No.1-Legal Description. The location and general boundaries of the Moss Green Urban Village Urban Renewal Plan Area are shown on Addendum No. 2 -Location Map: Moss Green Urban Village Urban Renewal Project Area. This area is approximately 243 acres. 6. Types of Urban Renewal Activities To meet the objectives of this Urban Renewal Plan-and to encourage the development of the area, the City intends to utilize the powers conferred under Iowa Code Chapters 15A and 403 (2009) and financial incentives, including, but lot limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects though the execution of contracts and other instruments. 2. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. To make loans, forgivable loans, grants, or rebates to private persons or businesses for economic development purposes on such terms as may be determined by the Iowa City Council, in its sole discretion. 4. To provide for the installation of infrastructure and roadway improvements. 5. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions in Iowa City. 6. To encourage the incorporation of energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining 5 LEED certification, through the use of tax increment financing, in the sole discretion of the City Council. 7. Proposed Projects Proposed projects involve activities necessary to facilitate growth in the Urban Renewal Area and provide incentives to encourage new development to locate in the area. Projects including water, sewer, street and other infrastructure may be constructed. In addition, the City may consider providing direct or indirect financial incentives to private persons or businesses as incentives to locate in the Area. Private Site Improvements Lot development may include, but is not limited to, design and construction of buildings and building additions, grading for building construction and amenities; paving and parking; landscaping; and on-site utilities. Tax increment financing may be granted to be used by qualifying businesses to finance private site improvements. Businesses incorporating energy efficient building techniques such as those specified in the Iowa Green Building Standards, or those attaining LEED certification may be eligible for additional tax increment financing, in the sole discretion of the City Council. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, public streets and sidewalks, sanitary sewers, storm sewers, water distribution mains and open space improvements. Tax increment financing may be available to finance the construction of these improvements, at the City Council's discretion. Financial Incentives At the City Council's discretion, tax increment financing may be available for providing direct grants, loans, or rebates for those qualifying businesses engaged in commercial, industrial, office, research park and associated use activities allowed in the Urban Renewal Project Area. The funds from the direct grants, loans, or rebates may be used for, but are not limited to, financing the public and private site improvements. Qualifying businesses and improvements shall be determined by the City Council in its sole discretion. 6 8. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area near the I-80 interchange with Highway 1. The Iowa City Comprehensive Plan states that this area... ...provides one of the few opportunities for office research park development in Iowa City. National Computer Systems (now Pearson) (within the North Corridor Planning District) and ACT (south of I-80 in the North Corridor Planning District) are successful examples of this type of development. With the tone set by these two companies and the advantages of interstate exposure, land around this interchange should continue to be preserved for office research park and research development park opportunities. Iowa City has a general plan for the physical development of the City outlined in both the Iowa City Zoning Ordinance and the Iowa City Comprehensive Plan - 1997, as amended. The goals and objectives of this Urban Renewal Plan are consistent with the goals and land use policy contained in the Zoning Ordinance and Comprehensive Plan, which were identified and adopted as part of the planning process. Current Zoning The Project Area's present zoning designation is ID-ORP, Interim Development -Office Research Park, and ~is consistent with this Urban Renewal Plan. The proposed zoning, whether Office Research Park (ORP) or Research Development Park (RDP), is also consistent with this Plan. Current and Proposed Land Uses The area is comprised of approximately 243 acres of developable land. The proposed land uses include commercial, industrial, office, research, light production, and/ or assembly purposes, which are consistent with the proposed zoning. 9. Relocation of Families Though the Moss Green Urban Village Urban Renewal Plan does not anticipate the need to relocate families, as there is no current residential area within the Plan, in the event that such needs arise the City will consider provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. 7 6 10. Financial Data Constitutional Debt Limit: $ 218,695,116 2. Current general obligation debt: $ 84,995,000 toy ~~'i ~lm+T' GFIICt~f.11'K~1J ~4P~10~ 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. It is estimated that the City's cost for initial anticipated projects discussed herein will be in the $10 to $15 million range. 11. Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time to include change in the area, to add or change land use controls or regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions, all in conformance with applicable state and local laws. 12. Property Acquisition/Disposition Other than easements and right-of-ways, no property acquisition by the City is anticipated. 13. Consents to Include Agricultural Land As the Moss Green Urban Village Urban Renewal Area contains land that is being used for agricultural purposes as defined by Iowa Code Section 403.17(3), the property owners of such land have executed consents to allow the City to include real property defined as "Agricultural Land" within the Urban Renewal Area. These Consents are attached as Addendum No. 3. 8 14. Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. With respect to any property covered by this plan which is included in an ordinance which designated that property as a tax increment area, the use of incremental property tax revenues, or the "division of revenue", as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any grants, loans, advances, indebtedness or bonds which qualify for payment from the incremental property tax revenues attributable to that property. However, the use of tax increment financing revenues (including the amount of grants, loans, advances, indebtedness or bonds which qualify for payment for the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Plan shall be limited as deemed appropriate by the Council and consistent with all applicable provisions of law. 9 Addendum No.1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. 10 Addendum No. 2 Moss Green Urban Village Urban Renewal Project Area Map i j ' i ~ ~...~~- ~}~}ry.f. ~ . i i ~I,: r-~~~~_ ~ r .. ~~, r . .~.;.~= ~~ .... . ~;.~. oil . I ~rj. i .. -.:'S ~K ~• . . i f , cy 13~, .. .. ~...~L4.: ~, ~, . ~ r ~ ~F ~. I %`{ ~L ti.\2\ ~} ~ Q' Q ~ ~ T~ V ;~V ~i ~ ~ ~ ~# r ro O a C_ iD 1_ DI fl. .~ 11 Addendum No. 3 Property Owners' Consents to Include Agricultural Property Within Proposed Urban Renewal Project Area 12 r ~,!l~,®~~ CtTY OF IOWA CITY 6 ~'~-~'~~~ ~ D C~ M ~~Mo~A Date: March 17, 2010 To: City Council From: Wendy Ford, Economic Development Coordinator ~~ Re: Moss Green Urban Village timeline Following for your information is a timeline which has been provided to the Moss Green Urban Village developer. The local property owner and his development group requested the timeline as a guide for prioritizing the work yet to be completed on the project. They want to do all they can to facilitate breaking ground during the upcoming construction season. The timeline following this memo outlines the legislative process for each component necessary to begin the project and the table below summarizes the start dates for the components in the best possible scenario. The following memo goes into further detail. City Council consideration Committee* consideration Project Component 3/2 Annexation and Interim Develo ment Zonin 3/23 Resolution of Necessit 4/27'`* 3/16, 3/18 Urban Renewal Plan 4/27 4/1, 4/15 Preliminary Plat and Sensitive Areas Development Plan/Planned Development Overlay Rezoning SADP/OPD 4/27 or 5/10 5/10 or earlier TIF Ordinance 4/27 or 5/10 5/10 or earlier Develo ment A reement `Planning and Zoning Commission or City Council Economic ueveiopment Lommirree "" or earlier if Council should holds a special meeting prior To date, all parties have met required timeline objectives, with one exception. The Sensitive Areas Development Plan/Planned Development Overlay Rezoning (SADP/OPD) remains incomplete and is dependent upon both the developer to complete the wetland assessment and the Corps of Engineers to approve mitigation plans, if necessary. This is provided for your information. We will update you if there any deviations to the timeline outlined. Please feel free to email or call me with questions. wendy-ford@iowa-city.org 319-356-5248 office phone '- CITY OF 101NA CITY ~~®~~ ~E~O Best possible case scenario/timeline for approval of Urban Renewal Plan, TIF Ordinance, TIF Development Agreement, Sensitive Areas Development Plan/Planned Development Overlay Rezoning and Preliminary Plat for Moss Green Urban Villager 1. Annexation and Interim Development Rezoning: City has received acknowledgement of annexation of property from the Secretary of State, therefore rezoning will proceed to City Council on March 2nd, and assuming expedited consideration (2nd and 3rd readings collapsed), property will be rezoned to ID-ORP at that time. 2. Urban Renewal Plan (URP): To City Economic Development Committee on March 16; Per state code requirements, URP to proceed to Planning and Zoning Commission for its formal meetings on March 18th and April 1St; (first informal meeting on March 15th); to keep these dates, URP must be included in P&Z packet of March 12 ~ This potential timeline assumes that the developer has delineated the wetlands on the subject property, submitted required information to the Corps of Engineers (COE) for any required wetland mitigation, received COE approval for their grading plans and received approval from the Iowa Department of Transportation for the proposed access to Highway 1. Additionally, this timeline assumes that the developer's applications are complete, do not require further correction of deficiencies and all entities reviewing the Developer's proposals take the minimum number of meetings for review and approval of same. 3. Resolution of Necessity for URP before City Council for first consideration on March 23rd; Thereafter, City Council will set public hearing (and potential first consideration) on URP for Apri127th (unless Council holds a special meeting prior to April 27th for URP public hearing) which should not be before April 16th to accommodate URP notice and consultation deadlines; 4. Preliminary Plat and Sensitive Areas Development Plan/Planned Development Overlay Rezoning (SADP/OPD): While timing is developer driven based on when accurate and complete application (i.e. no deficiencies) for preliminary plat and SAPD/OPD is received, Planning and Zoning could consider same at its April 1St and April 15 formal meetings (with submission deadlines of March 11th and 25th for those meetings, respectively); On April 6, City Council could set the public hearing on SAPD/OIZP for April 27 at which they could vote on first consideration of the SAPD/OPD (along w/ URP) 5. TIF Ordinance (requires 3 readings, which may be reduced to 2 readings upon sufficient Council vote to collapse 2nd and 3rd readings) and Development Agreement (one reading): If Council schedules special meeting, potential for final consideration of TIF Ordinance and Development Agreement at meeting of Apri127ch (assuming first consideration of TIF ordinance at special meeting, collapsing of 2nd/3rd readings on ordinance and signed Development Agreement prior to meeting); without special meeting or collapsing readings, TIF ordinance and Development Agreement to be finally considered on May 10th (possibly along with 2nd and 3rd consideration of the SAPD/OPD and consideration and approval of the Preliminary Plat as noted above) 6. Once all required approvals have been secured by the developer from the Army Corps of Engineers for any necessary wetland mitigation plans caused by the proposed construction of Oakdale Boulevard and from the IDOT for access to Highway 1; grading plans and construction drawings for the roadway and other necessary infrastructure have been submitted, reviewed and approved by the Public Works Department along with any other required permits (erosion control, grading permit, etc.), grading and construction may commence for Oakdale Boulevard. 7. Approval of a final plat is required prior to sale or development of any lots in the development. For final plat approval developer will need to submit construction drawings for all necessary infrastructure (roads, sewer, water, stormwater, etc) in the subdivision and required legal papers, including a subdividers agreement and necessary easement agreements.. PLEASE NOTE: Each of the deadlines and considerations discussed above is contingent and a best possible case scenario based on the following factors: • obtaining voluntary consent by intervening property owner for the URP/preliminary plat; • full and accurate application submittals; • delineation of wetlands and acceptance of said delineation by the U.S. Army Corp of Engineers prior to submittal of an application for sensitive areas development plan/planned development overlay rezoning and preliminary plat; • approval of any required wetland mitigation plan by the Army Corps of Engineers (COE); • Iowa Department of Transportation (IDOT) approval of access point of U.S. Highway 1. THIS TIMELINE MAY NOT BE ACCURATE DUE TO NON-CITY CONTROLLED TIMING ON WETLAND DELINEATION AND NECESSITY TO OBTAIN CONSENT OF OFF-SITE PROPERTY OWNERS AS WELL AS CORPS OF ENGINEERS (COE) APPROVAL BASED ON WETLAND DELINEATION AND MITIGATION BEFORE DEVELOPER MAY DO ANY GRADING OR CONSTRUCTION; CORPS AND IDOT APPROVAL IS NOT A CITY REGULATORY APPROVAL PROCESS AND IS DEPENDENT ON DEVELOPER'S REPORTING TO COE AND IDOT Cc: Dale Helling, Interim City Manager Jeff Davidson, Director, PCD Karen Howard, Associate Planner Sarah Holecek, First Assistant City Attorney Mark Danielson, Attorney for Developer Steve Moss, Moss Green Urban Development Wally Pelds, Pelds Engineering Jared Vincent, Eco-4 Partners City Council 10. Financial Data 1. Constitutional Debt Limit: $136,552,095 2. Current general obligation debt: $ 84,995,000 3. Proposed amount of indebtedness to be incurred: A specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined. The City Council will consider each request for financial assistance or a project pro osal on a case-by-case basis to determine if it is in the City's best interest to partic ate. It is estimated that the City's cost for initial anticipated projects discusse herein will be in the $10 to $15 million range. 