HomeMy WebLinkAbout03/01/1973 Council Minutes 21-6 Regular meeting of the Fairfax Town Council was held 3/1/73 Mayor Shakespeare
presiding. All Councilmen present.
Milo Kubasa atte&ed meeting to show the council the sand spreader he had that was
available to the town for the purchase price of $55.00. After a short discussion
motion to purcliase sander for $55.00 made by R Stalloap 2'n J Zamastil, Carried
Milo Kuba,sa inquired if a price had been set on the used t'Lres that the town owns.
A price of $10.00 a piece for the tires had been set several months ago, On motion
of P Stallman 2nd J Zamastil the town will sell to Mr Kubasa at $11.00 a piece those
tires he could use. Carried.
Motion by R Stallman 2nd J Stallman bills present for payment be allowed. Carried
Discussion held ori contract to be offered to James Poorbaugh. Several changes made
in regard to the average work week, 60 day notice of termination, holidays allowed
and the payment of the town or, a 50150 basis the 80120 Blue Cross, Blue Shield Ins,
Ronald Burger, Ralph Emanuel and Don Yurp�y attended council meeting as represent Atives
of the Baseball Team, in regard to the tiling of the baseball diamond. After a dis-
cussion of several items in this matter a motiop by Gary Stockton with 2nd by R Stallman
$450.00 is to be appropriated from the recreation fund to, help pay for the tiling which
has been estibated to have a total coat of 1,1100,00. Carried. This appropriation is
not to have any effect on the $300.00 budgeted for the baseball program* The bazeball.
club is to notify the council later in the year as their money -needs. The baseball
club agrees to maintain the ball park.
?etition accepted by the Town Council from the Town of Fairfax, as owners of a plot of
ground adjacent to the East boundries of the town of Fairfax, for annexation of said
property.
Resolution number 31-73 introduced to apne3c the property described in the petition
received from tl.-,e Town of Fairfax for annexation of said property, on motion of
R Stallman 2nd J Stallmar. Carried.
Resolution number 32-73 Electing to act under and be subject to certain divisions of
the City Code of Iowa (known as the home rule bill.) This ipeludes Div 15, 2,4 and parts
I & 2-- of Div 7, also included is this resolution was a section changing the corp. name
of the Town of Fairfax to the City of Fairfax, Towa.Motior to accept resolution made
by R Stallman grad James Stallman.' Carried
The first reading of Ordinance 19, adopting a Charter for the City of Fairfax and
embooy,ing the existing form of government was held. 2nd reading to be at April
Council, meeting,
The first reading of Ordinance 210, describing the boundaries of the City of Fairfax, Iowa
was a`ntroduced and read to council on motion of Gary Stockton 2nd R Stallman. Roll
Call vote. All councilmen voting, Aye.
On Motion of James Stallmsn 2nd John Zamastil 2rd and 3rd readings of Ordinance 20 be
despensed with and accepted on the first reading. Roll Call vote. Ayes J. Stallman
R, Stallman, R lefebure, J Zamastil. IsTayts G. Stockton. Carried.
Discussion held on repairs and improvements needed in the Lagoon area. Mr Kubaaa to
check with Ron Snell ',,as to what he would charge for the use of his bull dozer in the
Lagoon area, J Stallman to check on getting cinders for the raod. Clerk to get legal
descripition of land owned by Iowa Fund near the la'goon so town owned. property can be
pin pointed.
On motion of G Stockton 2nd J Stallman clerk instrteted to notify Iowa Elec Light that
the town wants compensation as outlined in their rate schedule for the placement of the
pole and anchors in the lagoon area on town owned property,
John Zamastil to attend OSHA meeting at Manche st;�-with town paying registration fee of
$4.00 and mileage.
Motion to adjourn, R Stallman grad G Stockton Carried,
E
PETITION FOR ANNEXATION
TO: Y yor and Towns Council
Town of Fairfax
Linn County
State of Iowa
TbWn of Fairfax, being legal titleholder, to the hereinafter
described real estate, do hereby make written application to �
the Zown Council of the Town of Fairfax, Linn County, State
of Iowa, and state that the said tract adjoins s and alarms the
prastut limits of the Town of Fairfax.
