HomeMy WebLinkAbout08-23-2006 Special Meeting Minutes i
AGENDA
FAIRFAX CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, AUGUST 23, 2006 AT 5:30 PM
FAIRFAX CITY HALL—525 VANDERBILT STREET
Tentative Agenda with possible action on the fallowing items:
1. Call to Order/Roll Call
2. Approval of Agenda
3. Resolution setting date for Public Hearing on Urban Renewal Plan Amendment
4. Resolution approving Street Finance Report for fiscal year 2005-06
5. Consider motion to approve Fairfax HandiMart 42777 Cigarette Permit
6. Consider motion to approve Fairfax HandiMart#2777 Liquor License
7. Resolution authorizing the substitution& appointment of Banker's Trust Company
as successor paying agent,transfer agent ®istrar for certain outstanding bonds &
approving and authorizing the execution of a paying agent,transfer agent and registrar
agreement with Bankers Trust with respect to such bonds
8. Resolution to issue Partial Payment#4 to Septagon for the erection of the public works
Office &Laboratory Building, 2006 Wastewater Treatment Plant Improvements
9. Consider motion to approve claims list dated August 23,2006
10. Discussion
a. Opportunity for citizens not on agenda
11. Mayor Comments
12.Adj ournment
CITY OF FAIRFAX
SPECIAL COUNCIL MEETING
WEDNESDAY, AUGUST 23, 2006 AT 5:30 PM
Mayor Voss called the special meeting to order at 5:30 PM.. Council members present: Beer,
Frieden, Scott, Wainwright. Absent: Magers. Also present: Dave Yanccek. Due to the absence of the
City Cleric, Nancy Flicldnger recorded the minutes.
Frieden moved to approve the agenda, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, 'Scott,
Wainwright. Nays; None. Absent Magers.
Beer introduced the following Resolution and moved its adoption, seconded Wainwright. Roll call
vote: Ayes: Beer, Frieden, Scott, Wainwright. Nays: None. Absent Magers. Whereupon the Mayor
declared the following duly adopted: Resolution No. 2006-62 entitled, "A RESOLUTION
SETTING DATE FOR PUBLIC HEARING ON URBAN RENEWAL PLAN AMENDMENT".
Passed and approved this 23rd day of August 2006.
Frieden introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll
call vote: Ayes: Beer, Frieden, Scott, Wainwright. Nays: None.. Absent Magers. Whereupon the
Mayor declared the following duly adopted: Resolution No. 2006-63 entitled, "A RESOLUTION
APPROVING THE STREET FINANCE REPORT FOR FISCAL YEAR 2005-06". Passed and
approved this 23rd day of August 2006.
Motion by Frieden to approve Fairfax HandiMart #2777 Cigarette Permit, seconded by Scott. Roll
call vote: Ayes: Beer, Frieden, Scott,Wainwright. Nays: None. Absent Magers.
Motion by Beer to approve Fairfax HandiMart 92777 Liquor License - Class C Beer Permit,
seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Wainwright. Nays: None, Absent
Magers.
Wainwright introduced the following Resolution and moved its adoption, seconded by Scott. Roll
call vote: Ayes: Beer, Frieden, Scott, Wainwright. Nays: None. Absent Magers. Whereupon the
Mayor declared the following duly adopted: Resolution No. 2006-64 entitled, "A RESOLUTION
AUTHORIZING THE SUBSTITUTION & APPOINTMENT OF BANKERS TRUST
COMPANY AS SUCCESSOR PAYING AGENT, TRANSFER AGENT & REGISTRAR FOR
CERTAIN OUTSTANDING BONDS & APPROVING & AUTHORIZING THE EXECUTION
OF A PAYING AGENT, TRANSFER AGENT & REGISTRAR AGREEMENTWITH
BANKERS TRUST WITH RESPECT TO SUCH BONDS". Passed and approved this 23rd day of
August 2006.
Scott introduced the following Resolution and moved its adoption, subject to Hall &Hall Engineers,
h-c. recommendation, seconded by Wainwright. Roll call vote: Ayes: Beer, Scott, Wainwright. Nays:
None. Abstain: Frieden. Absent Magers. Whereupon the Mayor declared the following duly adopted:
Resolution No. 2006-65 entitled, "A RESOLUTION TO ISSUE PARTIAL PAYMENT #4 TO
SEPTAGON CONSTRUCTION, INC. FOR THE ERECTION OF THE PUBLIC WORKS
OFFICE & LABORATORY BUILDING, 2006 WASTEWATER TREATMENT PLANT
IMPROVEMENTS. Passed and approved this 23rd day of August 2006.
Motion by Wainwright to approve the Claims List dated August 23, 2006, seconded by Beer. Rall
call vote: Ayes: Beer, Frieden, Scott, Wainwright. Nays: None. Absent Magers.
Other items of discussion: Interior walls at the new public works building; replacement location for
the North entryway sign; fence &paving at the tennis court; cars parking in the road right-of-way; cats
ruling at large; plantings in need of trimming at the South entryway sign.
There being no further business, Wainwright moved adjournment at 6:05 PM, seconded by Frieden.
All in favor.
MAYOR: Bill Voss
ATTEST: Nancy Flickinger, Finance Administrator
Disclaimer: The foregoing minutes are not official until approved by Council.
STATE OF IOWA
Counties of Linn and Johnson ss.
CITY OF FAIRFAX
�SPECIAL'COLINCIL':.MEETING.
>.
