Letter and Resolution on Purchasing Land from the Urban Renewal Project_01.13.1977THE CITY OF FACETS �C .1 ooL
DU B U Q U E A GILBERT D. CHAVENELLE •J CITY MANAGED
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CITY HALL . DUBUQUE, IOWA 52001
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January 13, 1977
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
The attached resolution authorizes the City to purchase from the urban
renewal project certain land utilized in widening portions of Fourth and
Ninth Streets as shown in red on the attached sketch.
Land dedicated for right-of-way purposes in urban renewal projects is
handled in one of two ways.
1. Interior streets -- dedicated without charge. The widening of
Fifth and Iowa Streets was handled in this manner.
2. Boundary streets -- dedicated at one half of its value based
upon the theory that such streets also benefit the frontages out-
side of the project area. The value of such dedications is
computed upon the unit price of adjacent land.
Both Fourth and Ninth are boundary streets, and the value of the Fourth
Street areas are based upon the unit price paid by Robert Hampton. The
Ninth Streets areas are based upon the prices paid by Graham for the
property at Ninth and Main and by Investment Planning for the area at
Ninth and Iowa.
Respectfully submitted,
Gent M. Wittenbergl
Assistant City Manager
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Enclosure
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RESOLUTION NO.
AUTHORIZING THE CITY OF DUBUQUE TO RETAIN
AND REDEVELOP CERTAIN LANDS WITHIN THE
DOWNTOWN URBAN RENEWAL PROJECT, PROJECT NO. IOWA R-15
WHEREAS, in accordance with and in furtherance of the objectives of Chap-
ter 403 of the Code of Iowa, as amended to date, the City of Dubuque (hereinafter
called the "Agency") has undertaken an Urban Renewal Project known as the
Downtown Urban Renewal Project, Project No. Iowa R-15, (hereinafter called the
"Project") in an area (hereinafter called "Project Area") located in the City of
Dubuque; and
WHEREAS, as of the date of the adoption of this Resolution, there has been
prepared by the Agency, an Urban Renewal Plan for the Project, approved and adopted
by the City Council of the Agency on May 18, 1967, after a Public Hearing on said
Urban Renewal Plan (which Urban Renewal Plan as it may be hereafter amended from
time to time pursuant to law, and as so constituted from time to time, is, unless
otherwise indicated by the context, hereinafter called "Urban Renewal Plan") ,
and a copy of the Urban Renewal Plan, as constituted on the date of this Resolution,
is on file in the Office of the City Clerk and has been recorded in the Office of the
Recorder of Dubuque County, Iowa, in Book 295 of Mortgages, Pages 235 to 259; and
WHEREAS, in order to achieve the objectives of the Urban Renewal Plan and
particularly to make land in the Project Area available for use for street widening
purposes, both the Federal Government and the Agency have undertaken to provide
and have provided substantial aid and assistance to the -Agency through a contract
for Loan and Grant dated July 26, 1967, as amended; and
WHEREAS, the Property as hereinafter described has been duly platted by
the Agency and dedicated for public right-of-way purposes by the City Council of
the Agency by Resolution No. 277-70 adopted September 8, 1970, Resolution
No. 390-70 adopted December 14, 1970 and Resolution No. 261-73 adopted July 30,
1973, and construction of the appropriate Improvements as hereinafter set forth has
been undertaken; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA'.
SECTION 1. That subject to all the terms, covenants, and conditions of
this Resolution and the said Loan and Grant Contract, the Agency will retain the
Property (hereinafter called the "Property") as hereinafter described in the Project
Area for development as public rights -of -way in connection with the Ninth Street and
Fourth Street widening projects, and for which it shall pay to the Project 50% of the
value of the land (the other 50% of the value of the land for boundary right-of-way use
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being and is eligible for dedication without payment) computed as follows:
Lot 2 of Subdivision of City Lot 169
in the City of Dubuque (Parcel 7-5)
1,815.96 square feet at$3.60 $5,556.84 $2,778.42
East 88 feet of Subdivision of North
34 feet of City Lot 32 in the City of
Dubuque (Parcel 7-9)
1,408.00 square feet at$4.43 $6,237.44 $3,118.72
Lot 2 of Subdivision of City Lot 188
in the City of Dubuque (Parcel 4-1)
1,860.46 square feet at $2.50 $4,651.15 $2,325.58
Lot 2 of Subdivision of City Lot 13
in the City of Dubuque (Parcel 4-3)
1,892.24 square feet at $2.50 $4,730.60 $2,365.30
SECTION 2. That the City Auditor be and he is hereby authorized and directed
to draw his warrant or warrants against the Road Use Tax Fund account in the amount
of $10,588.02 which represents full and complete compensation of the Fair Value of
said real estate for boundary right-of-way purposes, and to deposit said warrant or
warrants in the appropriate Downtown Urban Renewal Project, Iowa R-15, account.
SECTION 3. That the Agency will redevelop the Property by installing and
constructing thereon streets, curbs, gutters, sidewalks, drainage and other related
items (hereinafter collectively called the "Improvements") for use as a public right-
of-way, and all plans and specifications and all work by the Agency with respect to
such redevelopment of the Property and the construction and making of other improve-
ments thereon, if any, shall be in conformity with the Urban Renewal Plan, and all
applicable state and local laws.
SECTION 4. That the Agency agrees for itself, its successors and assigns, and
every successor in interest to the Property, orany part thereof, that the redevelopment
of the Property will diligently proceed to completion so as to meet the objectives of
the Urban Renewal Plan, and in any event the Improvements will be completed by the
completion date of Project Execution. The Agency further agrees and covenants that
the Property herein will not be used until the purchase price has been deposited to the
credit of the Project Temporary Loan Repayment Fund and that the Agency shall provide
by Resolution for the acceptance of the Improvements herein.
