HomeMy WebLinkAbout05/03/1988 Council Minutes t
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REGULAR CITY COUNCIL MEETING 5/3/88 7:00 PM FAIRFAX CITY HALL
TENTATIVE AGENDA:
1. Approval of Agenda, Budget report & Financial report.
?. Correspondence in regard to date of resignation from City Council by Ken Barnell.
3. Appointment of Ken Quillin to City Council to fill vacancy.
4. Appointment of Russ Carver, Fire Chief and Ray J. Zamastil as Ass' t Chief
S. Reading of Ordinance #145, "Granting a Franchise to Iowa Ill Gas''
6- Discussion with possible action in regard to Comprehensive Plan. P & Z minutes.
Discussion with action on quotes received for mowing of city property.
A. Discussion with action in regard to contract with Linn. County to do bridge inspections
Discussion with possible action on contract to do sewer cleaning, 1'Ving & Grouting.
10, Discussion with possible action on request of Area Chamber in regard to the
participation of Fairfax in the Priority One Economic Development. program
11 Discussion in regard to drainage problem at Highway 351 and Chur"h St.
12. Discussion in regard to use of park property and Dept of Natural Resources input
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3. Discussion with possible action in regard to request for private water line
o run. on Quarry street right-of-way.
14. Discussion with possible action in regard to citizens desiring to cut trees on
RR property.
15.. Discussion with possible action on request by Ray Davis to place fence across j
city property.
16. Discussion with possible action in regard to locating a garbage cart at park.
17. Discussion in regard to Clean-tip days, cars on private property without current
license plates, dumping of oil etc in South ditch of Linn Street.
3. Discussion with possible action in regard to storm sewer project. Update of
storm sewer project, lagoon project, & Library project.
9. Discussion with action on Resolution 5388-Setting of salaries for F/Y 88--89
20. Approval of bills present for payTont.
21, Opportunity for Citizens not on the agenda to address the Council.
22. Adjournment.
Fairfax City Council Special meeting was held 4/9/ 88 at 8 : OOAM
Mayor Peters presiding;: Council present , Banell , Bullock, Cerveny,,
Nading & Svoboda.
Agenda approved as posted.
Further discussion held on contract to TV, Clean & Grout sewer lines .
Quotes to be received from companies interviewed at Regular council
meeting held 4/7/88 .
Discussion held in regard to the naming of a committee to collect
written and oral history of Fairfax. Mayor to contact several people
in this regard
Discussion held in regard to different parcels of ground that would
be large enough to build a Library on. Further discussion will be held
on this item at May meeting
On motion of Nading, 2nd Svoboda, City to purchase 6 ' John Deer mower
with chain shieldsfrom Sindt Implement , Keystone for $1 , 771 . 00 .
Carried all voting aye .
On motion of Cerveny, 2nd Svoboda, Mayor Peters to sign letter of
intent to secure an easement across land owned by Iowa Land Buidling
for the purpose of extenting the Storm sewer directly east to Prairie
Creek. Carried. All voting aye .
Agenda item 7 tabled until June meeting.
Discussion held on Payroll resolution. Resolution to be placed on
j May 5th regular council meeting after certain changes have been
made, on motion of Svoboda, 2nd Nading . Carried .
City Clerk to place notice at Postoffice, Bank, Library & Fire
Station in regard to hiring someone to do the mowing of grass on certain
city property.
No further business meeting adjoured at 10 : 45AM on motion of Nading
2nd Cerveny. Carried .,
Virginia Soukup, City Clerk Charles M. Peters, Mayor
Fairfax City Council met in Regular session on 5/3/ 88 . Mayor Peters
call meeting to order at 7 : OOPM. Council present, Bullock, Cerveny,
Nading, Absent Svoboda.
Agenda approved as posted and minutes of previous meeting approved
on motion of Cerveny, 2nd Nading. Carried..
Budget report & financial statement received and placed on file.
Receipts to be account for as follows : General. Account, $18 , 433. 30
BUT'' Fund $2 , 147 . 22 , Library T&A 438 . 28, Water Dept 7 , 016. 12 , Sewer
Dept $3 , 512 . 13 .
On motion of Nading, 2nd Cerveny that letter received from Ken Barnell
changing the date of his resignation from the Council from May 4th to
April 29th be accepted by Council . Carried, All voting aye .
On motion of Cerveny 2nd Bullock, Ken Quillin appointed to fill
vacancy on Council . Carried . All voting aye. Ken Quillin then
signed oath of office .
On motion of Cerveny, 2nd Nading, Russ Carver appointed Fire Chief
and Ray J. Zamastil appointed Asst Chief . Carried All voting Aye .
Representatives from Iowa Ill Gas Company present to explain the
Franchise Election that will be held in September, and petition to pass Ord 145.
Ordinance 145 "GRANTING TO IOWA-ILLINOIS GAS & ELECTRIC CO A
25 YEAR FRANCHISE" . Was presented and read the first time . Cerveny
moved the aproval of the Ordinance on its first reading and the the
rules be suspended and the Ordinance be placed on its second and third
reading by its title . 2nd Nading.
Ordinance was then read the 2nd and 3rd time by its title . Cerveny E
moved the adoption of Ordinance as read. 2nd Bullock. Carried.
Voting Aye Bullock, Cerveny, Nading & Quillin, Nay none . Absent Svoboda
Mayor Peters declared Ordinance 145 adopted and in effect as per
publication requirements .