1. Urban Renewal Plan Amend ents This Urban Renewal Pla may be amended from time to ime to include change in the area, to add or change lan use controls or regulation , to modify goals or types of renewal activities, or to ame d property acquisitio and disposition provisions. If the City of Iowa City desires t amend this rban Renewal Plan, it may do so after providing public notice, holding a ublic h ring on the proposed change, and undertaking other required actions, 11 i conformance with applicable state and local laws. 12. Pr erty A uisition/Disposition Other than easements an fight-of-ways, no p perty acquisition by the City is anticipated. 13. Consents to Include Agricultural Land As the Moss reen Urban Village Urban Renewal Area mains land that is being used for agricu ral purposes as defined by Iowa Code Section 03.17(3), the property owners f such land have executed consents to allow the Cit to include real property defin as "Agricultural Land" within the Urban Renewal Are These Consents are att ed as Addendum No. 3. 8 ~~ March 23 ,2010 The City Council of the City of Iowa City, State of Iowa, met in regular session, in the Emina J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at 7 : 00 o'clock p .M., on the above date. There were present Mayor Hayek , in the chair, and the following named Council Members: Bailey, ChamQion, Dickens,. Hayek, Mims. Wilburn, Wright Absent: None *****~* 0303-2 7 Council Member wright moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Mims seconded the motion and the roll being called thereon, the vote was as follows: AYES: Bai~e~, ('hamginn, ilirkPnc~ N~~Pk~ Mimc~ Wilburn, Wright NAYS: Council Member Champion moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member Wright seconded the motion and the roll being called thereon, the vote was as follows: AYES: Bailey Champion Dickens, Have c, Mims _ NAYS: Wilburn, Wright None Council Member Bailey introduced the following Resolution entitled "A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $15,080,000 SEWER REVENUE REFUNDINU CAPITAL LOAN NOTES, SERIES 2010A, OF THE CITY OF IOWA CITY, SPATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES ", and moved its adoption. Council Member wilburn seconded the motion to adopt. "I~hc roll was called and the vote was: -2- AYES: Mims, Wilburn Wright, Bailey hampion^ Dickens, Hayek NAYS: None Whereupon the Mayor declared the following Resolution duly adopted: Resolution No. 10-94 A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $15,080,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2010A, OF THE CITY OF IOWA CITY, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES WHEREAS, the City Council of the City of Iowa City, State of Iowa, sometimes hereinafter referred to as the "Issuer", has heretofore established charges, rates and rentals for services which are and will continue to be collected as system revenues of the Municipal Sewer Utility, sometimes hereinafter referred to as the "System", and the revenues have not been pledged and are available for the payment of Sewer Revenue Refunding Capital Loan Notes, Series 2010A, subject to the following premises; and WHEREAS, Issuer proposes to issue its Sewer Revenue Refunding Capital Loan Notes, Series 2010A, to the extent of $15,080,000, for the purpose of defraying the costs of the project as set forth in Section 3 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan Agreement be approved and authorized; and WHEREAS, there have been heretofore issued certain sewer revenue bonds, notes or other obligations, part of which remain outstanding and are a lien on the net revenues of the System (defined herein as the "Outstanding Obligations"); and WHEREAS, in the Resolution authorizing the issuance of the Outstanding Obligations it is provided that additional Revenue Notes or Bonds may be issued on a parity with the Outstanding Obligations, for the costs of future improvements and extensions to the System or refunding outstanding obligations, provided that there has been procured and placed on file with the Clerk, a statement complying with the conditions and limitations therein imposed upon the issuance of Parity Obligations; and -3- WHEREAS, a statement of Public Financial Management, an independent Financial Consultant not in the regular employ of Issuer, has been placed on file in the office of the Clerk, showing the conditions and limitations of the Resolutions, dated March 19, 2002, September 23, 2008 and April 20, 2009, with regard to the sufficiency of the revenues of the System to permit the issuance of additional Revenue Notes or Bonds ranking on a parity with the Outstanding Obligations to have been met and satisfied as required; and WHEREAS, the notice of intention of Issuer to take action for the issuance of $17,750,000 Sewer Revenue Refunding Capital Loan Notes, Series 2010A, has heretofore been duly published and no objections to such proposed action have been filed; and the Issuer desires to proceed with the issuance of $15,080,000 Notes: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Additional Obligations" shall mean any sewer revenue notes or bonds issued on a parity with the Notes in accordance with the provisions of this Resolution. • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean the person in whose name such Note is recorded as the beneficial owner of a Note by a Participant on the records of such Participant or such person's subrogee. • "Call Date" shall mean July 1, 2010, on which date the Refunded Bonds shall be redeemed and paid. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Notes. • "Clerk" shall mean the City Clerk, or such other officer of the successor Governing Body as shall be charged with substantially the same duties and responsibilities. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and -4- delivery of the Notes, as originally executed and as it may be amended from time to tune in accordance with the terms thereof. • "Depository Notes" shall mean the Notes as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Notes. • "Fiscal Year" shall mean the twelve-month period beginning on July 1 of each year and ending on the last day of June of the following year, or any other consecutive twelve-month period adopted by the Governing Body or by law as the official accounting period of the System. Requirements of a Fiscal Year as expressed in this Resolution shall exclude any payment of principal or interest falling due on the first day of the Fiscal Year and include any payment of principal or interest falling due on the first day of the succeeding Fiscal Year, except to the extent of any conflict with the terms of the Outstanding Bonds while the same remain outstanding. • "Governing Body" shall mean the City Council of the City, or its successor in function with respect to the operation and control of the System. • "Independent Auditor" shall mean an independent firm of Certified Public Accountants or the Auditor of State. • "Issuer" and "City" shall mean the City of Iowa City, State of Iowa. • "Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or lenders in substantially the form attached to and approved by this Resolution. • "Net Revenues" shall mean gross earnings of the System after deduction of current expenses; "Current Expenses" shall mean and include the reasonable and necessary cost of operating, maintaining, repairing and insuring the System, including purchases at wholesale, if any, salaries, wages, and costs of materials and supplies but excluding depreciation and principal of and interest on the Notes and any Parity Obligations or payments to the various funds established herein; capital costs, depreciation and interest or principal payments are not System expenses. -5- • "Notes" shall mean $15,080,000 Sewer Revenue Refunding Capital Loan Notes, Series 2010A, authorized to be issued by this Resolution. • "Original Purchaser" shall mean the purchaser of the Notes from Issuer at the time of their original issuance. • "Outstanding Obligations shall mean the Sewer Revenue Bonds dated April 1, 2002 and Sewer Revenue Capital Loan Notes dated October 15, 2008 and May 18, 2009, issued in accordance with Resolutions No. 02-106, 08-290 and 09- 133, adopted March 19, 2002, September 23, 2008 and April 20, 2009, $2,880,000, $22,785,000 and $8,660,000 of which obligations are still outstanding and unpaid and remain a lien on the Net Revenues of the System. • "Parity Obligations" shall mean sewer revenue notes, bonds or other obligations payable solely from the Net Revenues of the System on an equal basis with the Notes herein authorized to be issued, and shall include Additional Obligations as authorized to be issued under the terms of this Resolution and the Outstanding Obligations. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Notes as securities depository. • "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due. • "Permitted Investments" shall mean: ^ direct obligations of (including obligations issued or held in book entry form on the books of) the Department of the Treasury of the United States of America; ^ obligations of any of the following federal agencies which obligations represent full faith and credit of the United States of America, including: - Export -Import Bank - Farm Credit System Financial Assistance Corporation - USDA Rural Development - General Services Administration - U.S. Maritime Administration - Small Business Administration -6- - Government National Mortgage Association (GNMA) - U.S. Department of Housing & Urban Development (FHA's) - Federal Housing Administration ^ repurchase agreements whose underlying collateral consists of the investments set out above if the Issuer takes delivery of the collateral either directly or through an authorized custodian. Repurchase agreements do not include reverse repurchase agreements; ^ senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) or "Aaa" by Moody's Investors Service Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal Hoine Loan Mortgage Corporation; ^ U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short-term certificates of deposit on the date of purchase of "A-1 " or "A- I+" by S&P or "P-1" by Moody's and maturing no snore than 360 days after the date of purchase (ratings on holding companies are not considered as the rating of the bank); ^ commercial paper which is rated at the time of purchase in the single highest classification, "A- l+" by S&P or "P-1 " by Moody's and which matures not more than 270 days after the date of purchase; ^ investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P, or "AAA" or "AA" by Moody's Investors Services, Inc.; ^ pre-refunded municipal obligations, defined as any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of S&P or Moody's or any successors thereto; or (b)(i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or direct obligations of the Department of the Treasury of the United States of America, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on thE: maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which -7- escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; ^ tax exempt bonds as defined and permitted by section 148 of the Internal Revenue Code and applicable regulations and only if rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; ^ an investment contract rated within the two highest classifications as established by at least one of the standard rating services approved by the superintendent of banking by rule adopted pursuant to chapter 17A Code of Iowa; and ^ Iowa Public Agency Investment Trust. • "Project Fund" shall mean the fund into which a portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Refunded Bonds" shall mean $10,250,000 of the $10,250,000 Sewer Revenue Bonds, Series 2001 dated December 1, 2001 and $5,990,000 of the $25,785,000 Sewer Revenue Refunding Bonds, Series 2002 dated April 1, 2002. • "Registrar" shall mean the City Controller of City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes. • "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file with DTC. • "Reserve Fund Requirement" shall mean an amount equal to the lesser of (a) the maximum annual amount of the principal and interest coming due on the Notes and Parity Obligations; (b) 10 % of the stated principal amount of the Notes and Parity Obligations or (c) 125% of the average annual principal and interest coming due on the Notes and Parity Obligations. For purposes of this definition: (1) "issue price" shall be substituted for "stated principal amount" for issues with original issue discount or original issue premium of more than a de minimus -8- amount and (2) stated principal amount shall not include any portion of an issue refunded or advance refunded by a subsequent issue. • "Resolution" shall mean this resolution authorizing the issuance of the Notes. • "System" shall mean the Municipal Sewer Utility of the Issuer and all properties of every nature hereinafter owned by the Issuer comprising part of or used as a part of the System, including all improvements and extensions made by Issuer while any of the Notes or Parity Obligations remain outstanding; all real and personal property; and all appurtenances, contracts, leases, franchises and other intangibles. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the tune of issuance and delivery of the Notes. • "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. • "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under section 148 (a) of the Internal Revenue Code or regulations issued thereunder. Section 2. Authority. The Loan Agreement and the Notes authorized by this Resolution shall be issued pursuant to Sections 384.24A and 384.83, of the City Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Loan Agreement shall be substantially in the form attached to this Resolution and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Authorization and Purpose. There are hereby authorized to be issued, negotiable, serial, fully registered Revenue Notes of the City of Iowa City, in the County of Johnson, State of Iowa, in the aggregate amount of $15,080,000, for the purpose of paying costs of the refunding of outstanding sewer revenue indebtedness, including the Series 2001 Sewer Revenue Bonds dated December 1, 2001, and the Series 2002 Sewer Revenue Refunding Bonds dated. April 1, 2002. Section 4. Source of Payment. The Notes herein authorized and Parity Notes and Parity Obligations and the interest thereon shall be payable solely and only out of the nct earnings of the System and shall be a first lien on the future Net Revenues of the System. The Notes shall not be general obligations of the Issuer nor shall they be payable in any -9- manner by taxation and the Issuer shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Notes. Section 5. Note Details. Sewer Revenue Refunding Capital Loan Notes, Series 2010A, of the City in the amount of $15,080,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24A and 384.83 of the City Code of Iowa for the aforesaid purpose. The Notes shall be designated "SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2010A", be dated April 15, 2010, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, such interest payable on January 1, 2011, and semiannually thereafter on the 1st day of July and January in each year until maturity at the rates hereinafter provided. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Notes shall be in the denomination of $5,000 or multiples thereof. The Notes shall mature and bear interest as follows: Principal Interest Maturity Amount Rate July 1st $2,680,000 3.00% 2011 $2,750,000 3.00% 2012 $1,065,000 3.00% 2013 $1,105,000 4.00% 2014 $1,150,000 4.00% 2015 $1,175,000 4.00% 2016 $1,215,000 4.00% 2017 $1,270,000 4.00% 2018 $1,310,000 4.00% 2019 $1,360,000 4.00% 2020 Section 6. Redemption. Notes maturing after July 1, 2018, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from tune to tune in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by snail to any registered owner of the - 10- Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All Notes or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. Section 7. Issuance of Notes in Book-Entry Form; Replacement Notes. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer determines to permit the exchange of Depository Notes for Notes in the Authorized Denominations, the Notes shall be issued as Depository Notes in denominations of the entire principal amount of each maturity of Notes (or, if a portion of the principal amount is prepaid, the principal amount less the prepaid amount); and such Depository Notes shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi- annual interest for any Depository Note shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Notes at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Notes, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Notes, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Notes, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Note for the purpose of payment of the principal of, premium, if any, and interest on such Note, for the purpose of all other matters with respect to such Note, for the purpose of registering transfers with respect to such Notes, and for all other purposes whatsoever (except for the giving of certain Noteholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Notes only to or upon the order of the noteholders as shown on the -11- Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, preiniuin, if any, and interest on the Notes to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Notes, registration thereof, and issuance in Authorized Denominations), as long as the Notes are Depository Notes, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Notes are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Notes, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Notes for replacement Notes in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Notes for Notes in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Notes to be so exchanged. The Registrar shall thereupon notify the owners of the Notes and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Notes will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Notes, (ii) registration and transfer of interests in Depository Notes by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Notes in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Notes• Appointment of Registrar Transfer; Ownership; Delivery and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The City Controller is hereby appointed as Note Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for - 12- the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Boolcs the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a Certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or -13- if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated Destroyed Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer inay incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Notes, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Notes to the Paying Agent. Section 11. Execution Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Notes to -14- the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered Noteholder. -15- Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: (6) (6) (~~ (g) (1) (2) (3) ~ (4) I (5) (9) (9a) (10) (Continued on the back of this Note) 11)(12)(13) (14) (15) FIGURE 1 (Front) -16- (10) (16) (Continued) FIGURE 2 (Back) -17- The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "SEWER REVENUE REFUNDING CAPITAL LOAN NOTE" "SERIES 2010A" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 Item 5, figure 1 Item 6, figure 1 Item 7, figure 1 Item 8, figure 1 = Note Date: April 15, 2010 = CUSIP No.: _ "Registered" = Note No. = Principal Amount: $ Item 9, figure 1= The City of Iowa City, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of __ THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on such sum from the date hereof until paid at the rate per annum specified above, payable on January 1, 2011, and semiannually thereafter on the 1st day of July and January in each year. Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. This Note is issued pursuant to the provisions of Sections 384.24A and 384.83 of the City Code of Iowa, for the purpose of paying costs of the refunding of outstanding sewer revenue indebtedness, including the Series 2001 Sewer Revenue Bonds dated December 1, 2001, and the Series 2002 Sewer Revenue Refunding Bonds dated April 1, -18- 2002, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated , 2010, in conformity to a Resolution of the City Council of the City duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes or Bonds of equal standing inay be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other naive as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Notes maturing after July 1, 2018, may be called for redemption by the Issuer and paid before maturity on such date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All Notes or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the Notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Notes to be called has been reached. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered Noteholders of such change. All Notes shall be -19- negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. This Note and the series of which it forms a part, other obligations ranking on a parity therewith, and any Additional Obligations which may be hereafter issued and outstanding from time to tune on a parity with the Notes, as provided in the Note Resolution and Loan Agreement of which notice is hereby given and which are hereby made a part hereof, are payable from and secured by a pledge of the net revenues of the Municipal Sewer Utility (the "System"), as defined and provided in the Resolution. There has heretofore been established and the City covenants and agrees that it will maintain just and equitable rates or charges for the use of and service rendered by the System in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the establishment of a sufficient sinking fund to meet the principal of and interest on this series of Notes, and other Obligations ranking on a parity therewith, as the same become due. This Note is not payable in any manner by taxation and under no circumstances shall the City be in any manner liable by reason of the failure of the net earnings to be sufficient for the payment hereof. This Note is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law. IN TESTIMONY WHEREOF, the City by its City Council has caused this Note to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its Clerk, with the seal of the City printed hereon, and authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, City Controller. Item 11, figure 1 =Date of Authentication: Item 12, figure 1 =This is one of the Notes described in the within mentioned Resolution, as registered by the City Controller CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 =Registrar and Transfer Agent: City Controller Paying Agent: City Controller -20- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF IOWA CITY, STATE OF IOWA By: Mayor ATTEST: facsimile signature By: (facsimile signature) City Clerk Item 17, figure 1 = (Assignment Block) (Information Required for Registration) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated this day of SIGNATURE ) GUARANTEED ) 2010. (Person(s) executing this Assignment sign(s) here) -21- IMPORTANT -READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the Certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures inay require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Gust) (Minor) Under Iowa Uniform Transfers to Minors Act ................. (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Equalitxof Lien. The timely payment of principal of and interest on the Notes and Parity Obligations shall be secured equally and ratably by the Net Revenues of the System without priority by reason of number or time of sale or delivery; -22- Corporation Trust and the revenues of the System are hereby irrevocably pledged to the timely payment of both principal and interest as the same become due. Section 15. Application of Note Proceeds -Redemption and Current Refunding of Refunded Bonds. Proceeds of the Notes shall be applied as follows: • An amount equal to accrued interest shall be deposited in the Sinking Fund for application to the first payment of interest on the Notes. • An amount sufficient to meet the Reserve Fund Requirement shall be deposited in the Reserve Fund. • $15,836,572.78 of proceeds shall be deposited in trust with the Treasurer for the payment of the Refunded Bonds and is irrevocably appropriated exclusively to the payment of principal of, interest on and premium, if any, due on the redemption thereof. Said amount shall be held separately from all other moneys or accounts, in cash or direct obligations of the United States, maturing on or before the Call Date of the Refunded Bonds, and is determined to be sufficient to retire on the designated Call Date all of such obligations, together with the interest thereon to the designated redemption date and premium thereon, if any, that may be payable on the redemption of the same. • The remaining proceeds shall be held by the Treasurer and applied to pay the costs of issuance of the Notes. The Refunded Bonds are called and shall be redeemed as of the Call Date. The Clerk is hereby authorized and directed to cause notice of such redemption to be given in compliance with the terms of the Refunded Bonds. Any excess proceeds remaining on hand after completion of the purpose of issuance shall be paid into the Improvement Fund to the maximum required amounts and any remaining amounts shall be used to call or otherwise retire Notes. Section 16. User Rates. There has heretofore been established and published as required by law, just and equitable rates or charges for the use of the service rendered by the System. The rates or charges shall be paid by the owner of each and every lot, parcel of real estate, or building that is connected with and uses the System, by or through any part of the System or that in any way uses or is served by the System. So long as the Notes are outstanding and unpaid the rates or charges to consumers of services of the System shall be sufficient in each year for the payment of the proper and reasonable expenses of operation and maintenance of the System and for the payment of principal - 23 - and interest on the Notes and Parity Notes and obligations as the same fall due, and to provide for the creation of reserves as hereinafter provided. Any revenues paid and collected for the use of the System and its services by the Issuer or any department, agency or instrumentality of the Issuer shall be used and accounted for in the same manner as any other revenues derived from the operations of the System. Section 17. Application of Revenues. From and after the delivery of any Notes, and as long as any of the Notes or Parity Obligations shall be outstanding and unpaid either as to principal or as to interest, or until all of the Notes and Parity Obligations then outstanding shall have been discharged and satisfied in the manner provided in this Resolution, the entire income and revenues of the System shall be deposited as collected in a fund to be known as the Sewer Revenue Fund (the "Revenue Fund"), and shall be disbursed only as follows: (a) Operation and Maintenance Fund. Money in the Revenue Fund shall first be disbursed to snake deposits into a separate and special fund to pay current expenses. The fund shall be known as the Sewer Revenue Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be deposited in the Operation and Maintenance Fund each month an amount sufficient to meet the current expenses of the month plus an amount equal to 1/12th of expenses payable on an annual basis such as insurance. After the first day of the month, further deposits may be made to this account from the Revenue Fund to the extent necessary to pay current expenses accrued and payable to the extent that funds are not available in the Surplus Fund. (b) Sinking~Fund. Money in the Revenue Fund shall next be disbursed to snake deposits into a separate and special fund to pay the principal and interest requirements of the Fiscal Year on the Notes and Parity Obligations. The fund shall be known as the Sewer Revenue Note and Interest Sinking Fund (the "Sinking Fund"). The required amount to be deposited in the Sinking Fund in any month shall be the equal monthly amount necessary to pay in full the installment of interest coining due on the next interest payment date on the then outstanding Notes and Parity Obligations, plus the equal monthly amount necessary to pay in full the installment of principal coming due on such Notes on the next succeeding principal payment date until the full amount of such installment is on hand. If for any reason the amount on hand in the Sinking Fund exceeds the required amount, the excess shall forthwith be withdrawn and paid into the Revenue Fund. Money in the Sinking Fund shall be used solely for the purpose of paying principal of and interest on the Notes and Parity Obligations as the same shall become due and payable. -24- (c) Reserve Fund. Money in the Revenue Fund shall be disbursed to maintain a debt service reserve in an amount equal to the Reserve Fund Requirement. Such fund shall be known as the Sewer Revenue Debt Service Reserve Fund (the "Reserve Fund"). In each month there shall be deposited in the Reserve Fund an amount equal to 25 percent of the amount required by this Resolution to be deposited in such month in the Sinking Fund; provided, however, that when the amount on deposit in the Reserve Fund shall be not less than the Reserve Fund Requirement, no further deposits shall be made into the Reserve Fund except to maintain such level, and when the amount on deposit in the Reserve Fund is greater than the balance required above, such additional amounts shall be withdrawn and paid into the Revenue Fund. Money in the Reserve Fund shall be used solely for the purpose of paying principal at maturity of or interest on the Notes and Parity Obligations for the payment of which insufficient money shall be available in the Sinking Fund. Whenever it shall become necessary to so use money in the Reserve Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (d) Improvement Fund. Money in the Revenue Fund shall next be disbursed to maintain a fund to be known as the Sewer Revenue Improvement Fund (the "Improvement Fund"). The minimum amount to be deposited in the Improvement Fund each month shall be $20,000; provided, however, that when the amount of such deposits in the fund shall equal or exceed $2,000,000, no further monthly deposits need be made into the Improvement Fund except to maintain it at such level. Money in the Improvement Fund not otherwise specially limited by other provisions of this Resolution shall be used solely for the purpose of paying principal of or interest on the Notes or Parity Obligations