HomeMy WebLinkAbout03/07/1974 Council Minutes Regular meeting of the Fairfax city Council was held 3/7/74 Mayor Sb;les7eare
presjding� Connellmem j� Stallman, R Stallman, G Stoc,ton, 7 wmastil R Lefebure aresent,
Minutes cf previous meetin; *nproved.
Charles Dvorak attended meeting to ask that more care be tpken in the WiPtarce Ind
cleaning of wpte • tower as his property pets The run off and residue from the w@ter
touQr GcLning crews
Mr Levi & Mr Wy from In Illinois Cos & Elec attended meetiuA One item that WNT
discussed with them 3s the recent raise in natural gns rates. Tbe7 assured Council that
the homes in this are would not be affected by this raise.
increase
Rc-),;p Walker of Prairie Rood Builders attended meeting to advise council Of the
in cost of street repair voteriols and labor, On motion of J Stallman rd R Stallman
City 'cosign a price 9"srartee nggreerent with Prpirle .nod Builders on the conditior.
ybat we are got obligated to have Prairie Road builders On any work for us this yenr�
Carried 4 yea's I Nal�7
Ralph Moessner, Ralph's Sanitption, Amana, Towa Dreseatoll a Me of SZ75 per month
per stop for garbage service. Bill Cann Sanitation Tnc presented 2 bid H 12.50 per
stop per month for garbnge service. Ar Capron stated that tHs price would hold
if the cost of the gate fees at the Inpd fill do not double. On motion of G Stockton
2�rd J Zamantil that City accept the bid of Cannon's SqAtation inc for garbage
pickup effective 4/l/79, Carried,
ordinance amending Chapter 60, Addition of Section 60.09 Probibitin; the Distribution
of Obscene Mater inlv 1st reading accepted on motion of i StallTan 2nd B TRfebure.
Roll Call vote Yells J Stallman, R Stallman, R LaWbure, C Stockton Nny's i 7amnstii Carril
sjotion to dispense with 2nd and I A readings of Arendment to Hanter 60 bj adding
Section 60,09 made by R Stailman 2nd J Wellman. Yen's J Stailmnn, R Stnilman,
R Lefebure, toy's G Stockton L 70mastii. CarrieA
OrWsnce is effective upon rpsting in the three public places so dsignated by Ordinance.
Pending approval from the State Auditor , the M, T Breen Co to do a audit of the
city books for the years 1972 and 1973.
Motiop to pay bills made by R Stallman 2nd C Stockton with the exception of
Waggneers S andblasting. City to pay only $10.00 rental and cost of 3snd.- Rest of
bill to he collected from J Poorbaugh.
Warrants paid 0276 to 0292 Sever 684 & 585 Water 107E to 1086
Muidoor's to be notified that car narked on the wron5 side of the street and being
parted out must be moved orto their property no Inter t as SLt 3/9/71,
Because of conflict in scheduling next regular counciT 7eeting will be held the first
Wednesday of April 4/7X74
Councilmen made awore of the fact that Psirfax has been dasignRted as being Q a
flood arQn, RUp will notify city in the next month whot oblignticne the town must
fulfill so that residence can qualify for purchsFe Of E100d insurance
Short discussion held in reFad to use A treatment of sewerlagoon KfIvent for
fertilizer, voluntee annexation, of property east of City limits , multi dwelling
codes, etc. All tabled for further dicussion. No further business meeting adjourrOd.
Virginia Soukup, Clerk F, L. ShKespeare , Mayor
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ORDINANCE NO.
_ AN ORDINANCE AMENDING CHAPTER 60 OF THE MUNICIPAL
CODE OF FAIRFA , IOWA, PROHIBITING THE DISTRIBUTION
OF OBSCENE MATERIALS, DECLARING 'THE SAME TO BE A
PUBLIC NITISANCE, AND PROVIDING FOR ABATEMENT THEREOF
BE IT ORDAINED by the Council of the City of Fairfax, Iowa:
SECTION I. Purpose. The purpose of this ordinance is to define
obscene material, declare the distribution of the same to be a nuisance,
prohibit the distribution thereof, and to provide for the abatement thereof.