Paul Evans , East Central Iowa Council of Goverments and Gary Stockton,
Chairman, P & Z committee presented ECICG Scope of Services to
design and put into place a Comprehensive Plan for Fairfax. After,
discussion the motion to accept their plan for a cost of approximately
$3, 0168. 00 made by Cerveny, 2nd Quillin. Carried . Voting Aye , Cerveny,
Bullock, Quillin, Voting No, Nading. Absent Svoboda .
Mr Ray Davis , discussed with Council his request to put a picket
fence along his front yard and continuning across City property that
the City 2nd well is located. On motion of Nading , 2nd Cerveny, that
permission be granted but that the fence on City property must have
two eight foot moveable sections and that a hold harmless release be
signed my Mr. Davis , City attorney to draw up the agreement . Carried .
All voting Aye
2 quotes were received for the mowing of city property. On motion
of Cerveny 2nd Bullock, Contract we given to Chris Burger for price
of $1 , 550 . 00 . Carried. All voting Aye .
On motion of Cerveny 2nd Bullock , City to sign contract with Linn County
to inspect the bridge on Cemetery Road West for $150 . 00 . Carried . All
voting Aye
Two quotes were received for cleaning, TVig and grouting Sewer mains .
On motion of Nading, 2nd Cerveny, "Pete" Howell Sanitation of Spencer, Ia
be awarded the contract. Carried. All voting Aye . Carried.
Request from Area Chamber that Fairfax participate in the Priority ONe
Economic Development program. On Motion of Cerveny, 2nd Bullock,
City Clerk to inform them that at this time the City is not interested
in joining their group . Carried. All voting aye.
City Clerk advised Council that the correspondence and maps in regard
to a drainage problem at Church St & Highway 1.51 has been referred to
the Design department of Iowa DOT.
The Dept of Natural Resources advised Council that nothing could be put
in the park except outdoor recreational items .
(din motion of Nading, 2nd Cerveny, Harold Shakespeare given permission
to run a house service water line along the North side of Quarry Drive
and under Park steeet to the Water main. Carried. All voting Aye .
Building pemit for Harold Shakespeare was approved on motion of Cerveny,
2nd Quillin. Carried. All voting aye .
On motion of Cerveny 2nd Nading that a 1, yard refuse cart be placed at
th Park Pavilion and that Barker Sanitation bill the city the monthly cost .
Carried. All voting aye.
On motion of Cerveny 2nd Nading change order- on Weber Const ( storm
sewer project) be approved and their billing of $54 , 767 . 65 also be
approved. Carried . All voting Aye.
Councilmen Nading ask to be excused from meeting at 10 : 00 PM.
Resolution 5388 "Setting salaries for F/Y 88-89" approved on motion
of Bullock, 2nd Cerveny. Carried . All voting Aye.
On motion of Cerveny, 2nd Quillin bills presented for payment approved .
Carried. All voting Aye .
Motion to adjourn made at 10 : 30 PM by Bullock, 2nd Cerveny. Carried,
All voting Aye .
Virginia Soukup, City Clerk Charles M. Peters , Mayor
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418 Front Street
Fairfax, IA 52228
March 31, 1988
To Mayor C. Peters
and
City of Fairfax Council Members
After much consideration, it is with regret that I
respectflly ask the City of Fairfax to accept my resignation
and relieve me from present council member capacity, effective
90 4,9 1988, rue to unforseen personal schedule conflicts.
As of April 111, 1986 will be pursuing a career change
opportunity. This now position will unfortunately affect my
availability for city council meetings and functions.
It has been a pleasure to serve with each of you. Thank you
for your consideration.
Sincerely,
Ken Barnell
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General. Accounts :
IMFOA 45. 00 Airport Milton 111, 28
Cash Management workshop 1.5 . 00 Postmaster - 156 . 00
CTT Assoc (FD) 100 . 00 South Slope Tele 101 . 94
Fica G Fed w/h 815 . 21 Iowa Elec 581 . 36
Ipers 273 . 21 Hawkeye. Fire 121 . 00
State w/h 97 . 00 C R Gazette 88 .100
Landfill fee (CR) 265 . 18 HelenHunter Books 345 . 97
Barker Sanitation 1 , 269 . 00 Chelsea House Publ 19 . 30
Sankots Garage 119 . 50 National Literary 342 . 06
REC 16 . 20 Media Source 82 . 90
Four Season Florist 2',0 . 80 Baker & Taylor 19 . 94
Ebys Sporting 104. 50 Upstart 56 . 54
Alexis Fire 123 . 45 Sherman Specialty 50 . 49
BlueCross 167 . 52 Office Enterprises 14 . 69
Ed !M-Feld- Equip 7'6 . 50 Iowa Ill Gas 42 . 191
Salaries 1, 765 . 54 ECR Library 3 . 56
C R Library 87 . 73
RUT Account
South Slope 4. 60 .Iowa Elec 38 . 90
Zebs Oil 140. 92 Phillips 66 53 . 65
Fluid System 53 . 33
Water Dept ---------
Iowa Ill Gas 23. 24 Fed w/h & Fica 141 . 11
Iowa Elec 152 . 59 Ipers 40 . 56
Hygenic Lab 66 . 00 State w/h 20 . 31
Schimberg ;Co 244. 63 Salaries 213 . 68
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Sewer Dept :
South -:Slope Tele 78 . 85 Fed. w/h & Fica 398 . 1.0
Iowa Flec 131. 65 Ipers 119 ., 36
Fairfax Grain 97 . 96 State w/h 54 . 79
Payless Cashway 92 . 71 Salaries 699 . 16
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Capital Projects :
Schmitt Cons 187 . 50 Belin Harris Helmick 3 , 205 . 48
Selzer Const 3 . 078 . 20 Hall & Hall Engr 2 , 609 . 19
Weber Bro: Const 54, 767 . 65
To : Mayor Peters
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and
City Council members
RE : RESIGNATION FROM CITY COUNCIL
This is to notify you that I wish to change the
effective date of my".resignation from the Fairfax City
Council .
