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HomeMy Public PortalAboutResolutions__1/1/2022 O RESOLUTION 22-01 RESOLUTION NAMING DEPOSITORIES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MARCUS IOWA WHEREAS,THE City of Marcus, Iowa is a duly organized municipality within Cherokee County;AND, WHEREAS,the Marcus City Council must designate official depositories annually; AND, WHEREAS,the City Clerk is authorized to deposit funds of the City of Marcus,in amounts not to exceed the maximum approved for each respective financial institution, as set out below; AND: Name of Depository Location Maximum Dep. Maximum Dep. in effect under prior under this Resolution Resolution Farmers State Bank 106 East Cedar $24,000,000 $27,000,000 United Bank of Iowa 100 West Pine $24,000,000 $27,000,000 State Savings Bank 719 S Hwy 143 $24,000,000 $27,000,000 UMB Bank Kansas City,MO Paying Agent for Debt/Bonds NOW THEREFORE BE IT RESOLVED that the City Council of Marcus, Iowa do hereby appoint the above-mentioned institutions as official depositories this 10th day of January 2022. PASSED AND APROVED this 11th day of January 10th, 2020. Q, Yiadit` a/A5 Mayor Bunt ATTEST: 4 1NY�� • Robin A. Harvey—City Cler reasurer O 0 0 0 0 RESOLUTION #22-02 RESOLUTION TO SET REIMBURSEMENT RATE FOR PAYMENT OF MILEAGE WHEN A CITY EMPLOYEE USES PERSONAL VEHICLE FOR CITY BUSINESS Calendar Year 2022 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MARCUS, IOWA, the Council by action taken January 10th, 2022. The City Council of Marcus, Iowa does hereby set the rate of 58.5 cents per mile to reimburse employees of use of personal vehicle for city business. This rate is set forth by the Internal Revenue Service and is the standard mileage rate for business based on an annual study of the fixed and variable costs of operating an automobile. PASSED and APPROVED this 10th day of January 2022. 0 �ai � �A� ayor-Bunt ATTEST: Robin A. Harvey-City Cler 0 0 0 0 O RESOLUTION NO.22-03 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8, 2021; and WHEREAS, in accordance with Iowa Administrative Rules Code(ARC)545.25,all transfers of moneys made from one budgeted fund to another budgeted fund occurring, must be approved by Resolution to provide for more transparency: and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of January 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,892.81 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 10th,day of January 2022. O 1/47freefi — Mayor Bunt ATTEST: I 5 m R.+ v r � DC i Robin �7ZGk Robin A. Harvey,City Clerk/T/Treasu 0 0 0 0 0 RESOLUTION NO.22-0t SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE MAXIMUM TAX DOLLARS FROM CERTAIN LEVIES FOR THE CITY'S PROPOSED FISCAL YEAR 2020-2021 BUDGET WHEREAS,the City Council of the City of Marcus,Iowa, is preparing the annual budget for Fiscal Year 2023; and WHEREAS,the City Council of Marcus will consider the proposed FY23 city maximum property tax dollars for the affected levy total: and WHEREAS,interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the City Council meeting on February 14th, 2022, at 5:00p.m. at the City Hall Council Chambers,222 N Main St,Marcus, Iowa. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus, Iowa, that this confirms that the council order the publication of a notice of public hearing pertaining to the maximum property tax dollars for the affected levy total of the Fiscal Year 2023 not less than ten(10) days nor more than twenty(20) days prior to the date set for the hearing. PASSED AND APPROVED this 10`h day of January 2022. Mayor-Bunt Attest: Robin A. Harvey, City Clerk 0 0 0 0 0 RESOLUTION NO.2022- 05 A RESOLUTION ESTABLISHING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, The City of Marcus has appointed Alyssa A. Herbold, P.L.C. as City Attorney;with Alyssa Herbold representing the City; WHEREAS, Section 372.13 Code of Iowa requires the City Council establish.the compensation of the City Attorney; NOW THEREFORE BE IT RESOLVED by the City of Marcus, Iowa that the Compensation of Alyssa A. Herbold, PLC for Alyssa A. Herbold as City Attorney shall be at the rate of$150.00 per hour for services performed through • June 30, 2023, along with reimbursement of usual and normal expenses and those • incurred in litigation. Passed, adopted and approved this /D day of Ttleci f , 2022. Patrick Bunt,Mayor Ain ST: l'h-CJ / J O'kf el� Robin Harvey, City Clerk 0 0 ., , 0 0 0 RESOLUTION NO. 22-0(0 RESOLUTION APPROVING THE MAXIMUM TAX DOLLARS FROM CERTAIN LEVIES FOR THE CITY'S PROPOSED FISCAL YEAR 2023 BUDGET WHEREAS, the City Marcus, Iowa is preparing the annual budget for the Fiscal Year 2023; and WHEREAS, the City Council of the City of Marcus has considered the proposed FY23 city maximum property tax dollars for the affected levy total; and WHEREAS,a notice concerning the proposed city maximum property tax dollars was published as required and posted on the city web site and social media accounts as required; and WHEREAS, a public hearing concerning the city maximum property tax dollars for the affected levy total was held at the city council meeting on February 14th 2022, at 5:00 PM at the Marcus City Hall, 222 N. Main Street, Marcus, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Marcus, Iowa, that the maximum property tax dollars for the affected tax levies for FY23 O shall not exceed$444,150 which does not represent an increase of greater than 102%from I the maximum property tax dollars requested for FY22. BE IT FURTHER RESOLVED,by the City Council of the City of Marcus,Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 14th day of February 2022. Cetclie(Y14t— Pat Bunt,Mayor ATTEST: /q� Robin A Y Harvey, �V\/Y/ � City Clerk/"I'reasu 0 0 0 RESOLUTION NO. 22-0/ SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED FISCAL YEAR 2023 BUDGET WHEREAS,the City Council of the City of Marcus, Iowa,has prepared the annual budget for Fiscal Year 2023; and WHEREAS, Iowa Code 384.16.3 requires a public hearing on the proposed budget where any resident or taxpayer of the city may present to the council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget before its adoption and certification to the county auditor; and WHEREAS, interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the City Council meeting on March 14,2022, at 5:05 p.m. at the City Hall Council Chambers, 222 N Main St, Marcus, Iowa. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus, Iowa,that this confirms that the council order the publication of a notice of public hearing pertaining to the adoption of the Fiscal Year 2023 budget not less than ten O (10) days nor more than twenty(20) days prior to the date set for the hearing. PASSED AND APPROVED this 14`"day of February 2022. Pat Bunt,Mayor Attest: a Q . Robin A. Harvey, City Clerk 0 0 0 0 0 RESOLUTION NO.22-08 SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S 2022 BUDGET AMENDMENTS WHEREAS,the City Council of the City of Marcus, Iowa,has prepared amendment to the Annual Budget for Fiscal Year 2022; and WHEREAS, Iowa Code 384.16.3 requires a public hearing on the proposed budget where any resident or taxpayer of the city may present to the council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget before its adoption and certification to the county auditor; and WHEREAS, interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the City Council meeting on March 14, 2022, at 5:10 p.m. at the City Hall Council Chambers, 222 N Main St,Marcus, Iowa. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus, Iowa, that this confirms that the council order the publication of a notice of public hearing pertaining to the adoption of the Fiscal Year 2022 amended budget not less than ten(10) days nor more than twenty(20) days prior to the date set for the hearing. O PASSED AND APPROVED this 14`11 day of February 2022. Pat Bunt, Mayor Attest: Robin A. Harvey, City Clerk 0 0 0 0 O RESOLUTION NO.22-01 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8,2021;and WHEREAS, in accordance with Iowa Administrative Rules Code (ARC)545.25,all transfers of moneys made from one budgeted fund to another budgeted fund occurring, must be approved by Resolution to provide for more transparency: and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of February 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,892.81 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 14th,day of February 2022. Mayor Bunt `ATTEST: Robin A. Harvey,City Clerk/Treasurer O 0 0 0 0 RESOLUTION NO. 22-I0 RESOLUTION APPROVING AMENDED RESTRICTIONS AND COVENANTS MARCUS BUSINESS PARK MARCUS,IOWA WHEREAS, the City of Marcus owns real estate in the platted subdivision known as the Marcus Business Park; WHEREAS, all owners of real estate within the following described real estate have an interest the amendments thereof: Marcus Business Park being a Subdivision of Parcel A of the Southwest Quarter of the Southwest Quarter (SW% SW%) of Section 3, Township 92 North,Range 42 West of the 5th P.M.,in the City of Marcus,Cherokee County, Iowa, as shown in the Survey Plat recorded in Small Plat Book 11, Page 110 and as Doc.#06 1972. WHEREAS, City approval is a contingency to the amendment of said restrictive covenants; WHEREAS, the City Council has determined that it is in the best interest of the public to permit certain development that is not permitted at this time,to extend the duration of the Orestrictive covenants to protect future development, and to otherwise approve said amendments as therein provided. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus, Iowa, that the City Council does hereby authorize the approval of the attached Amended Restrictions and Covenants Marcus Business Park Marcus, Iowa. PASSED AND APPROVED this I+ day of F2brua - , 2022. a eC a, Patrick Bunt—Mayor ATTEST: City Clerk-Treasurer 0 ATTACHMENT: Amended Restrictions and Covenants Marcus Business Park Marcus, Iowa 0 0 0 RESOLUTION NO. 22 11 RESOLUTION SETTING TIME AND PLACE OF PUBLIC HEARING ON PROPOSED SALE OF REAL ESTATE IN THE MARUCS BUSINESS PARK IN THE CITY OF MARCUS,IOWA WHEREAS, the City Council was approached with an opportunity to sell public real property along Eagle Avenue; and WHEREAS,the City Council for the City of Marcus,Iowa,will hold a public hearing prior to action and to determine the fair market value of the real estate; and WHEREAS, Jordan's Meat Market, LLC has offered and proposes to purchase the following described real estate at a rate of 45 cents per square foot with a total cost of$37,426.50, but should building be built thereon within one year, the purchase price will be reduced to $33,268.00, with a rebate issued for$4,158.50: Lot 10, in the Marcus Business Park being a Subdivision of Parcel A of the Southwest Quarter of the Southwest Quarter (SW% SW'/) of Section 3, Township 92 North, Range 42 West of the 5°h P.M., in the City of Marcus, Cherokee County, Iowa, as shown in the Survey Plat recorded in Small Plat Book 11,Page 110 and as Doc.#06 1972. 0 WHEREAS, the Council now sets the time and place for a public hearing upon said proposed sale of real estate. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus,Iowa that a public hearing be held on the 28'h day of February,2022,at 5:05 p.m.in the City Hall Council Chambers, and that the attached public notice of the time and place of said public hearing shall be given by publication in the Marcus News at least four(4) days but not more than twenty(20) days prior to the established date of the public hearing. PASSED AND APPROVED this 14U'day of February 2022. aki Patrick Bunt,Mayor ATTEST: • Robin A. Harvey, City Clerk-Trea er 0 0 0 0 0 NOTICE OF PUBLIC HEARING HEARING ON PURCHASE OF PRIVATE REAL ESTATE IN THE MARCUS BUSINESS PARK IN THE CITY OF MARCUS, IOWA TO: All owners of real estate situated in the City of Marcus, Iowa and all persons owning or claiming an interest therein and to whom it may concern: Notice is hereby given that the City Council of the City of Marcus, Iowa will conduct a Public Hearing in the Council Chambers of City Hall,222 N.Main Street,Marcus, Iowa at 5:05 p.m. on Monday, February 28,2022, at which time and place said City Council will consider the sale of certain real estate in the City of Marcus, Iowa. The following sale of real estate to is being recommended for approval by the City Council for the City of Marcus, Iowa between it and Jordan's Meat Market, LLC. The City Council has determined the fair market value of the following described real estate to be 45 cents per square foot with a total cost of$37,426.50,but should building be built thereon within one year, the purchase price will be reduced to $33,268.00,with a rebate issued for$4,158.50: Lot 10, in the Marcus Business Park being a Subdivision of Parcel A of the Southwest Quarter of the Southwest Quarter (SW'% SW%) of Section 3, OTownship 92 North, Range 42 West of the 5m P.M., in the City of Marcus, Cherokee County, Iowa, as shown in the Survey Plat recorded in Small Plat Book 11,Page 110 and as Doc.#06 1972. The City Council desires to sell the premises as it is not necessary for public use and is designated as a surplus.Persons wishing to make written comments may do so by submitting them to the City Clerk at City Hall no later than 4:00 p.m. on February 28, 2022. Persons wishing to make oral comments may do so at the public hearing at the time and place referenced above. The hearing will be held in conformance with applicable ordinances. Robin A. Harvey, City Clerk 0 0 0 0 0 RESOLUTION NO. 22- I a. RESOLUTION APPROVING LEASE FOR THE MARCUS COMMUNITY CENTER WHEREAS, an agreement has been reached by the City of Marcus, Iowa with Marcus Community Center, Inc. regarding public land known as the Marcus Community Center; and WHEREAS,the consideration includes maintenance,insurance and liability protection,for a period of one year,beginning March 1, 2022 to February 28, 2023; with a provision for annual renewal; NOW BE IT RESOLVED by the City Council of the City of Marcus, Iowa, that the City Council does hereby authorize the execution of the Lease — Business Property — Short Form concerning the following described real property: Lots Fifteen and Sixteen (15& 16)in Block Four(4)in the City of Marcus, Cherokee County,Iowa.0 PASSED AND APPROVED this 14111 day of V&)rMQdrij , 2022. v` iel Pat Bunt—Mayor ATTEST: LEa91cim O City Clerk-Treasurer ATTACHMENT: Original Lease C 0 0 0 f RESOLUTION NO. 22-12 RESOLUTION APPROVING SALE AND PURCHASE AGREEMENT CONCERNING REAL ESTATE IN MARCUS BUSINESS PARK TO JORDAN'S MEAT MARKET,LLC. WHEREAS, on this date a Public Hearing was held concerning the advisability of selling a lot in the Marcus Business Park by Quit Claim Deed to MidAmerican Energy Company as outlined in a purchase agreement presented to the City Council; WHEREAS, the City has determined that a fair market value for the purchase of the premises is $37,426.50, and is offering a rebate of$4,158.50 should a permanent building be completed on the premises within one year, and has directed an Abstract of Title be prepared for the Buyer; WHEREAS, a resolution by the City Council is required in order for the City of Marcus,Iowa to sign the purchase agreement, close, and issue a Quit Claim Deed on the premises. NOW,THEREFORE, BE IT RESOLVED,the City Council of the City of Marcus Iowa,hereby hereby approves the execution of the Purchase Agreement attached hereto and agrees to sell the following described real estate to Jordan's Meat Market,LLC as set forth said contract: Lot 10 in the Marcus Business Park being a Subdivision of Parcel A of the 0 Southwest Quarter of the Southwest Quarter (SW% SW%) of Section 3, Township 92 North, Range 42 West of the 5th P.M., in the City of Marcus, Cherokee County, Iowa, as shown in the Survey Plat recorded in Small Plat Book 11,Page 110 and as Doc.