The foal estate sought to be annexed, pursuant to this petition,,
is more particularl.y described as follows:
The 8 521 feet of Lot 5, Irregular survey of Section 10, 82 N
R 8W, lying North of the C, N. W. and P. U or more particularly
described as follows:
That part of Lot 0, irregular s.nnrvey of Section 10, T8214,
ROW$ lyi , North of and adjacent to the C N. W. & P. R. R. rigbt-
of-way, beg. an the W line of said See. 10 at a point 165.4'
N or the % W corner of Section 10; th B 1525' along the N
ri, t -of-way line of. said R. R. to the East lime of said
Lot 5; th North along the E line 5211; th West parallel
to the North Lime of said R. R. try',he guest line of Sedtion
10-82-3; th S°.: tb 521' to the point of beg,.
BY
.. ayor, Town of Fairfax
As represernti.ve of the t 0 n of Fairfax as the owners in fact.,,
TTET s
Tsawn of 'Fairfax, Irma
I
RESMAMON mm n-5 r 7
WHEREAS, Ile Town of Fairfax, (tbe Owners) of the followipf
described property
Beginning at a point on the jection Line 16:5.4 test aorth
thente 'East parallel and contiguous to the Chicago Northwestern
Rpilroad right-of-Oay the quarter (1) seetian line at trte
€? r of thi 5 W I pf Serijor 10, T 120 R A, tbence north
on the rt O section l,i .., l feet thence "west and
rebel with Arth right- line of the Chicago Wrt . stems
thopej South ` the section line 521 feet to the
did lic.ation d tdv ,s 1975 for the anmewation of
saiJ proptrty to tbe Town
WhEREAS, it appears depirahle and , in h t i0tervat of We
..
Tovn of Fairfax, that said property r to in id application
be annexed to the Tewn at Fairfax, at this tine, now therefore-,
that text property herein ~fore described be and the same is hereby
annexed to the of Fairfax, W in the wanner provided
Seetiov 362.50 %de of Iowa 1961, and sueb property 6ball Krainafter
be Wnd becave part of t he Tum of Fairfax, maws.
BE IT FTM.V4,R� RF5CkwD, that the n Clerk be authorized and
directed: to file a aerti' id cppy of this restio , ttr
with the application of the , with the AP County Recor'd r
aW therafter to tiled witb the LAP County Avditor.
PASSED T. F s 1973
A C� �§
Clark, Town of Fairfax.,
RESOLUTION NO. 3--j-73
RESOLUTION ELECTING TO ACT UNDER AND BE SUBJECT TO CERTAIN DIVISIONS AM PARTS
OF DIVISIONS OF THE CITE' CODE OF IOWA, KNOWN ASTHE -HOW, RULE ACT, CNAPTER 1088
CF THE ACTS OF TAE SIXTY-FOURTH GENERAL ASSEMBLY (197 ), TO IUTI-LIZ TRIOS
PROVISIONS DEEKED BENEMCIAL TO THE TOWN AND ITS CITIZENS,
Be It Resolved by the Council of the Town of Fairfax, Iowa:.
Section 1. ADOPTIONS. The Town of Fairfax, Iolw elects
by this resolution to act under and be subject to the provisions of the following
divisions, or parts of divisions of Chapter 1088 of the Acts of the Sixty-Fourth
th
lo ra General Assembly (1972) set forth below as authorized by Division 1, Section
9 of Chapter 1088®
Division 1 (one)
Division 2 (two)
Division 4 (four)
Division 7 (seven) farts 1 and 2 (only)
Section 2® Corporate Name. The Corporate Name,, of the Town of Fairfax,
I.oiva is 'c an ed to the City of Fairfax, Iowa. All references to the Town of Fairfax
in the ordinances, resolutions, and other official papers and rewards are
deemed to refer to the City of Fairfax. All actions, proceedings, right or
duties incumbent upon or due to the Town of Fairfax or its officers survive
and Faust be prosecuted to a conclusion, A judgement or decree again the Town of
Fairfax is enforceable against the City of Fairfax of other party to the action.
An agreement prviously entered into by the Town of Fairfax is enforceable
by either party as the ease may be. All assets , liabilities and rights of the
"Town of Fairfax are hereby 'transferred to the City of Fairfax.