The effective date of my resignation will be
April 29th instead of May 4, 1988 as stated previously
in my letter to you dated March 31 , 1988 .
S ce e y,
Q, at
_Ken Barnell.
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City
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FAIRFAX, IOWA 52228
OATP OF OFFICE
STATE OF IOWA
UY'r,TP ' OF LINF )SS
(71"n' OF FAIPFAX)
i , —.Kenneth Quil3in _, do solemnly swear that T
will support the Constitution of the United :States and the
Constitution of the State of loc,,a and that I will faithfu.11y
and imp_a •tially, to the best of my ability , discharge all
the d11ties of the office of in the
hourici l__mc�r€�l,wra_
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c,itw of I'airf,x , �)s now or hereaf=ter required by law.
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Subscribers and sworn to before me
this 3rd day' of May
BCity Clerk
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ax, l 52225' 31947460204
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PUBLIC NOTICE
The Fairfax City Council , at their next
regular meeting to be held May..' , 1988 at
7 : OOP ,M. will appoint an individual to
fill a vacancy on the City Council due to
the resignation of a Councilperson .
Citizens of Fairfax have the right , within
fourteen (14 ) days of publication of this
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notice, or within fourteen (14) days after
the appointment is made , which ever is later,
to file a petition calling for a special
election to fill the vacancy .
Further information in this regard may be
obtained from the City Clerks office .
CITY OF FAIRFAX
Virginia Soukup , City= Clerk
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RESOLUTION 5 E_2LS
A RESC,)".,UTION SETTING THE SALARIES FOR APPOINTED OFFICERS AND EMPLOYEES OF
THE CITY OF FAIRFAX FOR THE FISCAL YEAR OF 1988/1989
BE 17' RESOLVED : By the City Ccuncil of Fairfax, Iowa �
SECTION 1 . The following positions named shall be paid the salaries or
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wages indicated and the City Clerk is authorized to issue checks ,
less legally required or authorized deductions from the amounts
set out below, and make such contributions to IPER' s and FICA
or other purposes as required by law or order of the City Council ,
all subject to audit and/or review by the City Council .
POSITION BASE RATE BASIC HOURS
CI','`�, CLERK $9 . 00 per hour M, T, W, F (32 office hours
DEI°DIY CLERIC & 4 hours non-office)
[JAI'E'R BILLING CLERK 5 , 78 per hour 15 to 10 hours' monthly
and/or as needed
LIBRARIAN 6 , 26 per hour Library open.. 20
ASS ' T LIBRARIAN 5 . 75 per hour hours per week
LIBRARY PART TIME 4 . 50 per hour
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CuAI-`ER® SEWER & STREET
SUPERINTENDENT 10 . 73 per Dour 40 hours per week
PART' 'T'IME SKILLED WATER
SEWER HELP 7 . 00 per hour As needed
PART TIME UNSKILLED LABOR 3 . 75 per hour As needed
SFCT'ION 2 = Overtime hours shall be paid for at 112 times the hourly rate
for the job performed . ( Overtime meaning-time over 40 hours per
week) Employees may request compensatory hours within a pay period
in place of overtime . Compensatory hours shall be 1=Z hours for
each hour of overtime .
,FCTION 3 The City shall provide the City Clerk and W&S Superintendent with
Protector 200 BlueCross /Blue Shield Insurance . The City shall be
responsible for the first $500 . 00 ($200 . 00 deductible plus
$300 . 00) for each person covered.
17ECTION 4 $234. 00 per year uniform allowance will be provided for the
W&S Superintendent .
SECTION 5 The City Clerk and W&S Superintendent shall be paid for the
following Holidays : New Years , Memorial Day, July 4 , Labor Day,
Thanksgiving, Christmas , and Good Friday.
SECTION 6 The City Clerk and W&S Superintendent shall be allowed four (4 )
sick days per year. The sick days may be accumulated up to
30 days . They shall be allowed one personal day per year.
Personal days may not be accumulated. Current personal days
that have been accumulated up to June 30 , 1988 are to be
transfered to sick day status . After using five(5 ) consecutive
sick days , at the discretion of the Mayor , a doctors verifi-
cation may be requested .
SECTION 7 The City Clerk shall be allowed 108 hours paid vacation
W & S Superintendent shall be allowed 120 hours paid vacation
Vacations must be taken and can not be accumulated .
Pa.9sed. thisz day of_2 .x , 1988 and approved on same date .
ATTEST-..
City Merk- - C}r4tr-l.es_M. Eater,-Mayor
Vote AYE_ �__ Voting NAY_
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SCOPE OF SERVICES FOR FAIRFAX, IOWA
Comprehensive Plan
This Scope of Services will cover a eight (8) month period
starting June 1, 1988 and ending March 1, 1989.
The East Central Iowa Council of Governments, with the
assistances of the Fairfax Planning and Zoning Commission,
will prepare the Fairfax Comprehensive Plan utilizing 1980
census data, 1984 special census data, windshield surveys
and inventories. The following specified tasks will be
undertaken. (**) Asterisks denote work that could be
preformed by the Fairfax P & Z Commission. The cost savings
t found on the last page.
is broken-cut in the budge
A Population
East Central will develop two different population
projections. Information will be provided that delineates
the population composition by age group and sex. Current
household size and minority population --as defined by the
1980 census-- will be examined.
DI Economic Base.