#06 1972. BE IT FURTHER RESOLVED, Quit Claim Deed is authorized to be issued by the Mayor and Clerk to complete the sale upon Closing; BE IT FURTHER RESOLVED,the City Attorney is directed to prepare for and coordinate the closing of this matter. /��y� PASSED AND APPROVED this o(ZS day of f lebltkaf ,202) 1/4—tett-Cid e°( 1,5?/' Patrick Bunt—Mayor fATTEST: 1��,010't' v ` O. Robin A. Harvey, City Clerk-Treas r 0 ATTACHMENT: PURCHASE AGREEMENT—JORDAN'S MEAT MARKET, LLC. 0 0 0 O RESOLUTION #22-13 A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Be It Resolved by the Council of the City of Marcus, Iowa: The annual budget for the fiscal year ending June 30, 2023, as set forth in the Budget Summary certificate and is the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted and the clerk is directed to make the fillings required by law and to set up the books in accordance with the summary and details as adopted. Passed and approved on March 14, 2022 the following vote was recorded: 0 Ayes: Nayes: None Conrad Ebert Robin Jenness Beth Enneking Steve Schmillen Charissa Frangione Isl Mayor/Patrick Bunt /s/ LP-06/ ' a. SG_ _ U City Clerk/Robin A. Harvey 0 0 0 0 0 RESOLUTION NO. 22-14 RESOLUTION APPROVING THE CITY'S PROPOSED AMENDMENT TO THE FISCAL YEAR 2022 BUDGET • WHEREAS, the City Council of Marcus, Iowa has prepared amendment to the Annual Budget for Fiscal Year 2022; and WHEREAS, the City did hold a public hearing regarding this proposed budget amendment on March 14, 2022 at 5:10 PM at the Marcus City Hall, at 222 N Main St, Marcus, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Marcus, Iowa, approval of budget amendment for Fiscal Year 2022. BE IT FURTHER RESOLVED, by the Marcus City Council of the City of Marcus,Iowa,that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 10th day of March 2022. 1/44/ A, teL(//42) . Patrick Bunt,Mayor ATTEST: Lg 0. iC— Robin A.Harvey, City Clerk/Treasurer 0 0 0 0 O RESOLUTION NO.22-15 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8,2021;and WHEREAS, in accordance with Iowa Administrative Rules Code (ARC) 545.25, all transfers of moneys made from one budgeted fund to another budgeted fund occurring, must be approved by Resolution to provide for more transparency: and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of March 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,307.02 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 14th,day of March 2022. O (/ G%U Mayor Bunt ATTEST: Robin A. Harvey,City Clerk/Treasure O C 0 0 O RESOLUTION#22-16 A RESOLUTION SETTING SALARIES FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF MARCUS, IOWA FEBRUARY 2022-JUNE 2022 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MARCUS, IOWA: Section 1. The following persons and positions named shall be paid the salaries or wages indicated and the clerk is authorized to issue warrants/checks, less legally required or authorized deductions from the amounts set out below, every 28 days,payable every 14 days with Sunday night being the end of the work period. NAME HOURLY HOURS FOR REGULAR PAY DOUGLAS DRECKMAN PW Sup 22.25 80 MATTHEW DRECKMAN PW Street 21.04 80 TANNER CRONIN PW 19.50 retro to Feb 24,2022 80 ROBIN HARVEY City Clerk 21.00 80 ELIZABETH KINGDON Library Dir 15.91 60 SCOTT CARLSON Library Cust. 12.87 MARJO DAUM Library PT 12.08 O KATHLEEN TRUDELL Library PT 9.00 LIBRARY SUBS 8.50 COMM. PROT. SKILLED CHIEF 25.46 COMM. PROT. SKILLED PT 20.00 DEPUTY CLERK 10.00 PARTTIME SUMMER HELP 10.00 FIRST YEAR LIFEGUARD 8.00 Overtime hours shall be paid for at one and a half times the hourly rate or equivalent rate for the job performed. Employees may request or be asked to take off compensatory hours for each overtime hour worked up to 40 hours. Section 2. The City Clerk is hereby directed to publish this resolution by number and title only. Passed and approved this 14thth March 2022. 9fr Mayor-Pat Bunt • ATTEST: f thi) Q. f 0 Robin A. Harvey-City Clerk/Tre surer 0 0 0 0 RESOLUTION#22-17 RESOLUTION SUPPORTING THE IOWA DEPARTMENT OF TRANSPORTATION ROUNDABOUT AT INTERSTECTION HWY 3 &HWY 143 WHEREAS,the Iowa Department of Transportation would like to propose a roundabout at the intersection of HWY 3 &HWY 143 in the next five year budget plan, WHEREAS, the City of Marcus supports this project for the safety of all motorists using this intersection. The roundabout will result in a decrease in property damage,personal injury, and fatalities, WHEREAS,the City of Marcus has received expressed support from the Community of Marcus to proceed with a roundabout, NOW THEREFORE BE IT RESOLVED that the City of Marcus, Iowa does hereby support and endorse the proposed roundabout at the intersection of HWY 3 &HWY 143. PASSED and APPROVED this 1 day of April, 2022. Mayor-Bunt ATTEST: Robin A. Harvey—City Clerk O 0 0 0 O RESOLUTION NO. 2022-18 RESOLUTION APPROVING THE DESIGNATION OF SLFRF FUNDS FOR THE CITY OF MARCUS WHEREAS,the City Council of Marcus,Iowa is a NEU unit for the SLFRF Funds Program(American Rescue Money); and WHEREAS, according to the final rules, the City of Marcus is a Tier 5 annual reporting NEU unit for the SLFRF Funds Program, with the first reporting deadline of April 30, 2022; and WHEREAS,the City of Marcus received$78,798.59 on August 7th,2021, and an additional $263.12 on November 23, 2021. The City of Marcus anticipates receiving $78,798.59 in August of 2022,which would make the total $157,597.18; and WHEREAS, the City of Marcus staff have viewed a training webinar about the reporting options for NEU units; and WHEREAS,the US Federal Government is recommending NEU units that will be receiving a total less than $10 million dollars use the Standard Revenue Loss Allowance for reporting. The City of Marcus is not required to calculate revenue losses to use this Oallowance. The Tier 5 annual reporting using this Standard Revenue Loss Allowance is Option 1; and WHEREAS, the funds categorized as Standard Revenue Loss Allowance can be spent on any lawful government services activity and especially on any of the Four Key Eligible Use Categories as designated in the ARPA legislation, of which,the fourth one is Water, Sewer and Broadband Infrastructure; and WHEREAS, the Marcus City Council has until December 31, 2024 to obligate these funds to project(s) and until December 31, 2026 to spend these funds on the project(s); and WHEREAS, as of this date the Marcus City Council plans to use these funds to replace a sewer pump,new well pipe and sewer lining,but this resolution does not stop the Marcus City Council from modifying this planned purpose prior to the December 31,2024 deadline. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Marcus, Iowa, that city staff are directed to submit any required annual reporting by the deadlines,using the Standard Revenue Loss Allowance for NEU Units, Tier 5, Option 1. BE IT FURTHER RESOLVED, by the Marcus City Council of the City of O Marcus,Iowa,that the Mayor and City Clerk are hereby authorized and directed to execute this resolution of approval. 0 0 0 0 Passed and approved this 11th day of April 2022. /l.�G�// `Ode ee frI Mayor-Bunt ATTEST: eon, 01-tAle2t Robin A. Harvey, City Clerk/Treasurer O 0 0 0 0 O Resolution #22-19 A Resolution Setting Wages & Fees for the Marcus Municipal Pool For the Summer of 2022 WHEREAS,the following wages are set as follows: Manager: Salaried position with min. 40 hours per week $7,000 Head Lifeguard: $10.25/non-WSI $10.75/WSI Lifeguards: First year lifeguard $9/hr Second year lifeguard $9.25/hr Third year lifeguard $9.50/hr 0 WSI Certified: $.50/hr added to current wage WHEREAS, Lifeguards are eligible for fifty (50) percent reimbursement for the following certifications after employment of the full pool session with proof of certification payment: Lifeguard Certification WSI Certification Re-certification WHEREAS,the following pool membership fees: WHEREAS, pool hours will be: Family Membership $110.00 Individual Pass $60.00 Open swim 1:00-5:30,6:30-8:00 Daily Admissions $4.00 Lap Swim Mon-Fri 7:00 am—8:00 am Swim Lessons $40.00 12:00 pm—1:00 pm&5:30—6:30 pm Passed and approved this 11th day of April, 2022. ATTEST: alle/A4 -jet : i J 0• ' ` Mayor-Bunt 0 Robin A. Harvey-City Clerk/Treasurer 0 0 0 RESOLUTION NO.22-20 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8, 2021;and WHEREAS, in accordance with Iowa Administrative Rules Code (ARC)545.25,all transfers of moneys made from one budgeted fund to another budgeted fund occurring,must be approved by Resolution to provide for more transparency: and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of April 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,307.02 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 11`",day of April 2022. Mayor Bunt ATTEST: .54dAilleAr Robin A. Harvey,City Clerk/Treasurer 0 C) 0 0 4 ' .t 0 RESOLUTION NO. 22-21 RESOLUTION SETTING NOTICE OF TIME AND PLACE OF PUBLIC HEARING ON PROPOSED PURCHASE OF THE MARCUS GOLF COURSE WHEREAS, the City Council and the Marcus Community Golf Club, Inc. have determined a course of action to ensure the long-standing availability of a golf course to the Marcus community; and WHEREAS, in determining the best course of action it desires to purchase certain real estate where the golf course is located and will invest in major capital improvements to the premises; and WHEREAS, the City Council has determined that said acquisition would be in the best interests of the public, and proposes to purchase said premises at the fair market value of$1.00 in consideration of its commitment to said capital improvements and proposes the purchase of the premises described in the attached notice as Exhibit A from the Marcus Community Golf Club, Inc.; and WHEREAS,the Council now sets the time and place for a public hearing upon said transfer; O NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marcus that a public hearing be held on the 9th day of May,2022 at 5:05 p.m.in the Council Chambers in City Hall, and that the attached public notice of the time and place of said public hearing shall be given by publication in the Marcus News at least seven(7) days but not more than twenty(20) days prior to the established date of the public hearing. PASSED AND APPROVED this 11th day of April 2022. q • Patrick J. Bunt, Mayor ATTESS,T:6- City Clerk-Treasurer PUBLIC HEARING NOTICE 0 0 Q CITY OF MARCUS Notice of Hearing Proposed Purchase of Real Estate From the Marcus Community Golf Club, Inc. TO: All owners of real estate situated in the City of Marcus, Iowa and all persons owning or claiming an interest therein and to all interested parties: Notice is hereby given that the City Council of the City of Marcus, Iowa will conduct a Public Hearing in the Council Chambers of City Hall, 222 N. Main St., Marcus, Iowa at 5:05 p.m. on Monday, May 9, 2022, at which time and place said City Council will the purchase of 60.00 acres of real estate for the proposed$1.00 fair market value to invest in major capital improvements. The City Council proposes to purchase the following described real estate from Marcus Community Golf Club,Inc.: See Exhibit A below. All interested persons may appear and be heard regarding the proposed transfer and any and all have the right to file a claim or comment,in writing, at or before the time and date fixed for the hearing. 0 0 } a 0 0 ORESOLUTION NO.22-23 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8,2021;and WHEREAS, in accordance with Iowa Administrative Rules Code(ARC)545.25,all transfers of moneys made from one budgeted fund to another budgeted fund occurring, must be approved by Resolution to provide for more transparency: and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of May 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,307.11 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 9th, day of May 2022. Mayor Bunt ATTEST: u a Robin A. Harvey,City Clerk/Treasurer 0 C 0 0 O RESOLUTION NO.22-26 RESOLUTION TRANSFERRING FUNDS WHEREAS,the following fund-to-fund transfers were approved as part of the 2021-22 budget of the City of Marcus;and WHEREAS,the 2021-22 budget was adopted on February 8, 2021;and WHEREAS,in accordance with Iowa Administrative Rules Code (ARC)545.25,all transfers of moneys made from one budgeted fund to another budgeted fund occurring,must be approved by Resolution to provide for more transparency:and NOW,THEREFORE, be it resolved that the following transfers are hereby authorized for fiscal year 2021-22 to be made in the month of June 2022. Transfer From Transfer To Amount Description Lost Fund Debt Services $3,890.45 LOST Lower Debt Service Tax Levy Cash Transfer PASSED AND APPROVED this 13th,day of June 2022. 0 _ ee(,( 145; Mayor Bunt ATrTEST::/, , . _ I ���F%��i'Vim', Q���r2Gi��`P (,� Robin A. Harvey, City Clerk/Treasurer 0 0 0 0 0 RESOLUTION#22-4-6 al A RESOLUTION SETTING SALARIES FOR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF MARCUS, IOWA JULY 2022- JUNE 2023 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MARCUS, IOWA: Section 1. The following persons and positions named shall be paid the salaries or wages indicated and the clerk is authorized to issue warrants/checks, less legally required or authorized deductions from the amounts set out below, every 28 days,payable every 14 days with Sunday night being the end of the work period. NAME HOURLY HOURS FOR REGULAR PAY DOUGLAS DRECKMAN PW Sup 24.05 80 MATTHEW DRECKMAN PW Street 22.09 80 TANNER CRONIN PW 20.47 80 ROBIN HARVEY City Clerk 25.00 80 LISA IRWN Library Dir 20.00 62 SCOTT CARLSON Library Cust. 12.87 MARJO DAUM Library PT 13.00 O MARJO DAUM Dep. Clerk Occasional 13.00 LIBRARY SUBS 10.00 COMM. PROT. SKILLED CHIEF 26.73 COMM. PROT. SKILLED PT 21.00 Overtime hours shall be paid for at one and a half times the hourly rate or equivalent rate for the job performed. Employees may request or be asked to take off compensatory hours for each overtime