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HomeMy WebLinkAboutRESOLUTION NO. 2006-02 RESOLUTION NO. RESOLUTION APPROVING EXTRACT OF MINUTES, ORDINANCE AND RESOLUTION OF THE COUNCIL MEETINGS OF THE CITY OF FAIRFAX, IOWA, HELD ON DECEMBER 13, 2005 AND JANUARY 10, 2006 GRANT OF FRANCHISE TO SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY, INC-DIGITAL VIDEO SYSTEM WHEREAS, The Council of the City of Fairfax, Iowa rnet in regular session on the 13th day of December 2005. The Mayor presided and called the meeting to order. WHEREAS, Among other business at said meeting, a Public Hearing was held and the Mayor announced that South Slope Cooperative Telephone Company ("South Slope") has requested the Mayor and Council to consider its proposed digital video system franchise, Comments from the public were invited. After a full discussion, the attached Digital Video Franchise Ordinance was properly brought before Council for passage, assigned Ordinance No. 48, being fully and distinctly read aloud in full. WHEREAS, With respect to Ordinance No. 48 the following motions were duly made, being fully and distinctly read aloud: Wainwright introduced Ordinance No. 48, AN ORDINANCE TO GRANT SOU"T"H SLOPE COOPERATIVE TELEPHONE COMPANY, INC., A COOPERTION ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA, ITS SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHTS, PRIVILEGES AND AUTHORITY TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, RENEW, RECONSTRUCT AND REMOVE A DIGITAL VIDEO SYSTEM ACROSS PUBLIC PROPERTY IN THE CITY LIMITS OF FAIRFAX FOR A TERM OF FIFTEEN (15) YEARS. Frieden moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 48, seconded by Scott. Roll call vote: Ayes:. Frieden, Scott, Magers, Wainwright. Nays: None. Absent: Beer. Motion carried. Frieden moved that Ordinance No. 48,AN ORDINANCE TO GRANT SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY, INC., A COOPERTION ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA, ITS SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHTS, PRIVILEGES AND AUTHORITY TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, RENEW, RECONSTRUCT AND REMOVE A DIGITAL VIDEO SYSTEM ACROSS PUBLIC PROPERTY IN THE CITY LIMITS OF FAIRFAX FOR A TERM OF FIFTEEN (15) YEARS be considered for the third time, placed upon its passage and adopted, seconded by Wainwright. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Nays: None. Absent: Beer. Motion carried. Ordinance No. 48 is declared to have been enacted. WHEREAS, The Council of the City of Fairfax, Iowa met in regular session on the I Oth day of January 2006. The Mayor presided and called the meeting to order. WHEREAS, Among other business at said meeting, a Public Hearing was held and the Mayor announced that South Slope Cooperative Telephone Company ("South Slope") has requested the Mayor and Council to consider submitting its proposed digital video system franchise to the voters. Comments from the public were invited. After a full discussion, the attached Resolution to Submit to the Voters the Proposed Grant of Franchise to South Slope Cooperative Telephone - Digital Video System was properly introduced, seconded, adopted. by unanimous vote and assigned Resolution No. 2006-1, being fully and distinctly read aloud. in full, BE IT RESOLVED, With respect to Resolution No. 2006-1: That Ordinance No. 48 shall be submitted to the voters at a City election to be held. on the 21st day of February 2006, for their approval or rejection, by placement of the following question on the ballon "Shall the City of Fairfax,Iowa grant a non-exclusive franchise to South Slope Cooperative Telephone Company for the erection, maintenance, and operation of a digital video system within the City?" The Linn County Commissioner of Elections shall be, and hereby is, instructed and directed to cause to be published not less than four nor more than 20 days before the date of the election, a Notice of Election and Publication of Digital Video System Franchise Ordinance. That the Mayor and Clerk and other proper officials shall be, and hereby are, authorized and directed to do such other acts as may be proper and necessary for submitting the Ordinance to the voters for,their approval or rejection. The City Council of the City of Fairfax, Iowa, hereby authorizes the submission of the proposed grant of franchise to South Slope Cooperative Telephone Company to voters, on. behalf of the City of Fairfax, Iowa, to act on behalf of the City of Fairfax, Iowa and to provide additional information as may be requested. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution, Passed and approved this day of 2006. t a,�7,A4 AYES: NAYS ,ABSENT: Bill Voss, Mayor ATTEST: G� Connie Frame, City Clerk The foregoing Resolution No, having been approved this date by the Fairfax Cir Coun jl,I hereby pprove the same by affixing my signature as City Clerk on this day of r ,2006. Connie Frazee, City Clerk