HomeMy WebLinkAbout2001 Special Election CITY OF WATERL'00
CERTIFICATE OF RESULT OF ELECTION
TO THE BOARD OF SUPERVISORS OF THE COUNTY OF BLACK HAWK,
STATE OF IOWA, AND TO ALL PERSONS INTERESTED:
I hereby certify that as Auditor of Black Hawk County, and in my capacity as
County Commissioner of Elections of the County of Black Hawk, State of Iowa, I did on
October 9th , 2001 conduct the canvass of the returns of a special measure
proposition election held in the City of Waterloo, Iowa, on October 2, 2001 at which
election there was submitted to the qualified electors of said City, the following special
proposition, to-wit:
Proposition C D
"Shall the City of Waterloo, in the County of Black Hawk, State of
Iowa, issue its General Obligation Bonds in the amount not exceeding
two million dollars ($2,000,000) for the purpose of constructing and
equipping a fiber optic backbone systems of a municipal cable
communication utility?"
I find that said election was legally held and conducted pursuant to law under my
supervision as Commissioner of Elections in the thirty(30)election precincts of said
City, as heretofore established, at the polling place or places thereof and upon notice
previously ordered pursuant to resolution of the City Council of said City; that the polls
were open from 7:00 o'clock A.M. until 8:00 o'clock P.M.
The votes cast at said election, and the tally lists thereof, were duly canvassed by
the Board of Supervisors of this County on the Tueay following said election at
nine o'clock A .M. ; and, this certificate is issued in accordance with said canvass.
That I have examined the ballots used at said election and find that the number
of votes registered is in all respects consistent with the canvass results of the Board of
Supervisors, and that I have received the voted ballots, absentee and special voters
ballots, tally lists, abstract of votes, Resolution of the Board of Supervisors canvassing
the results of said election, and other materials for preservation and safekeeping, as
required by law.
Pursuant to Resolution of the County Board of Supervisors, I hereby certify that
the aforesaid proposition, submitted at said election, the returns of which are herein
canvassed, was/was not duly approved by an affirmative vote on the said public measure
proposition equal to a majority or more of the total of all the legal votes cast for and
against said proposition at said election.
-1-
It is hereby declared and certified that the results of this canvass have been duly
entered on the records in my office.
Dated: October 9th , 2001.
Ck-)
County Auditor of Black Hawk County,
Iowa, and Commissioner of Elections
(COUNTY SEAL)
-2-
CITY'S COPY
STAIE OF IOWA )
) SS
COUNTY OF BLACK HAWK )
I, the undersigned do hereby certify that I am the County Auditor of the County
of Black Hawk, Iowa; that in my capacity as Commissioner of Elections of said County
(being the County having the largest taxable valuations located therein), I did conduct
and supers ise the election on the public measure proposition of the City of Waterloo,
Iowa, held October 2, 2001; that no objection has been raised or threatened with respect
to the conduct of said election or the result thereof; that said election was duly canvassed
by the Board of Supervisors of said County on the 10-02-2001 following the election;
that a copy of the official proceedings with respect to said canvass and resolution
canvassing, the vote is attached hereto; and also attached hereto is a copy of the
Certificate of Result of Election issued by me. I have carefully compared the attached
copies with the original documents on file in my office and they are true and correct in
every respect, and have not been withdrawn, amended or rescinded.
Done and certified this 9th day of October , 2001
County Auditor of Black Hawk County,
Iowa, and Commissioner of Elections
(County Seal)
•
J•
Election Summary Report - Date:10/08/01
SPECIAL MUNICIPAL 10-02-2001 Time:12:28:02
Pae:1ofl
Summary For Waterloo, WLOO FIBER OPTIC BOND ABSTRACT OF VOI S
•uestion
Vote For: 1
Precincts Reporting 31/31 100.00%
Total Votes 4550
YES 1488 32.10%
NO 3062 67.30%
WL Question C
Vote For: 1
Precincts Reporting 31/31 100.00%
Total Votes 4502
YES 1479 32.85%
NO 3023 67.15% K
WL Question D
Vote For: 1
Precincts Reporting 31/31 100.00%
Total Votes 4520
YES 1279 28.30%
NO 3241 71.70%
We, the undersigned Members of the Board of Supervisors, and ex-officio board of County
Canvassers, for Black Hawk County, hereby certify the above to be a true and correct abstract of the
votes cast in this county at the special election for Waterloo City held on the 2 ntl day October, 2001, as
shown by the tally lists returned from the several election precincts.
In testimony thereof, we have hereunto set our hands and caused this to be attested to and
sealed by the County Auditor of Black Hawk County, Iowa, this 9th day of October, 2001.