when there shall be insufficient money in the Sinking Fund and the Reserve Fund; and to the extent not required for the foregoing, to pay the cost of extraordinary maintenance expenses or repairs, renewals and replacements not included in the annual budget of revenues and current expenses, payment of rentals on any part of the System or payments due for any property purchased as a part of the System, and for capital improvements to the System. Whenever it shall become necessary to so use money in the Improvement Fund, the payments required above shall be continued or resumed until it shall have been restored to the required minimum amount. (e) Subordinate Obli atg ions. Money in the Revenue Fund inay next be used to pay principal of and interest on (including reasonable reserves therefor) any other obligations which by their terms shall be payable from the revenues of the System, but subordinate to the Notes and Parity Obligations, and which have been issued for the purposes of extensions and improvements to the System or to retire the Notes or Parity Obligations in advance of maturity, or to pay for extraordinary repairs or replacements to the System. -25- (f) Surplus Revenue. All money thereafter remaining in the Revenue Fund at the close of each month may be deposited in any of the funds created by this Resolution, to pay for extraordinary repairs or replacements to the System, or may be used to pay or redeem the Notes or Parity Obligations, any of theirs, or for any lawful purpose. Money in the Revenue Fund shall be allotted and paid into the various funds and accounts hereinbefore referred to in the order in which the funds are listed, on a cumulative basis on the 10th day of each month, or on the next succeeding business day when the 10th shall not be a business day; and if in any month the money in the Revenue Fund shall be insufficient to deposit or transfer the required amount in any of the funds or accounts, the deficiency shall be made up in the following month or months after payments into all funds and accounts enjoying a prior claim to the revenues shall have been met in full. Section 18. Outstanding Obli atg ions. Nothing in this Resolution shall be construed to impair the rights vested in the Outstanding Obligations. The amounts herein required to be paid into the various funds named in this Resolution shall be inclusive of payments required in respect to the Outstanding Obligations. The provisions of the resolution or resolutions referred to in Section 1 of this Resolution and the provisions of this Resolution are to be construed wherever possible so that the same will not be in conflict. In the event such construction is not possible, the provisions of the resolution first adopted shall prevail until such time as the Notes authorized by the resolution have been paid in full or otherwise satisfied as therein provided at which time the provisions of this Resolution shall again prevail. Section 19. Investments. All of the funds provided by this Resolution may be invested only in Permitted Investments or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation or its equivalent successor, and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for the purposes for which the fund was created or otherwise as herein provided but in no event maturing in more than three years in the case of the Reserve Fund. The provisions of this Section shall not be construed to require the Issuer to maintain separate bank accounts for the funds created by this Section; except the Sinking Fund and the Reserve Fund shall be maintained in a separate account but may be invested in conjunction with other funds of the City but designated as a trust fund on the books and records of the City. -26- All income derived from such investments shall be deposited in the Revenue Fund and shall be regarded as revenues of the System. Investments shall at any time necessary be liquidated and the proceeds thereof applied to the purpose for which the respective fund was created. Section 20. Covenants Re ag rdin t~ he Operation of the System. The Issuer hereby covenants and agrees with each and every holder of the Notes and Parity Obligations: (a) Maintenance and Efficiency. The Issuer will maintain the System in good condition and operate it in an efficient manner and at reasonable cost. (b) Sufficiency of Rates. On or before the beginning of each Fiscal Year the Governing Body will adopt or continue in effect rates for all services rendered by the System determined to be sufficient to produce Net Revenues for the next succeeding Fiscal Year adequate to pay principal and interest requirements and create reserves as provided in this Resolution but not less than 110 percent of the principal and interest requirements of the Fiscal Year. No free use of the System by the Issuer or any department, agency or instrumentality of the Issuer shall be permitted except upon the determination of the Governing Body that the rates and charges otherwise in effect are sufficient to provide Net Revenues at least equal to the requirements of this subsection. (c) Insurance. That the Issuer shall maintain insurance for the benefit of the Noteholders on the insurable portions of the System of a kind and in an amount which normally would be carried by private companies engaged in a similar kind of business. The proceeds of any insurance, except public liability insurance, shall be used to repair or replace the part or parts of the System damaged or destroyed, or if not so used shall be placed in the Improvement Fund. (d) Accounting and Audits. The Issuer will cause to be kept proper books and accounts adapted to the System and in accordance with generally accepted accounting practices, and will diligently act to cause the books and accounts to be audited annually and reported upon not later than 180 days after the end of each Fiscal Year by an Independent Auditor and will provide copies of the audit report to the holders of any of the Notes and Parity Obligations upon request. The holders of any of the Notes and Parity Obligations shall have at all reasonable times the right to inspect the System and the records, accounts and data of the Issuer relating thereto. (e) State Laws. The Issuer will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Iowa, including the making and collecting of reasonable and sufficient rates for services rendered by the System as above provided, and will segregate the -27- revenues of the System and apply the revenues to the funds specified in this Resolution. (f) Pro ert .The Issuer will not sell, lease, mortgage or in any manner dispose of the System, or any capital part thereof, including any and all extensions and additions that may be made thereto, until satisfaction and discharge of all of the Notes and Parity Obligations shall have been provided for in the manner provided in this Resolution; provided, however, that this covenant shall not be construed to prevent the disposal by the Issuer of property which in the judgment of its Governing Body has become inexpedient or unprofitable to use in connection with the System, or if it is to the advantage of the System that other property of equal or higher value be substituted therefor, and provided further that the proceeds of the disposition of such property shall be placed in a revolving fund to be used in preference to other sources for capital improvements to the System. Any such proceeds of the disposition of property acquired with the proceeds of the Notes or Parity Obligations shall not be used to pay principal or interest on the Notes or Parity Obligations or for payments into the Sinking or Reserve Fund. (g) FidelitX Bond. The Issuer shall maintain fidelity bond coverage in amounts which normally would be carried by private companies engaged in a similar kind of business on each officer or employee having custody of funds of the System. (h) Additional Charges. The Issuer will require proper connecting charges and/or other security for the payment of service charges. (i) Budget. The Governing Body of the Issuer shall approve and conduct operations pursuant to a system budget of revenues and current expenses for each Fiscal Year. Such budget shall take into account revenues and current expenses during the current and last preceding Fiscal Year. Copies of such budget and any amendments thereto shall be provided to the holders of any of the Notes upon request. Section 21. Remedies of Noteholders. Except as herein expressly limited the holder or holders of the Notes and Parity Obligations shall have and possess all the rights of action and remedies afforded by the common law, the Constitution and statutes of the State of Iowa, and of the United States of America, for the enforcement of payment of their Notes and interest thereon, and of the pledge of the revenues made hereunder, and of all covenants of the Issuer hereunder. Section 22. Prior Lien and Parity Obli atg ions. The Issuer will issue no other notes, bonds or obligations of any kind or nature payable from or enjoying a lien or claim on the property or revenues of the System having priority over the Notes or Parity Obligations. -28- Additional Obligations may be issued on a parity and equality of rank with the Notes with respect to the lien and claim of such Additional Obligations to the revenues of the System and the money on deposit in the funds adopted by this Resolution, for the following purposes and under the following conditions, but not otherwise: (a) For the purpose of refunding any of the Notes or Parity Obligations which shall have matured or which shall mature not later than three months after the date of delivery of such refunding obligation and for the payment of which there shall be insufficient money in the Sinking Fund and the Reserve Fund; (b) For the purpose of refunding any outstanding Notes, Parity Obligations or general obligation notes or making extensions, additions, improvements or replacements to the System, if all of the following conditions shall have been met: (i) before any such Additional Obligations ranking on a parity are issued, there will have been procured and filed with the City Clerk, a statement of an Independent Auditor, independent financial consultant or a consulting engineer, not a regular employee of the Issuer, reciting the opinion based upon necessary investigations that the Net Revenues of the System for the preceding Fiscal Year (with adjustments as hereinafter provided) were equal to at least 1.25 times the maximum amount that will be required in any Fiscal Year prior to the longest maturity of any of the Notes or Parity Obligations for both principal of and interest on all Notes and Parity Obligations then outstanding which are payable from the net earnings of the System and the Additional Obligations then proposed to be issued. For the purpose of determining the Net Revenues of the System for the preceding Fiscal Year as aforesaid, the amount of the gross revenues for such year may be adjusted by an Independent Auditor, independent financial consultant or a consulting engineer, not a regular employee of the Issuer, so as to reflect any changes in the amount of such revenues which would have resulted had any revision of the schedule of rates or charges imposed at or prior to the time of the issuance of any such Additional Obligations been in effect during all of such preceding Fiscal Year. (ii) the Additional Obligations must be payable as to principal and as to interest on the same month and day as the Notes herein authorized. -29- (iii) for the purposes of this Section, principal and interest falling due on the first day of a Fiscal Year shall be deemed a requirement of the immediately preceding Fiscal Year. (iv) for the purposes of this Section, general obligation bonds or notes shall be refunded only upon a finding of necessity by the Governing Body and only to the extent the general obligation bonds or notes were issued or the proceeds thereof were expended for the System. (v) for purposes of this Section, "preceding Fiscal Year" shall be the most recently completed Fiscal Year for which audited financial statements prepared by a certified public accountant are issued and available, but in no event a Fiscal Year which ended snore than eighteen months prior to the date of issuance of Additional Obligations. Section 23. Disposition of Proceeds; Arbitrage Not Permitted. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of such statute and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage notes. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to snake and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. The Issuer covenants that it will treat as Yield Restricted any proceeds of the Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Notes and Parity Obligations, the Issuer shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. -30- The Issuer covenants that it will exceed any investment yield restriction provided in this Resolution only in the event that it shall first obtain an opinion of recognized bond counsel that the proposed investment action will not cause the Notes to be classified as arbitrage bonds under Section 148(a) and (b) the Internal Revenue Code or regulations issued thereunder. The Issuer covenants that it will proceed with due diligence to spend the proceeds of the Notes for the purpose set forth in this Resolution. The Issuer further covenants that it will snake no change in the use of the proceeds available for the construction of facilities or change in the use of any portion of the facilities constructed therefrom by persons other than the Issuer or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Notes not to be exempt from federal income taxes in the hands of holders other than substantial users of the project, under the provisions of Section 142(a) of the Internal Revenue Code of the United States, related statutes and regulations. Section 24. Additional Covenants Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 25. Qualified Tax-Exempt Obli atg ions. For the sole purpose of qualifying the Notes as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b) of the Internal Revenue Code of the United States, as amended, the Issuer designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental obligations which will be issued during the current calendar year will not exceed Thirty (30) Million Dollars. Section 26. Discharge and Satisfaction of Notes. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Notes and Parity Obligations, or any of them, in any one or more of the following ways: -31- (a) By paying the Notes or Parity Obligations when the same shall become due and payable; and (b) By depositing in trust with the Treasurer, or with a corporate trustee designated by the Governing Body for the payment of the obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which the obligations may be redeemed, all of such obligations outstanding at the time, together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or provisions shall have been made for such publication. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to the Notes or Parity Obligations shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 27. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Notes and Parity Obligations, and after the issuance of any of the Notes no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Notes and Parity Obligations, and interest due thereon, shall have been satisfied and discharged as provided in this Resolution. Section 28. Amendment of Resolution Without Consent. The Issuer may, without the consent of or notice to any of the holders of the Notes and Parity Obligations, amend or supplement this Resolution for any one or more of the following purposes: (a) to cure any ambiguity, defect, omission or inconsistent provision in this Resolution or in the Notes or Parity Obligations; or to comply with any application provision of law or regulation of federal or state agencies; provided, however, that such action shall not materially adversely affect the interests of the holders of the Notes or Parity Obligations; (b) to change the terms or provisions of this Resolution to the extent necessary to prevent the interest on the Notes or Parity Obligations from being includable. within the gross income of the holders thereof for federal income tax purposes; -32- (c) to grant to or confer upon the holders of the Notes or Parity Obligations any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the holders of the Notes; (d) to add to the covenants and agreements of the Issuer contained in this Resolution other covenants and agreements of, or conditions or restrictions upon, the Issuer or to surrender or eliminate any right or power reserved to or conferred upon the Issuer in this Resolution; or (e) to subject to the lien and pledge of this Resolution additional pledged revenues as may be permitted by law. Section 29. Amendment of Resolution Requiring Consent. This Resolution may be amended from time to time if such amendment shall have been consented to by holders of not less than two-thirds in principal amount of the Notes and Parity Obligations at any time outstanding (not including in any case any Notes which may then be held or owned by or for the account of the Issuer, but including such Refunding Obligations as may have been issued for the purpose of refunding any of such Notes if such Refunding Obligations shall not then be owned by the Issuer); but this Resolution may not be so amended in such manner as to: (a) Make any change in the maturity of interest rate of the Notes, or modify the terms of payment of principal of or interest on the Notes or any of them or impose any conditions with respect to such payment; (b) Materially affect the rights of the holders of less than all of the Notes and Parity Obligations then outstanding; and (c) Reduce the percentage of the principal amount of Notes, the consent of the holders of which is required to effect a further amendment. Whenever the Issuer shall propose to amend this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be filed with the Original Purchaser and to be mailed by certified mail to each registered owner of any Note as shown by the records of the Registrar. Such notice shall set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory Resolution is on file in the office of the City Clerk. Whenever at any time within one year from the date of the mailing of the notice there shall be filed with the City Clerk an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of the Notes then outstanding as in this Section defined, which instrument or instruments shall refer to the proposed amendatory Resolution described in the notice and shall specifically consent to and -33- approve the adoption thereof, thereupon, but not otherwise, the Governing Body of the Issuer may adopt such amendatory Resolution and such Resolution shall become effective and binding upon the holders of all of the Notes and Parity Obligations. Any consent given by the holder of a Note pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the instrument evidencing such consent and shall be conclusive and binding upon all future holders of the same Note during such period. Such consent may be revoked at any time after six months from the date of such instrument by the holder who gave such consent or by a successor in title by filing notice of such revocation with the City Clerk. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. The amount and numbers of the Notes held by any person executing such instrument and the date of his holding the same may be proved by an affidavit by such person or by a certificate executed by an officer of a bank or trust company showing that on the date therein mentioned such person had on deposit with such bank or trust company the Notes described in such certificate. Section 30. Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 31. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby approved and incorporated by reference as part of this Resolution and made a part hereof and the Mayor and City Clerk are hereby authorized to execute and deliver the same at issuance of the Notes. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Notes or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this Section, "Beneficial Owner means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Notes (including persons -34- holding Notes through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Notes for federal income tax purposes. Section 32. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed; and this Resolution shall be in effect from and after its adoption. ADOPTED AND APPROVED this 23rd day of March , 2010. ~~~ ~ Mayor ATTEST: City Jerk -35- CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of the City of Iowa City, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this _ 23rd _ day of March , 2010. City rk, City of Iowa City, State of Iowa (SEAL) 645220.1 /MSVI%ord10714.099 8 ~~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240; 319-356-5053 RESOLUTION NO. 10-87 RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. WHEREAS, a public hearing on the proposed budget for the fiscal year ending June 30, 2011, was held on this date, March 23, 2010, at a regularly scheduled City Council meeting and public comments were received. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The annual budget for the fiscal year ending June 30, 2011, as set forth in the Adoption of Budget and Certification of Taxes and on the Adopted Budget Summary, together with the detailed budget in support thereof showing revenue estimates, appropriation expenditures, and program allocations for said fiscal year should be and hereby is adopted. 2. The City Clerk is hereby directed to make the filings required by law, and to set up the books in accordance with the summary and details, as adopted. Passed and approved this 23rd day of March , 2010. ~1 .~ ~i „ MAYOR CITY LERK Ap ved ,y' a ~. CityAtt rney' i ~_~6_~~ It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x X x X ~_ -~ ~_ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright finad mUeslannlbdgt-2011.doc io~sn~oisl~nsaa•n~.Mn~ o; 08 `sueMO; ~o~ 6uiysi;dwoooe si;uawwano6 a;e;s;eynn aas of L685-ZbZ X965) xed ZZ££-L8Z ~SLS) auoyd sn~Bi~a;els~uiop•,+~n~.h~ :a;isgap/~ 6l£09 `dM01 `S3NIOW S3a Z6 W002i 'JNlallfl8 lOllddO 1N3W3Jt/Nb'W dO lN3Wl21dd34 2IO.LIQIld ~.I.Nf10~ I~IOSI~II-IOf `,L.L~?I~O"IS WO.I. Q2IOd N~Hdd.LS :00 ~o}oa~!Q ua!aa}u~ olus0 p~ayo!~ f `~(~a~aou!g '0 ~OZ `~Z yo~eW s! a}rrp anp Mau ayl pano~dde sl ~o}!pna ~(}unoo ay} o} }a6pnq ay} ~(}!}~ao o} uo!sua}xa ue ~o} }sanba~ ayl •(g `g~•~gE) a}ep anp ay} 6u!}aaua wog} uaay} }uana~d „~(}!o ay} }o boa}uoo ay} puo~(aq saoue}suano~!o„ a}e~}suouaap }ey} sa!}!o O} pa}ue~6 aye suolsua}x3 •}a6pnq ~(}!o ~no~( ~!}~ao o} uo!sua}xa ue 6ul}sanbaa aa}}a~ anon( pan!aoa~ aM /~}I~ f?MO~ ~O /~}I~ 9Z8 ~-OtiZZS bl `~}!~ enrol }g uo}6u!yseM ~ Obi ~I~a!~ ~(}!~ ~~e}~ ~ ueueW /~}I~ eMO~ }O /~}I~ CMDI `~1?~ EMDj SI~aI~ ~~ kt//d~ • / OIOZ 6 I ~'dW Q~'II3 OIOZ `9L 4oJeW 2101~3MI4 WIL131NI 'OlHSO QaHH~RI 210N2l3n0`J ~ll '3`JOflf ,l l l b'd 1N3W~Jb'N`dW d0 1N3W12~`dd~a aoNa3noo `a3nln~ 'r 2i~1s~H~ ~N~~ ~ ~ ~ ~ ..]..~.J..s sauTanuoddp;o sp~T3 'G~ 9 ~~ Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-96 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:00 p.m. on the 22nd day of April, 2010. 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 meetinq~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 27t day of April, 2010, or at a special meeting called for that purpose. Passed and approved this 23rd day of March , 20 t n _,~~ ~ MAYOR Approved by ATTEST: ,J ,(JM.d" ~rlt,~.wyuz~ ~y~e~~~ CITY ERK City Attorney's Office ~1 `1 Irv pwengVreslmercerpoolfilter appp&s.doc 3110 Resolution No. 10-96 Page 2 It was moved by Chamuion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~_ ~_ x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossary/resolution-ic.doc rs_i 10 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 10-97 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SANITARY SEWER REHABILITATION 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 15th day of April, 2010. 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 meetinq~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 27t day of April, 2010, or at a special meeting called for that purpose. Passed and approved this 23rd day of March , 2010 MAYOR Approved by ATTEST: ,~ 9~ • `~22~(.t/ ~GLtc... ~4~iy1An<1~~~~ ~J~'~YI_-~'1.J CIT LERK Clty Attorney's Office _~ ~ ..I~~l~ pwengVres/2010sanswr rehab appp&s.doc 3110 Resolution No. 10-97 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: _~._ x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M ~-~' 11 ~~. Prepared by. Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 10-98 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 PAVEMENT REPLACEMENT FOR WATER MAIN 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid" payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 15th day of April, 2010. 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 meetinq~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 27t day of April, 2010, or at a special meeting called for that purpose. Passed and approved this 23rd day of March , 20 10 /~1~~~ ~- MAYOR Approved by ATTEST: 9C - ~ ` ~t'~~~`" ./"„"r~~ ~`~ CIT LERK ~ity Attorney's Office 3~1~-~~ pwengVres/2010pavereplace appp~s doc 3/10 Resolution No. 10-98 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x Champion x Dickens X Hayek x Mims x Wilburn X ~_ Wright wpdata/glossary/resolution-ic.doc ~; } fi ~ 03-23-10 v 12 Prepared by. Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 10-99 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 WATER MAIN DIRECTIONAL BORING 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 15`h day of April, 2010. 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 meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 27t day of April, 2010, or at a special meeting called for that purpose. Passed and approved this 23rd day of March , 20 10 ~- r~'1'1 MAYOR i Approved by ATTEST: CITY LERK City Attorney's Office .~~ ~~~~© pwengVres/2010wtrmain boring appp&s.doc 3/10 Resolution No. 10-99 Page 2 It was moved by wiiburn and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey ~_ Champion x Dickens X Hayek -~--- Mims x Wilburn x Wright x wpdata/glossary/resolution-ic.doc it.;;~ ~_r - - ~` 13 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5149 RESOLUTION NO. 10-100 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE 2010 SIDEWALK INFILL PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the 2010 Sidewalk Infill Project ("Project") which includes the construction of sidewalk along Rochester Avenue, Dubuque Road and Bristol Drive; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the Iowa City Engineer's office has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the 2010 Sidewalk Infill Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the 2010 Sidewalk Infill Project (Project ), which Project constitutes a public improvement under Iowa law. The City Council'further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. Resolution No. 10-100 Page 2 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 23rd day of March 20 10 MAYOR ATTEST:~~~~ CIT17-CLERK Approved by ,Q fI City Attorney's Office ~'~ /~ ~ It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng\res\easres2010Sidwalklnfill.doc F-~ NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE 2010 SIDEWALK INFILL PROJECT TO: Robert W. & Dorothy L. Stevens 2949 Rochester Avenue Iowa City, IA 52245 James A. & Loretta C. Clark 414 E. Market Street Iowa City, IA 52245 Marie Ruppert 1406 N Dubuque Road Iowa City, IA 52245-5718 Jason G. & Jessica M. Andersen 1610 N Dubuque Road Iowa City, IA 52245-5722 James Putman & Kathleen Holt 1630 N Dubuque Road Iowa City, IA 52245-5722 Donald E. Jr. & Terry Rhoades c/o River City Properties 1550 S Gilbert Street Iowa City, IA 52240 Karen Wicks Lenane & H. Clare Wicks 1704 N Dubuque Road Iowa City, IA 52245-5724 Frederick P. & Erica A. Meyer 637 Scott Park Drive Iowa City, IA 52245 Bernard A. & Nancy A. Sorofman 1501 Bristol Drive Iowa City, IA 52245-5704 Robert W. Stevens Jr., Shirley A. Connor Judy L. Gabriel & James E. Stevens 2510 Aaron Drive SE Iowa City, IA 52240 Dennis E. & Barbara Jo Doherty 541 Amhurst Street Iowa City, IA 52245 Virginia A. Melroy & James R. Neagle 1512 N Dubuque Road Iowa City, IA 52245-5720 Lisa A. Ziniel 1620 N Dubuque Road Iowa City, IA 52245-5720 Jon & Mary Swanson 7840 Vineyard Drive Paso Robles, CA 93446-9687 Arthur H. Miller 1700 N Dubuque Road Iowa City, IA 52245-5724 Ting-Fong & Nei-Jia C. Chin 1710 N Dubuque Road Iowa City, IA 52245-5724 James A. & Sandra J. Bucher 1740 N Dubuque Road Iowa City, IA 52245-5724 William F. & Patricia A. Sueppel 1408 Bristol Drive Iowa City, IA 52245 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural. property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the 2 2010 Sidewalk Infill Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of an 8-foot wide sidewalk along the south side of Rochester Avenue from where it currently ends, about 180 feet east of Larch Lane, to Amhurst Street, construction of a 4-foot wide sidewalk along the east side of Dubuque Road from North Dodge Street to Bristol Drive, and construction of a 4-foot wide sidewalk on the west side of Bristol Drive from where is currently ends to the proposed sidewalk along Dubuque Road. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 23rd day of March, 2010 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a 3 resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the 2010 Sidewalk Infill Project please contact the following person: Joshua J. Slattery Civil Engineer City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5149 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) 4 f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian K. Karr City Clerk Page 1 of 2 Marian Karr From: Josh Slattery Sent: Monday, February 22, 2010 4:09 PM To: Marian Karr Subject: RE: 3828-434710 From: Marian Karr Sent: Monday, February 22, 2010 3:26 PM To: Josh Slattery Subject: RE: Account number to be billed? __.._ From: Josh Slattery Sent: Monday, February 22, 2010 3:10 PM To: Julie Voparil Cc: Marian Karr Subject: FW: Attached in the Notice of Intent to Acquire Property Rights to be published. Thanks, Josh From: Kim Sandberg Sent: Monday, February 22, 2010 3:03 PM To: Josh Slattery Subject: FW: Forward this down to Julie Voparil along with the account number to charge off the costs to. From: Josh Slattery Sent: Monday, February 22, 2010 2:36 PM To: Kim Sandberg Subject: Joshua J. Slattery, P.E. Civil Engineer City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Ph: (319) 356-5149 Fx: (319) 356-5007 2/22/2010 "'~~ i s Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5247 RESOLUTION NO. 10-101 RESOLUTION AUTHORIZING AND DESIGNATING THE CITY PUBLIC WORKS DIRECTOR OR DESIGNEE TO SUBMIT THE CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS TO CONSTRUCT A LANDFILL GAS PIPELINE. WHEREAS, the City of Iowa City, University of Iowa, and MidAmerican Energy Company are partnering to enable landfill gas to be used for renewable energy production in a new, state-of-the-art energy facility; and WHEREAS, the U.S. Department of Energy administers the federal Energy Efficiency and Conservation Block Grant Program (EECBG), the purpose of which is to fund improvements that increase energy efficiency and reduce energy consumption; and WHEREAS, the City of Iowa City is eligible to apply for $1,000,000 from the EECBG program to fund construction of a landfill gas pipeline from the Iowa City Landfill to the University of Iowa Research Park on Oakdale Boulevard; and WHEREAS, the City of Iowa City desires to submit an application requesting $1,000,000 from said program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City hereby officially endorses and directs the City Public Works Director or designee to submit an EECBG application to the Iowa Office of Energy Independence (IOEI) and to implement certain energy. conservation projects. 