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HomeMy WebLinkAbout06/11/2002 Council Minutes AGENDA FAIRFAX CITY COUNCIL_ REGULAR MEETING "TUESDAY,JUNE 11,2002 FAIRF'AX CITY HALL—7:00 P.M. TENTATIVE AGENDA: DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS: A. Call to Order B. Approval of: 1. Motion to approve Agenda and Clerk's Financial Report 2. Place May 14,2002 Council Meeting Minutes on file C. Business 1. Discussion Municipal Infractions 2. Tabled Ordinance 249 Municipal Infractions a. Consider possible motion{s}in regards to Ordinance 249 Municipal Infractions 3. Spear Financial Presentation of TIF Report—Tool for Budgeting Process 4. Discussion of Grants 5. Ordinance 254 Amending Abandon and Junk Vehicles and Machinery a.Consider motion placing on 1"Reading 6. Ordinance 255 Amending Animal Protection and Control a. Consider motion placing on I"Reading 7. Solid Waste Contract for FY 02/03 8, Ordinance 256 Amending Collection and Transportation of Solid Waste a. Consider motion placing on I"Reading 9. Consider Resolution Solid Waste Collection Fees 10. Ordinance 257 Amending Peddlers,Solicitous and Transient Merchants a.Consider motion placing on I"Reading IL Cigarette Permits for Handi Mart and Star Bar&Grill 12. Consider Payroll Resolution for FY 02103 13, Consider Tabled Resolution 28E Project Agreement—Southview Road 14. Board of Adjustment Appointment-Ed Handley to fulfill remaining term of Dave Everett 15. Library Board of Trustees Appointments—Kelly Giese and Brenda Haendler 16. Consider Resolution for Fireworks Permit a. Consider Application for Fireworks Permit--Bill Barry 17. Consider Resolution Linn County REC Agreement 18. Discussion on sidewalks and the finish grade of lawns—Water Main Project 19. Discussion on Lagoon Feasibility Study 20. Consider approval of claims presented for payment and permission to pay remaining claims before the end of the Fly to close the books D. Reports 1. Sheriff Department 2. Library 1 Fire Department 4. Maintenance Department E. Discussion 1. Opportunity for Citizens not on the Agenda F. Adjourn CITY OF FAIRFAX REGULAR COUNCIL MEETING TUESDAY,JUNE 11,2002 Mayor Voss called the meeting to order at 7:00 PM Council members present: Beer, Frieden, Scott, Ekstrom & Wainwright Also present: Ron Dusil, Nancy Flickinger & Dick Ransom Motion Ekstrom 2nd Beer approval of Agenda & Clerk's Financial Report Aye 5 MC Motion Beer 2nd Scott approval May 14, 2002 Council Meeting Mins Aye 5 MC Sgt. Mau, Linn Co. Sheriff discussed Municipal Infractions & gave the E Sheriff's Report Motion Frieden 2' Ekstrom to remove ORDINANCE 249 from the table Aye 5 MC Mayor Voss stated there has been new revisions made from our discussion with the current ORDINANCE 249&it would be in our best interest to start over with ORDINANCE 249 Motion Beer 2°d Scott to dismiss the current ORDINANCE 249 Aye 5 MC Motion Ekstrom 2'd Frieden approve revised ORDINANCE 249 adding new Article 6 to Title I Chapter 1 Municipal Infractions on its I"reading&waive 2nd&3`d readings Roll Call Vote: All Ayes MC Motion Wainwright 2n1 Beer adopt revised ORDINANCE 249 Roll Call Vote: All Ayes MC Larry Berger with Spear Financial presented a TIF Plan that would be good financial instrument for the City Motion Ekstrom 2nd Scott approve contract to create a TIF Plan with Spear Financial Aye 5 MC Tracey Mulcahey with ECICOG discussed grants for the City Discussion on Ordinance 254 Motion Ekstrom 2nd Scott approve ORDINANCE 254 Title VI Chapter 3 Articles I &2 Abandoned&Junk Vehicles on its I"reading&waive 2nd&3rd readings Roll Call Vote Aye:Beer,Scott,Ekstrom,Wainwright Nay: Frieden MC Motion Wainwright 2nd Ekstrom adopt ORDINANCE 254 Roll Call Vote Aye: Beer, Scott, Ekstrom, Wainwright Nay: Frieden MC Motion Frieden 2 Wainwright approve ORDINANCE 255 Title III Chapter 2 Article I Animal Protection&Control on its 1st reading& waive 2nd& 3`d readings Roll Call Vote: All Ayes MC Motion Scott 2nd Ekstrom adopt ORDINANCE 255 Roll Call Vote: All Ayes MC Motion Wainwright 2nd Scott approving Waste &Recycling Collection Agreement with Waste Management of IA, Inc subject to receiving Certificate of Liability Insurance Aye 5 MC Motion Beer 2nd Ekstrom approve ORDINANCE 256 amending Sections of Article 2 Title III Chapter 4 Collection and Transportation on its 1"reading&waive 2nd & 3`d readings Roll Call Vote: All Ayes MC Motion Scott 2nd Beer adopt ORDINANCE 256 Roll Call Vote: All Ayes MC Motion Beer 2"d Wainwright approve RESOLUTION 02-06-11-1 Solid Waste Collection Fees Roll Call Vote: All Ayes MC Motion Ekstrom 2nd Scott approve ORDINANCE 257 amending Article 1 Title VII Chapter 1 Section 7-1.0106 Peddlers, Solicitors &Transient Merchants on its 1"reading &waive 2nd&3 readings Roll Call Vote: All Ayes MC Motion Ekstrom 2nd Wainwright adopt ORDINANCE 257 Roll Call Vote:All Ayes MC Motion Frieden 2"d' Ekstrom approval Cigarette Permits for Fairfax HandiMart & Star Bar & Grill Aye 5 MC Motion Wainwright 2nd Beer approve RESOLUTION 02-06-11-2 Salaries&Benefits for Employees FY 02103 Roll Cali Vote:All Ayes MC Motion.Frieden 2nd Beer to remove RESOLUTION 02-06-11-3 from the table Aye 5 MC Discussion on 28E Project Agreement—Southview Road. Financing for this project will come from the revenues of the local option sales tax that was approiated for the streets Motion Frieden 2n0 Ekstrom approve RESOLUTION 02-06-11-3 Intergovernmental 28E Project Agreement with Linn Co. Southview Road Roll Call Vote: All Ayes.MC Motion Wainwright 2nd Beer approving the appointment of Ed Handley to the Board of Adjustment Aye 5 MC Motion Scott 2nd Beer approving;the appointments of Kelly Giese & Brenda Haendler as Library Board of Trustees Aye 5 MC Motion Beer 2`"d Frieden approve RESOLUTION 02-06-11-4 Fireworks Permit Roll Call Vote: All Ayes MC Motion Beer 2'd Frieden approval of Bill Barry Fireworks Permit Aye 5 MC Motion Beer 2nd Scott approval RESOLUTION 02-06-11-5 Linn County REC Agreement Roll Call Vote: All Ayes MC Dick Ransom led discussion on property damage done by Yordi Excavating along HWY 151 pertaining to the Water Main Project No Fire Dept. Report given Dick Ransom led discussion on sanitary sewer system Motion Wainwright 2"d Ekstrom approve claims presented for payment and to pay remaining chairs before the end of the F/Y to close the books Aye 5 MC No Library Report given Ron Dusil gave the Maintenance Report Concerns were addressed with the regards to the property development at 80d'St&E Cemetery Rd Motion Wainwright 2°d Beer to adjourn meeting 9:23 pm Aye 5 MC Bill Voss,Mayor Mary Pacha, City Clerk Y EXPENDITURES FOR MAY 2002!JUNE 2002 PG. 1 ry Postmaster Postage 211.58 Dave Yanecek Fire Department 36.40 MidlArnerican Energy Utilti,es 106.37 Iowa`wireless Services FD&CitytCell Phones 65.44 Wellmark Health Insurance 635,92 Banker's Trust Debt Servicelinterest Payment$1,185,000 dote 2876625 Fairfax State Savings Bank FD Note Payment 32493.75 Linn Co. Recorder P&AI'Ed Handley Variance 6.00 City of Fairfax Truest&Agency/Meter Deposits Applied to'Water Accts. 180.00 Fairfax State Savings Bank P&AlLock Box Rent 48.00 Nancy Flickinger P&A/Mileage& Postage 52.75 Mary Ellen Barry Fire Department 204.15 Kathy Everett Library . 20.45 The Waterworks Garbage Tags 47.50 Millhiser Smith Agency !Fire Department 1246.00 Frieda Coonrod Embroidery Fire Department 24.38 Airgas Fire Department 44.80 Graybill Electronics Fire'Department 73718 CEC Fire Department 20.00 Kleck's Fire Department 2219.45 Bound Tree Medical Fire!Department 2562.93 Custom Print&Design Fire Department 455.00 Decker Sporting Goods Parlksl'Baseball Caps 369.86 Iowa Implement Parks1JD Tractor 187.40 Swisher Feed& Lumber Parks/Concession Stand- Picnic Tables 141.90 Hynek Farms ParkslMowing 520.00 Port"C'Johnny Parks 285.00 Carol Niles Library 32.18 Cathy Bayne _ Library 9.99 Re'iiman Publications Library 21.90 . Archaeology Library 19.97 Rodale Books Library 36.44 Upstart Library 17.75 World Book Encyclopedia Library 32.40 oriental Trading Library 40.55 Dernco Library 16.21 Baker&Taylor Library 78615 Radiator King P'arkslRadiator Repair JD Tractor 75.00 Fauser Energy Resources FD&RUT/Fuel 294.56 Sarah Slope Telephone Litilties 485.75 Staples Credit Plan City Supplies 125.68 Alllliant Energy Ut'ilt'ies 1756.13 Linn Co. REC Llitillties 409.84 Shelton Technologies P&AlCopier Service Agreement 107.98 CTS Textile teasing P&AlMats for City Hall 34.95 Moyer&Bergman P&NI-egal Fees 1934.25 Matt Parrott&Sons P,&AlLaser Checks 112.82 Office Express P&A/Supplies 59.80 Colony Heating &Air Conditioning P&A[Trane Condenser for Library 1391.50 Gazette Communications P&ABPublishing 101.32 EXPENDITURES MAY 20021JUNE 2002 RG_2 Ken White RU'T/Replacement Mail Box& Expense of'Painting 59.97 Cedar Valley Asphalt Debt Service&RUT/Cold & Hot Mix 289.59 Treasurer,State of IA State WH Payroll Taxes 416.00 IPERS Payroll 942.12 Fairfax State Savings Bank Fed WH/FICA Payroll Taxes 2616.26 Waste Management of IA City Service Agreement/Linn St. Park 2408.20 ECICOG Housing Rehab Program/Administrative Costs 2622.58 IITII Housing Rehab Program/209 Church Street 2760.00 IITI Housing Rehab Program/199 W. Cemetery(Road 1840.00 Stokes Construction Housing Rehab Program/327 Siepman Drive 4990.82 Linn Co.Recorder Housing Rehab Program/Perrin 6.00 Schoenberg Co. Water/Meters 900.72 Advanced Water Technology Water/Chemicals 383.94 Hach Co. Wafer/Chemicals 302.28 USA Blue Book Water/'Parts 112.73 Sevig Construction Seger/Leveled Dirt 365.00 I Crawford Quarry Debt Service&RUT/Rock 284.95 � Keystone Labs Waiter&Sewer/Testing 164.00 Faraway Stores FD&City/Pop 41.59 Menards-CR SO Parlk&P&A/Miscellaneous 124.65 Heilman Fire(Department 4684.15 Kirkwood Community College Fire(Department 95.00 Star Bar&Grill Food &Pop 32.00 Marry Pacha Mileage 25.19 Salaries 6702.38 MAY RECEIPTS General 47779.19 RUT 4197.75 Debt Service Trust&Agency 5139.90 Water 5287.24 Sewer 8192.44 Garbage 3189.99 TI'F 15022.55 Fire'Department 100.00 Library 400.00 Arbor Team Fireworks 325.00 n City of Fairfax 06/11/02 Balance Sheet As of May 31, 2002 May 31, 02 ASSETS Current Assets Checking/Saviurngs Certificates of Deposit General Fund 108,109.57 Sewer Fund 38,729.16 Total Certif'iicates of Deposit 146,838.73 Checking Account General' 334,929.31 Road Use Tax 28,566.16 Debt Service 194,822.90 Trust &Agency 31,435.90 Water 473.05 Sewer 28,525.46 Garbage 5,466.89 TIFF 65,495.11 Total Checking Account 689,714.78 Savings Expend Trust Arbor Team 2,257.10 FD Equipment Regular Savings 7,704.03 Camera Fund 280.62 Memorial Fund 823.78 Total FD Equipment 8,808.43 FD Fireworks 1,350.81 Library Gifts & Bequests 19,909.70 Total Savings Expend Trust 32,326.04 Total Checking/Savings 868,879.55 Total Current Assets 868,879.55 TOTAL ASSETS 868,879.55 LIABILITIES & EQUITY Equity Opening Bal Equity 541,559.56 Net income 327,319.99 Total Equity 868,879.55 TOTAL LIABILITIES & EQUITY 868,879.55 Page ORDINANCE 249 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 1996,BY ADDING PROVISIONS PERTAINING TO MUNICIPAL INFRACTIONS IN THE CITY OF FAIRFAX,IOWA BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION I.ARTICLE ADDED. The Code of Ordinances',of the City of Fairfax, Iowa, 1996, is amended by adding a new Article 6 to Title I, Chapter 1, entitled MUNICIPAL INFRACTIONS, which is hereby adopted to read as follows: TITLE I, CHAPTER 1, NEW ARTICLE 6 MUNICIPAL INFRACTION'S 4.01 Municipal infraction 4.04 Civil Citations 4.02 Environmental Violation 4.05 Alternative Relief' 4.03 Penalties 4.06 Criminal Penalties 4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein, (Code of Iowa, Sec. 3 64.22[3]) 4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural resources, or both, may be classified as an environmental violation. However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations: (Code oflowa, Sec. 364.22 1]) 1. A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8. 2. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products, 3. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15. 4.03 PENALTIES. A municipal infraction is punishable by the following civil penalties: (Code of.Iowa, See. 364.22 1]) 1. Standard Civil Penalties. A. First Offense. . . . . . . . . . . . . . . . . . . $500.00 B. Second Offense. . . . . . . . . . . . . . . . $750.00 C. Third and Subsequent Offenses . . . . . $750.00 Each day that a violation occurs or is permitted to exist constitutes a repeat offense. 2. Special Civil Penalties. A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, :referred to in 40 C.F.R. §403.8, by an industrial user is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continuos. B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied: (1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation. (2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins. (3) The violation does not continue in existence for more than eight(8) hours. 4.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service as provided in Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at defendant's last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1. A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information: 'Code of Iowa, Sec. 364.22 4]) 1. The name and address of the defendant. 2. The name or description of the infraction attested to by the officer issuing the citation. 3. The location and time of the infraction. 4. The amount of civil penalty to be assessed or the alternative relief sought, or both. 5. The manner, location, and time in which the penalty may be paid. 6. The time and place of court appearance. 7. The penalty for failure to appear in court,. 4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief. Code of Iowa, Sec. 364.22 1,l 4.06 CRIMINAL PENALTIES. This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means. (Code of Iowa, Sec. 364.22111] SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby-repealed. SECTION 3. SEVERABILITY 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 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.. Adopted this_//6-6 day of 2002. '�""g) till Voss,Mayor ATTEST: Maf Pac a, ity Clerk I cert"fy that the foregoing was posted as Ordinance No. on the /J .4-, day of M#Pack, City Clerk SPEER FINANCIAL, INC. PROPOSAL TO THE CITY OF FAIRFAX LINN COUNTY, IOWA.. Tax Increment Financing (T.I.F.) Plan Consulting Services June 11, 2002 PUBLIC FINANCE CONSULTANTS SINCE 1954 SPEER FINANCIAL, INC. KEVIN W.WCANNA DAVID F.PHILLIPS LARRY R BURGER DANIEL ID,FORBES BARBARA L.CHEVALIER PRESIDENT SR.VICE PRESIDENT V(CE PRESIDENT "CE IPRFS(DENT VICE PRESIDENT June 1 I, 2002 The Honorable William Voss, Mayor and Members of the City Council City of Fairfax PO Box 337 525 Vanderbilt Street Fairfax, IA 52228-0337 Dear Mayor Voss: Thank you for the opportunity to allow Speer Financial, Inc. to submit a contract for a Tar Increment Financing (T.I.F) Plan for the City of Fairfax. I have provided a proposed scope of services for the development of the T.I.F.Plan. As you will note„we are suggesting that we deliver the Plan to the City by October 31,2002,to allow planning and certification of any debt against the T.I.F. area by December 1, 2002. Thank you again for the opportunity to submit this contract to the City. Should you have any additional questions or comments, please do not hesitate to give me a call. We look forward to proceeding with the development and creation of a T.I,F. Plan for the City of Fairfax. Sincerely, SPEER FINANCIAL, IN rry P urger Vice r sident LPBIcn Enclosure SUITE 4100.ONE NORTH LASALLE STREET+CHICAGO,ILLINOIS 60602 (332)346-3700•FAX(312)346-8833 SUITE 608•531 COMMERCIAL STREET•WATERLOO.IOWA 50701 -(319)291II-2077•FAX(319)291-8626 SPEER FINANCIAL, INC. TAX INCIREMENT FINANCING T.I.F. PLAN Speer Financial, Inc. would recommend that the base year for the new T.I.F. plan be fiscal year 2000-01. This will allow the City to look at the current year trends and future growth. Speer Financial,Inc. will develop and structure the plan to correspond with the structure of the annual capital improvements'program produced by the City of Fairfax for easy reference between the two documents. Speer Financial,Inc.will work with the City to analyze past functions and future predictions for valuation growth of City's T.I.F. District. Speer Financial, Inc. will contact the County Assessor's office to develop projections of future growth of assessed and taxable value for the community. Speer Financial, Inc., with the assistance of the City Staff, will develop a T.I.F. Plan. addressing various factors involving the City's T.I.F.District. The Plan will be tied with the Capital Improvements' Program, future economic growth,assessed and taxable values and other factors that are involved with the City's T.I.F. District. Speer Financial, Inc. will complete and present a draft of the Plan to City Officials for questions and comments prior to the final draft development. Speer Financial, Inc. will present a final T.I.F. Plan to the City by October 31, 2002. Speer Financial, Inc. will be available to assist the Mayor and City Council in the presentation of the T.I.F. Plan to the public and press. TAX INCREMENT FINANAING PLAN SPEER FINANCIAL, INC. FEE SCHEDULE Item one consists of a T.I.F. Plan. An hourly fee will be paid upon the completion and delivery of'the T.I.F. Plan October 31, 2002. Item two consists of an annual update of the plan. An annual fee will be paid upon the completion and delivery of each update. Fees for items one and two are as follows: L A Tax Increment Financing plan Professional Staff- $85.00 per hour Clerical Staff- $40.00 per hour Not to exceed .K $1,300.00 2.. Annual update of the T.I.F.plan Professional Staff- $85.00 per our Clerical Staff- $40.00 per hour Not to exceed Y$500 annually This proposal,upon acceptance,constitutes an agreement between the City of Fairfax,Linn County,Iowa, and Speer Financial, Inc. for financial consulting services. We look forward to working with the City and are ready to proceed upon your notification of our employment. Should you need additional information, please call.. Project Manager Respectfully submitted: rry P urger vin W. McCanna ice r ident President KW LB/cn This proposal is accepted on behalf of the City of Fairfax, Linn County, Iowa, this day of 2002. By this action,a contract is established between the City of Fairfax,Linn County, Iowa, and Speer Financial, Inc. This contract will extend until canceled by either party upon 90 days written notice. CITY OF FAIRFA ATTEST: LINK COUNTY, IOWA City Clerk Mayor ORDINANCE 254 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 1996,BY AMENDING PROVISIONS PERTAINING TO ABANDONED AND JUNK VEHICLES AND MACHINERY IN THE CITY OF FAIRFAX, IOWA - BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1.ARTICLES MODIFIED. Title VI, Chapter 3,Articles 1 and 2 of the Code of Ordinances of the City of Fairfax,Iowa, 1996,is repealed and the following adopted in lieu thereof: TITLE VI— COMMUNITY DEVELOPMENT AND ENVIRONMENT CHAPTER 3 —ABANDONED AND JUNK VEHICLES AND MACHINERY ARTICLE I ABANDONED VEHICLES 6-3.0101 DEFINITIONS. For use in this chapter the following terms are defined: Code of Iowa, See. 321.S9 j1 j) 1. "Abandoned vehicle"means any of the following: A. A vehicle_that has been left unattended on public property for more than twenty-four (24) hours and lacks current registration plates or two (2) or more wheels or other parts which renders the vehicle totally inoperable. B. A vehicle that has remained illegally on public property for more than twenty-four (24) hours. C. A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than twenty-four (24) hours. D. A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten (10) days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process. E. Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic. F. A vehicle that has been impounded pursuant to Section 321 JAB of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order, 2. "Demolisher" means any city or public agency organized for the disposal of solid waste, or any person whose business it is to convert a vehicle to junk, processed scrap or scrap metal„ or otherwise to wreck, or dismantle vehicles... 3. "Police authority" means the Iowa state patrol or any law enforcement agency of a county or city. 6-3.0102 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A police authority, upon the authority's own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. A police authority taking into custody an abandoned vehicle which has been determined to create a traffic hazard shall report the reasons constituting the hazard in writing to the appropriate authority having duties of control of the highway. The police authority may employ its own personnel, equipment and facilities or hire a private entity, equipment and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle. ` 'ode of Iowa, Sec. 321.89[2]) 6-3.0103 NOTICE BY MAIL. The police authority or private entity which takes into custody an abandoned vehicle shall notify, within.twenty (20) days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and serial number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (I0) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. The notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving the notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten (I0) day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten(10) day reclaiming period. ('Code of Iowa, See. 321.89[3a]) 6-3.0104 NOTIFICATION IN NEWSPAPER. If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section 80.03. The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section 80.03. (Code of Iowa, Sec. 321.89[3b]) 6-3.0105 EXTENSION OF TIME. The owner, lienholders or claimants may, by written request delivered to the police authority or private entity prior to the expiration of the ten (10) day reclaiming period, obtain an additional five (5) days within which the motor vehicle or personal property may be reclaimed. Code of Iowa, See, 32J.89[3c]) 6-3.0106 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant shall pay all towing and storage fees as established by the stowage facility; whereupon the vehicle shall be released. "Code of Iowa, Sec, 321.89[3a],i 6-3.0107 AUCTION OF ABANDONED VEHICLES. If an abandoned vehicle has not been reclaimed as provided for in Section 6-3.0103 of this chapter, the City shall make a determination as to whether or not the vehicle shall be sold for use upon public highways. If the vehicle is not sold for use upon public highways, it shall be sold for junk, or demolished and sold as scrap. The City shall sell the vehicle at public auction. Notwithstanding any other provision of this chapter, the City (or the Linn County Sheriff, his/her authorized representative, and/or any other person, firm or corporation designated to remove abandoned motor vehicles) which is taking into possession any abandoned vehicle which lacks an engine or two or more wheels, or another part which renders the vehicle totally inoperable, may dispose of the vehicle to a demolisher for junk after complying with the notification procedures set forth in Section 6-3.0103 of this chapter, and without public auction. The purchaser of the vehicle at such auction takes title free and clear of all liens and claims of ownership, shall receive a sales receipt from the City, and is entitled to register the vehicle and receive a Certificate of Title is sold for use upon the public highways pursuant to Iowa Code Section 321.89[4]. If the vehicle is sold or disposed of'to a demolisher for junk, the demolisher shall make application for a Junking Certificate to the Linn County Treasurer within fifteen (1.5) days of purchase of the abandoned vehicle, and shall surrender the sales receipt described above in lieu of the Certificate of Title. 'Code of Iowa, Sec. 321.89[41, 6-3.0108 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two (2) or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title. (Code of Iowa, Sec. 321.90[2e]) 6-3.0109 PROCEEDS FROM SALES. Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing and notification required, in accordance with State law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation. (Code of-Iowa, Sec. 321.89[4]) 6-3.0110 DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, .dismantle or otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle. (Code of Iowa, Sec. 321.90[3'a],) TITLE VI — COMMUNITY DEVELOPMENT AND ENVIRONMENT CHAPTER 3 — ABANDONED AND JUNK VEHICLES AND MACHINERY ARTICLE 2 JUNK VEHICLES AND MACHINERY 6-3.0201 DEFINITIONS. For use .in this chapter, the following terms are defined: 1. "Junk" means all old or scrap copper, brass, lead, or any other non- ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk. 2. "Junk vehicle" means any vehicle legally placed in storage with the County Treasurer or unlicensed and which has any of the following characteristics: A. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or taillight, or any other cracked or broken glass. B. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid. C. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects. D. Flammable Fuel. Any vehicle which contains gasoline or any other flammable fuel. E. Inoperable. Any motor vehicle which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle fora period of thirty(3 0) days or more. F. Defective or Obsolete Condition. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety. Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle. 3. "Vehicle" means every device in, upon,, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof 6-3.0202 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle. 6-3.0203 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of.the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation. (Code of Iowa, Sec, 364.12[3a]) 6-3.0204 EXCEPTIONS. The provisions of this chapter shall not apply to any junk vehicle located within a garage or other completely enclosed structure upon the driveway, or upon any of the following premises as long as a garage, structure, driveway or premises is not in violation of any provision of the Municipal Code of the City of Fairfax. 1. Authorized vehicle recycler (as defined in Iowa Code Chapter 321H); or 2. Licensed motor vehicle dealership (as defined in Iowa Code Chapter 322); or 3, Motor home and travel trailer dealership (as defined in Iowa Code Chapter 322C); or 4. Farm implement dealership (as defined in Iowa Code Chapter 322d); or 5. Motorcycle, snowmobile, ATV, and/or, other recreational vehicle dealership (as defined in Iowa Code Section 321.1 (40) and Iowa Code Chapter 321 G); or 6. Motor vehicle franchiser and franchisee (as defined in Iowa Code Chapter 322.0; or 7. Towing Services Company licensed to operate as such through the Iowa Department of Transportation; or 8. A vehicle under active repair parked upon the driveway of a residentially zoned property not having a garage, provided the owner has notified City Officials in writing of the owner's intent to actively repair the vehicle and the repairs are completed within thirty (30) days of the notification; or 9. A currently registered recreational vehicle (camper, snowmobile, motorcycle, boat or utility trailer) may be parked in a rear or side yard, that is not a driveway, provided that: A. Vehicle does not violate any of the other solid waste or junk vehicle ordinances; B. Vehicle is on a concrete, crushed compressed rock or blacktop surface, free of weeds and vegetation, no smaller than the width and length of the vehicle; C. Vehicle placement is no closer than 25 feet to the front yard line or no closer than 1 foot to the adjoining side or rear lot lines. 10. Construction vehicles that are stored; or 11. Commercial areas approved for outside storage. The City Council of Fairfax will set a time limit allowable for the placement of a junk vehicle at any of the above listed commercial properties. This time limit shall be the minimum necessary for the business and not more than 180 days. Any of the above listed businesses may apply for a one-time 10-day extension of this time limit by contacting the City Clerk's Office, which will be granted in only the most exceptional cases. 6-3.0205 RIGHT OF ENTRY. The Linn. County Sheriff, his/her authorized representative, and/or the person, firm or corporation designated to abate nuisances pursuant to this article and the Municipal Code of the City of Fairfax, are hereby authorized to access any property upon which a junk vehicle is located for the purpose of carrying out any and all actions required by this chapter, at the City's direction. 6-3.0206 NOTICE. TO ABATE. Upon discovery of any junk vehicle located on private property in violation of this chapter, the City Clerk or his/her duly authorized representative shall notify, in writing, the owner of the property upon which the vehicle is located and the owner of the vehicle, if known, that: 1. The junk vehicle constitutes a nuisance under the provision of this chapter; and 2. The junk vehicle must be removed in accordance with the provisions of Section 6-3.0208 of this chapter or repair the vehicle and properly display current registration, plates or stickers for the vehicle within 20 days; and 3. Failure to abate nuisance as prescribed by the notice shall be sufficient cause for removal of the junk vehicle by the City as set forth in Section 6-3.0209 of this chapter. 6-3.0207 SERVICE OF NOTICE. Any notice shall be deemed to be property served when a copy thereof is delivered to him/her personally or by certified mail with return receipt requested to his/her last known address. If the City selects service by certified mail, notice shall be deemed given when mailed. 6-3.0208 DUTY OF OWNER TO REMOVE OR REPAIR AFTER NOTICE. The owner of a junk vehicle or the owner of the property upon which it is located shall, within 20 days after notice has been given as provided in Section 6..3.0206 hereof: 1. Immediately provide for the registration of each and every vehicle as required by the laws of the State of Iowa, including properly affixing the registration plate or sticker to the vehicle; and 2. Repair any and all conditions as defined under ,Section 6-3.0201 of this chapter which cause such vehicle to be a nuisance as defined herein; or 3. Remove the vehicle or cause to have the vehicle removed to an authorized junk/salvage yard or to any other location provided the same complies with all applicable provisions of the Municipal Code of the City of Fairfax. 6-3.0209 ABATEMENT BY CITY. If the owner of the junk vehicle .or owner of the property upon which the junk vehicle is located shall fail to abate the nuisance as prescribed in Section 63,0208 of this chapter, the City of Fairfax by and through the Linn County Sheriff or his/her designated representative may abate such nuisance by causing the vehicle to be removed and impounded and sold or disposed of as provided for abandoned vehicles under Section 6-3.0101 of the Municipal Code of the City of Fairfax. The Council may also, by resolution, establish reasonable fees for any other costs incurred through the enforcement of this chapter. All costs of such abatement and enforcement shall be charged to the owner of the vehicle, if known. If, in the event that it is not possible to determine the owner of the vehicle all costs of such abatement and enforcement shall be charged to the owner of the property where such vehicle was located. All such costs may be assessed against the property being deemed as benefiting from the removal and collected as. a especial assessment in the same manner as property taxes. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVE]RABILITY 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 4. WHEN EFFECTIVE. This ordinance shall be in effect fr om and after its final passage, approval and publication as provided by law.JJ Adopted this day of� lex C� ,2002. Bill Voss,Mayor ATTEST: Mai&Pac a, City Cler k I cer ify that the foregoing was posted as Ordinance �"— on the day of q ,YLC ,2002. Mary#achal City Clerk. ORDINANCE 255 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OAF' THE CITY OF FAIRFA , IOWA, 1996, BY AMENDING PROVISIONS PERTAINING TO ANIMAL PROTECTION AND CONTROL BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. ARTICLE MODIFIED. Title III, Chapter 2, Article l of the Code of Ordinances of the City of Fairfax,Iowa, 1996,is repealed and the following adopted in lieu thereof: ARTICLE 1 GENERAL PROVISIOi'S 3-2.0101 DEFINITION OF TERMS. As used in this ordinance,unless the context indicates otherwise, 1. "Animal"means a nonhuman vertebrate. (Code of Iowa, See. 717B.1) 2. "At Heel"means,with reference to dogs, except female dogs in heat,within three(3)feet of a person subject to that person's strict obedient command and control. 3. "At Large" means off the owner's real property, including by way of illustration, but not limited to, on the public streets, alleys,public grounds, school grounds, parks and real property of others.An animal shall not be at large,if: A. The animal is on a leash, cord, chain or sinrilar restraint not more than six (6) feet in length and is under the control of the person,or B. The animal is within a motor vehicle, or C. The animal is housed in a veterinary hospital, licensed kennel,pet shop, animal shelter or police vehicle,or D. The animal is accompanied by and at heel beside the owner or a competent, responsible person. 4. "Confined"means securely confined in a dwelling house or an enclosed locked building, enclosed fence,pen or other structure having a height of at least six(6) feet with locked gates and with secure sides and at all points embedded into the ground,or,if such enclosed fence is less than six(6)feet in height;it must have a secure and complete top securely fastened to the sides. 5. A"Dangerous Animal"is: A. Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; B. Any animal declared to be dangerous by the County Board of Health or Council or its designee;or C. The following animals,which are deemed to be dangerous animals per se: (1) Lions,tigers,jaguars,leopards,cougars,lynx and bobcats; (2) Wolves, coyotes and foxes; (3) Badgers,wolverines,weasels,skunk and mink; (4) Raccoons; (5) Bears; (6) Monkeys and chimpanzees; (7) Bats; (8) Alligators and crocodiles; (9) Scorpions; (10) Snakes that are venomous,or constrictors; (11) Gila monsters; (12) Pit Bull Terriers,including the following: (a) The Bull Terrier breed of dog; (b) The Staffordshire Bull Terrier breed; (c) The American Staffordshire Terrier breed; (d) The American Pit Bull Terrier breed; (e) Dogs of mixed breed or other breeds which are known as pit bulls,pit bulldogs or pit bull terriers; (f) Any dog which has the appearance and characteristics of being predominantly of the breeds of Brill Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American. Staffordshire Terrier, any other breed commonly known as pit bulls,pit bull dogs or pit bull terriers or a combination of any of these breeds,v which is identifiable as such by a qualified veterinarian duly licensed in the State of Iowa. (13) ward Dogs 6. "Livestock"means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry. (Code of Iowa, Sec. 717.1) 7. "Owner"means any person owning,keeping,sheltering,or harboring an animal. 8. "Veterinary Hospital'means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. 