0- . , .)(...aUt•-...11_.—
Chair of the Board of Supervisors
Members of hey Board f Supervisors and Ex-Officio Board of County Canvassers:
a
Supervisor
Supervisor
5
`- Supervisor
ATTEST
9 erk, Board of Supervisors
Statement of Votes Cast Date:10/08/01
SPECIAL MUNICIPAL 10-02-2001 Time:15:08:33
Page:1 of 3
OFFICIAL WATERLOO FIBER OPTIC BOND
WL Question B
Reg. Times Total YES NO
Voters Counted Votes
County Wide Jurisdiction
Wloo WI P1 1640 196 195 47 24.10% 148 75.90%
Wloo WI P2 1513 147 145 29 20.00% 116 80.00%
Wloo WI P3 1314 204 201 108 53.73% 93 46.27%
Wloo W1 P4 1169 146 144 57 39.58% 87 60.42%
Wloo WI P5 1862 278 277 152 54.87% 125 45.13%
Wloo W1 P6 1426 192 191 90 47.12% 101 52.88%
Wloo W2 P1 1508 254 254 160 62.99% 94 37.01%
Wloo W2 P2 1656 277 277 83 29.96% 194 70.04%
Wloo W2 P3 1145 158 158 29 18.35% 129 81.65%
Wloo W2 P4 1788 246 242 89 36.78% 153 63.22%
Wloo W2 P5 475 18 17 13 76.47% 4 23.53%
Wloo W2 P6 2108 220 220 36 16.36% 184 83.64%
Wloo W3 P1 1650 196 194 50 25.77% 144 74.23%
Wloo W3 P2 775 84 84 14 16.67% 70 83.33%
Wloo W3 P3 676 59 59 10 16.95% 49 83.05%
Wloo W3 P4 1016 97 96 19 19.79% 77 80.21%
Wloo W3 P5 1661 218 217 36 16.59% 181 83.41%
Wloo W3 P6 1500 217 216 73 33.80% 143 66.20%
Wloo W4 PI 1817 111 109 31 28.44% 78 71.56%
Wloo W4 P2 1162 42 42 12 28.57% 30 71.43%
Wloo W4 P3 933 41 40 6 15.00% 34 85.00%
Wloo W4 P4 1768 179 177 57 32.20% 120 67.80%
Wloo W4 P5 783 54 52 15 28.85% 37 71.15%
Wloo W4 P6 753 73 72 9 12.50% 63 87.50%
Wloo W5 P1 980 68 68 17 25.00% 51 75.00%
Wloo W5 P2 1483 142 142 49 34.51% 93 65.49%
Wloo W5 P3 1277 115 115 41 35.65% 74 64.35%
Wloo W5 P4 1047 162 161 42 26.09% 119 73.91%
Wloo W5 P5 1430 226 224 54 24.11% 170 75.89%
Wloo W5 P6 728 88 86 21 24.42% 65 75.58%
Absentee 39043 75 75 39 52.00% 36 48.00%
39043 4583 4550 1488 32.70% 3062 67.30%
•
Statement of Votes Cast Date:10/08/01
SPECIAL MUNICIPAL 10-02-2001 Time:15:08:43
OFFICIAL WATERLOO FIBER OPTIC BOND Page:2 of 3
WL Question C
Reg. Times Total YES NO
Voters Counted Votes
County Wide Jurisdiction
Wloo WI PI 1640 196 196 48 24.49% 148 75.51%
Wloo WI P2 1513 147 144 27 18.75% 117 81.25%
Wloo WI P3 1314 204 201 107 53.23% 94 46.77%
Wloo WI P4 1169 146 145 55 37.93% 90 62.07%
Wloo WI P5 1862 278 277 146 52.71% 131 47.29%
Wloo WI P6 1426 192 190 91 47.89% 99 52.11%
Wloo W2 P1 1508 254 252 164 65.08% 88 34.92%
Wloo W2 P2 1656 277 276 82 29.71% 194 70.29%
Wloo W2 P3 1145 158 156 31 19.87% 125 80.13%
Wloo W2 P4 1788 246 229 92 40.17% 137 59.83%
Wloo W2 P5 475 18 17 11 64.71% 6 35.29%
Wloo W2 P6 2108 220 219 38 17.35% 181 82.65%
Wloo W3 PI 1650 196 192 51 26.56% 141 73.44%
Wloo W3 P2 775 84 83 12 14.46% 71 85.54%
Wloo W3 P3 676 59 58 12 20.69% 46 79.31%
Wloo W3 P4 1016 97 97 20 20.62% 77 79.38%
Wloo W3 P5 1661 218 216 35 16.20% 181 83.80%
Wloo W3 P6 1500 217 213 75 35.21% 138 64.79%
Wloo W4 P1 1817 111 111 29 26.13% 82 73.87%
Wloo W4 P2 1162 42 42 13 30.95% 29 69.05%
Wloo W4 P3 933 41 40 5 12.50% 35 87.50%
Wloo W4 P4 1768 179 172 58 33.72% 114 66.28%
Wloo W4 P5 783 54 52 13 25.00% 39 75.00%
Wloo W4 P6 753 73 71 9 12.68% 62 87.32%
Wloo W5 P1 980 68 68 14 20.59% 54 79.41%
Wloo W5 P2 1483 142 136 47 34.56% 89 65.44%
W100 W5 P3 1277 115 110 40 36.36% 70 63.64%
Wloo W5 P4 1047 162 157 43 27.39% 114 72.61%
Wloo W5 P5 1430 226 221 54 24.43% 167 75.57%
Wloo W5 P6 728 88 87 20 22.99% 67 77.01%
Absentee 39043 75 74 37 50.00% 37 50.00%
39043 4583 4502 1479 32.85% 3023 67.15%
Statement of Votes Cast Date:10/08/01
SPECIAL MUNICIPAL 10-02-2001 Time:15:08:48
OFFICIAL WATERLOO FIBER OPTIC BOND Page:3 of 3
WL Question D
Reg. Times Total YES NO
Voters Counted Votes
County Wide Jurisdiction
Wloo WI P1 1640 196 194 37 19.07% 157 80.93%
Wloo WI P2 1513 147 146 27 18.49% 119 81.51%
Wloo WI P3 1314 204 203 97 47.78% 106 52.22%
Wloo WI P4 1169 146 145 52 35.86% 93 64.14%
Wloo W1 P5 1862 278 276 135 48.91% 141 51.09%
Wloo WI P6 1426 192 190 81 42.63% 109 57.37%
Wloo W2 P1 1508 254 250 144 57.60% 106 42.40%
Wloo W2 P2 1656 277 277 68 24.55% 209 75.45%
Wloo W2 P3 1145 158 156 26 16.67% 130 83.33%
Wloo W2 P4 1788 246 230 85 36.96% 145 63.04%
Wloo W2 P5 475 18 18 11 61.11% 7 38.89%
Wloo W2 P6 2108 220 220 29 13.18% 191 86.82%
Wloo W3 P1 1650 196 192 40 20.83% 152 79.17%
Wloo W3 P2 775 84 84 10 11.90% 74 88.10%
Wloo W3 P3 676 59 58 10 17.24% 48 82.76%
Wloo W3 P4 1016 97 97 20 20.62% 77 79.38%
Wloo W3 P5 1661 218 218 27 12.39% 191 87.61%
Wloo W3 P6 1500 217 214 64 29.91% 150 70.09%
Wloo W4 PI 1817 III 111 26 23.42% 85 76.58%
Wloo W4 P2 1162 42 42 11 26.19% 31 73.81%
Wloo W4 P3 933 41 41 4 9.76% 37 90.24%
Wloo W4 P4 1768 179 176 50 28.41% 126 71.59%