SECTION 2. There is hereby added to Chapter.60 Nuisances of the
Municipal Code of Fairfax, Iowa, a new Section 60. 09, "Distribution of
Obscene Material Prohibited, „ said section being as follows:
SECTION 6o. 0' OBSCENE MATERIAL PROHIBITED.
(a) Distribution of Obscene Material Prohibited. The
distribution of obscene material is declared to be a public
nuisance, and is hereby prohibited.
(b) Definitions:
"Distribution" means to sell, lease, or exhibit
commercially, and in the case of an exhibition, to sell an
admission ticket or pass, or to admit persons who have
bought a ticket or pass to the premises whereon an exhibition
is presented.
"Explicit Sexual Material" means any pictorial or three
dimensional material including, but not limited to, .books,
magazines, films, photographs, motion pictures and statuary,
which is made up in whole or in part of depictions or descriptions
of actual or simulated human sexual intercourse, masturbation,,
sodomy (i. e. , bestiality or oral or anal intercourse), direct
physical stimulation of unclothed genitals, or flagellation or
torture in the context of a sexual relationship, . or which em-
phasizes the depiction of uncovered adult human genitals.
"Obscene Material" is explicit sexual materials which
includes all three requirements of obscenity as set out in
Paragraph (c) hereinafter.
(c) Requirements of Obscenity. :explicit sexual material
shall be considered obscene within the meaning of this Section
when the trier of fact finds as follows:
(1) That the average person applying the contemporary
community standards of Fairfax, Iowa, would find that taken
as a whole, the explicit sexual material appeals to the prurient
interest.
(2) That the material depicts or describes in a patently
offensive way, explicit sexual material as herein defined.
(3') That the explicit sexual material, taken as a whole,
lacks serious literary, artistic, political or scientific value.
(d) Enforcement. Whenever explicit sexual material is being
or is about to be distributed in violation of this Ordinance, -which
material the City Council believes to be obscene, the Council may
authorize a civil_ action to be commenced against the distributor of
the material, the owner or lessee of the premises upon which the
threatened or actual distribution takes place, and the employees of
such persons, to prohibit the distribution of such obscene material
as a public nuisance. Such civil action shall be for a declaratory
judgment and injunction under the Iowa Rules of Civil Procedure,
The civil action for declaratory judgment and injunction herein
provided for shall be the exclusive remedy of the City against the
distribution of material alleged to be obscene, and the standard
misdemeanor penalty provisions of Section 10. 06 and the provisions
of Sections 60. 0 , 60. 03, 60. 04, 60. 06, 60. 06, 60. 07, and 60. 08 of
the Municipal Coda: of Fairfax, Iowa, regarding abatement and
definition of nuisances shall not apply to actions to enjoin nuisances
commenced under this section.
SECTION 3. All ordinances and parts of ordinances in conflict here-
with are hereby repealed.
SECTION 4. Saving Clause. If any section, provision or part of this
ordinance shall be adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole or any section, provision,
or part thereof not adjudged invalid or unconstitutional.
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SECTION 5. This ordinance shall be in full force and effect from
and after its passage, approval and publication as provided by law.
Adopted and passed this day of 1974,
and approved the same date.
Imo. Sha speare, Makor
`ATTEST:
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Virg�'�. a Soukup, City ClerkU
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STATE OF IOWA
County of Linn S
I, J. F. HLADKY, JR., being dully sworn on my oath, do say, that 1 am
publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued daily and printed at Cedar Rapids,
ctti r� Pkpc rafrx s
cRr , in said County of Linn; that the Notice of which the annexed printed
qupdJlff4' CneaW [7f Faf, lty
sriearaip d .esidirfg C6uFic man Jvtalthtataii
f� S�aftaraft _ sru copy taken from the printed file's of said Newspaper is a copy, was in-
aria amt Present
Mr-Lao &�'Mr`dCox frarii4lpwar[j€fiwls
a . at#;eridafk:rrzeef[nq. One'ftetn dis- serted and published in said newspaper in the issues of -------------
c ssre p.5 it eWsd irk riatorar
s CGSt fskTt'CGWtChf tNas assui'ert fhat thi�
:raj.,ai9t fztf arteCt jcrnowrCe in ibis ..