9. "Vicious Animal"means any animal,except for a dangerous animal,that; A. has bitten or clawed a person or persons while running at large and the attack was unprovoked, B, has bitten or clawed a person or persons on two(2) separate occasions within a twelve(12)month period; C. has bitten or clawed once causing injuries above the shoulders of a person; D. could not be controlled or restrained by the owner at the time of an attack;or E. has attacked any domestic animal or fowl on three(3) separate occasions within a twelve(12)month period. i 3-2.0102 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate„ beat, or kill such animal by.any means which causes -unjustified pain, distress or suffering. (Code of.Iowa,Sec. 717B.3) 3-2.0103 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal:husbandry practices or to deprive the livestock of necessary sustenance or to injure. or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices. (Code of Iowa, Sec. 717.2) 3-2.0104 ABANDONMENT OAF'CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog,except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound. (Code of Iowa, Sec. 717B.8) 3-2.0105 LIVESTOCK. It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City's zoning regulations, 3-2.0106 BEES. It is unlawful for any person to keep or harbor bees unless the same are specifically authorized under the.Fairfax Zoning Ordinances as agricultural or commercial use. 3-2.0107 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City. 3-2.0108 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises. 3-2.0109 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual bowling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles, 3-2.0110 CONFINEMENT OF FEMALE DOGS IN HEAT. The owner of any female dog in heat shall confine said animal inside the house or buildings on.the owner's premises during the heat period. The owner may remove a dog in heat from his/her premises for purposes of breeding and/or exercise providing the animal is on a leash, cord, chain or similar restraint not more than six(6)feet in length and is under the control of the owner. No female dog in heat shall be allowed at heel. 3-2.0111 RABIES VACCINATION. Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It is a violation of this article for any person to own or have a dog or cat in the person's possession, four (4) months of age or over, which has not been vaccinated against rabies. Dogs kept in state or federally licensed kennels and not allowed to run at large shall not be subject to these vaccination .requirements. 3-2.0112 CONTROL OF DISEASE OUTBREAK. Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia or rabies,the Mayor,if that person deems it necessary, shall issue a proclamation ordering every owner of an animal, dog or cat to confine the same securely on the owner's premises at all times,for such period of time as deemed necessary. 3-2.0113 OWNER'S,PHYSIC'IAN'S AND VETERINARIAN'S DUTIES. It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies. (Code of Iowa, Sec. 351.38) 3-2.0114 CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies,the board shall order the owner to confine such animal in the manner it directs, If the owner fails to confine such animal in the manner directed,the animal shall be apprehended and impounded by such board, and after ten JO) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment.. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person. (Code of Iowa,Sec. 351.39) 3-2.0115 AT LARGE: IMPOUNDMENT. Animals found at large in violation of this article shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder. 3-2.0116 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be given in not less than two days to the owner, if known. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner does not redeem the animal within seven days of the date of notice, or if the owner cannot be located within seven days, the animal may be humanely destroyed or otherwise disposed of in accordance with law. (Code of lowa, Sec. 351.3 7, 351.41) 3-2.0117 IMPOUNDING COSTS. Impounding costs are established and charged by the Cedar Valley Humane Society. (Code of Iowa,Sec. 351,37) 3-2.0118 TAG AND COLLAR Every owner shall be required to provide each dog and/or cat with a collar to which the rabies tag and identification tag must be securely fixed. Such rabies tag and identification tag and collar shall be constantly worn by every animal and it shall be the responsibility of the owner of such animal to assure the constant wearing of such collar and tag. In the event the animal's tags are lost or destroyed,the owner is required to replace them. 3-2.0119 DOGS IN PARKS. 1. No dog shall be allowed in or within fifty (50) feet of any pavilion, playground or ballfield in a City Park, except properly trained dogs for the blind or deaf are permitted in and within fifty(50)feet of pavilions. 2. No dog shall be allowed in any other area of a City Park unless it is attached to a leash not more than six (6) feet in length and having sufficient strength to restrain the dog when the leash is held by a person capable of restraining and controlling the dog. 3-2.0120 EXERCISE AREAS. The Mayor,with the approval of the City Council,may designate areas, if such are available, where owners may take their dogs for exercise and obedience training,provided such dogs attending such areas are under the control of competent persons while in such designated areas. 3-2.0121 NUMBER OF ANIMALS. No person shall harbor or maintain such number of animals to create unhealthful or unsanitary conditions for the humans or animals occupying the premises, or create any other conditions constituting a nuisance. If such conditions exist, the Mayor is authorized to make an investigation. After notice to and hearing for the person or persons occupying or maintaining the residence or premises, or the persons harboring or maintaining the animals, the Mayor may order such number of animals be moved from the residence or premises to remedy or correct the unhealthful, unsanitary or other conditions constituting a nuisance. Upon the failure of the person to follow the orders issued by the Mayor, appropriate action may be pursued in the courts to either enforce the order of the Mayor, and/or correct the conditions and/or abate the nuisance. 3-2.0122 UNHEALTHFUL OR UNSANITARY CONDITIONS AND OTHER REGULATIONS. 1. An owner shall keep all structures, pens, coops or yards wherein animals are confined clean, devoid of vermin and free of odors arising from feces. 2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property„ other than the property of the owner of the animal. The owner or walker shall be deemed to permit the animal's discharge of the feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property. 3. All feces removed as aforesaid shall be placed in an airtight container until it is removed pursuant to refuse collection procedures or otherwise disposed of in a sanitary manner. 4. An owner may, as an alternative to subsection 3 above;,,collect the feces and turn it under the surface of the owner'"s soil in any manner that prevents odor or collection of vermin. 3-2.0123 TETHERING OF ANIMALS. No person shall stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over or across any public sidewalk, street, alley or private property other than the owner's. 3-2.0124 RELEASING ORMOiLESTING DOGS OR CATS. 1. Any person except the owner of a dog or cat or his or her authorized agent who willfully opens any door or gate on any private premises for the purpose of enticing or enabling any dog or cat to leave such private premises and be at large as defined in this ordinance, is in violation of the Code of Ordinances. 2. Any person who willfully molests, teases, provokes or mistreats a dog or cat while confined on its owner's premises is in violation of the Code of Ordinances. 3-2.0125 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason within the City a dangerous animal,except in the following circumstances: 1. The keeping of dangerous animals for exhibition to the public by a bona fide traveling circus, carnival,exhibit or show. 2. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment. 3. Any dangerous animals under the jurisdiction of and in the possession of the Iowa Department of Natural Resources,pursuant to Chapters 481A and 481B of the Code of Iowa. 4. Those Pit Bulls owned and harbored within the corporate City limits before June 11,2002,provided that such Pit Bulls are confined and kenneled at all times. 3-2.0126 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason within the City a vicious animal except in the following circumstances: 1. Animals under the control of a law enforcement or military agency. 2, The keeping of guard dogs;however, guard dogs,must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of this article. Any premises ,guarded by a guard dog shall be prominently posted with a sign containing the wording"Guard Dog," "Vicious Dog" or words of similar import, and the owner of such premises shall inform the local law enforcement officers that a guard dog is on duty at said premises. 3-2.0127 SEIZURE, IMPOUNDMENT AND DISPOSITION OF DANGEROUS AND VICIOUS ANIMALS. 1. In the event that a dangerous animal or vicious animal is found at large and unattended upon public property,park property,public right-of-way or the property of someone other than its owner, such animal may, in the discretion of the Mayor, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal or vicious animal found at large,nor shall it have a duty to notify the owner of such animal prior to its destruction. 2. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal or vicious animal in the City,the Mayor shalt cause the matter to be investigated and if after investigation, the facts indicate that the person narnes in the complaint is keeping, sheltering or harboring a dangerous or vicious animal in the City,the Mayor shall order the person named in the complaint to safely remove such animal from the City,permanently place the animal with an organization or ;group allowed to possess dangerous or vicious animals, or destroy the animal within three (3) days of the receipt of such an order. Such order shall be contained in a notice to remove dangerous or vicious animal,which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal or vicious animal and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person,in which case the Mayor shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. 3. The order to remove a dangerous animal or vicious animal issued by the Mayor may be appealed to the City Council. In order to appeal such order,written notice of appeal must be filed with the City Clerk within three (3) days after receipt of the order contained in the notice to remove dangerous or vicious animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the Mayor. 4. The notice of appeal shall state the grounds for such appeal and shall be delivered personal or by certified mail to the Clerk, The hearing of such appeal shall be scheduled within seven (7) days of the receipt of notice of appeal. The hearing may be continued for good cause. After such hearing,the Council may affirm or reverse the order of the Mayor. Such determination shall be contained in a written decision and shall be filed with the Clerk within three(3) days after the hearing or any continued session thereof. 5. If the Council affirms the action of the Law Enforcement and/or Mayor,the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous or vicious animal shall remove such animal from the City, permanently place such animal with an organization or group allowed to possess dangerous or vicious animals or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Mayor is not appealed and is not complied with within three (3) days, or the order of the Council after appeal is not complied with within three (3) days of its issuance, the Mayor is authorized to seize, impound or destroy such dangerous or vicious animal. Failure to comply with an order of the Mayor issued pursuant to this article and not appealed,or of the Council after appeal,constitutes a simple misdemeanor. 3-2.0128 HOLD HARMLESS. Absent a showing of reckless conductT no person granted authority to enforce the provisions of this article shall be liable for damage to or destruction of any animal occurring during the course of enforcement of this article. SECTION 2. SEVERABILIT'lc 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 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the #P`day of 2002, and approved this,L"day of 2002. Mayor .ATTEST: City Cleric First Readies� p" �lsr, G i� �f(��l�` ,On (5��t'4di �CcWiv� ���� �? l�r�U COVok,, A I J Second eading: 'Abj,/,4_ Third Reading: Walk, I certify that the foregoing was as Ordinance No,125 on the 1 day ofd -J 2002. City Clerk WASTE AND RECYCLING COLLECTION AGREEMENT THIS AGREEMENT"is made and entered into this first day of July, 2002, by and between the City of Fairfax (the"City") and Waste Management of Iowa, Inc., (the "Contractor"). WHEREAS, the intent of this Agreement is to provide for the legal and safe collection, removal, and recovery/disposal of waste and recyclable materials from residences and City properties; and WHEREAS, the City requires that the company hired pursuant to this contract shall have the ability to remove waste and recycable materials in compliance with local, state, and federal ordinances, laws, and regulations; and WHEREAS, in comeection therewith, the City desires to contract with the Contractor for certain collection, transportation,recycling, and disposal services; and WHEREAS, the Contractor is willing to provide such services on the terms and conditions hereafter set forth. NOW,THEREFORE,in consideration of their mutual promises hereinafter set forth„ the parties agree as follows; I. DEFINITIONS A. This Agreement and the Request for Proposal for Curbside Collection of Commingled Recyclables, Solid Waste, Bully Waste, and Yard Compostables issued by the City in March 2002, ("RFP") and the Contractor's Proposal submitted in response thereto ("Proposal"), incorporated herein by reference, shall comprise the Agreement by and between Contractor and the City. The Agreement contains the entire agreement of the parties and no amendment or modification of the Agreement shall be valid or effective unless in writing and signed by the parties thereto, Provided, if there is a conflict between the provisions of this Agreement and the other documents comprising the Agreement, the provisions of this Agreement shall control. H. SCOPE OF WORK. A. Contractor shall provide the services as described in the Scope of Services section of the RFP noting that Alternate Bid B was selected by the City, B. All such services will be provided in a good workman life manner consistent with that level of care and skill ordinarily exercised by members of the trade or profession currently practicing under similar conditions, C. Contractor shall provide collection service to all single-family houses, dwellings up to and including eight (8) separate units, City Hall, City Park, Fairfax Library, and the City I Maintenance Shop within the corporate limits of the City. The official stop count will be provided by the City and updated monthly. D. Contractor shall provide collection service for all materials once per week on a designated day. Residents will provide containers for garbage and recyclable material and place at the curb. Yard waste will be placed in rigid containers or kraft bags. E. Residents will participate in a volume based pricing program which allows one 34 gallon container(maximum 40 pounds) of garbage and unlimited recyclable materials per week as well as unlimited yard waste each week from April through October. Each additional garbage container must have a tag affixed. The City will set the tag price as well as purchase and distribute the tags for sale to residents. F. Contractor shall maintain a staffed office during regular business hours (8 AM—5 PM. Monday through Friday) for accepting calls from residents regarding the services provided under this agreement. G. All waste materials collected from the provision of these services will be deposited at a. Bluestem Solid Waste Agency, officially known as (Cedar Rapids/Linn County Solid Waste Agency) facility. The Contractor shall pay all landfill fees for waste materials and maintain a current "Landfill Use Agreement" (Attachment A)with the Bluestem Solid Waste Agency. H. Contractor shall collect and handle recyclable material as described in the RFP and in compliance with applicable local ordinances and name the facility(ies)where recyclable material is delivered. Name of processing plant(s): City Carton, Cedar Rapids Plant A summary of the amount of recyclable material delivered to a processing facility shall be provided to the City bi-annually on forms provided by the City (Attachment B). 