hour worked up to 40 hours. Section 2. The City Clerk is hereby directed to publish this resolution by number and title only. Passed and approved this 13th`h June 2022. Mayor-Pat Bunt ATTEST: V a- Robin A. Harvey-City Clerk/Treasur 0 G C U 0 RESOLUTION NO.22-22 RESOLUTION APPROVING PROPOSED PURCHASE OF THE MARCUS GOLF COURSE WHEREAS, on this date a Public Hearing was held concerning the advisability of purchasing real estate known as the Marcus Golf Course; and WHEREAS, the City Council and the Marcus Community Golf Club, Inc. have determined a course of action to ensure the long-standing availability of a golf course to • the Marcus community; and WHEREAS, in determining the best course of action it desires to purchase certain real estate where the golf course is located and will invest in major capital improvements to the premises; and WHEREAS,the City has determined that a fair market value for the purchase of the premises is$1.00 due to the necessity of capital improvements,has deemed it necessary for public use as a municipal golf course; WHEREAS, a resolution by the City Council is required in order for the City of Marcus, Iowa to accept a Warranty Deed on said premises. NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Marcus Iowa hereby authorizes the approval of the enclosed real estate contract and agrees to purchase the following described real estate from the Marcus Community Golf Club,Inc. for$1.00 pursuant to the terms and conditions therein: A tract of land in the S1/2 SE1/4 of Section 4,Township 92 North,Range 42 West of the 5th P.M.,more completely described as follows: Commencing at the south quarter corner of said Sec. 4; thence north 0° 21' east along the south quarter line of said Sec.4 sixty feet to a point on the north right-of-way line of Iowa State Highways 3 and 5,being the point of beginning; thence north 0°21' east along the south quarter line of said Sec.41,266.4 feet to a point on the south eighth line of said Sec.4; thence north 89°30' east along the south eighth line of said Sec.4 2,609.3 feet to a point on the west right-of-way line of Iowa State Highway 143; thence due south along the west right-of-way line of Iowa State Highway 143 parallel to and 50 feet west of the east line of said Sec.4 310.0 feet; thence south 79° 27'; west 597.0 feet; thence south 28° 12' west 372.0 feet; thence south 19° 14' west 564.5 feet to a point on the north right-of-way line of Iowa State Highways 3 and 5; thence south 89°42' west along the north right-of way line of Iowa State Highways 3 and 5,parallel to and 60.0 feet north of the south line of said Sec.41,668.3 feet to the point of beginning, containing 60.0 acres, more or less. OThe east line of said Sec.4 is assumed to run due south; 0 0 0 0 PASSED AND APPROVED this 13th,day of June, 2022. Patrick J. Bunt, ayor ATTEST: City Clerk-Treasurer ENCLOSURE: Real estate contract. 0 0 0 0 0 i C REAL ESTATE CONTRACT (SHORT FORM) Recorder's Cover Sheet Preparer Information: Alyssa A. Herbold, 427 W. Main St. P.O. Box 100, Cherokee, IA 51012, Phone: 7122253143 Taxpayer Information: Return Document To: Alyssa A. Herbold,427 W. Main St. P.O. Box 100, Cherokee, IA 51012 CDGrantors: Marcus Community Golf Club, Inc. Grantees: City of Marcus, Iowa Legal Description: See Page 2 Document or instrument number of previously recorded documents: 0 ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract IowaDocs® Revised August 2017 0 0 0 2 0 a r ti�rr ° REAL ESTATE CONTRACT e a (SHORT FORM) 4bco.-0° IT IS AGREED between Marcus Community Golf Club, Inc., an Iowa Corporation ("Sellers"); and City of Marcus, Iowa, an Iowa Municipal Corporation ("Buyers"). Sellers agree to sell and Buyers agree to buy real estate in Cherokee County, Iowa, described as: See 1 in Addendum. with any easements and appurtenant servient estates,but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities,roads and highways; and d. (consider: liens;mineral rights; other easements; interest of others.) (the "Real Estate"),upon the following terms: 1. PRICE. The total purchase price for the Real Estate is ONE and 0/100 Dollars ($1.00) of which Zero Dollars ($0.00)has been paid. Buyers shall pay the balance to Sellers at Marcus, Iowa or as directed by Sellers, as follows: Entire balance due upon delivery of abstract showing merchantable title and Corporate Warranty Deed. O2 INTEREST. Buycrs shall pay interest from on cha11 also pay interest at the rate of percent per t, _ __ ♦l ct . ted from the .fate o f the deli« ad u 3. REAL ESTATE TAXES. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. The parties agree that no proration will be exchanged at closing. The Sellers shall pay said real estate taxes upon certification. This provision shall survive closing. The Sellers shall pay 5/6 and the Buyers shall pay 1/6 of the property taxes for fiscal year 2021-2022. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of this contract. All other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on Closing,provided Buyers are not in default under this contract. 6. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, tornado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers O shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers have delivered an abstract of title to Buyers. ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract IowaDocs® Revised August 2017 0 0 0 3 O Buyers, at their expense, shall promptly continue the Abstract of Title through the date of this contract. It shall show merchantable title in Sellers in conformity with this contract, Iowa law and the Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full,however, Buyers reserve the right to occasionally use the abstract prior to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades,rods,blinds, awnings, windows, storm doors, screens,plumbing fixtures,water heaters, water softeners, automatic heating equipment, air conditioning equipment,wall to wall carpeting,built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.) 9. CARE OF PROPERTY. Buyers shall take good care of the property; shall keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers. 10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees,by Quit Claim Deed, free and clear of all liens,restrictions, and encumbrances except as provided herein.Any general warranties of title shall extend O only to the date of this contract,with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES. a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or(b) fail to pay the taxes or special assessments or charges, or any part thereof,levied upon said property, or assessed against it,by any taxing body before any of such items become delinquent; or(c) fail to keep the property insured; or(d) fail to keep it in reasonable repair as herein required; or(e) fail to perform any of the agreements as herein made or required;then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option,may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made;but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture,if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over,unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option,may elect to 0 declare the entire balance immediately due and payable after such notice,if any, ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract IowaDocs® Revised August 2017 0 0 0 4 O as may be required by Chapter 654,The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents,issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten(10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings,the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six(6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three(3)months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four(4)months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty(60) days if all of the three following contingencies develop: (1)The real estate is lessbthan ten(10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such 0 foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty(30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty(40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made;but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over,unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. c. If Sellers fail to timely perform their obligations under this contract,Buyers shall have the right to terminate this contract and have all payments made returned to O them. ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract Iowarlocs® Revised August 2017 0 0 0 5 O d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding this contract,hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers,then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower,homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the 0 context. 17. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 18. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person"or any other banned or blocked person, entity, nation or transaction pursuant to any law, order,rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses,risks, liabilities and expenses(including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 19. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. 20. ADDITIONAL PROVISIONS. a.) This property is sold AS-IS,WHERE-IS,with no warranties of any kind. O ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract IowaDocs® Revised August 2017 0 0 0 6 0 Dated: MARCUS COMMUNITY GOLF CITY OF MARCUS, IOWA(BUYER) CLUB, INC. (SELLER) Conrad Ebert, President Patrick Bunt, Mayor Ginell Wetter, Secretary Attest: Robin A. Harvey, City Clerk STATE OF IOWA, COUNTY OF CHEROKEE: This record was acknowledged before me on ,by Conrad Ebert as President, and Ginell Wetter, as Secretary of Marcus Community Golf Club, Inc., an Iowa Corporation. 0 Signature of Notary Public STATE OF IOWA, COUNTY OF CHEROKEE: This record was acknowledged before me on ,by Patrick Bunt as Mayor and Robin A. Harvey as City Clerk,of the City of Marcus, Iowa, an Iowa Municipal Corporation. Signature of Notary Public O ©The Iowa State Bar Association 2021 Form No.143,Real Estate Contract IowaDocs® Revised August 2017 a a a 0 RESOLUTION NO. 2222=24 RESOLUTION SETTING TIME AND PLACE OF PUBLIC HEARING ON PROPOSED SALE OF REAL ESTATE IN THE COUNTRY VIEW SUBDIVISON— FIRST ADDITION IN THE CITY OF MARCUS,IOWA WHEREAS, the City Council was approached with an opportunity to sell public real property; and WHEREAS,the City Council for the City of Marcus,Iowa,will hold a public hearing prior to action and to determine the fair market value of the real estate; and WHEREAS,the Council previously set advertised the fair market value be$34,623.00 for Lot 3, $34,749.00 for Lot 4, and $36,301.50 for Lot 5 upon the dedication of the County View Subdivision-First Addition; and WHEREAS, Marcus Lumber Company has made an offer to purchase the following described premises for$87,000.00: Lots Three (3),Four (4), and Five(5), all in Country View Subdivision—First 0 Addition to Marcus, Cherokee County, Iowa. WHEREAS, the Council now sets the time and place for a public hearing upon said proposed sale of real estate and determination of fair market value. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Marcus,Iowa that a public hearing be held on the 13`h day of June 2022, at 5:05 p.m. in the City Hall Council Chambers, and that the attached public notice of the time and place of said public hearing shall be given by publication in the Marcus News at least four(4) days but not more than twenty(20) days prior to the established date of the public hearing. I ' . PASSED AND APPROVED this day of n� , 2022. L ' Conrad Ebert, Mayor Pro-Tern ATTEST: 'n a. Robin A. Harvey, City Clerk-Tres rer 0 C 0 0 NOTICE OF PUBLIC HEARING HEARING ON PURCHASE OF PRIVATE REAL ESTATE IN THE COUNTRY VIEW SUBDIVISION—FIRST ADDITION NOTICE OF PUBLIC HEARING TO: All owners of real estate situated in the City of Marcus, Iowa and all persons owning or claiming an interest therein and to whom it may concern: Notice is hereby given that the City Council of the City of Marcus, Iowa will conduct a Public Hearing in the Council Chambers of City Hall,222 N. Main Street,Marcus, Iowa at 5:05 p.m. on Monday, June 13th, 2022, at which time and place said City Council will consider the sale of certain real estate in the City of Marcus, Iowa. The following sale of real estate to is being recommended for approval by the City Council for the City of Marcus,Iowa between it and Marcus Lumber Company. The Council advertised the following of for each respective lot upon the dedication of the County View Subdivision-First Addition: $34,623.00 for Lot 3, $34,749.00 for Lot 4, and $36,301.50. Marcus Lumber Co. has made an offer to purchase the following described premises for $87,000.00: Lots Three (3), Four(4), and Five (5), all in Country View Subdivision—First Addition to Marcus, Cherokee County,Iowa. The City Council desires to sell the premises as it is not necessary for public use and is designated as a surplus.Persons wishing to make written comments may do so by submitting them to the City Clerk at City Hall no later than 4:00 p.m. on June 13th, 2022. Persons wishing to make oral comments may do so at the public hearing at the time and place referenced above. The hearing will be held in conformance with applicable ordinances. Robin A. Harvey, City Clerk 0 0 0 0 0 RESOLUTION#22-28 IOWA DEPARTMENT OF TRANSPORTATION FEDERAL-AID AGREEMENT FOR A IOWA'S TRANSPORTATION ALTERNATIVES PROGRAM (IOWA'S TAP) PROJECT SEE ATTACHMENT Passed and approved this 13th`h June 2022. .7.,:7 Mayor-Pat unt (ATTTESTT:: /} 0 (4016104.70 1 `'c. Robin A. Harvey-City Clerk/Treasurer 0 0 0 O C,1 DOT O May 9, 2022 Robin Harvey City Clerk City of Marcus 222 N. Main Street Marcus, IA 51035 Re: Marcus Trail Phase I, City of Marcus Project Number TAP-R-4762(602)--8T-18;Agreement Number 22-TAP-144 Dear Robin Harvey: Enclosed is a copy of an agreement between the City of Marcus and the Iowa Department of Transportation for the above referenced TAP project.After review, please sign and certify the copy of the agreement and email the agreement to me. One original copy will be sent to you after the Department has signed them. Please remember this agreement is NOT an authorization to expend funds. Prior to incurring any costs that will be reimbursed with federal funds,written authorization by the Federal Highway O Administration (FHWA) must be received. In addition,the City of Marcus must comply with the provisions set forth in this agreement to ensure that eligible project costs may receive federal aid reimbursement. Additional information on the federal funding process is available in the Federal-aid Project Development Guide and Instructional Memorandums to Local Public Agencies (Chapter 3)at www.lowadot.govilocal_systems/Publications/im/Ipa_ims.htm. Thank