Wloo W4 P5 783 54 53 13 24.53% 40 75.47%
Wloo W4 P6 753 73 73 5 6.85% 68 93.15%
Wloo W5 PI 980 68 68 16 23.53% 52 76.47%
Wloo W5 P2 1483 142 135 38 28.15% 97 71.85%
Wloo W5 P3 1277 115 110 36 32.73% 74 67.27%
Wloo W5 P4 1047 162 159 35 22.01% 124 77.99%
Wloo W5 P5 1430 226 223 35 15.70% 188 84.30%
Wloo W5 P6 728 88 87 17 19.54% 70 80.46%
Absentee 39043 75 74 30 40.54% 44 59.46%
39043 4583 4520 1279 28.30% 3241 71.70%
This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
RESOLUTION NO. 2001-477
RESOLUTION CALLING A SPECIAL CITY ELECTION.
WHEREAS, the City of Waterloo, Iowa, proposes to establish a
Municipally-Owned cable communications or television system
(including video, voice, telephone, data and all other forms of
telecomrr.unications and cable communications) Utility and to
provide the management and control of such utility shall be in the
Board of Trustees of the Waterloo Municipal Utility consisting of
three (3) trustees who serve as the Board of Trustees for the
municipal cable communications utility of the City of Waterloo;
and
WHEREAS, Section 388 . 2 of the City Code of Iowa, provides
that before the Council of the City may establish such a Utility,
it shall call a special city election to vote upon such
proposition in accordance with the provisions of said statute; and
WHEREAS, this Council on its own motion determines such an
election should be held; and
WHEREAS, no such proposal nor any other proposal
incorporating any portion of it, has or will have been submitted
to the electors of the City for a period of more than four years
prior to the date of election hereinafter provided; and
WHEREAS, "Waterloo/Cedar Falls Courier" is a legal
newspaper, printed wholly in the English language, as defined by
Section 618 . 3 of the Code of Iowa, and is published in said City
and of general circulation therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA:
Section 1 . That there is hereby called a special City
election on Tuesday, October 2 , 2001, at which election there
shall be submitted to the qualified electors of said City the
following questions, to-wit :
Proposition A
"Shall the City of Waterloo, in the County of
Black Hawk, State of Iowa, be authorized to
establish a Municipally-Owned cable communications
or television system, telephone or
telecommunications system (including video, voice,
telephone, data and all other forms of
telecommunications and cable communications)
Utility?"
and
Proposition B
"Shall the management and control of the
Municipally-Owned cable communications or
television system, telephone or telecommunications
system (including video, voice, telephone, data
and all other forms of communications and cable
communications) be placed in a Board of Trustees
consisting of three (3) members?"
Resolution No. 2001-477
Page 2
and
Proposition C
"Shall the City of Waterloo, in the County of
Black Hawk, State of Iowa, issue its General
Obligation Bonds in the amount not exceeding two
million dollars ($2, 000, 000) for the purpose of
constructing and equipping a fiber optic backbone
systems of a municipal cable communication
utility?"
Section 2 . That the voting place or places for said election,
and the hours the polls shall be opened and closed shall be as set
out in the notice of election, said notice to be prepared and
approved by the County Commissioner of Elections .
Section 3 . That the form of ballot to be used at said
election shall be as follows :
(a) In those precincts using paper ballots they shall
be printed of some color other than white, pursuant
to the provisions of Section 49 .43 of the Code of
Iowa; substantially in the form set forth in the
Notice of Election, and
(b) In those precincts using voting machines, if any,
they shall be printed in black ink on clear, white
material, of such size as will fit the ballot
frame, and in as plain, clear type as the space
will reasonably permit, pursuant to the provisions
of Section 52 . 10 of the Code of Iowa, substantially
in the form set forth in the Notice of Election.
That said notice shall show the names of all
candidates or nominees and the office each seeks,
if any, and if more than one public measure shall
be submitted to the electors at the time of said
election, all such measures shall be printed upon
one ballot .
Section 4 . That the Election Board for the voting precinct or
precincts shall be appointed by the County Commissioner of
Elections, nor less than 15 days before the date of said election,
a certified copy of which appointment shall be officially placed
on file in the office of the Clerk of said City.