2. The City Manager or designee is hereby authorized to execute all necessary agreements and documents for said grant with the Federal Department of Energy and IOEI. 3. The City hereby authorizes the following staff to receive funds from said program: City Finance Director, City of Iowa City, 410 E. Washington Street, Iowa City, Iowa 52240; phone: (319) 356- 5053. 4. The City affirms that expenditures from said program will abide by the Davis-Bacon Act wage rates. Passed and approved this 23rd day of March ATTEST: 7~ CI LERK 2010. - ~ MAYOR Approved by ~Cc-ta City Attorney's Office 3~t~! ~d wpdffia/rjccogtp/res/ka-energyefffu nds. doc Resolution No. 10-101 Page 2 It was moved by Wilburn and seconded by D; ckens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X .Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdata/glossarylresolution-ic.doc ~~~~ 17 Prepared by: Sarah Holecek, 151 Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 10-102 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EMPLOYMENT AGREEMENT BETWEEN NICK TRENARY, THE CITY OF IOWA CITY, IOWA, AND THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY (JECC) FOR THE EMPLOYMENT OF NICK TRENARY AS A SYSTEMS/NETWORK ANALYST WHEREAS, the Joint Emergency Communication Center of Johnson County ("JECC") Executive Director wishes to hire Nick Trenary as a Systems/Network Analyst for JECC and has negotiated terms of employment between JECC and Trenary; and WHEREAS, JECC has proposed that Nick Trenary be employed, for administrative purposes, by the City of Iowa City under the attached Contract of Employment until June 30, 2010, and thereafter by JECC exclusively, and such arrangement is acceptable to City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Contract of Employment for Systems/Network Analyst Nick Trenary. Passed and approved this 23rd day of March , 20.10. -~-~~1.~--- MAYOR ~ - ATTEST: 9~- y Attorn ~y's is Y CLERK `~ v It was moved by Bailey and seconded by Champion the Resolution be adopted, and upon roll call there were: Approved AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mimms ~ Wilburn _ g Wright =w CONTRACT OF EMPLOYMENT THIS CONTRACT is made and entered into effective the a9~~day of March, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"), and Nick Trenary (hereinafter sometimes referred to as "System/Network Analyst"). 1. The City hereby employs Nick Trenary as an at will employee in the position of the JECC System/Network Analyst commencing March ~`3`p;' 2010 and ending on June 30, 2010, subject to earlier termination under the terms and conditions set forth in this Contract. JECC hereby employs Nick Trenary as an at will employee in the position of System/Network Analyst beginning July 1, 2010, with no fixed termination date, and continuing until either Party gives proper notice of termination of this employment agreement to the other, subject to all of the terms and conditions set forth in this Contract. 2. During the term of employment by the City and subsequently by the JECC, Nick Trenary is assigned to be the System/Network Analyst of the JECC. The System/Network Analyst's duties and job responsibilities shall be those contained in the attached Job Description marked as Exhibit A, as well as such other duties as may be assigned by the Executive Director or Associate Director of the JECC. 3. The System/Network Analyst agrees to perform all of the duties as System/Network Analyst of the JECC, and further agrees to discharge his duties under this Contract and the attached Job Description in accordance with the laws of the State of Iowa and any applicable federal laws of the United States. 4. In consideration of the proper performance by the System/Network Analyst of the duties as herein provided, the City and JECC hereby agree to pay the System/Network Analyst an annual salary of Sixty-Three Thousand Dollars ($63,000). The annual salary shall be paid in equal bi-weekly installments in accordance with the procedures governing payment of other Administrative and Confidential employees of the City and the Systetn/Network Analyst shall be classified as an administrative employee for purposes of overtime compensation. The City shall withhold those amounts required to be withheld by state and federal law and shall withhold those amounts that maybe elected by the System/Network Analyst upon hire. 5. The Executive Director or Associate Director of the JECC shall conduct an evaluation of the System/Network Analyst's performance not later than , 2010, and annually thereafter. 6. During the time period in which the System/Network Analyst is an employee of the City, the System/Network Analyst of the JECC shall receive the same benefits as those provided to other Administrative and Confidential employees of the City under the Administrative and Confidential Employees Benefits Handbook dated September, 2004, with the same limitations and exclusions, and subject to any amendments made by the City during the time the System/Network Analyst is employed by the City. The System/Network Analyst shall be classified as an administrative employee for purposes of overtime compensation and the application of other System/Network Analyst Contract of Employment, Page 1 benefits. When the System/Network Analyst becomes an employee of the JECC, the JECC will provide benefits which are as comparable as possible to those provided by the City, depending on availability of comparable benefit packages for an employer of JECC's size, and depending on budget restrictions. 7. The City will reimburse the System/Network Analyst for expenses for mileage associated with the use of his personal vehicle to perform his duties under this agreement at the rate established by the Internal Revenue Service. 8. This Contract is subject to termination at any time for any reason by the City, the JECC, or the System/Network Analyst upon three (3) weeks advance written notice. The City and JECC have the option of paying the System/Network Analyst three (3) weeks pay in lieu of advance notice of termination. 9. The Executive Director or Associate Director of the JECC have authority to discipline the System/Network Analyst during the entire term of this Agreement. During the time period that the System/Network Analyst is an employee of the City, discipline will be conducted consistent with the City of Iowa City Personnel Policies approved by the City Council under Resolution OS-08 dated January 4, 2005. When the SystemlNetwork Analyst becomes an employee of the JECC, discipline will be conducted consistent with any policies adopted by the JECC Policy Board. 10. During the time period that the System/Network Analyst is employed by the City of Iowa City, the City will conduct a monthly cost accounting of all payments made for all benefits, compensation or other costs directly attributable to the employment of the System/Network Analyst and generate an accounts receivable billing statement to the JECC for payment. Payment shall be due within thirty (30) days of receipt of the statement. Health insurance benefits will be cost accounted and billed to the JECC on a claims made basis. 11. The JECC hereby agrees to indemnify, defend and save harmless the City of Iowa City, its assigns, successors, officers, employees, agents, and elected or appointed officials from any and all liability whatsoever, including all claims, demands and causes of action of every nature, including any claims for attorney fees, which may now or ever arise by reason of the City's employment of the System/Network Analyst. Prior to the date of the System/Network Analyst's employment, the JECC hereby agrees to obtain and carry Class II liability insurance as follows: A. Comprehensive General Liability: $1 million each occurrence, $2 million aggregate property damage and bodily injury; B. Errors and Omissions Liability: $1 million each occurrence, $2 million aggregate C. Automobile Liability: $1 million combined single limit bodily injury and property damage D. Excess Liability: $1 million each occurrence, $1 million aggregate E. Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. The JECC's insurance carrier shall be A rated or better by A.M. Best, the City of Iowa City shall be named as an additional insured and the JECC shall provide the City a Certificate of Insurance satisfactory to the City. System/Network Analyst Contract of Employment, Page 2 13. This Contract shall be interpreted and enforced in accordance with the laws of the State of Iowa. The headings appearing in this Contract are for convenience of reference only and shall not be deemed a part of this Contract. The terms of this Contract cannot be varied except in a writing signed by the party against whom the modification is sought to be enforced. .31 ~ ~1 ~ Date 3/i,~/~~ D~~ March 23, 2010 Date March .23, 2010 Date r Nick Trenary Joint Emergency Communications Services Association of Johnson County C By: - - City of Iowa City, Iowa By: Matthew J. Ha e yor^/J ATTEST: ~1-~~~„~~ ~ `7~~ Mari K. Karr, City Clerk System/Network Analyst Contract of Employment, Page 3 ~Xi-61~iT "i~'° Job Description Job Title: .System/Network Analyst Job Code: Department: Joint Emergency Communications Center Division: Emergency Communications Incumbent: Supervised by: Executive Director and Associate Director/Systems Administrator Position No.: FLSA Status: Exempt Grade: Prepared by: Michael Sullivan, Executive Director Prepared Date: December 29, 2009 General Definition of Work Will work with the Associate Director/ Systems Administrator to research, plan, install, configure, troubleshoot, maintain and upgrade technology for the Joint Emergency Communications Center. This individual will also analyze and evaluate present or proposed technologies, and make purchasing recommendations to JECC administration. Responsible for the installation, layout, and maintenance of all network components along with the operating system and associated subsystems as well. Plans, designs, analyzes, and provides technical support for data communications network or group of networks. Conducts research and evaluation of network technology along with providing system level support multi-user operating systems, hardware and software tools, including installation, configuration, maintenance, and support of these systems. Identifies alternatives for optimizing computer resources. Work is performed under the general supervision of the JECC Associate Director/ Systems Administrator. Essential Duties and Responsibilities 1. Consults with users and evaluate requirements, recommend designs, provide cost analyses, plan projects, and coordinate tasks for installation of data networks. 2. Analyzes and resolves technical problems for established networks. JECC Systems/Network Analyst Job Description 12/09 3. Plans, tests, recommends, and implements network, file server, mainframe, and workstation hardware and software. 4. Researches, plans, installs, configures, troubleshoots, maintains and upgrades operating systems. 5. Researches, plans, installs, configures, troubleshoots, maintains and upgrades hardware and software interfaces with the operating system. Analyzes and evaluates present or proposed business procedures or problems to define data processing needs. 6. Provides network documentation, training, and guidance to computing system clients and programmers. 7. Serves as technical specialist in network problems and emergencies. 8. Troubleshoots and resolves network production problems, hardware, software, and connectivity issues including user access. 9. Conducts technical research on network & system upgrades and components to determine feasibility, cost, time required, and compatibility with current system. 10. Maintains and supports backups of system data. 11. Recommends network solutions for short, medium, and long-range network projects. 12. Installs, configures and maintains network components. 13. Determines plan layout for new hardware or modifications to existing layout. 14. Installs, upgrades, and configures network printing, directory structures, user access, security, software, and file services. 15. Establishes user profiles, user environments, directories, and security for networks being installed. 16. Records and maintains hardware and software inventories, site and/or server licensing, and user access and security. 17. Works with vendors to resolve complex network problems. 18. Maintains confidentiality with regard to the information being processed, stored or accessed by the network. 19. Documents network & system issues and resolutions for future reference. 20. On-call support including system, network, server, hardware, and application issues. 21. Flexibility in work schedule 22. Other duties as assigned Additional Job Duties Assists personnel of other departments as a computer resource. Oversees the installation of hardware and software by outside vendors. Provides on-the-job training to new department staff members. Provides computer orientation to new JECC staff. Performs any other specific task as assigned by the Executive Director or the Associate Director/Systems Administrator. Qualifications/Skills To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Strong ability to read, analyzes, and interprets complex documents; interpret a variety of technical information and deal with several abstract and concrete variables. Education and/or Experience An Associates Degree with major work in a related field plus 3-5 years experience in a computer related field, including implementing security controls, systems/network management, and educating others in the use of computer technology or equivalent combinations of education and experience. Experience with two way radio systems technology, voice telecommunications and associated dispatch control technology in a public safety dispatch environment highly desirable, but not essential. JECC Systems/Network Analyst Job Description 12/09 2 Required Computer Skills/Technical Skills Thorough knowledge of local area networking systems including design, implementation and administration of file servers, database applications, storage, email, software, and associated desktop computers. Knowledge of network operating systems required including Windows front end. Knowledge in the use of network tools and utilities for collecting data to make efficient use of network technologies. Other Requirements Familiarity with standard operating procedures for City and County public safety agencies. Strong verbal and written communication skills. Ability to effectively function in stressful and critical situations. Ability to report to work during inclement weather. Subject to call back for duty during emergency situations i.e., disasters, severe storms, below minimum staffing, etc. Strong leadership and planning skills. Ability to recognize unique talents /resources and utilize them to maximize productivity. Excellent team skills. Ability to establish and maintain effective working relationships and public relations. Ability to exhibit solid interpersonal skills, including conflict resolution skills, to work with citizens, other agencies and employees Ability to handle multiple tasks simultaneously and move quickly from one assignment to another. Prerequisites Must possess a valid driver's license to operate a motor vehicle in the State of Iowa. Must be capable of passing a background check. Must be free of all illicit non-prescription drugs. JECC Systems/Network Analyst Job Description 12/09 CONTRACT OF EMPLOYMENT THIS CONTRACT is made and entered into effective the a9~day of March, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (herein r ~"City"), and Nick Trenary (hereinafter sometimes referred to as "System/Network Analyst" . 