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HomeMy WebLinkAbout11/13/2001 Council Minutes AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,NOVEMBER 13,2001. FAIR,FAX CITY HALL—7:00 P.M. TENTATIVE AGENDA: DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS: A. Caul to Order B. Approval of: 1. Motion to approve Agenda 2. Place October 9,2401 Council Meeting Minutes on file C. Business I. Cheyann Thunberg—Trees Forever V"rsioning/ISU Grant 2. Ordinance 238 Amending City Ordinance Title VI,Chapter 5, Section 1.07.B.RS: Single-Family Res.Paragraph D 44RS a. PUBLIC HEARING b. Consider motion placing on 1"Reading 3, Ordinance 239 Approve Rezoning of Property Arvin Danielson/Fairfax Greenhouses 555 Southview Rd. a Consider motion placing on I'Reading 4. ''Water Main Replacement Project a. PUBLIC HEARING b. Consider Resolution Adopting Plans&Specifications c_Bid Review d.Consider Resolution Awarding Contract 5. Amending Urban Renewal Plan a. PUBLIC HEARING b. Consider Resolution Amending Urban Renewal Plan c. Ordinance 240 Amending Tax Increment Area d. Consider motion placing on 1"Reading 6. Dean Birchenbriter--Iowa Rural Water 7. Considet Building Permit for Arvin Danielson-Fairfax Greenhouses 8. Deputy Clerk 9. Data Technologies Utility Program/Printer 10. Consider Resolution-Meter Deposit Monies-Transfer from Water Fund to Trust&Agency Fund 11. Discussion on Refunding Meter Deposit Monies 12. Discussion on Water Ordinance 13, Iowa Codification 14. Prairie View Estates--Gordon Sevig a. IA DOT Permit—Access to HWY 151 b. 28E Sanitary Sewer Agreement with the City of Cedar Rapids c. Bonds for Unfinished Approvements d Consider approval of Final Plat—Phase I e. Phase 1—Building Permits t Phase 2 Plan of Improvements 15. American Legion Liquor License 16. Star Bar Liquor License 17. Vernon Cerveny—DOT Grant 18. Consider approval of claims presented for payment including Hall and Hall Engineering$8012.o0 D. Reports 1. Sheriff Department—Cory Stockton 2. Library 3. Fire Department 4. Maintenance Department—Electric Pump Claim E. Dscrussion 1. Opportunity for Citizens not on the Agenda F. Adjourn CITY OF FAIRFAX REGULAR COUNCIL MEETING TUESDAY,NOVEMBER 13,2001 Mayor Voss called the meeting to order at 7:03 p.m.Council members present: Wainwright,Stockton, Scott and Ekstrom. Councilperson absent.:Beer.Also present:Lud Svoboda,Ron Dusil and Dick Ransom. Motion'Stockton,2"d Wainwright approval of Agenda Aye:4;MC Motion Wainwright,2"d Ekstrom approval Min.October 9,2001 Council Meeting Aye:4;MC Cheyarm Thunberg from Trees Forever led discussion on the Visioning/ISU Grant. Vern Cerveny asked the Mayor about forming a committee that would include citizens of Fairfax.Marianne Wainwright and Mary Pacha volunteered to be on the committee. Mayor Voss introduced ORDINANCE 238 Amending City Ordinance Title VI,Chapter 5,Section 1.07.B.RS:Single-Family Residential Paragraph D 44 RS. Mayor Voss declared the Public Hearing opened on ORDINANCE 238 at 7:16 p.m.There being no objectors present. Mayon Voss declared the Public Hearing closed on ORDINANCE 238 at 7:17 p.m. Motion Stockton,2"d Wainwright to approve ORDINANCE 238 Aye:4;MC Motion Stockton,2"d Scott to adopt ORDINANCE 238 to waive 2"d&3`d Readings Roll Call Vote:All Ayes;MC Mayor Voss introduced ORDINANCE 239 Approve Rezoning of Property Arvin Danielson/Fairfax Greenhouses 555 Southview Rd. Mayor Voss declared the Public Hearing opened on ORDINANCE 239 at 7:19 p.m.There being no objectors present. Mayor Voss declared the Public Hearing closed on ORDINANCE 239 at 7:20 p.m. Motion'Stockton,2"d Ekstrom to approve ORDINANCE 239 Aye:4;MC Motion Ekstrom,2"d Stockton to adopt ORDINANCE 239 to waive 2"d&3`d Readings Roll Call Vote:All Ayes;MC Mayor Voss declared the Public Hearing opened on the Water Main Replacement Project at 7:22 p.m.There being no objectors present. Mayor Voss declared the Public Hearing closed on the.Water Main Replacement Project at 7:23 p.m. Motion Wainwright,2"d Ekstrom approve RESOLUTION 01-11-13-1 Adopting Plans&Specifications Roll Call Vote:All Ayes;MC Dick Ransom stated there were 3 bidders for the Water Main Replacement Project.Yordi Excavating received the lowest bid.Hall&Hall. recommended to the Council to award the contract to Yordi Excavating, Motion Wainwright,2"d Scott approve RESOLUTION 01-11-13-2 Awarding Contract to Yordi Excavating subject to filing all necessary papers.Roll Call Vote:All Ayes;MC Deputy Mark Taylor gave the Sheritl's Report. Mayor Voss introduced Amending Urban Renewal Plan stating that the Planning and Zoning Commission approved the proposed change. Mayor Voss declared the Public Hearing opened on the Amending Urban Renewal Plan at 7:33 a.m.'There being no objectors present. Mayor Voss declared the Public Hearing closed on the Amending Urban Renewal Plan at 7:.35 a.m, Motion.Wainwright,2"d Stockton approve RESOLUTION 01-11-13-3 Amending Urban Renewal Plan Roll Call Vote:All Ayes;MC Motion Stockton,2nd Ekstrom to approve ORDINANCE 240 Aye:4;MC Motion Scott,2"1 Stockton to adopt ORDINANCE 240 to waive 2nd&3`d Readings Roll Call Vote:All Ayes;MC Dean Birchenbriter from Iowa Rural Water Association discussed the Wellhead Protection Program. Motion Ekstrom,2"d Stockton to approve a building permit for Arvin Danielson—Fairfax Greenhouses.Aye:4 MC Motion Wainwright,2"d Stockton approval of purchasing a Utility Billing Program from Data Technologies and a HP Laser Printer.Aye:4 MC Carol Niles presented the Library Report. Motion Wainwright,2"d Stockton approve RESOLUTION 01-11-13-4 Meter Deposit Monies—Transfer from Water Fund to Trust& Agency Fund.Roll Call Vote:All Ayes;MC Discussion on refunding meter deposit monies and water ordinance. Motion Ekstrom,2"d Scott approving Iowa Codification for.reeodification of 12 Ordinance books at$$000,00 Aye:4;MC Dick Ransom led discussion on Prairie View Estates.Discussion was on IA DOT Permit and 28E Agreement. Gordon Sevig has provided a letter of credit for S330,000 for paving of the streets in Phase L Motion Stockton,2"d Ekstrom approve RESOLUTION 01-11-13-5 Letter of Credit Roll Call Vote:All Ayes;MC Motion Stockton,2"d Ekstrom approve RESOLI:UTION 01-11-13-6 Approval of Final Plat Prairie View Estates—Phase 1 Roll Call Vote: All Ayes.;MC Motion'Stockton,2"d Wainwright to have City Clerk hold Resolution 01-11-13-6 until 28E Agreement is approved and signed.Ayer 4;MC Motion.Ekstrom, 2"d Stockton to allow Gordon'Sevig Bldg. Permits for Phase 1 —Prairie View Estates. Foundations can be dug without paving,the streets.Gordon will plow the streets.Fire Chief Sankot is ok with this.Aye:4;MC Discussion on Phase 2—Plan of Improvements for Prairie View Estates. Motion Wainwright,2"6 Scott approval of American Legion Liquor License.Aye:4;MC Discussion on Star Bar, Vernon Cerveny discussed the DOT Grant.Thee tree planting from this Grant will be on Bluff Street&Highland Avenue. There will be 2 years of planting trees in Fairfax Heights.Forty trees will be planted on City property. Maintenance Report given by Lud and Ron.Discussion on Electric Pump bill.It was agreed to pay the bill. Motion Stockton,2"d Ekstrom approval of claims presented for payment.Aye:4;MC No Fire Dcpartment Report given. Motion Stockton,2"d Ekstrom to appoint Nancy Flickinger as Deputy City Clerk. Motion Stockton,2nd Ekstrom to adjourn meeting at 9:50 p.m.Aye:4;MC 4 3 Bill.Voss,Mayor Mary^Pacha,City Clerk Fram: ,rv1n Danielson To:Mary Pachn Date:11/912001 Time:(3:16:14 W Page 2 o12 IFairtax Greenhouses P.O.Box 159 585 Southview Rd.' Fairfax, A 52228 Phone: (319)646-2260 Fax: (319)848.4198 November 9, 2001 City of Fairfax 525 Vanderbuilt Street Fairfax 1A 52228 Subject: Rezoning of Fairfax Greenhouses To Whom It May Concern, I would Iike to request that the property owned by Arvin Danielson and dba Fairfax Greenhouses. Co. , 555 Soulbview Rd,Fairfax, IA 52228 described as Lot—2 Bailey's First Addition to Fairfax be rezoned from 44-RS to C2. The purpose is to expand the garden center retail area, Sincerely, C41 Arvin Danielson Vice President Fairfax Greenhouses,Co. RECOMMENDATION 01-11-1.2 RECOMMENDATION APPROVING REZONING WHEREAS,ARVIN DANIELSON,OWNER OF FAIRFAX GREENHOUSES, submitted an application to rezone from 44-RS to C2.Legal description of property is as follows: Lot-2,Bailey's First Addition to Fairfax,Iowa, subject to easements,covenants and restrictions of record. Has been filed with the City Planning and Zoning Connnision,Fairfax, Iowa,and after consideration,the same is found to be correct and in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa. WHEREAS,the City Planning and Zoning Commission,Fairfax,Iowa,has RECOMMENDED APPROVAL OF THE REZONING APPLICATION REQUEST FOR ARVIN DANIELSON, FAIRF'AX GREENHOUSES, NOW THEREFORE,be it resolved by the City Planning and Zoning Commission of the City of Fairfax, Iowa,that said rezoning application request for Arvin Danielson, Fairfax Greenhouses, be and the same is hereby acknowledged and approved on the part of-the City Planning and Zoning Commission, and this Commission hereby recommends to the City Council the acceptance of the same,and the chairman is hereby authorized and directed to certify this recommendation of approval and affix the same to said amendment as by law provided. Passed this day of r )& ,42001. Chairman ATTEST; 4 Pa4 n c , City Clerk ORDINANCE 238 AN ORDINANCE AMENDING TITLE VI,CHAPTER 5,SECTION 1.07.B., RS: SINGLE-FAMILY RESIDENTIAL,PARAGRAPH D„OF