Loading...
HomeMy WebLinkAbout01-14-2010 Council Meeting CITY OF FAIRFAX REGULAR CITY COUNCIL MEETING JANUARY 14, 2010 The regular meeting of the Fairfax City Council was held Thursday, January 14, 2010,at Fairfax City Hall. Mayor Rabe called the meeting to order at 7:00 PM. Council members present: JoAnn Beer, Bernie Frieden,and Marc Magers. Marianne Wainwright was absent. One seat is vacant. Other city staff present: Cynthia Stimson, Ron Dusil,Lynn Miller, and Cathy Bayne. Motioned by Frieden, seconded by Beer to approve the agenda. Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried. Motioned by Beer, seconded by Magers to approve and place on file the City Council minutes from December 15, 2009 and the Planning and Zoning Commission minutes from December 15, 2009. Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried. Linn County Deputy Sheriff Chad Lemense gave the report of hours and calls. Library Director Cathy Bayne asked where the library staff and patrons are to park during a snow emergency. Mayor Rabe will meet with Cathy to discuss solutions. Fire Chief Mike Sankot asked about the pagers not working. Deputy Lemense replied this was due to their move and he would pass on the message, Cathy Bayne stated that the library has been slower, but that the school age activities help to keep up the traffic. Mike Sankot informed the Council that the fire department is looking into the possibility of purchasing a new fire truck. A rough cost estimate for a new tanker is $140-180 thousand dollars. The truck it will be replacing is 24 years old and will be sold. The loan payback will be paid from the fire department's regular budget, with a five year payback. If other funds become available, it may be possible to pay off the loan early. Chief Sankot was given the council's endorsement to proceed with this process and get more specifics. Ron Dusil discussed maintenance department issues. A pump is out at the lift station. The parts are coming from Germany. The maintenance department is pricing a spare pump. A. pump at the tower is losing pressure. It needs to be rebuilt, He is working on the 28E specifics. He would like to have a sand bunker and some equipment added to the capital rotation budget. considerations. Motioned Magers, seconded by Frieden to approve RESOLUTION 2010-01,A RESOLUTION APPROVING CHANGE ORDER NO. 5 FOR THE WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENT'S. Discussion was held about the wording of the resolution and how the change order process works in conjunction with the contract amount. Roll call vote Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried. Motioned Magers, seconded by Frieden to approve RESOLUTION 201.0-02, A RESOLUTION APPROVING CHANGE ORDER NO. 6 FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS. Roll call vote: Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant, Motion carried. Motioned Magers, seconded by Beer to approve RESOLUTION 2010-03, A RESOLUTION TO ISSUE PARTIAL PAYMENT#3 TO RATHJE CONSTRUCTION CO. FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS, Roll call vote: Ayes: Beer, Frieden,and Magers. Absent: Wainwright, One seat is vacant. Motion carried. Motioned Magers, seconded by Beer to approve RESOLUTION 2010-04,A RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF$139,000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME. Roll call vote: Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried. Motioned Beer, seconded by Frieden to approve RESOLUTION 2010-05, A RESOLUTION APPROVING AND AUTHORIZING A FORGIVABLE GENERAL OBLIGATION WATER IMP9CIOVEMENT LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF$35,000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME. Roll call vote: Ayes: Beer,Frieden, and Magers. Absent: Wainwright. One seat is vacant... Motion carried. Motioned Magers, seconded by Beer to approve RESOLUTION 2010-06, A R:ESOLTUION APPROVING THE CEDAR RAPIDS GAZETTE AS THE OFFICIAL PUBLICATION FOR THE CITY OF FAIRFAX, Roll call vote: Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant, Motion carried. Magers introduced ORDINANCE NO. 104,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS. Motioned by Magers, seconded by Beer to approve the first reading of ORDINANCE NO. 104, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS. Roll call vote: Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant., Motion carried. Motioned by Magers, second by Beer to table ORDINANCE 105, AN ORDINANCE AMENDING THE CODE OF' ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO SEWER SERVICE CHARGES, Roll call vote: Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried. Discussion was held about hiring Bill Voss to manage the city's farm ground. A contract is to be drafted for review. City Engineer Shane Wicks discussed the City's per linear foot charge for water and sewer hook-up. These fees will be reviewed. The Council reviewed quotes for health, life, AD&D,and disability insurance. Discussion was held about current benefits and coverage in the guuoted policies. They will allow AFLAC to come and make a presentation to all employees and start a group if there is enough interest. Motioned by Magers, seconded by Frieden to accept the quotes for the following policies from UnitedHealthcare Plan of the River Valley, Inc.: • Line 28, Heritage/SELECT, 9SDPC15/30/10/2000/750LMP, for a group monthly premium of$3,255.15. • Basic Life for a flat$15,000, for a group monthly premium of$63.00. • AD&D, for a group monthly premium of$4.20.. Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant. Motion carried,. Motioned by Frieden, seconded by Magers to set January 26, 2010 at 6:00 PM as the date and time for a special budget meeting, Ayes: Beer, Frieden, and Magers. Absent: Wainwright. One seat is vacant, Motion carried. Discussion was held concerning the current vacancy on the City Council. The City Council still plans to appoint someone to fill this vacancy. The date to appoint will be moved to February 9, 2010. Notice is to be published. Mayor Rabe appointed Marianne Wainwright as Mayor Pro Tempore. Motioned by Magers, seconded by Beer to appoint Cynthia Stimson as city clerk. Ayes: Beer, Frieden, and Magers. Absent: Wainwright, One seat is vacant. Motion carried. Cynthia Stimson read the oath of office for Fairfax city clerk. Motioned by Magers, seconded.by Beer to appoint Randy Scholer, of Moyer and Bergman, as the city attorney. Ayes: Beer, Frieden, and Magers, Absent: Wainwright, One seat is vacant. Motion carried,. Motioned by Frieden, seconded by Magers to appoint Hall and Hall Engineers, Inc. as the city engineering firm. Ayes: Beer, Frieden, and Magers, Absent: Wainwright, One seat is vacant. Motion carried. Motioned by Frieden, seconded by Magers to approve the claims list dated January 14, 2010. Ayes: Beer, Frieden, and.Magers. Absent: Wainwright. One seat is vacant. Motion carried. Discussion was held about payment on an invoice for work at 510 Church Street. Mayor Rabe will discuss this with Dave Zinser. Shane Wicks reminded the City Council of the additional costs for the water meter project that will not be covered by the two loans. The City Clerk showed information about a Planning and Zoning seminar. She is to pass this on to the Commission. Information from the Solid Waste Agency was reviewed. Mayor Rabe informed the City Council that we held the preconstruction meeting concerning the water meter project earlier today and he reviewed the steps and timing of the prof ect. Marc Magers said that a new member needs to be appointed to the Capital Improvements Committee and that we need to add equipment and street work to the list. Motioned by Frieden, seconded by Magers to adjourn the;meeting. Ayes: Beer, Frieden, and Magers, Absent: Wainwright, One seat is vacant. Motion carried. Mayor Rabe adjourned the meeting at 8:54 PM. Mayor Jason Rabe City Clerk Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by the City Council. Claims List January 14, 21010: Ace Electric Heater repairs 307.00 Allliant Energy Eiectrlcity 4,440.44 Baker&Taylor Books 471.23 Beth Wilz Reimb 128.43 Bill Voss I' iteage reimb 731.50 Cargill Salfflsand 1,126.72 Carus Phosphates Chemicals 682.33 Cathy Bayne Relmb 155.66 CR Photo Copy Equipment 19.87 Consumer Reports Subscription 18.00 Crawford Quarry Ro,adstone 65.07 Danko Gear 1,000.00 Dave Yanecek E'M A meetings 125,00 Dion Martin Dislldchisel plow,seed 2,287.37 Eastern IA Carpet Care Carpet cleaning 98.50 Ed/Susan Lala Lighting contest 25.00 Elan Caulking 350.17 Fairfax Senior Citizens Donation 100.00 Fairfax State Bank Taxes 6,814.32 Fareway Various items 118,18 Fauser Fuel 2,434,33 Follett Software Servifce/support 829.00 (Frank's Tree/Lawn Tree removal 1,000.00 Future Line Plow(parts 59.30 Gazette Publishing 258.31 George Martin Diskitchisel plow/seed 2,287,37 Graybill Micibatteries 126.95 Hall&Mall Eng Fees 18,063,92 IIItti1iFOA Dues 30,00 IA History Journal Subscription 27.95 IA One Call Digging 9.90 PIPERS Taxes 2,996.76 Jeff/Tammy Tronvold Lighting contest 100.00 ,DC Refuse Services 7,385,25 K&B Ag Supply Fertilizer 5,596.65 Keystone Lab Tests 194.12 Kirkwood Training 150,00 Lakeside Equip Shear pin 56.00 LC Firefighter's Assn, Training books 132,00 LC REG Electricity 2,200.89 Linweld Rental/oxygen 64.92 Maguire Iron Tower repairs 10,381.00 Mayberry Electric Repairs Lift 1 1,260.05 Menards Various items 563,82 Mid American Gas 1,120,43 Midwest Wheel Lights 147.71 ORIGIN Exterminating 59,56 Pace Supply Soap 86,20 Penworthy Books 311.92 Price Industrial Permit refund 251,00 Professional Plbg Parts 13.74 Rathje Const Pay request 3 60,793.42 IRDJ Specialties Mugs/candy 760.89 Sankot's Garage Truck maint 276.12 Schimberg Extension s/risers 132.42 Schrader Excavating Trucking/sait/sand 915,34 Simmons Perrine Legal fees 1,066.05 Solbergs Plaque 50.94 South Slope Phones 529.37 Staples Various supplies 356.97 StevelSandra Tomash Lighting contest 50.00 Strategic Print contract 116.20 Terracon Geotechnical fees 731,50 Thomas Bouregy Co Books 139.50 Treas,State of IA Taxes 5,739,00 US Cellular Phones 196.81 IUSPO Postage 371.28 Wellmark Insurance 2,546.68 IPalet salaries 22,050.90 Total Claims: 174,086.23 December Receipts General Fund 42,455,48 Employee Benefits 92.87 Road Use Tax 10,736,26 TIA Meter Deposits 300,00 Water Fund 12,880.99 Sewer Fund 13,384.61 Garbage Fund 7,385.51 TIF 2.706,70 SRF Bond Retirement 8,784.00 Visioning Fund 15,000.00 FD Equipment Fund 937.59 FD Firework's Fund 44.18 Liilbrary Gifts/Bequests 25.85 LOST Sewer Imp 2004-05 189.57 Arbor Team 3.53 Parks Dept 15.92 General-Murphy 9.50 Parks-Guaranty Bank 5.33 General CDs 568.66 Library CD 115.66 Sewer CDs 534.30 Total Revenue: 116,175.61 December Expenses General Fund 66,698.38 Employee Benefits 1,155.14 Road Use Tax 21,610.05 Water Fund 20,083.58 Sewer Fund 8,903.00 Garbage Fund 7,449.75 T/A-Meter Deposits 600,00 Drainage/Detention Project 11,365.87 [debt Service 69,663.90 Bond Retirement Fund 35,850.00 Remote Meter Read Project 7,164.61 'mater Main Project 194,189.95 Total Expenses: 444,734.23 Transfers In: General Fund 11,200.00 Water Fund 0.20 Library Gifts/Bequest 2,354.29 Transfers Out: Fairfax Visioning 11,200.00 Trust&Agency 0.20 General Fund 2,354.29 2009 Gross Payroll: Jeffrey Ammeter 44,466.48 Catherine Bayne 33,944.15 Jo Ann Beer 850.00 Marcus Burns 24.00 Raymond Davis 2,566.99 Ronald Dusil 49,256.08 Kathy Everett 10,198.05 Douglas Exllne 196..00 Fancy Flickinger 44,961..41 Baurnell Frieden 950.00 (Donald Gillen 34,00 Victoria Kindl 7,33830 Daniel Kosmach 26,00 Cody Luther 36,00 Michael Machula 48.00 Marc Magers 850.00 Jesse Manning 60.00 Brian Merta 182.00 Brad Meyers 58,00 (Lynn Miller 5,636,00 Jenna Mumm 2,186,94 Loralei Pleiness 1,12'.'1.01 Jeffrey Pottebaum 52.00 Jason Rabe 950.00 Micheal Sankot 774.00 Derrick Sexton 286.00 Brian Stallman 196,00 JPerimiah Stewart 46.00 Cynthia Stimson 23,200.72 Cory Stockton 26.00 William Voss 5,000.00 Marianne Wainwright 850.00 Jake Williams 58,00 Beth Wilz 1,851..12 Bradford Wisnousky 152.00 David Yanecek 41,66O.72 Daniel Zamastil 31,8.53.51 William Zamastil 98.00 2009 Total Gross Salaries: 312,042.98 City of Fairfax ]Manning and Zoning Commission Minutes December 15, 2009 Chairman Joe Kell called the meeting to order at 7:30 PA Commission members present: Joe Kell, Tom Nurre, Travis Otto, John Hill, and Virginia Soukup. Absent: Doug Smith and Jack Rowray. Also present: City Council Member Marc Magers, City Clerk Cynthia Stimson, and City Engineer Shane Nicks. Motioned by Otto, seconded by Nurre to approve the minutes from November 17, 200 . Ayes: Kell,Nurre, Otto, Hill, and Soukup. Nays: none. Motion carried. Joe Kell announced that earlier this evening the city council did approve the terms for the Planning and Zoning Commission members as suggested. They also appointed Jamie Meyers and Dennis Kunze to replace Doug Smith and Jack Rowray. Extensive discussion was held about possible revisions to the zoning code. These discussions covered the topics of definitions, yard requirements, intersection visibility, and fence placement. The city clerk was directed to draft the following revisions: • Revise the side lot line definition to make two definitions. One will be for the interior side lot line and the other for the corner side lot line. • Revise the yard— side definition make two definitions. One will be for the interior side yard and the other for the confer side yard. • Revise the bulk requirement graphs in each zoning district to include a box to establish the corner side yard requirements separate from the interior side yard requirements. Each zoning district's bulk requirements graph was reviewed to determine what the corner side yard requirements should be. These revisions will be sent to the Planning and Zoning Commission for action at their January meeting. After reviewing these revisions, the Commission will discuss how fence placement will be incorporated into these new yard requirements. The Commission reviewed a suggested revision to the newly revised definition of family. City Councilmember Bernie Frieden wished to try and revise the definition to be more inclusive. The Planning and Zoning Commission chose not to take any action on this suggested revision. They stated that they feel they have already reviewed this definition,made their recommendation, and after the attorney slightly revised that recommendation,the city council adopted the change. They do not believe any further action is required. Motioned by Hill, seconded by Otto to adjourn the meeting. Ayes: Kell,Nurre, Otto, Hill, and Soukup. Nays: none. Motion carried. Chairman Joe Keil adjourned the meeting at 8:55 PM, Cynthia Stimson City Clerk Acting P & Z Secretary Utility Billing Month End Worksheet Month of 1. Month Utilities Receivables on .: -tf 0Alp/ ` (Date) (Billing Register) 2. Billing of Penalties on (Date-Penalty Calculation) 3. Total Billed (Add lines 1 &2) a 4. Adjustments to Balance (Adjustment Report) ( ) , 5. Net Receivables (Add/Subtract Lines 3, 4) � 6. Less Payments Received(Deposits for month) � � 7. Current Utilities Receivables (Calculated) (Subtract line 6 from 5) 8. Current Utilities Receivables (Delinquent Account) 9. Current Credit Balances (Trial Balance) 10. Current Utilities Receivable(Trial Balance) 11. Difference (Zero if balanced) 12. Balance due City as of '� 9 (supporting documents on file) Date Prepared _3 " Date Approved Prepared By ` r Approved.By C ( UBPASTRP Wed Dec 30, 2009 10:44 AM CITY OF FAIRFAX IA *** OPER: DTI PAGE 1 05.12.09 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CUSTOMER NAME DELINQUENT AMOUNT BUDGET ---LAST DATE--- ---LAST AMOUNT'---- TIME CUSTOMER ADDRESS AMOUNT DUE DUE BILLED, PAID BILLED PAID DELA 1700 RIK HAENDLER 1.5.00 15,00 .00 12/01/09 12/28/09 51,81 51.81 1 6806 PHILLIP PANKEY 15.00 15.00 .00 12/01/09 12/28/09 44.97 44.97 3 7500 WILLIAM FORESTER 80.08 80.08 .00 12/01,/09 11/24/09 65.08 .00 3 12600 LAKE DIETRICH 15,00 15.00 .00 12/01/09 12/28/09 64,32 64.32 2 15800 MARCEL WASHINGTON 56.16 56.16 .00 12/01,/09 12/18/09 41.72 .56 1 16100E SEAN CASFY/KATHY KING 35.13 35.13 .00 6/01/018 6/18/06 35.13 DO 1660OF CARL EMERSON 758.38 758.38 .00 10/01/08 7/14/08 223.08 .00 24700 RICK WISEMAN 33.8'9 33.89 .00 12/01/09 12/18/09 133.89 100.00 29200 GARY & DARLA LAMPAREK .10 .10 .00 1.2/01/019 12/18/09 35.32 35.22 37303 BRENDA SCHUSTER 15.00 15.00 .00 12/01/09 12/28/09 41.54 41,54 1 47400 CHRISTOPHER JORDAN 15.00 15.00 .00 12/01/09 12/28/09 68.13 68.13 1 51200 STEPHEN STREFF 1.103 1.03 .00 12/01,/09 12/18/09 1.03 .010 54300 JD'RZMY/MORGAN AGUE 15.00 15.00 .00 12/101,/09 12/28/99 73.11 13.11 1 55900 LARRY COFFLAND 8.48 8.48 .00 12/01,/09 12/18/09 177.62 1.69,14 2 58000 GLOBAL AUTOMOTIVE 15,010 15.00 00 12./01/09 12/28/09 26.64 26.64 1 DISCONNECT EXEMPT. F FINAL BILLED. 