East Central will provide information on the economic
condition of Fairfax. This section will present retail and
manufacturing figures, employment by type data and county-
wide income level figures.
C Housin
East Central will discuss the housing problems and issues in
Fairfax. Census information will studied to ascertain the
age of the housing stock, the affordability of housing,
and the availability of housing.
** A wind shield survey will be performed which will
indicate; 1) The type of housing, 2) The housing condition,.
and 3) Whether the structure needs to be rehabilitated or
demolished.
D) Land Use
East Central will make recommendations for future land use
by the classification areas as presently inventoried.
A future land use proposal with consideration of existing j
and proposed utility systems, topography and other l
environmental harriers will be developed.
** A wind shield survey will be conducted in which each
parcel of land within the corporate limits of Fairfax is
inventoried. The inventory will breakout current
designation of land uses in the City of Fairfax.
E) Community Facilities & Services
** East Central could provide questionnaires to the Fairfax
Point P & Z Commission in which information will be gathered
on community facilities in Fairfax. Existing survey may be
sufficient)
Information on community facilities and services will be
studied and recommendations made for future physical and
service improvements. Facilities and services to be studied
include: water system, sewer system, sidewalks, school, fire
department, police department, library, post office,
community center, cable television system, telephone system
and gas and electricity.
F) Transportation.
The current transportation network will be reviewed and
recommendations made for future improvements. Additional
areas to be covered include public transportation services
and parking provision.
** All the Street within the corporate limits of Fairfax
will be inventoried. Road width, curb and gutter, right of
way, road construction, road condition will be inventoried..
G) Parks and Recreation Study
East Central will develop a parks and recreation study based
on existing and future land use patterns and the needs
identified by the Planning and Zoning Commission. This will
include a survey of existing recreational facilities and
possible future sites. Following this analysis East Central
will assist in developing a list of recommendations in this
area.
!L--Capital Improvements Plan
Using all the data collected a list of projects with cost
estimates will be provided. In addition, East Central will
provide an analyzed list of the City"s sources of revenues
including tax effort, assessed valuation, and other sources
of income. Projected revenues and expenditures will be
provided.
FAIRFAX COMPREHENSIVE PLAN
Time Estimates for Completion of Work
w/help hrs wo/help
fr. city fr. city
A. Population
1) gather data . . . . . . . . . . 6 hrs 0 hrs 6 hrs
2) analyze data . . . . . . . . . 6 hrs 0 hrs 6 hrs
3) graphs & tables . . . . . . 5 hrs 0 hrs 5 hrs
Sub-total 17 hrs 0 hrs 17 hrs
B. Economic
1) gather data . . . . . . . . . . 6 hrs 0 hrs 6 hrs
2) analyze data . . . . . . . . . 6 hrs 0 hrs 6 hrs
3) graphs & tables . . . . . . 4 hrs 0 hrs 4 hrs
Sub-total . . . . . . . . . . . . . . . 16 hrs 0 hrs 16 hrs
C. Housing
1) gather data . . . . . . . . . . 4 hrs 0 hrs 4 hrs
2) windshield survey . . . . 2 hrs 8 hrs 7 hrs
3) analyze . . . . . . . . . . . . . . 10 hrs 0 hrs 10 hrs
4) graphs, tables, maps. . 4 hrs 0 hrs 3 hrs
Sub-total . . . . . . . . . . . . . . . 20 hrs 8 hrs 24 hrs
D. Land Use
1) Survey . . . . . . . . . . . . . . . 3 hrs 8 hrs 6 hrs
2) Mapping . . . . . . . . . . . . . . 3 hrs 0 hrs 3 hrs
3) Analyze data . . . . . . . . . 15 hrs 0 hrs 15 hrs
Sub--total. . . . . . . . . . . . . . . . 21 hrs 8 hrs 24 hrs
E. Community Facilities and Services
1) gather data . . . . . . . . . . 6 hrs 2 hrs 7 hrs
2) analyze data . . . . . . . . . 10 hrs 0 hrs 10 hrs
3) mapping & tables. . . . . . 3 hrs 0 hrs 3 hrs
Sub-total . . . . . . . . . . . . . . . 19 hrs 2 hrs 20 hrs
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F. Transportation
1) inventory. . . . . . . . . . . . . 3 hrs 12 hrs 10 hrs
2) analyze. . .. .. . . . . . . . . . . . 5 hrs 0 hrs 5 hrs
3) mapping . . . . . . . . . . . . . . 2 hrs 0 hrs 2 hrs
Sub--total . . . . . . . . . . . . . . . 10 hrs 12 hrs 17 hrs
it
G. Parks and Recreation Study
1) gather data.. . . . . . . . . . 1 hr 4 hr 3 hr
2) analyze data. . . . . . . . . 12 hr 0 hr 11 hr
3) mapping. . . . . . . . . . . . . . 2 hr 0 hr 2 hr
Sub-total . . . . . . . . . . . . . . . . 15 hr 4 hr 16 hr
H. Capital Improvements
1) gather data . . . . . . . . . . . . 8 hrs 0 hrs 8 hrs
2) analyze . . . . . . . . . . . . . . . . 8 hrs 0 hrs 8 hrs
Sub-total . . . . . . . . . . . . . . . . 16 hrs 0 hrs 16 hrs
I. Meetings with P & Z
and City Council
10 hrs 0 hrs 10 hrs
Sub-total . . . . . . . . . . . . . . . . 10 hrs 0 hrs 10 hrs
GRAND TOTAL 144 hrs 33 hrs 161 hrs
BUDGET
Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279 $ 309
Planner ($9 . 06 per hr) . . . . . . . . . . . . . . . . 1, 303 1, 457
Secretary (6. 97 per hr) . . . . . . . . . . . . . .. 100 112
Fringe (26% of base) . . . . . . . . . . . . . . . . .. . 364 407
Indirect (45% of base) . . . . . . . . . . . . . . .. .. 631 706
Travel (10/15 trips @ . 205 per mi) . . . . . 41 61
Printing, computer, graphics 350 350
( 90 pgs x 40 copies )
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Totals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3, 068 $3 ,402
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PETITION
''To the City Council of the City of Fairfax, Iowa:
There is submitted herewith a gas franchise ordinance
which we respectfully ask be passed and approved. The existing
franchise ordinance will terminate on August 26 , 1989 . We
request consideration be given to the attached ordinance at
your earliest convenience.