THE CITY CODE OF FAIRFAX,IOWA BE IT ORDAINED BY THE CITY COUNCIL OF FAIRI+AX,IOWA Section 1.Purpose.The purpose of this ordinance is to amend Title VI,Chapter 5, Section 1.07.B.;Paragraph D of the City Code of Fairfax,Iowa. Section 2. Section 1.07.B.,, RS: Single-Family Residential, Paragraph D of Title VI, Chapter 5, City Code of Fairfax,is hereby amended by the following: Balk Regulations:44 RS Min.Lot Area 43,560 sq.ft.,Min Lot Width 150 sq.ft. Section 3.All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4.Severability. If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect he validity of the orda"nmce as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5_ This ordinance shall be in full force and effect from and after passage, approval and publication as provided by law. Adopted the day of X2001,and approved on the same date. Bill Voss,Mayor ATTEST: Pacl ,C ty C erk CLERK'S CERTIFICATE:I hereby certify that the foregoing was posted as Ordinance No.238 on the day of Ak vwlhjc�"2001. b Pac City Clerk ORDINANCE NO. 239 APPROVE REZONING OF PROPERTY LOCATED AT 555 SOUTHVIEW ROAD Section 1.BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA,to approve rezoning from 44-RS (Single-Family Residential)to C2 (Highway Commercial)for the following described property: Lot-2, Bailey's First Addition to Fairfax,Iowa subject to easements, covenants and restrictions.of record. Section 2.All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3.This ordinance shall be in full force and effect from and after is passage, approval, and posting as provided by law. Introduced this j' day of November,2001 and approved this 13-day of November,2001. Dill Voss, Mayor ATTEST: /Zz, C1 rk I certify that the precedin i a true and correct copy of Ordinance No.239 passed by the City Council of Fairfax,Iowa, and was posted on the day ofNovember,2001 as required by law. ary cha,City Clerk RESOLUTION NO. I City Council RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST 2001 WATER MAIN REPLACEMENT P''ROJECT WHEREAS, on the 9th day of October, 2001, plans, specifications, form of contract and estimate of cost for the 2001 Water Main Replacement Project were filed with the clerk of Fairfax, Iowa, and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimate of cost was published as required by law; NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OIF FAIIIRFAX, IOWA, that said plans, specifications, form of contract and estimate of cost are hereby approved as the plans, specifications, form of contract and estimate of cost for said imlprovements for said project. PASSED AND APPROVED this day of 'P el- , 2001. NAY: ABSENT: X William Voss, Mayor ATTEST: .. a Pac� a, City Clerk RESOLUTION NO. r City Council RESOLUTION APPROVING AND MAKING AWARD OF CONTRACT 2001 WATER MAIN REPLACEMENT PROJECT BE IIT RESOLVED BY THE CITY COUNCIL OF THE CITY" OF FAIRFAX, IOWA, that this bid l of Yordi Excavating, Inc.. of (North Liberty, Iowa in the amount of $133,341.00 for the construction of the 2001 Water Main Replacement Project, described in the plans and specifications heretofore adopted by this Council after publiic hearing, be and is hereby accepted, as the lowest responsible bid received, and a contract is hereby awarded. The contractor is hereby instructed to promptly execute the construction contract and return the same to the Mayor along with all the supporting documents required therein, including surety bond covering work to be (performed and proof of satisfactory insurance coverage. That the Mayor, with the assistance of the City Engineer-is tlhereafter directed. to examine the contract for proper execution and all supporting documents, including surety bond and proof of insurance coverage to determine satisfactory compliance with contract specifications. If all documents are in order the Mayor shall approve the same in writing and place written approval on file in the office of the City Clerk. That the Mayor and City Clerk are hereby authorized and directed to execute the contract for and on behalf of the City and upon execution the contract shall be in full force and effect. Passed and approved this_ day of 1V0Y_e • "' , 2001. AYE: 5iv( AY: ABSENT: William Voss,TMayor ATTEST: �_AWA- od" MairytPacqa, City Clerk AMENDMENT NO. 1 URBAN RENEWAL PLAN FAIRFAX URBAN RENEWAL AREA November,2.001 The Urban Renewal Plan for the Fairfax Urban Renewal Area„ originally adopted in 1998, is being amended to increase the size of the original district. The area which is being added to the Urban Renewal Area is described in Exhibit A and illustrated in Exhibit B. The "base valuation" or "frozen base" of the original district was the taxable valuation in place as of January 1, 1997. If the proposed ordinance covering this Amendment No. 1 is adopted during calendar year 2001, and if debt payable from incremental taxes is certified to the County Auditor by December 1, 2001, the area being added to the district as a result of this amendment will have a"frozen base"as of the January 1,2000 valuation date. With the adoption of this plan amendment, the City of Fairfax will designate the area being added as an economic development area that is appropriate for the promotion of residential development. The area being added will also become subject to the provisions of the original plan. The following information is provided in accordance with the requirements of Section 403.17 of the Code of Iowa: Outstanding general obligation debt of the City: $1,535,000. Constitutional debt limit of the City: $1„950,000 Proposed debt to be incurred in area to be added to Urban Renewal Area: $250,000 r BOO INS ma 4W wo NE114-SE114. GIEAPHIC SCAA LE 1N FM r / j SBCTSON3•T82N-RBW scAtE t'=300' 8 CEDAR RAPIDS r LINN COUNTY BEVERLY ROAD _ ^' � I RICIITaFwnv� - � SOUTH RIGHT OF WAY LINL'IJF BEVERLY RUAU SOUTHERLY RIGHT OF WAY L[NEGFUSNIONWAYNk31 SECTION 3 T82N-R3W 31.4 AC... SCIAWARTL, I \ \ / in1CMIM98RLY 1.135 AC. 11 NQ F , PART OFSWI14-SEI14 4 MILLV, I „ SECTTON 3-T82N-RSW DENNIS J, EISLER, �� In,.. dt b�SNAN1111. 3 2 'N.TH A.. ` STRICKLEN,STgAgNLBY lOE , - W -_ - to FAWAX SEV IG,CrQI&DOk41'C» LEGAL OESCRIPTION. - to14EIS4 SECTION ON lO-T8l!N;RBW' _ ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP" 40.6AC, 82 NORTH, RANGE IS VEST OF THE 5TH PRINCIPAL MERIDIAN, LINN COUNTY, IOWA, LYING'SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF U,S, HICHWAY NO, 151 AND LYING SOUTH OF THE SOUTH RIGHT OF WAY OF BEVERLY ROAD AND ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SEcTIoN PRINCALOMERI6 TOWNSHIP 82 NORTH. COUNTY,RANGE 6 WEST OF THE 5TH IOWA P AREAS: TOTAL AREA 54.3 AC. _ - ;21 VOLUNTARY ANNEXATIONs: HEISLER -• 1.9 AC. STR=LER 6.04 AAC, ` f IV ` SEVIG - , sue-TOTAL 79.3 AC. HILLCRSSTROAD PERCENTAGE. OF TOTAL - 94.77. INVOLUNTARY'ANNEXATIONS: SURVEY �.- JC4iWAVTZ 1.05 AC. 57NARRZ -, AC. MILLER - 3.95 PROPOSED CORPORATION LINE SU9-TOTAL - 5.00 AC. _ CENTERUNE - __ SECTION LINE - `.flCENTAGE OF T63AL 5.47. - --- -..-_. 1/4 SECTION LINE 1/4•-1/4 SEC-RON LINE — ,•_, —- EXISTING LOT UNE - ^�(m�1^1..yw1-� EXISTING CORPORATION LINE AS SS EEN£T MAPS, RIGDIMENSIONS F WAY A ACQUISITION PLATS AND ADEEDS OF RECCORD. , �..I TIU. FALL AND HALL EWCANER[RS, INC., CMAR RAPIDS,IDWA Sri'WZ, y- _ a 213N 21T4 STREET N,� a R a ANNEXATION EXHIBIT N t�T�13a-9449 G S,A n O !L€NtlNE0[INCro WIO sUAr£11NC o = s e l� 4 L+ViO EAPE AA ITECNRE O Of o �' a ~� FOR THE CI Y OF FAIRFAX,IOWA SjTE AND jW0)QEYELDPUENT PLANNING o ni rr. '-\"\nq 10/101/QI 111 F.0 515 283 106011 DORSEY & WHITNEY � �t)1112�oo2 Exhibit B AN •r• .. r .. P qAw<' l ^ w qWl♦ , r r I� 1 i �r 1 I J,r lu I + w I 1...__x..111 l { a^ r 51 _ rr w Q l o i 4 ewn tr« t - 1 I t — I r , 1111 f e� t pl I — 19 . l tcwir � 11 r�l r l Un 1 FAMFAX L7RBAN RENEWAL AREA r 3 r 1 r' Fairfax/419915-3/Hold Hrg UR Plan Amd 2001 ADDITION'TO THE FAIRFAX URBAN '-'� Yr LJ ` °'_ � ' RENEWAL AREA DESIGNATION AND PLAN HEARING 419915-3 Fairfax, Iowa November 13,2001 The City Council of the City of Fairfax, Iowa, met on November 13, 2001, at 7:00 o''clock, p.m., at the City Hall, in the City for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan amendment. The Mayor presided and the roll being called the following members of the Council were present and absent: Present: WD h 1 Sc,C) Absent; IQ'e f _ The Council investigated and found that notice of the intention of the City Council to conduct a public hearing on the designation of the 2001 Addition to the Fairfax Urban Renewal Area and on an urban renewal plan amendment had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. All written objections, statements, and evidence heretofore filed were reported to the Council, and all oral objections, statements, and all other exhibits presented were considered. The following named persons presented oral objections, statements, or evidence as Summarized below; filed written objections or statements, copies of which are attached hereto; or presented other exhibits, copies of which are attached hereto: (Here Iist all persons presenting written or oral statements or evidence and summarize each presentation) 1 DORSEY&a W11ITNE Y LLP,ATTORNEYS,DES MOINES,IOWA P'airfaxf419915-3fFlold Hrg UR Plan Amd There being no further objections, comments, or evidence offered, the Mayor announced the hearing closed. Council Member moved the adoption of a resolution entitled "'A resolution to declare necessity-a—ndJstablish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2001 Addition to the Fairfax Urban Renewal Area", seconded by Council Member, ^itt Wu After due consideration, the Mayor pint the question on the motion and the roll being called, the following named Council Members voted; Ayes: i l/J i c 1. Nays: Whereupon,the Mayor declared the resolution duly adopted and signed approval thereto. 