------...------ --------------------------------
a�i=a
Cues. Vaifatz attended fne&NR4 to ask
hO' in tae R€afntee.
nancaattd.cznnngdf4wafar4ower. . ------------------------------°—'----
€bav i atCCar of Pratria toad,EYUilders --------------------------
€vjc March 13 � ��
osriidars an t eccndi on 2j e. a Write
acltisea8.osluti of an¢rease cost'
gaarantec a rcemenl:wlth Prairie Raad ----------------------------„_,__------------T_----A. D., I.9___—_
e. are not:';
ablui s r fo,hava env work done: � ®
8icts received from Ralph's ,5amiatlan
e Avnana.and Sill cannon Saritatlon: and the reasonable fee for publishing sal
i c. of io,nva CEtM fpr�a coniract for garc
b.a4e pICKU.p in ai.rfax. Contract awarded'
to luau biddLr Canfi.im sanitation atfeeiive;' `---
Aprill t, 19d -----------------......_--------------- —
rirst readin of Ordinance amendia2
Chapter va4`prohibifing`tree ld Code.uji Fair.
med J. F. HLADKY, Jr., in my presence, and him sworn to b o e'. me at
ti�atmane,tend B:. Lefeburee Carried bn roU call:` C � h.
ab ove:sar an deb staff- Cedar Rapids, Linn County, Iowa, on this -------------------,— day
reodlnl s,to;Arnehdin 1'
L.eietunrre a i s ocgt aftcha Ind 6o ar,a:��'- ---------------March--------------A. D., 19-14--
-addfm secfion M09 fb code made bu R.
5falRbmarq.2nd.! Stallman carried on roll
Ca f+.rota Yeas J Stallman, R Stal[Man, : Given under my hand and Notarial Seal.td
rQ cRtf+books cr the Y ors 1g72Wau J
R Lafetrure Naga G Sto
a nastnfi j” s
fate Audi-
f(
n asldrr of -------------- 1-
h,�ecane e:or confflct in schedu[nq�jhe l ary Public in and fo inn County, Iowa
n'"t rerauiar council rneeting will he held
the Furst wed of Rpril';4 14 -
L'Qucnclimen eriage :award of:the fact
rh ff airfaz has treet designated by tha e _ —____-- �9__
federal oaveenment as bein4 In a flood; ------------------------- — -----_
area, RU01will no1'Pfv'the city in the next?:
rrd innfrin a. $ iZETTE CO.,
w ?4:� ,tusefanfitream entu fs vrage I oon' y----
MW months what obligations the town THE
..-Ff;UW as feri1Flier. volunreer annexe-<;...
e
on,fti i-dweftansF,wades
dulls app aVtd
to fu"iUCtGCiAat Finance pf€icers 10.46 -
hatf ParFOtt I2.bf
jd s Plumbing 15.04,:
'u?9 ord LUrn, 4,X{1::
Kacana co 15.56.:'.
R. S1alBmart I3,61'.:.
rran9ts Akd 38:.74
Scoff 6flict:end Aft y " 148,?6;.
Sautfrr Sloria Telephone 28;42::
Ed IReld Cu: ii®:25:
i. PDorbauqh 155.42:
JC Pacrbaysfh 53:56
R�ietrfh a�tL'T: 2:04'.
-Kalif ,Moessner 41666-:1
�C. P_ r-7azetfe 24,18:
g6Uth SVOpe
: u. StlaYtesi3.eara 47af3:-
Oelrfke Check 7Sa:
:/!eVuin t(Vbasa
`€}'. Shak6p0re 4T42:
&_ winiMnaY` ' 61411; .
A_ Vt. Svirnidt Transfer 2,00
lZU11V PfurnbTry J . 2;80';
44iargeCneecs Sancl.Blastfng 15.25:..
W,y. GraBnVeC -
No frurfher b4skness,meeting ediovned:'
. H L M
::ShakeveeYen ayor.
Vfrciinii Saukup, Clerk