WEDNESDAY,AUGUST 23'.2006 AT.5:30.PM
`- Mayor Voss tailed ahs special meeting to ordef 7 Y 71
at 5:311 PM.Council members idresenl; Beer, I, J oe Htadky, do state that I and the publisher of
IFriedeli Scott, Wafnwrighl-Absent.—Magers.
ab-
sence present: Dave Clerk,
N.an Due to the re-
e- THE GAZETTE, a dally newspaper of general
sertuCa of-iris City Clerk,.N.ancv Flickinger re-
cor'ded the minutes. ---
Firleden moved to:approve:the agenda, sec- circulation in Idnn and Johnson Counties, In Iowa.
a,aded'by Scott Roll call vole: Ave,: Beer, Y y y y
IFr-leden, Scott, Wainwright.,Nays: None.Ab- The notice, a punted.copy of which is attached,was
,Sent Magers. 7.,, TLT GAZETTE+� �T
Beer-Wraduced the following Resolution and inserted and published in Till,' l]'H/'�+1'TE-� _
.moved Its adoption,seconded Wainwright.Roll. t'
call mole: Ayes: Beer, Ff€eden, Scott, Wain- newspaper in the issue s of September I 2006.
,wirighl."Nays;None..Absenl,M ers,-Whereup- �' / � �
on the Nravof"d8t7ared`11sE 67 W' duly
adopled: Resolution No. 2006-62 entitled,"Ai
RESOLUTIONSETTING DATE FOR PUB-
!LIC NEARING ON URBAN RENEWAL The reasonable fee for publishing said notice is
- PLAN AMENDMENT',.Passed.and approved
I1hiis.23rd day of August 2006,: _.,:: $65,95
Frieden introduced .[he:following Resolution w
and moved Its:adoplion, seconded:by Wain-
Wright. Rall call vote:-Ayes:Beer;-Frieden,
.:oculi,, Wainwrighl. Nays;'None_Absenl Ma-
,gers.Whereupon lhe.-May.dr':declared.the fol-
Vowing duly adopted: Resolution No. 2006763
enlilled;'ARESOLUTION APPROVING THE
STREET-:FINANCE REPORT FOR FISCAL
YEAR`21005-06'1. Passed and.:approved..this
23rd day of August 2006.
Motion by Frieben to approve Fairfax Handl-.
.Mart#2777.-.Cigarette.-.PeCmli, •seconded by!
-SCOM-Roll call vole: Ayes: Beer, Frieden, -
Scott,_Wainwright,Nays::None. Absent.:Ma-
gens,....Mellon-
2777Liquor
Beer to approve Fairfax Beer Permit, This instrument was acknowledged b Joe Hladk
112377 Liquor Licanse - Class C$ser Permit, �+ 9 ^�l� Cg Y y ,
secatided Fri by Frieden. Roll call.vofe: Apes: before me on September 1, 2006.
-
Beer,Frieder,Scoi#,.Wainwrighi..NaYs;None. '
Absent Masers.
"w^r'axnwvrlgh# introduced.the following Resolu-
,lron daoi',ri''seconded by
Ida i
Notary Public in and for the Stat, of Iowa
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PO Rox 337 319-846-22011
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J-,4-52228-0337 �air�ax�tou�h:3[o�aar �
DATE: August 19,2006
TO: Board of Supervisors, Linn County
Superintendent, College Community School District
President, Kirkwood Community College
FROM: City Council
City of Fairfax, Iowa
RE: Fairfax Urban Renewal Plan Amendment
The City of Fairfax is in the process of amending the urban renewal plan for
the Fairfax urban renewal area, and, pursuant to Section 403.5 of the Code of Iowa,
the City is sending you the enclosed copy of its urban renewal plan amendment and
scheduling a meeting at which you will have the opportunity to discuss this
amendment.
The meeting to discuss our urban renewal plan amendment has been set for
Monday, August 28, 2006, at 4 o'clock p.m. at the Fairfax City Hall, 525 Vanderbilt
Street in Fairfax. If you are unable to send a representative to the meeting, we invite
your written comments. In addition, Section 403„5 gives your designated
representative the right to make written recommendations concerning the urban
renewal plan amendment no later than seven days following the date of the meeting.
The City will also hold a public hearing on this urban renewal plan
amendment at 7 o'clock p.m. on September 12, 2006, and a copy of the notice of
hearing is enclosed for your information.
Please call our City Clerk at(319) 846-2204, if you have questions.
Enclosure
CITY OF FAIRFAX
NOTICE OF PUBLIC HEARING
ON PROPOSED URBAN RENEWAL PLAN AMENDMENT
Notice Is Hereby Given: That at 7 o'clock p.m., at the Fairfax City Hall, Fairfax,
Iowa, on the 12th day of September, 2006, there will be conducted a public hearing on
the question of amending the urban renewal plan for the Fairfax Urban Renewal Area to
authorize the development and enhancement of a city park and recreational facilities. A
copy of the amendment is on file for public inspection in the office of the City Clerk.
At said hearing any interested person may file written objections or comments and
may be heard orally with respect to the subject matters of the hearing.
Connie]game
City Clerk
Fairfax/419915-9/UR Set Plrg Date Amend Plan.