Passed toe Nsday of !� i. 1973 and approved this day
of , 1973
Ft;.. ��espea , �Iay+ar
ATTEST: - 'J .
Virginia Sol pup, C1
" OM Ayes R. Stall an J. Stallmaxn G. Stockton R. Lefebure
J. Zamastil
Nays- None.
CHAPTER 20 CITY MUMMIES
V fAM
AN ORMNANCE DESCRIBINS THE RMMUS OF THE CTTY OF FAIRFAX
I TMA
Be it Enacted by the Council of the Qtv of Fairfax, lowa
Section 1. Purpose, The purpose of this ordinarce is to describe the
boundaries of the City of Fairfax, Town
Section 2, Roundries, The boundn7ies of the City of nirfax, Town sh3l!
—11
be as follows to UM
Commencing on the sertior line at the Sautbeast Corner of the Southeast
Quarter of Section 9 , Townspin 82, Range 8, West of the 5th P, M, yr 61
Thence north on said section line to a point on sAd section live Uy i
165A Feet Nnrtb of the 9 W Corner of the S V j Section 10, T 02
Th. e.nce, Fast 13251 along the North rigbt.of .way line of the C. V. 9
I P. R R to the East line of the 0,7* SO of Section 10M. R; tberce North 521
thence West parelle! to 2rd 5211 North of the Said riqbt-of-=7 to the Ten
line of Section 10-82-87
Thence North on SW sectior line to the Northepat corner of the S R G
of the NET of Section 9-92-8.-
Thence West slon; the Quarter section line to the Nortbonsh Coracr
of the S W qmQrter of the N E Quarter of said section 9:1
Thence Snuth along the half section line to the So"thwent Corner
of the Swuthwest. Quarter of thp Northeast Qwnrter of said Section. 9;
r" 0
Tbence West on the Center wectMr line of Section 9 to the
It
Ncrtbwest Corner of lot Three, Auditor's Plat 369 (1 ,60M Feet )
Thence South along the West Line of Lot Three , AnKtor's Mt po, 369 7yq
(300 Feet) to the Scutbwest Corner of said Lot Mee, Auditor's PInt no 69;
Thence East along the South line of Said Lot Mee Auditor's Plat m :169 r-- rq�>M
to the Quarter section line at the West Edge of the Mcrtbeast quorter ofith
Cn e
,Southwest pmnrter of Sect iop 9� T 82, NR 8 W: -;a
Thence Soutb or said quarter 5ection live to a point 33 feet north of "The roll
center Section line of Section 16, Townsbip R2,Rlnge 8 Vest & tbe 5th P.F :
Thence Fpst 33 feet north of and parallel with the CaMer sectisn line
K said Sectiop T6 to a point 33 feet wcst of the Post Soction live of goid
Section 16:
Thence North 33 Feet Test of and nPrUlel with the East Rection line of
Section 16 to the North Seotion lire of said section 16-
Thence East 33 feet on the Mortb Section line of said section 16 to the
point of beginning,
Section 3, Repealer. All ordinances or parts of ordinances K conflict
with provisions of this ordinonce: are hereby repeale&
Section 4m QvIng Clause. TE any section, provisior, or pnrt of this
ordinance shall be adjudged tn be invalid nr unconstitutional, S2'0
ndjud scat ion sbaAnot affect the validity K the nrKnance ar o whole or ar.,.,r
nq
section, provisioKor pirt thereof not ndjudged irvalid or uncarsti tut ional,
Section 5� When Effecti-e , This ordinance shall be in effect after W,
final passage , ap-pr's';" al- AT publicntion as provided b; lzw�
pas5ed by the Council Ist dly of March, 3973 and approved the is - My of March, 1973
espea "01 L
H
ATTEST:
1973 vir nla--IoiukulpT- Ale,- SEP 2 3ti
A -M
A V-OA" r-r.IMM 10WA
17 4 PETITION FOR .ANNEXATION
TO: Mayor and Town Council DOCUMENT NO.
Town of Fairfax
Jinn County
State of Iowa
Town of Fairfax, being legal titleholderp to the hereinafter
described real estate, do hereby make written application to
the Town Council of the Town of Fairfax, Linn County, State
of Iowa, and state that the said tract adjoins and ab"ts the
present limits of the Town of Fairfax.