2 DORSEY etc'i fflTNEY LLP,ATTORNEYS,DES MOINES,IOWA Faur1'ax/419915-3/Hold Hrg UR Plan Amd RESOLUTION NO.(�I— / A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2001 Addition to the Fairfax Urban Renewal Area WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa (the "Urban Renewal Law"), a municipality must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the municipality and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and WHEREAS, this Council created the Fairfax Urban Renewal Area (the "Urban Renewal Area"};and WHEREAS, studies have been conducted which show the desirability of expanding the Urban Renewal Area to add and include all the property within the legal description set out in Exhibit A hereto; and WHEREAS, studies found that sufficient need exists to warrant finding the area shown in Exhibit A an economic development area; and WHEREAS, notice of a public hearing by the City Council of the City of Fairfax, Iowa, on the question of establishing the area shown in Exhibit A hereto as an urban renewal area and on a proposed urban renewal plan amendment for the 2001 Addition to the Fairfax Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Council has conducted said hearing; and WHEREAS, the proposed urban renewal plan amendment was submitted to and approved by the Planning and Zoning Commission of the City of Fairfax; WHEREAS, copies of the urban renewal plan amendment, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan amendment were mailed to Linn County, College Community School District and Kirkwood Community College; the consultation meeting was held on th °day of Z 2001; and responses to any comments or recommendations received following the consultation meeting were made as required by law; NOW, THEREFORE, It Is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa,is found to exist in the City of Fairfax within the boundaries set out in Exhibit A hereto. Section 2. The area identified in Section 1 hereof is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 4013 of the Code of Iowa, and is hereby designated the 2001 Addition to the Fairfax Urban Renewal Area. 3 DORSEY&WfUTNEY LLP,ATTORNEYS,DES MOINES,IOWA FaorfW419915-3/Hold Hrg ITR Plan Amd Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of the City of Fairfax, Iowa. Section 4. The amendment to the urban renewal plan for the Fairfax Urban Renewal Area incorporating this area, attached hereto and made a part hereof, is hereby in all respects approved. Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved November 13, 2001. Attest: Mayor Citt Cle (Attach copy of the urban renewal plan amendment to this resolution.) 4 DORSEY&'4i MTNEY LLP,ATTORNEYS,DES MOINES,IOWA AMENDMENT NO. i URBAN RENEWAL PLAN FAIRFAX URBAN RENEWAL AREA November,2001 The Urban Renewal Plan for the Fairfax Urbari Renewal Area, originally adopted in 1998, is being amended to increase the size of the original district. The area which is being added to the Urban Renewal Area is described in Exhibit A and illustrated in Exhibit B. The "base valuation" or "frozen base" of the original district was the taxable valuation in place as of January 1, 1997. If the proposed ordinance covering this Amendment No, 1 is adopted during calendar year 2001, and if debt payable from incremental taxes is certified to the County Auditor by December 1, 2001, the area being added to the district as a result of this amendment will have a"frozen base"as of the January 1,2000 valuation date. With the adoption of this plan amendment, the City of Fairfax will designate the area being added as an economic development area that is appropriate for the promotion of residential development. The area being added will also become subject to the provisions of the original plan. The following information is provided in accordance with the requirements of Section 403.17 of the Code of Iowa: Outstanding general obligation debt of the City: $1,535;000 Constitutional debt limit of the City: $1.950.000 Proposed debt to be incurred in area to be added to Urban Renewal Area: $250,000 - 6 151) 207 16E EW G[tAP}QC SCALE IN FEET NEIl4-S9114 / SCAi,� L-SOU j SECTION 3.782N-ReW J / CEDAR Et..+%PIDS / — _ _ � C4UN3Y, • - — — BEVERLY ROAD_ — — _ w � ( 1 RIGIITGrwnv ( } �(awrl Icawf —(octal 4 `1 `y'e, �wnY LINE 71 r . ,,V UIEVERLY ROAD \ \ ,�,'`...•' \ \ \ I, /+' ' „�""r SoLTHERLY RIGHT GF wAY _ LINE OF US HIGHWAY MIST }: \ \• / . \V�' h� - SEVIO,GOK.DONC, 6 SEI14•SEI/4 3 sELTIOJ-RE'W 31..4 4 AC. T/ T1MtW1TT�4Y R ae ' &K1MBE[U.Y A. \ /`�•.• 1° PART OF SWItI SECTION 3 T82N ReW `� 1^A6LIl.ER / s ��" DENNIS J. - EISLER I,w &,CONNTE J. 'Doll AAIHA.A STRIMER,STANLEY JOE �.. 3.92 AC, - ] 2 i 1,9 AC, &6A A �- -- - 10 II 57.9' FAIRFAX + SEV10,CORDON C. LEGAL OESCRIPTONI: N8114T4FI/4 SECTION 10-T82N-IR8'W . ALL THAT PART OF'THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4G.0 AC. 82 NORTH, RANGE 8 'WEST OF THE 5TH PRINCIPAL MERIDIAN, UNN COUNTY, IOWA, LYINIG SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF U.S. HIIIGHWAY NO. 151 AND LYING SOUTH OF THE SOUTH RIGHT OF WAY OF 13EVULY ROAD AND ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (IF SECTION 10, TOWN!SHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, LYNN COUNTY, IOWA - AREAS; k t 1 4 TOTAL AREA m. 84.3 AC. VOLUNTARY ANNEXATIONS;. HEISLER - 1,9'AC. ,• 1 r 1 1 STiICKLER - 6.0 AC. - SEV1G - 71.4 AC. 4 ' L�- l"L_L � �—L�L �L � XJ SUB-TOTAL - 79.3 AC, r F11LLCRESTROAD -� PERCENTAGE.. OF TOTAL - 94.17 INVOLUNTARY A14NEXAMONS: SURVEY LEGEND -N - 66ha LEGEND X] VT7- 1.05 AC. NE SW's 1,05 AC. MILLER - PROPOSED CORPORATION U SUB-TOTAL - S.00 AC, _ GENTERUNE SECTION UNE -.RCENTAGE 'OF'TOTAL . 5.97,. - - __... 1/4 SECTION UNE - - "' 1/4-1/4 SECTION LINE EXISTING LOT LINE_ AREAS T„ IS R APPROXIMATE m�1 EXISTING CORPORATION UNE ASSESSMENT MAS RIGHT OF WAY AND DEEDS OF RECORD. ._ ....-... .. HALL AND HALL= EWGINEEIRS, INC.. sh..l Tltl. CEDM WOS,IOWA 511402 204 214TH STREV X.q p ANNEXATION 7.T'CVt77�r iI.31i4i1 362-4549 1 Oli '=s > �' 9 k' n Al'Ii"k L-'AAATiOl'i >=rA..l1i1-MLT <a¢Im EttaHEFhwO.o',,w0 SURV"KG•o a r ; FOR THE CIT"wa'"OF FAIRFAX,IOWA � d IJWP CAPf1 MOPMECTURE o` �r y�SITE AttO LNO PEYELOPYENT PLANNING o Ft nnr n.rn ,m,.�nq Pairfaxl419915-3d'14oid Hrg UR P1111 Amd EXHIBIT A - Legal Description ALL THAT PART.OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE.STH PRINCIPAL MERIDIAN, LINN COUNTY,, IOWA, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 151 AND LYING SOUTH OF THE SOUTH RIGHT OF WAY OF BEVERLY ROAD AND ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, LINN COUNTY,IOWA 5 DORSET&WHITNEY'ILII„P,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-3/Hold Hrg UR Plan Amd Upon motion and vote,the meeting adjourned, Mayor Attest: ity perl I i 6 DORSEY&WMTNEY LLP,ATTORNEYS,DES MOINES,]IOWA Fa¢rffwd419915-3/Hold Hrg UR Plan Amd STATE OF IOWA COUNTY OF LINK SS: CITY OF FAIRFAX I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting. City Clerk of the City aforementioned, and that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared. the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan amendment for the 2001 Addition to the Fairfax Urban Renewal Area in the City of Fairfax, Iowa. WITNESS MY HAND and the seal of the City hereto affixed this "day of 2001, 1ty er (Seal) (Please attach to this certificate a copy of the minutes or a resolution of the Planning and .honing Commission showing the action taken by that Commission to approve the urban renewal plan amendment.) 7 DORSEY'&,WHITNEY LLP,AT70RNBYS,DES MOINES,IOWA Minutes of the Fairfax Planning and Zoning Commission Meeting November 12, 2001 at 7:00 p.m. Present Jack Rowry, Virginia Soukup, James Stallman, chair pro tem, Greg Fedder, Harold Scott and Dean Hartman. 1. Regarding the request for rezoning, Recommendation 011-11-12 (see documents attached), request by Arvin Danielson, owner of Fairfax Greenhouses, it was moved by Soukup and seconded by Rowry to approve the request. Passed 5 to 0. 2. Regarding the proposed change of the Urban Renewal. District (see attached documents), it was moved by Rowry and seconded by Fedder to approve the proposed r'hange. Passed 5 to 0 3. Adjourned 7:30 p.m. Respectfully Submitted, Dean Hartman, secretary F'a'urfax/419915-3/11old Hrg UR Plan Amd MINUTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING THE 2001 ADDITION TO THE FAIRFAX URBAN RENEWAL AREA 419915-3 Fairfax, Iowa November 13,20,01 The City Council of the City of Fairfax, Iowa, met on November 13, 2001 at 7:00 O'clock p.m., at the City Hall, in the City. The Mayor presided and the roll was called showing members present and absent, as follows: Present: Al Absent: .( Council Member introduced an ordinance entitled "Ordinance No. An Ordinance providing for the division of taxes levied on taxable property in the 2001 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, pursuant to Section 403,19 of the Code of Iowa." It w s moved by Council Member cJ Cry and seconded by Council Member , that the aforementioned ordinance be adopted. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: �^ A yes: dC° �J J. Nays: Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been given its initial passage. S DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaV419915-31Hold Hrg UR Plan Amd It w s moved by Council Member [ and seconded by Council Member P-KL4ty,%j that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. The Mayor put the question on the motion and the roll being, called, the following named Council Members voted: Ayes: jcatt Nays: Whereupon,the Mayor declared the motion duly carried. It Vffl-s moved by Council Memberj _ and seconded by Council Member that the ordinance entitled `'`Ordinance NooA b An Ordinance providing for the division of taxes levied on taxable property in the 2001 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, pursuant to Section 403.19 of the Code of Iowa," now be put upon its final passage and adoption. 'The Mayor put the question on the final passage and adoption of said ordinance and the roll being called, the following named Council Members voted: Ayes: Nays: Whereupon,the Mayor declared the motion duly carried and said ordinance duly adopted as follows: 9 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfaxl41991 S-3/Holl3 Hrg UR Plal Arnd ORDINANCE NO. 240 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2001 ADDITION TO THE FAIRFAX URBAN RENEWAL AREA,PURSUANT TO SECTION 403,19 OF THE CODE OF 10WA WHEREAS, the City Council has enacted an ordinance entitled "An Ordinance Providing For The Division Of Taxes Levied On Taxable Property In The Fairfax Urban Renewal Area of the City of Fairfax, Iowa, Pursuant To Section 403.19 of the Code of Iowa"' and WHEREAS, pursuant to that ordinance, the Fairfax Urban Renewal Area was designated a"tax increment area"; and WHEREAS, the City Council now desires to increase the size of the""tax increment area by adding additional property; BE IT ENACTED by the Council of the City of Fairfax, Iowa: Section 1. Purpose. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the 2001 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, each year by and for the benefit of the state, city, county, school districts or other taxing districts after the effective date of this ordinance in order to create a special fund to the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Fairfax to finance projects in the such area. Section 2. Definitions. For use-within this ordinance the following terms shall have the following meanings: "City" shall mean the City of Fairfax,,Iowa. "County" shall mean the County of Linn, Iowa. ALL THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN,LINK COUNTY,"IOWA, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT OF WAY OF U.S.HIGHWAY NOS. 151 AND LYING SOUTH OF THE SOUTH RIGHT OF WAY OF BEVERLY ROAD AND ALL OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 82 NORTH,RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, INN COUNTY, IOWA 10 DORSEY&WHITNEY LLP,,ATTORNEYS.DES MOINES,IOWA Eaidaxl419915-311-Iold Hrg UR Plan Amd Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area Amendment. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area Amendment each year by and for the benefit of the State of Iowa, the City, the County arid any school district or other taxing district in which the Urban Renewal Area Amendment is located, shall be divided as follows: (a) that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the gable property in the Urban Renewal Area Amendment, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in paragraph (b) below, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area Amendment on the effective date of this ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which. amends the plan for the Urban Renewal Area Amendment to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area. (b) that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal of and interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9(1), of the Code of Iowa, incurred by the City to finance or refinance, in whole or in part, projects in the Urban Renewal Area Amendment, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area Amendment exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection(a) of this section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area Amendment shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Alen such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area Amendment shall be paid into the funds for the respective taxing districts in the salne manner as taxes on all other property. (c) the portion of taxes mentioned in subsection (b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the City for the payment of the principal and interest on loans, advances, bonds issued under the authority of Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal Area Amendment, (d) as used in this section, the word "taxes" includes, but is not limited to, all levies on an ad valorem basis upon land or real property. 11 DORSEY&WfUTIVEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-3/Hold Hrg UP,Plan Amd Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Saving Clause. If any section, provision, or part of this ordinance shall be adjudged 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. Section 6, Effective Date. This ordinance shall be effective after its final passage,. approval and posting as provided by law. Passed and approved by the Council of the City of Fairfax, Iowa, on the day of 2001. Mayor Attest: CiJ Cle 12 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-3/Hold Hrg UR Plan Amd There being no further, business to come before the meeting, it was upon motion adjourned. i 1 Mayor Attest: City le 13 DORSEY&WIRTNEY LLP,ATTORNEYS,DES MOINES,IOWA l:a irfaV419915-3/Hold Hrg 1]R Plan Amd STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the City aforementioned, do hereby certify that the attached is a true, correct and complete copy of all the records of the Council of such City relating to the adoption of an ordinance entitled "Ordinance No 4 An Ordinance providing for the division of taxes levied on taxable property in the 2001 Addition to the Fairfax Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa." ITNESS MY HAND and the seal of the City hercto affixed this day of 2001. City Cle c i Seal) 14 DORSEY&wIIITNEY LLP,ATTORNEYS,DES M01 E ,IOWA Fair&V419915-31Hold Hrg UR Plan Amd STATE OF IOWA SS: COUNTY OF LINN 1, the undersigned, County Auditor of the aforementioned County, in the State of Iowa, do hereby certify that on the day of , 2001, the City Clerk of the City of Fairfax, Iowa, filed in my office a copy of an ordinance of such City shown to have been adopted. by the Council and approved by the Mayor thereof on November 13, 2001, entitled: "Ordinance No. An Ordinance providing for the division of taxes levied on taxable property in the 2001 Addition to the Fairfax Urban Renewal Area, pursuant to 'Section 403.19 of the Code of Iowa", and that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND and the seal of the County hereto affixed this day of 2001. County Auditor (Seal) 15 DORSEY&WIUTNEY LLP,ATTORNEYS,DES MOINES,,IOWA Fairrax/419915-3/Evld Erg UR Plm Amd STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I,the undersigned, City Clerk of the City aforementioned, do hereby certify that a correct and complete copy of "Ordinance No. dC O . An Ordinance providing for the division of taxes levied on taxable property in the 2001 Addition to the Fairfax Urban Renewal Area, U.ursuant to Section 403.19 of the Code of Iowa," was officially posted on the day of 2001, in three public places within said City which have been designated for such purpose. I further certify that at this time and at the times aforesaid no newspaper is or was published in said City. WITNESS MY HAND and the seal of said City hereto affixed thisp� day of 2001. City Cl k (Seal) 16 DORSEY&WIRTNEY LLP,ATTORNEYS,DES MOINES„IOWA RESOLUTION 01-11-13-4 A RESOLUTION APPROVING YEAR-END TRANSFER OF FUNDS The following is a transfer approved by the City Council of Fairfax,Iowa,to be transferred. FROM: TO: WATER FUND $^15 720 TRUST&AGENCY FUND RLL61,20 Water Meter Deposits were incorrectly deposited to the wrong fund. PASSED AND APPROVED TIIIS ^ DAY OF NOVEMBER,2001, Bill Voss, Mayor ATTEST: 1V1 Pac ,City Clerk IH HALL AND HALL ENGINEERS, ING. Day el hansom PE.,President 1H Johnson L.S.p Secl7reas. 209 29TH STREET N.E. CEDAR RAPIDS IOWA 52402 Daniel J.Boggs PIE. Scott A.Cahak RE. (319) 362-95'.48-FAX (319) 362-7595 Gary L.Casady L.,S.&P.E. E-mail : hallhall @mcleodusa.net Marvin G.Houg P.E. halleng @mcleodtisa.net Dennis J.Keitel P.E. Sue Kramer L.A. Website: wwvw.hatiandhalleng.com Stephen M.Scott RIE, E N E November 13, 2001 E R I Honorable Mayor and City Council L City of Fairfax, Iowa N PO Box 337 D Fairfax, Iowa 52228-0337 S R Re: Plan of Improvements V Prairie View Estates — IPhase II E Y I C Honorable Mayor and City Council: "+fie have reviewed the above referenced set of plan of improvements and have returned) Lthem to MMS Consultants for irevisions. These revisions involve changes to permanent A structures with some minor grading changes. As an assist to the developer and an N opportunity to take advantage of the continuing good weather, we would recommend I allowing grading to proceed on this second phase. Approval of the overall plan should N be ready for the December meeting. Respectfully submitted, L A N 1? a S ARichard C. Ransom, P.E. P City Engineer E A R C H T E C T U R E A"4 HALL ; a+ •+� ALL ENGINEERS, Richard C. R JIIHH' INC, Daniel J.Johnson L„S.,Sec/Treas. 