SET DATE FOR HEARING ON URBAN
RENEWAL PLAN AMENDMENT
419915-9
Fairfax, Iowa
August 23, 2006
The Council oftlie City of Fairfax, Iowa, met on August 23, 2006, at -5'3e o'clock,
m., at the Hal in the City, for the purpose of setting a date for a public
Tearing on a propa ed urban renewal plan amendment. The Mayor presided and the roll being
called, the following members of the Council were present and absent:
Present: U) cor(2
Absent: / ►
The Mayor announced that an amendment to the urban renewal plan for the Fairfax
Urban Renewal Area had been prepared, and that it was now necessary to set a date for a public
hearingthe proposed amendment to the urban renewal plan. Accordingly, Council Member
2moved the adoption of the following resolution entitled "Resolution
setting date for a public hearing pn urban renewal plan amendment," and the motion was
seconded by Council Member lVaj= L LV Following due consideration, the
Payor put the question on the motion and the l;4A l;4being called, the following named Council
Members voted:
Ayes: Frl-'4-eiq 6/7a)
Nays: _ hY?
Whereupon, the Mayor declared the resolution duly adopted as follows:
-1-
DORSEY&'4 IRTNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-9/UR Set Hrg Date Amend Plan
RESOLUTION NO.
Setting date for public hearing on urban renewal plan amendment
WHEREAS, this Council by resolution previously created the Fairfax Urban Renewal
Area (the"Urban Renewal Area'''); and
WHEREAS, an amendment to the urban renewal plan has been prepared which would
authorize the development and enhancement of a city parr and recreational facilities, and it is
now necessary that a date be set for a public hearing on that plan amendment;
NOW, THEREFORE, Be,It Resolved by the City Council of the City of Fairfax, Iowa., as
follows:
Section 1. This Council will meet at the O i+ , Fairfax, Iowa, on
the 12th day of September, 2006, at o'clock .m., 4 Which time and place it will hold a
public hearing on the proposed urban renewal plan mendment for the Fairfax Urban Renewal
Area.
Section 2. The City Clerk shall publish notice of said hearing, the same being in the
form attached hereto, which publication shall be made in a legal newspaper of general circulation
in Fairfax, which publication shall be not less than four(4) nor more than twenty(20) days
before the date set for hearing.
Section 3. Pursuant to Section 403.5 of the Code of Iowa, Nancy Flickinger and the
City Cleric are hereby designated as the city's representatives in connection with the consultation
process which is required under that section of the urban renewal law.
Section 4. The proposed urban renewal plan amendment is hereby submitted to the
City's Planning and Zoning Commission for review and recommendations, as required by
Section 403.5, Code of Iowa.
Passed and approved this.August 23, 2006.
Mayor
Attest:
em
City Clerk
-2-
DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-9/UR Set Hrg Date,Amend Plan
NOTICE OF PUBLICHEARING ON PROPOSED URBAN RENEWAL PLAN
AMENDMENT
t Notic Is Hereby Given: That at o'clock 1,m., at the
Fairfax, Iowa, on the 12th day of September, 2006, there will be
conductd a public hearing on the question of amending the urban renewal plan for the Fairfax
Urban enew-al Area to authorize the development and enhancement of a city parr and
recreational facilities. A copy of the amendment is on file for, public inspection in the office of
the City Clerk.
At said hearing any interested person may file written objections or comments and may
be heard orally with respect to the subject matters of the hearing.
Connie Frame
City Clerk
-3-
DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fan-fax/419915-9/1-R Set 14rg Date Amend Plan
On motion and vote the meeting adjourned.
Mayor
.fittest:
City Clerk
-4-
DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
Fairfax/419915-9/UR Set Hrg Date Amend Plan,
STATE OF IOWA
COUNTY OF LIMN S S:
CITY OF FAIRFAX
I, the undersigned, City Clerk of the aforementioned City do hereby certify that pursuant
to the resolution of its Council fixing a date of public hearing on a proposed urban renewal plan
amendment, the notice, of which the printed slip attached to the publisher's affidavit hereto
attached is a true and complete copy, was published on the date and in the newspaper specified in
such affidavit, which newspaper has a general circulation In the City, and copies were sent to the
county, school district and community college.
W,WNESS my hand and the seal of the aforementioned City hereto affixed this 3 ay
of J , 2006.
City erk
(Seal)
(Attach here publisher's affidavit of publication of notice.)
(PLEASE NOTE: This certificate must not be dated until the publication has
been made and you have reviewed it to be sure that the notice was published on
the date indicated in the attached affidavit.)
5
DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA
STATE OF IOWA
Counties of Linn and Johnson ss.
I, Joe Hladky, do state that I am the publisher of
THE GAZETTE, a daily newspaper of general
circulation in Linn and Johnson Counties, in Iowa.
The notice, a printed copy of whic
Ah
7is attached, was
CITY OF FAI
NOTICE F PUBLICRFAX HEARING inserted and published in THE GAZETTE
ON I PROPOSED URBAN RENEWAL
PLAN AMENDMENT i
h
i
n the issue(s) 31, 2006.
Notice Is Hereby Given:That at 7 o'clock newspaper (s) of August
Pam.P gat the,Fairfax City Hall, Fairfax, Iowa,
on the 1'21h'uday of September,2006,there will
be conducled a public hearing on the quesiion
of amending the urban renewal plan for the The reasonable fee for publishing said notice is
Fairfax Urban Renewal Areatoauthorizethe
dove'lopment)arid enhancement of.a city park' C�.7n
2
and recreational facllftles. A copy of the
amendment Is on file for pubitc Inspection in
the office of the City Clerk.
At said hearing any interested person may
fele written objections or comments and may
m heard orally with respect to the subject
mL.e �T—
afteirs of the hearing.
Connie Frame, City Clerk
Published in the Gazette on August 31,2006 ^^�
This instrument was acknowledged by Joe Hladky
before me on September 1, 2006.