1II. WARRANTIES AND REPRESENTATIONS A. Contractor represents and warrants that it is in full compliance with all applicable local, state and federal laws, regulations and ordinances. B. Contractor represents and warrants that it has all licenses,pennits, registrations, and/or any other governmental authorizations required to provide the services under the Agreement. C. Contractor represents and warrants that it has the personnel, equipment, and financial resources to fully and satisfactorily provide services under this Agreement. I" . CONTRACTOR COMPENSATION For all services satisfactorily provided by the Contractor pursuant to the terms of the Agreement, the City shall pay the Contractor $7.75 per household per month for weekly curbside/alley collection of solid waste and commingled recyclables year round and weekly collection of yard 2 compostables from April through October. The City further agrees to pay the Contractor S250.0 plus disposal, as described in Exhibit B of the Contractor's RFP response, for each community clean-up event organized by the City. The Contractor shall submit an invoice to the City on the last day of each month. The City will pay invoices within thirty(30) days of receipt,providing that all services have been satisfactorily performed. V. INSURANCE REQUIREMENTS & INDEMNIFICATION A. Contractor shall obtain and maintain at their sole expense the insurance described in the RFP ("Proposal Submission Requirements"). The Contractor,shall provide certificates of insurance to the City. Provision of such certificates shall be condition precedent to the City obligations hereunder and shall be a condition precedent to the Contractor's commencement of services hereunder. The terms of this provision shall apply to the Contractor throughout the term of this Agreement. The City and their respective officials, departments, employees and agents shall be named as additional insureds in such policies. Coverage may not be terminated or changed by the Contractor except upon thirty(30) days written notice to the City. The policy shall provide insurance to fully cover all operating exposures and any other liability related to operating and maintaining any collection, transport and disposal services. The policy shall not contain any exclusions that will restrict coverage on any operations performed by the Contractor and shall be in a standard form policy provided for by a carrier approved by the State of Iowa. The City's approval of the minimum insurance coverage provided for herein is not intended to and shall not in any way relieve, decrease or limit the liability of the Contractor. It is expressly understood that the City does not in any way represent that the above-specified minimum insurance limits are sufficient or adequate to protect the interest or potential liabilities of the Contractor, B. The Contractor shall assume all responsibility for obtaining any casualty or liability insurance not required to be obtained under the terms of this Agreement but which the Contractor, in its sole discretion, deems necessary to protect its own interests. C. Contractor agrees to and shall hold the City free and harmless, to indemnify and defend. the City from all liability for any claim that may arise by reason of injuries to any employees of the Contractor or its agents who may be injured while performing work or labor in connection. with the Contractor's provision of services pursuant to this Agreement. Such agreement to indemnify, defend and hold harmless shall extend to the City and their respective officials, departments, employees and agents. The Contractor shall provide the City with Certificates of Worker's Compensations Insurance including employer's liability. Provision of such evidence of coverage shall be a condition precedent to the City's obligations hereunder and shall be a condition precedent to the Contractor's commencement of services hereunder. D. Contractor shall hold harmless, indemnify and defend the City and all of its respective. officials, departments, employees and agents from and against any and all damages, costs, 3 claims, liens, fines, suits and the costs and expenses of such (including, without limitation, attorney's fees, consultant's fees,defense and settlement costs) that may arise by reason of or out of any action or inaction by Contractor or its agents, employees or subcontractors, including, without limitation, claims under CERCLA or any other environmental law. E. To the extent allowed by law,the City shall hold harmless and 'indemnify the Contractor from and against any and all damages, costs, claims, liens, fines, suits and the costs and expenses of such(including, without limitation, attorney's fees, consultant's fees, defense and settlement costs) that may arise by reason of or out of the negligent action or inaction by the City or its employees. VI. TERM OF AGREEMENT The Agreement period will be from July 1, 2002, to June 30, 2003. The City may extend the Agreement for a one-year term, if the City and Contractor agree upon the terms and conditions of such renewal. The City shall exercise its option by written notice delivered to the Contractor at least ninety(90) days prior to the commencement of the renewal term; VIL INSPECTION OF OPERATIONS .ND/OR RECORDS The City shall have the right,but not the duty,to inspect any equipment, facility or service used by the Contractor in providing services pursuant to this Agreement and, likewise, the right to inspect and make and keep copies of all boobs and records maintained by the Contractor which relate to the services provided by the Contractor hereunder; at any reasonable time and upon reasonable notice. Such inspections shall be conducted in a manner so as to minimize disruption to the Contractor's business. The Contractor shall cooperate fully with the City during any inspection. VIII. TERMINATION OF AGREEMENT A, This Agreement shall terminate automatically as of midnight, June 30, 2003, unless renewed pursuant to Section V1 of this Agreement. B. This Agreement shall terminate automatically as of the date the Contractor makes a general assignment for the benefit of its creditors or proceedings are commenced in a court of competent jurisdiction for the reorganization, liquidation or voluntary dissolution of the Contractor, or for its adjudication as bankrupt, or for the appointment of a receiver of the property of the Contractor. Upon any termination under this provision, this Agreement shall not be or become an asset of the Contractor in the hands of any trustee or receiver. C, Either party shall have the right to terminate this Agreement at anytime for cause. Cause is defined as any breach by the other party of any provisions of the Agreement, including the warranties and representations, or the insolvency of the Contractor or reason set forth in paragraph WIL(H). The terminating party shall exercise its right to terminate by written notice to the other party of its intent to terminate the Agreement. Such notice shall set forth the reason or 4 reasons for such termination. 'T'he party receiving the notice shall have thirty(30) days following the receipt of such notification to remedy the cause for termination set forth in such notice and if such party shall fail within said thirty(30) days, to remedy such cause, this contract shall terminate. D. Upon termination of this Agreement under the provisions of this section or otherwise,the City shall have no further obligations to the Contractor(except payment for services satisfactorily performed as of date of the written notice of termination and expenses incurred with prior written consent of the City), provided,however, that termination shall not abrogate, impair, release or extinguish any debt, duty, obligation or liability of the Contractor to the City hereunder which may have accrued prior to or arising before such termination, including, but not limited to, any such debt, duty, obligation or liability which was the cause of termination or which may arise out of such cause, and the City shall have the right to withhold any payment or partial payment then due or to become due to the Contractor hereunder for application against any such debt, duty, obligation, or liability. The duty of the Contractor to indemnify,hold harmless and defend shall survive the termination of the Agreement. E. No right or remedy conferred upon the City under the terms of this Agreement, including, but not limited to, the right to termination, shall be exclusive of any other right conferred upon the City under the terms of this Agreement or by law or equity,All such rights are cumulative and no single exercise of any such right or remedy shall preclude the exercise of any other such right or remedy with respect to the same or any other breach by the Contractor. F. In the event of any termination of the Agreement, the City shall have the right to forthwith take possession of copies of all records prepared by or'used by the Contractor in the performance of the Agreement through the date of termination and the Contractor shall have the duty to provide same to the City. G. The City shall have the right to terminate this Agreement if there is an individual or aggregate transfer of interest in ownership of the Contractor at any time or over time greater than forty-five (45) percent. The Contractor shall notify the City of any change in ownership of the Contractor or transfer of any equity interest in the Contractor within ten (10) days of such change. Failure to do so constitutes a breach of this Agreement. IX. MISCELLANEOUS A. Illegal Provisions. If any provisions of the Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. I3. Relationship of Parties. Nothing in this Agreement is intended, nor should it be interpreted or construed, as in any way to establish a partnership between the parties hereto or as constituting the Contractor as the agent,representative or employee of the City or vice versa, for any purpose whatsoever. The Contractor is, and shall remain during the term of this Agreement, 5 constituting the Contractor as the agent,representative or employee of the City or vice versa, for any purpose whatsoever. The Contractor is, and shall remain during the term of this Agreement, an independent Contractor with respect to the performance of the obligations hereunder and in its relationship to the City. C. Nonwaiver. No failure, forbearance, neglect or delay by either party to enforce this Agreement or any provision of this Agreement or to exercise any of such party's rights hereunder shall effect or limit such party'"s right to strictly enforce the same, or constitute or be interpreted as a waiver of any right to enforce this agreement or any provision thereof in the future. D. Resolution of Dispute. Any controversy, claim or dispute.between the parties, directly or indirectly, concerning this Agreement or the breach hereof or the subject matter hereof which. cannot be resolved informally shall be adjudicated or formally settled in Linn County, Iowa. E. No Guarantee. Nothing in this Agreement is intended and shall not in any event be interpreted or construed as any promise or guaranty to the Contractor of any particular quantity of solid waste, recyclable material, or yard waste. Contractor enters into this Agreement in sole reliance on its own skill, knowledge,judgment and investigation concerning all matters that a reasonable and prudent businessperson would investigate before entering into an agreement such as this. F. Headings. Headings in this Agreement are for the sake of convenience and organization and shall not be accorded substantive meaning in the construction and interpretation of this Agreement. G. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Iowa. H. Notice. Contractor shall designate in writing one individual as a primary contact for all matters relating to this contract and shall update such designation as necessary. Except as otherwise herein provided, all notices required or permitted to be served by either parry or the other shall be in writing and shall be deemed given when hand delivered or when mailed by certified mail to the principal office of the party to which notice is given, as follows: If to Contractor: Name„ Dennis Heggen Address: 2401 Scott Blvd SE Iowa City, Iowa 52240 Phone:. 800- 542-8392 Fax: 319-887-1608 If to City: Name: Mary Pacha Address:. 525 Vanderbilt Street PO Box 337 Fairfax, Iowa 52228 Phone: 319-846-2204 Fax: 319-846-3480 6 I. Nondiscrimination. The Contractor agrees that during the term of this Agreement,the Contractor will not, within the State of Iowa or elsewhere, discriminate against any employee or, applicant for employment because of race, color, creed, national origin, ancestry, sex, disability, religion, age (1 S or older), or marital status and will include a similar provision in all subcontracts entered into in connection with the performance of the Contractor's obligations hereunder. I. Assignment. The Contractor shall not assign this Agreement or any part of it to any other party without the express written consent of the City.Nor shall the Contractor pledge, hypothecate or otherwise create any interest, whether for security or otherwise, in any other party to the payments due Contractor under the terms of this Agreement, K. Severabiiity. All parts and provisions of this Agreement are severable. If any part or provision shall be held invalid, the remainder of this Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. CITY: CONTRACTOR.: By By William Voss, Mayor Curtis Hill, ivision Vice Presendent City of Fairfax Waste Management of Iowa 7 CITY OF FAIRFAX,IOWA REQUEST FOR PROPOSAL CURBSIDE COLLECTION OF COMMINGLED RECYCLABLES, SOLID WASTE,BULKY WASTE,AND YARD COMPOSTABLES The City of Fairfax,Iowa, is seeking proposals from qualified firms to provide regular curbside/alley collection of commingled recyclables, solid waste,bulky waste, and yard compostables (leaves,brushy and garden debris) for single family houses; dwellings up to and including eight(8) separate units; City Hall; City Park;Fairfax Library,and the City Maintenance Shop.This is approximately 340 stops. The contract for services will be for one year with possible one-year renewal.All services must be performed in compliance with local, state, and federal ordinances,laws, and regulations. The selected contractor will be paid directly by the City of Fairfax,not by residents. The contract for services begins July 1, 2002,and continues through June 30,2003. SCOPE OF SERVICES The following are the services to be provided by the contractor: • The contractor shall provide labor and equipment needed to collect commingled recyclables and solid waste from City curbsides and alleys on the same day each week from 7:00 AM to 5:00 PM. Should the holidays of New Years Day,Memorial Day,Fourth of July,,,Labor Day,Thanksgiving Day, and Christmas Day fall on collection day,then collection will take place the following day or as designated by the contractor. • To encourage recycling and make the cost of collection more equitable, the City has a volume based. pricing program.For their monthly fee,households are allowed to set out one 34 gallon container (maximum 40 pounds) of garbage as well as an unlimited amount of designated recyclables weekly (or bi-weekly, depending on the contract).Additional waste containers must have a tag affixed. The Fairfax City Council determines the cost of the tags, which are supplied by the City. • The contractor shall provide labor and equipment needed to collect yard compostables (leaves,brush. and garden debris)twice monthly--April through October(fourteen tunes). • Bulky items are to be collected once per year at a designated location.The City will determine the annual collection date and location. The contractor's bid shall be based on weekly collection of the fallowing recyclables: Newsprint Magazines => Mixed Paper Chipboard Corrugated Cardboard => Plastics (1, 2,3,4,5,6„7),excluding styrofoam and motor oil containers ==> Glass (Clear,Brown, Green) => Tin, Steel, and Aluminum Cans 1 PROPOSAL SUBMISSION REQUIREMENTS Responses to this request for pTgposal must be received by 4 PM Wednesday,Aril 3 2002,in the office of the City Clerk, City Hall, 525 Vanderbilt Street,PO Box 337,Fairfax, IA 52228. All responses shall contain an original and six copies of all required submission materials, including Forms 1, H,III, and N. Sealed bids will be o ened at 4:05 PM April 3 2002,at the Fairfax.City Hail. The contract will be awarded at the re ular Fairfax City Council meeting at 7;00 PM Tuesday Aril 9 2002. The solid waste task force will review the bids and recommend a contractor to the City Council.Inquire at the City Clerk's office for the time and meeting date of the task force. The responses must contain the following items: • Company name(including parent company), address,telephone number,fax number, and contact person. • Lisa of three(3)reference cities for which the contractor has provided similar service within the past three (3)years. Include name of city, address,contact person,phone number, and number of years served. • A description of how the services will be provided including: A list of all equipment to be used for collection.Include snake,model,year, and overall capacity for each vehicle. => A description of how service calls will be handled. A description of innovative provisions of the contractor's service, and the additional cost of each of those provisions. Proof of ability to post a bond or letter of credit in the amount of the total amount of the contractor's proposal.Posting of this bond or letter of credit will be required at the time of contract execution. Proof of comprehensive commercial general liability insurance in the amount of$2,000,000 covering bodily injury,property damage,personal injury,and automobile liability. Proof of workers' compensation and employers liability insurance in the amount of$500,000. Proof of a current"Landfill Use Agreement"with Bluestein Solid Waste Agency. 