The Feel estate sought to be annexed, pursuant to this petition,
is more particularly described as follows s:
The S 521 feet of Lot 5, irregular survey of Section 10, T82: N
R 8WV lying North of the C. N. Wi and P. RR or mpre- particulaEltv
described as follows:
us
That part of Lot #5, irregular survey of Se' tion !CQ T82q
R8WV lying Nbrth of and adjacent to the C N, W. P. R. It right-
of-way, beg. on the W line of said Sec. 10 at a qA
pint 16g4l,
N or the S W corner of Section If; th B 13251 al4bg the
right -of-way line of said l. R. to the., fast IWO & said
Lot #5; th North along the E line 521' ; th West Yarallel2a,
co
to the North Line of said R. R. totbe West line of WHO
10-82-8; th South 5214 to the point of beg;
BY Mayor, Town of Fairfax
As representive of the tow 2of Fairfax as the owners in fact, T_
ATTE T
Clerk, Town of Fairfax, Iowa
PROA FOR
CITY ; i
AN ORDINAMM MCOBIM Yeg .BOUNDARIES OF VIE M 1 , IOWA
Be It Innetvd by the €a it of the City of Fairfax, l .
Section 1. .see The purpose of. this ordinance is describe the
boundaries the i ,, Iowa
Sec,tio,a 2. area. ens of the City f irf a , 1 shall
be as ll : t ° t3
Coomneing on the section line at the S-outheast Corner of the o t st
Quarter of e do 9, To,,�nwbip 82 Range 8 qest of the 3th P., M. , 1
Thence north on said section Urm to a point said section line
165.4 feet north of theS W corner, of the section 10, T 82 R 8 V9
Ther4ces East 1325' along the North right- f-way line of the
the East lin@ of the a-- -of fection 10-82-8- 321®
tnenre � , t parallel to and 521000f the said R R right-Of-waY to the West line
of eti 1. - - ;
north Tbonee said section li-ne to the rtht corner of to
of tbe V Section 9-82-8
Thence West aloag the quarter section line tO t -orthweat Corngr
of the S w Quarter of 0,e k4 2 quarter of ti: : ;
South alops tile halt seetton line to, the Sint t. Corner
of %tke Sjutr,,we.qt Quarter tie . °til t (,--varter said Section 90
Thence t on the t section line of said section 9 tO the
morthwest Corner of Lot Three, Auditor9s Plat Three,hxnd -sixty i (369)
1460202 feet
Tbence South along the West Line of Liat Three, Auditorts 'Plat :N . 369;
feet) to t Sr 3tE� t Corner f said Let ` eip, ?di.t 1 t No 36
The-nee east along the South line Said It Thane„ Auditor's l: t no. 39
to tipe quarter section line at the Nest adege of the Mortheast quarter of the
soutbuvat Ouarter f Se' ti , T 82 iMp ROW;
,rhence tli on said quarter section lilT to point 33 feet norti, of the
brtl
t € the 5th V w
The -me t 3 ftot North of a,-ld parallel it tl,�e center section .
f said Section 1 t A. Oit 33 feet t. .. t!. t .i life maid
section ;
'TheiVe Porte 33 feet ;iovt v4 and pnrallal wl.t e til.e et section line of
'Sectlon 16 to the North.Section line ®f said section 161
Thence Fast 33 feet on t-1110 north section lime of i.d 060tiOn 16 to the
,point of beginning.
Section 3, ardirmnees or parts of ordinances conflict.
with prow- ions of tk6 ordiname are repealed.
section . .9&yjtj ati . any ctio4, �'F? i n,, �' �' o tl,4
°d i n e �Z l 74 d M7 t i rival id a� i.'tut i s ,f Su Ch
ad ation atell :t affect V validity the ordinance as a whole or any
ti. ., Provision or Part V-:ereof not adjudged invOlid Oa ASti.tutivn&l-
tiort 3o h Effective. .r. o di k shall: he i f t ft i.t
final passare, approvaT�andpublicatioa a$ a i d by lawo
1 d t jn=ci.l I t day f ,, 1` 3 p �, gpr e °th �.Ot d � � � 19 3
1.
kes e !.