209 29TH STREET N.E.-CEDAR RAPIDS-IOWA 52402 Daniel J.Boggs p:B (319) 362”-'9548•pAX (319) 362-7595 Scott A.Cahak RIE. E-mail : hallhall @mcleodusa.net Vary L.Casady L.S.&RE Marvin G. Houg RE lwalleng @meleodusa.net Dennis J.Keltei P.,E. Website. www.hallandhalleng.com sue Kramer iL.A. Stephen M.Scott P.E. E NN G I N E November 13, 2001 R l N G AHonorable Mayor and City Council City of Fairfax, Iowa U Re. Letter of Credit for Prairie View R Estates Phase V E Y Honorable Mayor and City Council: N C We have reviewed the unfinished work necessary to complete the work in Prairie View Estates Phase 1. We recommend the letter of credit amount be set at $330,000.00, P NRespectfully submitted, N N � /�' ,4e! . Richard C. Ransom, P.E. A City Engineer N D S C A P E A R C H I T E C T U R E RESOLUTION 01-11-13-5 WHEREAS, Gordan aevig has submitted a letter of credit from Fairfax State Savings Bank in the amount of$330,000.00 as security for the completion of improvements in Prairie View Estates -- Part 1,Fairfax, Iowa, NOW THEREFORE,be it resolved by the City Council of Fairfax, Iowa that said letter of credit is hereby accepted and filed in the Office of the City Clerk. Passed this day of 2001. Bill Voss, Mayor ATTEST: �-� Ar,& ' May Pac a, eity Clerk I i I COMMERCIAL LETTER OF CREDIT I Issued in favor of The City of Fairfax, Iowa All drafts drawn must be marked: Drawn under: Fairfax State 'Savings Bank Credit No. 111301 Gentlemen: We hereby establish our irrevocable letter of credit in your favor for the account of Gordon Sevig up to the aggregate amount of$330,000.00 available by the request and consent of Gordon Sevig at the Fairfax State Savings Bank and accompanied by documents specified below. The condition of this Letter of Credit is such, that whereas the above customer, Gordon Sevig, was on November 13 _, 2001 the applicant unto the City of Fairfax, Iowa, for the approval and acceptance of a certain subdivision of real estate known and,shown upon the plat as Part One of Prairie View Estates, Fairfax, Iowa. The Customer, Gordon Sevig, has not completed certain improvements to, within, or bounding the described subdivision of real estate as required by the subdivision ordinances of the City of Fairfax, Iowa, being Ordinance No 1 ��`� -- as amended, and which certain improvements are specified by the Mayor and City Council of the City of Fairfax, Iowa, as follows: IMPROVEMENT COST OAF'IMPROVEMENT 1. T' PPC $330,000.00 Gordon Sevig in lieu of completing the improvements heretofore specified, and in order to obtain the final approval of the plat of the subdivision of the real estate heretofore described, is filing with the City of Fairfax, Iowa„this Irrevocable Letter of Credit as is permitted by the terms of said subdivision ordinance, being Ordinance No!,� ;'ass amended. The condition of this obligation is such that if Gordon Sevig shall in all respects comply with the terms or Ordinance No. as amended, in effect as of the date of this irrevocable letter of credit, and shall fully indemnify and save harmless the City of Fairfax, Iowa, from all costs and damages which it may suffer by reason of failure to do so and shall fully reimburse and repay the City of Fairfax, Iowa, all outlays and expense which it may incur in making good any default or failure, then this obligation is to be void and of no effect; otherwise to remain in full force and affect until said improvements are accepted by the City of Fairfax, Iowa. It is understood and agreed, however, that the liability of the Issuer under this Irrevocable Letter of Credit shall not exceed (1) the sum of said Letter of Credit, or (2) the actual cost to the City of Fairfax, Iowa, for completing the above specified improvements, should such costs be less than the sum of this Irrevocable Letter of Credit. The Issuer agrees that all drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit shall be duly honored upon presentation and delivery of documents evidencing the failure of Gordon Sevig to comply with the subdivision ordinances as set forth above. It is further understood and agreed that the aggregate amount of this Letter of Credit will be reduced as the City approves or accepts the improvements in whole or in part. Said amount of reduction shall be the total improvement or the percentage of the total improvements so approved and accepted by the City's Engineers. Gordon Sevig shall be responsible for providing to the bank an approval and acceptance form signed by the City of Fairfax or its engineers before the bank may reduce the amount of this Letter of Credit. The Letter of Credit may be reduced only by the dollar amount set forth in the approval and acceptance form so provided. Except as otherwise expressly stated, this Letter of Credit is subject to Uniform Customs and Practices for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500. Dated at Fai ax , Iowa on this 13th day of November , 2001. Fairfax St Savi a By: � Vice Presi e Donal' oung Gordon Sevig City of Fairfax, Iowa By: Mayor lerk I E,S01,UTION NO - - RESOLLTION APPROVING MAT WTIEREAS, a Plat of PT-uirlc View Estates -Part I to Fairfax, I;iriti County, Iowa, has been tiled with the City C'ierk and after consideration of the s;unc is fowid to be con-ect and in'acc.ordaitce w itli the Provisions of the laws of the; State oflowa and the ordinances of [lie Ciry ol-FaIrtax, Towa, in Telation to flats and Additions to Cities, NOW. TN FPZFORE: M_'. [T RCS(_lVED BY ['IIE CITY COUNCIL OF THE IiE CITY OF FAlRFAX, IOWA. that the said Plat ;arid dedications of,saicl Prairie ViQW ll­;srates– Part T to FairlaLx, Linn County, [awa, be and the iwilic arc }tereby acknowledged artd approval on the part of the City of F�urfax, Towa.mid that. the roads therciri shown he and are hereby approved anti tlac Mayor and City Cleric are hereby directed to ccrtify d i:s Resoftstion (ifApprova.[:std ttftix the tiamc to said Plat as ley law provided. Q f,assetl this day of .—LIZ 2001. l� Mayor – Attest; 4y� et-E. STA`f'E OF IOWA � ss COUNTY OF LINN Mtayor,uid , City Clerk of the (_`ity of Fairfax, Iowa, Rio Iterehy certify that the labovearuf F'oregOirIg TUS01 tttion is a trrte art�l uUCriCt copy c)f tltu I'Zesc�lattiton prised by the City Coualeil cifth4 City of Fairfax, Iowa, _; oft 11115 ° , ?001 , Mavoe City lark - 12.43 PM City of Fairfax 11/'13/01 Accrual Basis Transaction Detail by Account October 9 through November 13, 20,01 Name Memo Amount FIRE DEPARTMENT Freida Coonrod Embroidery Jacket logos 84.00 GSTC Fuel 64.05 Heilman, Inc. Gear Bag/pants//letter panell 189.40 Graybill Electronics, Inc. 470.08 Municipal Emergency Services Harness kit,rng,seal 237.48 Fauser Oil Co. Fuel 115.19 Sanikot's Garage Repair 42.95 Kirkwood Community College Schooling 295.00 Iowa Wireless Services Phone 10.14 Alliiant Energy Utilities 70.19 Souith Slope Telephone Phone 24.30 Mid American Energy Lights/gas 16.77 Julie Sankot Halloween candy 82.78 National Fire&Rescue Magazine 48.00 Faraway Stores Pop 10.84 Iowa Wireless Services Phone 10.14 LIBRARY Treasurer,State of Iowa State Wlithoiding Tax 46.00 Fairfax State Savings Bank FICA 451.76 Carol Niles Salary 507.54 Pamela Edwards Wage 369.23 Kathy Everett Wage 17.52 Jennifer Everett Wage 285.20 Beth Wilz Wage 22.46 Fairfax State Savings Bank FICA 401.04 Treasurer,State of Iowa State Wlithollding Tax 39.00 IP'EIRS Tax 139.58 Kathy Everett Janitorial 122.82 Carol Niles Postage 31.46 Aiiliant Energy Utilities 178.27 Mid.American Energy Lights/gas 39.76 South Slope Telephone Phone 12.47 Staples Credit Plan Office supplies 13.37 Caroni Niles Office Supplies 9.99 Taste of Home Book `23,90 Baker&Taylor Books, 315.68 PARKS Treasurer,State of Iowa State Withholding Tax 21.00 Fairfax State Savings Bank FICA 135.14 j Meinards-Cedar Rapids SO Concession stand repair 16.57 Alliiant Energy Utilities 72.76 Alliiant Energy 25.20 Dwight Hughes Nursery 350.00 Neuhaus,Inc. Anti freeze 11.90 H'yinek Farms Mowing 979.00 Port"O"Johnny Port Potty 100.00 A!Il'iaint Energy Utilities 92.08 Wellimark Lud 35144 I TRANSPORTATION Crawford Quarry Co. Rock 97.66 Cedar Valley Asphalt Asphalt 158.36 Marengo Ready Mix Sand 140.22 Grainger Sander 84.30 Page'l of 4 12;43 PM City Of Fairfax 11/13101 Accrual Basis Transaction Detail by Account October 9 through November 13, 2001 f Custom Hose&Supplies Sander repairs 11.97 Millhiser Smith Agency, Inc. Snow ballade 24.00 Iowa Bearing Company Sander repairs 564.53 Stoma Steel Maint old snow plow 40.81 Fastenal Company Parts 14.64 Optometric Assoc of Cedar Rapids Deductible eye exam 10.00 Ronald Dusil Wage 423.90 Treasurer,State of Iowa State Withholding Tax 54.00 Fairfax State Savings Bank FICA 345.60 Ronald Dusil Wage 423.90 Ronald Dusil Wage 423.90 Ronald Dusil Wage 423.90 Fairfax State Savings Bank FICA 691.20 Treasurer,State of Iowa 108.00 IPERS Tax 226.80 Ronald G. Dusil Salary 423.90 Milllhiser Smith Agency, Inc. 90 Ford 201.00 Menards-Cedar Rapids SO Shed out back 31.13 Alliant Energy Utilities 78.99 Menards-Cedar Rapids SO Shop supplies 7.08 Pace Supply Paper towels 49.50 Menards-Cedar Rapids SO Shop supplies 47.97 Cedar Rapids Welding Supply Supplies 101.13 Mdl A,nterican Energy Lights/gas 15.23 Lud Svoboda Wash truck 2.00 Iowa Implement, Inc. Seat cushions 157.67 Menards-Cedar Rapids SO Trucks 33.12 Brad Ragan,Inc. Tire repair&parts 148.11 Mutual Wheel Parts dumptruck 33.46 Fauser Oil Co. Fuel 19.00 Sanikofs