Notary Public in and for the State qf Iowa
SHAFM K.KVM
* i [:QM,N NSR 706987
pw► ��Y'�tx�—{� I
Fairfax/41997 5-9/UR Set Hrg Date Amend Plana
STATE OF IOWA
COUNTY OF LIMN SS:
CITY OF FAIRFAX
I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such I
have in my possession or have access to the complete corporate records of the City and of its
officers; and that I have carefully compared the transcript hereto attached with the aforesaid
records and that the attached is a true, correct and complete copy of the corporate records
relating to the action taken by the Council preliminary to and in connection with setting a date
for public hearing on an urban renewal plan amendment.
WI NESS my hand and the seal of the aforementioned City hereto affixed thisday
of ,21006.
City Clerk
(Seal)
_6_
DORSEY&W1U TNEY LLP,ATTORNEYS,DES MOINES,IOWA
RESOLUTION No.
RESOLUTION APPROVING STREET FINANCE REPORT FOR 2005-06
WHEREAS, The Code of Iowa, Chapter 312, Section 14, requires that all cities
prepare and submit an annual Street Finance Report of expenditures and receipts to the
Iowa Department if Transportation; and
BE IT HEREBY RESOLVED,by the City Council of the City of Fairfax, Iowa:.
Section 1. The Council has reviewed all forms required by this report and
found them to be in compliance with the requirements of the Iowa Code.
Section 2. The City Clerk is directed to submit these forms to the Iowa
Department of Transportation before September 30, 2006,
NOW, THEREFORE BE 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.
Passed and approved this day of2006.
AYES: s L,
NAYS: 2 �
ABSENT:
Bill Voss, Mayor
ATTEST:
Connie Frame, City Clerk
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RESOLUTION AUTHORIZING THE SUBSTITUTION AND APPOINTMENT
OF BANKERS TRUST COMPANY AS SUCCESSOR
PAYING AGENT, TRANSFER AGENT AND REGISTRAR FOR
CERTAIN OUTSTANDING BONDS AND
APPROVING AND AUTHORIZING THE EXECUTION OF A
PAYING AGENT,TRANSFER AGENT AND REGISTRAR AGREEMENT
WITH BANKERS TRUST WITH RESPECT TO SUCH BONDS
WHEREAS, City of Fairfax, the"Issuer"has heretofore authorized the issuance
of certain Bonds described on Exhibit A hereto (collectively,the "Outstanding Bonds")
pursuant to the provisions of the Code of Iowa, and;
WHEREAS, First American Bank (the "Original Agent") currently serves as
Paying Agent and Registrar and Transfer Agent for the Outstanding Bonds, and;
WHEREAS, the Issuer has determined to substitute Bankers Trust Company as
successor Paying Agent and Registrar and Transfer Agent for the Outstanding Bonds,
and;
WHEREAS, in the Paying Agent and Registrar and Transfer Agent Agreements
entered into with the Original Agent, the Issuer reserved the right to terminate such
Agreements upon ninety day written notice to the Original Agent, and;
WHEREAS, the Original Agent is no longer offering Paying Agent, Registrar and
Transfer Agent services and Bankers Trust has purchased the business from First
American, therefore the ninety day notice provision is waived, and
WHEREAS, the Issuer intends to enter into a Paying Agent, Registrar and
Transfer Agent Agreement between the Issuer and Bankers Trust,
NOW, THEREFORE, Be It Resolved by the Issuer as follows:
Section 1. That Bankers Trust shall be and hereby is substituted and designated
as the Paying Agent, Registrar and Transfer Agent for the Outstanding Bonds.
Section 2. That the effective date of such substitution shall be retroactive to
December 31, 2005 {the date of purchase from First American Bank).
Section 3. That Bankers Trust is hereby directed to notify the holders of the
Outstanding Bonds of such substitution by regular mail upon the approval of substitution.
Section 4. That the appropriate officials are hereby authorized to execute the
Paying Agent, Registrar and Transfer Agent Agreement with Bankers Trust.
Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Passed and approvedj 2006.
J�
Name
Title
Attest:
Name
41AIA L/
Title
EXHIBIT A
$465,000 City of Fairfax General Obligation Bonds, dated 311103
i
I
f� Bankers
m�
NULISSA A.STOVER,ESQ.
Vice resident, Corporate Trust Officer
It's our name. . . and our promise. 515-245-5269+ FAX 515-247-2102
Attn: City Clerk July 24 2006
City of Fairfax
RO. Box 337
525 Vanderbilt St.
Fairfax,IA 52228-0337
Bankers Trust Company has assumed responsibility for the administration of your municipal bond
issues through our purchase of First American Bank's Corporate Trust business as of January 1,
2006.
Bankers Trust is a locally owned and operated Bank which services over 2,400 municipal bond
issues across the state of Iowa. We work with cities, counties, schools, hospitals, health care
facilities, and utilities. We have local, experienced staff and work closely with key financial
advisors, underwriters, and bond counsel. Our low annual fees and reputation for quality service
have made us a leader in this industry.
Upon the announcement of 'this transfer from First American Bank to Bankers Trust, we
committed to honoring the same terms and conditions of the agreements you had for the
adna nistration of your bond issuers. We have experience with these types of transfers and assure
you the process will be seamless for your bondholders. We are also committed to providing the
highest level of customer service to continue to serve your needs for Paying Agent, Registrar,
Transfer Agent,Escrow Agent, and Trustee services.
To formalize this change to Bankers Trust, please present the attached Resolution and Paying
Agent Agreement to your governing council or board. These documents incorporate the bond
issues which were formally serviced at First American, shown on the attached exhibit. Once
approved, please return these documents to Bankers Trust in the enclosed envelope. We wild
provide subsequent notice to your bondholders.