you for your assistance. If you have questions, I can be reached by telephone at 515-239-1629 or by e-mail at emily.whaley@iowadot.us. Sincerely, Emily Whaley Systems Planning Bureau Enclosures O t.I 515-239-1629 © I emily.whaley@iowadot.us Q Address: ® I www.iowadot.gov 1800 Lincoln Way,Ames, IA 50010 0 0 0 September 2018 0 IOWA DEPARTMENT OF TRANSPORTATION Federal-Aid Agreement for a Iowa's Transportation Alternatives Program (Iowa's TAP) Project Subrecipient: City of Marcus Subrecipient UEI Number: 140648432 Project Number(s): TAP-R-4762(602)--8T-18 Iowa DOT Agreement Number: 22-TAP-114 This agreement, made as of the date of the last party's signature below, is between the City of Marcus (hereinafter referred to as Subrecipient)and the Iowa Department of Transportation,the federal pass- through entity(hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal-aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP),which is funded by the Surface Transportation Block Grant Program (STBG), as codified in O Section 133 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as STBG funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules,the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement,the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Emily Whaley, Systems Planning Bureau, 800 Lincoln Way,Ames, Iowa 50010, 515-239-1629. The Subrecipient's contact person shall be Robin Harvey, City Clerk, 222 N. Main St., Marcus, IA 51035, 712-376-4715. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Marcus Trail Project 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project O activities under the Iowa's TAP program from STBG funds. The portion of the project costs reimbursed with STBG funds shall be limited to a maximum of either 80 percent of eligible costs i 0 0 0 September 2018 O (other than those reimbursed with other federal funds) or the amount listed ($329,900) in the Siouxland Interstate Metropolitan Planning Council current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non-cash or approved state fund contributions,subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non-cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient' non- cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non-cash contribution is determined by the Department to be less than that required by this agreement,the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2022. If the Subrecipient does not do this,they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at 0 least sixty(60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement,the Department shall have the right, after first giving thirty(30) days written notice to the Subrecipient by certified mail return receipt requested,to declare any part or all of this agreement in default. The Subrecipient shall have thirty(30) days from date of mailing of the notice to cure the default. If the Recipient cures the default,the Subrecipient shall notify Department no later than five (5)days after cure or before the end of said thirty(30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient' application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement the Subrecipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest Orates, or other methods as approved by the Department. 2 0 0 a September 2018 0 10.The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non-primary Highways,which is attached hereto and by this reference is incorporated into this agreement. 11.The Subrecipient shall maintain,or cause to be maintained for the intended public use,the improvement for twenty(20) years from the completion date in a manner acceptable to the Department. 12.This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable,the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 15.This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 16.This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written CDapproval of the Department and the Subrecipient. 0 3 0 O 0 September 2018 O IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT:City of Marcus Wne By: �` Date I3, , aoaa Title: Mayor CERTIFICATION: I, ko(oi rl f1-. I-/a rut' , certify that I am the Clerk of the city, and that rBU 1 (Name of City Clerk)rbrfr J l� I ,who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the I3 day of 11/4,1'Ia , a0aa- 0 Signed: �I 'UlwJ�t a. City Clerk of Marcus, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way,Ames, Iowa 50010 Tel. 515-239-1664 By: Date Craig Markley Director Systems Planning Bureau 0 4 0 0 0 September 2018 O EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Projects Unless otherwise specified in this agreement,the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations.To assist the Subrecipient,the Department has provided guidance in the Federal-aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies(I.M.$)that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm.The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations,and executive orders,the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age,or disability. In accordance with Iowa Code Chapter 216,the Subrecipient shall not discriminate against any person on the basis of race, color,creed, age,sex, sexual orientation,gender identity, national origin, religion, pregnancy, or disability.The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070,Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990(ADA),Section 504 of the Rehabilitation Act of 1973 (Section 504),the associated Code of Federal Regulations (CFR)that implement these laws,and the guidance provided in I.M. 1.080,ADA Requirements.When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504 following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend,and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project.This agreement to indemnify, defend,and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non-federal entity expending$750,000 or more in federal awards in a year shall have a single or program-specific audit conducted for that year in accordance with the provision of that part.Auditee responsibilities are addressed in Subpart F of 2 CFR 200.The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards(SEFA) using the Catalog of Federal ODomestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will 6 0 0 0 September 2018 O pay initial project costs and request reimbursement from the Department,the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid,the Department will report this project on its SEFA. In this case,the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department-assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to 0 carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below,the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1)The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de- appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion;or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified.The Department shall provide the Subrecipient with written notice of termination pursuant to this section. 