Garage Repair 690.41 W'elllmark Ron 222.27 i ROAD USE TAX Faiuser Oil Co. Fuel 381.06 Treasurer,State of Iowa State Withholding Tax 54.00 Fairfax State Savings Bank Fica&Fed 345.60 Alliiant Energy Street Lights 722.70 Linn County REC Street Lights 270.55 I SEWER Treasurer,State of Iowa State Withholding Tax 58.00 Fairfax State Savings Bank Fica,&'Fed 391.20 Menards-Cedar Rapids SO Parts/supply 28.45 Keystone Laboratories, Inc. Tests 60.00 Crawford Quarry Co. Rack 154.50 Faiuser Oil Co. Fuel 82.37 Iowa One Call Digging 13.00 Treasurer,State of Iowa Sales tax 58.90 Linn County Extension Workshop 12.50 Luid Svoboda Postage water samples 6.02 Luid Svoboda Postage water samples 6.02 Iowa Wireless Services Phone 41.02 Mary Pacha Mileage 62.97 Alilliant Energy 156.04 WATER Mary Pacha Wage 422.45 Ludwig Svoboda Wage 381.49 Page 2 of 4 12:43 IPM City of Fairfax 11113/01 Accrual Basis Transaction Detail by Account October 9 through November 13,2001 f E Treasurer,State of Iowa State Withholding Tax 48.00 Fairfax State Savings Bank Fica& Fed 346,78 Mary Pacha Wage 38145 Ludwig Svoboda Wage 381.49 Mary Pacha Wage 412.50 Ludwig Svoboda Wage 381.49 Marry Pacha Wage 401.41 Ludwig Svoboda Wage 381.49 Fairfax State Savings Bank Fica&Fed 1,161.94 Treasurer,State of Iowa State Withholding 179.00 IPE,RS Tax 399.56 Ludwig Svoboda Vacation'Pay 381.49 Ludwig Svoboda Vacation Pay 381.49 Mary Pacha Wage, 416.73 Schlimberg Co. Parts old water tower 49.75 Meunards-Cedar Rapids SO Pump house repair 36.97 Hach Company Pocket Pal Tester 50.00 enards-Cedar Rapids SO Pump house repair 31.96 The Waterworks Rust Out 28.50 Schimberg Co. Meter seal 35.00 Menards-Cedar Rapids SO Parts 4.40 Storm Steel Repair,parts 15.25 Fauser Oil Co. Fuel 8237 Advanced Water Technology, Inc. Chlorine 525.69 Iowa One Call Digging 1100 Treasurer,State of Iowa Sales tax 835.29 Post Master Stamps 70.98 Linn County Extension Workshop 12,50 Post(Master Postage 89.47 Post(Master Postage 3.50 Allliant Energy Utilities 101.09 Lud Svoboda Postage reimb 9.52 Midi American Energy Lights/gas 31.18 Linn County RE=C Lights/gas 294.22 Gazette Communications, Inc. Publishing 87.00 City of Fairfax Utility bulls Mesby;Knapp/Peters/Singleton 229.41 Various Patrick Reisinger refund 60,00 Architectural Building&Designs Deposit refund 165 Skyview Ave. 120.00 Vision Homes 170 Horizon Ave. 120.00 City of Fairfax Dep ref Alan Probst water bill 15.00 SOLID WASTE Waste Management of Iowa City Service.agreement 4,755.32 1 DEBT SERVICE Speer Financial Services 450,040 GO notes 5,284.45 Hall&Hall Engineers, Inc. Engineering water main replacement 2,751.40 Banker`s Trust GO Water Notes Series 2001A 100.00 ; Hall&Hall Engineers, Inc. Engineering water main replacement 4„621,15 i POLICY&ADMINISTRATION Phillips 66 Company Gas 28.63 Wellmark Mary 144.01 Treasurer,State of Iowa State Withholding Tax 16.00 a i Fairfax State Savings Bank FICA 120.92 Lynch,Dallas,Smith&Harmon Legal bonds 36,62 Alliant Energy Utilities 70.19 Menards-Cedar Rapids SO Repair parts 15.98 Colony Heating&Air Conditioning Furnace repair 38.08 j i i Page 3 of 4 12:43 PIVI City of Fairfax 11113101 Accrual Bags Transaction Detail by Account i October 9 through November 13, 2001 South Slope Telephone Phone 382.01 Graybiill Electronics, Inc. antenna radio 16.00 Pace Supply Paper towels 70.80 Mid American Energy Lights/gas 1617 I Flags Over America,Inc. Flag 86.00 CTS Textile Leasing Mats 69.90 Hall&Hall Engineers, Inc. Fees 3„390.85 Iowa League of Cities Budget'4 orkshop 30.00 Post Master Postage 2.40 Post Master Postage 2.06 Post Master 725 newsletters 87.00 Nancy Flickinger Office assistancelmileage 956.74 Lud'Svoboda Humidifier parts 27.98 Post Master Postage 1.60 Fairfax Bank Checks 41.50 Post Master Postage 10.62 Matt Parrott&Sons Company Supplies 8.46 IC of BO Building(Inspector dues 60.00 Shelton Technologies, Inc. Copier service agreement 41.85 Office Express Supplies 8117 Gazette Communications, Inc. Publishing 285.17 Mary Paeha Mileage to Garrison 62.98 Faraway Stores Misc supplies 41.80 Staples Credit Plan Office Supplies 175.36 1,917.29 OTHER We Sankot Camera battery GL 56.99 ellrnark Betty 337.74 I i I �I it it Pagle 4 of 4 E f STATE OF IOWA County of Linn Ss. CITY P FAIROAX NOTICE OF PUBLIC HEARING ' TQ .HCPtT�ti4yCOIVCRriP; YOUWe=hereby nahfied thatz PsubEic Hearing , wilt be hefd befcrre.fhe Fairfax CIN Cuuneil to.. cansider aknending the rfly.or'dinartce TiNei Vt, ' Chapter R5. Strtgle-i a'md9 44RS iM Paragraph _auie< t4 M[nfians: I, Joe Hladky, being duly sworn on oath, do state that I am QARS{+din l.ot;area 4J,560 s4 ft fv5frka Lai..'. wNidtlS,5Oj�.439:ft.Uenearng�,li3 2007 at the publisher of THE GAZETTE, su daily newspaper of FatrlaxIy HaQOrtTdav;€€ar 13 2aQT at �.OQ v.m, at wVhich hme and place xou may menfar '" be he,3�8 in re, lathe amend general circulation in Linn County, Iowa. The notice, a parr I=Kha. `ty"eCk printed copy of which is attached', was inserted and published in THE GAZETTE newspaper in the issue(s) of Nov. 1 20 01 . Thee reasonable fee for publishing said notice is S6.50 I Signed and sworn to before me on Nov. 1 , 20 01 by Joe Hladky. 5 Notary ublic in and fi6i the State of Iowa i I Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. By i f I STATE OF IOWA County of Linn ss. STATE OF 1®WA FINANCIAL REPORT "FISCAL:YEAR:E34k]E10 aUME 38,2001 arr OF.FAIRFAX,:10WA NfJTE F Tire Ylnfnrmation supplied In this[WOI:Wflt be shared hv' 'lhe luwa Sfate Aizdiior`s t7fFYCe the LIS. BSureau'of the Census, various pubfre i.itferpsi gr6ups, aria State and federal ageErcies. Ig duly sworn on oath, do state that I am... AL``'.FUNDS iE GAZETTE, a daily newspaper of Current.._, T4ta, fear L3esCrip1ion governmental Proprietary actual Budges (a1 (f1Y :lcl sd� in Linn County, Iowa. The notice, a 1ch is attached, was inserted and Progertr Oa¢ 180,167 0 160:167 148,242 r TfP reve%tu8s 30,464 0 30 464, PAM y Otheratv::tdxas 2,816 ...4 2,916 34,430 :+AZE i 9 E l��w pc�p�� ii! the 155E1�(�� of licenses and permits : 64 89A 0 62;894 39 055 Useotmonerarodprnaerty 1B 223 : 0 18,223 7350 tntaCgovernrnental 157 bT0 ! 6 157,610 153F211 Chargesfor.SerwP1Ge 47254 99,956 147,210 :1740 - ltrtscettaneairs 62,877 0 62,677 i3 735 TrstaVres eirrues 562.299 62 255 604: 99,956 6 1410 Other'finanofng sources. ��` 16 20_Qj . Transfers in 32 k24 0 3 424 265 41ar .� ProCeedscrfslhorf9ton§termdebY 1,173945 239,275 1413,220 for publishing said notice 1S 52.93 Total oihee'€inancingsources 1 206 364- 239,275 1,445 644 265,415 Total revenues arr�t other sources J,769,668 339,231 2,107 899 869x559 ; E>fpeN110 s; Commn€tr piroNecklort 144.934 4 144 934 250 342 human aevelopmem 70,825 0 7ff 825 74 381: _ dome and communifv eCViranent 1371751 329,419 1,707170 350284_ �nlrF.l�andadl�,Tl[nO stratlon 52,798 : 0 52798 52460 Tafa€er€peinalrtures T 640 39B 329,41:9 1,964 727 727 381, Other f1„ancllrgi uses 32,404 0 32,404 83,562 Transfersout to before me on Oct. 16 , 2001 , Totalother;:fr„aneing:Sources 32,404: _0 :.32,464 Total expendlitures and:other.uses 1,672,712 3291419 2,({02,131 810„949 Revenues ands other,sbdrces over.466deri expenditures and other.uses 95,956 9,812 165,768 58,610 y Beginning fund batance'. JUN 1 2064 421 832` T3,960 435x792 1212 49'4;: Ending fundlralance` June 30,21]OT 517,788.: 23,742 6itL560 271,104 WOW.dness-af1UM30 206( Amount-omit Cents atv blic i' aired the State Of Iowa SCiorf-term debt 874 290: •J eneralobli0aliouT debt firnit $1,8 , 0 240. CEATIFICATIOfi R,e T Foregoinst pnrt is r orrect; he to the Best of nnv Knawledge and Relief. ,t+l6ar-k pkha,City Cleric .3191846-2204 .Published in�The Cedar Rap[dsGazefte October 16,2001. Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. By I STATE OF IOWA County of Linn Ss. q e Gt I[d A LICATIO fl �fT' AY CC3NCERR Yaps� tl�ar >f rtottf€ed thai a Pubilc�Ceann�r vrili b od befar�fhe Fairfax Pfatrnins and; a�+in4 CasirSmiss'6 and Fairfax Citv..c6undl upnrttffaap�iicatiannfArvin�an3elsan QMner [ ,doe Hladky, being duly sworn on oath do state that I am ofiheifilnwlns:described.rsroperty:.LoF.2,.8ai e eyls ease Firsf 7vddit:SOn fo Fairfax Iowa s[ibleCt - the publisher of THE GAZETTE, a daily newspaper of ease�tiianits,ca�renants and:;reslritfiniis of re-< Thesi id bear rjW01Lt. is from eo_e ai fax general circulation in Linn County, Iowa. The notice, a The said nearing witl be held beinre thFairfax Planning anO Zoning commi$sfon at:: iWy Mall om n+onday, I'Wunber 12,..2041 at printed copy of which is attached, was inserted and 7.00 d.m,and Mfnre the 15a�rfu Q :Council, on Tuesday^,November T3,:2601 of 7:00 p rt ,at whit: kiwis and place You may appear and be published in THE GAZETTE newspaper in the issue(s) of .heard in r�a.rd`tp._said.application'..=. Marti1�arha,ETty Clerk '' Oct. 25 20 ol. The treasonable fee for publishing said notice is ftlo -,07/ Signed and sworn to before me on Oct• 25 , 20 of , by Joe Hladky. I I Not Public in au for the State of Iowa Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. By c r E STATE OF IOWA County of Linn S5. frPTtCE'"01 PUBLIC HEARlNO SI6NAri6N:LaF Ull tlt$1f9f REM9WAL AREA AN011"O'N'PROPOSED.URBAN R��l �f�ut=�s�'A!