3 FORM I COMPANY INFORMATION Company Name(include parent company,if applicable) Address Business Phone Business FAX Authorized Company Representative/Title Please supply a separate description of the general services which this Company provides and highlight any pertinent experience with solid waste,yard compostables,bulky waste, and recyclables collection activities. Provide appropriate documentation indicating ability to obtain a performance bond or letter of credit meeting the proposal submission requirements. .Authorized Signature )Tate FORM III VEHICLES DESCRIPT101" List proposed equipment and labor to be used by the Contractor to accomplish the collection services. Equipment 1. Vehicle Type (s) Make(s) Model(s) Year(s) Overall capacity of each vehicle(s) Capacity of separate compartments Number of vehicles to be used 2. Describe any additional equipment to be used. Labor 2.Number of personnel operating each vehicle 2. Personnel and/or equipment available for handling calls and mussed pickups. Authorized Signature Date FORM I COMPANY INFORMATION _Waste Management of Iowa _ Company Name(include parent company, if applicable) 2401 Scott BLVD SE Iowa City. Iowa 52240 Address 314 358 9000/800 542 8392 318 887 160$ Business Phone Business FAX Dennis C He en Oryeratinia Unit Manager .Authorized Company Representative/Title Please supply a separate description of the general services which this Company provides and highlight any pertinent experience with solid waste,yard compostables, bulky waste, and recyclables collection activities,. Provide appropriate documentation indicating ability to obtain a performance bond or letter of credit meeting the proposal submission requirements. Waste management of Iowa is a solid waste and recycling hauler with many years of experience in the industry. We provide several local municipalities, many private residents and commercial businesses with solid waste, recycling and yard waste removal. We also have provided many communities with spring cleanup or bulky waste collection services. See attached sheet concerning performance bond. Exhibit(A) / -0 L Authorized Signature Date 5 Toe A.Martinez Marsh USA,Inc. 1000 Louisiana Street Suite 4000 Houston,Texas 77002 713 654 0567)~ax:713 654 0439 Joe.A.Martinez@marstimc.com marshmc.com April 3, 2002 MARSH Mr. Dennis Heggen Waste Management of Iowa, Inc. 2401 Scott Boulevard S.E. Iowa City, Iowa 522:40 Subject; CITY OF FAIRFAX 04/03/02 BID DATE Dear Dennis: Attached please find an executed Bid Bond/Consent of Surety for the above referenced project. The documents are ready for filing with the City. Good luck on your bids and should you have any questions please call. Regards, Ja A. Martinez /j am enclosure SAFECO April 2, 2002 City of Fairfax 523 Vanderbilt St Fairfax, Iowa 52228 Principal: Waste Management of Iowa, Inc. Bid Date: April 3, 2002 Description: City Waste Contract Dear Sir/Madam: We,the Safeco Insurance Company of America, hereby agree that in the event an award is made to Waste Management of Iowa, Inc., on the project as captioned, and a mutually acceptable contract is signed,we will execute the necessary Performance and Payment Bonds, that may be required. Sincerely, Safeco Insurance Comp of America Joe rtinez Atto ey-In-Fact Attachment SAFECO INSURANCE COMPANY OF AMERICA SAFECO LIFE INSURANCE COMPANY GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL. INSURANCE COMPANY OF AMERICA SAFECO NATIONAL. INSURANCE COMPANY SAFECO 14ATI'ONAL, LIFE INSURANCE COMPANY POWER SAFECO Insurance Company A C a PO Box 34526 y OF ATTORNEY Seattle,WA 98124-1526 No. 57'13 _dOW ALL BY THESE PRESENTS: That SAFECO'INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint "**"***""*DONALD R,GIBSON;SANDRA PARKER;WILLIAM L.POWER;MELISSA HADDICK;TANNIS MATTSON;JACQUELINE KIRK;CURTIS WILLEFORD; JOE MARTINEZ;TFRRI MORRISON;MARY ANN GARCIA'-,Houston,Texas*s***************"**"*s********""****«*rrs**s*********"***"****"*"****s its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these Presents this '7th day of November 2001 jJF G R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business.,,On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided,however,that the seat shall not iecessary to the validity of any such instrument or undertalking." Extract from a Resolution ofthe Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or en assistant secretary of the Company setting out, (I) The(provisions of Article V,Section 13 of the By-Laws,and (it) A copy of the power-of-attorney appointment,executed pursuant thereto,and (if!) Certifying that said power-of--attorney appointment is in full force and effect, the signature of'the certifying officer may be by facsimile,and'the seal of the Company may be a facsimile thereof." I, R.A.Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby,certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of April 2002 Cr711;k'g�L to co 4d CORPORMEE y . SEAL SEAL 2953 182% 00 WAS Of�COf 1� R.A.PIERSON,SECRETARY S-09741SAEF 2101 rD A registered trademark of SAFECO Corporation 11twn1 PnF FORM II COMPANY EXPERIENCE Please supply a description of general services provided to the City of Fairfax and/or other communities, highlighting any pertinent experience with solid and bulky waste, recyclables,and yard compostables. Please list communities served in the past three years. Waste management of Iowa currently provides the City of Fairfax and several other communities in the area with curbside collection of solid waste, recycling,and yard waste. We strive as company to be the best in the business, we do this by maintaining clean and safe collection vehicles and having knowledgeable, polite and courteous employees operate them. We also have a customer service program in effect that we call the Service Machine. One of the many functions of the program is to provide a same day service on any missed pickup. If a customer calls in to our office before the end of the day with a missed pickup we will go out and pick that stop up yet that day. Some of the other communities we have serviced in the last three years are the Cities of Mount Vernon, Ely, and Keystone. City of Mount Vernon Serviced for more than 8 years 1-319-895-8742 213 First St West Mount Vernon, IA 52314 Contact:Michael Beimer City of Ely Serviced for more than 8 years 1-319-848-4103 PO Box 248 Ely, IA 52227 Contact: Roberta City of Keystone Serviced for more than 3 years 1-319-442-3246 P'O Box 215 Keystone, IA 52249 Contact: Angie ut orized Sign r Date 6 FORM III VEHICLES DESCRIPTION List proposed equipment and labor to be used by the Contractor to accomplish the collection services. Equipment 1.Vehicle Type(s) Make(s) Frei htliner________ _________ ___ Model(s) Labrie-One Pass Year(s) 1997 Overall capacity of each vehicle(s) 25 yard Capacity of separate compartments 60/40 split Number of vehicles to be used 1 2. Describe any additional equipment to be used. 20,yard Rearload will be used for Yard waste Labor 1.Number of personnel operating each vehicle J 2. Personnel and/or equipment available for handling calls and missed pickups. 17 Peo le 16 Trucks uthorized Signa ur Date 7 FORM IV CONTRACTOR COSTS The undersigned proposes to furnish the collection of yard compostables,commingled recyclables, solid and bulky waste in the City of Fairfax for the following costs: $- --7.75 per household per month for weekly curbside/alley collection of commingled recyclables and solid waste as well as collection of yard compostables according to the scope of work. $ 250.00 plus disposal/see attached Exhibit M per annual collection of bulky items and/or provide a fee schedule for bulky items collected curbside. ALTERNATE BID A $ 7.75 per household per month for weekly curbside/alley collection of commingled recyclables (excluding,glass)and solid waste as well as collection of yard compostables according to the scope of work. ALTERNATE BID B $ 7.75 per household per month for weekly curbside/alley collection of commingled recyclables, solid waste, and yard compostables (April—October). ALTERNATE BID C $ NO BID per household per month for weekly curbside/alley collection of solid waste and bi-weekly(twice per month)collection of commingled recyclables and yard compostables (April—October). ALTERNATE BID D $_____9.25 per household per month for weekly curbside/alley collection of commingled recyclables and solid waste as well as collection of yard compostables according to the scope of work including the provision of one uniform waste container to each household. Describe method of collection of commingled recyclables,solid waste, and yard compostables (brush, leaves and garden debris). The same way.as it_is being done at this time unless you piick Alternate Bid D and we will provide 35 gal carts to each home. Costs for additional services contractor wishes to offer, Please list cost per household, per month and description of service below. (Co :inue on back if necessary.) 1 T3 Authorized Signatur Date EXHIBIT TAGS NEEDED FOR THE FOLLOWING ITEMS 25-REFRIGERATOR 25-PIANO 25-FREEZER 25-AIR CONDITIONER 20-WATER HEATER 20-WASHER 20-STOVE 20-MICROWAVE 20-DRYER 20-DISHWASHER 20-CONSOLE TV 20-BATHTUB 15-SOFA BED 10-SOFA 10-MATTRESS 10-DRESSER 10-CARPET (10X12) 10-BOX SPRINGS 10-TOILET 10-STUFFED CHAIR 10-SMALL TV 10-RECLINER 05-STRAIGHT BACK CHAIR 05-SINK 05-LAMPS Bulky item tags should sale for at least $1.00 each and Waste Management should receive 90% of the tagged amount per item CERTIFICATE OF INSURANCE Date; 11200/YY) 6/122/2002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Insurance Agency of Houston, Inc. ONLY AND CONIFERS NO RIGHTS UPON THE CERTIFICATE 847 San Felipe,Suite 320 .Houston,TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538(Phone) ALTER THE COVERAGE AFFORDED BY THE POLICIES B'dELOW. 866-492-1055 Fax) IN'SUIIIRERS AFFORDING COVERAGE INSURED: WASTE MANAGEMENT, INC', and Insurer A: Pacific Employers Insurance Company Waste Management of Iowa, Inc. Insurer B: Continental Casualty Company 201 SE 13th Street Insurer C: ACE American Insurance Company Des Moines, IA 50317 Insurer D: Indlernnit y Insurance North America Insurer E: INalloinal Union Fire Insurance Company of Pittsburgh,PA COVERAGES THE .POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD (INDICATED NOTWITHSTANDING ANY"REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE(EXHAUSTED BY PAID CLAIMS. ILLTR TYPE OF INSURANCE POLICY NUMBER LIMITS EFFECTIVE DATE EXPIYRATION DATE GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A x COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(ANYONE FIRE) $ 1,000 040 X OCCURRENCE HDO'G19902559 1/1/2002 1/112003 MED EXP(PER PERSON) X XCU INCLUDED PERSONAL 8 ADV INJURY 2.,000,000 X ISO FORM CG 00 01 10 83 GENERAL AGGREGATE 2,,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP.OP.AGG $ 4!,000,000 PROJEGT x LOCATION AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 A X ANYAUTO (EACH ACCIDENT) ALL OWNED AUTOS ISA.IH07686031 1/1/2002 111'',120'03 SCHEDULED AUTOS HIRED AUTOS X NON-OWNED AUTOS X MOS-90 B EXCESS LIABILITYIUMBRELLA CUP-249148673 EACH OCCURRENCE $ 25„000,000 C OCCURRENCE XCIP''19'902675 1/1/2002 1/112003 AGGREGATE. $ 25,000,000 E 'CLAIMS MADE 346 71 09 WORKERS'COMPENSATION WORKERS'COMPENSATION STATUTORY D and IEMPLOYERS LIABILITY WLR'C43126209 1/1/2002 11112003 EL EACH ACCIDENT $ 1,000,000 A SCF C43126167 MI) EL DISEASE-EA EMPLOYEE $ 1,000,000 EL DISEASE-POLICY LIMIT $ 1,000,000 REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNIEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS: GBOXK ZI', BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. ZI CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL(INSURED(EXCEPT FOR WORKERS'COMPIEL)..WHERE,AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER: CANCELLATION(: SHOULD ANY OF THE ABOVE(DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL,W(DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESFNTATpVF:.q*EXCEPT 1 n DAYS NOTICE FOR NONPAYMENT'. City Of Fairfax 525 Vanderbuilt Street/P.O. Box 337 AUTHORIZED REPRESENTATIVE: Fairfax, IA 52228 ��—� MILLENNIUM CORPORATE PARK BLDG.C 18400 NE UNION HILL ROAD REDMOND,WA 98052 - I 'E ORMANCE BOND Bond 6167077 KNOW ALL BY THESE PRESENTS,That we. WASTE MANAGEMENT OF IOWA, INC. (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firn3ly bound unto CITY OF FAIRFAX (hereinafter called the Obligee), inthesumof Thirty Five Thousand and 001 100----------------- - -- - ------- -----------_---- --_- - -- - - -- ---- --- - - 35,000.00 Dollars, for the a (� ) payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,. jointly and severally,fm-nly by these presents. Signed and sealed this 21 st day of May 2002 WHEREAS,said Principal has entered into a written Contract with said Obligee,dated for COLLECTION OF RESIDENT SOLID WASTE, RECYCLING AND YARD WASTE FOR THE TERM JULY 1_21002 THROUGH 7/1103. in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW,"T"HEREFORE, THE CONDITION OF'THIS OBLIGATION IS SUCH,That if the abovb bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the tirnes and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be conunenced within two(2)years following the date on which Principal ceased work on said Contract. i WASTE MANAGEMENT OF IOWA, INC., Principal By Melissa Haddick, Attorney in Fact SAFECO INSURANCE COMPANY OF AMERICA By qvLgla-4�— J Martinez Attorney-in-Fact S-0757/SAE IF 1 i0✓99 0 Registered trademark of SAFECO Corporation. E Power of Attorney KNOW ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A attached hereto (individually, the "Corporation") does hereby constitute and appoint Robert Bruce, Donald R. Gibson, Melissa Haddick, Jacqueline Kirk, Tannis Mattson, Terri Morrison, and Sandra Parker of Marsh iLUSA Inc. as its true and lawful agent to execute and delliver, in the Corporation's name and on the.Corporation's behalf„ surety, performance, bid and payment bonds and to affix thereon the Corporation's seal. IN WITNESS WHEREOF, the Corporation has caused this instrument to be signed by its Vice President and Treasurer and its corporate seal to be affixed hereto this 21st day of May 2002. Witness: Waste Management, Inc. Donna L. Meals Ronald H. Jones Director, Financial ssurance Vice President and Treasurer i P13281329409 Ontario Inc. NA-0000001 Active 1329 3368084 Canada Inc. NA-0000003 Active 1330 635952 Ontario Inc. NA-0000005 Active 11331 709292 Alberta Ltd. NA-0000006 Active 1332 730810 Alberta Ltd. NA-0000007 Active 1333 740922 Alberta Ltd. NA-0000008 .Active 1334 .762570 Alberta Ltd. NA-0000009 Active 01105 A-1 Compaction Inc. 13-2631473 Active 1336 Acaverde S.A. de C.V. NA-0000010 Active 11337 Acaverde Servicios, S.A. de C.V. NA-0000011 Active 11448 Adam J. 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Capital Sanitation.Company 88-0121888 Active 1011196 Capitol City Disposal, Inca 840645674 Active 0377 Capitol Disposal, Inc. 76-0638591 Active 0198 Caramella-Ballardini, Ltd. 88-0173055 Active 0199 Cardinal Ridge Development, Inc. 38-3020653 Active 11030 Carleton Farms Landfill, Inca 38-3406996 Active 02010 Carmel Marina Corporation 94-2643722 Active 0201 Carolina Grading, Inc. 57-0923608 Active 0202 Carver Transfer& Processing, LLC 41-1767917 Active 0203 Cedar Hammock Refuse Disposal Corporation 59-0804577 Active 0204 Cedar Ridge Landfill, Inc. 62-1727570 Active 0205 Central Disposal Systems„ Inc. 42-0995450 Active 0206 ICentral Missouri Landfill, Inc. 43-1397423 Active 0207 lCentral Valley Waste Services, Inc. 06-1487145 Active 0208 lChadwick Road Landfill, Inc. 58-1798581 Active 0209 Chambers Clearview Environmental Landfill, Inc. 25-1652556 Active 0210 Chambers Development Company, Inc. 25-1214958 Active 0211 Chambers Development of Ohio, Inc. 76-0694900 Active 1590 Chambers of Asia NA-0000159 Active 01168 lCharnbers of Georgia, Inc. 58-2397639 Active 1587 Chambers of Hong Kong, Inc. 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International Ltd. NA-0000029 Active 0350 Farmer's Landfill, Inc. 43-0863680 Active 0351 Feather River Disposal, Inc, 06-1479349 Active 01,353 Fernley Disposal, Inc. AF-0000023 Active 11479 Field of Dreams Recycling Center Inc. 41-1875126 Active 0358 Front Range Landfill, Inc. 76-0479974 Active 0359 Frontier Environmental', Inc. 59-3221517 Active 0361 G.C. Environmental, Inc 76-0352898 Active 0367 JG.I. Industries 87-0430285 Active 0362 GA Landfills, Inc. 58-2293782 Active 01363 Gallia Landfill, Inc. 31-1509605 Active 0364 Garnet of Maryland, Inc. 52-1916417 Active 1595 JGCP Engineering Ltd NA-0000164 Active 1359 Geolining Abdichtungstechnik GmbH NA-0000032 Active 0366 Georgia Waste Systems, llinc. 58-1028526 Active 11360 Gestion Des Rebuts D.M.P'. 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NA-0000066 Active 1589 Rust Engineering NA-0000158 Active 15+84 Rust Engineering-Brazil NA-0000153 Active 01626 Rust Engineering &Construction Inc. 63-1081016 Active 1593 Rust Engineering (Thailand) (Ltd i NA-0000162 Active 0628 Rust International Holdings Inc. 36-3777345 Active 0629 Rust International Inc. 63-1081055 Active 1591 Rust Sweden Holdings NA-0000160 Active . 1592 Rust VAR Projekt AB NA-0000161 Active 0635 S &S Grading, Inc. 58-1858013 Active 0632 S&J Landfill Limited Partnership 76-0404581 Active 0636 S. V. Farming Corp. 22-2976860 Active 1394 S.E.R.B.S.A. de C.V. NA-0000067 Active i 1396 Salutec SA hNA-0000069 Active 0642 Sanifill de Mexico (US), Inca 76-0419331 Active 11397 Sanifill de Mexico, S.A. de C.V. NA-0000070 Active 0644 Sanifill of Florida, Inc. 59-3366098 Active 1317 Sanifill of San Juan, Inc. NA-0000071 Active 0649 Sanifill Power Corporation 76-0496422 Active 0652 SC Holdings, Inc. 36-2898300 Active 1459 Serrot Corporation (Europe)GmbH NA-0000075 Active 0659 Serrot International, Inc. 36-3053263 Active 0503 Serrot International, Inc. Sales Corp 66-0490113 Active 1400 Serubam Services Urbanos E Ambientais Ltda NA-0000077 Active .1580 Servicios de Technologia Ambiental SA de CV NA-0000149 Active 1583 Servicios Integrales Protecc'ion Ambiental SA de CV NA-0000152 Active 0660 SES Bridgeport L.L.C. 364057298 Active 0661 SES Connecticut Inc. 02-0390443 Active 0662 SF, Inc. 76-0472287 Active 0663 Shade Landfill, Inc. 23-2886198 Active 0665 Shoreline Disposal Service, Inc. 94-2680045 Active 0666 Sierra Estrella Landfill, Inca 86-0717293 Active 0667 . Signal Capital Sherman Station Inc. 02-0390302 Active 0668 Signal Resco, Inc. 02-0381368 Active 01,669 Smyrna Landfill, Inc. 25-1562752 Active 0673 Sonoma-Marin Waste Management, Inc. 68-0016286 Active 0676 Southern Alleghenies Landfill, Inc. 25-1249160 Active 0677 Southern Plains Landfill, Inc. 73-1384828 Active 1455 Southern Services of TN, L.L.C. 62-1612922 Active 1456 Southern Services of TN, L.P. 62-1443617 Active 067'9 Southern Waste Services, IL.L_C. 61-1342585 Active 0681 Spruce Ridge, Inc. 41-1591957 Active 1017 Stony Hollow Landfill, Inc. 76-0638597 Active 0685 Storey County Sanitation, Inc. 88-0264671 Active 10118 Suburban Landfill, Inc. 76-0638596 Active 0,692 Super Cycle, Inc. 41-1642303 Active 1566 Texarkana Landfill, L.L.C. ° 69-0003497 Active 0700 The Waste Management Charitable Foundation 04-3073733 Active 07,011 The Woodlands of Van Buren, Inc. 36-3791221 Active 0703 Three. Rivers Disposal, Inc. 81-0483309 Active 0705 TNT Sands, Inc. 57-0937314 Active 0706 Tonitown Landfill, Inc. 71-0811099 Active 0707 Town and Country Refuse, Inc. 59-1224889 Active 0708 Trail Ridge Landfill, Inc. 36-3667296 Active 07110 Transamerican Waste Central Landfill, Inc. 76-0463386 Active 07113 Transamerican Waste Industries Southeast, Inc. 76-0438549 Active 0714 Transamerican Waste Industries, Inc. 13-3487422 Active 07'17 Transwaste, Inc. 72-1175292 Active 07'19 . Trash Hunters, Inc. 64-0852590 Active 0720 Tri-County Sanitary Landfill, L.L.C. 61-0959217 Active 0723 Twin City Sanitation, Inc. 41-1535952 Active 1572 TX Newco, LLC 69-0003504 Active I 0727 United Waste Systems Leasing, Inc. 38-3324143 Active 0728 United Waste Systems of Gardner, Inc. 04-3320949 Active i 0730 United Waste Systems of Minneapolis, Inc. 41-1858816 Active 0731 United Waste Systems of Minnesota, Inc. 41-0837593 Active 0735 United Waste Systems, Inc. 41-1829772 Active 0736 United Waste Transfer, Inc. 41-1808172 Active 0739 USA South Hills Landfill, Inc. 25-1139448 Active 0740 USA Valley Facility, Inc. 23-2886199 Active 0743 I USA Waste Geneva Landfill, Inc. 34-1802751 Active 0745 JUSA Waste Industrial Services, Inc. 76-0555049 Active 1023 USA Waste Landfill Operations and Transfer, Inc. 76-0435557 Active 0741 USA Waste-Management Resources, L.L.C. 13-3853086 Active 0749 USA Waste of California, Inc. 68-0306154 Active I 0747 USA Waste of DC, Inc. 52-1884250 Active 07'50 USA Waste of Kentucky, L.L.C. 6171342584 Active 0751 JUSA Waste of Maryland, Inc. :52-1965713 Active 0754 USA Waste of Minnesota, Inc. 41-1824399 Active 0756 USA Waste of Mississippi, Inc. 64-0806536 Active 0761 USA Waste of New York City, Inc 11-3301809 Active 0766 USA Waste of Pennsylvania, L.L.G. 742929886 Active 0769 USA Waste of Texas.Landfills, Inc. 76-0322548 Active. 