Dated this 2nd day of May 1988 .
Respectfully submitted,
IOWA-ILLINOIS GAS AND ELECTRIC COMPANY
By
President
ORDINANCE NO.
AN ORDINANCE GRANTING TO IOWA-ILLINOIS
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS FOR A PERIOD OF TWENTY-FIVE
YEARS 'THE RIGHT AND FRANCHISE TO ACQUIRE,
ERECT, MAINTAIN AND OPERATE IN THE CITY
OF FAIRFAX, IOWA, A GAS PLANT OR PLANTS
FOR THE PRODUCTION, STORAGE, TRANSMISSION,
DISTRIBUTION, SALE, DELIVERY OR FURNISHING
OF GAS FOR PUBLIC AND PRIVATE USE IN THE
CITY OF FAIRFAX AND ELSEWHERE AND TO USE
THE STREETS, AVENUES, ALLEYS, PUBLIC
GROUNDS AND BRIDGES IN THE' CITY OF FAIRFAX
FOR THE PURPOSE OF LAYING, CONSTRUCTING,
MAINTAINING, REPLACING AND SUBSTITUTING
MAINS, PIPES , CONDUITS AND OTHER FACILITIES
FOR THE TRANSMISSION, DISTRIBUTION, SALE,
DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND
PRIVATE USE IN THE CITY OF FAIRFAX AND
ELSEWHERE
BE IT ENACTED by the City Council of the City of Fairfax , Iowa .
Section 1 . There is hereby granted to Iowa-Illinois Gas
and Electric Company, an Illinois corporation authorized to do
business in the State cf Iowa , hereinafter called the
"Company, " and to its successors and assigns for the period of
25 years from and after the effective date of this ordinance
the right and franchise to acquire, erect, maintain and operate
in the City of Fairfax, Iowa, hereinafter called the "City, a
gas plant or plants for the production, storage, transmission ,
distribution, sale, delivery or furnishing of gas , either
natural or manufactured or mixed natural and manufactured, for
public and private use in the City and elsewhere, and to use
the streets, avenues , alleys and public grounds and bridges in
the City for the purpose of laying, constructing , maintaining,
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replacing and substituting mains , pipes, conduits and other
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facilities for the transmission , distribution, sale, delivery
or furnishing of gas for public and private use in the City and '
elsewhere .
Section 2 .. The rights and privileges hereby granted are
subject to the restrictions and limitations of Chapter 364 of
the Code of Iowa 1987 , and this franchise shall not be
exclusive .
Section 3 . The Company shall have the right to excavate in '
any public street for the purpose of laying, re-laying ,
repairing or extending gas pipes , mains , conduits ,
communication circuits and other facilities provided that the
same shall be so located and maintained as to make no
unnecessary obstructions of any drains or sewers or the flow of
water therefrom,, which have been or may hereafter be located by
authority of the City. The gas pipes, mains , conduits and
other facilities shall be so located and maintained in the
streets, avenues, alleys and public places of the City as to
make no unnecessary obstruction therein to the use thereof' by
the public.
Section 4 .. In making excavations of any streets , avenues ,
alleys and public places for the installation of aas pipes,
conduits or apparatus , the Company shall not unnecessarily
obstruct the use of the streets , and shall replace the surface ,
restoring the original condition as nearly as practicable;, and
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in laying, repairing and replacing mains and pipes , the Company'
shall conform to all reasonable regulations prescribed by the
City to prevent injury to the pavement , streets , alleys and
public places , and the Company shall not unnecessarily
interfere with, injure or change any pavement , water pipes ,
drains or sewers of the City, either public or private.
Section 5 . The Company and its successors and assigns
shall indemnify and hold the City free and harmless from all
claims , liability and damages arising on account of any
negligence and/or other fault of the Company, its successors
and assigns , in the construction, operation and maintenance of
the gas system, and the production, storage , transmission,
sale, delivery and furnishing of gas in the City and elsewhere .
Section 6 . The Company, its successors and assigns , shall
extend its mains and pipes in accordance with rules and
regulations approved by the Iowa State Utilities Board ..
Section 7 . The Company and its successors and assigns so
long as they shall operate under the terms of this franchise
shall furnish, at the rates authorized by the Iowa State
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Utilities Board, such quantities of gas of good quality as the
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City and the inhabitants thereof may reasonably demand;
provided, however , that such undertaking and agreement shall be
subject to such limitations on the use of gas for large-volume
commercial or industrial applications, or for space heating as
may be provided by reasonable rules and regulations placed into
3 .
effect by the Company during any temporary shortage in or
permanent diminution of the supply of natural gas with which
the Company serves the City and its inhabitants .
Section S . The Company is authorized to impose reasonable
terms and conditions upon the furnishing of gas service and
reasonable rules and regulations in the operation and conduct
of its business , including, but not limited to, the requiring
of a reasonable deposit of any consumer as a condition of
furnishing gas to such consumer .
