HomeMy WebLinkAboutSupplemental Attachments - 8/6/2018Fribr 4D a ppy d garde./ l;4d
Page 1
"Mr. Mayor, Item #4 on the Proposed Agenda is "Null & Void" and
needs to be deleted from today's Proposed Agenda as the Motion and
Vote to RECONSIDER that same approved item (which was #13 on the
July 16, 2018 Agenda) was "OUT of ORDER" when voted on last week
(July 30, 2018).
I make this point of order prior to a "second" on a motion to approve
this proposed agenda which I believe would include an item (#4) whose
return violated the Rules of Procedure and is therefore "Out of Order".
I call on you, Mr. Mayor, as the Presiding Officer to rule the motion and
subsequent vote to reconsider "Out of Order". The Authority to do so
rests with you, Mr. Mayor.
Mr. Mayor, I ask to be allowed to explain the specific grounds for ruling
the motion and vote "Out of Order".
1.) The motion to RECONSIDER is a parliamentary procedure and
is contained in our Code of Ordinances as such. It is one of the
laws of the City of Waterloo, State of Iowa. ( Title 1, Chapter 4 —
3F). The motion to RECONSIDER was used last week, July 30,
2018.
2.) That in our Code of Ordinances, Title 1, Chapter 4 — 3H speaks
to further use of parliamentary rules by saying: " In all cases not
provided for herein, the usual parliamentary rules which govern
parliamentary bodies shall govern the city council where they
are applicable."
3.) That the motion to RECONSIDER is within Robert's Rules of
Order which is the standard for parliamentary rules of
procedure used by deliberative bodies within the United States.
4.) That all elected City of Waterloo officials took an Oath of Office
including to uphold the Constitution of the United States and the
laws of the State of Iowa, which includes Waterloo's laws (Code
of Ordinances). Therefore, each of us as elected officials are to
abide by our Code of Ordinances. Not doing so violates our Code
and our Oath of Office.
5.) Robert's Rules speaks to Timeliness of a Point of Order by
saying that " The only exceptions to the rule that a point of order
must be made at the time of the breach arise in connection with
the breaches that are of a continuing nature, in which case a
point of order can be made at any time during the continuance
of the breach. (e.g. in this case prior to adoption of the proposed
agenda for August 6, 2018 — today.) Instances of this kind occur
when a motion is in violation of law... rules of the organization,
or the fundamental principles of parliamentary law, so that the
action proposed by the motion would be null and void even if the
motion were adopted. In such cases, it is never too late to raise a
point of order."
Also, "No main motion (a motion to RECONSIDER) is in order
which conflicts with national, state or local law(s) or rules of
the" organization applicable.
6.) The purpose of a motion to RECONSIDER is: "to permit
correction of a hasty, ill-advised or erroneous action or to take
into account added information or a changed situation that has
developed since the taking of the vote"
Point A.) The July 16, 2018 vote was not hasty as Council had already
voted on 2 previous occasions approving the 28E Agreement with HCC on
8-21-2017 and the Project Addendum to the Agreement on 10-16-17
(identifying the Newell Streets lots, to set costs and set design), which was
then approved on July 16, 2018 on a 5-2 affirmative vote of Council.
Point B.) On July 16, 2018 the Project design and cost "Not to Exceed"
estimates were presented both in a Work session and in Handouts which all
Council had available before the vote at Regular Council Meeting that day
where discussion was open to all council prior to the affirmative vote. The
mover of the 7-30-18 motion to reconsider had no question but access to the
same information as all Council.
Point C.) The action was neither ill advised nor erroneous given the time
(over 1 year), the discussion, work sessions, attorneys for both entities
involvement and the prior Council -approved actions moving this project's
subsequent planned actions. These signed by the Mayor and HCC Board.
Point D.) There is no additional information or changed situation. What
has happened though is that the Project has progressed since the 8-21-17
vote with more time, money and planning invested by HCC with whom we
have the Agreement.