0770 USA Waste of Virginia Landfills, Inc. 58-1932248 Active 0772 USA Waste of Virginia, Inc. 25-1578667 Active 0767 USA Waste San Antonio Landfill, Inc. 91-2155334 Active 0774 USA Waste Services North Carolina.Landfills, Inc. 56-1982455 Active 01775 USA Waste Services of Nevada, Inc. 76-0656629 Active 0776 USA Waste Services of NYC„ Inc. 11-3301808 Active 0'777 USA Waste Services-Hickory Hills, L.L.C. 61-1342594 Active 0737 USA-Crinc, Inc. 04-3299253 Active 0781. UWS Barre, Inc. 04-3320948 Active 0787 Valley Garbage and Rubbish Company, Inc. 95-2090787 Active 0789 Van Handel Waste, Inc. 39-1575458 Active 0791 Vern's Refuse Service, Inca. 45-0435644 Active 0792 VHG, Inc. UK-0000023 Active 0993 Vickery Environmental, Inc., 31-1153176 Active 01794 Voyageur Disposal Processing, Inc. 41-1734827 Active 07'95 Voyageur Leasing, Inc.. 41-1822351 Active 0796 Voyageur Services, Inc, 41-1766783 Active 0797 WIW Risk Management, Inc_ 06-1165313 Active 0801 Warner Company 51-0281233 Active 0802 Warner Hill Development Company 34-1043478 Active 0805 Wasco Landfill, Inc. 68-0236309 Active 0811 Waste Away Group, Inc. 63-0898842 Active 0812 Waste Control Systems, Inc_ 41-1800466 Active 0742 Waste Management Arizona (Landfills, Inc. 86-0683003 Active 1,417 Waste Management Austria imbH NA-0000092 Active 0814 lWaste Management Collection and Recycling, Inc. 95-2621587 Active 14118 Waste Management Controlladora, S.A, de C.V. NA-0000093 Active 1419 Waste Management de Mexico S.A. de C.V. NA-0000094 Active 08'16 Waste Management Disposal Services of Colorado, Inc. 84-1004487 Active 01817 Waste Management Disposall Services of Maine, Inc. 01-0392888 Active 0818 lWaste Management Disposal Services of Maryland, Inc. 36-2898301 Active 0819 Inc. 04-2320990 Active 01820 Waste Management Disposal Services of Oregon, Inc. 36-3548405 Active 0822 Waste Management Disposal Services of Pennsylvania, Inc. 23-1655318 Active 0823 Waste Management Disposal Services of Virginia, Inc. 36-3791008 Active 0824 lwaste Management Disposal Services of Washington, Inc. 36-3743343 Active 1,421 Waste Management Environmental Services B.V. 98-0356001 Active 0825 Waste Management Environmental, L.L.C. 364290120 Active 0829 Waste Management Financing Corporation 364200855 Active 0,831 Waste Management Holdings, Inc. 36-2660763 Active 09,03 lWaste Management Inc. of Florida 59-1094518 Active 1422 Waste Management International B.V. NA-0000096 Active 1424 Waste_Management International plc NA-0000097 Active 1425 Waste Management International Services (UK) Limited NA-0000098 Active 1426 Waste Management International Services Ltd. 98-0336025 Active 0832 Waste Management International, Inc. 36-3255004 Active 1423 Waste Management International, Ltd. NA-0000099 Active 0833 Waste Management Municipal Services of California, Inc. 77-01 51 38 5 Active 1476 Waste Management National Services,Inc. 76-0686861 Active 1,024 Inc. 04-3509618 Active 0834 Waste Management of Alameda County, Inc. 94-0727420 Active I 0748 Waste Management of Alas'Nra, Inc. 91-1879241 Active 0835 Waste Management of Arizona, Inc. 86-0198265 Active 01,836 Waste Management of Arkansas, Inc. 04-2814811 Active 0837 Waste Management of California, Inc. 95-1735737 Active 0839 Waste Management of Carolinas, Inc. 56-0731307 Active 0840 Waste Management of Central Florida, Inc. 59-1991460 Active 0841 Waste Management of Colorado, Inc. 84-0523684 Active 0843 Waste Management of Connecticut, Inc. 06-1485581 Active 01844 Waste Management of Delaware, Inc. 51-0094505 Active 0845 Inc. 37-1035820 Active 0846 Waste Management of Flint Inc. 91-2155354 Active 0847 Waste Management of Floriida Holding Company, Inc. 36-3993947 Active 0848 Waste Management of Georgia, Inc. 36-3319564 Active 1019 Waste Management of Hawaii, Inc. 76-0638599 Active 08'52 lWaste Management of Idaho, Inc. 82-0364976 Active 0853 lwaste Management of Illinois, Inc. 36-2660859 Active .0854 Waste Management of Indliiana Holdings One, Inc. 36-4039079 Active i` 0855 iWaste Management of Indiana Holdings Two, Inc. 36-4059574 Active 0856 Waste Management of Indiana„ L.L.C. 36071447 Active € 0858 Waste Management of Iowa, Inc. 42-0824220 Active 01859 Waste Management of Kansas, Inc. 48-0634806 Active 01860 Waste Management of Kentucky Holdings, Inc. 36-4059575 Active 0861 Waste Management of Kentucky L.L.C. 36-4035849 Active 0862 Waste Management of Leon County, Inc. 36-3319565 Active 0863 Waste Management of Louisiana Holdings One, Inc. 36-4142119 Active 0865 Waste Management of Louisiana, U.C. 36-4119910 Active 0866 Waste Management of Maiine, Inc. 01-0267739 Active 0868 Waste Management of Maryland, Inc. 52-0250430 Active 0869 Waste Management of Massachusetts, Inc. 04-2535063 Active 0544 Waste Management of Metro Atlanta, Inc. 58-1937966 Active 01870 Waste Management of Michigan, Inc. 38-1214786 Active 01871 Waste Management of Minnesota, Inc. 36-2698820 Active 0872 Waste Management of Mississippi, Inc. 36-3005295 Active 0873 Waste Management of Missouri, Inc. 43-0992367 Active 0874 Waste Management of Montana, Inc 36-3564773 Active 0875 Waste Management of Nebraska, Inc. 36-3469702 Active 0758 Waste Management of Nevada, Inc. 88-0394159 Active 0'876 Waste Management of New(Hampshire, Inc. 04-2482447 Active 0877 lWaste Management of New Jersey, Inc. 36-3700143 _Active 0878 Waste Management of New(Mexico, Inc. 85-0229020 Active 0879 Waste Management of New York, L.L.C. 36-4206797 Active I 0,880 Waste Management of North Dakota, Inc. 36-3798294 Active 0763 Waste Management of Ohio, Inc. 25-1673264 Active 0883 Waste Management of Oklahoma, Inc. 73-0685975 Active 01764 Waste Management of Oregon, Inc. 93-0612655 Active 0885 Waste Management of Pennsylvania, Inc. 25-1232336 Active 0886 Waste Management of Rhode Island, Inc. 36-3668109 Active 0887 Waste Management of South Carolina, Inc. 36-2935124 Active 0888 Waste Management of South Dakota, Inc. 46-0348394 Active 0889 Waste Management of Texas, Inc. 75-1223528 Active 0718 Waste Management of Tunica Landfill, Inc. 64-0869334 Active 0890 Waste Management of Utah, Inc. 87-0302156 Active 0892 Waste Management of Virginia, Inc. 54-0755417 Active 0806 Waste Management of Washington, Inc. 36-3846342 Active 0893 Waste Management of West Virginia, Inc. 36-3553198 Active 0894 Waste Management of Wisconsin, Inc. 39-0967466 Active 0895 Waste Management of Wyoming, Inc. 36-3828554 Active 0896 Waste Management Paper Stock Company, Inc. 36-3726719 Active 0897 Waste Management Partners, Inc. 36-3220911 Active 0898 Waste Management Plastic(Products, Inc. 36-3761543 Active 1558 Waste Management Quebec Holdings, Inc. 76-0695141 Active G899 California, Inc. 95-2370376 Active 0773 Waste Management Recycling of New Jersey, Inc. 22-2508079 Active is 11034 Waste Management Serviice Center, Inc. 76-0659309 Active 1431 Waste Management Services SA NA-0000j01 Active '1432 Waste Management Soutlh America B.V. NA-0000102 Active 10,901 Waste Management Technology Center, Inc. 36-3519386 Active 1441 Waste Management Thaiillaind B.V. 98-0204718 Active 0779 Waste Management Transfer of New Jersey, Inc. 22-2564195 Active 0102 Waste Management, Inc. 73-1309529 Active 0904 Waste Management, Inc. of Tennessee 36-2935128 Active 0905 Waste Resource Technologies 94-3115054 Active 01906 Waste Resources of Tennessee, Inc. 54-0838353 - Active 1035 Waste to Energy Holding's„ Inc. 76-0652923 Active 11036 lWaste to Energy I, LLC 02-0519035 Active 1037 lWaste to Energy 11, LLC 02-0519036 Active 0908 lWastech Inc. 93-0936732 Active 0'912 lWebster Parish Landfill, L.L.C. 62-1772690 Active 0913 IWESI Baltimore Inc. 02-0357495 Active 0914 JWESI Capital Inc. 36-3861933 Active 0915 IWES1 Peekskill Inc. 02-0363274 Active 0916 IWESI Westchester Inc. 02-0360305 Active 10917 West Essex Disposal Coi.a Inc. 22-1844476 Active 0919 Westchester Resco Associates, L.P. 02-0367753 Active 0921 Westchester Waste Services Co., L.L.C. 13-4064749 Active 1475 Western One Land Corporation 76-0688224 Active 0924 lWestern U.P. Landfill, Inc. 38-3110170 Active � 0925 lWestern Waste Industries 95-1946054 Active 1573 Western Waste of Texas, LLC 69-0003505 Active j 1588 Wheelabrator Alloy Castings Ltd NA-0000157 Active 0929 Wheelabrator Baltimore, L.L.C.' 36-4057301 Active 0154 Wheelabrator Baltimore„ L.P. 36-4057307 Active 0180 Wheelabrator Bridgeport, L.P. 36-4057309 Active 0930. Wheelabrator Carteret lnc. 36-4148540 Active 0931 Wheelabrator Cedar Creek Inc. 02-4443870 Active 0932 Wheelabrator Claremont Company,L.P. 020390003 Active 0935 Wheelabrator Concord Company, L.P. 02-0394017 Active 0936 lWheelabrator Concord Inc. 02-0393450 Active 0'937 Wheelabrator Connecticut Inc. 36-3908786 Active 0938 Wheelabrator Culm Services Inc. 02-0442574 Active 0940 Wheelabrator Environmental Systems Inc. 02-0412779 Active 0941 Wheelabrator Falls 4-3Q24782 Active Inc.,a 0942 Wheelabrator Frackville Energy Company Inc. 02-0393452 Active 0943 Wheelabrator Frackville Properties Inc. 04-3100742 Active 0944 Wheelabrator Fuel Services Inc. 02-0442576 Active 0946 Wheelabrator Gloucester Company, L.P. 02-0396724 Active 0947 Wheelabrator Gloucester Inc. 02-0391601 Active 0948 Wheelabrator Guam Inc. 36-3926262 Active 0949 Wheelabrator Hudson Energy Company Inc. 04-3048379 Active 0950 Wheelabrator Land Resouirces Inc. 04-3036313 Active 0951 Wheelabrator Lassen Inc. 36-3926261 Active 10609 Wheelabrator Lisbon Inc. 61-1167063 Active 0952 Wheelabrator Martell Inc. 36-4051558 Active 0953 Wheelabrator McKay Bay Inc. 36-3240315 Active 0954 Wheelabrator Millbury Inc. 02-0412788 Active 0955 Wheelabrator New Hampshire Inc. 02-0390002 Active 0956 Wheelabrator New Jersey. Inc. 02-0391598 Active 0957 Wheelabrator NHC Inc. 02-0393448 Active 0460 Wheelabrator North Andover Inc. 36-3062971 Active 0958 Wheelabrator North Broward Inc. 04-3030218 Active 0959 Wheelabrator North Shore IInc. 02-0416066 Active 0960 Wheelabrator Norwalk Energy Company Inc. 02-0395269 Active 0961 Wheelabrator Penacook Inc. 02-0393449 Active 0962 Wheelabrator Pinellas Inc. 36-3110153 Active I 0963 Wheelabrator Palk Inc. 36-3820155 Active i 0966 Wheelabrator Putnam Inca. 36-3908789 Active 0967 Wheelabrator Ridge Energy Inc. 36-3820153 Active 0968 Wheelabrator Saugus Inc. 13-2740971 Active 0584 Wheelabrator Saugus, J:' . 04-2530905 Active 0969 Wheelabrator Shasta Energy Company Inc. 02-0395274 Active I 0970 Wheelabrator Sherman Station Energy Company, G.P. 02-0390349 Active j 0971 Wheelabrator Sherman Station One Inc. 02-0390312 Active 0972 Wheelabrator Sherman Station Two Inc. 02-0390311 Active 0973 Wheelabrator Shrewsbury Inc. 02-0416064 Active 0974 Wheelabrator South Broward Inc. 02-0410154 Active 0975 Wheelabrator Spokane Inc. 02-0416522 Active 0977 Wheelabrator Technologies Inc. 22-2678047 Active 0976 Wheelabrator Technologies International, Inc. 36-3965264 Active j 0920 Wheelabrator Westchester, L.P. 02-0367751 Active 0980 White Lake Landfill, Inc. 38-1889893 Active 0985 Williams Landfill, L.L.C. 61-.1342579 Active 1556 WM Energy Solutions, Inc. 76-0695139 Active 0987 WM International Holdings, Inc. 76-0607203 Active 1020 WM Landfills of Georgia, IInc. 76-0638601 Active 1021 WM Landfills of Michigain, Inc. 76-0638598 Active 0613 WM Landfills of Ohio, Inc.. 31-1509696 Active 0647 WM Landfills of Tennessee, Inc. 62-1462526 Active 1579 WM Mexico Services SA de CV NA-0000148 Active 0989 WM Partnership Holdings, Inc. 36-3974344 Active 0990 WM Resources, Inc. 25-1536159 Active 1440 WM Services SA NA-0000108 Active 1013 WM Trading, Inc. 76-0638594 Active 0991 WM Transportation Services, Inc. 76-0639311 Active 0992 JWMI Medical Services of Indiana, Inc. 35-1724992 Active 0994 JWMI Mexico Holdings, Inc. 36-3912290 Active l 0996 WMNA Container Recycling, Inc. 36-3716971 Active 0997 WMNA Rail-Cycle Sub, Inc. 36-3706246 Active 1575 WMST Illinois, L.L.C. AF-0000034 Active 1576 WMST Nevada, L.L.C. AF-0000035 Active 0928 WTI Air Pollution Control Ilnc. 36-4110833 Active 1002 WTI International Holdings Inc. 36-3908839 Active 1005 WTI Rust Holdings, Inc. 02-0351425 Active 1006 Wynne's Rubbish & Recycling, Inc. 41-1619393 Active 11007 Yell County Landfill, Inc. 71-0692520 Active 1008 Zenith/Kremer Material Recovery, Inc. 41-1735813 Active "1009 Zenith/Kremer Waste Systems, Inc. 41-1405460 Active 1 i' I 1 i I', POWER SAFECO insurance Company 5 A F E C �` P0 Y3ooc 34526 OF ATTORNEY Seattle,WA 98124-1526 No_ 5713 KNOW.ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each heret appoint **********DONALD R.GIBSON;SANDRA PARKEIZ;VnLLIAM L.POWER;MELISSA HADDICK,TANNIS MATTSON;JACQUELINE KIRK;CUR nS WILLEFORD: JOE MAR;TINEZ;TERRI MORRISON-,MARY ANN GARCIA;Houston Texistt*tt*«stt«ts«s«ss s««««**tttt**t**t*«««s«as ss«s«xt*ttss«*sss:s»x**tttt*t««*xxxxxts««xy its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety!bonds or undertakings and other documents o'f a similar charact issued in the course of ifs business,and to bind the respective thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed ac attested these presents this 7th day of November 2401 _j:R 4 Lt— CY-4-1 R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13.- FIDELITY AND SURETY (BONDS ...the President, any Vice President,,the Secretary, and any Assistant Vice President appointed for d purpose by the officer in charge of surety operations„shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authori) execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of iris business___On instrument making or evidencing such appointrnent„ the signatures may be affixed by facsimilie.. On any instrument conferring such author or on any bond undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however„that the seal shall be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out„ The provisions of Article V,Section 13 of the By-Laws,and Sri) A copy of the power-0f-attorney appointment,executed pursuant thereto,and Ciit) Certifying that said power-ofettomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seat of the Company may be a facsimile thereof." - 1,R-A.(Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA„do hereby certify that foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true correct„and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 20th day of May 2002 i ECpA�p SEAL »EAL X "L" -lot's �lEOf tV1� R.A.PIERSON,SECRETARY S-09741SAEF 2/01 0 A registered trader—rk of SAFECO Corp 11 R.- ATTACHMENT A FOLLOWS: E I I LAN 1. FILL U, AUKL'1MV11-t�t Return signed landfill use agreement to. Bluestein Solid Waste Agency P.O. Box 2068 Cedar Rapids, Iowa 52406 Tel,# (319) 398-1278 Fax# (319) 398-1279 GENERAL TERMS: 'leis Agreement is made and entered into as of ­�/Jqbj by and between Bluestein Solid Waste Itgency_Linn County, Iowa (herein called "Bluestem') and s AU141erein called "Account Holder").. T IS ACRE'ED: 1. TRRM OF AGREEMENT. The terns of-this Agreement shall be effective oil tine above date. Unless terminated by either party as hereinafter providled, die Agreement shall rentain in effect sit long as all ternis and conditions of this Agreement are met. Either part), may terminate this Agreement by delivery of written notice to die other party_ At least thirty (30) calendar days written notice of termination shall be given. 2. _ Bluestem agrees to provide reasonable access and use of its landfill facilities under tie - provisions of this Agreement. Account Holder agrees to use facilities in accordance with all applicable federal and state legislation, all applicable. (local ordinances and all applicable federal, state and local administrative rules in order to promote the health, safety and welfare of the citizens of IBluestehn's service area. 3 VEHICLE AND EQUIPMENT IDENTJEICATION Account Holder agrees to affix additional identifying numbers, characters, codes, tion-proprietary !logos, symbols or other visual identifiers to Account Holder's waste vehicles and containers, if required by Bluestenh_ Bluestein agrees to provide, at Biuestem's cost, printed stickers, magnetic or painted signs or oilier means of identifying vehicles and containers, as necessary, to meet this requirement. Account Holder agrees to inform Bluestein of the [teed for replacement or maintenance of the identification information oil Account Holder's vehicles and containers and to otherwise assist in assuring that the identification of individual veltictes and containers earl be uhade, if required, including prompt signage of new vehicles or containers and prompt reporting of decommissioned vehicles or containers. 