Section 5 . That the Auditor of Black Hawk County, Iowa, being
the County Commissioner of Elections, is hereby directed to
publish the notice of election once in "Waterloo/Cedar Falls
Courier" being a legal newspaper, printed wholly in the English
language, as defined by Section 618 . 3 of the Code of Iowa,
published in said City and of general circulation therein, said
publication to be not less than four clear days nor more than
twenty days prior to the date of said election.
Sec:ion 6 . That the County Commissioner of Elections,
pursuant to Section 47 . 2 , Code of Iowa, is requested to designate
the Clerk of said City as a Deputy County Commissioner of
Elections, if said Commissioner believes such designation will be
in the best interests of said election, and said Clerk, if so
designated, is hereby directed and authorized to assist the
Commissioner in administering the election conducted by the
Commissioner for said City.
Section 7 . That the County Commissioner of Elections shall
cause to be prepared all such ballots and elections registers and
Resolution No. 2001-477
Page 3
other supplies as may be necessary for the proper and legal
conduct of said election and the Clerk is hereby authorized and
directed to cooperate with said Commissioner of Elections and to
do and prepare all necessary matters in order to make said
election legal and valid.
Section 8 . That the Clerk is hereby directed to file a
certified copy of this resolution in the office of the County
Commissioner of Elections, which filing shall also constitute the
"written notice" to the County Commissioner of Elections of the
election date required to be given by the governing body under the
provisions of Chapter 47 of the Code of Iowa.
PASSED AND ADOPTED this 27th day of August, 2001 .
Joilipprooff, Mayo,,
ATTEST:
Nancy Ect, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Resolution No. 2001-477, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 27th day of August, 2001 .
Witness my hand and seal of office this 29th day of August,
2001 .SEAL
Nancy Ec rt, City Clerk
CITY U'r s,1.388.3
e a violation of s. CHAPTER 387
ction of taxes or in•.
Dplicable to the imp . }:S RURAL COMMUNITY DEVELOPMENT
re fiscal year in which ;
;he city arranges for w• Repealed by 86 Acts,ch 1245,4852
Ty warrants,they may T;
ad to pay the costs of
'ants may be used to .
services constituting
provement. CHAPTER 388
• CITY UTILITIES
abatements. -
ye in the operation Legislative intent regarding cable communications
or television,telephone,and telecommunications
parking fees at any .•:', ,fru - systems or services;99 Acts,ch 63,41
n or used in conjuncti•`_
after notice and he: •,
i.6.The authority to., f Definitions. 388.8 Ease entt boaru.
for the Submission to voters. 388.8 Easement continuance.
nly period of R..p Procedure upon approval. 388.9 Competitive information.
vners and in the re-. . 4 Utility board. 388.10 Municipal utility providing local exchange
-izing the application Control of tax revenues. services.
:Ilion the application'" Discrimination in rates.
paid fees, the city n:
rs of the parking facili ,. •
-
aon authorizing the : .` '
rh purpose, the co
tion will further the.,
iding but not limited ' ;f;,:
]activity in the distri -. ;<`$88.1 Definitions. A proposal for the establishment of a utility
. used in this chapter: board must specify a board of either three or five
'Combined utility system"means the same members.
provisions. • fined in section 384.80. If a majority of those voting for and against the
hapter with respect "Utility board"or`board"means a board of proposal approves the proposal,the city may pro-
_for the construction,,.- >: established to operate a city utility,city ceed as proposed.
uidati.ngimprovem. .:". ' •es,or a combined utility system. A single If a majority of those voting for and against the
bfbonds are in lieu of . board may operate more than one city util- proposal does not approve the proposal,the same
aapters 73A and 75, _ lien though such city utilities are not a corn- or a similar proposal may not be submitted to the
rifically referred to , . . • , utility system. voters of the city for at least four years from the
iapter. ' 5,77,79,81,§388.1] date of the election at which the proposal was de-
`. feated.
e [C73,§471;C97,§720,721;S13,§720,721;C24,
'I.. 27,31,35,39,§6131-6133,6144;C46,50,54,58,
Submission to voters. §397.5-397.7, 397.29; C62, 66, 71, 73,
,'.. 'proposal of a city to establish, acquire, §397.5-397.7, 397.29, 397.43; C75, 77, 79, 81,
or dispose of a city utility,except a sanitary §388.2]
or storm water drainage system,in order 90 Acts,ch 1206, §4
apdertake or to discontinue the operation of the city election,held after June 30,1993,on issue of offer of communica-
Pe bone or telecommunications systems or services and actions of utilities
1 utility,or the proposal to establish or dissolve board deemed valid;99 Acta,ch 63,48
eo4nbined utility system, or the proposal to es-
, • . • or discontinue a utility board,is subject to 388.3 Procedure upon approval.
approval of the voters of the city,except that a If a proposal to establish a utility board receives
• may be discontinued by resolution of the a favorable majority vote,the mayor shall appoint
.. - when the city utility,city utilities,or corn- the board members, as provided in the proposal,
• utility system it administers is disposed of subject to the approval of the council. The council
-• for a period of over five years. shall by resolution provide for staggered six-year
' -Proposal may be submitted to the voters at terms for,and shall set the compensation of,board
‘ city election by the council on its own motion. members.
