HomeMy WebLinkAbout05/20/1971 Council Minutes Regular meeting of the Fairfax "Town council was held May 20th, 1971
A,11 co,incilmen present. Mayor Shakespeare presiding..
Minutes of May 7th meeting read and approved.
S-air Snell appeared again before the council in regard to his dance permit
Rill Serbousek, town marshall, gage his thoughts in regard to this tratter,
in particulare to the noise problem. N o action taken. Council tabled matter
until June 3, 1971 meeting..
Motion to approve the granting, of the propsed $300.00 to the Baseball association
uxx in pact payment of a new fence at the ball park, was rude by Betty Austin
2ndl lion Vavroch Carried
There were 12 replies received by the councilmen and mayor in answer to the
uestionafre mailed to 194 households in the town of Fairfax in regard tothe
establisheraent of a playgro nd this summer. Tabled until June 3, 1971 meeting
John Erbes of the Hartford Insurence company present to present a Accident
insurance pxi plan for the fireman to the council. . No action taken on the
tatter.
Van Hall atteneded meeting to get final approval of building permit for garage.
It was the &pinions of the P & Z committee that he be allowed to build this garage
at a 21ft set back instead of the required 25Ft because of the location of
his property on a corner lot. Motion to approve this recommodation and issuance
of a building permit was made by Ron Vavroch 2nd Betty Austimn. Carried
Discussion held on the removal of blocks, ties etc placed between traveled
portion of street and side walk.. The legal opinion of Warren Ack44y was read,
(Copy ,Attached) It was the consensus of the council that all property owners
having those barracks should remove them relieving the town of any re-
sponsibility in case of accident.
Clerk instructed to get a estimate from professional floor care compare
for waxing council room, hall etc.
Clerk instructed to send letter to Richard Meeks in revard .to his burning
trash in the street.
Motion to approve bills was made by Stallman 2nd b�T R V'avroch carried,
Short discussion held on street repairs.
Motion to adjourn made by Frank Kara]. 2nd R Vavroch.
Virginia Soukup, Clerk Harold S'hake.spear, Mayor
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KLEY 8 KOPECKY
ATTORNEYS AT LAW
g�7 HLG LEY BUILDING
C DAIZ RAPIDS, IOWA 52401 ELerL3aN� ss�. "
2d63
AREA CODE 319
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FAIRFAX, IOWA.'.
has bee
presented to o whether or not tie piss
an
i ,.. .may it tai .i the d the t d portion the st ett
i o railroad, ties, cement blocks _, or t el la ne x
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rder to keep care on the t �a -.portion of the vay from comiug up,on
known as the parking, the same being between the travel d� io 1 t��-�
street t and the id .? , � t�11 v n injn� � i� i iE w i
she placing of said ar i r , the Town of Fairfax might have an
as result of such injury.
heye�F
found m ny cases on this particular problem, not only in the state of
but of v ur e, thro�gbout the United States. According to the apinWne,
t t � I er are not a r .snail f barrier t v o t re
W1d appear i =b i the to hs, not used ordinary car care t � that the conditio 8 are
safe, any person injured as a reEult of failing or stumbling over sell
the town. gas . art_µui.
could rpQover damages fr
i � i l safe, and ?a te found � case dir° ti stating that � type ��
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ers referred to above are iinsaf ® There are many cases which assert that tb;
"Al i ng of a hole in a paring or having posts in kin does crew e n a$oaf-
,- It ion� " are &'. yeses t the effect that even t ough a hole may c , .
e.UtUace from the ""raveled.- t , the street, if the city knows of i it 0-�oi.O,
�: up a fence to protect , r y
od into the depression hole.
of ou `, cannot tell. you t a court would hold in giver: set of l 2 eke,..,
atees. My present inclination is t the railroad ties, the cement bloclks an ,
r ineWental t r°i i placed alorA the traveled-portion of the street does snot
the l course. o v create unsafe condition, but 1, o course, ���.at
M Y that if should l over one of 'these 'barriers, they could
,r 'bring suit against the Town of Fairfax even though it might ultimately b
that the o Fairfax not lib r°f the individual's i n, e .
VGUld assume that your primary thinking is t regard to expense y, ate JV
t admit that i tbinking in tenna of the o f ilit of b it
this baving to expend =, ney in defense of a sprit by someone had I... �m
t rri , i i that t id barriers i _ a .
bit I again -reiterate t t this does not necessarily mean that in the
re that t i a ,;m rr
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liability on the o : ftirfax; taut again, each set of i cu t n. c.,
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::and::no flat a xi on can be Made at this time to what the DV
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that I know the general attitude of the Council, and as a result,
would e ordinance migh weU be passed forbidding of
described above, arid. course, In addition, th Is a statute
dangerous h , authorizes the Tcnmr to remove or abated any nuisance wbich be
as to the ase Of the treets aa
d sidewalks.
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Dated this '20th day of
Very truly yours,
w Warren Ca Ackley
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