7.) To use the motion to RECONSIDER the deliberative body using
this parliamentary procedure is bound by the guidelines for such
use. Stepping outside those bounds is violating our Code of
Ordinances — our City Laws and would require a change in
Code language, which has not occurred. Robert's Rules of Order
refers to the Standard Descriptive Characteristics of a motion to
reconsider saying: the motion to reconsider may be applied to
the vote EXCEPT (and there are 6):
"b.) Is an affirmative vote whose provisions have been partly
carried out;" [28E- Agreement with HCC and City of Waterloo;
Project Addendum; 10-24-17 HCC board of HCC Trustees
Review and Approval of the Newell Street Housing Project with
the City of Waterloo; information requested and received by this
Councilperson from HCC outlining purchases by HCC totaling
$81,100 towards this project and 290 hours of invested time; that
the amounts sought and received since the affirmative vote of 7-
30-2018 is well over $10,000.
AND the other applicable exception is: "c.) An affirmative vote
inn the nature of a contract when the party to the contract has
been notified of the outcome." [HCC, the party to the contract
was there on July 16, 2018 was there when the Council approved
item #13 on that agenda, therefore was notified directly and took
additional action.
Based on these facts, documents and the information presented,
the motion and vote to reconsider Item #13 on the July 16, 2018
Agenda is Out of Order (and even Null & Void) and I ask you,
Mr. Mayor, to so Rule it Out of Order.
Thank you and Council for your time.
City of Waterloo
Finance Committee Open Invoice Report
For August 6, 2018 Approval
Finance Committee Accounts Payable Open Invoice Report Total
As of Friday, August 3th, 2018
EFT Transactions:
Wellmark Weekly Claims
Remove Advanced Sytems
Add Van Meter Credit
Friday Total 1,398,198.87
Subtotal - as of Monday, August 6, 2018
Workers Compensation Issued by TPA
Housing Authority Housing Assistance EFT's
Housing Authority Housing Assistance EFT's
Payroll
1Bill Payment Total - Monday August 6, 2018
1,259,033.95
139,164.92
(30.00)
(21.03)
1,398,147.84 1
15,556.14
5,295.00
1, 764, 928.98
Payment to Council members or related entities:
3,183,927.96
CITY OF WATERLOO, IOWA
CITY ATTORNEY'S OFFICE
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286
August 3, 2018
Mayor Quentin Hart and
City Council Members
City Hall
Waterloo, IA 50703
Dear Mayor Hart and Council Members:
I have examined the bonds filed with the City Clerk/Auditor's Office up to the
close of business on August 3, 2018.
Of the 2 bonds submitted, 2_ were approved and c) were rejected, as
shown on the attached list.
Very truly yours,
d R. - hoefer
Waterloo City Attorney
DRZ:sda
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
BONDS FOR COUNCIL APPROVAL
August 6, 2018
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00
W150321980
3399051
CLINT UHLENHOPP UHLENHOPP DEVELOPMENT
DENNIS EVEN
CEDAR FALLS, IA
GILBERTVILLE, IA
RIGHT OF WAY CONSTRUCTION BOND
No. W150321980
Applicant's Telephone Number: 319-269-2817
KNOW ALL MEN BY THESE PRESENTS:
That (I), (We), Clint Uhlenhopp Uhlenhopp Development
of
3207 Carlton Dr Cedar Falls , IA
Street
City State
as Principal, and Old Republic Surety Company of
445 S Moorland Rd, Suite 200 Brookfield, WI 53005
as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal
sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America,
to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself)
(herself) (themselves) their heirs, executors and administrators, and the said Surety binds
themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by
these presents.
THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the
Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars
($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may
engage in construction, reconstruction or excavation in the public right of way in said City.
NOW, THEREFORE, if the above bounden Clint Uhlenhopp Uhlenhopp Development of
3207 Carlton Dr Cedar Falls, IA 50613 will faithfully perform any and all duties
and abide by any and all regulations required by said Ordinances regulating the construction,
reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to
said City any and all sums and amounts due or that may become due or owing by reason of or under
said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a
violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will
indemnify and keep the City harmless from all liability for any accident and/or damages arising from
(his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void,
otherwise to remain in full force and effect.