'T'IME DELA' # OF TIMES DELINQUENT IN THE LAST 12 MONTHS. i UBPASTRP Wed Dec 30, 2009 10,44 AM *** CITY OF FAIRFAX IA *** OPER: DTT PAGE 2 05.12.09 DELINQUENT ACCOUNT LISTING ** REPORT TOTALS *** ACCOUNT NO/CUSTOMER NAME DELLNQ!UE'NT AMOUNT BUDGET ---LAST DATE--- ---LAST AMOUNT---- TI14E CUSTOMER ADDRESS AMOUNT DUE DUE BILLED PAID BILLED PAID DELQ ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS 1070,25 1078.25 .00 1083.39 675.44 i I I City of Fairfax Balance Sheet As of December 31, 2009 Dec 31, 09 ASSETS Current Assets Checking/Savings Fairfax Visioning 3,977.64 Certificates of Deposit General Fund' Library - 10271 9,056.81 Library Special Gifts Trust 198,120.82 General Fund l - Other 130,009.05 Total General Fund 337,186.68 Sewer Fund48,897.35 Total Certificates of Deposit 386,084.03 Checking Account Drainage/Detention Project 61,537.46 General Fund 152,904.85 Special Revenue Local Option 09 86,755.73 Road Use Tax 80,662.65 Employee Benefits 15,014.83 TIF Fund 416,799.11 Total Special' Revenue 599,232.32 Debt Service Fund 0.01 Enterprise Fund Remote Meter Read Project 23,429.13 Water Main Project 1i 01,604.01 Water 51,638.36 Sewer 104,788.60 Garbage 22,094.01 Lagoon/WWTF Project 5,782.33 SRF Bond Fund 52,750.20 Trust & Agency 16,185.00 Total Enterprise Fund 331,413.38 Total Checking Account 1,145,088.02 Savings Accounts Parks Dept- Guaranty 2,118.35 General - Murphy Land 1,856.51 Parks Department FFSB 5,105.83 Arbor Team 1,132.23 FD Equipment City of Fairfax Balance Sheet As of December 31, 2009 Dec 31, 09 Memorial Fund) 3,980.07 Public Education 340.51 Regular Savings 10,393.12 Total FD Equipment 14,713.70 FD Fireworks 14,171.41 Library Gifts & Bequests Memorials 1,911.63 Library Gifts & Bequests - Ot... 8,460.79 Total Library Gifts & Bequests 10,372.42 Local Option 2004-2005 Sewer Improvements 60,789.70 Total Local Option 2004-2005 60,789.70 Total Savings Accounts 110,260.15 Total Checking/Sa'vliings 1,645,409.84 Total Current Assets 1,645,409.84 TOTAL ASSETS 1,645,409.84 LIABILITIES & EQUITY'' Equity 3000 • Opening Bal Equity 1,813,787,70 Net Income -168,377.86 Total Equity 1,645,409.84 TOTAL LIABILITIES & EQUITY 1,645,409.84 Certificates of Deposit Balance Sheet As of December 31, 2009 Dec 31,09 ASSETS Current Assets Checking/Savings General Murphey Land 4610013670 20,183.31 General Murphy Land -Other -20,183.31 Total General l Murphy Land 0.00 Nature Trail Project 60012463 27,818.56 Total Nature Trail Project 27,818.56 General Fund. Maintenance Fund 08 60025315(60018546) 6„226.95 Total Maintenance Fund 08 6,226.95 Maintenance Fund 07 60012454 6,676.46 Total Maintenance Fund 07 6,676.46 Maintenance Fund 60008316 6„950.77 Total Maintenance Fund 6,950.77 Library LSG Truest 60019991 198,120.82 10274 9,056.81 Total Library 207,177.63 Policy&Administration 60008575 2,77119 10681 8,450.38 600251'S'S(60023745) 24„595.77 60007237' 6,878.23 Total Policy&Administration 42,695.57 Transportation 10680 8,450.38 60010233 31,190.36 Total Transportation 39,640.74 Total General) Fund 309,368.12 Sewer Fund 60025057(46'10081350 GS) 7,380.54 60025164(60023763) 41,516.81 Total Sewer Fund 48,897.35 Total Checking/Savings 386,084.03 Total Current Assets 386,084.03 Pagel Certificates of Deposit Balance Sheet As of December 31, 2009 Dec 31,09 TOTAL ASSETS 386,084.03 LIABILITIES & EQUITY Equity Opening Bat Equity 197,403.74 Retained Earnings 201,107.08 Net Income -12,426.79 Tota) Equity 386,084.03 TOTAL LIABILITIES&IEQUITY 386,084.03 Page 2 N U) U) m (n U) rn (n (n cn V w tm C = = a= = t c s C Gtr. O O O O O O O O O O O H E E E E E E E E E E LU O (D (D (O r' O (D (D (D (fl (0 ifl 0) O7 (n N N (r7 w (n (n to to (n (A C C C C ((1'. c C C C C C C O O O 0 -0 O O O O O O O E E E E N E E E E E E E 00 OD OD OD 00 IN M N M 00 N oD O O O Q O O Q Q r- r Q CD C3 r Q s- O t() r QO O M O CO O C3 N N � (dE IN ray N M r M d (D r OD M r M M 0 0 0 \ c *201 \ \ \ \ c c III 00 O OD M i$' 0 O Nr M N ` LO O 0 I,- E^- r N DC7 M 00 M += W N Ni N N `-' N m N N m r (M d E M 13,0 m O O M O O IM O (DO C7 O C a) Q O O N ( 0 0 Q Q N C3 yr 0 L M, N V r � O o O M r C> CN Im 0CN fL r^ IM cJ (0 r (D M M M � I d 't1 +'' r- OR (D CA CIO M CO {-- h 0 (0 V) V) Coto � ' N (D C 00 r M � N � (7 M i• St st Q CA Lq LD N b (O N ti �- O O'co" O 0 � 66 (6 (6 6 (D 000 G1 u) r r L� � 0) Ih. � In r IT � LO � (� N N 0 � e^ > O � � ti 00 �I O0) 0 (0 NN ti Q 07 N N as tDi Q co (D (Q ( 0 (O Q N IN �_ V O C O C LL to (�4 MC a C11 O 00 ++ C Gil W O -a "'' G r_ C O tJ C_ Q C C LL ILL LL — O U E W) w Ill otf O M Q O (D 0 � (D 0 a M � Mi ' � rte, Q LO r G�I (moi N = C M = Nt r- M 2 - of a VOO � O ((7MIlh. ' BOO � @OO (0N M0 i' N � e x04 wCD :j � OccCI0fLL fl.(0D0 i. CO 00 = 0 � p G1 ICdI m a O O >+0 0 0 0'S (0 O O F' r0+ 0 *a O +O+ O r e- (D M C1 0 (D (D to yp C (D L= 0 C (D 0 (D-60 d LL 0- F°- z ;I o '1CI. GDS u m E / LU o � c 2 � \ 0 a Eb o0 / / : t � $ ¥ � Im @ r / ¥ � r_ / \ § w � / / / / � CN CN ■ D OD # % 0 q � aP.: / co OD to C w _ - � � c � @ U � e 0 0 N .. to % # U- C C 2 $ � 2 NN % / � 00 � % U J 0 2 � m R W) v} N --+ .w v, 1pW kr) ,-y M M i O m N m 00 O 00 00 kf) m .-i 00 t-- 00 � N ' y p d o� O LD 06 n C7 C> N �1 V) ,� M i t� 4T in M n O m chi' C O -i O o0 -- No iNrn 01" O C11 ^" N !NF3 Sr4 oho :C71 Vl O *- O .••+w � N � kn 00 W. 00 M " � I A O N N kn N 0 00 �c \c O m r- ON 00 N Lr) M V ct in M « + N L,� 00 tl0 V -- 00 V1 v i in vl Lr) M C d; �n .-� r-1 (� t• CN d O N I d T N Ln N M 4G cf *-� O M 4G -G' .-y M +-- 00 O iw Ln C-6 O N —1 O +a i m cT t� V7 G r- N 00 C) N ++* � m —4rn00 a; 00 4T 0606 r- cn may, Aa � �, •� EW � Ey QU w rn U V71 cd cl C� c7 �laC7aQ ra � f>~ f.� wa ¢� c.i knN M 00 a,) 01 00 00 tr) 00 -- 00 N G ) CV to .-- �n O �t N -- W) IRS � C Q p, 7, v E 0000 O V^1 �n o n o o ® oho ' 0 00Lo N N l �i 4-4 c- O oci U F C, M in C� q^ o VN ur, C d �t to CD zo t a : 00 00 m 00 0 � 00 00 c) kr) M M . : V -.4 IFS r. Ln ol� kn to O t d O � V'1 00 O .-w 00 .00 . r> DO M M Ct G 00 C° 00 c oo N O cT v� vi �D e-a V 1 O N — t• N -- , � M u H w crs O E� O d o to a s i i o +; 4-1 W � C7 0 a U Receipts/Expenditures by Fund 31 December 09 December Receipts General Fund 42,455.48 Employee Benefits 92.87 Road'Use Tax 90,736.26 T&A'Meter Deposits 300.00 Water Fund 92,880,99 Sewer Fund 93,384,69 Garbage Fund 7,385,51 TIF 2,705.70 SRF(Bond Retirement 8,784.00 Visioning Fund 15„000.00 FD Equipment Fund 937.59 FD Firework's Fund 44.18 Library Giftsl6equests 25.85 LOST Sewer Imp 2004-05 189.57 Arbor Team 3.53 Parks Dept 15.92 General-Murphy 9.50 Parks Guaranty Bank 5.33 General CDs 568.66 Library CD 115.66 Sewer CDs 534.30 Total(Revenue; 1116,175.51 December Expenses General)Fund 66,698.38 Employee Benefits 1,155.14 Road)Use Tax 21,610.05 Water Fund 20,083.58 Sewer Fund 8,903,00 Garbage Fund 7,449.75 T&A-Meter Deposits 600.00 Drainage/Detention Project 11,365.87 Debt Service 69,663.90 Bond(Retirement Fund 35,850.00 Rewrote Meter Read Project 7,164.61 Water Main Project 194,189,95 Total Expenses; 444,734.23 Transfers In: General Fund 11,200.00 Water Fund 0.20 Library GiftstBequest 2,354.29 Transfers Out: Fairfax Visioning 11,200.00 Trust&Agency 0.20 General Fund 2,354,29 Claims List dated 14 January 2010 Checks 31610 - 31762 Drainage/Detention Project Check 31748 Hall&Hall Engineers, Inc, Fees 1,265.00 Total Drainage/Detention, 1,265.00 General Fund Check ACH Elan Various items 311.44 Check DEBIT USPO Postage 159.04 Check Transfer Library Gifts/Bequests Savings Govt funding FY 2008-09 2,354.29 Check 31610 Cathy Bayne Reimbursements 155,66 Check 31611 Baker&Taylor Books 471.23 Check 31612 Beth Wilz Reimbursements 128.43 Cheek 31613 Cedar Rapids Photo Copy Equipment 19.87 Check 31614 Penworthy Books 311,92 Check 31615 Thomas Bouregy&Company Books 139.50 Check 31616 Follett Software Service/support 829.00 Check 31617 Consumer Reports Subscription 18.00 Check 31618 Iowa History Journal Subscription 27.95 Check 31619 Eastern Iowa Carpet Care,Inc, Carpet cleaning 98.50 Check 31620 Pace Supply Janitorial supplies 70,10 Check 31621 K&B Ag Supply Seed 3,016.65 Check 31622 K&B Ag Supply Fertilizer 2,580,00 Check 31623 George Martin Disk/chisel plow/seed 2,287.37 Check 31624 Don Martin Disk/chisel plow,seed 2,287.37 Check 31628 Cynthia K.Stimson Wage 557.56 Check 31630 Fairfax State Savings Bank Taxes 92,44 Check 31636 Wellmark Insurance 331.58 Check 31638 Price Industrial Permit refund 251.00 Check 31642 Cynthia K.Stimson Wage 564.02 Check 31644 Dave Yanecek EMA meetings 125.00 Check 31645 Nancy Flickinger Wage 2,698.10 Check 31646 Fairfax State Savings Bank Taxes 644.82 Check 31650 Catherine Bayne Wage 2,285.16 Check 31651 Raymond C. Davis Wage 211.96 Check 31652 Kathy J, Everett Wage 535.52 Check 31653 Loralei A.Pleiness Wage 135.98 Check 31654 Beth A.Wilz Wage 120.49 Check 31655 Jo Ann Beer Meetings 323.22 Check 31657 Nancy Flickinger Meetings 465.71 Check 31658 Burnell G. Frieden Meetings 369.40 Check 31659 Marc E.Magers Meetings 369.40 Check 31661 Jason M. Rabe Meetings 369.40 Check 31662 Cynthia K.Stimson Meetings 496.60 Check 31663 William H,Voss Salary 1,154.37 Check 31664 Marianne Wainwright Meetings 323.22 Check 31666 Fairfax State Savings Bank Taxes 1,201.62 Check 31669 Jeff&Tammy Tronvold Lighting contest 100.00 Check 31670 Steve&Sandra Tomash Lighting contest 50.00 Check 31671 Ed&Susan Lala Lighting contest 25,00 Check 31674 Mid American Energy Gas 590,24 Check 31678 Cynthia K.Stimson Wage 561.01 Check 31680 Fairfax State Savings Bank Taxes 98.18 Check 31684 IPERS Taxes 749.30 Check 31689 Treasurer,State of Iowa Taxes 1,344,00 Check 311693 Faraway Stores Various items 118,18 Check 31694 Hall&Hall Engineers, Inc. Fees 1,320.00 Check 31699 Hall&Hall Engineers, Inc. Fees 4,750,00 Check 31702 Mayberry Electric Labor&photo cell 105.04 Check 31704 RDJ Specialties Mugs&candy 760.89 Check 31705 Professional Plumbing Service Parts 13.74 Check 31706 US Cellular Phones 29.06 Check 31710 Linn County REC Electricity 33.99 Check 31713 Danko Emergency Equipment Gear 1,000.00 Check 31715 South Slope Telephone Phones 529.37 Check 31716 Alliant Energy Electricity 642.33 Check 31723 Linweld,Inc, Rental&oxygen 64.92 Check 31724 Pace Supply Soap 16,10 Check; 31725 Simmons Perrine, PLC Legal fees 1,066.05 Check 31726 IMFOA Dues 30.00 Check 31727 ORKIN Exterminating 59,56 Check 31728 Linn County Firefighter's Assin. Training books 132,00 Check. 31729 Strategic Print Solutions,Inc. Copy contract 115,20 Check 31730 Solbergs Plaque 50,94 Check 31731 Gazette Communications,Inc. Publishing 258.31 Check 31732 BILI Voss Mileage reimbursement 731.50 Check 31733 Fauser Energy Resources Fuel 1,306.95 Check 31744 Menards-Cedar Rapids SO Various items 216.09 Check 31748 Cynthia K.Stimson Wage 561.02 Check 31750 Fairfax Senior Citizens Donation 100.00 Check 31751 Fairfax State Savings Bank Taxes 98.17 Check 31755 Staples Credit Plan Various supplies 356.97 Check 31756 Grayb€Il Communications Mobile m€c&batteries 126.95 Check 31757 Kirkwood Community College Training 150.00 Total General Fund: 47,153.95 Road Use Tax Fund Check 31626 Ronald G.Dusil Wage 652.04 Check 31627 Lynn D.Miller Wage 497.74 Check 31629 David Yanecek Wage 561.20 Check 31632 Fairfax State Savings Bank Taxes 664.46 Check 31635 Wellmark Insurance 1,475.83 Check 31644 Ronald G.Dusil Wage 652.04 Check 31641 Lynn D.Miller Wage 497,74 Check 31643 David Yanecek Wage 561.19 Check 31648 Fairfax State Savings Bank Taxes 664.48 Check 31656 Ronald G.Dusil Meetings 316.91 Check 31660 Lynn D.Miller Meeting 67.36 Check 31665 David Yanecek Meetings 331.12 Check 31668 Fairfax State Savings Bank Taxes 223.24 Check 31676 Ronald G.Dusil Wage 650,44 Check 31677 Lynn D.Miller Wage 495.74 Check 31679 David Yanecek Wage 559.19 Check 31682 Fairfax State Savings Bank Taxes 670.48 Check 31686 (PERS Taxes 1,311.36 Check 31690 Treasurer,State of Iowa Taxes 1,294.00 Check 31709 Linn County REC Electricity 491.62 Check 31714 Sankot's Garage Truck maintenance 276.12 Check 31719 Alliant Energy Electricity 978.32 Check 31734 Fauser Energy Resources Fuel 1,127.38 Check 31735 Frank's Tree&Lawn Care Service Tree removal 1,000.00 Check 31736 Cargill, Inc. Sall&sand 1,126.72 Check 31737 Crawford Quarry Co. Roadstone 65.07 Check 31738 Future Line Truck Equipment' Plow parts 59.30 Check 31739 Midwest Wheel Companies Lights 147.71 Check 31746 Ronald G. Dusil Wage 650.04 Check 31747 Lynn D.Miller Wage 495.74 Check 31749 David Yanecek Wage 559,20 Check 31753 Fairfax Stale Savings Bank Taxes 670.46 Check 31761 Schrader Excavating&Grading,Co. Trucking/salt&sand 915.34 Total Road Use Tax Fund: 20,709.18 Employee Benefits Check 31631 Fairfax State Savings Bank Taxes 54.44 Check 31637 Wellmark Insurance 407.69 Check 31646 Fairfax State Savings Bank Taxes 327.82 Check 31667 Fairfax Stale Savings Bank Taxes 329.90 Check 31681 Fairfax State Savings Bank Taxes 55.18 Check 31685 IPERS Taxes 471.38 Check 31752 Fairfax State Savings Bank Taxes 55.17 Total Employee Benefits: 1,701.58 Remote Meter Read Project Check 31698 Hall&Hall Engineers, Inc. Fees 4,695.17 Total Remote Meter Read: 4,695.17 Water Main Project Check 31697 Hall&Hall Engineers, Inc. Fees 5,923.75 Check 31708 Terracon Geotechnical fees 731.50 Check 31760 Rathje Construction Co. Pay request 3 60,793.42 Total Remote Meter Read: 67,448.67 Water Fund Check ACH Elan Postage 4.95 Check DEBIT USPO Postage 212.24 Check 31672 Mid American Energy Gas 145.09 Check 31675 Jeffrey A.Ammeter Wage 599.36 Check 31683 Fairfax State Savings Bank Taxes 241.88 Check 31691 Treasurer,State of Iowa Taxes 2,389.00 Check 31695 Hall&Hall Engineers,Inc. Fees 110.00 Check 31703 Mayberry Electric Well repairs 862.53 Check 31707 US Cellular Phones 167.75 Check 31712 Linn County REC Electricity 1,339.27 Check 31718 Alliant Energy Electricity 460.67 Check 31720 Keystone Laboratories, Inc. Tests 21.00 Check 31721 Carus Phosphates,Inc, Chemicals 682.33 Check 31722 Schimberg Co, Extensions&risers 132.42 Check 31742 Maguire Iron, Inc, Water tower repairs 10,381.00 Check 31745 Jeffrey A,Ammeter Wage 599.37 Check 31754 Fairfax State Savings Bank Taxes 241.86 Check 31762 Iowa One Call Digging 9.90 Total Water Fund: 18,600.62 Sewer Fund Check ACH Elan Caulking 33.78 Check 31625 Jeffrey A.Ammeter Wage 601.36 Check 31633 Fairfax State Savings Bank Taxes 239.88 Check 31634 Welimark Insurance 331.58 Check 31639 Jeffrey A,Ammeter Wage 601.38 Check 31649 Fairfax State Savings Bank Taxes 239.84 Check 31673 Mid American Energy Gas 385.10 Check 31687 IPERS Taxes 464.72 Check 31688 Treasurer,State of Iowa Taxes 504.00 Check 31692 Treasurer,State of Iowa Taxes 206.00 Check 31701 Mayberry Electric Repairs Lift#1 292.48 Check 31711 Linn County REC Electricity 336.01 Check 31717 Alliant Energy Electricity 2,359.12 Check 31741 Lakeside Equipment Corporation Shear pin 56.00 Check 31743 Menards-Cedar Rapids SO Various items 347.73 Check: 31758 Keystone Laboratories, Inc. Tests 173.12 Check 31759 Ace Electric, Inc. Block heater repairs 307.00 Total Sewer Fund: 7,481,10 Garbage Fund Check 31744 Johnson County Refuse, Inc. Services 7,385.25 Total Garbage Fund: 7,385.25 Total Claims: 176,440.52 RESOLUTION NO. 2010-01 RESOLUTION APPROVING CHANGE ORDER NO. 5 FOR THE WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENTS WHEREAS, the City Council of Fairfax, Iowa has contracted with Rathje Construction Co. for the Water Main Replacement Program, Phase I Improvements, within the corporate limits,and WHEREAS, Hall and Hall Engineers, Inc., has recommended approval of Change Order No. 5, to amend the contract by accepting Item#1, Item 42, Item#3, and Item #4 as listed bellow for revisions to four water services for a total increase to the contract in the amount of$6,208.60: Item #1: 2" water service to the Fairfax State Savings Bank located on Vanderbilt Street for an additional $1,147.99 Item #2: 2" water service to the St. Patrick's School Daycare on Church Street for an additional $2,505.25 Item #3: .75" water service to the baseball diamond located on Church Street for an additional $760.21 Item #4: 1.5" water service to the Railroad Street Housing LP Apartments located on Railroad Street for an additional $1,795.15 NOW, THEREFORE, RE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve Change Order No. 5 for the Water Main Replacement Program, Phase I ]Improvements which will result in an amendment to the contract as described in the previously listed Item #1, Item #2, Item#3, and Item #4 for a total increase to the contract in the amount of $6,208.60. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 14th day of January, 2010. AYES: Beer, Frieden, and Magers NAYS: None .ABSENT: Wainwright. One seat is vacant. J on Rabe;Mayor ATTEST: Cy hia Stfm on, Crty Clerk CHANGE ORDER NO. PROJECT: WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENTS FAIRFAX, LINN COUNTY, IOWA DATE: January 7, 2010 CONTRACTOR: Ratlije Construction Co. Marion, Iowa ORIGINAL CONTRACT AMOUNT: $243,728.65 REVISED CONTRACT AMOUNT: $344,993.53 (After C.O. #4) MILESTONE DATE: December 9, 2009 (After C.O. #4) REVISED CONTRACT COMPLETION DATE: May 28, 2010 (After C.0. #4) ITEM#1: Revisions to four(4)water services as follows, for a total increase to the contract in the amount of$6,208.60. ITEMESTIMATED UNIT PRICE EXTENDED NO ITEM DESCRIPTIONUNITUNIT (Bid COST Numbers) 2"water service to the Fairfax State Saving C105-1 Bank located on Vanderbilt Street 1 EA $1,147.99 $1,147.99 2"water service to the St. Patiriicks School C105-2 Daycare on Church Street 1 EA $2,505.25 $2,505.25 314"water service to the baseball diamond C05-3 located on Church Street 1 EA $760.21 $760.211 1-112"water service to the Ralllroad Street C>05-4 Housing LP Apartments located on Railroad St, 1 EA $1,795.15 $1,795.15 TOTAL: $6,208.60 Revised Contract Amount after C.O. #4 $344,993.53 GO, #5 $6,208.60, Revised Contract Amount: $351,202.13 Rathje Construction Co. Hall & Hall Engineers, Inc. By: L o r-e..� l By: Title: _..L9_z°c�/"C�� Title: /11`1171-';--- Erv41- Date: 1 — 01 l Date: City of Fairfax, lows By; , Date: RESOLUTION NO. 2010-02, RESOLUTION APPROVING CHANGE ORDER NO. 6 FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS WHEREAS, the City Council of Fairfax, Iowa has contracted with Rathje Construction Co. for the Water Main Replacement Program, Phase I Improvements, within the corporate limits; and WHEREAS, Hall and Hall Engineers, Inc,, has recommended approval of Change Order No. 6,to amend the contract by accepting Item#1 as listed below to increase the 4"water service line to the fire station to a 6"line„for a total increase to the contract in the amount of$766.67: Item 91: Increase the 4" water service line to the fire station to a 6" line for an increase of$766.67. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve Change Order No. 6 for the Water Main Replacement Program, Phase I Improvements which will result, in an amendment to the contract as described in the previously listed Item#1 for a total increase to the contract in the amount of$766.67. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 14th day of January, 2010. AYES: Beer, Frieden, and Magers NAYS: None ABSENT: Wainwright. One seat is vacant. Jas n Rabe„ Mayor ATTEST: Cynt is Stimson, City Clerk CHANGE ORDER NO. 16 PROJECT: WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENTS FAIIRFAX, LINN COUNTY, IOWA DATE: J'aintuary 7, 2010 CONTRACTOR: Rathje Construction Co. Mlar'ion, Iowa ORIGINAL CONTRACT AMOUNT: $243,728.65 REVISED CONTRACT AMOUNT: $351,202.13 (After C.O. #5) MILESTONE DATE: December 9, 2009 (After C.O. #4) REVISED CONTRACT COMPLETION DATE: May 28, 2010 (After C.O. #4) ITEM#1: Increase the 4" water service line to the fire station to a 6" line, for a total increase to the contract in the amount of$766.67. ITEM ESTIMATED UNIT PRICE EXTENDED NO. ITEM DESCRIPTION QUANTITIES UNIT (Bid COST Numbers) Increase the 4"water service line to the fire C06-1 station to a 6" line 1 EA $766.67 $766.67 TOTAL: $766..67 Revised Contract Amount after C.O.#5 $351,202.13 C.O. #6 766.67 Revised Contract Amount: $351,968.80 Rathje Construction Co. Hall & Hall/Engineers, Inc. By: Z- orO-� X-16111 By: f t Title: �G�/ -c:c- Title: r -ter � Date: �� �� d f o Date: f Z0 t La City of Fairfax, lowqt B : y Title: -v v �'q w f fj Date: P ` ' 'U RESOLUTION NO. 2010-03 RESOLUTION TO ISSUE PARTIAL PAYMENT#3 TO RATHJE CONSTRUCTION CO. FOR THE WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENTS WHEREAS, the City Council of Fairfax, Iowa has contracted with Rathje Construction Co. for the Water Main Replacement Program, Phase I Improvements, within the corporate limits; and WHEREAS, Hall and Hail Engineers, Inc., has recommended approval of Application for Payment No. 3 from Rathje Construction Co., for a current payment due of$60,793.42. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve the Application for Payment No. 3 from Rathje Construction Co. for the Water Main Replacement Program, Phase I Improvements and issue a check. for$60,793.42. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 14h day of January, 2010. AYES: Beer,Frieden, and Magers NAYS: None ABSENT: Wainwright. One seat is vacant J on Rabe,Mayor ATTEST: Cyn is Stimson, City Clerk. APPLICATION FOR PAYMENT APPLICATION . 03 Project: WATER MAIN REPLACEMENT PROGRAM, PHASE.II FAIRFAX, LINNI COUNTY, IOWA Contractor: Rathje Construction Co. 305 44th Street,,, P.O, Box 408 Marion, Iowa 52302 Owner: City of Fairfax, Iowa Original Contract Amount: $243,728.65 Revised Contract Amount: $351,968.80 Date: January 6, 2010 The Contractor noted above, in accordance with the provisions of the contract documents, hereby requests approval of this application for payment on the following estimates of contract work completed: Original Contract Work Completed $ 222,472.30 Vaterials Stored On Site $ Change Orders: Change.0rdp �N �. . . . d Amount 1 July 30, 2009 $ 25,600.00 2 August 13,2009 $ 71,502.15 3 October 27, 2009 $ 4,162.73 4 December 8,2009 $ n 5 January 7,2010 $ 6,208.60 6 January 7,2010 $ 766.67 Total Change In Contract Amount from Change Orders $ 108,240.15 Total Change Order Work Completed) $ 108,374.37' Total Complete and Stored to Date $ 330,846,67' Retainage 5%u $ 16,542.3:3 Total Complete and Stored to Date Less Retainage $ 314,304.34 Description (Less Previous Payments $ 253,510.92 Current Payment Due $ 60,793.42 Distribution: Owner Engineer Contractor Other Page 1 of 3 CON'TRACTOR'S CERTIFICATION: The undersigned Contractor certifies,to the best of the Contractor's knowledge,that the above information and estimated values of completed work covered on this Application for Payment have been completed in accordance with the provisions of the Contrac Contractor's Authorized Representative: " By: Zor—e-n Date, ENGINEER'S/ARCHITECT'S RECOMMENDATION: In accordance with the provisions of the Contract Documents and based on the Engineer's/Architect's on- site observations of the work included in this Application for Payment and Ibased on the Engineer's/Architect's review of this Application for Payment in Engineer's/Architect's Authorized R presentatNe: , By:_._ � C . �c , Date: t P ✓ C'I'TY OF FAIRFAX PAYMENT RECOMMENDATION: Payment to the Contractor is hereby recommended based on the Application for Payment submitted by the Contractor and the Engineer's/Architect's recommendation. City of Fairfax Authorized Representative. By: Date: 1. bine Item Schedule of Contract Values Summary,Amounts Completed This Period, and Amounts Completed To Date. Recommend use of AIA Document G703. 2. Line Item Schedule of Contract Materials Stored and Values (if applicable). ACCOUNTING USE ONLY: - Description Page 2 of 3 APPLICATION FOR PAYMENT APPLICATION NO.03 Projanl: WATFR MAIN REPLACEMENT PROGRAM,PHASE I PAIRFAX,.UNN coUNTY,IOWA Contractor: Ralh]a eonsloaollean'C. Engliriw: Hall&Hall Engineerls,Reno. Revised Contract Amount: $351,965.80 Date: January 6,2014 S,id, Sid Prices This P'erlod To Date Item em Description Units Quantities Unit Price Total Quantity Aamolunl: Quantity Amount %Complete. 1.. Mobllliculon LS 11 S 10,000.00 $16.00.90 0.18 $01„8!00.00 0,95 $9,500,00 95,00% 2 11R.1r.Can€ml LS 11 $ 2,275.0 $2,275,00 020 $455 CIO 1,00 $2275,00 100.00"/0 3.. Tampon Erosion and Scdim.nl Conb.l LS 11 ; 150.00 $1S40p 0.00 $'0'.470' 0.00 $0,00 0.00% 4. C-Irigand Crubbing LS 1 ; 1140D.20 $1400.00 0.25 ;350.'018 1.00 $1,400,00 100.00••••.% &'PVC C-900 Wa€ermaln Induding Necessary Pavement Removal,Disposal end Replacement, $75,207.16 0.00 $10,00 3,092.00 $76,217,80 101.34% Potyelhylene Wrap,Tracer Wlre,and Fflllrtgs In 5. Pace Sees eclat Provislnns LF 3,05% IS 24.66 12"PVC C-900 Watermaln Induding Necessary Pavement Removal,Disposal and R%lacomml, $62,161.50 0.00 $'01.001 1,437.0 $52,509,50 100,56% Polyelhylana Wrap.Tracer V01m,and Fillings In 6„ Ptaca(flea SPaclal Provisions) LF 11.;429 $ 43,50 1. 7. &"Water Maln Gal.V.Ne&-bly EA. 115' It 900.90 $11,700.0 1.00 $900.100 11.00 $9.900,00 84,62/'. 6. 92"Wa1er Main Gat.Valve Assembly EA. a $ 1,600.00 $12,00400 0.00 Voli 7.00 $11,200.0 87.50% 9. &`Water Mal,Slaw-Ofr Assembly EA. 3 $ BDI $1800.00 0.00 $0.001 2,00 $1,200.40 66,67% 110, 12'Welerm.i.nlow-oft Assan5ly EA 11 $ 600,n0 $600,00 0.99 $101„00 0,00 $0,00 0.40% , M1t.. &"Waley Mal,Alr Rolsasa As_rrbl EA. 2 If 600.0 $1,209.00 4D0 501„00 0 m 50.00 0.00% '1 Conn.1 Ex.4'Dia Wear 5ervlce From Fir- t2. Siallo-n to New Water Mal. EA 1 S 1,200.00 $1,20D.00 1.00 $11,2'0'0.00 140 $1,200.00 100,00%. Water services,1'Capper,Idcluding Removal, Disposal,and Replacement 4 E.IMIng Cwb $25,410.00 16,00 $12„320.00 41,00 $31,570,00 124.24°x. 13. Slop and Sox EA 33 If 770.00 Waterservices{Diredtonal pdtl7.1"Copper, lode ing Removal,Disposal,and Replacement $27,500.00 10,00 $111„000.00 14,90 $15,400,00 56.60% 44. ml Eloping Corp$top-d Box EA 25 $ 1,100.00 Connrsi Existing Fire Hydran!. Lead to 15.. Waterm.in,Induding R.=tNaw L-e EA 9' $4,725.00 0.00 $'0,00 D.OD $0.00 0'a0%$ 52100 116.. Dlsl.laction and Hydr-Wir..Testing L8 1I ; TDD.00 $100,00 0.10 $110.00 1.00 $100,00 100,00% 117. Gradingaed Seeding LS 1 $ 5,5001 $5,500.00 0,00 $'9.00 0.00 60.00 COMPUTED TOTAL BID{ITEMS 1 THROUGH 171=. $243,728.65 $25,035.93 $222,472.30 91.28.% MATERIALS STORED ON SITE ITEM DESCRIPTION UNITS QUANTITY PRICE PER UNIT'JJ.. TOTAL TOTAL MATERIALS STORED ON SITE'II. $0.100 CHANGE ORDERS This Period! To Date NO. a....jptlon Unit Toilet Unit Prine Total Quantity Amnatret Quantity Amount %Complete Quanta I Added New Fire H drams Ia Pro au! EA a, $3.200.00 $25 600.00 2.00 $5,400„00 1000 $32,000.90 126,00% ' 12 a'"Dia PVC Water Main LF 78P $24.65 519,251,65 774,00 $19,1079.110 786,00 $19374.90 100.84% 2 12'Dia PVC Water Main LF 523 $43.50 $27,100.50 0.00 $0100 623,00 $27,10n,50 100.OW6 2 8'Gate Velva EA. 4 $900.00 $3500,00 0,00 $0„1M0 4.00 $3,600.00 100.00/ 2 12'Geta Valve EA. 3 $1,500.00 $4 500,00 9,Do $0 no 3.00 $4.800.00 100.00% 2 12'Blcl -ff Assembly EA. 1 $800.00 $6C000 0.0Q $0 U0 0.00 $C.00 0.00% 2 Water Service,1"m e and stop box EA. 8 $770-00 $4,52000 -1.00 $7710.001 6.0 $3,560.00 83.33.% 2 loonnect Floe Hydrant to new Water Maln EA. 2 $525.00 $h.05080 0.00 $0.100 0.00 $0.000.00% 2 Furnish and Install Fire Hydrant EA. 2 $3,200.00 $6,400,00 0.00 $0.010 2.00 $6,400.00 100.00% 2 Remove and Replace Fence(Sankot Prop.) EA 1 $1,100.09 $1,100,00 0 $0.00 0.00 1 0,00% 12 Parmanenl Emslon S.edivg Cty151 EA 1 $420.00 $42000 0.00 $0.00 0.00 $0.00 0.00% 2 Fresion Control Matting H 151 EA 1 $365.0 $385.00 0.00 $0.1610 0.00 $0.00 0.00% confined Space Water main Install, 12 Including necessary Tree Trimming and EA 1 $2,195,00 $2,195,00 1.00 $2,M5.00 1.00 $2,165.00 100.00% DIPo..I Compae18'PVC water mein french to 95% 3 compaction along Hwy 151,Includes trench LF 781V $5.33 $4,162,73 39000 $21,U713..70 390,00 $2,078.70 4&94% b- 4 Revlsi.r.m the centred schedule 5 k 2'-1.,. i.. Vanderhlkl sireel to the Fairfax State Saving Rack EA 1 $1,147.99 $1,147,99 1.00 $11,14,7.19 1.D0 $1,147.99 100.00% Hank Ior,3Eed on 15 2"waterservice to the 5l.Pallicks School EA 1 $2,505.25 $2,505,25 1.0 $7,505.'25 1A0 $2,505.25 iD0.00% D care on Church St..[ 5 3!4"Water seryice to the hasahall dlamorat EA 21 1 $764 $75021 1.00 $750.21 1.00 $760.21 100.00% [a led on Church Street 1-112"waterservice to the RaElma i Slreel S Housing LP Apartments located on Rallroad EA 1 $1,795.15 57,795,15 1.00 $1„796.15 1.00 $1,795.15 100.00% S. 16 Increase laeo f water service line to the fire EA t $766.67 $766.67 1.00 $786,87 1.0 $786.67 100.0% station to a 6"line CHANGE ORDER NO.01.7 TOTALS 5106,240.15 $35,958.{4. $100,374.37 100.12/. REVISED CONTRACT TOTAL AFTER.ALL IC.D.'s $251,91 $2212472.30 ORIGINAL CONTRACT WORK COMPLETED :50,00 MATERIALS STORED ON SITE $t019,3743T TOTAL CHANGE ORDER WORK COMPLETED $3310948.87 TOTAL 5.00% $116642.33 RETAINAGE $314304,34 TOTAL LESS RETAINAGE $253510.92 LESS PREVIOUS PAYMENTS Page 3 er 3 Fairfax/419915-13/2nd 112 Iss-GO Wtr 419915-1 (Issuance - G.O.) Fairfax, Iowa January 14, 2010 The City Council of the City of Fairfax, Iowa, met on .January 14, 2010, at 7:00 o'clock p,m., at the city hall, Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Members present and absent: Present: Joann Beer, Bernie Frieden, and Marc Magers Absent: Marianne Wainwright. One seat is vacant. The Council took up for consideration a resolution approving and authorizing a Loan and Disbursement Agreement and providing for the issuance of$139,000 General Obligation Water Improvement Bonds and providing for the levy of taxes to pay the same After due consideration and discussion, Council Member Magers introduced the following resolution and moved its adoption, seconded by Council Member Beer. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Beer, Frieden,and Magers. Nays: None. Absent: Wainwright. One seat is vacant. Whereupon, the Mayor declared the resolution duly adapted as hereinafter set out. -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fa¢rfa ct419915-13/2nd 112 Iss-GO Wtr RESOLUTION NO. 2010-04, APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $1399000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME WHEREAS, pursuant to the provisions of Section 384„24A of the Code of Iowa, notice duly published and hearing held thereon on November 10, 2009, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, has heretofore determined to contract indebtedness and enter into a certain General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed $350,000 to provide funds to pay a portion of the cast of constructing improvements and extensions to the Municipal Waterworks System; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. It is hereby determined that the City shall enter into a General Obligation Water Improvement Loan and Disbursement Agreement with the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa, as lender(the"Lender"). The Agreement shall be in substantially the form as has been placed on file with the City and shall provide for a loan to the City in the amount of$139,000, for the purpose as set forth in the preamble hereof, The Mayor and City Clerk are hereby authorized and directed to sign the Agreement on behalf of the City, and the Agreement is hereby approved. Section 2. General Obligation Water Improvement Bonds, Series 2010A (the "'Bonds") are hereby authorized to be issued in evidence of the obligation of the City under the Agreement, in the total aggregate principal amount of$139,000, to be dated the date of delivery to or upon the direction of the Lender, and bearing interest from the date of each advancement made at the rate of 3,0% per annum pursuant to the Agreement, until payment thereof, as set forth in Exhibit B attached to the Agreement. The Bonds may be in the denomination of$1,000 each or any integral multiple thereof and, at the request of the Lender, shall be initially issued as a single bond in the denomination of $139,000 and numbered R-1. The City Clerk is hereby designated as the Registrar and.Paying Agent for the Bonds and may be hereinafter referred to as the"Registrar" or the"Paying Agent". Payment of the principal of and interest on the Bonds and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books, All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date, Final payment of principal shall only be made upon surrender of the Bond or Bonds to the Paying Agent. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-00 Wtr In addition to the payment of principal of and interest on the Bonds, the City also agrees to pay the Initiation Fee and the Servicing Fee (defined in the.agreement) in accordance with the terms of the Agreement. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Lender, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty (30) days notice of redemption by certified or registered mail to the Lender (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration,payment of the pifticipal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Bond shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds (the "Loan Proceeds"), and and all action heretofore taken in connection with the Agreement is hereby ratified and confirmed in all respects. Section 4. The Bonds shall be in substantially the fallowing form: -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419915-13/2nd 1/2 Iss-Go Wtr (Form of Bond) UNITED STATES OF AMERIKA STATE OF IOWA COUNTY OF LINN CITY OF FAIRFAX GENERAL OBLIGATION WATER IMPROVEMENT BOND, SERIES 2010A No. R-1 $139,000 RATE MATURITY DATE BOND DATE 3.0% June 1, 2029 January 27, 2010 The City of Fairfax (the "City"), in the County of Linn, State of Iowa, for value received, promises to pay from the source and as hereinafter provided, on the maturity date of this Bond to IOWA FINANCE AUTHORITY or registered assigns, the principal sum of ONE HUNDRED THIRTY-NINE THOUSAND DOLLARS Interest at the rate specified above shall be payable semiannually on June 1 and December 1 of each year, commencing June 1, 2010, and principal shall be due and payable in installments in the amounts shown on the Principal Payment Schedule hereon on June 1, 2010, and annually thereafter on June 1 in each year until the principal and interest are fully paid, except that the final installments of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2029. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The City Clerk shall act as Registrar and Paying Agent and may be hereinafter referred to as the "Registrar"or the "Paying Agent' Payment of the principal of and interest on this Bond and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final payment of principal shall only be trade upon surrender of this Bond to the Paying Agent. This Bond is one of a series of bonds (the "Bonds") issued by the City to evidence its obligation under a certain Loan and Disbursement Agreement, dated the date hereof (the "`Agreement") entered into by the City for the purpose of providing funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the "Project"). -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fa1rfW419915-13/2nd 112 Iss-GO Wtr The Bonds are issued pursuant to and in strict compliance with the provisions', of Chapter 3 84 and Chapter 76 of the Code of Iowa, 2009, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council authorizing and approving the Agreement and providing for the issuance and securing the payment of the Bonds (the "Resolution"), and reference is hereby made to the Resolution and the Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The Bonds shall be subject to optional redemption by the City at a price of par lulus accrued interest (i) on any date with the prior written consent of the Iowa Finance Authority; or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty(30) days notice of redemption by certified or registered mail to the Iowa Finance Authority (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the City, including this Bond, does not exceed any constitutional or statutory limitations. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DESMOINES,IOWA Fairfax/419915-13/2nd 1/2Iss-GO Wtr IN TESTIMONY WHEREOF, the City of Fairfax, Iowa, has caused this Bond to be executed by its Mayor and attested by its City Clerk, all as of the Band Date. CITY OF FAIRFAX, IOWA By LDo Not 'Si n Mayor Attest; (Do Not Sign) City Clerk (Seal) ABBREVIATIONS The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties (Custodian) JT TEN - as joint tenants with right of As Custodian for survivorship and not as (Minor) tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE -6- DORSEY&WI-IITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-GO Wtr and does hereby irrevocably appoint , Attorney, to transfer this Bond on the books kept for,registration thereof with full power of substitution. Dated: Signature guaranteed: NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever,. PRINCIPAL PAYMENT SCHEDULE Due Due June 1 Amount June 1 Amount 2010 $5,000 2020 $7,000 2011 $5,000 2021 $7,000 2012 $5,040 2022 $7,000 2013 $6,000 2022 $8,000 2014 $6,000 2024 $8,000 2015 '$6,000 2025 $8,000 2016 $6,004 2026 $8,000 2017 $6,000 2027 $9,000 2018 $7,000 2028 $9,040 2019 $7,000 2029 $9,000 -7- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1121ss-GO Wtr Section 5, The Loan Proceeds shall be held by the Lender and disbursed for casts of the Project, as referred to in the preamble hereof. Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit; For collection in the fiscal year beginning July 1, 2010, sufficient to produce the net annual sum of$9,368; For collection in the fiscal year beginning July 1, 2011, sufficient to produce the net annual sum of$9,193; For collection in the fiscal year beginning July 1, 2012, sufficient to produce the net annual sum of$10,030; For collection in the fiscal year beginning July 1, 2013, sufficient to produce the net annual sum of$9,835; For collection in the fiscal year beginning July 1, 2014, sufficient to produce the net annual sum of$9,640; For collection in the fiscal year beginning July 1, 2015, sufficient to produce the net,annual sum of$9,445; For collection in the fiscal year beginning July 1, 2016, sufficient to produce the net annual sum of$9,250; For collection in the fiscal year beginning July 1, 2017, sufficient to produce the net annual sum of$10,055; For collection in the fiscal year beginning July 1, 2018, sufficient to produce the net annual sum of$9,828; For collection in the fiscal year beginning July 1, 2019, sufficient to produce the net annual sum of$9,600; For collection in the fiscal year beginning July 1, 2020, sufficient to produce the net annual sum of$9,373; For collection in the fiscal year beginning July 1, 2021, sufficient to produce the net annual sum of$9,145; For collection in the fiscal year beginning July 1, 2022, sufficient to produce the net annual sum of$9,918; -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FaerfW419915-13/2nd 112 Iss-GQ Wtr For collection in the fiscal year beginning July 1, 2023, sufficient to produce the net annual sum of$9,658; For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of$9,398; For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of$9,138; For collection in the fiscal year beginning July 1 2026, sufficient to produce the net annual sum of$9,878; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of$9,585; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of$9,293. Section 7. A certified copy of this resolution shall be filed with the County Auditor of Linn County, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay principal of and/or interest due on the Bonds on the first payment date. Pursuant to the provisions of Section 76,4 of the Code of Iowa, each year while the Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including local option sales tax revenues, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 6 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City's budget, Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. The City hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 9. It is the intention of the City that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate -9- DORSEY &WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 112 Iss-GO Wtr provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws,regulations, published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designates the Bonds as "Qualified Tax Exempt Obligations" as that term is used in Section 265(b)( )(B) of the Internal Revenue Code. Section 10. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved January 14, 2010, / { Mayor .Attest; �' r} c �Pk City Cle k On motion and vote, the meeting adjourned. Mayor Attest; City Cl rk i -10- DORSEY&WIII'TNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaW419915-13/2nd 112 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such City Clerk I have in my possession or have access to the complete corporate records of the City and of its Council and officers and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that the transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the authorization and approval of a certain Loan and Disbursement Agreement (the "Agreement") and the issuance of $139,000 General Obligation Water Improvement Bonds, Series 20101A (the "Bonds") of said City evidencing the City's obligation under the Loan and Disbursement Agreement and that the transcript hereto attached contains a true, correct and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time With respect thereto. I further certify that no petition of protest or objections of any kind have been filed or made, nor has any appeal been taken to the District Court from the decision of the City Council to enter into the Agreement,to issue the Bonds or to levy such taxes. WITNESS MY HAND this 19t" day of January, 2010. City Cle -11- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, County Auditor of the aforementioned County, in the State of Iowa, do hereby certify that on the day of 2010, the City Clerk of the City of Fairfax filed in my office a certified copy ora resolution of such City shown to have been ,adopted by the Council and approved by the Mayor thereof on January 14, 2010, entitled: "Resolution approving and authorizing a Loan and Disbursement Agreement and providing for the issuance of$139,000 General Obligation Water Improvement Bonds and providing for the levy of taxes to pay the same," and that I have duly placed the copy of the resolution on file: in my records. I further certify that the taxes provided for in that resolution will in due time, manner and season be entered on the State and County tax lists of this County for collection in the fiscal year beginning July 1, 2010, and subsequent years as provided in the resolution. WITNESS MY HAND this -'day of Lwv,)& �L , 2010. County Auditor 111W -12- v�04 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA F'ai fax/419915-13/2nd 1/2 Iss-W Wtr 419915-13 (Issuance - G.Q.) Fairfax,Iowa, January 14, 20 10 The City Council of the City of Fairfax, Iowa, met on January 14, 2010, at 7:00 o'clock p.m., at the city hall, Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Members present and absent: Present: JoAnn Beer, Bernie Frieden, and Marc Magers. Absent: Marianne Wainwright. One seat is vacant. The Council took up for consideration a resolution approving and authorizing a Forgivable General Obligation Water Improvement Loan and Disbursement Agreement and providing for the issuance of $35,000 General Obligation Water Improvement Bonds .and providing for the levy of taxes to pay the same After due consideration and discussion, Council Member Beer introduced the following resolution and moved its adoption„ seconded by Council Member Frieden. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Beer, Frieden, and Magers. Nays: None, Absent: Wainwright. One seat is vacant. Whereupon,the Mayor declared the resolution duly adapted as hereinafter set out. -i- DORSEY& WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-GO Wtr RESOLUTION NO, 2010-05 APPROVING AND AUTHORIZING A FORGIVABLE GENERAL OBLIGATION WATER IMPROVEMENT LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $35,000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME WHEREAS, pursuant to the provisions of Section 34.24A of the Code of Iowa, notice duly published and hearing held thercon on November 10, 2009, the City of Fairfax (the "City"'), in the County of Linn, State of Iowa, has heretofore determined to contract indebtedness and enter into a certain General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed $350,000 to provide funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the "Project") NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. It is hereby determined that the City shall enter into a General Obligation Water Improvement Loan and. Disbursement Agreement with the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa, as lender(the "Lender"). The Agreement shall be in substantially the form as has been placed on file with the City and shall provide for a loan (the "Loan") to the City in the amount of $35,000, for the purpose as set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the Agreement on behalf of the City, and the Agreement is hereby approved. Section 2. General Obligation Water Improvement Bonds, Series 2010B (the "Bonds") are hereby authorized to be issued in evidence of the obligation of the City under the Agreement, in the total aggregate principal amount of$35,000,to be dated the date of delivery to or upon the direction of the Lender, and bearing interest from the date of each advancement made at the rate of 3.0% per annum pursuant to the Agreement, until payment thereof, as set forth in Exhibit B attached to the Agreement. The Bonds may be in the denomination of $1,000 each or any integral multiple thereof and, at the request of the Lender, shall be initially issued as a single bond in the denomination of $35,000 and numbered R-1. The City Clerk is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the"Registrar"or the"Paying Agent" Payment of the principal of and interest on the Bonds and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfW419915-13/2nd 1/2Iss-GO Wtr payment of principal shall only be made upon surrender of the Bond or Bonds to the Paying Agent. In addition to the payment of principal of and interest on the Bonds, the City also agrees to pay the Initiation Fee and the Servicing Fee (defined in the Agreement) in accordance with the terms of the Agreement. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Lender, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty (30) days notice of redemption by certified or registered mail to the Lender (or .any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section S of the Agreement. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Bond shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds (the "Loan Proceeds"), and all action heretofore taken in connection with the Agreement is hereby ratified and confirmed in all respects. Section 4. The Bonds shall be in substantially the fallowing form: ..3_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 112Iss-GO Wtr (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF LINN CITY OF FAIRFAX GENERAL OBLIGATION WATER IMPROVEMENT BOND, SERIES 201013 No. R-1 $35;000 RATE MATURITY DATE BOND DATE 3.0% June 1,2029 January 27, 2010 The City of Fairfax (the ",City"), in the County of Linn, State of Iowa, for value received, promises to pay from the source and as hereinafter provided,on the maturity date of this Bond to IOWA FINANCE AUTHORITY or registered assigns, the principal sum of THIRTY-FIVE THOUSAND DOLLARS Interest at the rate specified above shall be payable semiannually on June 1 and December 1 of each year, commencing June 1, 2010, and principal shall be due and payable in installments in the amounts shown on the Principal Payment Schedule hereon on June 1, 201.0, and annually thereafter on June I in each year until the principal and interest are fully paid, except that the final installments of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2029. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The City Clerk shall act as Registrar and Paying Agent and may be hereinafter referred to as the "Registrar" or the "Paying Agent". Payment of the principal of and interest on this Bond and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final payment of principal shall only be made upon surrender of this Bond to the Paying Agent. This Bond is one of a series of bonds (the "Bonds") issued by the City to evidence its obligation under a certain Loan and Disbursement Agreement, dated the date hereof (the "'Agreement") entered into by the City for the purpose of providing funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the Project"). 4- DORSEY&WHITNEY LLP,ATTORNEYS,DES]MOINES,IOWA FairfiLV419915-13/2nd 112 Iss-GO Wtr The Bonds are issued pursuant to and in strict compliance with the provisions of Chapter 384 and Chapter 76 of the Code of Iowa, 2009, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council authorizing and approving the Agreement and providing for the issuance and securing the payment of the Bonds{the "Resolution"), and reference is hereby made to the Resolution and the Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Iowa Finance Authority, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty(30) days notice of redemption by certified or registered mail to the Iowa Finance Authority (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the dully authorized attorney for such registered owner. The City, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the City, including this Bond, does not exceed any constitutional or statutory limitations. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr IN TESTIMONY WHEREOF, the City of Fairfax, Iowa, has caused this Bond to be executed by its Mayor and attested by its City Clerk, all as of the Bond Date. CITY OF FAIRFAX, IOWA By(Do Not Sign) _. Mayor Attest: Do Not Sign) City Clerk (Seal) ABBREVIATIONS The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties (Custodian) IT TEN - as joint tenants with right of As Custodian for survivorship and not as (Minor) tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES�MOINES,IOWA Faerfak1419915-13/2nd 112 Iss-GQ Wtr and does hereby irrevocably appoint , Attorney,to transfer this Bond on the books kept for registration thereof with fullpower of substitution. Dated: Signature guaranteed: NOTICE; The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever. PRINCIPAL PAYMENT SCHEDULE Due Due June 1 Amount June I Amount 2010 $1,000 2020 $2,000 2011 $1,000 2021 $2,000 2012 $1,000 2022 $2,000 2013 $1,000 2023 $2,000 2014 $1,000 2024 $2,000 2015 $2,000 2025 $2,000 2016 $2,000 2026 $2,000 2017 $2,000 2027 $2,000 2018 $2,000 2028 $2,000 2019 $2,000 2029 $2,000 -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr Section 5. The Loan Proceeds shall be held by the Lender and disbursed for costs of the Project, as referred to in the preamble hereof. Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit: For collection in the fiscal year beginning July 1, 2010, sufficient to produce the net annual sum of$2,105; For collection in the fiscal year beginning July 1, 2011, sufficient to produce the net annual sum of$2,073; For collection in the fiscal year beginning July 1, 2012, sufficient to produce the net annual sum of$2,040; For collection in the fiscal year beginning July 1, 2013, sufficient to produce the net annual sum of$2,008; For collection in the fiscal year beginning July 1, 2014, sufficient to produce the net annual sum of$2,975; For collection in the fiscal year beginning July 1, 2015, sufficient to produce the net annual sum of$2,910; For collection in the fiscal year beginning July 1 2016, sufficient to produce the net annual sum of$2,845; For collection in the fiscal year beginning July 1, 2017, sufficient to produce the net annual sum of$2,780; For collection in the fiscal year beginning July 1, 2018, sufficient to produce the net annual suns of$2,715; For collection in the fiscal year beginning July 1, 2019, sufficient to produce the net annual sum of$2,650; For collection in the fiscal year beginning July 1, 2020, sufficient to produce the net annual sum of$2,585; For collection in the fiscal year beginning July 1, 2021, sufficient to produce the net annual sum of$2,520; For collection in the fiscal year beginning July 1, 2022, sufficient to produce the net annual sum of$2,455; -8- DORSEY &WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaV419915-1312nd 112 Iss-GO wtr For collection in the fiscal year beginning July 1, 2023, sufficient to produce the net annual sum of$2,390; For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of$2,325; For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of$2,260; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of$2,195; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of$2,130; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual surd of$2,060. Section 7, A certified copy of this resolution shall be filed with the County Auditor of Linn County, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay principal of and/or interest due on the Bonds on the first payment date. Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including local option sales tax revenues, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 6 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City's budget. Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the surn thus advanced. The City hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 9. It is the intention of the City that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1121ss-GO wtr previsions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations,published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby authorized .and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designates the Bonds as "Qualified Tax Exempt Obligations" as that term is used in Section 265(b) 3)(B) of the Internal Revenue Code. Section 10. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 11. As set forth in the Agreement, the Loan is being made with proceeds made available to the Lender under the American Recovery and Reinvestment Act of 2009 (the ARRA") Upon completion of the Project and receipt by the Lender of a Certificate of Completion from the City, the Loan shall be forgiven, in full, by the Lender. Upon receipt of written notice from the Lender of the forgiveness of the Loan, the terms of this resolution related to the payment of principal and interest on the Bond and the collection of Net Revenues for the funding of such payment, shall become null and void and the City shall be under no further obligation to make additional provision therefor. Passed and approved January 14, 2010. May6r Atter •f v , City Cl k On motion and vote,the meeting adjourned. Mayo Attest,{; City Cler -l 0- DORSEY&WHITNEY LLE,ATTORNEYS,DES MOINES,IOWA Fa¢rfa ct419915-13/2nd 112 Iss-GO Wtr RESOLUTION NO. 2010-04, APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $1399000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME WHEREAS, pursuant to the provisions of Section 384„24A of the Code of Iowa, notice duly published and hearing held thereon on November 10, 2009, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, has heretofore determined to contract indebtedness and enter into a certain General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed $350,000 to provide funds to pay a portion of the cast of constructing improvements and extensions to the Municipal Waterworks System; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. It is hereby determined that the City shall enter into a General Obligation Water Improvement Loan and Disbursement Agreement with the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa, as lender(the"Lender"). The Agreement shall be in substantially the form as has been placed on file with the City and shall provide for a loan to the City in the amount of$139,000, for the purpose as set forth in the preamble hereof, The Mayor and City Clerk are hereby authorized and directed to sign the Agreement on behalf of the City, and the Agreement is hereby approved. Section 2. General Obligation Water Improvement Bonds, Series 2010A (the "'Bonds") are hereby authorized to be issued in evidence of the obligation of the City under the Agreement, in the total aggregate principal amount of$139,000, to be dated the date of delivery to or upon the direction of the Lender, and bearing interest from the date of each advancement made at the rate of 3,0% per annum pursuant to the Agreement, until payment thereof, as set forth in Exhibit B attached to the Agreement. The Bonds may be in the denomination of$1,000 each or any integral multiple thereof and, at the request of the Lender, shall be initially issued as a single bond in the denomination of $139,000 and numbered R-1. The City Clerk is hereby designated as the Registrar and.Paying Agent for the Bonds and may be hereinafter referred to as the"Registrar" or the"Paying Agent". Payment of the principal of and interest on the Bonds and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books, All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date, Final payment of principal shall only be made upon surrender of the Bond or Bonds to the Paying Agent. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-00 Wtr In addition to the payment of principal of and interest on the Bonds, the City also agrees to pay the Initiation Fee and the Servicing Fee (defined in the.agreement) in accordance with the terms of the Agreement. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Lender, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty (30) days notice of redemption by certified or registered mail to the Lender (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration,payment of the pifticipal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Bond shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds (the "Loan Proceeds"), and and all action heretofore taken in connection with the Agreement is hereby ratified and confirmed in all respects. Section 4. The Bonds shall be in substantially the fallowing form: -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419915-13/2nd 1/2 Iss-Go Wtr (Form of Bond) UNITED STATES OF AMERIKA STATE OF IOWA COUNTY OF LINN CITY OF FAIRFAX GENERAL OBLIGATION WATER IMPROVEMENT BOND, SERIES 2010A No. R-1 $139,000 RATE MATURITY DATE BOND DATE 3.0% June 1, 2029 January 27, 2010 The City of Fairfax (the "City"), in the County of Linn, State of Iowa, for value received, promises to pay from the source and as hereinafter provided, on the maturity date of this Bond to IOWA FINANCE AUTHORITY or registered assigns, the principal sum of ONE HUNDRED THIRTY-NINE THOUSAND DOLLARS Interest at the rate specified above shall be payable semiannually on June 1 and December 1 of each year, commencing June 1, 2010, and principal shall be due and payable in installments in the amounts shown on the Principal Payment Schedule hereon on June 1, 2010, and annually thereafter on June 1 in each year until the principal and interest are fully paid, except that the final installments of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2029. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The City Clerk shall act as Registrar and Paying Agent and may be hereinafter referred to as the "Registrar"or the "Paying Agent' Payment of the principal of and interest on this Bond and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final payment of principal shall only be trade upon surrender of this Bond to the Paying Agent. This Bond is one of a series of bonds (the "Bonds") issued by the City to evidence its obligation under a certain Loan and Disbursement Agreement, dated the date hereof (the "`Agreement") entered into by the City for the purpose of providing funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the "Project"). -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fa1rfW419915-13/2nd 112 Iss-GO Wtr The Bonds are issued pursuant to and in strict compliance with the provisions', of Chapter 3 84 and Chapter 76 of the Code of Iowa, 2009, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council authorizing and approving the Agreement and providing for the issuance and securing the payment of the Bonds (the "Resolution"), and reference is hereby made to the Resolution and the Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The Bonds shall be subject to optional redemption by the City at a price of par lulus accrued interest (i) on any date with the prior written consent of the Iowa Finance Authority; or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty(30) days notice of redemption by certified or registered mail to the Iowa Finance Authority (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The City, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the City, including this Bond, does not exceed any constitutional or statutory limitations. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DESMOINES,IOWA Fairfax/419915-13/2nd 1/2Iss-GO Wtr IN TESTIMONY WHEREOF, the City of Fairfax, Iowa, has caused this Bond to be executed by its Mayor and attested by its City Clerk, all as of the Band Date. CITY OF FAIRFAX, IOWA By LDo Not 'Si n Mayor Attest; (Do Not Sign) City Clerk (Seal) ABBREVIATIONS The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties (Custodian) JT TEN - as joint tenants with right of As Custodian for survivorship and not as (Minor) tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE -6- DORSEY&WI-IITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-GO Wtr and does hereby irrevocably appoint , Attorney, to transfer this Bond on the books kept for,registration thereof with full power of substitution. Dated: Signature guaranteed: NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever,. PRINCIPAL PAYMENT SCHEDULE Due Due June 1 Amount June 1 Amount 2010 $5,000 2020 $7,000 2011 $5,000 2021 $7,000 2012 $5,040 2022 $7,000 2013 $6,000 2022 $8,000 2014 $6,000 2024 $8,000 2015 '$6,000 2025 $8,000 2016 $6,004 2026 $8,000 2017 $6,000 2027 $9,000 2018 $7,000 2028 $9,040 2019 $7,000 2029 $9,000 -7- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1121ss-GO Wtr Section 5, The Loan Proceeds shall be held by the Lender and disbursed for casts of the Project, as referred to in the preamble hereof. Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit; For collection in the fiscal year beginning July 1, 2010, sufficient to produce the net annual sum of$9,368; For collection in the fiscal year beginning July 1, 2011, sufficient to produce the net annual sum of$9,193; For collection in the fiscal year beginning July 1, 2012, sufficient to produce the net annual sum of$10,030; For collection in the fiscal year beginning July 1, 2013, sufficient to produce the net annual sum of$9,835; For collection in the fiscal year beginning July 1, 2014, sufficient to produce the net annual sum of$9,640; For collection in the fiscal year beginning July 1, 2015, sufficient to produce the net,annual sum of$9,445; For collection in the fiscal year beginning July 1, 2016, sufficient to produce the net annual sum of$9,250; For collection in the fiscal year beginning July 1, 2017, sufficient to produce the net annual sum of$10,055; For collection in the fiscal year beginning July 1, 2018, sufficient to produce the net annual sum of$9,828; For collection in the fiscal year beginning July 1, 2019, sufficient to produce the net annual sum of$9,600; For collection in the fiscal year beginning July 1, 2020, sufficient to produce the net annual sum of$9,373; For collection in the fiscal year beginning July 1, 2021, sufficient to produce the net annual sum of$9,145; For collection in the fiscal year beginning July 1, 2022, sufficient to produce the net annual sum of$9,918; -8- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FaerfW419915-13/2nd 112 Iss-GQ Wtr For collection in the fiscal year beginning July 1, 2023, sufficient to produce the net annual sum of$9,658; For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of$9,398; For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of$9,138; For collection in the fiscal year beginning July 1 2026, sufficient to produce the net annual sum of$9,878; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of$9,585; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual sum of$9,293. Section 7. A certified copy of this resolution shall be filed with the County Auditor of Linn County, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay principal of and/or interest due on the Bonds on the first payment date. Pursuant to the provisions of Section 76,4 of the Code of Iowa, each year while the Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including local option sales tax revenues, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 6 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City's budget, Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. The City hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 9. It is the intention of the City that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate -9- DORSEY &WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 112 Iss-GO Wtr provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws,regulations, published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designates the Bonds as "Qualified Tax Exempt Obligations" as that term is used in Section 265(b)( )(B) of the Internal Revenue Code. Section 10. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved January 14, 2010, / { Mayor .Attest; �' r} c �Pk City Cle k On motion and vote, the meeting adjourned. Mayor Attest; City Cl rk i -10- DORSEY&WIII'TNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaW419915-13/2nd 112 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such City Clerk I have in my possession or have access to the complete corporate records of the City and of its Council and officers and that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that the transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the authorization and approval of a certain Loan and Disbursement Agreement (the "Agreement") and the issuance of $139,000 General Obligation Water Improvement Bonds, Series 20101A (the "Bonds") of said City evidencing the City's obligation under the Loan and Disbursement Agreement and that the transcript hereto attached contains a true, correct and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time With respect thereto. I further certify that no petition of protest or objections of any kind have been filed or made, nor has any appeal been taken to the District Court from the decision of the City Council to enter into the Agreement,to issue the Bonds or to levy such taxes. WITNESS MY HAND this 19t" day of January, 2010. City Cle -11- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, County Auditor of the aforementioned County, in the State of Iowa, do hereby certify that on the day of 2010, the City Clerk of the City of Fairfax filed in my office a certified copy ora resolution of such City shown to have been ,adopted by the Council and approved by the Mayor thereof on January 14, 2010, entitled: "Resolution approving and authorizing a Loan and Disbursement Agreement and providing for the issuance of$139,000 General Obligation Water Improvement Bonds and providing for the levy of taxes to pay the same," and that I have duly placed the copy of the resolution on file: in my records. I further certify that the taxes provided for in that resolution will in due time, manner and season be entered on the State and County tax lists of this County for collection in the fiscal year beginning July 1, 2010, and subsequent years as provided in the resolution. WITNESS MY HAND this -'day of Lwv,)& �L , 2010. County Auditor 111W -12- v�04 DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA F'ai fax/419915-13/2nd 1/2 Iss-W Wtr 419915-13 (Issuance - G.Q.) Fairfax,Iowa, January 14, 20 10 The City Council of the City of Fairfax, Iowa, met on January 14, 2010, at 7:00 o'clock p.m., at the city hall, Fairfax, Iowa. The meeting was called to order by the Mayor, and the roll was called showing the following Council Members present and absent: Present: JoAnn Beer, Bernie Frieden, and Marc Magers. Absent: Marianne Wainwright. One seat is vacant. The Council took up for consideration a resolution approving and authorizing a Forgivable General Obligation Water Improvement Loan and Disbursement Agreement and providing for the issuance of $35,000 General Obligation Water Improvement Bonds .and providing for the levy of taxes to pay the same After due consideration and discussion, Council Member Beer introduced the following resolution and moved its adoption„ seconded by Council Member Frieden. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Beer, Frieden, and Magers. Nays: None, Absent: Wainwright. One seat is vacant. Whereupon,the Mayor declared the resolution duly adapted as hereinafter set out. -i- DORSEY& WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/21ss-GO Wtr RESOLUTION NO, 2010-05 APPROVING AND AUTHORIZING A FORGIVABLE GENERAL OBLIGATION WATER IMPROVEMENT LOAN AND DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE OF $35,000 GENERAL OBLIGATION WATER IMPROVEMENT BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME WHEREAS, pursuant to the provisions of Section 34.24A of the Code of Iowa, notice duly published and hearing held thercon on November 10, 2009, the City of Fairfax (the "City"'), in the County of Linn, State of Iowa, has heretofore determined to contract indebtedness and enter into a certain General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed $350,000 to provide funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the "Project") NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. It is hereby determined that the City shall enter into a General Obligation Water Improvement Loan and. Disbursement Agreement with the Iowa Finance Authority, an agency and public instrumentality of the State of Iowa, as lender(the "Lender"). The Agreement shall be in substantially the form as has been placed on file with the City and shall provide for a loan (the "Loan") to the City in the amount of $35,000, for the purpose as set forth in the preamble hereof. The Mayor and City Clerk are hereby authorized and directed to sign the Agreement on behalf of the City, and the Agreement is hereby approved. Section 2. General Obligation Water Improvement Bonds, Series 2010B (the "Bonds") are hereby authorized to be issued in evidence of the obligation of the City under the Agreement, in the total aggregate principal amount of$35,000,to be dated the date of delivery to or upon the direction of the Lender, and bearing interest from the date of each advancement made at the rate of 3.0% per annum pursuant to the Agreement, until payment thereof, as set forth in Exhibit B attached to the Agreement. The Bonds may be in the denomination of $1,000 each or any integral multiple thereof and, at the request of the Lender, shall be initially issued as a single bond in the denomination of $35,000 and numbered R-1. The City Clerk is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the"Registrar"or the"Paying Agent" Payment of the principal of and interest on the Bonds and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfW419915-13/2nd 1/2Iss-GO Wtr payment of principal shall only be made upon surrender of the Bond or Bonds to the Paying Agent. In addition to the payment of principal of and interest on the Bonds, the City also agrees to pay the Initiation Fee and the Servicing Fee (defined in the Agreement) in accordance with the terms of the Agreement. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Lender, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty (30) days notice of redemption by certified or registered mail to the Lender (or .any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section S of the Agreement. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of the City Clerk, and shall be fully registered bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the City kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Bond shall be transferable without cost to the registered owner thereof only upon the registration books of the City upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner. The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa. Section 3. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible, and thereupon they shall be delivered to the Registrar for registration and delivery to the Lender, upon receipt of the loan proceeds (the "Loan Proceeds"), and all action heretofore taken in connection with the Agreement is hereby ratified and confirmed in all respects. Section 4. The Bonds shall be in substantially the fallowing form: ..3_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 112Iss-GO Wtr (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF LINN CITY OF FAIRFAX GENERAL OBLIGATION WATER IMPROVEMENT BOND, SERIES 201013 No. R-1 $35;000 RATE MATURITY DATE BOND DATE 3.0% June 1,2029 January 27, 2010 The City of Fairfax (the ",City"), in the County of Linn, State of Iowa, for value received, promises to pay from the source and as hereinafter provided,on the maturity date of this Bond to IOWA FINANCE AUTHORITY or registered assigns, the principal sum of THIRTY-FIVE THOUSAND DOLLARS Interest at the rate specified above shall be payable semiannually on June 1 and December 1 of each year, commencing June 1, 2010, and principal shall be due and payable in installments in the amounts shown on the Principal Payment Schedule hereon on June 1, 201.0, and annually thereafter on June I in each year until the principal and interest are fully paid, except that the final installments of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1, 2029. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The City Clerk shall act as Registrar and Paying Agent and may be hereinafter referred to as the "Registrar" or the "Paying Agent". Payment of the principal of and interest on this Bond and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated Clearinghouse System transfer, to the registered owners thereof appearing on the registration books of the City at the addresses shown on such registration books. All such payments, except full redemption, shall be made to the registered owners appearing on the registration books at the close of business on the fifteenth day of the month next preceding the payment date. Final payment of principal shall only be made upon surrender of this Bond to the Paying Agent. This Bond is one of a series of bonds (the "Bonds") issued by the City to evidence its obligation under a certain Loan and Disbursement Agreement, dated the date hereof (the "'Agreement") entered into by the City for the purpose of providing funds to pay a portion of the cost of constructing improvements and extensions to the Municipal Waterworks System (the Project"). 4- DORSEY&WHITNEY LLP,ATTORNEYS,DES]MOINES,IOWA FairfiLV419915-13/2nd 112 Iss-GO Wtr The Bonds are issued pursuant to and in strict compliance with the provisions of Chapter 384 and Chapter 76 of the Code of Iowa, 2009, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the City Council authorizing and approving the Agreement and providing for the issuance and securing the payment of the Bonds{the "Resolution"), and reference is hereby made to the Resolution and the Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds. The Bonds shall be subject to optional redemption by the City at a price of par plus accrued interest (i) on any date with the prior written consent of the Iowa Finance Authority, or (ii) in the event that all or substantially all of the Project is damaged or destroyed. Any optional redemption of the Bonds by the City may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity upon not less than thirty(30) days notice of redemption by certified or registered mail to the Iowa Finance Authority (or any other registered owner of the Bonds). The Bonds are also subject to mandatory redemption as set forth in Section 5 of the Agreement. This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the City in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the dully authorized attorney for such registered owner. The City, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the Registrar and the Paying Agent shall not be affected by any notice to the contrary. And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the City for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the City are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the City, including this Bond, does not exceed any constitutional or statutory limitations. -5- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOMS,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr IN TESTIMONY WHEREOF, the City of Fairfax, Iowa, has caused this Bond to be executed by its Mayor and attested by its City Clerk, all as of the Bond Date. CITY OF FAIRFAX, IOWA By(Do Not Sign) _. Mayor Attest: Do Not Sign) City Clerk (Seal) ABBREVIATIONS The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UTMA TEN ENT - as tenants by the entireties (Custodian) IT TEN - as joint tenants with right of As Custodian for survivorship and not as (Minor) tenants in common under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the list above. ASSIGNMENT For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to (Please print or type name and address of Assignee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES�MOINES,IOWA Faerfak1419915-13/2nd 112 Iss-GQ Wtr and does hereby irrevocably appoint , Attorney,to transfer this Bond on the books kept for registration thereof with fullpower of substitution. Dated: Signature guaranteed: NOTICE; The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever. PRINCIPAL PAYMENT SCHEDULE Due Due June 1 Amount June I Amount 2010 $1,000 2020 $2,000 2011 $1,000 2021 $2,000 2012 $1,000 2022 $2,000 2013 $1,000 2023 $2,000 2014 $1,000 2024 $2,000 2015 $2,000 2025 $2,000 2016 $2,000 2026 $2,000 2017 $2,000 2027 $2,000 2018 $2,000 2028 $2,000 2019 $2,000 2029 $2,000 -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1/2 Iss-GO Wtr Section 5. The Loan Proceeds shall be held by the Lender and disbursed for costs of the Project, as referred to in the preamble hereof. Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same become due, there is hereby ordered levied on all the taxable property in the City in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the City the following direct annual tax for collection in each of the following fiscal years,to-wit: For collection in the fiscal year beginning July 1, 2010, sufficient to produce the net annual sum of$2,105; For collection in the fiscal year beginning July 1, 2011, sufficient to produce the net annual sum of$2,073; For collection in the fiscal year beginning July 1, 2012, sufficient to produce the net annual sum of$2,040; For collection in the fiscal year beginning July 1, 2013, sufficient to produce the net annual sum of$2,008; For collection in the fiscal year beginning July 1, 2014, sufficient to produce the net annual sum of$2,975; For collection in the fiscal year beginning July 1, 2015, sufficient to produce the net annual sum of$2,910; For collection in the fiscal year beginning July 1 2016, sufficient to produce the net annual sum of$2,845; For collection in the fiscal year beginning July 1, 2017, sufficient to produce the net annual sum of$2,780; For collection in the fiscal year beginning July 1, 2018, sufficient to produce the net annual suns of$2,715; For collection in the fiscal year beginning July 1, 2019, sufficient to produce the net annual sum of$2,650; For collection in the fiscal year beginning July 1, 2020, sufficient to produce the net annual sum of$2,585; For collection in the fiscal year beginning July 1, 2021, sufficient to produce the net annual sum of$2,520; For collection in the fiscal year beginning July 1, 2022, sufficient to produce the net annual sum of$2,455; -8- DORSEY &WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfaV419915-1312nd 112 Iss-GO wtr For collection in the fiscal year beginning July 1, 2023, sufficient to produce the net annual sum of$2,390; For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of$2,325; For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of$2,260; For collection in the fiscal year beginning July 1, 2026, sufficient to produce the net annual sum of$2,195; For collection in the fiscal year beginning July 1, 2027, sufficient to produce the net annual sum of$2,130; For collection in the fiscal year beginning July 1, 2028, sufficient to produce the net annual surd of$2,060. Section 7, A certified copy of this resolution shall be filed with the County Auditor of Linn County, and said Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the City and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the City as accrued interest on the Bonds shall be deposited into such special account and used to pay principal of and/or interest due on the Bonds on the first payment date. Pursuant to the provisions of Section 76.4 of the Code of Iowa, each year while the Bonds remain outstanding and unpaid, any funds of the City which may lawfully be applied for such purpose, including local option sales tax revenues, may be appropriated, budgeted and, if received, used for the payment of the principal of and interest on the Bonds as the same become due, and if so appropriated, the taxes for any given fiscal year as provided for in Section 6 of this Resolution, shall be reduced by the amount of such alternate funds as have been appropriated for said purpose and evidenced in the City's budget. Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the surn thus advanced. The City hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the City for the full and prompt payment of the principal of and interest on the Bonds. Section 9. It is the intention of the City that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 1121ss-GO wtr previsions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the "Internal Revenue Code"). In furtherance thereof, the City covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations,published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the City are hereby authorized .and directed to take any and all actions as may be necessary to comply with the covenants herein contained. The City hereby designates the Bonds as "Qualified Tax Exempt Obligations" as that term is used in Section 265(b) 3)(B) of the Internal Revenue Code. Section 10. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 11. As set forth in the Agreement, the Loan is being made with proceeds made available to the Lender under the American Recovery and Reinvestment Act of 2009 (the ARRA") Upon completion of the Project and receipt by the Lender of a Certificate of Completion from the City, the Loan shall be forgiven, in full, by the Lender. Upon receipt of written notice from the Lender of the forgiveness of the Loan, the terms of this resolution related to the payment of principal and interest on the Bond and the collection of Net Revenues for the funding of such payment, shall become null and void and the City shall be under no further obligation to make additional provision therefor. Passed and approved January 14, 2010. May6r Atter •f v , City Cl k On motion and vote,the meeting adjourned. Mayo Attest,{; City Cler -l 0- DORSEY&WHITNEY LLE,ATTORNEYS,DES MOINES,IOWA Fairfnx1419915-1312nd 112 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such City Clerk I have in my possession or have access to the complete corporate records of the City and of its Council and officers .and that I have carefully compared the transcript hereto attached With the aforesaid corporate records and that the transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the authorization and approval of a certain Loan and Disbursement Agreement (the "Agreement"') and the issuance of $35,000 General Obligation Water Improvement Bonds, Series 2010A (the `Bonds") of said City evidencing the City's obligation under the Loan and Disbursement Agreement and that the transcript hereto attached contains a true, correct and complete statement of all the measures adopted and proceedings, acts and things had, done and performed up to the present time With respect thereto, I further certify that no petition of protest or objections of any kind have been filed or made, nor has any appeal been taken to the District Court from the decision of the City Council to enter into the Agreement, to issue the Bonds or to levy such taxes, WITNESS MY HAND this 19th day of January, 2010, City C erk -11- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd 112 Iss-GO Wtr STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX i 1, the undersigned, County Auditor of the aforementioned County, in the State of Iowa, do herebycertify that on the f da of '` 2014 the Cit Clerk of the Y Y ��d �r rr y City of Fairfax filed in my office a certified copy o a resolution of such City shown to have been adopted by the Council and approved by the Mayor thereof on January 14, 2010, entitled: "'Resolution approving and authorizing a Forgivable General Obligation Water Improvement Loan and Disbursement Agreement and providing for the issuance of $35,000 General Obligation Water Improvement Bonds and providing for the levy of taxes to pay the same," .and that I have duly placed the copy of the resolution on file in my records, I further certify that the taxes provided for in that resolution will in due time, manner and season be entered on the State and County tax lists of this County for collection in the fiscal year beginning July 1, 2010, and subsequent years as provided in the resolution, WITNESS MY HAND this day of n)?ky- ,� , 2010. County Auditor I i C=) `C C- t y -12- DORSEY &WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA RESOLUTION 2010-06 A RESOLTUION APPROVING THE CEDAR RAPIDS GAZETTE AS THE OFFICIAL PUBLICATION FOR THE CITY OF FAIRFAX WHEREAS, the City of Fairfax is required to name an official publication for the purpose of publication of official notices and other required publications; and WHEREAS, such publication should be available to the general public, have regular circulation in the City of Fairfax, and be published at least weekly; and WHEREAS, The Cedar Rapids Gazette is available to the general public, does have regular circulation in the City of Fairfax, and is published daily. NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of Fairfax Fairfax, Iowa, that The Cedar Rapids Gazette is hereby approved as the official publication for the City of Fairfax. The city clerk is hereby directed to submit official notices and other required publications to The Cedar Rapids Gazette as required by law. Passed and approved this 14th day of January, 2010. AYES: Beer, Frieden, and Magers NAYS: None ABSENT: Wainwright. One seat is vacant. Jaso abe, Mayor ATTEST: Cynt aStimson, City Clerk AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING THURSDAY,JANUARY 14, 2010 AT 7:00 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative agenda with possible action on the following items: L Call to order 2.. Roll call 3.. Approval of agenda and clerk's financial reports 4.. Approval of and place on file a. City Council minutes dated December 15, 2009 b. Planning and Zoning minutes dated December 15, 20,09 5. Reports a. Sheriff b. Library c. Fire Department d. Maintenance Department e. Parks Department £ Visioning Committee 6. Water Main Replacement Program,Phase I Improvements a. Consider RESOLUTION to approve Change Order#5 from Rathje Construction b. Consider RESOLUTION to approve Change Order#6 from Rathje Construction C. Consider RESOLUTION to issue payment 43 to Rathje Construction T Water Meter Replacement and Upgrade to an Automated Meter Reading System Project a. Consider RESOLUTION to approve and authorize a Loan and Disbursement.agreement and to provide for the issuance of$139,000 General Obligation Water Improvement Bonds.and provide for the levy of taxes to pay the same b. Consider RESOLUTION to approve and authorize a Forgivable General Obligation Water Improvement Loan and Disbursement Agreement and provide for the issuance of$35,000 General Obligation Water Improvement Bonds and providing for the levy of taxes to pay the same g. Consider RESOLUTION approving the official publication 9.. Consider ORDINANCE 104 to amend Chapter 160 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 104 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO, 104 C. Consider motion for final passage and adoption with respect to ORDINANCE NO. 104, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF 'THE CITY OF FAIRFA , IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS Fairfax City Council Agenda-January 14, 201.0 Page 1 I 0. Consider ORDINANCE 1015 to amend Chapter 99 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 105 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 105 C. Consider motion for final passage and adoption with respect to ORDINANCE NO. 105, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFA , IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO 'SEWER SERVICE CHARGES 1.1. Dave Zinser--S 10 Church Street project 12. Discussion and possible action to hire a farm manager 1.3. Discussion on the water main connection fee to the City's water supply system 14. Discussion on the sewer main connection fee to the City's water supply system 15, Consider motion to accept health and other types of insurance quotes 16. Consider motion to set the 2.010/2011 budget special meeting 17. Discussion and possible action concerning the council vacancy process 18. Mayoral appointment of Mayor Pro Tempore 19. Consider motion to appoint city clerk 20. City clerk's oath of office 21. Consider motion to appoint city attorney 22. Consider motion to appoint city engineer 2 . Consider motion to approve the claims list dated January 14,2010 24. Discussion a. Opportunity for citizens not on agenda 25. Clerk's comments 26. Mayor's comments 27. Adjournment Fairfax City Council Agenda-January,14,2010 Page 2 STATE OF IOWA Counties of Linn and Jolinson ss. NOTIiCEOF INTENT TO PILL CiTY'.CO11NCIL.VACANCY-BY APPOINTMENT The City of.Falrtax Linn �CountY, lows will have a vacancy on the.tliy I, Dave Storey, d0 Stat;e that I a111 the publisher of council as.,Af 3anuary'1, '2010, due..to .the resignation of Jason Rabe. eJasonwill THE GAZETTE a daily newspaper of geileral #ias bean rrl'ecfed as mayor and ha wllf; > boon serving In thaf eapacfiy nn Janu- aryl 2010, circulation in Li11i1 and Tolleson Counties, in Iowa. Pursuant to 5ectlon 372.13,i21,(a)of #tie Code of Iowa,nonce Is hereby.gi- The notice, a printed copy of which is attached, was vee that .lhe City.Council of.Fairfax, Lien county; lawa, intends..to fill this inserted and published in THE GAZETTE newspaper yecancY by;appgtntm�hl during_thele next ragular..OtY council meeting that aunt be held at Falrfixscity hall at 7.00 in the issue(s) of Decei7lbf r 28th, 2009 `FM on Tuesday, January 1Y, 2010:.. Hov,Wever the electors:01 the Clly of Fairfax haye the right to file a Petlflon requiring fbi f the vacancy be filled by a The reasonable fee for publishing said notice is speeial elecl,ion It electors wish to re- q itre a special electlon'a valid petition $10.02 e.eques11n9 a special election most:be Bled with the city cleek'wifhin fourteen Mays atter puhlleallon of this notice or , v ithln fourieep days atter the appoint ment is made. if no:such petition is fled, the appo)nlmenl.shall be for the Period until the next pending election as i deffned 1n-Section 69a2 of thetade of iowa. Ellgibie electors of1he City of.iFair- fax,Llnn County, lows,wanting to be considered'.for appointment should submit a:request In writing to the city aerk's office by oa mon .ity.cl y 7,2010 Cynthia Stimson City Clerk City of Fairfax Ptiblisbed in.he+;aiette an t�ecem n 2009 This instrument was acknowledged by Dave Storey before me on December 28th, 2009 Notary Public in and for the State of Iowa i STATE OF 10WA Counties of Lin11 and Joh..PsoP ss. T. � Al FA T[cE FltitatS AtE ffJTL E' t3�&TCfT°! ,rAPP'411P�8T}Vft4T&SF: IGUT<iti t:.'1'dRfatCiLlt'iEETllitv'.. , AP3[?FTCT"lCE T� l�!E8'ltTt3R5 ANlTA Y luf 2plp PROBATE NO.ES.R. 1441 The regi€ar rr ti g of the Fairfax City [B1 TRE t®WA MOM COC1ltT Couneit goes held Thursday, January FC)Tt L[NN C[B t(r! 14 2U10„af Fafrtax city Hail: Mayor THE MATTER OF.tkE ESTATE Rahe coifed fife Rne=frn9 to order of 7 G}0 F Lucelle E'.Beatty.Deceased. TM.Caunco-4mernberspreserii JoAnn,;d ALL PERSONS Tht6rested_n 14 Beer Sernie Frieden ead MarcE54ate of Lifcelie R.Beatty,deceased Mager4` Marianne vcalnwrgsht w�who died oft:.