1. The City hereby emp JECC System/Network Analyst con subject to earlier termination under tr employs Nick Trenary as an at will e' July 1, 2010, with no fixed terminatic termination of this employment agree forth in this Contract. ys Nick Trenary as an at will emplo ee in the position of the fencing March ~`~ 2010 and e ding on June 30, 2010, terms and conditions set forth in is Contract. JECC hereby ~loyee in the position of Syste etwork Analyst beginning date, and continuing until eft er Party gives proper notice of ent to the other, subject to 1 of the terms and conditions set 2. During the term of e loyment by the Cit and subsequently by the JECC, Nick Trenary is assigned to be the System/N twork Analyst of e JECC. The System/Network Analyst's duties and job responsibilities shall be ose contained n the attached Job Description marked as Exhibit A, as well as such other duties a may be ass' ed by the Executive Director or Associate Director of the JECC. 3. The System/Network Analy t a ees to perform all of the duties as System/Network Analyst of the JECC, and further agrees to di arge his duties under this Contract and the attached Job Description in accordance with the laws the State of Iowa and any applicable federal laws of the United States. 4. In consideration of the~Sroper p fc duties as herein provided, the City an ~ JECC her b annual salary of Sixty-Three Thous d Dollars ($ bi-weekly installments in accor ance with thf Administrative and Confidential ~mployees of the classified as an administrative employee for purpo: withhold those amounts required to be withheld by amounts that maybe elected by the System/Network rmance by the System/Network Analyst of the agree to pay the System/Network Analyst an ,000). The annual salary shall be paid in equal procedures governing payment of other y and the System/Network Analyst shall be .es of overtime compensation. The City shall stat and federal law and shall withhold those Anal st upon hire. 5. The Exec,{itive Director or Associate Dir for of the JECC shall conduct an evaluation of the Systen~/Network Analyst's performance not ater than , 2010, and annually thereafter.,.' 6. Duri#~g the time period in which the System/Network Analyst is an employee of the City, the System/N~work Analyst of the JECC shall receive the same benefits as those provided to other Administrative and Confidential employees of the City under the Administrative and Confidential Employees Benefits Handbook dated September, 2004, with the same limitations and exclusions, and~ubject to any amendments made by the City during the time the System/Network Analyst is employed by the City. The System/Network Analyst shall be classified as an administrative employee for purposes of overtime compensation and the application of other System/Network Analyst Contract of Employment, Page 1 benefits. When the System/Network Analyst becomes an employee of the JECC, the JECC will provide benefits which are as comparable as possible to those provided by the City, depending on availability of comparable benefit packages for an employer of JECC's size, and depending on budget restrictions. 7. The City will reimburse the System/Network Analyst for expenses for mileage associated with the use of his personal vehicle to perform uties under this agreement at the rate established by the Internal Revenue Service. 8. This Contract is subject to termin tion at any time for any reason by the City, the JECC, or the System/Network Analyst upon thre (3) weeks advance 'tten notice. The City and JECC have the option of paying the System/Netw rk Analyst three ( weeks pay in lieu of advance notice of termination. 9. The Executive Director or As discipline the System/Network Analyst during t period that the System/Network Analyst is an consistent with the City of Iowa City Person Resolution OS-08 dated January 4, 2005. When of the JECC, discipline will be conducted consi Board. iate Directo of the JECC have authority to entire to of this Agreement. During the time ~loyee o the City, discipline will be conducted Polici s approved by the City Council under Sys m/Network Analyst becomes an employee it th any policies adopted by the JECC Policy 10. During the time period that the S Iowa City, the City will conduct a monthly co t compensation or other costs directly attributa e t and generate an accounts receivable billin tate due within thirty (30) days of receipt o the st accounted and billed to the JECC on a cl ms made 11. The JECC hereby agr es to ind fy, defend and save harmless the City of Iowa City, its assigns, successors, officer ,employees, ag ts, and elected or appointed officials from any and all liability whatsoever, inclu ing all claims, d ands and causes of action of every nature, including any claims for attorney es, which may now r ever arise by reason of the City's employment of the System/Network Analyst Prior to the date of System/Network Analyst's employment, the JECC hereby agrees to obtain d carry Class II liability nsurance as follows: A. Comprehensive eneral Liability: $1 mi ion each occurrence, $2 million aggregate property damage and bodily,~njury; B. Errors and Omissions Liability: $1 million eac occurrence, $2 million aggregate C. Automobile L,j~~bility: $1 million combined sin a limit bodily injury and property damage D. Excess Liability: $1 million each occurrence, $1 illion aggregate E. Workers' Compensation Insurance as required by hapter 85, Code of Iowa. The JECC's 'nsurance.cartier shall be A rated or better b A.M. Best, the City of Iowa City shall be named as an a di ' a insured and the JECC shall provi the City a Certificate of Insurance satisfactory to the City. stem/Network Analyst is employed by the City of accounting of all payments made for all benefits, the employment of the System/Network Analyst ent to the JECC for payment. Payment shall be ement. Health insurance benefits will be cost System/Network Analyst Contract of Employment, Page 2 13. This Contract shall be interpreted and enforced in accordance with the laws of the State of Iowa. The headings appearing in this Contract are for convenience of reference only and shall not be deemed a part of this Contract. The terms of this Contract cannot be varied except in a writing signed by the party against whom the modification is sought to be enforced. 3 q l~ Date ,on 3 i,~ ~ D to Date Date System/Network Analyst Contract of Employment, Page 3 Job Description Job Title: System/Network Analyst Job Code: Department: Joint Emergency Communications Center Division: Emergency Communications Incumbent: Supervised by: Executive Director and Associate Director Position No.: FLSA Status: Exempt Grade: Prepared by: Michael Sullivan, Executive Di Prepared Date: December 29, 2009 General Definition of Work s Administrator Will work with the Associate Director/ S terns Administrator to research, plan, install, configure, troubleshoot, maintain and upgrade technology for th Joint Emergency communications Center. This individual will also analyze and evaluate present or proposed tec logies, and make purchasing recommendations to JECC administration. Responsible for the installation, lay ut, and maintenance of 11 network components along with the operating system and associated subsystems as well laps, designs, analyzes, nd provides technical support for data communications network or group of networks. Conducts research and evalua on of network technology alon operating systems, hardware nd software tools, including ins these systems. Identifies al rnatives for optimizing computer Work is performed unde~the general supervision of the JECC Essential Duties ities with providing system level support multi-user elation, configuration, maintenance, and support of 1. Consults wit ~ users and evaluate requirements, recommend and coordinate tasks for installation of data networks. 2. Analyzes an resolves technical problems for established n~ Director/ Systems Administrator. provide cost analyses, plan projects, JECC Systems/Network Analyst lob Description l2/09 1 3. Plans, tests, recommends, and implements network, file server, mainframe, and workstation hardware and software. 4. Researches, plans, installs, configures, troubleshoots, maintains and upgrades operating systems. 5. Researches, plans, installs, configures, troubleshoots, maintains and upgrades hardware and software interfaces with the operating system. Analyzes and evaluates present or proposed business procedures or problems to define data processing needs. 6. Provides network documentation, training, and guidance to computing system clients and programmers. 7. Serves as technical specialist in network problems and emergencies. 8. Troubleshoots and resolves network production problems, hardware, software, and connectivity issues including user access. 9. Conducts technical research on network & s stem upgrades and component o determine feasibility, cost. time required, and compatibility with curr nt system. 10. Maintains and supports backups of syste data. 11. Recommends network solutions for short, medium, and long-range networ projects. 12. Installs, configures and maintains networ components. 13. Determines plan layout for new hardware r modifications to existing 1 out. 14. Installs, upgrades, and configures network printing, directory structur ,user access, security, software, and file services. 15. Establishes user profiles, user environmen ,directories, and secur' y for networks being installed. 16. Records and maintains hardware and so re inventories, site a d/or server licensing, and user access and security. 17. Works with vendors to resolve complex ne ork problems. 18. Maintains confidentiality with regard to the information b ~ g processed, stored or accessed by the network. 19. Documents network & system issues and re olutions f future reference. 20. On-call support including system, network, erver, h dware, and application issues. 21. Flexibility in work schedule 22. Other duties as assigned Additional Job Duties Assists personnel of other departments as a comput re by outside vendors. Provides on-the-job training t new new JECC staff. Oversees the installation of hardware and software Went staff members. Provides computer orientation to Performs any other specific task as assigned b~ the Administrator. / Qualifications/Skills Director or the Associate Director/Systems To perform this job successfully, an i dividual must be able perform each essential duty satisfactorily. The requirements listed below are repre ntative of the knowledg skill and/or ability required. Reasonable accommodations may be made to able individuals with disa ilities to perform the essential functions. Strong ability to read, analyzes, nd interprets complex docume ts; interpret a variety of technical information and deal with several abstract and ncrete variables. Education and/or Experience An Associates Degree wi major work in a related field plus 3-5 ye rs experience in a computer related field, including implementing ecurity controls, systems/network managem nt, and educating others in the use of computer technology or equivalent combinations of education and exp rience. Experience with two way radio systems technology, voice telecommunic lions and associated dispatch control technology in a public safety dispatch environment highly desirable, but ndt essential. JECC Systems/Network Analyst Job Description 12/09 Required Computer Skills/Technical Skills Thorough knowledge of local area networking systems including design, implementation and administration of file servers, database applications, storage, email, software, and associated desktop computers. Knowledge of network operating systems required tools and utilities for collecting data to make effici pg-Windows front end. Knowledge in the use of network of network technologies. Other Requirements Familiarity with standard operating procedures for Strong verbal and written communication skills. Ability to effectively function in stressful and criti Ability to report to work during inclement weather Subject to call back for duty during emergency sib Strong leadership and planning skills. Ability to recognize unique talents /resources and Excellent team skills. Ability to establish and maintain effective working Ability to exhibit solid interpersonal skills, includi and employees Ability to handle multiple tasks simultaneously an City and County public salfety agencies. situations. i.e., disasters, s~vere storms, below minimum staffing, etc. ilize them to maximize productivity. relationships a d public relations. ~ conflict res ution skills, to work with citizens, other agencies move quj,L<kly from one assignment to another. Prerequisites Must possess a valid driver's license to operate a Must be capable of passing a background check. Must be free of all illicit non-prescription drugs. vehicle in the State of Iowa. JECC Systems/Network Analyst Job Description 12/09 N~ ~ - 18 Prepared by: Sarah E. Holecek, 1 Sc Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 10-103 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO THE CONTRACT OF EMPLOYMENT BETWEEN THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY, THE CITY OF IOWA CITY AND MIKE SULLIVAN WHEREAS, the Joint Emergency Communication Center of Johnson County ("JECC") and the City of Iowa City entered into an initial contract and first amendment for at will employment with Mike Sullivan for the purposes of employing him as Executive Director of JECC effective February 23, 2009; WHEREAS, under the contract and first amendment, for administrative purposes, Sullivan is employed by the City until March 31, 2010; and WHEREAS, Sullivan and JECC have proposed that Sullivan continue to be a City employee until June 30, 2010 to allow additional time to get information technology systems in place and to allow for the hiring of additional personnel, after which Sullivan will be employed by JECC exclusively. All proposed terms are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City Clerk to attest the attached Second Amendment to Contract of Employment for JECC Director Mike Sullivan. Passed and approved this 23rd