,Should you choose not to work with Bankers Trust, please notify us and we will work with the
provider you select to transfer the information appropriately.
Thank you for this opportunity to work together. Please contact us with any questions or
concerns. I've enclosed a magnet with our contact information for your convenience.
Sincerely,
i61sk",-Mp
elissa Stover, Esq.
costo ver @ bankerstrust.cam
Enclosures
453 7th Srreer -P,O. Box 897• Des Moines, Iowa 50304-0897 800-362-1688 • www.bank erstrust,co�m
SUCCESSOR
PAYING AGENT,REGISTRAR
AND TRANSFER AGENT AGREEMENT
This Agreement is entered into the date hereof between Bankers Trust Company,
NA, Des Moines, Iowa(the"'Agent") and the City of Fairfax.
1. Definition of Terms—The terms "item," "receipt,"'`transfer," "turnaround,"
"Process," "business day," and other terms used throughout this Agreement shall be
deemed to have the meanings provided in the regulations promulgated pursuant to the
Securities Exchange Act of 1'934 and the Code of Iowa as amended and in effect from
time to time.
2. Issuance Resolution Incorporated by Reference—The Agent agrees to act on
behalf of the Issuer pursuant to the terms of this Agreement and pursuant to the Issuer's
resolution(the "Resolution')authorizing and providing for the issuance of the Bonds or
Notes, described on Exhibit A hereto (together, the"Outstanding Bonds"). The
Resolution and the terms thereof are hereby incorporated by reference and the provisions
of this Agreement are to be construed to be consistent with the Resolution. In the event
of inconsistent language between the Resolution and this Agreement, the,terms of the
Resolution shall prevail.
3. Registrar Function—The Agent shall maintain records of the identity of the
owners of the Bonds/Notes in order to carry out its function as Registrar and upon request
of the Issuer shall from time to time deliver to the Issuer records, documents and other
writings made or accumulated in the performance of its duties as Registrar. In such
capacity the Agent is authorized at any time to register for original issue certificates.
representing the Bonds/Notes and not exceeding the total principal amount of the
Bonds/Notes and upon surrender for cancellation of certificates to register new
certificates for the principal amount of the Bonds/Notes represented by the certificates so
cancelled and to redeliver such new certificates.
4. Transfer AgentFunction/Charges--For the purpose of the original issue of
certificates the Agent is hereby directed to record and authenticate certificates signed by
or bearing the facsimile signatures of the officers of the Issuer authorized to sign
certificates in such names and in such amounts as the Issuer may direct.
The Agent shall make transfers from time to time upon the records of the Issuer of
any outstanding certificates and of certificates issued in exchange therefore signed by the
officers of the Issuer upon surrender thereof for transfer properly endorsed and upon
reasonable assurance that such endorsements are genuine and effective in accordance
with Section 554.8441, Code of Iowa. Signature guarantee must be provided in
accordance with the prevailing standards and procedures of'the Registrar and Transfer
Agent. Such standards and procedures may require signatures to be guaranteed by certain
eligible guarantor institutions that participate in a recognized signature guarantee
program.
The Issuer and the Agent may also require payment by the person requesting an
exchange or transfer of the certificates of a service charge and a sum sufficient to cover
any tax, fee or other governmental charge that may be imposed in relation thereto, except
in the case of the issuance of certificate for the unredeemed portion of a certificate
surrendered for redemption.
Upon request for cancellation of such certificates the Agent shall record and
p q g
authenticate new certificates duly signed and deliver such certificates to or upon the order
of the person entitled thereto.
Certified specimen signatures of the officers of the Issuer and certified specimen
certificates in the form duly approved by the Issuer shall be lodged with the Agent and
upon request of the Agent and the Issuer will deliver to the Agent a sufficient supply of
certificates in the form approved.
5. Paying Agent—The Agent is hereby authorized and shall make payments of
principal and interest to the registered owners of the BondsNotes as follows:
(a) At least one business day prior to each payment date the Issuer will
deposit with the Agent in immediately available funds such amount as is required to
make such payment.
(b) One business day before each payment date the Agent will pay interest
and, upon presentation and surrender of the matured or called Bond/Note, will pay
principal to each registered owner of the Bonds/Notes as of the record date by mailing a
check to each such owner. In any case where the date of maturity of interest on or
principal of the Bond/Note or the date fixed for redemption of any Bond/Note shall be a
Sunday or a legal holiday or a day on which banking institutions are authorized by law to
close, then payment of interest or principal may be made on the succeeding business day
with the same force and effect as if made on the date of maturity or the day fixed for
redemption. Provided,however, that payment of principal shall be made not later than
the second day after receipt of the matured Bond/Note.
(c) When the Agent shall receive notice from the Issuer of its option to
redeem Bonds/Notes prior to maturity, the Agent shall select the Bonds/Notes to be
redeemed and give notice of the redemption thereof, all in accordance with the terms of
the Bonds/Notes and the Resolution.
6. Form of Records—The records of the Agent shall be in such form as to be in
compliance with standards issued from time to time by the Municipal Securities Rule-
making Board of the United States and any other securities industries standard and the
requirements of the Internal Revenue Code of 1986 and Chapter 76 of the Code of Iowa.
7. Confidentiality of Records—The Agent's records in connection with the
Bonds/Notes shall remain confidential records entitled to protection and confidentiality
pursuant to Section 22.7, Code of Iowa. The Agent agrees that its use of the records will
be limited to the purposes of'this Agreement and that the Agent will make no private use
or permit any private access thereto.