= • receipt of a valid petition as defined in sec- A board member appointed to fill a vacancy oc-
362.4, requesting that a proposal be sub- curring by reason other than the expiration of a
•-• to the voters,the council shall submit the term is appointed for the balance of the unexpired
.;• •' : at the next regular city election. term.
j':
1 ! a§3e8.3,CrIY Ur rFIES
3121
A public officer or a salaried employee of the city 6159.1;C46,50,$363.52,397.34,398.11;C54,
may not serve on a utility board. 62, 66, 71, 73, §368A.7, 368A.24, 397.34,398.0
l [C97,$747;S13,§747-a,-b;C24,27,$6147,6148, C75, 77, 79,81, $388.4]
6157;C31,35,$6147,6148,6157,6943-cl,-c2,-c3;
C39,§6147,6148,6157,6943.001-6943.003;C46, 388.5 Control of tax revenues.
50, 54,58, 62, 66, 71, 73, $397.32, 397.33, 398.8,
420.297-420.299;C75, 77, 79,81,$388.3] t utility cityd shall ccity
utillities,
ti revenues,oromells,
Gated to the utility,city utilities, combines
utility system it administers and all moneys do,
} ; 388.4 Utility board rived from the operation of the city utility,cityuti.
The title of a utility board must be appropriate lilies, r rote combined utility system,the sale ofut
to the city utility,city utilities,or combined utility property interest on investments,or from an
td er source related to the city utility,city utilities,or
i system administered by the board. A utility board combined utility system.
s.. may be a party to legal action. A utility board may All city utility moneys received must be held is
exerciseall powers of a city in relation to the city a separate utility fund,with a separate accounts
utility,
city utilities,or combined utility system it accounts for each city utility or combined utility
with following exceptions: q
i administers, the
# 1. Aboard ma system. If a board administers a municipal utility y not certify taxes to be levied, or combined utility system, moneys may be paid
pass ordinances or amendments,or issue general out of that utility account only at the direction o
obligation or special assessment bonds. the board.
2. The title to all property of a city utility or [C97,§748;C13,$741-b,748;C24,27,31,35,39,
• combined utility system must be held in the name §5676,6158;C46,50,$363.50,398.9;C54,58,62,of the city,but the utility board has all the powers 66,71,73,§368A.6,398.9;C75,77,79,81,$388.51
4 and authorities of the city with respect to the ac-
quisition by purchase, condemnation, or other-
wise,lease,sale,or other disposition of such prop- 388.E Discrimination in rates.
erty,and the management,control,and operation
of the same requirements A city utility or a combined utility system ate,
, subject to the requi , terms, not provide use or service at a discriminatory rate,
except to the city or its agencies,as provided in sea
covenants,conditions,and provisions of any reso-
lutions authorizing the issuance of revenue bonds, tion 384.91.
pledge orders,or other obligations which are pay- [C75,77, 79,81, §388.61
able from the revenues of the city utility or corn-
' 388.? Prior utility
bind utility system,and which are then outstand- board.
ing. A utility board functioning on the effective date'T
c,-_ 4 3. A board shall make to the council a detailed of the city code shall continue to function until dis-
4 annual report, including a complete financial continued as provided in this chapter,and has
"
statement. the powers granted in this chapter. ,
Nothingin the city code shall beconstrued to al-
4. Immediately following a regular or special
meeting of a utility board,the secretary shall pre- low the abrogation of any franchise.
pare a condensed statement of the proceedings of [C75,77,79,81,$388.71 ,.
the board and cause the statement to be published
in a newspaper of general circulation in the city. 388.8 Easement continuance.
• The statement must include a list of all claims al- If a city exercised a right to an easement as
f', lowed, showing the name of the person or firm property before January 1,1950,for the establish-
k making the claim,the reason for the claim,and the ment of water,sewer,or gas or power lines,the city
amount of the claim. Salary claims must show the has acquired the right to exercise a continuing
gross amount of the claim except that salaries paid easement on that property to the extent necessary
to persons regularly employed by the utility, for for repair and maintenance of those lines.
services regularly performed by them, must be [81 Acts,ch 129, $11
published once annually showing the gross
amount of the salary. In cities having more than 388.9 Competitive information.
one hundred fifty thousand population the utility 1. Notwithstanding section 21.5,subsection 1,
board shall each month prepare in pamphlet form the governing body of a cityutilityor combined
the statement herein required for the preceding utilitysystem,or a cityenterprise
month, and furnish copies to the citylibraryn384.80,r 8 by a city
P� the enterprise as defined in section by a vote
!r= ; daily newspapers of the city,the city clerk,and to of two-thirds of the members of the body or all of
persons who apply at the office of the secretary, the members present at the meeting, may hold a
and the pamphlet shall constitute publication as closed session to discuss marketing and pricing
€ ; required. Failure by the secretary to make publi- strategies or proprietary information if its cow-
cation is a simple misdemeanor. petitive position would be harmed by public disci*,
[S13,§1056-a7,-c24;C24,§5678,6149;C27,31, sure not required of potential or actual competf-
; y 35,§5676-a2,6149,6159-al;C39, §5676.2,6149, tors,and if no public purpose would be served by
4
JOINT WATER Uri1TIES,ch 389
•
k,398.11;C54, 'i disclosure. The minutes and a tape recording city service if the person was not a telecommunica-
4, 397.34,3•: r• t session closed under this subsection shall be tions customer.
, able for public examination at that point in (4) Use funds or revenue generated from elec-
when the public disclosure would no longer tric, gas,water, sewage, or garbage services pro-
nues.