day of March , 2010. ,~a~~t,^- `~ MAYOR ATTEST: ~ ~ 9 TY CLERK Approved by City ~tt ney's Off e ~=P /~ Resolution No. 10-103 Page 2 It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x ~_ ~_ x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossary/resolution-ic.doc SECOND AMENDMENT TO CONTRACT OF EMPLOYMENT This Second Amendment to Contract of Employment is made and entered into effective the _ day of February, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"); and Mike Sullivan (hereinafter sometimes referred to as "Executive Director"). WHEREAS, the parties entered into a Contract of Employment on February 17, 2009 to be effective February 23, 2009; WHEREAS, the parties entered into an Amendment to Contract of Employment effective July _, 2009; and WHEREAS, the parties wish to enter into a Second Amendment to the aforesaid Contract of Employment as stated herein; THE PARTIES THEREFORE AGREE AS FOLLOWS: The Contract of Employment is amended by striking Paragraph i and substituting the following as Paragraph 1: 1. The City hereby employs Mike Sullivan as an at will employee in the position of the JECC Executive Director commencing February 23, 2009 and ending on June 30, 2010, subject to earlier termination under the terms and conditions set forth in this Contract. JECC hereby employs Mike Sullivan as an at will employee in the position of Executive Director beginning July 1, 2010, with no fixed termination date, and continuing until either Parry gives proper notice of termination of this employment agreement to the other, subject to all of the terms and conditions set forth in this Contract. In all other respects the Contract of Employment between the parties which was effective February 23, 2009 remains in full force and effect. ^ Date 2 - 2~- Zo/D Date March 23, 2010 Date March 23, 2010 Date Joint Emergency Communications Services Association of Johnson County City of Iowa City, Iowa Matthew J. H ek, ayor Marian K. Karr, City Clerk ~~ a' SECOND AMENDMENT TO CONTRACT OF EMPLOYMENT This Second Amendment to Contract of Employment is made and entered into effective the ,day of February, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"), and Mike Sullivan (hereinafter sometimes referred to as "Executive Director"). WHEREAS, the p ies entered into a Contract of Employment on February 17, 2009 to be effective February 23, 2~Q9; WHEREAS, the parties tered into an Amendment to Contract of E ployment effective July ~ 2009; and WHEREAS, the parties wish toe ter into a Second Amen t to the aforesaid Contract of Employment as stated herein; THE PARTIES THEREFORE AGREE S FOLLO The Contract of Employment is amended ~~ s~king Paragraph 1 and substituting the following as Paragraph 1: 1. The City hereby employs Mike the JECC Executive Director commencing Fi subject to earlier termination under the to hereby employs Mike Sullivan as an at beginning July 1, 2010, with no fixed to a proper notice of termination of this em oym terms and conditions set forth in this Co ct. In all other respects the G February 23, 2009 remains in full z ' 2 ~ Zo~~I Date 2- Date - Zo/~ S ivan an at will. employee in the position of 23, 009 and ending on June 30, 2010, and conditi set forth in this Contract. JECC employee in a position of Executive Director lion date, and tinuing until either Party gives ent agreement to a other, subject to all of the t of Employment between the p 'es which was effective and effect. ~/ ~ . ik Su ~~ an Jo t Emergency Communications Services Association of Johnson County City of Iowa City, Iowa Date By: Matthew J. Hayek, Mayor By: ate Marian K. Karr, City Clerk ' U3-23-1 U ' ~"~ 19 Prepared by: Sarah E. Holecek, 1 Sc Asst. City Atty, 410 E. Washington St, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 10-104 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONTRACT OF EMPLOYMENT WITH THE JOINT EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY, THE CITY OF IOWA CITY AND THOMAS JONES. WHEREAS, the Joint Emergency Communication Center of Johnson County ("JECC") and the City entered into a contract for at will employment with Thomas Jones for the purpose of employing him as the Associate Director of JECC effective July 27, 2009; and WHEREAS, pursuant to the contract Thomas Jones is employed, for administrative purposes, by the City of Iowa City until March 31, 2010; and WHEREAS, Jones and JECC have proposed that Jones continue to be a City employee until June 30, 2010 to allow additional time to get information technology systems in place and to allow for the hiring of additional personnel, after which Jones will be employed by JECC exclusively; and WHEREAS, the amendment also provides for an annual salary increase from $70,000 to $73,500 effective March 8, 2010 and all proposed terms are acceptable to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: The Mayor is authorized to sign and the City C-erk to attest the attached Amendment to Contract of Employment for Associate Director Thomas Jones. Passed and approved this 23rd day of March , 2010. MAYOR ATTEST: 2W TY CLERK Approved by ,.' ~~ . ity Att rney s Off e s~ ~'/CS AMENDMENT TO CONTRACT OF EMPLOYMENT This Amendment to Contract of Employment is made and entered into effective the _ day of February, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"), and Thomas Jones (hereinafter sometimes referred to as "Associate Director"). WHEREAS, the parties entered into a Contract of Employment effective July 27, 2009; and WHEREAS, the parties wish to amend the aforesaid Contract of Employment as stated herein; THE PARTIES THEREFORE AGREE AS FOLLOWS: The Contract of Employment is amended by: 1. Striking Paragraph 1 and substituting the following as Paragraph 1: -The City hereby employs Thomas Jones as an at will employee in the position of the JECC Associate Director commencing July 27, 2009 and ending on June 30, 2010, subject to earlier termination under the terms and conditions set forth in this Contract. JECC hereby employs Thomas Jones as an at will employee in the position of Associate Director beginning July 1, 2010, with no fixed termination date, and continuing until either Party gives proper notice of termination of this employment agreement to the other, subject to all of the terms and conditions set forth in this Contract. 2. Striking the first sentence of Paragraph 4 and substituting the following as the first sentence of Paragraph 4: In consideration of the proper performance by the Associate Director of the duties as herein provided, the City and JECC hereby agree to pay the Associate Director an annual salary of Seventy Three Thousand Five Hundred Dollars ($73,500) effective March 8, 2010. In all other respects the Contract of Employment between the parties which was effective July 27, 2009 remains in full force and effect. ~r 2125 ~~ / Date Thomas Jones Joint Emergency Communications Services Association of Johnson County i 2 2 S ~ v By: /~~~ Date City of Iowa City, Iowa March 23 2010 By: Date Matthew J. Hayek, Mayor March 23 , 2010 gY Date Mari K. Karr, City Cler i ~' AMENDMENT TO CONTRACT OF EMPLOYMENT This Amendment to Contract of Employment is made and entered into effective the _ day of February, 2010, by and between the Joint Emergency Communications Services Association of Johnson County (hereinafter "JECC"), the City of Iowa City (hereinafter "City"), and Thomas Jones (hereinafter sometimes referred to as "Associate Director"). ~-------~ WHEREAS, the parties WHEREAS, the parties THE PARTIES The Contract of into a Contract of to amend the aforesaid AGREE AS FOLLOWS is amended by: effective July 27, 2009; and of Employment as stated herein; 1. Striking Paragraph 1 Thomas Jones as an at will employee ~ and ending on June 30, 2010, subjec Contract. JECC hereby employs Tho beginning July 1, 2010, with no fixed termination of this employment agrees Contract. J substituting the Mowing as Paragraph L• The City hereby employs the position of JECC Associate Director commencing July 27, 2009 to earlier to ation under the terms and conditions set forth in this Jones as at will employee in the position of Associate Director ination te, and continuing until either Party gives proper notice of ;nt o the ther, subject to all of the terms and conditions set forth in this 2. Striking the first sentence o P ragraph 4 and substituting the following as the first sentence of Paragraph 4: In consideration of the pr per rformance by the Associate Director of the duties as herein provided, the City and JECC hereby a ee top the Associate Director an annual salary of Seventy Three Thousand Five Hundred Dollars ($73,5 0) effectiv March 8, 2010. In all other respects the Contact of remains in full force and effect. ~ 2~25~~0 Date Z as ~~ Date between the parties which was effective July 27, 2009 y• Thomas Jones Joint Emergency Services Association of Johnson County By: City of Iowa City, Iowa By: Date Matthew J. Ha~~ek, Mayor ay: to Marian K. Karr, City-Clerk NOTICE TO BIDDERS IOWA CITY FIRE STATION No. 4 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 16th day of March, 2010. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 23~d day of March, 2010, or at a special meeting called for that purpose. The Project will involve the following: A new freestanding LEED certified fire station facility on a site at the northeast corner of Scott Boulevard and North Dubuque Road, Iowa City, Iowa. The work includes site work, general building construction, mechanical, electrical, communication, along with security and specialty systems required by owner. A ground source heat pump system is a major portion of the new building's mechanical package. A pre-bid meeting will be held at 9:00 a.m. on the 23~d day of February, 2010 off-site in City Hall, 410 East Washington Street, Iowa City, Iowa in Emma J. Harvat Hall, the Council Chambers. All work is to be done in strict compliance with the plans and specifications prepared by Rohrbach Associates, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Substantial Completion: June 30, 2011 Final Completion: July 30, 2011 Liquidated Damages: $750 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Technigraphics of 125 South Dubuque Street, Iowa City, Iowa 52240, 319-354-5950, by bona fide bidders. A $100 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK NOTICE TO BIDDERS IOWA CITY FIRE STATION No. 4 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until :00 P.M. on the 11tH day of March, 2010. Sealed proposals will be opened immediately thereafter by a City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for p poses of this Project. Proposals received after this deadline will be returned to the bidder unopened. Pro sals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. n the 23`d day of March, 2010, or at a special meeting called for that purpose. The Project will involve the f Ilowing: A new freestanding LEE certified fire station facility on a site at the north st corner of Scott Boulevard and North Dubuque Roa Iowa City, Iowa. The work includes site work general building construction, mechanical, electrical, co unication, along with security and specialty systems required by owner. A ground source heat pumps tem is a major portion of the new building' mechanical package. A pre-bid meeting will be held 9:00 a.m. on the 23rd day of Februa , 2010 off-site in City Hall, 410 East Washington Street, Iowa City, to a in Emma J. Harvat Hall, the Cou cil Chambers. All work is to be done in strict mpliance with the plans and ecifications prepared by Rohrbach Associates, of Iowa City, Iowa, which ave heretofore been approved y the City Council, and are on file for public examination in the Office of the C Clerk. Each proposal shall be completed on a form furnished by the Ci and must be accompanied in a sealed envelope, separate from the one cont ~ning the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the Sta of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE ITY OF IOWA CI ,IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder f ~ s to enter into contract within ten (10) calendar days of the City Council's award of the contract and post bo d satisfactory o the City ensuring the faithful performance of the contract and maintenance of said Project, i equired, p rsuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest o or m re bidders may be retained for a period of not to exceed fifteen (15) calendar days following award o the c ntract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bi is ompleted and reported to the City Council. The successful bidder will be required to furnish a bo man amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a sponsible surety approved by the City, and shall guarantee the prompt payment of all materials and la o and also protect and save harmless the City from all claims and damages of any kind caused directly r in irectly by the operation of the contract, and shall also guarantee the maintenance of the improvemen for a p riod of one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Proje Substantial Completion: June 30, 2011 Final Completion: July 30, 2011 Liquidated Damages: $750 per day The plans, specifications and proposed co ract documents may a examined at the office of the City Clerk. Copies of said plans and specifications nd form of proposal b nks may be secured at the Office of Technigraphics of 125 South Dubuque Str et, Iowa City, Iowa 52240, 319-354-5950, by bona fide bidders. A $100 refundable fee is required for each set of plans and spe ~ ications provided to bidders or other interested persons. The fee shall be in a form of a check, made pays le to Technigraphics. Prospective bidders are advised th t the City of Iowa City desires o employ minority contractors and subcontractors on City projects. A lis ng of minority contractors can be o ained from the Iowa Department of Economic Development at (515) 2 2-4721 and the Iowa Department of ransportation Contracts Office at (515) 239-1422. Bidders shall list on the Form f Proposal the names of persons, firms, ompanies or other parties with whom the bidder intends to su ontract. This list shall include the type of wo and approximate subcontract amount(s). The Contractor awarded t e contract shall submit a list on the Form of greement of the proposed subcontractors, together wit quantities, unit prices and extended dollar amounts...., By virtue of statutory a hority, preference must be given to products and provisions grown and coal produced within the Stat of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reci ocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Pwe ng/NTB/n oticetobidders-fi restation4.doc ~~ `~' ~ 20 Prepared by: Kumi Morris, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-105 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY FIRE STATION N0.4 PROJECT. WHEREAS, Corporate Contractors, Inc. of Beloit, Wisconsin, has submitted the lowest responsible bid of $2,468,468 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Corporate Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the- contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Fire Chief is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 23rd day of March , 20 10 ~.'s~4~- `~~I MAYOR ATTEST: ~~ CIT LERK It was moved by Mims adopted, and upon roll call there were: Approved by ~~'' ~~ City Attorney's Office 3 ~ i~ ~~ and seconded by Bailey the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion ~ Dickens _ x Hayek x Mims g Wilburn x Wright pweng\res\awardcontractrire4.doc 3110