�rai�l��eol�tEtur !a#ECe Y ➢Her#b G,ven rhgf at. o`clbck' at tf3eafy half t aErtac lava,an the I Joe Hladky, being duly sworn on oath, do state that I am 13fh'&V of t iiiin et• 20Q1 there will be con , � ducted a oUbiic ftea'r(ity on the question bf des igrtattrtg ad earpafnded Fairfax Urban Rene uai the publisher of THE GAZETTE, a daily newspaper of Area,Purs Taint ftN Chi Ater 403.,Cade of 14ti�a by adding and i nctudf tg all the araperty wkfh€n general circulation in Linn County, Iowa. The notice, a fhe bb foftawib+g undarses. t=art of f to t„4 Ea, 5edb 3, ,8 N; printed copy of which is attachedl,,, was inserted and law Prairie view f4fals Part f' published in THE GAZETTE newspaper in the issue(s) of The subject rr[after a€f Pubfic hearing wilt atsa inckuda a iprbtrased amend ent to fhe ur-.. .ban..rbniiWal ptaea"Or.th"e Fairfax Urban Ro itetvel Ares Cavering the area fclenfffied aboue, 'pursuant tp Chapter 4tda"M Cade of towva, a copy at which Oct. 25 20 OL a7eT.Odmetr!is on fila;far public inspection in I he aff€ce of tlfne CRY Clerk The Pla!>bsed brings the.or to the urban Fe-' The reasonable fee for publishing': said notice is $ 16.02 naval pkaro brnngs,ftie prbpeTty tlescribed9 pbile under the plan and makes if subject fa the provlsidns of the plate At said hearing,any interesfed person may. file written=obfecttans.or comments and may be heard orally with respect fa fhe subject btafters of the hearing Miary Paces, icily Cfefk Signed and sworn to before me on Oct. 25 , 20 01, by Joe Hladky. 1i Notary P/qblic in wind forlhe State of Iowa Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. i i B Y r 1: STATE OF IOWA County of Linn SS. Ifaars)taha4[fitafean tbrviect: 19afice to Bidders (GgivarAf.C®n9racfars Only) Ciwner: City of Fairfatr P.M OdA 117 Fairfax,` 52229-M..— I, gale Hladky, being duly sworn on oath, do state that I am f�orect Rdti'tstffiustratar; East Central Spays 108 T ided #.SE the publisher of THE GAZETTE, a daily newspaper of CpfinctC ot!G+owarnmertfs ,SueSe X00 , lCedar Iaptds,to , general circulation in Linn County Iowa. The notice a 8[d ProPd are being accepfad fur the reFra= � � bivtattpd reaidentiatstructure TheC�tv�pf printed copy of which is attached„ was inserted and Fairfax wttlrecof sealed bidsan 5pecifica- flans and�iaTSheafs fCrr the interior and H- or rehabilltahoin p#an awner_oecuPied hpiise. published in THE GAZETTE newspaper in the issue(s) of The open hYeuse is.scheduled fpialfow.bidders the pPP4YtldCjily tCf tfadrar�4h€y IdlSGeCt thB:pro= teCt Sha G'oPies of I€ie bidding'dpcumenis:may be.ab- attained by bidders of::the East lCentra€ Iowa CpunICII of Governmetifs 108 Third St. SE; Suite 300, Cedar R apids, IA:52401, (319) Nov. 5 20 0 l 365 4941. BieEs thalf be submitted €n accgr- dance with ECi G.'s General Coadilon5 and The reasonable fee for publishing said notice is $ 34.64 Bidding Procedures .. The address;date and time of the Open Houses: are ADDRESS;327 5r"eprnan Drive DATE:Monday,Itfovernber.12,2001 TIME:9.00 a cr'r- A reo.resentef€ye fram the RehabRitalion..De= g tment of h-fa -AR W11[be presenC at.the. en Htruss to ansower.specifiequesiians;re. lacing to the;P ofaosed`work, Sunda y, Npvember 79 00 R141k 'waled yids:.ode By; Signed and sworn to before me on Nov. 5 , 20 01 , ,9: rrn aids To. b J' Hladky.11 icy of Fa urf& o�;i earn:Mary Pacha .. P.t}.Box 337 Fairfax, iA 52228-0843 a bids receivei€after this date anditfine will not be acc o ad Bids will'be opened and publicly e read atbud.Bids received wit€be awarded by: the aty.folia.r±3g lbid.#abulatfon and contractor.- uerificafionA Pi art are required.by law to:be- r usthree.a'-C plated oftowa_EaChbidtfor' Notary blic in and fo a State of Iowa rf5ust Kaye at corrtPlated cantraclar apPEicafion #prm and proof of c(Ei�r'EM.insuCance art fife. With EClc000 Z.Bids.well be$ptated on'- lump sum and unit pricebasfs_;Ch noeorderscannotexceed'15% of total bid;price.A pre-Construction rneetfng will be held': Within.,1hirty (30) days of.=bid. award,Work:shall commence within seven;(7) L C days f6llowintl the notice to Proceed and shall�ment for above from 20 tie cpmPleted wftttfin 9Tdays.Payments wlllbe: r :made to the--.Contractor:who m 6".arid'1009'a:pf- fife contract sralNue of ffie work':fs completed, beF�efainage Will be wuntod from the ients ill GAZETTE COMMUNICATIONS, INC. Marti rn the amoatnff:. )i ta.Payments w11i be made 4V:.titrs C)tv_pf Fairfax,..>: t a.V virtue of staltufasry-:authority;_preference`- Will be g€ven'to products and provisions grown: and coal produced.InAe State 6f fowa and:to. Iowa'dairesfic fabor ta:the extent:lawfully"r.e� aurred under Iowa stafufes provided that award of contract wit(::be made to lowest re- sponsrbte bidder sdbrnitting lowest respontftie bid,which shall Ibe determined without regard: y , tp state or local law,=whereby,vre refence-N B B given to facibrs 61'N6Y:than amount of bid:.For. questions cobcerning.:£std specifeations, bid' Procedures, or open hdtises, Please contact Toe IColters HACAP RED Asstsfani Director (3147 34$-761"I ext.3052 or Tracey Mulcaheu, ECICOG Grants Adminislrafar, at (319). _ 165494 II�� I STATE OF IOWA County of Linn se,. dFFICIAL PU8L fit A7tON ANibF3DTiC £08[013ER5 F101 WATEFtLMAIN.REPLACME RT 46W CF-- F PUBLIC.CFEARtNG�ON PRO E` y, } PO D PLANS]:SPECIFICATIONS, PRCf I, ,doe' Hladky, Lein duly sworn can oath, do state that I am PosE1� P n CI H1 cCT Atka 'ribN the publisher of THE GAZETTE a daily newspaper of MRF .?"C: COST.r=6k TFfE COFiSTRUCTION= u AkFVt7 THE:tity O�FNIIKFA7Mf,.OWA, general circulation in Linn County, Iowa. The notice, a FIXING+. iMIE-Autt PLACE FOR HEARING ANd:-.50k 9CE1VtNG OF printed copy of which is attached„ was inserted and E 15 HEREBY GiUEN:..... . . CIfV of Hirai,t:torw ch:pny 26 d. published in THE GAZETTE newspaper in the issues of Wafer Main:IReptatement tar which proposed: P p p issue(s) pfarts,5pec#fuc'attom form of'.contraCt and esti- mate of`cast are officially.on':file in thedffiCe of the Fairfax Cnty Clerfc Said documents may bo. inspected iby awinterested person and by thls reference are Made a part of this Offfdal.Pub to licat::th Oct. 25 20 Oi :That:the,Faflirfax City:Counc[Will cand'uct a y, Fubktc Hearang o ufrbr documents In accar The reasonable fee for publishing said notice is $ 87.00 dance W}tf4 Yhg tegc€€rements df the kawa Code i and at Parkes concerned are at ftbertY:to ap- p6a. and fife o6ledrons to the.)mpromments: propa5ervw Fha.fiteartng wllf be.'held at the city' Halt.' Farr Fax,ldwa on Btovember 13,26011 at TQO F.M > That seated bids for the;canstructian of said €nlprover,n"Onts.wt}t'�be received by the Cfly'- Clertc atshe City Clerks office in the City Ha[I in Fairfax,fowar Until 1006 AM., on the 41h doll a£1^3ov�mber, 2661 attd W'It be publicly': opened and read.The bids wilt be acfed'upon+ Si n'ed and sworn to before me on Oct. 25 , 2001 �. by the Fatr£ax CrN Caunctl iinc7rediatelV.fok. IOWInq ttte Hlearpn ..or al such[ater time and'' ptaee as may InI#606 fixed. ; by Joe Hladky. All Wdrk and mafer'ats are 10.be in accordance yrfih the pr,osed pram;specifications,fonj of- eantr ,r. estwmalaof costs now on bleak the affPCe 6 ih..A CITY t ferk of Fairfax towaiut by this referenne made a part hereof as though.'. fui[Y sat cut and licdrpora(ed',here€n. Plans and stsetdf cat,ons gatirernins the son also.the of the pro, g imr?ravements,:and Note, Public in an for the State of Iowa arse Fhe prier praceedrnys of the city Council refer ng kd aztd clef€n€ng saldt proposed im pravemaMs,are herebY made a part of this nofico :a Ad the pro ed ton lract.bY reference and the proposed CfStttraCt sfratl be executed in compliance,therewith. The Cou"cill reserves fhe ri9hkta Defer accep- fance of Any ptrapDsat far a;gerrod of not to excoed thrrlY(30)Calendar days from the Uafe ' 20 of hearing,and c ofg rent for above from PaYrrientta fdYeCilniraatdr Wilt-!seen the tiasis.: Of month€ esl MIakes equivalent to ninefy-five percent C45Pp of the contract value of the warkta gte,wma riamendered esamate GAZETTE COMMUNICATIONS, INC. real suppliers for materials.ordered site tticallY for 1ha,pt?aft or delivered to the site durra4; fhe preCeiting caten6ie.rhonttt..Esiimates will be prepared ott the:I Wday of each month by the Contractor,subkect to the aporovaf of Ehe:'. Etlsrneera!rtho Wltf tertrfY to itte C11Y far:pay-, meni each a£sprrryed estlmafe5 6n or before the tenth fl6ttrt day of tho following manfh_Such. ma[sftdy wraYrhents shall in no war be con strued asrr act of ateeptanee far env pail of:: on B y the Wrtr15 9acMiaN o f ta11Y camp[efed Up eampletkur o£the auprk and ifsaatceplance by i fhe Councaq', Ifw Cantraetor aq€kl be paid an amount, vuhiCh, toj8ther with:prev[bus,pay: menu,wikk ertaat ni€i=ty five pettent f95°!),or the contract bejce of the cantraeI Final.