0 7 0 0 0 September 2018 0 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO)Transportation Improvement Program (TIP).The Subrecipient shall also ensure that the appropriate RPA or MPO,through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP,federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested,the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization.The Subrecipient shall submit a written request for FHWA authorization to the Department.After reviewing the Subrecipient's request,the Department will forward the request to the FHWA for authorization and obligation of federal funds.The Department will notify the Subrecipient when FHWA authorization is obtained.The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization,the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity,the remaining unused programmed amount will be de-obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months,the Contract Administrator needs to be notified to determine if programming of 0 funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA)authorization a Federal Award Identification Number(FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number.This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization.The start date of the period of performance will be the FHWA authorization date. The project end date (PED)will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient,the Subrecipient shall follow the procedures in I.M. 3.330, Federal-aid Participation in In-House Services. CD 8 0 0 0 September 2018 0 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient,the Subrecipient shall follow the procedures in I.M. 6.010, Federal-aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees,the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates(PS&E).The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services,the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications-based selection process.The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal-aid Participation in Consultant Costs. 0 c. If Preliminary Engineering(PE)work is federally funded,and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the federal funds were authorized,the Subrecipient shall repay to the Department the amount of federal funds reimbursed to the Subrecipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project.This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include other activities that are not intended to lead to a construction project such as planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval.The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document.These procedures are set forth in I.M. 3.020, Concept Statement Instructions;4.020, NEPA Class of Action Process; 4.030, Environmental Data Sheet Instructions; 4.110,Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired,whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. O 9 a 0 0 September 2018 0 c. The Subrecipient shall obtain project permits and approvals,when necessary,from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S.Army Corps of Engineers, the Department, or other agencies as required.The Subrecipient shall follow the procedures in I.M. 4.130,404 Permit Process;4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations;4.160,Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed$100,000,the Subrecipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts,the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency(EPA) List of Violating Facilities or is under consideration to be listed. 6. Right-of-Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way,whether by lease,easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual.The Subrecipient shall contact the Department for assistance, as necessary,to ensure compliance with the required procedures,even if no federal funds are used for right-of-way activities.The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way.With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition,the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized,the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements,easements, or permits as needed from the railroad.The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way, and I.M. 3.680, Federal-aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highway Right of Way for projects on non-primary federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway,the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation,alteration, adjustment,or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement.The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to Ocoordinating with utilities. 10 C 0 0 September 2018 0 e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans,specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect,or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department,the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans,as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. 0 iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process,to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded,execute the contract documents and return to the Department. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal-aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002)to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city,the Subrecipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees,the mayor or city clerk will serve as the person in responsible charge,with assistance from the Department. O 11 C 0 CJ September 2018 a b. Traffic control devices,signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Iowa Administrative Code 761 Chapter 130.The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department,the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s.Available on-line at: http://www.iowadot.govierlicurrent/IM/navigation/nay.htm. d. For projects let locally,the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient,the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable,for conducting construction inspection activities. 0 9. Reimbursements. a. After costs have been incurred,the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs,for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation.The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5%of the federal share of construction costs or 5%of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review,the Department determines the Subrecipient has been overpaid,the Subrecipient shall reimburse the overpaid amount to the Department.After the final audit or review is complete 0 12 C 0 0 September 2018 0 and after the Subrecipient has provided all required paperwork,the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs.The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384(cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project.The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Subrecipient do exceed the total project costs,the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess),or ii. Refund to the Department all funds collected in excess of the total project costs(including interest and penalties associated with the amount of the excess)within 60 days of the receipt of any excess funds. In return,the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. Oa. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M.6.110, Final Review,Audit, and Close-out Procedures for Federal-aid Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project.The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval 0 13 C 0 C September 2018 O of the final closure document,the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained,the completed improvement in a manner acceptable to the Department and the FHWA. 0 14 C 0 0