&TTE `t :
irp, ,min ... ler
TOWN OF FAIRFAX
FAIRFAX, IOWA 52228
E-MPLCYYE-W -AGREEMENT BETWEEN CITY OF FAIRFPX, IOWA AINU JAVES POORBAUGH
Section 1. Rate of Lay and Job Assignment. Employment will start at the rate
of $3.25 per hour for all types of work, whether it be law enforcement, water or
wastewater work, or any other tasks assigned to Mr Poorbaugh by the Mayor or
Mayor Pro-Team (in the absenne of the Mayor) of Fairfax, Iowa. The average work week
will be as scheduled at approximately 40 hours a week*
Section 29 Certification, Job Certification will be divided into 2 general
categoriesa A, Law Enforcement B, 1. Water 2. Wastewater (seperate certificates )
Certifications do not have to be made in any particular order,
Section 3, Rate of Pay at time of Certification. Pay increases will be 25 per
hour for each of the two- general categories -upon final certification* These pay
increases will automatically go into effect upon completion of either categories and
up in approval received by the City of Fairfax, Iowa from Police Academy and or,
the State Department of Health,
Section4fi. Training and. fees paid, The City will pay the necessary expenses or
s—att— Academyat Cedar Rapids and the State Department
registration fee to end I
of Health School at Manchester, Iowa. Atravel allowance will be paid by the City for
attending classes at a rate of 1 per mile when authorized by Mayor.
Section 5.. Use of Privite Vehicle. Mr Poorbaugh will be paid a rate of 250
per mile for the use of his car, as a "patrol. car" while only on Datrol duty in the
City Limits of Fairfax or out side the city limits if in pursuit of an offender,
A flat rate of $2,00 per week will be paid for the use of his car or truck in the
Water and Sewer Dept work,
Section 5 A. Insurance coverage on private truck or car is to be Mr Poorbaugh"s
rrspon�sibjljty, City of Fairfax a-ssur-es no liability on said vehicles mentioned in
this ciontract owned and operated by Mr Poorbaugh
Section 6. Equipment. Mr Poorbaugh agrees to supply 2 way radio com-unications
at his expense. He—will also supply his own uniforms while on duty as a Law Enforcement
officer,,, If Radar is ever needed or neeassary the cost of that equipment. will be
paid by the city.
Section 7. Vacation. Mr Poorbaugh will be eligible for one week paid vacation
upon completion of one yearscontinous service effective on the first anniversary
date of this signed contract. Be will be eligible for two weeks annual vacation
after completing 3 years service.
Section 8. Holidays. Although. it may be necessary for Mr Poorbaugh to work
certain recogtaized holidays, he will be eligible for 5 — 8hour days per year as
Holidays. They may be taken at his descrection with permission from the Mayor.
Section 9. Wages during training. During training at the Cedar Rapids
Police Academy, it 1_—s agreed that Mr Peorbaugh will attend classes during the
day, kepp up his routine work in the Water and Wastewater Departments and provide
a mini mum. of 8 hours per week of Police Duty at night for a flat $150.00 per
teek waged in lieu of the rate of pay referred to in section 1.
Section 10. Insurance, In addition to Work ens Comp, and IRER's the City of
7airfax will pay i—j-f—the premium for the Blue Cross, Blue Shield 80/20 plan.
TOWN OF FAIRFAX
FAIRFAX. IOWA 52228
- page 2
Section 11. In consideltion for the expense to the City of Fairfax for all the
necessary training in Law Enforcement, Water and Wastewater to be certified,
Mr Poorbaugh agrees to continue work for the City of Fairfax a minimum of two
years providing his work is sKisfa sat ory to the Mayor and City Council. A 60 day
notice of termination must be given by either parties of this contract,
Section 12. It is recognized that the terms of this agreement may be incomplete
or that conditions may change that require revision. Therefore at the request of
either party this agreemRnt opy he sutj Q to review possible revision at
je a
a regular or special session of the FairEax City Council.
This contract will be come effective upon date of signing by all parties
concerned,
SiZned this dnm of 1973.
James Poorbaugh aspen e; eyor
City of Fairfax, owa
attest:
ell
A-4-
up, Clerk
VIVO il 7t,D.1
II