4. CHARCiE ACCOUNT. If a charge account is desired, Account Holder.agrees to complete a Charge Account Application forte. Account Holder certifies that die infonuation submitted oil the Charge Account Application form is true and correct and the infornhation provided to Bluesteni for its intended purpose will be held in strict confidence, to the extent allowed by law. 5_ SECI[RELY DEPOSIT . A$500 security deposit payable to Bluestern Solid Waste Agency shall be submitted along with the Charge Account Application form and this Agreement_ Tltis thon-interest bearing security deposit shall be refundable after tlhe charge account has 12 mouths of service with Bluestein and the outstanding bal- ance is current, or, the account is terminated due to die Account Holder's request with all outstanding invoices paid in full, or, Account Holder's charge account was denied at die time of Charge Account Application. 6_ CH ARGE ACCOUNI DENIAI Bluestem niay deny an Account Holder a charge account for whatever purpose deemed necessary. Denial of charge status allows landfill use privileges tan a "cash only" basis. 7- PRICE OF DISPOSAL SERVICES Bluestem shall establish a disposal or management fee for its services based upon die net weight of material delivered to it at die appropriate disposal site or based upon a per-itent- fee. The annual rate structure of fees for materials brought to the disposal site shall be those adopted by Bluestein's Board of Directors or as set out by Administrative Rules (If the Agency_ 8, MFT140D OF PAYMF.N Account Holder agrees to pay for all services used. Payment for services provided under diis Agreement shall be cash, business/cashier's check, or wire transfer of funds to a location desig- nated by Bluestein. Page I of 3 Return signed landfill use agreement tong. Bluestein Solid Waste Agency P.O. Box 2068 Cedar Rapids, lows 52406 Tel.# (319) 398-1278 Fax# (319) 398-1279 9, PAYMENT TFRMS_ Terris of payment for services provided under dhis Agreenhetit are "Net Due Upon Receipt" of die monthly invoice with all charges becomthin�g delinquent and subject to fiance fees after 30 days front tie invoice date. A monthly invoice showing at[ charge ticket mauler;assigned to die Account Holder for services provided under this Agreement shall lie sell( by Bluestein to the address designated oil die Account Holder's Charge Account Application form. l0_ FINANCE CHARGE. Bluesteni shall impose a tlnanCe charge for balances renhaining unpaid over 30 days from tine invoice date. Current rates wilt Ibe assessed at 1.50% per month aim die past due balance. It- Bluestein shall iuhlxhtic a$15.00 fee for each check returned non-sulfic. ietu funds "NSF". 12_ SUSPENSION OF CHARGE ACCOUNT . Bluestem and Account Holder mutually agree that the charge account will be suspended when unpaid invoices are greater than 60 days old front die invoice date. No future landfill services will be made oil charge until the balance over 60 days is paid it) full. 1.3 CQLLECTION FEES: The Account Holder shall pay to Bluestem all .attorney or collection agency fees incurred by Bluestein related to t1011-payment for charges provided under this Agreement. Bluestem agrees to give written notice to the Account Holder indicating any action to be taken. 14. LIQUIDATIOLIORBANKRIJETCY. [lithe event tine Account Holder ceases to do business under the current business name, or files ant order for M-nkrupicy proceedings, this Agreement shall tertuivate. 15. INDEMNITY. Bluestein and Account Holder shall protect, defend, indemnify and keep and save harmless the other party, including the partners, directors, employees, and successors of the other party from any and all claims, causes of action or demands which in any way relate to or arise out of actions taken pursuant to this Agreement and which are caused by tile action,or failure to act of the indemnifying party or of its employees. Such indemnification obligation shall not, however, extend from rite indemnifying party to the other party for the negligence or intentional misconduct of die other party or its employees, I 16. ASSIQNABILITY. Assign anent of this Agreement by either party is prohibited. 17. NQTICES. All notices under this Agreement shall be in,writing*and shall be deemed given when personally delivered, or when mailed by United States certified mail or registered nmil, return receipt requested. All not%ces shall be delivered to the contacts (listed, or to identified contacts as updated by the parties: BLUESTEM SOLID WASTE AGENCY ACCOUNT HOLDER David M. Hogan, Executive Director P_O. Box 2068 Cedar Rapids, la. 52406-2068 18. L AWS ND FORCE M AM JRF. The provisions of this Agreement shall be subject to all valid and applicable federal, state, county, municipal and other governmental laws, executive orders, ordinances, rules, regulations, and acts. This Agreement shall nor he terminated, in whole or in part,, nor shall either party be held liable in damages, for failure to Comply herewith, if compliance is prevented by,or the failure is a result of, any such . law, order, ordinance. rule, regulation, act, permitting requirement... or due to Force Majeure. The parties thereto have no knowledge of any laws order, ordinance, rule, regulation, act or permitting requirement currently in force and effect witich would prevent either party from performing Itereutuler.This Agreement shall be interpreted under the laws of tike State of Iowa. Pa,--c 2 of 3 LANDFILL USE AGREN:1V1LIN I Return signed landfill use agreemetu to: Bluestein Solid Waste Agency P.O. Box 2068 Cedar Rapids, Iowa 52406 Tel.# (319) 398-1278 Pax#(319) 398-1279 l9, INSURANCE. Account Holder shall secure and maintain insurance coverages for personnel and equipment which eater upon the premises of Bluestein under this Agreement, as follows: Workers' Compensation on Insurance covering liability under applicable workers' compensation law. Automobile Liability and Medical Insurance covering public: liability and property damages in a combined single limit of not less than$2,000.000.00, each occurrence, for death or injury to any person or persons or for property dannage as a result of ally one occurrence which may arise out of or in connection with perfbruiances under.this Agreement,. Account Holder shall have Bluestein and its employees named as additional insured on its liability insurance policy and shall deliver to Bluestein certificates evidencing the exis tence and amounts of flee above coverages. I 20. 1MODIFICATIQNS. This Agreement shall not be changed or modified except by a subsequent agreement in writing signed by both parties. 21. THIRD PARTY LIABILITY Nothing in this Agreement shall be construed as creating a joint enterprise between the parties hereto nor being for the benefit of dnird parties for any purpose including, without limitation, estab- lislnment of any type of duty, standard of care or liability with respect to third parties. The parties hereto have executed this Agreement oil the date immediately adjacent to their respective signs- lures. Account Holder Date 310nl reek-r- r 9 ZL /Z41.1 Print Nannne Title Account Holder Date Print Name Title Bluestein ate Y/r0 M. t t�/Gs 06_0EC Td,- Print Name —Title Page 3 43 ATTACHMENT B FOLLOWS: `be City of Population. Biannual Report of Waste Diversion July I —Dec 3I„ Jan..—June 30, Due Januar 31 Due July 31 Materials "Tons Collected Where Recyclables Were Taken Commingled Clear Glass Brown Glass Green Glass Other/Mixed Glass Magazines JNP GCC Other Paper Products Plastic - all Aluminum Appliances . Scra p Metal Oil Tires Textiles Yard waste Misc. or other material TOTAL hypes of program: Hauler(s) used: Curbside Drop-off Voluntary Mandatory Mayor/Recycling Director Send to: Shannon Staton City Clerk Bluestem SWA PO Box 2068 Bate Cedar Rapids, Iowa 52406 If you have comment or additional information, please use reverse side and check here ORDINANCE 256 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 1'996,BY AMENDING PROVISIONS PERTAINING TO COLLECTION AND TRANSPORTATION OF SOLID WASTE IN THE CITY OF FAIRFAX,IOWA BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. ARTICLE AMENDED.The Code of Ordinances of the City of Fairfax, Iowa, 1996, amending,Article 2 to Title III, Chapter 4, entitled COLLECTION AND TRANSPORTATION[,which is hereby amended as follows: 3-4.0202 COLLECTION SERVICE. The City shall provide for the collection of all recyclable material and solid waste from residential premises which is produced as a result of domestic activities,except as provided in Section.3-4.0207 of this article. 3-4.0203 COLLECTION VEHICLES. ''vehicles or containers used for the collection and transportation of recyclable material and garbage and similar putrescible waste or solid waste containing such materials shall be leakproof,durable and of easily cleanable construction. They shall be cleaned to prevent nuisances,pollution or insect breeding and shall be maintained in good repair. 3-4.0204 LOADING. Vehicles or containers used for the collection and transportation of any recyclable material or solid waste shall be loaded and moved in such a manner that the contents will not fall,leak,or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage sloes occur,the material shall be picked no immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned. 3-4.0205 FREQUENCY OF COLLECTION. All solid waste shall be collected from residential premises once each week and all yard waste shall be collected once each week,April 1"to October 31't. 3-4.0206 LOCATION OF CONTAINERS. Containers for the storage recyclable material,solid wastes and yard waste awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers or bundles of yard waste placed at the curb line shall not be placed more than twelve(12)hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection. 3-4.0207 ITEMS EXCLUDED FROM COLLECTION. The City will not collect dead animals; animal manure; motor,vehicles; car bodies; liquids; hazardous or toxic wastes; explosives; hot ashes; solid or semi-solid waste resulting from industrial,commercial or, agricultural activities; industrial by-products; sewage treatment wastes; combustible liquids; any article or bundle more than 48 inches long and/or 18 inches in diameter and/or weighing more than forty (40) pounds; materials resulting from construction, demolition or repair of buildings except for properly contained or bundled materials resulting from work done by the owner or occupant of the residential premises; or any article or bundle which by its nature constitutes a hazard to a collector of solid waste. 3-4.0208 TREE LIMBS AND BRUSH. 'Tree limbs of less than four (4)inches in diameter and brush will be collected provided they are placed at the curb or alley line, securely tied in bundles not more than forty-eight (48)inches long or eighteen (18)inches in diameter when not in approved containers and weigh no more than forty(40)pounds. 3-4.0209 YARD WASTES. Yard wastes will be collected provided they are separated by the owner or occupant from all other garbage and refuse accumulated on the premises and stored in containers or securely tied as provided in Section 3-4.0110, so as to prevent the dispersal of such wastes upon the premises served or upon adjacent property or public rights-of-way. The weight of any individual container or bundle shall not exceed forty(40) pounds. 3-4.0211 COLLECTION FEES. 1. A fee for recyclables collection and disposition as well as solid waste collection and disposal services from each residential premises will be assessed onto residents monthly utility bill. The fee allows one(1)thirty-two (32)gallon container or bag of solid waste,not to exceed forty(40) pounds, and unlimited recyclables and yard waste.Each additional solid waste container(s)or bag(s) must have a tag affixed. The Fairfax City Council will determine the monthly fee and the tag price by Resolution. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY 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 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by later. Adopted this day of j,�r.<� , 20il2. Bill Voss,Mayor ATTEST: oialt Mara Pacli a, City Clerk I citify that the foregoing was posted as Ordinance No,,2 on the day of y 2002. Marq Pach4 City Clerk RESOLUTION 02-06-11-1 r . SOLID WASTE COLLECTION FEES' WHEREAS, on July 1, 2002, the Schedule of Fees for recyclables collection and disposition as well as solid waste collection and disposal services from each residential premises will be assessed onto residents monthly utility bill as follows: A)For each single family residence$10.00 B)For each dwelling unit of a multiple family dwelling$10.00 WHEREAS, the fee allows one (1) thirty-two (32) gallon container or bag of solid waste, not to exceed forty(40)pounds, and unlin-dted recyclables and yard waste, WHEREAS,each additional solid waste container(s)or bag(s)must have a tag affixed, WHEREAS,the fee per tag is$1.25, NOW THEREFORE RE IT RESOLVED,by the City Council of Fairfax,Iowa that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Approved this day o _,2002. .AYE �ri(4,4, NAY ;),rl ABSENT None, Bill Voss,Mayor ATTEST: A94 Nlar Pac City Clerk ORDINANCE 257 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 1996,BY AMENDING BY ADDING PROVISIONS PERTAINING TO PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS IN THE CITY OF FAIRFAX, IOWA BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. ARTICLE AMENDED.The Code of Ordinances of the City of Fairfax, Iowa, 1996, amending,Article 1,Title VII, Chapter 1, Section 7-1.0106 by adding the following: 3. Automobile Liability Insurance, covering all awned,non-owned, hired and leased vehicles with a minimum combined single limit for Bodily Injury and Property Damage of$500,000 per accident. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY 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 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and posting as provided by law. Adopted this day of , 2002. ]dill Voss,Mayor ATTEST: Ma Pa a,ACity Clerk I r#ify that the foregoing was pasted as Ordinance No,2?, on the /-D%C day of 2001 Mary aeha ity Clerk. RESOLUTION 02-06-11-2 A RESOLUTION SETTING THE SALARIES AND BENEFITS FOR EMPLOYEES OF THE CITY OF FAIRFAX FOR THE FISCAL YEAR 200212003, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRFAX,IOWA; Section I.The following positions named shall be paid the salaries or wages indicated and the City Cleric is authorized to issue checks,less legally required or authorized deductions from the amounts set out below,and make such contributions to IPER''S„FICA and other purposes as required by law,or order of the City Council,all subject to audit and/or review by the City Council. CITY CLERIC: $11.09 per hour @ 40 hours per week DEPUTY CI'T'Y CLERIC:$9.79 per hour @ 35 hours per week LIBRARIAN: $10,02 per hour @ 23 hours per week CHILDREN'S LIBRARIAN: $8.00 per hour @ 13 hours per week PART TIME HELP: $6.26 per hour @,3 hours per week JANITORIAL CLEANING(LIBRARY):$10.92 per hour @ 16 hours per month MAINTENANCE MAN:$11.00 per hour @ 40 hours per week MAINTENANCE WORKER II:$15.45 per hour @ 40 hours per week Section 2.OVERTIME:In lieu of overtime compensation for any hours worked in excess of 40 hours in a designated workweek,compensatory time off shall be taken within 2 weeks of the week in which overtime hours are worked,after making a request for such time off to the City Clerk,Mayor or City Council,if the use of compensatory time off does not unduly disrupt the operations of the city. Section 3,INSURANCE:The City shall provide the Clerk,Maintenance Man and Maintenance Worker 11 (full—time positions)with Welhnark(Blue Cross)Insurance(Single Coverage Paid), Section 4,PAID HOLIDAYS:The Clerk,Maintenance Man and Maintenance Worker 11(full-time positions)shall be paid for the following Holidays; NEW YEAR'S DAY,GOOD FRIDAY,MEMORIAL DAY,4TH OF JULY,LABOR.DAY, THANKSGIVING,THE DAY AFTER THANKSGIVING,CHRISTMAS EVE DAY AND CHRISTMAS DAY. Section 5.SICK DAYS:The Clerk,Maintenance Man and Maintenance Worker 11(fulI-time positions) shall be allowed four(4)sick days per year. Sick days may be accumulated up to thirty(30)days. After five(5)consecutive sick days,at the discretion of the Mayor,,a doctor's verification may be requested. Section 6.VACATION:Forty(40)hours after one(1)year,eighty(80)hours after three(3)years and 120 hours after seven(7)years for Clerk,Maintenance Men and Maintenance Worker H(full-time positions),The Librarian and Children's Librarian receive forty(40)hours after one(]).year and eighty(80) hours after five(5)years of employment. Section 7.PERSONAL DAYS; Sixteen(16)hours per year. Section 8.BEREAVEMENT DAYS, Three(3)bereavement days per year.This includes immediate family members only(Spouse,Children,Parents,Brothers,Sisters and In-Laws).They may not accumulate. Section 9.MILEAGE:Any employee that must use their personal vehicle for work related situations(no wage will paid when being reimbursed for mileage)shall be reimbursed$345 per mile, Approved.this��day of ��f LQ� 12002, AYE Y € r NAY I1 ABSENT 51111 Voss,Mayor ATTEST: M4 Pach ,City Clerk RESOLUTION 02-06-11-3 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL(28E) AGREEMENT BETWEEN THE CITY OF FAIRFAX AND LINN COUNTY FOR PROJECT AGREEMENT SOUTHVIEW ROAD WHEREAS,an agreement outlining means to reshape and rock Southview Road from Highway 151 to St.Patrick's Road, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,IOWA,that the Mayor and City Clerk are hereby authorized and directed to execute said Intergovernmental Agreement. Approved this iT day of f ,2002. AYE NAY ABSENT 1104X Bill Voss,Mayor ATTEST: Ma Pac a, City Clerk COUNTY AND CITY PROJECT AGREEMENT WHEREAS,, both Linn County, Iowa hereinafter referred to as County and the City of Fairfax, hereinafter referred to as City are public agencies as is defined by Section 28E.2 of the Code of Iowa, and WHEREAS, Section 28E.3 of the Code of Iowa rovides that any power or Powers, privileges or authority exercised or capable of exercise by a publics a ency o f the State of Iowa may be exercised and enjoyed jointly by a public agency of the'State Iowa having such power ar powers, and e of WHEREAS, it is proposed, that the County reshape and rock Southview Road from Highway 151 to St. Patricks Road, and WHEREAS, the City Council and the County Board of Supervisors have informed themselves as to the proposed irnproverhents, IT IS NOW AGREED that the City of Fairfax and Linn County enter into an agreement pursuant to Chapter 28E of the Code of Iowa providing for cooperative action relative to the proposed roadway improvements project .and, said cooperative actions include the following 1) DURATION - This Agreement shall commence on the date that both parties sign this agreement and shall continue thereafter until the final completion of the project, 2) PURPOSE_ The purpose of this Agreement is to accomplish the proposed project as described herein in accordance with the aforesaid scope of work and in agreement with conditions specified in this Agreement. 