& about Crecember 27 absent. One seat i��a�ant_ dither� 2ap4 1, Dave Storey, do state that 1 am the publisher of staff precept' Cvtzth€a Stfratsort YO AIDE R{ 49BY N.tTIF[ET?Thai flus t L term Maffer,and Cathy aayne' a fMe lath day of JarfuarV, the TBE GAZETTE a daily newspaper of general Matraae by Frieden secotrded Last W It ariet Testameatt a(Luceit R Beer 16 dopraVo the agenda Av B attY dezeased,oeartlt etafe of Au- Beer Friedeco,and.Movers, Abse :gust 1t ZpoaF Was aetratitted td pr®bate circulation In 1_,1I117 a.17Ci:G .. 011115017 COU1itYeS, 1n Iowa. Na€nsrigft. CurreseaE is vacant in the above-named court and_fMat t€an tattled- E.laise fl. Dennis was appaGnfed Ex The i ce, a printed copy Of Which 1S attached, Was lv4atianer& by Baer, secoided ecutor of the estate. Atry action fo set Masers tararnusraveandPlaceanflle< aside the Wilt mutt be;biraughll in the inserted and published 1n �1�'H GAZETTE newspaper City Cousncwi mfmutes from [ecerfi pistrrat Court of said Ct urAty wwfthi.n the p Gomm Ssro mtnutesn rorgtraDmemdd t Fater.to occ4rof four ma�inins fro rr the in the issue(S) Of January 21, 2010. C MI-$; Anes= Deer Frteden, a dale of the second publitalkin Of this Magers.. Anent; Utta€nwrrgnt. C notrCrfi or Otte month frarrn the date of seat is vacari t tafkn carried: ma€Iing of 1tls notice f&all,befits rif the. decedent and devisees;under the Wlfl Linn Coranty IIetufS 5he.If€ Ch whose identities are reasonably as&er- The reasonable fee forpublishing said nOt1Ce 15 Lernosase e pre`repa€t of Fours a tamable ar thereaffer be foreyer bar- catis. Lit7rraf r Errectifr Catty Bey NOTICE I5.' 191.96 asked wthsrf ,tete titrrary staff dad K Fl1tRTHER Crtk#E9i ttfaF elf.; trons are to Par"'the.d. a moor ems pprsans indebted to tM�estate are re ger(cy. Mayor t?abe Will:street W .quesfeilto make trnrrie lite.6'aYrtront Cathy to discuss saiutfons, Fire Ch to.:the unders€sned and"creditorg”hay Mike Sankof asttdd ahiml the paps. frig ctatms..asdinst the::estate shalt f€le.`. net wortalttg. 13eputy Lemense repli :tlyem with :the Clerk i orf the.above- thss was due to €he€r move and....:reamed pistr€cf Court,4a5 PrravPded t:v would pass an the far®ssage. (zyv,duly autkhenticatedr far aktowance, Cath v gavrie stated that the lWarY F :and Qnlesssb filed by fne Iattee tiv bPcur been stowerr but:ihat the 5choai a of four months from the date of-second acllvifies WIP toK#601 p the.V e, ptlft(aatlan.ttf tn(s natica,or One'm6nth :{ (hike SaakaF anharined the Council tP from the date of mallirO of this lofice fne f€re deparflmgirt rs oohing meat $uRtess otheirMse allo d ar pafdt a pass€beit,y at tsufcnas[ng aew fi cla€mrsthereafterfereverbarred: truck. A roa9gtr:cast est€rt5ata far gated this 18th day of Jafrwary,2610. C ecus tanker is if wil180 thousand dr Efarse B.�enni5*Executer C tars The truck€t writ be repkaL ng€s PO Bdx 254 years otd sand Will be said The IQ, Center Foint,6A 52213 P.aysa vtitbe goad from{tie Etre d Maureen 'Kerr partmettts regufar budget,iu€th a fi° BRADLEYB<R(U. RSC Year#rvback. if.bfher funds beton 2007 First Avenue SE,.PCt Bast 2804 ..... avaGfab[e,frt may ere passible;ta pay t Cedar Rapids,IA 52d0d the lean earhi* C.nief Sankat:;was glue'(619}853-0161 [ne cawi cel"s enrtorsemenY.to procal:f)afo of sacred pubiical mcin,2B' aY of with refs process.and get more spec 'J.artuary,26:16 fids. Ikon Dusit discussed maintenance di partaTrartt ussNles'A pump Is..out at ft Uftstatioa The Parts are cdm(ngfrac �IQTFC£GtFv7tzOB TEQt=llill.�L I1]1s instrument Was acknowledged b Dave Store Cr M:7. The matnfenance depar APPOINTMENTO�E'ECUTOR g y y ` App� ' before me on January 211 r 2010. IN TQ"fE..I.OWA DTSYNUCT CdIT;E3tT ..O LINN.CCakiiitkTY fN THE ESTATE OF KAY 'ANN r LOWE,Deceased To ATI Pers6ns lnter"esf�t @n the estate of tray Ann Lawe,Dec eased who d€eit . an ar ahout;Txecomber2o2069: r°'� You are hereby nafiffed that an the sin day of Janu:arY zfafb, the fast watt and Notary Public In and for the State of Iowa tteiamg data a A 18 aWOt deceasedk ` Y 19TH day,of:June. 4004 vias'admftfed to Prabato in the.?. abave.Raitletl court anti Inaf Dennis L. Lowe was':appointed execuiorE:i6 the J o tate Any actmn to set aside the will::: : c t roust be brgaghf in fne'.district covrf of sa€d caunfw within the IaFer to Ur"of 1 ur months fronn the tlafe of the sec MO:pubtacation of this inotfce dr one - 11�t� month from'fne date 6f mailing of th€s _ a not€ce Fa all'Mears of the decede[if and ; v` m devisees udder the will Wnosa dent€tles aee reasonahTY ascerlalnalate,or Fiera : ^ t fYft a X atferneforeverbarred; ;Notice is fuether given.in alt persons Y a adabled Io the estate arta reesuested to " rtzake immediate paYrd�nt to etre un dersigned,dmf credi4ats having ctalms against tne_esfaFe snarl Lee tier wrth t 's the clerk df khe,atsaue nartned;disfrtcf :.co0rl,As.piravided by law,duly atif hen. ticeitod, for:&[Iowance; and unless so tfied by Ike [afar fti-octaur ail four manths irate the secohd pubfication of this notice or ane moMh from the date of ma€hng of this notice tiauntess other aV€se aftoweti or paudi a ctarsTt as there after fareve'r era rred ::CFATECi�thislith.daYs?f.taP,uarv::2nFn.......' AGENDA 1 FAIRFAX CITY COUNCIL $ REGULAR MEETING / j" THURSDAY,JANUARY 14, 2010 AT 7:40 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative agenda with possible action on the following items: 1. Call to order L 6 f bm (,�JIB a 2. Roll call � .ir d � rvd � p 3. Approv o a enda and clerk"s financial reports 4. Approval of and place on file: a. City Council minutes dated December 15, 2009 b. Planning and Zoning minutes dated December 15, 2009 f . 5,. Reports a. Sheriff . ' i1 r a rz, .b �Library r c. Fire Department f ` r �, Maintenance Department . a WA. na�d' � to � � � � �<�4u, vj e. Parks Department �Anx- f. Visioning Committee Fairfax City Council Agenda-January'14, 2010 Page 1 6. Water Main Replacement Program, Phase I Improvements a. Consider RESOLUTIO�N to approve Change Order#5 from Rathje Construction r) kA b. Consider RESOLUTION to approve Change Order#b from Rathje Construction C. Conside SOLU'I`ION to issue payment#3 to Rathje Construction z:a 7'. Water Meter Replacement and Opgrade to an Automated Meter Reading System Project a. Consider RESOLUTION to approve and authorise a Loan and Disbursement Agreement and to provide for the issuance of$139,000 General Obligation Water Improvement Bonds and provide for the levy of taxes to pay the same J b. Consider RESOLUTION to approve and authorize a Forgivable General Obligation Water Improvement Loan and Disbursement Agreement and provide for the issuance of$35,000 General Obligation Water I rovement Bonds and providing for the levy of taxes to pay the same c CV 8'. Consider RESOLUTION apVr ming the d cial publication t 9�. Consider ORDINANCE to amend apter 160 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 104 A ak,, b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 104 Fairfax City Council Agenda--January 14, 2010 Page 2 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 104, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 20079 BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS 10. Consider ORDINANCE 1051 to amend Chapter 99 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 105 b. Consider iLtion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 105 C. Consider motion for final passage and adoption with respect to ORDINANCE NO. 105, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 20079 BY AMENDING PROVISIONS PERTAINING TO SEWER SERVICE CHARGES 14� Dave Zinser-510 Church Street project V06X 7� 12. Discussion and possible action to hire a farm manager e- I3. Discussion on the water main connection fee to the City's water supply system 14. Discussion on the sewer main connection fee to the City's water supply system 15. Consider motion to accept health and other types of insurance quotes V U 5 Jb ("t oc /; ir itl Fairfax City Council Agenda-January 14, 2010 Page 3 1 . Consider motion to set the 2010/2011 budget special meeting 17. Discussion and possible action concerning the council vacancy process 18, Mayoral appointment of Mayor Pro Tempore jiConsider motion to appoint city clerk41 20. City clerk's oath of office c 2.1. Consider motion to appoint city attorney 2,2. Consider motion to appoint city engineer fl r� } 23. Consider motion to approve the claims list dated January 14, :2010 Me9 24, Discussion a. Opportunity for citizens not on agenda b eek 25, Clerk's comments } 2� . Mayor's comments i., 'v�`d�tt 7.Adjournment 110n {l Fairfax City Council Agenda-January 714, 2010 Page 4 �sy.. S j f E i STATE OF IOWA Counties of Linn and Jobn,son ss. F.3�Fr,ci�extan 2 .0Q - CITM. '. A1AX THE CCT` OFi4€FA 2097, Crawinrd�4rarrY Raadstane 5303rran Sial€rrn 196.90 Tr R.C.ET` DY ArvtEhT[)rNG P#3 rVP5t44TTs PER DankD Gearl 90000 i J rlmlali t@tivar146.bQ C kl€1fit 11r�� TALNChrG';Ttl PLfdCder PL.'Rt#EGU Dave YaneCe EMA rr eet ngs T25 t1d nih€a 513rrisan 23 200.72 f7oh Martin DtSklChisel plDrr, seed 1AMMAKRY14"2010 : CATIONS; Ca YS€acktdn2600 7ha rdges6ar rFi efir pFfihe Fairfax City Motlaned..by 2287 3a Mages secarr ded by. : trVritram Vohs:S OQ0 Q0 Counclt w6s Mid Thursdav, January t.9eer to apprave the first rea mriq dt Eastern IA,Cartset Care Carpet C.I.L. Mar,anne Wa€nwr19ht 850b0 14, 241b;st1 PaBrfax.City Hall MaYar ORr�INANC� ida.;10+4, Aft= RCtI- incl get sQ Jake Williarris 58.b0 ?eabo ca€ted the meaPTn P s aYder at .tlb (VAt4CE A14EEN[]r86G,TlhIE CC EDF BEd/5USan Lala Ltghiina c4ntesf 2,bQ ddth W€tz 1.851.12 Ptvi, Co lcll,Mernbers oresor l JoAnn !,OrM(NANCE$. r7F 7H>= CITY OF Elan Cau I66 3sm.7 8radfard W shvus}CX is20Q f3deC,'.Sera .Pr€eden aiw;u r#Yc FAI♦ FA�w,i9J4n1A,.2007,.BY A'MEh4b. Fa€,. -5dniar Citirens Cldnalivn:lQQ.JO David Yaneeek 4T,660,7Z ae ,, i4Farranite Wamfltfhts lG,f�t2}V}51CkFi5`PNRTptNI,NG 7aalrStar ankT�xes6dT4.32 C?anletamsr€I3i,b�. a� �> absent., .ne seat vacant„-p4hd,,qlA F i f f iPJ'RE LAT10tsS Rdil Fareway rfal4S tie s 1Tfi 1 Walter,Zama AC490:q � Staff present�',`CY;nfnia 5tVfryd iflttti e$1PFeer'lly Prieden, and r awS� F fb; 2bt14 lot rl GYassafbf�9s17ra42,RS € uSil,J tirtin tnf04eY," nd Caift9;$ayn fieri, AtzSe t. .':JVa€nWtr4gkht (7ha Page�f SD}Ward Suyv(refsuppgrt 1uIvAf9ned by Fr C der sa'c#dried �bY,! e -Csvaca t atiancarridd;; Praq " Ctfel gwn i `Tree remavai q ew✓SpaheT of general deet teatyprvve the ar3end 7xyes: Matlatledai.lJkaSiErs sdrpnd iry Beer !1 QdtTQb Beer;: F, is and nr�atfers. AbSerth tD table iviRIDINAtkV 105, AIV�CjRI`?Y FutureG,rne Flaw parts 6439 1n'SCfi1 Counties, li'i Iowa. Vuarnrrrrignf One boat rs vatadt. Mo� NAN.M.AME!MIG,THE CODE OF Gazette Ist bQshrng 25$3i 1 7 tFoncarried ORDrNARCEs tlP' THF-`CdTY DF :George Martin Diskkchrsel pldwlseod f of WI11C�1 15 attached Was MDfiarsed Seer secar dod tsy F'AjRF ScF rOWA.7997 T3Y AIutENl3- 2 287 37 � Magers to apprd�rS�nd place orc file the ING PROVISIONS P#PTr"rit91NG TD ,GraYbiiF dAicfbatferias 12696 City Ca4rr r4 minutes tram ti eeeyst�er SLVVr RstkRVICEt�HAt�i;r 5 Hall&x 48 EngFeestab61�2 THE GAZETTE newspaper 15 2649:.and Cie[YarfA1ftg and ZDnina r2a11 tali suets Anes eek ;prreden .tfJ FOA Dues 3Q al ��, 2010. Commrss€rstt nufos from December 'and Maggers AbS6fd WaFnwri0 'LA HPstarY:Jaurnal5ubser€pfion 7795 15 ZQ65 At eS EEeer Frieden, and OneSoat is vacanf, fltotIon carried IA Orte Call 01691!4.9.90. fNagerss Absart< PAtarnwrtght. One brstussion utas teLd d6.ut trrrin9 6.01 APERS Takes 2,996.76 seat rsyacanf 5tirtian carried vas5 Pa manage frte-crtu s Garai grouH rJeHlTarnrnY Tronvald L€ghtsns carrfest Lton CoumrfY Te4�utX Shorrff Chad' A contradt is to be drat1fed fdr ravrew t6Q•QQ dishing said notice is E emense g�YTu;repgr9 of:naufs and 41Iy. En44neer Sharte Irks discussed: JC Rafuse5erwces 7,385 z5 calBs. Libc arp.- €roctor.CafhY l3ayn ;; Elie CttV::s per iiadar feat ehargo far :K S B AR:SupplV Fere€liter 5,596:66 asked erh e f�:l.4ks�ary staff and'pa-1 water and geWer haat up These fees 'i�evsio dab Tots19412 trans are to,park dorm a sebvs`erner�-.' will he r&tdw.od• i Kirkwood Training 15400 gena MAS dr Kibbe will meet with: The Councll reviewed quotes fa Lakeside Equip Shear din S6.QQ kWriit vPVY°king. Dep&iPy 1.. iCddarit • efr919ers An Trarina haaks CatV.IbdiscutS'slUtlori. .17Pre Chen Ai - sassionwas tokd ataucur T32 00t askd outepagds aeISankaeDfe r and cdvo[asra in th0 4UG4 :LC REC Eiedfritity2"29684 this wQS due to titre€r mbvP and Its ted trola 50% 7tre5 vatQ alltaw AFLAC id Lirtv7a€d F�brhraC6ddcYtJon 64 42 Cattr aYne skit�tlf€ntgthe librdfY bias ap-1ta� cls nd ttarkpresen a groUptif th rraals W Moor�t FI t�tCrpl epairb 7 :Ifl I been s(o M@rr tsut'.that P1 m S'Chaa$ aide enough inlerusL 1 2 Q 05 , daMtrds help to keep 0 the fraff€c Mafianed by f 49ers, seconded t#Y Monarda�i 73riP�S C{e n 563 b7 M€kc 5a6kol 696^tine6 Phe C.tYUntfl chat: Fri�dott<Pir accept'the quotes For the hhrdAhforitan Cas l.TZtAAS ihd fire:dopaP imeni is IaDkfri9 into the faliowins pal€cies from :1.f N.W.est Nlheol C r4hkS 147,71 passebif 1V 0 �puecbasing a1: new.fire UrntedHealihcare. PIail ab tido R1ver Of�KIN EXtormfnatitjg 545b truck_ A ratmh;,cost asiirnate tar a ValfeV"Inc Pace`sudptY soeri 862D new rankax rs S1;GQ-184 titdusartd riot Lme 28 NeriGaga7SELECT, Fenwortt€Y BaDks3T142 Jars T€re Fru f#ue4tl be repfacrn2 vs 244 4SC)FCT5130fTbfZooaj75bEMPa for,a Price fndustrOl Perrin refund 251 O0 users Qid adz vitt bo salt!. Th ,,2551t374rrcibFa 3aYba M be 5a6U far o RathieCpnstFav request 360 ,74342 E rsartrreh4 r'dgclla'rbuefset,:wilhaeve; groupmonihly eiptu a7S -Ob Rf3.[SpecialtiesMugslcan&766,ii _ near pavaa t4 Other funt&s became AD&C7,fora 9r6uix n-Wim premium Sankaf's Garage Truck mamP 27 F2 E avaifabTe rraay€he poss€hFe to pay of a4$"T.26.'_ Schrmbers Extenstonsfrrse6i 737-4 the krau€eaclv"F'CFr1ef SankaE.was giuenr Ayes: :Beer FrIedevr, andrMagers.::.Schrader:[ Eiteayagn.� the ddfribuk's endorsement:,to.proceed Absent:'UUa€nwright Ona ieaf is ya, 7rucklnalSalt/sand9T3.34 with fKN process:and got more spec!- cant. lV oVon.carded Srrtr Tons'Perrrne Legal fees T,Qfs6 fits, Anatiarted by Frfedeat seconded by 5olkrerg5 Plaque 30.4.4 Ran Oq€t dascussed malnienance de_ Masers>to set JanaarY 26 2610 at kQQ South Slope Phanes52937 par1.lmenP Issues :A pump is out at the r'I�h as ihd date arld time fiat.:a spoaah :Staples Various supplies 35AS T Illi staflDn. The pmrls are ttAmirtg frdrrr 45ur4grf fneoting was Boor Pr€edea SfevolSa�idra Tomash Lighting corrlest Mailers Aksen# . 1Narnwnght SbQQ 1w ave Storey �fed by D ur} Ilgni puabasa" , aad 5y4udw gnat tD nn7t7 tr a4 uitr Wt,uC #ins tCunaa p9 s fa pnoo f1ALlBlfx 444 iuf ttibrTauq aq.fsnw Itl'M 1 v {�fi itl aX i7 x t101dc�€I aaen aGe}sen ra Iudl Dknte", SCfe1tA p4e s�Gr♦dg alIQ poo -In oa pqua¢u enaq a4}us al rp a} pat}loupe sem 'CQ6Z `aaqusaaoN }o;:: 4ep T419 044 to 61 P eufueaq ° assaD }x. s raraos ala�flvuta iUat�;teGsa€ State of Iowa pus MM 1514 ay}`pLOZ'AAMUS[ a Aep 44l t DUd Ira}er#L poi#i}a0 Agdjoq ajia"rcb 'atez`axe. -nueF}v:Asp 4te€nope.rd uo os}rr ff '.. 'pa52DII80'svomb`3 3 ��l a}ets ai{{u€PD}saxa4ul sunslaJ 11157 a - --, e � h a4 'S'�CI180� 3 Q3�ItI�rfChr �O. 3iVIS 3Hl-4oN3,11Vlt. Ff1P$I Umber 75 2 JaBayJ�fCJsga��tat r�� --ion „S ek£a2Cd r' 4 Alega c€ 1 w�an�a a� t[ rays rratw I 20 � �+ r tlrrfa �YStYfSTbd IPJ and r I �J 'I Qt66"h.rnnuraC a Go A4V}sr W leall.ghd pUaoas AD elect xgrnbax�ta}haUxD44 4Qtd Crit 61E zoets an7;rai,�ilSaaA�t�°�f 88 xa Od'and4t867tt D't'd`S rNSOF4 `NONNEtA hG t�tt- stwaoT•t{�axrrn.6 9E4E9 OSA uv}ua�.`833y xag O'd _- --, 'M 07"'i'j71,Ji-e 11to cit".�,cm