The effective date of this Bond is May 1, 20 18 , through April 30, 20 19
Witness our hands this 1st day of August , 20 18
Clint Uhlenhopp Uhlenhopp Development
PRINCIPAL
PLEASE MAIL TO:
City of Waterloo, Iowa
Engineering Department
715 Mulberry Street
Waterloo, IA 50703
By:
--tet (7_/"4
Printed Name: Clint Uhlenhopp
Old Republic Surety Company
SURETY
By:
e c,
Attorney-in-fact
Updated 1-24-00
PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND.
****
* *
* OLD REPUBLIC SURETY COMPANY
****
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: Elise Faust of Brookfield, WI
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste
management bonds, hazardous waste remediation bonds or black lung bonds), as follows: Effective Date: 8/1/2018 12:00:00 AM
Bond Number: W150321980 Bond Amount: Fifteen Thousand Dollars $15,000.00
Principal Name: Clint Uhlenhopp Uhlenhopp Development
Obligee Name: City of Waterloo Engineering Dept of Waterloo, IA
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that the president, any vice president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 1st day of August 2018
Assistant Secretary
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 1st
and Jane E. Cherney
OLD REPUBLICSUR TY COMPANY
/Z.
President
day of August 2018 personally came before me Alan Pavlic
, to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
CERTIFICATE
I, the undersigned, assistant
Power of Attorney remains in full
Attorney, are now in force.
0401914
;;:c,SURfT
cOPPOPA,.f........
AlvilivottK•
Public
My Commission Expires: 09/28/2022
(Expiration of notary's commission does not invalidate this instrument)
secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
SEAL
+PPO
Signed and sealed at the City of Brookfield, WI this 1st day of August 2018
ORSC 22262 (3-06)
PEOPLES INSURANCE AGENCY, LTD.
Secretary
°
RIGHT OF WAY CONSTRUCTION BOND
No. 3399051
Applicant's Telephone Number: (319) 269-9876
KNOW ALL MEN BY THESE PRESENTS:
That (I). (We), Dennis Even
of 2133 2nd Street
Street
Gilbertville IA
as Princpai, arid SureTec Insurance Company
City State
of
1330 PosOak Blvd, Ste 1100 Houston, TX 77056
as 3unoty, are held and firmly bound unto the City of VV8tedoo, Black Hawk County, Iowa, in the penal
sum of FIFTEEN THOUSAND DOLLARS ($15'000.00) lawful money of the United States of America,
to the payment of whch sum, well and truly to be made, the Principal herein firmly binds (himself)
(herself) (themselves) their heirs, executors and administrators, and the said Surety binds
thonnS8|veS, their successors. assigns, executors and administrators, jointly8nd severally, firmly by
these presents.
THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the
Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars
($15.000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before One may
engage in construction, reconstruction or excavation in the public rght of way in said City.
NOW, THEREFORE, if the above bounden Dennis Even of
2133 2nd Street Gilbertville. IA 50634 will faithfully perform any and all duties
and abide by any and all regulations required by said Ordinances regulating the ConStruCdOn,
reconstruction and excavation prjects within said City; and if (he), (she), (they) will promptly pay to
said City any and all sums and amounts due or that may become due or owing by reason of or under
said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), hhem\, or a
violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will
indemnify and keep the City harmless from all liability for any accident and/or damages arising from
(his), (her), (their) doing, protecting or completing the vvVrk. then this obligation to be null and void,
otherwise to remain in full force and effect.
The effective date of this Bond is May 1, 2018 , through April 30, 2010
Witness our hands this 31st day of July , 2810
PLEASE MAIL TO:
City of Waterloo, Iowa
Engineering Department
715 Mulberry Street
Waterloo, IA 50703
Dennis Even
PR|NC|P
��By:
Printed Name: Dennis Even
SureTec Insurance Company
SURETY
By:�("�m�w�\-.
.
�xney` act DavidK�ouauivcn
uFwa�uw�m^uo,�
PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING 0'
POA #: 3399051
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint David Gonsalves
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Principal: Dennis Even
Obligee: City of Waterloo
Amount: $15,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURE 1 EC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 6th day of April, A.D. 2017.