S. Reliance Upon Certain Certifications and Representations—The Agent may
rely conclusively and act, without further investigation, upon any list,instruction,
certification, authorization„ certificate, or other instrument or paper suitably guaranteed
and believed by it in good faith and due diligence in performing its functions to be
genuine and to have been signed, countersigned, or executed by a duly authorized person
or persons or upon the instruction of any authorized officer of the Issuer or upon the
advice of the Issuer's counsel; and may register any certificate representing the
Bonds/Notes or may refuse to register any such certificate if in good faith the Agent
deems such refusal necessary in order to avoid any liability on the part of either the Issuer
or the Agent, and the Issuer,agrees to indemnify and hold harmless the Agent from and
against any and all losses, costs, claims, and liability for so relying or acting or refusing
to act.
9. Rules and Regulations Governing Registration—'The Agent shall comply at all
times with such rules, regulations and requirements as may govern the registration,
transfer and payment of registered Bonds/Notes including without limitation Chapters 76
and 384 and Sections 554.813I et seq., Code of Iowa, and standards issued from time to
time by the Municipal Securities Rule-making Board of the United States and any other
securities industries standard and the requirements of the Internal Revenue Code of 1986.
10. Signature of Officers—In the case of the officers of the Issuer whose manual or
facsimile signature appears on any certificate, Bond/Note or,other record delivered to the
Agent shall cease to be such officer prior to the registration,processing, or transfer
thereof, the Agent may nevertheless process such documents as though the person
signing the same or whose facsimile signature appears thereon had not ceased to be such
officer unless written instruction of the Issuer to the contrary is received.
11. Record Date—For purposes of determining the registered owners of the
Bonds/Notes the record date shall be deemed to be the fifteenth day of the month
preceding the date on which payment of principal,premium, if any, or interest is payable
to the registered owners of the Bonds/Notes ("Payment Date)whether such payment is
due to optional redemption, operation of a sinking fund, or for any other reason.
12. Three Days Turnaround—The Agent agrees that it will turnaround within three
business days of receipt all items received in proper form for transfer, process or other
action pursuant to the terms of this Agreement.
13. Destruction of Cancelled Notes—The Agent will promptly cancel and destroy
all Bonds/Notes or certificates representing the Bonds/Notes which have been spoiled,
surrendered to it for transfer, or with respect to which principal,premium, if any, and
such interest owing on such.Bonds/Notes has been paid,and will provide the Issuer with
a Certificate of Destruction certifying as to the destruction of such cancelled
Bonds/Notes.
14. Payment of Unclaimed Amounts—In the event any payment check representing
payment of interest or principal on the Bonds/Notes is returned to the Agent or is not
presented for payment or if any Bond/Note is not presented for payment of principal or
premium at the maturity or redemption date, if funds sufficient to pay such interest or
principal shall have been made available to the Agent for the benefit of the owner thereof,
all liability of the Issuer to the owner thereof for such interest or principal payment of
such Bonds/Notes shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the Agent to hold such funds,without liability for
interest thereon, for the benefit of the owners of such Bonds,/Notes who shall thereafter
be restricted exclusively to such funds for any claim of whatever nature on its part under
the Resolution or on, or with respect to, such interest or principal. The Agent's
obligation to hold such funds shall continue for a period equal to six months following
the date on which such interest or principal became due,whether at maturity, or at the
date fixed for redemption thereof, or otherwise, at which time the Agent shall surrender
any remaining funds so held to the Issuer,whereupon any claim under the Resolution by
the owners of Bonds/Notes of whatever nature shall be made upon the Issuer.
15. No Obligation to Invest—The Agent will have no obligation to invest any funds
in its possession.
16. Compensation of the Agent—The Issuer will pay the Agent reasonable
compensation for its services based upon the schedule of fees as may be agreed upon
from time to time between the Agent and the Issuer. The Agent's compensation may
include the amount of any attorney fees incurred by it under Section 17 hereof.
17. Bond Counsel—When the Agent deems it necessary or reasonable it may apply
to Bond Counsel for the Issuer or such other law firm or attorney approved by the Issuer
for instructions or advice.
18. Termination of Agreement—This Agreement may be terminated by either party
by giving the other party at least 94 days advance written notice. At termination of the
Agreement, the Agent shall deliver to the Issuer any and all records, documents or other
writings made or accumulated in the performance of its duties under this Agreement and
shall refund the unearned balance,if any, of fees paid in advance by the Issuer.
19. Examination of Records- The Issuer or its duly authorized agents may
examine all records relating to the Bonds/Notes at the principal office of the Agent at
reasonable times as agreed upon with the Agent and such records shall be subject to audit
from time to time at the request of the Issuer or Agent. The Agent, on request, will
furnish the Issuer with a list of names, addresses, and other information concerning the
owners of the Bonds/Notes or any of them.
20. Obligations,Rights and Privileges of the Agent—The Agent shall have, with
regard to the particular functions it performs, the same obligation to the owner or owners
of the Bonds/Notes and shall have the same rights and privileges the Issuer has in regard
to those functions.
Dated as of , 2006
ISSUER
By
Title...
61'
Attest:
Title
{Seal}
AGENT -�
BY
Title
EXHIBIT A
$465,000 City of Fairfax Genera! Obligation Bonds, dated 311103
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RESOLUTION NO.
A RESOLUTION TO ISSUE PARTIAL PAYMENT 04 TO SEPTAGON FOR THE
ERECTION OF THE PUBLIC WORKS OFFICE AND LABORATORY
BUILDING, 2006 WASTEWATER TREATMENT PLANT IMPROVEMENTS
WHEREAS, The City of Fairfax, Iowa has contracted with Septagon
Construction Co., Inc. for the erection of the Public Works Office and Laboratory
Building, 2006 Wastewater'Treatment Plant Improvements.