Section 9 . All proper and necessary police regulations
shall be adopted and enforced by the City for the protection of
the pipes , mains , conduits , meters and other apparatus of the
Company, its successors and assigns .
Section 10 . This ordinance and the rights and privileges
herein granted shall not become effective or binding until this ;
ordinance shall have been submitted to and approved by a
majority of the electors of the City voting at the next genera
or municipal election or at a special election called for that
purpose. The cost and expense of the election relating to the
franchise provided for herein shall be paid by the Company.
Section 11 . The Company, its successors and assigns,
within 30 days after the approval of this ordinance by a vote
of the people at the next general or municipal election or at a
special election called for that purpose, shall file in the
4 .
I
office of the clerk of the City its acceptance in writing of E
all the terms and provisions of this ordinance .
Section 12 . Upon the effective date of this ordinance , the;
gas franchise ordinance passed and approved by the City Council',
of the City of Fairfax , Iowa on June 25, 1964 granting a.
franchise to the Company to furnish gas service to the City and
its inhabitants,, is hereby repealed and all other ordinances on
parts of ordinances in conflict herewith are also hereby
repealed .
Section 13 . This ordinance shall become effective upon
passage by the City Council, the approval of the voters as
provided in Section 10 hereof and acceptance by the Company as
provided in Section 11 hereof .
PASSED AND APPROVED this day of 0 _ 1988
CITY OF FAIRF'AX, IOTA f
By f
Mayor
ATTEST
City Clerk
i
I
I
I
5 .
STATE OF IOWA
County of Lind ss'.
��a� � I, J. F. HLADKY, III, being drily sworn on my oath, do say, that I am
1Ctse atr @ax cdS ccsa€nclB<._dt thulr next rdgvfor
.eetan� .��hid �� ty publisher of THE CEDAR RAPIDS GAZETTE, a Newspaper issued
appoint 66 individu ti fo fi]!a uaeer�cu-:��e€as City
Cauncfl due to ffi. resi�nut @un fff o cauac+lnassnrti.
citizentof Fob h� �¢ + a Tl te.ra. s
daily and printed at Cedar Rapids in said County of Linn.° that the
a141 days af pub.i€cafaorA cx£ Y€5� aicj or Wit n
foiUrt 6(14)dtW5€�f4er a€�e faa�€rrtrro-ent os rre �..
specsoutr it wfeo�t�th a'vatq+an ®i,€ � r Notice of which the annexed panted copy, was inserted and pub-
s�ee%cti`.elect"scssi�tsll f#re'vcs�r€rY--,- ,
f arth r inform at€art iie.this reanraa may. h
¢cta dneed from the city derk s office,
�iay=aa ��rf� lished in said newspaper in the issues of. . . . . . . . . . . . . . . . . . . . . . . . .
wllYgivtia SaukuA:Ci$Y Cierac.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�Pr.il. 2.9 . . . . . .A. D.,19 +�8. . . .
and the reasonable fee for publishing said Notice is . . 40,
, . . . . . .
Subscribed by the above named J. F. HLADKY, III, in my presence, and by him sworn to before me at
Cedar Rapids, Linn County, Iowa, on this . . . . . . . I9 n . . . . . . . .day
of . . . . . . . . . . . . . . . . . . . . . . . .4P?il. .A. D., 19.88. .
Given under my hand and Notarial Seal. t
otary Public in for Linn County„Iowa
Received payment for above from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19. . . . .
CEDAR RAPIDS GAZETTE, INC,
By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE OF IOWA
County of Linn
Fear#ax Cttx Council met in;liegular session eat 5E
d6, evlavar Peters salted:meeting to order at
EOancil present. Bullock; Cerveny I J. F. LADY III being dui sworn on Oath, do say, that I am
rPc[ding xtbsent =5vtrbad�a. y¢ �7 �7
'$ezlda- approved a5 Pa3ietl and miriuf6s at : 9 7 9 ',,T ,y
prcerrious meeting approved an motion of Cerveny,
'Se1 4 by Nading Carried publisher of THE CEDAR.. RAPIDS GAZETTE, a Newspaper issued
Biudgef report&f€nartctal statement received and a°
placed qn fife,
Acc u t,to be accounted taros fotloy2r2"General dally and printed at Cedar Rapids, in Said County Of Linn; lilac the
Account,ga8.433.31k RUT >=�ind 52,747.22,Library-
T&A$43828 Wv ter Dept $?Q1612x Sewer Depta
O x512.13 Notice of which the annexed printed copy, was inserted and pub-
On motion trf Nading Seconded by Cervahy,shah
letter-received f*ern Ken Bernell chankilhg the
date af-his resighattan from the Council from : ,,p ,
tarn 4th to votin 299h be aCtepted by CaunciC. lashed In said newspaper in the issues of. . . . . . . . ,
Carried,bit writ' axe.
..On emotion of Cerveny,secailded by Bullock.Kerr::
I11Yn-,appointed: to fill uocarto"un Council..:
Carried.All voting aye. (oh Quitfln-idea signed' . . . » . . . . . . . . , ,
oath art-:office. » , . . . . , . . . . . . . . . . . . . . » • , . . . .
OA motion of Cerveny s Undid by Nading,Russ
Carver appointed:Fire ChietGnd Azov J Zamostffi
oppaintedAsstC.hief Carried a4lvotmgoye. ` . . . » . . " . , , . . . . . _ . . . . .