State of Texas
County of Harris
ss:
5
co I a=
f <�
SURETEC.i 1i7i►t�r'CO� '' Y
By:
John Knoxr., Presid i t
On this 6th day of April, A.D. 2017 before me personally came John Knox, Jr., to me known, who, being by me . ly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company descrt'ed in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
4:0r p4',,i JACQUELYN GREENLEAF
`a`i Notary Public, State of Texas
"� •o�� Comm. Expires 05-18-2021
'",;.:5,;:;•`.. Notary ID 126903029
l
Jacquelyn Greenleaf, Notary Public
My commission expires May 18, 2021
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 31st
day : Lau r ,018 ; , A.D.
hill!
M. Brent eaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
1[RAVEL IIEQU114 S'
CITY OF WATERLOO
NAME(S) AND POSITION(S):
Michelle Weidner, Chief Financial Officer
NAME OF CLASS / MEETING:
League of Cities Annual Conference
DEPARTURE DATE:
9/12/2018
DATE:
8/3/2018
FINANCE DEPT
LINE ITEM USED
FYeWt BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
DATE
Original - Clerk/Finance
STAFF ONLY
010 03 8400 1346
5-5)6;
Gv3s-
0-
4Cao
C ci 7/w
Copy - Department
DESTINATION:
Council Blufgs, IA
DEPARTURE POINT
IF NOT WATERLOO:
RETURN DATE:
9/14/2018
PURPOSE OF TRAVEL/TRAINING:
Attend League of Cities Annual Conference
DATE(S) OF MEETING:
9/12/2018-9/14/2018
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
YES
x COST $
NO
METHOD OF TRAVEL:
x
CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
LODGING
50.00 MEALS
205.00
30.00
REGISTRATION
MILEAGE/FUEL
TOTAL FOR ALL: $ 285.00
TAXI
PARKING
AIRFARE
MISC/TOLLS
BUDGET LINE ITEM: 010 03 8400 1346
x GRANT REIMBURSABLE
YES NO
x
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
DEPARTMENT HEAD
53 -13
YES NO
REQUIRED CERTIFICATION
TOTAL: $ 285.00
PER PERSON
I APPROVE THIS TRAVEL REQUEST
MAYOR
7(
DATE DATE
K:\Shared Goodies\Forms\Travel Request Form January 2010
TRAVEL REQUEST
CITY OF WATERLOO
FINANCE DEPT. STAFF ONLY
LINE ITEM USED 010-11-1100-1346
FY _2019 BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER 1HI5
REQUEST
noir
DATE 70)
Original - Clerk/Finance Co
- De•artment
NAME(S) AND POSITION(S):
Captain Dave Mohlis
DATE
08/01/18
NAME OF CLASS / MEETING:
Law Enforcement Leadership Series Conference
DEPARTURE DATE:
September 10th, 2018
DESTINATION: Ames, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
Return Date
September 11th, 2018
DATE(S) OF MEETING:
September 10th -11th, 2018
PURPOSE OF TRAVEL:
Lt. Cirksena is requesting authorization to send Captain Dave Mohlis to the Law Enforcement Leadership
Series Conference in Ames, Iowa on September 10th thru 111h, 2018. The conference will include school threat
assessments, statewide drug trends, death investigations and a panel discussion on recruiting and how
federal, state, county and municipal agencies of all sizes are overcoming the recruitment challenge. Two days
of breakfast and the first day lunch are included in the registration. A city vehicle will be needed for this
travel/trainin
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
x COST $
YES NO
METHOD OF TRAVEL:
x CITY VEHICLE
AIRFARE
DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
$150.00 LODGING .00
$38.00 MEALS .00
$125.00 REGISTRATION .00
$50.00 Fuel/mileage .00
TOTAL FOR ALL: $ 363.00
Uniforms
Parking
AIRFARE
Dues
BUDGET LINE ITEM:
x GRANT REIMBURSABLE
YES NO
x REQUIRED CERTIFICATION
YES NO
TOTAL: $ 363.00
PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND !$_NECESSARY AND BENEFICIAL TO THE
CITY OF ;WATERLOO
DEPARTMENT HEAD
DATE
I APPROVE THIS TRAVEL REQUEST
MAYOR
DATE