3) ADMINISTRATION The County shall be responsible for the administration of this project. 4) The City and County agree to save and indemnify and keep harmless, each other against all Iiabilities,Judgments, costs, and expenses which may in any way come against the County or City or which in any way result from carelessness or neglect of either party or its agents, employees, or workmen in any respect whatsoever. 5) The City and County agree to indemnify and hold each other, their employees and agents, wholly harmless from any damages, claims, demands, or suits by any person or persons arising out of any acts or omissions by the City or County, its agents, servants or employees in the course of any work done in connection with any of the matters set forth in this agreement. 6) FINANCING- The County shall initially finance the cost of the project. The City shall reimburse the County for the actual quantities installed upon completion at unit prices as shown on the attached estimate. Paymonts can be made if desired in three equal instalhnents due on October 1, 2002, October 1, 20,03 and October 1, 2004. G:1Engineer\AgreementsTairfax'28 Agreement-Southview.doc - 7) TERMINATION: - a) This Agreement shall be.considered binding upon the City and the County and shall not be terminated until provisions of paragraph 7b are met after actual work has begun on the project, b) This agreement will be terminated upon final acceptance of the work by the City and final settlement of the financial conditions set forth in paragraph 6 thereof. Executed in duplicate each of which shall constitute as original on this day of 2001 BOARD OF SUPERVISORS L COUNTY, IOWA ATTEST LINK C6dNTY AUa TO CITY OF FAIRFAX BY ATTEST FAIRFAX CITY CLERK G:(En gin eer\Agreements\Fair€'ax°"2SE Agreement-Southview.doc Ud © o C> oc� p C? O d N O O fn O Il O , �' Ff3 ff3 69 69 b9 69 64 69 w A� N V'S N O o0 p O Ln z � fq Zw � wwU © a w w a c � z H c d 7r ¢, — rn o o d LnI CN C14 oza Ln IV U ¢� cv O' U a O U ro ID O w p6q w w o ;Ul � ca t m � tw H U o co CLI U b P� 0 tom' 0 CIS u 0 131 LL Li fd o c cqj �+ N m Do as a `r grd � a � H -7 n n 00 or c7 -°� ui RESOLUTION 02-06-11-4 FIREWORKS PERMIT RESOLUTION WHEREAS,the City Council,Fairfax, Iowa,is empowered under the authority of Section 727.2, Code of Iowa,to grant a permit for the display of fireworks by municipalities, fair associations, amusement parks and other organizations or groups of individuals approved by the City Council when such fireworks display will be handled by a competent operator,and WHEREAS,the City Council,Fairfax, Iowa has received a request for fireworks display permit, and WHEREAS, the City Council, Fairfax, Iowa, desires to grant, permits only when a competent person will be in charge of the fireworks display to provide for the safety of all concerned, NOW,THEREFORE.,BE IT AND IT IS HEREBY RESOLVED by the City Council,Fairfax, Iowa, this date met in lawful session, that criteria be prescribed for the issuance of permits for the display of fireworks in the City of Fairfax„ BE IT FURTHER RESOLVED that the following definitions be used; Applicant: The person or group,which is applying for the permit, Fireworks: Any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combination,explosion, deflagration, or detonation, and shall include blank cartridges,firecrackers,torpedoes, sky rockets,roman candles, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other device containing any explosive substance. The term "fireworks" shall not include gold star- producing sparkles on wires which contain no magnesium or chloride or Perchlorate,no flitter sparklers in paper tubes that do not exceed one-eighth (118) of an inch in diameter,, no toy snakes which contain no mercury and no caps used in caps used in cap pistols. Operator: A person trained in fireworks safety who will set up and explode the fireworks. Sponsor: The group paying for or otherwise providing for the fireworks display. BE IT FURTHER RESOLVED that the applicant submit an application in writing on the form attached hereto and incorporated herein by reference no later than ten. (10) days before a City Council Meeting. BE IT FURTHER RESOLVED that no permit be issued until the Chief of the Fairfax Fire Department having jurisdiction over the site of the fireworks display and the City Council, Fairfax, Iowa has approved the located and fire prevention measures. BE IT FURTHER RESOLVED that no permit be issued unless liability and fire insurance coverage is procured to protect the applicant, sponsor, operator and the public in an amount not less than $1,000,000. BE IT FURTHER RESOLVED that the applicant and operator be persons of not less than eighteen(18)years of age on the date of the proposed fireworks display. BE IT FURTHER RESOLVED that the operator must meet the following fireworks safety requirement: a)Possess a current,valid fireworks license issued by a state of the United States which requires formal safety training similar to that in a)above;or b)Demonstrate an equivalent degree of formal fireworks safety training and experience to the satisfaction of the City Council and the Chief of the Fairfax Eire Department. BE IT FURTHER RESOLVED that any fireworks that remain unexploded after the display shall be immediately disposed of or removed for storage or disposal in a safe manner by the operator who,upon the conclusion of the display,shall make a complete and thorough search for any unexploded fireworks or fuses thereof which have not exploded or functioned. BE IT FURTHER RESOLVED that the Linn County Sheriff or his or her designee may suspend any permit issued pursuant to this resolution should he or she determine that the health, safety, welfare of the public require the suspension, or should the applicant and/or operator fail to meet or follow the safety qualifications as set out in this resolution. Approved this day of�� ,2002. AYE J, /' NAY ABSENT I lfi]ll Voss,Mayor ATTEST: s ti Mar acha City Clerk June 2002 Mayor and City Council Members , T moved to the Fairfax Heights in July 2000 . Horizon Ave . has cracked curb and street settling where water/ sewer run to several homes . A patch of black top was put in the fall of 2001 . We were under the impression that a permanent resurfacing would be done early this spring . Also some of us have settling sidewalks and driveways related directly to this problem. Thank you for your time and attention to this issue. i a VI 1v"— r s i f I� k t STATE OF IOWA County of Linn Ss. Cf Y. IF�AnaFAx >. ,=taU& c0u1` MEETING::::.... Tl "LIfE5�9AYr 9f9i�E ll 2002,'. Mayor Vryss caned the meeting In order at 7,00 PM Grtnuncrc8 rr4etiibers present.Beer.Frieden, 5cotlr IEktlrarh & Wairrweight Also present. Ron CtanSpr Nancy Fliclting?r&Dick`Ransom MotidnlEkstr6m 2nd Beer approval of Agenda &CEark's FlfianCiat RsporF Aye 5 MC Motion Bee Rog jnft : i .S9 14,2002 Cn,Cbt I, Joe Hladky, being duly sworn on oath, do state that I am MeeFiarg Minn Ave.Aye 5 MC;,59t Mau,Linn Co, i the Sheriff's ed rl:M ibi tnfr[edeq s&gave the publisher of THE GAZETTE..,. �a daily newspaper of the Sheriff's Report Matian Frredon'2nd Ek- strom In remove ORDINANCE 244 from the fable Ave 5 Mayor�Fass stated there tics taeenrnew,revisions made::from our d'. .. general circulation in Linn County, Iowa. The notice, a wf,b.F6a bestintoRQ1NANCE.er i, RDIt printed copy of which is attached„ was inserted and be In pup best interest io slarl over H{ith ORQi _ � At4 E 249 Mnflan Beer.2nd Scat to dismvS5 c" ANCE;244 Ave 5 MC Med P ub'liished in THE GAZETTE newspaper in the issue(s) of rho current L3t2QtN : I9 Lion Ekstrom>2nd FrFeden approve revised ORIJIMANCE 249 adding neV Article 6 to Title C pta 1 Munzeipat Infractions on Tfs'(sf readin§$waalv�e 2nd&3Yd readins Rol}Call Vpfe A!E Apes MC Motion VVainwrigii 2nd: Beer jdoof reAwd ORDINANCE 249IdoIl CO: Vo4e J f Ayes MC Larry Berger Wqh.Spear 18 � �� Flnaalcaatt presented a'1 if Plan that:would he' ggod flinanciat.ins,rtfinenP for the ei1Y MO.tiftn The reasonable fee for publishing said notice IS .$ 84.00 Eksframn 2nd 5catt approve confraO is create i a TIF Plan it Speat Vrioncial A. Ye Trdcew Chnlcahey wdff:ECtCOO`discussed_: gralwts„{jor the City [lscussion 64—Ordinance. 254:Motion Et<sfro. 2nd.Scottap prove OI NAt4CCE 254 Witte Vl Chapter 3 Arildes I&2S i Atsandoned&:Junk Vehicles on its:1si reading &waive 2nd:&3rd readings Roll Catl Vole Ave:. Beer,Scdtl,;Ekstrom,Wainwright.NaY Frfe den.MC Mblian Wainwright 2nd Ek5lram adopt ORDINANCE 254 Roll.Call Vote Ave; 1 Beer Scoff,Ekstrom,Wainwright Nay Frie-: Signed and sworn to before me on .Tune 18 2002 , deg MC wtollan Fredap 2nd Waiz}wrtght app prove ORDINANCE 255;Title(lt Chapter 2 Ar= L, 4 jVrie 1 Anlrnaf Froiection&Control an its 1st by Joe Hladky. reeding&waive 2nd&:3rd readings Ralt Calf Vote:Attd Ayes.MC Motion Scottr:2n6 Ekstrom > adopt ORDW;NNCE.255 11011 Call Vote: All Ayes MC Motion Wainwright grid Staft ap:- tWasle&Recychng Collection Agree- provicng j rr enit vanlh Waste ManagemenP af:lA1 tnc sub- , lest to recslvingi Ceffific-te:'of.Llabitity - insurance ANNANCE.256 amending Sec ins Not Public in an or the State of Iowa apprrana ORQiffe. Chbpt amending$eetfans of ArpCfe 2:Trf[e of Eliap. . 4 Rolle.W said ._ Traunsporlallan an its tier reading;&walve'2Qd<_. &'3rd readings Rnll Gal} Vote: All Ayes-MC MofiOr SrtlFt 2nd Be&adopt ORDINANCE.256 Rall Cott Vote:All Aye9 MC Motion Peer 2nd trVatnwrlght appr�aye R�SOLUTIO'N o246-1114:.Solid Waste Collect Inn Fees Rail Catt 7olei AFT Ave,s MC Motion Ekstrom 21 d catttt approve ORDINANCE 25?amending Ar- r 20 line,1 Tutee:Vii Chapter t section 1 aloe Ped- for above from V dleins Solicitors&.Transient Merchants on:is It 1,readin.j&vlarve:2nd&3rd readings Roll ; ta1i wri All Aye. C Mntian Ekstrom 2nd GAZETTE COMMUNICATIONS, INC. VWlainwrzghfi adopt ORDI4�AhICE:257 Fall Call Vote: Alt Apes MC Motion Frietien 2nd Elf strorrn approval Cigarette Permits for Fairfax HandnMart&Slar e8e&Grill Ave 5 MC Mo- tto,n hWain!#nghS 2nd'-Bear approve RESOLU - TiOtt 0246,114 Salaries&Benefits for Ern' plaYees Fl 02103 Roll Cafl Vote;All Ayes MC MotiodFrieden 20 Beer in resndve RE5oLU ETION+f 02-06 h-3 front the twe Rye S.,MC ` Qtseussfocton 26E Pfa(ect Agreement South- By vi&Road F166M.1np:far this proreEt will come D frminrt,She r&v.en ues of.the local option sales:tax FhaN was approiaf @d-for the;streets Motion Frieden 2nd Eksfra. zi. rave:RESOLUTION 02-06-11=3 fntergauernmenfat eW PrOtkf. Agreernenf vaith tma..C04. 1) 1 view Road Roll .; Call Vote-AII Ayes N4C Motion Vlalnwrighti2nd Eeer,approving the 1 .1 1me,nt of Ed Han- dley to the Hoard of Adiustment Aye 5.MC 'Mntflah`si ojt 2nd BeEr approving the anon.Gnt- meo4S-0 1, iese & Brenda Haendler-as Library Board of Trusfees Ave 5 MC Motion - RESOLLIT Beer 26d Prieden;approve. .ION SC2-g6-11-4 F reworks Permit Roll Call Voia Ay'}Ayes.1. Mnt}on Beer 2nd Frieden appf ov A of BFIY, C . Fireworks PermiF Aye 5'MC MotPoan B.tve 2nd Scott approval RESOLUTION Roll .: Cd2-f3-11-5 Linn County REC Agreement::dis- Calf t(nte A(I Ryes'MC Qick Ransom led`dis 4455pa{Y'0❑ property damage one by xfordk EntcaWatin9 at pertaining 16 the y Yalee in Prot 0. 6 Fire t7ept Report gry MUMMA an Click=:Ransam;Ted discussion on sarftarY ® e sower s-Me- .d0on Wainwnght 2nd'Ek sfram approve clart[s presented for paVSnenl Ia. ,a to r Pone l=fY loecloselthefhoaks; . e 5 MCdNo�. Library;:Report given Roft.Quell gage the:. flVhai nlenancIe Report Concerns were addressed; with the ragards Yo the property development: of tith.i5f & E Dernetery Mahan wain y rayhf.2nd Beer 9.o adiourft. inngrna City P o s t rz3a s ter::211.519 V. "€lave Y�rte�"k 3i6.4CE NidAmeriC?'n EnergY10637 Iowa Wfreless Servkes 65A4 -,Vdegm6rk 6,3.5.42 .-Banker's Trust 28766.25 Fairfax.State Savings-Bank3515.801 Linn Co:Rec Order.600 -City of Fairfax IMAM-: Nancy Ffckinger 5275 Mary Ellen Barry 204.15 Kathy Everett 211145 The Waterworks 47.50 Millhiser Srtrith Agents 1746.00; Frieda_Coonrod Embroidery..24.38 .Airgas 44.80 Graubili Electronics 737.18 CEC 20.00?. Kieck's 2214.45 Sound Tree Medical 256293 .Custom Print&Design 45506 Decker Sporting Goods 369.86 Iowa Implement 1187'.40 Swisher.Feed&Lumber 141,901 Hynek Farms,52000:: Port'O'Johnny 285:00 Carol Nites 32.98 Cathv Bayne 9.99 :Reiman.Fubltcaiuon6:�21.90 Archaeology 99,97 _ .;..Rodale Books 3644 : upstart 1775 World Book Encyclopedia 32.40 O r i e n t a tk Trading 40.55 Remco 16;21 Baker&:Taylor 786;15 Radiator Kihgr 75,00': Fauser Energy ResaurCes 294.56 South Slope Telephone 485 75 Slaples Cfedif Plan.M.68 Attiant.Energy 1756.13 Linn Co.REC 409.84 Shelton_Teclhlnollogles 107.98 r.CTS Text#ke Leasing 34.95 Mover.&-.8ergma0..:1934.25 Matt Paraoll&Sons 112.82 Office Express 59.80 Colony Healing&:Air Conditioning 139150 Gazelle;Communications.101.32 Ken White 59.97 Cedar Valley Asphalt 289.59 Treasurer,Slate a IA 416.00 ,. IPERS 942,12 waste.IVtamagemLnd of IA City:2409.20 ECICOG'.:2627.58 f IITI 4600;00 ':.Stokes Construction 4990.82 L9nn.Cd-Recorder'.6.00 Schimberg'Co.900:72 Advanced Water:Technologv_383,94 Hach Co,302.28 USA.Blue Book 112-.73 - Sevig-.Construction.36500 Crawford Quarryo284.95 Keystone Labs 164.04 Fareway.Stores 41 59 Menards-CR SO 12465 Heiman::46934.9 5 Kirkwood Community Colle6e:45AR Star Bar:&Grill 32.00: Mary:Perlis 25.19 Salaries 570218 MAY ReCEIPTS General 47779.19 RUT 4147.75 Trust.&=Agency 5139.90 Water 5287,24 Sewer 8192.44 Garhage 3989.99 --. _ Tli;_'15022.55 Fire Oepl. 1i00A0:. Library'.400-00 Fireworks 325.00...x. C1 ty of Fa ' fax office of the Clerk Pd Box 337 319-846-2204 Fairfax, TA 52228-0337 fairfax@southslope. net Tuesday, June 04,2002 Linn County Board of Supervisors Attn:Mike Goldberg 430 1"Street SW Cedar Rapids,Iowa 52404 RE: Approval of Non-Resident Library Board Member Dear Lumir Dostal, As Mayor for the City of Fairfax„I hereby appoint Berniece Kleppe as Library Board of Trustee for a 6-year term commencing July 1".Berniece resides at 6600 Hillcrest Road SW, Cedar Rapids. As a non-resident of the City of Fairfax,the approval of this appointment is to be made by the County Board of Supervisors.Please send a copy of your minutes that would include this appointment to the above address at your earliest convenience. If you have any questions, feel f-ee to call the City Clerk at 846-2204. Sincerely, City of Fairfax Bill Voss Mayor City of Fairfax Appointments Ft Terms ELECTED OFFICIALS ENDING TERM ON JANUARY Vt Mayor William Voss 2004 Council Jo Ann Beer 2006 Mark Ekstrom 2004 Cheryl Scott 2004 Bernie Frieden 2006 Marianne Wainwright 2006 APPOINTMENTS TWO (2)YEAR TERM ENDING JAN 1 st Mayor Pro-tem Maria nne'w'rwo'ainwright 2004 City Clerk Mary Pacha 2004 Deputy Clerk Nancy Flickinger 2004 City Attorney Randy Scholer, Moyer a Bergman 2004 Fire Chief Mike Sankot 2004 LIBRARY BOARD SiX (6)YEAR TERM ENDING JULY 1 st Vernon Cerveny, Chairman 2006 Mary Rita Meyers 2006 Kelly Giese, Secretary 2008 Dot Pospishil 2004 Jim Bayne 2004 Rita Nierling 2006 Berniece Kleppe 2008 Brenda Haendler 2008 Mary Lou Selzer 2004 PLANNING ft ZONING COMMITTEE FIVE (5)YEAR TERM ENDING JAN 15t Dean Hartman, Secretary 2004 Jim Stallman 2005 Virginia Soukup 2006 Jack Rowray 2005 Harold Scott 2004 Robert Collett 2005 Greg Fetter 2005 BOARD OF ADJUSTMENT FIVE (5)YEAR TERM ENDING JAN 15 Bryon Balog, Chairman 2008 Ray Zamastil 2007 David Everett 2006 Randy Price 2007 Doug Exline 2007 Ci t of Fa rf ax Office of the clerk PO Box 337 319-846-2204 Fairfax, IA 52228-0337 fai' irfax@southslope. net Mayor Bill Voss PO Box 338 Fairfax,IA 52228 CITY COUNCIL Marianne Wainwright Jo Ann Beer PO Box 265 PO Box 98 Fairfax,IA 52228 Fairfax,IA 52228 Mark Ekstrom Bernie Frieden Cheryl Scott PO Box 43 220 Prairie Avenue 206 Prairie Avenue Fairfax,IA 52228 Fairfax,IA 52228 Fairfax,IA 52228 PLANNING AND ZONING COMMISSION Bob Collett Jack.Rowray Harold Scott 259 W.Cemetery Road 400 E.Southview Road 206 Prairie Avenue Fairfax,IA 52228 Fairfax,IA 52228 Fairfax,IA 52228 Greg Fetter Virginia Soukup Dean Hartman. 157 W.Cemetery Road PO Box 155 604 Williams Blvd. Fairfax,IA 52228 Fairfax,IA 52228 Fairfax,IA 52228 BOARD OF ADJUSTMENT Bryan Balog Doug Exline Randy Price PO Box 293 220 E.Southview Road 540 E.Southview Road Fairfax,IA 52228 Fairfax,IA 52228 Fairfax,IA 52228 Ray Zamastil Ed Handley PO Box 235 110 Nickolet Street Fairfax,IA 52228 Fairfax,IA 52228 LIBRARY BOARD Vernon Cerveny Mary Rita Meyers Kelly Giese PO Box 295 308 Prairie Avenue PO Box 215 Fairfax,IA 52228 Fairfax,IA 52228 Fairfax,IA 52228 Dot Pospishil Jim Bayne Rita Nierling 6206 Hillcrest Road SW PO Box 326 513 Front Street Cedar Rapids,IA 52404 Fairfax,IA 52228 Fairfax,IA 52228 Berniece Kleppe Brenda Haendler Mary Lou Selzer 6600 Hillcrest Road SW PO Box 324 PO Box 61 Cedar Rapids,IA 52404 Fairfax,IA 52228 Fairfax,IA 52228