„ the utility's competitive position. vided by the city for the ongoing support of that
tax revenues , - Notwithstanding section 22.2,subsection 1, portion of a system or service used to provide local
lities,or co„.•. . 'c records of a city utility or combined utility exchange services.
nd all moneys or a city enterprise or combined city enter- b. For purposes of this section, "telecommu-
ity utility,city , as defined in section 384.80,which shall not nications system"means only that portion of a sys-
a,the sale of .1, examined or copied as of right,include propri- tem or facilities which is used to provide local ex-
ts,or from any' '' information,records of customer names and change services.
,ts, records associated with marketing or 2. A city that owns or operates a municipal
ity,city utili• , preliminary working papers, utility providing local exchange services pursuant
strategies, p m9
ed must be � : , ' ,-beet scenarios, and cost data,if the coin- to chapter 476 or the municipal utility shall do the
;eparate :•., ,:ve position of the city utility,combined utility following:
or combined • .1 ......., city enterprise, or combined city enter- a. Prepare and maintain records which record
a municipal .1 would be harmed by public disclosure not re- the full cost accounting of providing local ex-
oneys may be , ,•of a potential or actual competitor,and if no change service. The records shall show the
at the - :, ., purpose would be served by such disclosure. amount and source of capital for initial construc-
• •licrecord not subject to examination or copy- tion or acquisition of the local exchange system or
C24,27,31,35, " under this subsection shall be available for facilities. This section shall not prohibit a munici-
,398.9;C54,58, ' ',` • examination and copying at that point in pal utility from utilizing capital from any lawful
when public disclosure would no longer harm source,provided that the reasonable cost of such
77,79,81,1 ••i competitive position of the city utility, coin- capital is accounted for as a cost of providing the
, utility system,city enterprise,or combined serb cAdopt rates for the provision of local ex-
e.
rates. enterprise.
utility system Acts,ch 63,§3,8 change services that reflect the actual cost ofpro-
iiscriminatory , ,intent;99 Acts,ch 63,41 viding the local exchange service. However,this
a,as provided in• -• epplies retroactively to July 1,1993;99 Acts,ch 63,18 paragraph shall not prohibit the municipal utility
local from establishing market-based prices for compet-
' 10 Municipal utility providing itive local exchange services.
.., . e services. c. Be subject to all requirements of the city
d a. A city that owns or operates a municipal which would apply to any other provider of local
on the effective providing local exchange services pursuant exchange services in the same manner as such re-
•• -r 476 or the municipal utility shall not do, quirements would apply to such other provider.
chapter,and , or indirectly,any of the following: 3. This section shall not prohibit the market-
„] { Use general fund moneys for the ongoing ing or bundling of other products or services, in
lIIbecr. ,., or subsidyof a telecommunications sys-
lll be construed' addition to local exchange services. However, a
nchise. -{' Provide any city facilities, equipment, or city shall include on a billing statement sent to a
i: person receiving services from the city,a separate
- to provide telecommunications systems charge for each service provided to the person.
ces at a cost for such facilities,equipment, This subsection does not prohibit the city from also
uance. ces which is less than the reasonable cost including on the billing statement a total amount
to an easement gto be paid by the person.
150,for the es - ,^ J�,', .� such cityfacilities,equipment,or ser-
r power lines,the: other than 99 Acts,ch 63,§4,8
Provide any other city service, Legislative intent;99 Acts ch 63,41
thxer x a con•• unication8 service, to a telecommumCa- Section applies retroactively to July 1,1993;validity of city elections cif-
the extent n • Customer at a cost which is less than would ter June 30,1993,on issue of offer of communications or telecommunica-
of those lines. lions systems or services and actions of utilities board;city financing men-
t'' • by the same person receiving such other sures prior to January 1,1999,not a violation;99 Acts,ch 63,¢8 s
)rmation.
,on 21.5,sub ' .
'utility or Co.' .
'prise or combined CHAPTER 389
the
rs of the body or
Lion 384.80,by a i JOINT WATER UTILITIES
t meeting,may ' 'l
arketing and ••' "
formation if its '
1. Definitions. 389.4 Financing.
f Submission to voters. 389.5 Construction.
ed by public,• Powers and duties.
'al or actual co,.
e would be se '
1
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The Board of Supervisors of Black Hawk County, State of
Iowa.
Date of Meeting: October 9, 2001.
Time of Meeting: 9:00 o'clock A.M.
Place of Meeting: Courthouse, 316 E. 6th Street, Waterloo, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for said
meeting is as follows:
$2,000,000 Waterloo - General Obligation Bonds.
• Resolution canvassing results of election.
Such additional matters as are set forth on the additional 5 page(s)
attached hereto.
(number)
This notice is given at the direction of the Chairperson pursuant to Chapter 21,
Code of Iowa, and the local rules of said governmental body.
County Auditor, Black Hawk County, State of
Iowa Grant Veeder
•
October 9, , 2001
The Board of Supervisors of Black Hawk County, Iowa, met in
regular session, in the Board Room, in the Black Hawk County Courthouse,
316 East 5th Street, Waterloo, Iowa at 9:00 o'clock A .M. on the above date. Present
were Chairperson Craig White , in the chair, and the following named Board
Members:
Barbara Leestamper. Leon V. Mosley,
Brian S. Quirk, Maggie Stewart
Absent: None
-1-
The Board of Supervisors proceeded to canvass the results of the votes of the
special measure proposition cast at a special city election held on October 2, 2001, and
now embodies its findings and conclusions in the resolution next hereinafter set out,
which was introduced by Supervisor Quirk , who moved its adoption,
seconded by Supervisor Stewart . After due consideration of said
Resolution by the Board of Supervisors, the Chairperson put the question upon the
adoption of said resolution, and the roll being called, the following named Supervisors
voted:
AYES: Leestamper, Mosley, Quirk, Stewart, White
NAYS: None
Whereupon, the Chairperson declared said resolution duly adopted as follows:
RESOLUTION
WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore did legally
call a special election to be held on Tuesday, October 2, 2001, and ordered submitted
thereat to the qualified electors of said City, the following special measures:
Proposition D
"Shall the City of Waterloo, in the County of Black Hawk,
State of Iowa, issue its General Obligation Bonds in the
amount not exceeding two million dollars ($2,000,000) for
the purpose of constructing and equipping a fiber optic
backbone systems of a municipal cable communication utility?"