Represenfatrves tram lowa Ill Goa compony:
present
-:10 explain the Franchise Election that . . • A. D.,19
will be-held in September,and petition to pass. , . . . . . . . . . - » _ , . . CT
Ord,145 Ordinance 14$"GRANTtNG TO IOWA-. ��`y',cy . . • , .
tLL(NOlS GAS &. ELECTK(C CO: :25 YEAR. �-P�'.J
Ff'aANCHlSE`was-presented and reeid the first: and the reasonable fee for...publishing said Notice is $. . . . .. .. . . . . . . . •
ganc. 6. env moved the oaproval of ills Ordi
nonce on its first:r ading and that Elie rotes be:
snasponaFed and the Ordinance be ptatecf an its-
second cod third reading bYJis title.Seconded by
Nadm'ng,
Ordinance was then read the.2nd and 3rd time ov
its title;:Cervonv-moved the adoption of Drdl- '..
nuance as read. Seconded 4V Bul lock.Carrie(G.
'M`otmg Ave Buttock,Cerveny Nading:&autltill ,
NOY none Abmlf 5vaboda': Mayor Peters de- -
stared Elydinanct:T45 adapte�and m etsect as per. LAD III In y presence, olio by �li%n SwOH'n t0 1DfOT° HTIe at
Ipu°k 0&tion requirements. 9 9
Pouf Evans East CentraF Iowa C6a5ndii of
Gavertnriienfsaes Gard Stackran Ghafrman,ic Cedar Rapids, Linn County, Iowa, on this . . » . . . . . �3�' . . „ w . .day
,G comnrherit presented ECtCG Scope i Seiwiees
Ira design and put into plate a Camr rehensive
,iPlarr€or Fairfax.:After diWussaan theirtoH to p
wept their plans far a cast of appr..'oxlmateix':: 0'f . ..A. I985-
8306ttd0.mode bY.CervenY seconded by Quiltiri. . . " ' . . » . . .
or,rie :tFO Ing AYe Cerveny Bullocx 01jillin.
vdtiras Na t€ading Absent Svobodo-
rvrlr h2aY:DOvis,discussed with Council hl. re4uest Given under nay hand and,N�otarlal Seal.
tea puff a Aieket fehee along::his firanl yord and
Cauitiis:f c across.CrfY pretend ihat the nde 2nd
: ^,nxrett is located.Or[:motion of.fdading,seconded by... //�`�\\
CeYVenv;that perp('tasslon begranted but That the
fence an:City prow rtv must:have two eight foot . . . . .
maveable se0fons and that a hold.harmless . . . . . . . .
release':be signed.by Mr.Davis.City attorney to i ota'ry Pu6i�a��;� Linn County',Iowa
draw yip the agreement,Carried,alt voting Aye.
2 quotes were received for:the mowing of elty ��
orofertx On motion of Cerveny,seconded by . . ° . • . . . . . . • . . . . • . . . » • . , . . , . . . . . .
But tock,:51 55 TOG;Ce given(.1 Chris Burger .for A na�� A� �' INC.
of°5155666.Earned,dot voting ave. S1t�rl GAZETTE,rtmoflon of Cerveny seconded by Bullock City
to sign contract with Linrt County to Inspect the
bridael on Cemetery Road. West:. for 8150.04. y 4 . .
C'arrried;::Ali voting aye. S:�
TWO quotes were.::received.for cteaning 7-Virg . . . . . . . . . . . . . . • . . . . .
-and grouting Sewer mains.On oration a4 Na ding;
seconded bx Ceri'ohv Pete-HOwel 5agrtotfon of
SpenceuJA be awdrded the contracf.Carried,A4
vat
Retr g FkYe.
quest from Area ChOMMr that Fairfax parfic-
iipante in the Priority One Economic f7@vel60ment
pYefruMr On mitten of Cerveny, seconded by
Bufllack,Crfyq 013OR to inform them that of this
Unie the CItY is noY interested in (alril their.
aoraap-Curved.All vatfhg dye .:.
City 0Y rk advised;Council that the correspond-
enCe and maps in regard to It droinage probfem
of Church St.&Highway 15T:has been referred to
the Design department of Iowa DOT,;
The Crept of Natural Resources advised Councit
that no:ttnng .coUld l ber Put in the park except
auatdoor.iecreal€""ana iRems. ;:
On motion as Nading, seconded by Cerveny,
HoreldShcskespeore given 7.permission'to run o
-Mouse lervice water line along the Norkh side a!
Quarry,Orive and under,Park street to lhe,Water
amain.Corned.All voting Ave. - -
Building:Permit.for Harold:ShokesPeare was
-: aprura yid On.mo.tfon at Cerveny, semrided by
Quillin.::Corrled.:AlI voting-:dye,
On motion of Cerveny,secondW by-Na ding that a
tt"a 1�ard: refuse :tort be placed at the Pork
PaviBtort and that.:Barker Sanitation bill the city.
the monthiv cost.:Carried, Ali vottn9 aye
`Dan motion of Cerveny, seconded bY. Na
ding.
change:--order. an -Weber Eonst. (storm sewer
Oroiect)ore approved and their billing of 854 767.&5
at so b e oiooroved_:.Corrieck All voting:AyE.
Councilman Nading asked to be excusetl from
meefing at 10-00 PM
Aesotution 5388:"Setting sohries far F/Y°8889"
approved on mptian of.Bullock, seconded by
Cerveny:Carried. Alt votinso ave. _
On irnotir in of Cerveny,seconded by Wllrn bills
Presented for payment approved Carried. All
V0 9 aye
Gerneral::Accoartfs.:: . .