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SECTION 5. That the Agency agrees for itself, its successors and assigns;
and every successor in interest to the Property, or any part thereof, that the Agency
and such successors and assigns, shall
(a) Devote the Property to and only to and in accordance
with, the uses specified in the Urban Renewal Plan,
as the same may be hereafter amended from time to time;
and
(b) Not discriminate upon the basis of race, color, religion,
sex, or national origin in the sale, lease or rental or in
the use or occupancy of the Property or any Improvements
erected or to be erected thereon, or any part thereof.
SECTION 6. That it is intended and resolved that the conditions and covenants
provided in Section 5 shall be covenants running with the land and that they shall, in
any event, and without regard to technical classification or designation, legal or
otherwise, and except only as otherwise specifically provided in this Resolution, be,
to the fullest possible extent permitted by law and equity, binding for the benefit and
in favor of, and enforceable by, the Agency, its successors and assigns, and the
United States (in the case of the covenant provided in subsection (b) of Section 5),
against the Agency, its successors and assigns, and every successor in interest to
the Property or any part thereof or any interest therein, and any party in possession
or occupancy of the Property or any part thereof. It is further intended and agreed that
the condition and covenant provided (a) in subsection (a) of Section 5 shall remain in
effect for twenty (20) years (at which time such condition and covenant shall terminate) ,
and (b) in subsection (b) of Section 5 shall remain in effect without limitation as to
time.
SECTION 7. That in amplification, and not in restriction, of the provisions of
the preceding Section, it is intended and agreed that the Agency shall be deemed a
beneficiary of the conditions and covenants provided in Section 5 herein, and the United
States shall be deemed a beneficiary of the covenant in subsection (b) of Section 5,
both for and in their or its own right and also for the purposes of protecting the interest
of the community and the other parties, public or private, in whose favor or for whose
benefit such conditions and covenants have been provided. Such conditions and
covenants shall run in favor of the Agency and the United States for the entire period
during which such conditions and covenants shall be in force, without regard to whether
the Agency or the United States is or has been an owner of any land or interest therein
to, or in favor of, which such conditions and covenants relate. The Agency shall have
the right, in the event of any breach of any such condition or covenant, and the United
States shall have the right in the event of any breach of the covenant provided in
subsection (b) of Section 5 to exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing
of such breach of condition or covenant, to which it or any other beneficiaries of such
condition or covenant may be entitled.
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SECTION 8. That no member, official or employee of the Agency shall have
any personal interest, direct or indirect, in any construction contract awarded
pursuant to this Resolution, nor shall any such member, official, or employee par-
ticipate in any contract relating to this Resolution which affects his personal interests
or the interests of any corporation, partnership, or association in which he is,
directly or indirectly interested.
SECTION 9. That the Agency, for itself, and its successors and assigns,
agrees that it will include the following provisions of this Section 9 in every contract
or purchase order which may hereafter be entered into between the Agency and any
party (herein in this Section called "Contractor") for or in connection with the con-
struction of the Improvements, or any part thereof, provided for in this Resolution
unless such contract or purchase order is exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965 as amended by Executive Order 11375 dated October 13, 1967.
Equal Employment opportunity. During the performance of this contract, the Con-
tractor agrees with the Agency as follows:
(a) The Contractor will not discriminate against any employee or applicant for em-
ployment because of race, religion, sex, color, or national origin, and after
October 13, 1968, because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
religion, sex, color, or national origin, and after October 13 , 1968, without re-
gard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
Agency setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, sex, color or
national origin, and after October 13, 1968, without regard to race, color, religion,
sex or national origin.
(c) The Contractor will send to each labor union or representative of workers with
which the Contractor has a collective bargaining agreement or other contract or
understanding, a notice, to be provided, advising the labor union or worker's
representative of the Contractor's commitments under Section 202 of Executive
Order 11246 of September 24, 1965, as amended by Executive Order 11375 dated
October 13, 1967, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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(d) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 dated October 13,
1967, and of the rules, regulations and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, as amended by Executive Order 11375
dated October 13, 1967, and by the rules, regulations and orders of the Secretary
of Labor or of the Secretary of Housing and Urban Development pursuant thereto,
and will permit access to the Contractor's books, records, and accounts by the
Agency, the Secretary of Housing and Urban Development, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
(f) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended in whole or in part and
the Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures author-
ized in Executive Order 11246 of September 24, 1965, as amended by Executive
Order 11375 dated October 13, 1967, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, as amended by Executive Order 11375 dated October 13, 1967 or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(g) The contract will include the provisions of paragraphs (a) through (g) of this
Section in every subcontract or purchase order unless exempted by rules, regu-
lations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, as amended by Executive Order
11375 dated October 13, 1967 so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect
to any construction contract, subcontract, or purchase order as the Agency or
the Department of Housing and Urban Development may direct as a means of en-
forcing such provisions, including sanctions for noncompliance: Provided however,
that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
Agency or the Department of Housing and Urban Development, the Contractor
may request the United States to enter into such litigation to protect the in-
terests of the United States.
SECTION 10. This Resolution is adopted for the purpose of inducing the
Secretary of Housing and Urban Development to issue his approval of the retention
of the said Property for the intended purpose upon payment of the Retention Price,
and for the purpose of creating the covenants running with the land as set forth in
Section 6, and the Clerk of the Agency be and he is hereby authorized and directed
to file a copy of this Resolution in the Office of the County Recorder in and for Dubuque,
County, Iowa.
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Passed, approved and adopted this
1976.
Ma yor
Councilmen
ATTEST:
City Clerk
day of