WHEREAS, legal, sufficient and timely notice of the submission of said
proposition at said election and of the date and hours of said election, and of the voting
precinct or precincts thereof, with their corresponding polling place or places, was duly
published and a correct and complete copy of each said proposition was posted up at
each polling place or places during the day of said election throughout the hours thereof,
all in strict compliance with Section 345.6 of the Code of Iowa, as amended, and with the
orders of said Board of Supervisors:
NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF BLACK HAWK, IN THE STATE OF IOWA, AS FOLLOWS:
Section 1. That it is hereby found, determined and declared:
First: That said election was held and conducted in each of the voting
precincts or precinct of said City at the respective polling place or places, pursuant to due
notice, and in strict compliance with law, and that said proposition and the vote thereon
complies strictly with law.
Second: That at said election, on the proposition D. above set out, there
were cast 4,520 ballots, of which 1,279 votes were cast "YES" and 3,241
votes were cast "NO" and 63 ballots were cast blank or defectively marked, the vote
by precinct or precincts being as set forth and abstracted in the official tally list a copy of
which is attached hereto.
That the total number of persons voting in the precinct or precincts at said
election on said date, as is shown by the election registers and poll tally lists, was
4,583 .
Third: Neither the above proposition nor any proposal incorporating any
portion thereof, was submitted to the electors of such City within the six months
preceding the date of the election canvassed hereby.
Section 2. That said proposition and the results of the vote thereon, shall be
entered at large in the minutes book, all in conformity with Chapter 50, and in particular
Section 50.24 of the Code of Iowa.
Section 3. That a copy of this Resolution, the Abstract of Votes and the original
tally lists, are hereby delivered to the Commissioner of Elections for filing as required by
law.
PASSED AND APPROVED this 9th day of October , 2001.
Nra-
irpers Board of Supervisors
AF!EST: Craig Jhite
dae-
County Auditor and Commissioner of Elections
Grant Veeder
(SEAL)
-3-
On motion and vote the meeting adjourned.
County Auditor of Black Hawk County,
Iowa, and Commissioner of Elections
Grant Veeder
(Attach copy of tally list)
-4-
CERTIFICATE
STATE OF IOWA )
)SS
COUNTY OF BLACK HAWK )
I, the undersigned County Auditor and Secretary of the Board of Supervisors of
Black Hawk County, State of Iowa, do hereby certify that attached is a true and complete
copy of the portion of the records of said County showing proceedings of the Board, and
the same is a true and complete copy of the action taken by said Board with respect to
said matter at the meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which was timely served on each
member of the Board and posted on a bulletin board or other prominent place easily
accessible to the public and clearly designated for that purpose at the principal office of
the Board (a copy of the face sheet of said agenda being attached hereto pursuant to the
local rules of the Board and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the
commencement of the meeting as required by said law and with members of the public
present in attendance; I further certify that the individuals named therein were on the date
thereof duly and lawfully possessed of their respective offices as indicated therein, that
no vacancy existed except as may be stated in said proceedings, and that no controversy
or litigation is pending, prayed or threatened involving the incorporation, organization,
existence or boundaries of the County or the right of the individuals named therein as
officers to their respective positions.
WITNESS my hand and the seal of said Board hereto affixed this 9th day of
October , 2001.
oC u�uditor of Black Hawk County,
n',
Iowa Grant Veeder
(COUNTY SEAL)
-5-
AGENDA FOR THE REGULAR SESSION OF THE BOARD OF SUPERVISORS
OF BLACK HAWK COUNTY, WATERLOO, IOWA, TO BE HELD IN THE
CONFERENCE ROOM 201 OF THE COUNTY COURTHOUSE AT 9:00 A.M.
OCTOBER 9, 2001
I. ROLL CALL
IL MOMENT OF SILENCE-To Reflect on Actions
III. AGENDA RECEIVED AS PROPOSED OR AS AMENDED
IV. MINUTES APPROVED-OCTOBER 2, 2001
9:00 A.M. Canvass--Special Elections for cities of Cedar Falls, LaPorte City and Waterloo
held October 2, 2001
9:10 A.M. Hearing-FY02 Budget Amendment
9:20 A.M. Hearing-Ordinance #65 Amendment to Black Hawk County Agricultural
Preservation Zoning Ordinance adopted February 2, 1999
9:25 A.M. Hearing-Ordinance#66 Amendment to Subdivision Ordinance adopted October
8, 1996
9:30 A.M. Hearing-Ordinance #67 Amendment to Black Hawk County Code of
Ordinances codified February 2, 1999
V. CLAIMS AND PAYMENTS
A. Resolution-that the County Auditor be authorized to ISSUE WARRANTS against the
various funds in settlement of such claims as allowed.