WHEREAS, The City engineers, Hall and Hall Engineers, Inc., have received
the application for Partial Payment Request No. 4 and they have made recommendation
for payment.
BE IT RESOLVED, By the City Council of the City of Fairfax, Fairfax, Iowa„
that the City Clerk is hereby directed to issue Partial Payment No. 4 in the amount of
$25,251.95 to Septagon Construction Co., Inc. for the erection of the Public Works
Office and Laboratory building, 2006 Wastewater Treatment.Plant Improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax City
Council of the City of Fairfax, Iowa, that the Mayor and City Cleric are hereby authorized
and directed to execute said Resolution.
Passed and approved this��day of CT, 2006.
AYES:
NAYS: -
ABSENT;
Bz Voss, Mayor
ATTEST:
1
Connie Frame, City Clerk.
The foregoing Resolution No. having been approved this date by the Fairfax
Ci Council,I he by approve.the same by affixing my signature as City Clerk on this
day of ,2006.
Connie Frame, City Clerk
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Page 1 of 1
Cli of Fairfax
)^turn: "Dennis Keitel"<dennisk@halleng.com>
To: <nanflick@netins.net>; <billl@vosswelding.com>; "City of Fairfax" <fairfax@southslope.net>;
<fairfaxmaint@southslope.inet>
Cc: "Richard Ransom" <dick@hatleng.com>
Seat: Wednesday, August 23,, 2`006 4:30 PM
Attach, 20060823153630946.pdf
Subject: Erection of New Public Works Office and Laboratory Building Contract- Revised Septagon
Construction Pay Request No.4
We have reviewed Septagon's revised) P'ay Request No. 4 (attached),for work completed through yesterday„
08122/2006, and we find it to be in accordance with their Schedule of Valuies and work completed to date.
Therefore, we recommend payment ofa25,251.95 on Contract for Erection of New Public Works Office and
Laboratory Building. We will forward the original pay request copies after we receive them in the mail
Please contact us if you have any questions.
Dennis J. Keitel, P.E.
Hal Hall Engineers, Inc.
1860 Boyson Road
H alwafha, IA 52233
PH:319-362-9548
FAX 319-362-7595
CELL:319-361-6309
8/24/2006
City of Fairfax
Claims List dated 23 August 06
Checks 25451 - 25500
General Fund
Check 25451 Baker&Taylor Books/DVD 518.48
Check 25452 Creative Software Services,Inc. Computer Services 55.1916
Check 25453 Reiman Publications Magazine 19.97
Check 25454 Golden Horse, LTD Books 13.319
Check 25455 Penworthy Books 177.22
Check 25456 Cathy Bayne ReImbs 130.47
Check 25458 Graybill Electronics,Inc. Earhanger 22.95
Check 25459 1 wireless Phone 51A8
Check 25460 Municipal Emergency Services Gfoves 58,16
Check 25462 Mid American Energy Gas 182.57
Check 25472 Neighborhood Revitalization Service Movie Equip rental 20100
Check 25478 Menards-Cedar Rapids 30 Various items 169.1010
Check 25484 Shelton Technologies, Inc. Copies 242.50
Check 25485 Mid-1-2nd Equipment Street sweeper 382.50
Check 25487 Iowa Codification, Inc. Code update 100.00
Check 25488 GSTC Fuel 155.43
Check 25489 Alliant Electricity 5.03
Check 25490 The Sled Shed Blade 69.69
Check 25491 Linn County Treasurer Taxes 108.010
Check 25492 Fauser Energy Resources Fuel 840,48
Check 25493 Office Express Supplies 15018
Check 25494 Midwest Wheel Companies Strobe 110.81
Check 25495 Custom Hose&Supplies Filters 111.44
Check 25496 Van Meter Industrial, Inic, Bulb 54.29
Check 25498 Professional Plumbing Service Solenoid valve 108.37
Check 25500 Linn County Treasurer Taxes 66.00
Total General Fund: 3.924.07
Water Fund
Check 25463 Mid American Energy Gas 22.81
Check 25480 Menards-Cedar Rapids SO P2rtS/SUPPIY 93.84
Check 25481 Iowa One Call Digging 14.40
Check 25499 Advanced Water Technology, Inc. ChemicaWvalves 575.63
Total Water Fund- 70668
Sewer Fund
Check 25466 Ronald G.Dusil Wage 550,51
Check 25467 Connie R. Frame Wage 421,81
Check 25468 David Yanecek Wage 476.22
Check 25469 Daniel R.Zamastil Wage 463.316
Check 25473 Ronald G.Dusil Wage 550,50
Check 25474 Connie R. Frame Wage 421.81
Check 25475 David Yanecek Wage 476.21
Check 25476 Daniel R.Zamastll Wage 463.36
Check 25479 Menards-Cedar Rapids SO Supplies 75.08
Check 25482 Wellmark Health insurance 1,394.50
Check 25483 City Treasurer 28 E PVE 2,867.154
Check 25497 Harry Ferris Company Service call 120.1001
Total Sewer Fund: 8,281.10101
City of Fairfax
Claims List dated 23 August 06
Checks 25451 - 25500
Garbage Fund
Check 25457 Johnson County Refuse,, Inc. Trash service 5,255.25