-pray-.. menf cltihe remaanins flue percent(5°6)wilt be made not'Iass than;fhirty-one:@3tt days after: tarrrpletioq and acceptance by resolution of the: CttY Caut C€l of,the comptefed contract,su.btect::; to the Cond#t>;ons and in accordance with the. grovisiohs itf Chapter 523 of the'Cade of IOWA, 1RY5 as aMadded pod suCh parttat or ffnat pay- zz[etsfs tu€hb�sme urttik ftte C,orttracYor has cot ` -t€fted'tp..t tv fhat�:the maferfa[s tat5af and services`kpn+a€t f[e ganh estimate crave up en aid far Id a=rC3aitCe with the requirements ated rrt fho SpoCAFcations,..Lleh waivers_strall e subm fted,Ifh Fitfal Fay Request certifying that ail]latiar and seevsCes have been paid 'eefore finer paYrcrtnttf.Will be m.ode, the Con- fraCtor shalt£fier 111- 60[cafa,.With the Efigi neer an felmiaed :itatementz.showing:the amount of:kawa Sees;Tax or Use Tax and to whom paid Ork aft n?atereals 4foch.have tome,parr'of the Finished work;_ ;That.alt `re gb$ad&shalt be made on official brdding blafrirs furnished by the EttY aY Fairfax, and any @fkeratxons:thereat Wm ehutie:fhe: CaunQl at ngf#pn, retett the bid involved', ;tram to.Mideratfoh- Each.,.proposal shall be sealed and.."in#Y fdenfrfied. That oath pP'kaRcoSaf stsatf 6e accompanied txy a;: tsank, or d Cer'tD.Fied shEfrart1f drasvri on.a::' edit-union in Iowa vrcharteredunder-ire the,United Stales,nr a Bid:Bend in the form:'' li ,,rescribed In fhe(sPeclficaitO'S,executed by ai: Corporation aufrorized Po contract as a:Surety: i fn fowa and filed Eii an envelope separa4 from: the one contain the Prapasa(,seated rn an' i am ing ourtl'105,of ofd.The Check,Slhare[ltaff,or Bid Bond shall be made payable to the City of Fairfax,Said check,share draft,or bond rhby be cashed by the City of Fairfax, Iowa as liquidated damages rrt the event this(bidder to' whom:the contract is awardad falls ar:refuses:. (1)Enter into the confracG or(2)Post bond sattsfactary to the City Caunclt insueirg the fanh.fut::fulfiliment.bf the confract of s,aid.lno- Proverrients as required by tav4 and tresoecfff ' cations wr€hln ter€tlays after the confcacf.is awardaa. Each successful bidder chaff be required to furnfsh.a Corporate Surety.Bond Man amount equal to 100%of its cvnteact art+ce,sold=Band' to be fssi ed by a responsible surely,approved: by theCity and:shal4 guarantea the faithful Performance and maintenance of the contract and the'terms and conditions therein Co ifalueOf and shall guarantee PromP€pay!menf afafi ma=' terfals and labor and Protect:and save-harm- less the City from Claims and:damages-:of. kind caused by the operafidn df fhe Cont actor„? That.plans,spetfficatrons and Pr osetl>.far Of contract may be examined.free of char;e at the office of the City Clerk in FairFax oral the Office Of Half and Hall Engineers,Ent,2i1924fr: Street NE, Cedar::Rapids, 1u yell Co11 sfllfitt9 E=ngineers,BiddersmaY.obtain per copies:'. at the.En9ineer's office by sending a TiMefity Five Dollar and no cents(S25,00)narr-ref6nd-' able,depositt. Payment;:fo 1116 Contractor for sadd knorb.Ve�� mehrs wilt be made-in Cash derived from phe proceeds:�.of Fhe-.issuance and sale ofsuch bonds.and/or from:such cash fund's of the City, as MAY be legaRY used for sai[f purposes:-Any .' cambtnalfan of the:above methods of payment may be usetl at the itfscre Cit. tion Of the Cwiy Cdun Construction shall be started wltlhiin 10 days:. upon issuance of,"Notice fa Proceed"an$sttaFl�� be cons(ruoed in the following:stages: A willfams Btvd-Thrs wenoin Of water main:` i shall b6 Conslrutfed:first and shalfl be placed.: track in service by December 31st,200)..' Church St This section of water mains hat ; constructed second and shalt be placed,': sack to service by:NSart 31,2002 C Vanderbitt St s section of water Main chaff be donstructed.`=1as1 and,sbatd ba,piaced.' back fn service bvAprft 3D,.2tYt12. a Tre Contractor may work on more fhan one .seCtton of.water main at a ffine as tons;:is 'service continuity is'inatntained.;The CvrtitraC .:Tor sbaf con irm this-wifh the CO_IWore pia ceeding with more(ran one section at a time:: E.Alf wank,including site work,shelf be eom-: plated and:ready.for:official..acceptance art or before June f 2002,subiecf to any exferisions of lime'which may. be granted by the:City. Council du to circumstances Oufsidle Ere Con lratfors c,6trol. :Liquidated damages In the amount of two hun dined dollars (S200}.per consecutive catendar day will tie assessed for each day that Work shall remain uncomoleted after:the end at the contract'Per oil with due allowance for extett lions of the contract period due to COndifldns beVodd the control of the Contractor, That Preference Will be 97y. en (Products. grown 0r PCoduced within Ih4Stafeof IloWe,by virtue of Statuforx`aulhority. That fhe,C(ly Cbrincil reserveS`the right.to reieci any and all bids.and to WaiVe any for= The extent Jf theawo�rk:for the 200-1 Water plain Replacement protect Con$ISts Of PPraxllmatalY 21501ineal feet of 8”PVC water main reprlact-' men€and appurfetances,T4 Final feet of cas,. Erg PEPe.'crassfng the-:Union Paci:fiC Raffroad;<i and assocfafed work.The Cfly af'Fairfax will: Provide the necessary Railroad Ptbtective L ability fns,ranee for the Contractor. Published by order of the City COunell elk Fa7r W,Iowa as per Resolution adopted on ire 41h daV of October,2001. COV of Fairfax;lawa.. ry ' Ma Pacra-City Cferk i i STATE OF IOWA County of Linn SS., MMr 2001 M r &aI[ed:tt hleeting=to order at FF3 cirri.Cir nt1 rnaiattsars C Wail ail t4t SfGtttalfr,Sr�,rrttsnd Eks4tdm ouncil FS rsfktt absent•Pteer. Ae[so preseq Lud Svo- txirta Ran Crusd aird flick Ransom...:.:- I, Jooe Hladk , being u! sworn on oath, do state that I am tvloiion Stack 0'0# 2nd-Wainwright:approval of J g y AF4andi Wyd Mc the publisher of THE GAZETTE a daily newspaper of Iy5olton WainwraghtF 2nd Eksfrarn approval r Min CicibbeA 9 2.0'41 Council Meeting Are Mc. Chevanrt Thurub&gr tram Tre es Forever led general circulation in Linn County, Iowa. The notice, a :discussion att theVW'6ntn9ll5U.Grant printed copy of which is attached„ was inserted and mayor Vast IinlaadncaI 04DINANCE 23g A tuna.1-City ksd Slrgf.&Fae ll Chaffer f published in THE GAZETTE newspaper in the issue(s) of 5eclio� 1.0�E R5 5irrgte fiamtly?l2esidenliaT Paragraph[€ ,.. Mime..Voss declared the loublic Hearing.: opened on b'R1g101AN1C£231€at 7:16 Pxr There: being no obiecleTS. senf " Mayor Voss alklarad the Publtc Hearing' cFgSed on OR011P1AkNCE 23>1 at 717 o m Motion 5#otklom 2nd Wa€rtWrrgttfto approve Nov'.. 23 20 O1. ! 6RDINAKCE238Aye 4 MC I Motion Stackfon, 20d Star€ to adapt ORDI- The reasonable fee for publishin said notice is $90.93 NANCE 239-:to waive.2.nd&3rd.Readings,Rull; 3 Calf Vote:All Ayes,MC Mayor Voss iptraduced ORDYNAINCE 234 All prove Rezotttaag of Property Arvin 0anfei so6lPair 3rowhb6ks 555 Southvlm Rd.. Mayor #foss dactarild the Public Hear.10 i'. oonadan,ORMNANCE 239 at 7:14 P m,Ther.e7' i being no obieetars Presenf. s' dac€died ttre P u 1Vayar Ves bttc Heartag' i Obsed an ORDIINA MCE 234 at 7;20 p.rri. ';vfion Stotlrton.2ind Ekstrom to approve OR NIANCE229Aye.4,MC Signed and sworn to before me on, Nov. 23 , 20 oil Atari Ekstrom,2nd Stockton to adopt ORDk r' ahmc£23 o walve 2nd&3rd Peadmgs kale by sloe Hladky. Call V016-All.A ywesv MC Mayor r.Voss daciared the Public Hearing: dpenad on tke lrtator`Id aih Realacement Prp-' iect a17.22 p: ragreamentlsaptsruyed and isned.4Yd:4 M Motion Eksfrars2s2nif staCktgn ttra[tatwiEarda� I =+e�al8 Sfd9.P¢rrnts far PY*ase 3 Praici��re�s, Estates.Faunc[afions can?�dus withdt,t srau�€ . !ng the streets.Gartlan wiii:�pftlw fire sfree(ss Fare Chief 5anka#is ok witft furs Ave_:4v M�. 13iscussaan ort Pftase 2-Pfan:at Immxrayements<._ faa't?ravrva 1Fiew!Estates, . MatBap. Warnavri9ht, 2nd Sebft approval..aE American Legian.'Li4uvr License Ayei 4;MC` C7iscus'siaef nn&tar bar Yta-r, Ij parfmant'. RelSarfi;given ernan;Cerveny;discussed S....:.CtJT,Grant. ti4ainbOtance report given b,1 Lud and(Ran. ,Mat on>Stacktott,-2ntf Efcsfram ap Pro Yaf of:. claims�Presenfed'for pavrrrenf Ave 4- C Maffatf Siacktan,,:2nd Eksfrem fa appomf Nan oY Ftii ken9tr as:[5epafy.CIti Cleric. Motlort Sfii tan 2ntl Eksl�am fo adlvurri" �artaating at X50rn.Ave:4,:..-MC MarY Dacha.CitY Clerk B'II Voss,&kavor" Frefda C.oanrod ErrsbraiderY„ 8400 iSTC ! 64 05 Helmara,tnC 1 @940, Gravki0<Elecironres Inc a: 486.08:. MurtrvCittal Emergency Services 237.48 "Auser Oil Ctr 547.62 Sankat`s Garage 733.36 IKfrkYxaad Community Cvlfege'. _295.W WA UtEicefess Services °- 51.30 A1liant EnersY .. 1x475.23 Sauft 51iPpa Telep$gg�a 41878"' Mrc[AraierfcanEnertgv 1'1971' l ufma San kot 82 78 7 Natrrenat:Frre&Ressae ....'48.OtP: Farevmv Siores 52.64 Treasurer State of Iowa 1517-]4 Fairfax State Savings S ank ,4,432.68 IIfPERS126 1 531.@8 Carol Miles 41.45. FasteafiHarxre .....:; 23 .: Baker&Taw&, 3 9015.68 Menards CedarRaprdssi7 ' G"+vfght Hugt:es Nuirsery ......253.63.: Neuahaus;1nC. 350.00: IHvulelk I=arms 119€4: Pomf°C"Johnny 479,00 WiPmnark .:. • ,1100.00 Ce aurfarttOuarry Co 1,252.16 Cedar t alley Asphalt 252-16 Marensgo Ready MYk -.. 158.3,6.. C Raing'er� 140 22 C�Jtlsgcfitm blase&Suppllgs Mulihlser Smith Agencv!nc 225,O0. fovea Beaefng coer op, v 564.53:: SrarrnnSfeef .:: 56.ad. Fastenal Camganr 14 54 DplomeiricASSDc6fcadarRapids 1'0-�V6 face suot 120,30 CedarTtatxtdsWelding5uppiv LwdSvaboda 45.5 IdWafmRlemenf,lnc: jy7d7; 8 raet Ragarry fnc 1.48.11: Muvllual 1tYfteef 33 4&: inn Caumfiy t2EC 564.77 eystamae Lahorafosies fnc 60;00 'lay4a c>no Catf 26:01 'Li`rdmvCOUMYExfensian ....:25.00'- Mary hero „ 125,95 Hacherg Co 84,75 hety CarnPanv 50-00'. the ,dV7inced works 28.501 Advairacad,/Vafer're[I naEa9Y.Yac. .-...-..525:64.:: Post Master 267.63. GaaeftleCOinmunCafions Inc 372:17'. CflYOfq alrtax 24A:41 H er alrlCk Relsing .- ".41 Ar tsffectu[af Ei0ding 8 f)osigns s 120 0R' Vision Managemento€ 12000= tlataTechndogtes f 50000 Lowe City Speer-FhnatttiaP 5,28"5� HaI!&Hali>✓ngvneers,inc 10.763:40:: ranker"s (rd�h 100:00:: Phillips 66 Cornpanv ..: 28;63: Lvnctm 17aUas Srnitu&�Harmop..:: 36;62 C616dYffeaffnggAlrCondlflbnrng -,..38.08' Fl gs0ver:America,Inc. @6:00 CTS Tex h Leasing...:: 69:90` Iowa League of Cilies,:: 30.00': IC,dfGarrott&sags CornpanY 1C ofi9t7 60X4 SNPon Tacfinalagios lrtC 41:85: Office Express :Staples Credvt Plan 175;36-, 7aklk a Sanka3 90, salaries 10,212 66 f C"FC6',gER�PECE IPrS f?eiNerat Fumed 52466.441:. Roa414tse Tex 74541: edf See'rice 449577 6' wata� s3939.7 Sewer arr L.5296;69'' Crage , TfF 3090