I M FOA 45.00
C,astia Qhagarnentworkshap 1544
:C I T Asset f FD 1 140 44'
F l CA&Fed wf h 815.21,
fP6"IRS.i:: 273.21
State vylh. 97.00-
Londfofl fee(C R) 265.76
Banker Sanitation :.: 1,269.00
Spakots Garage
REIC
Four Season F'torlst 20.84 t
Ebys Sporting - 104.54
AlexisiCe - "...123,45
&ilia CroSS .167.52 -
:.Ed M Feld Equip .76.50
5atar1les ii :: 1,765.54
A6irpar0filfion 111.28.
Pasdamasser - .156.60'
Sourh-Slove Tole . ..:: -°. -101.94 u
ta+rW+a Elec 501.36
H'awk.eye-:Fire
C R Gazette
Heten Hunter Books.. .345.97
�Che'fsea House Publ 19.3'0:
National Literary : 34206
:Media Source .- 8290.:
'B¢ndsep'&Taylor .....-: .................€9.94,t
tlrt[d f�re�qYY is sia4 tnteresYe�la ratnE° 1'f�i'
graup:Cdrrt2a AtP vot`ns aYe.
CtkY CkerkadwPsed�ounGit that Phe carr6spand- -.
'enee aria at&aps iin resort§to 4.drdrnage vrabkem
at Churcx St.8 t-kP7Tswaw i54 has 6ee4 re€erred to
the Rflsis�l departre ent s!f [awe 0 T"
:The Ctept,;of Nr�kura�S tSasaurc€s4dvisad[Cauncrl
that nattctns Coteld Ere pufi fn the parx,excewt
d n mo recreatuNod ifems.
on motion. at Nddiag seconded tan Cer M 1
!Hdraft4 Sfi;4ke WatLry given petthe rob to run d
ihdu5e ser+�,ce vAatr=[sne ofanq the Flarttt side of -
(�EfgrrY GYra'�e atvcd uatzlor saar�street two She ustater ,
main Carrred 4�1[ dtlns AYt.
r 13u(iding ;permtt ffor t#aratd;Shakespeare was
tlpnravec# ari motta+l of GerlenV, secdttdedY
Qurlltn.,Cafiried..Al#vtltins tlXfl
F7n ma§red aRGenrenx,seeande6 bsr Nas4lrts.fhat a
P4lx Yarsi!...r. se cart be placed a;_tFe Park
pav7ran and that Bnrtter SanItafilgn Ytrftahe city
Ahe MOM. cast.Garr,fld. alt voting eve
c5d i�tatiacl of CeryenY seGCrtded bw Nadins
.chtlriae Outer on :WBher Carlst..fstcrril .ewes
pralect}b. approved aria their bollong of 55476765
also he rjppraved,Carried.AI§vatins AYe
CaunciPrnan Nadin.9 asked 7u be excused from
meeting ?W W
ResisPuftGn 5388 affins salaries for F. 9884
S
approved ion rarati n of Buttock �'ffoqd.d t}Y
GervenY.Cer rted, AI#vofins aye
'. Rn rnattdn,Of Cee`enw secorrid6d tSY quPl1tn 6171.':
pre".r�rktegY far payn•renC appFavad CtlFrted i><kP
vatin9 a3!e -
General-FaCCCOwntits - - 4500
PM FOX-. 1s 00
Cash lltdndsement v arksh"4 1O0CiO
C§TAsspc flIfbF 80521
FLGAB<: fldwwJfi 2732
tPERS:r 97.00
Strafe vi/h 26518
Landfill fee(CRt - 1759QO
Barkerarnrfatian ll.q 50
R.E�ats.-.6"aaisasfl 1{20
2080':
l=our Suasion IFnarlst 104,50 Sp4WtTn51 12345
kktxis Frre 16751::
64.de.CsrsS 76 50;
6d 7+d4etd E4aiIP 176554
;
SalareeS 111?9:
Airport;1-tl ltdf, 158OR
VstMas"er §0194_
Sault€sCa�e TflPe 58136
[aura E$ec -- 121 QQ:
HawtceYe lF tre 8@ 00:
. G R G(cZit`t@ 345.47
Helen R'unn'er Backs §9.30
Cktekseati hkcussa PdtaY 34206
Nor%drti7t ILtt�rarY; 82gA
Media Serer cfl l4 44-
Baker&Tawlar 5654
Up5taTt 517.44
Shermean 5pecaatiY T4 9
office ntarprl 5 42
Pa;vtl ttt Gas
-ca t btarcv 87.73
R T A count 460.
Saufta S,lapus
140'92'
2:eb,.fart 5333;
Fluid 5wst em . 38'9.0
lauva C 1p 53,65
Fhtrtt� 6 .`
sAta4fl['Dept -:
f gas
1sas
iaC 6600
.7c-19�at7 - 244.63
sthicrmers Co T4111 .
Feflwj.�h&FMA
I
PER S 2031
S$akfl:eerMte X13$8:
S4 Car.-t4s
Sewer Caelrt 1885
- - ua�£Miec � 9746-
tlrfca GK4an 4271
t#Ykess
N&CaSt .... 398.10
ledu^F ;PICA PC6 - 154 7F
PPS
5fatew th 699,16
S41.asaes ..�...:n ,..
Cap+gaff IPrc(ects 187,50
5c§amtfft Corns r 3.,iY752O
5ePa°ctr Can 1 F; 54.767.65
Weber BraCoslst
120548
. Be7iofFtiarros'HeLmick - 20419
FtaPkBitfaa111 r
M.Ot(an Caadicia rn rn46e:Of 10-3a PM b4 ai let ck.
secarsde#bW GflrvenY.C4arlesdM,?etess9l�eYar
v'1rPwaia Sa4lhC.k3P City Qlerk ..