Total Garbage Fund. 5,255.25
WWTF Project
Check 25464 M&K Dust Control, Inc:, Dust control 262.50
Check 25477 Manards-Cedar Rapids SO Parts 69.17
Check 25501 Septagon Construction:Co., Inc. PW Erec Bldg 25,251.95
Total VVWTF Project: 25,583�.62
Trust&Agency
Check 25465 Dan Helms Deposit refund 120:.,00
Check 25470 City of Fairfax Applied to bill 53.38
Check 25471 Aldona Fischer Deposit refund 3662
Total Trust &Agency. 210..00
Total Claims: 43,960.62
Advanced Water Tech Chemicals/valves 575.63
Aldona Fischer Deposit refund 36.62
Alliant Electricity 5.03
Baker&Taylor Books/DVD 518.48
Cathy Bayne Reimbs 130.47
City of Fairfax Applied to bill 53.38
City Treasurer 28 E PVE 2867.64
Creative Software Services 55.96
Custom Hose&Supplies Filters 111.44
Dan Helms Deposit refund 120.00
Fauser Fuel 840.48
Goiden Horse Books 13.39
Grayb1ill Electronics Earhanger 22.95
GSITC Fuel 165.43
Harry Ferris Co Service call 120.00
i wireless Phone 61.18
Iowa Codification Code update 100.00
Iowa One Call Digging 14,40
Johnson County Refuse Trash service 5255,25
Linn County Treasurer Taxes 174.00
M&IK Dust Control Dust control 262.50
Menards Various Items 407.09
Midl American Energy Gas 205.38
Midl-Land Equip Parts 382.50
Midwest Wheel Strobe 110.81
MES Gloves 58.16
Neighborhood Revitalization Equip rental 20.00
Office Express Supplies 150.18
Pe!nworthy Books 177.22
Professional Plumbing Solonold valve 108.37
Rehman Publications Magazine 19.97
Septagon PW Erec Bldg 25251.95
Shelton Technologies Copies 242.50
The Slied Shed Blade 69,69
Van Meter Ind Bulb 54.29
Well1mark Insurance 1394.50
Net salaries 3823.78
Total Claims 43960.62
City of Fairfax
Claims List dated 23 August 106
Checks 25451 - 25500
General Fund
Check 25451 Baker&Taylor Books/DVD 518.48
Check 25452 Creative Software Services„Inc. Computer Services 55.96
Check 25453 Reiman Publications Magazine 19,917
Check 25454 Golden Horse,LTD Books 13.3+9
Check 25455 Penworthy Books 177.22
Check 25456 Cathy Bayne Reimbs 130.47
Check 25458 Graybill Electronics,Inc.. Earhanger 22.95
Check 25459 i wireless Phone 51.18
Check 25460 Municipal Emergency Services Gloves 58.116
Check 25462 Mid American Energy Gas 182.57
Check 25472 Neighborhood Revitalization Service Movie Equip rental 20.00
Check 25478 Menards-Cedar Rapids SO Various items 169.00
Check 25484 Shelton Technologies,Inc. Copies 242.50
Check 25485 Mid-Land Equipment Street sweeper 382.50
Check 25487 Iowa Codification,Inc, Code update 100.00
Check 25488 GSTC Fuel 155.43
Check 25489 Alliant Electricity 5.03
Check 25490 The Sled Shed Blade 60169
Check 25491 Linn County Treasurer Taxes 108.00
Check 25492 Fauser Energy Resources Fuel 840.48
Check 25493 Office Express Supplies 150.18
Check 25494 Midwest Wheel Companies Strobe 110.81
Check 25495 Custom Hose&Supplies Filters 111,44
Check 25496 Van Meter Industrial, Inc.. Bulb 54•29
Check 25498 Professional Plumbing Service Solonoid valve 108.37
Check 25500 Linn County Treasurer Taxes 66.00
Total General Fund': 3,924.107
Water Fund
Check 25463 Mid American Energy Gas 22..81
Check 25480 Menards-Cedar Rapids SO Parts/supply 93,84
Check 25481 Iowa One Call Digging 14.40
Check 25499 Advanced Water Technology,Inc. Chemicals/valves 575.63
Total Water Fund: 706.68
Sewer Fund
Chock 25466 Ronald G.Dusil Wage 550,51
Check 25467 Connie R. Frame Wage 4211.81
Check 25468 David Yanecek Wage 476.22
Check 25469 Daniel R,Zamastil Wage 463.316
Check 25473 Ronald G. Dusil Wage 550.50
Check 25474 Connie R. Frame Wage 4211,81
Chock. 25475 David Yanecek Wage 476,21
Check 25476 Daniel R.Zamastil Wage 463.36
Check 25479 Menards-Cedar Rapids SO Supplies 75.108
Check 25482 Wellmark Health Insuranco 1,394.50
Check 25483 City Treasurer 28 E PVE 2,86764
Check 25497 Harry Ferris Company Service call 120..00
Total Sewer Fund: 8,281•1010
City of Fairfax
Claims List dated 23 August 06
Checks 25451 - 25500
Garbage Fund
Check 25457 Johnson County Refuse,,Inc. Trash service 5,255.25
Total Garbage Fund: 5,25525
WVVTF Project
Check 25464 M&K Dust Control,Inc. Dust control 262.50
Check 25477 Menards-Cedar Rapids SO Parts 69,117
Check 25486 Septagon Construction Co.,Inc, PW Erec Bldg 45,658,90
Total WWTF Project, 45,9947,57
Trust&Agency
Check 25465 Dan Helms Deposit refund 120.00
Check 25470 City of Fairfax Applied to bill 53,38
Check 25471 Aldona Fischer Deposit refund 36.62
Total Trust &Agency: 210.00
Total Claims: 64,367.57'