B. Resolution-that the County Auditor be authorized to ISSUE WARRANT to Don
Gardner Construction Co., Waterloo, IA for FINAL PAYMENT in the amount of
$2,190.00 for Black Hawk County Fourth Floor Renovation Project (contract amount
$661,574.00) be approved.
C. Resolution-that the County Auditor be authorized to ISSUE WARRANT to Minnowa
Construction, Inc., Harmony, MN for FINAL PAYMENT in the amount of$5,163.00
(contract amount$172,100.00) for Project L-F-999 Bridge Decks at Various Locations
in Black Hawk County be approved.
VI. CONTRACTS AND AGREEMENTS
A. Motion-that the CONTRACT between Black Hawk County and Gallagher Bassett
Services, Inc. for the purpose of Claims Administration and Loss Control in the amount
of$25,000 be approved effective July 1, 2001 through July 1, 2002 and the Chair be
directed to sign for same as approved.
B. Motion-that the AGREEMENT between Black Hawk County and the Iowa Department
of Transportation for Federal-Aid Surface Transportation Program(STP) Project to
finance project STP-S-0007(67) -- 5E-07 ACC Resurfacing of Washburn Road(D38)
from Hwy 218 to Hwy 21 with federal funds be approved and to authorize and direct
the Chair to sign for same as approved. This project is scheduled for construction in FY
2002-2003 at a total estimated cost of$750,000, with $440,000 funded from STP funds.
OCTOBER 9, 2001 AGENDA
Page -2-
VII. BONDS, PERMITS AND LICENSES
A. Motion-that the renewal application for a Class C Liquor LICENSE and Sunday Sales
Privilege submitted by Schaefer's Tavern, 4533 E Washburn Road, Washburn, IA
50706 be approved effective October 9, 2001 and the Chair be directed to sign for same
as approved.
VIII. OTHER BUSINESS
A. For Discussion/Possible Board Action--Mark Savoca, Hydrologist, US Department of
the Interior RE: Hydrogeology of the Cedar River Alluvium, Northwest Black Hawk
County, Iowa Project Update
B. 9:00 A.M. Election Canvass-SPECIAL ELECTIONS for cities of Cedar Falls, LaPorte
City and Waterloo held October 2, 2001.
C. Resolution-$3,250,000 Cedar Falls-General Obligation Bonds - Canvassing results of
election held October 2, 2001
D. Resolution-$1,500,000 LaPorte City-General Obligation Bonds - Canvassing results of
election held October 2, 2001
E. Resolution-$2,000,000 Waterloo - General Obligation Bonds - Canvassing results of
election held October 2, 2001
F. 9:10 A.M. Hearing-Proposed Budget Amendment for Fiscal Year 2001-2002
1. Motion-to close the hearing after oral/written comments are received.
2. Resolution-that the FY01/02 Budget be AMENDED by changing the previous
revenues and expenditures as submitted and on file with the County Auditor's Office
3. Resolution-that the County Auditor be directed to Increase/Decrease
APPROPRIATIONS to the various operating budgets for FY01/02 for the submitted
offices and as shown upon the records in the office of the County Auditor with such
changes being made in accordance with Chapter 331.434.6 of the Code of Iowa.
G. 9:20 A.M. Hearing - Ordinance #65 AN ORDINANCE AMENDING THE BLACK
HAWK COUNTY, IOWA, AGRICULTURAL PRESERVATION ZONING
ORDINANCE ADOPTED FEBRUARY 2, 1999
1. Motion-to waive the first reading of ORDINANCE #65 AN ORDINANCE
AMENDING THE BLACK HAWK COUNTY, IOWA, AGRICULTURAL
PRESERVATION ZONING ORDINANCE ADOPTED FEBRUARY 2, 1999 as
notice was published in the Waterloo Courier on September 28, 2001 and copies
were available for public inspection in the Black Hawk County Auditor's Office,
Room 213, and the Board of Supervisors Office, Room 203, of the Black Hawk
County Courthouse.
OCTOBER 2, 2001 AGENDA
Page -3-
VIII. OTHER BUSINESS
G. Ordinance#65-Continued
2. Motion-to close the hearing after oraUwritten comments are received.
3. Resolution-that said Ordinance#65 be approved.
H. 9:25 A.M. Hearing - Ordinance #66 AN ORDINANCE AMENDING THE BLACK
HAWK COUNTY, IOWA, SUBDIVISION ORDINANCE ADOPTED OCTOBER 8,
1996
1. Motion-to waive the first reading of ORDINANCE #66 AN ORDINANCE
AMENDING THE BLACK HAWK COUNTY, IOWA, SUBDIVISION ORDINANCE
ADOPTED OCTOBER 8, 1996 as notice was published in the Waterloo Courier on
September 28, 2001 and copies were available for public inspection in the Black Hawk
County Auditor's Office, Room 213, and the Board of Supervisors Office, Room 203,
of the Black Hawk County Courthouse.
2. Motion-to close the hearing after oral/written comments are received.
3. Resolution-that said Ordinance#66 be approved.
I. 9:30 A.M. Hearing-Ordinance#67 AN ORDINANCE AMENDING THE BLACK
HAWK COUNTY CODE OF ORDINANCES CODIFIED FEBRUARY 2, 1999
1. Motion-to waive the first reading of Ordinance#67 AN ORDINANCE AMENDING
THE BLACK HAWK COUNTY CODE OF ORDINANCES CODIFIED FEBRUARY
2, 1999 as notice was published in the Waterloo Courier on September 28, 2001 and
copies were available for public inspection in the Black Hawk County Auditor's Office,
Room 213, and the Board of Supervisor's Office, Room 203, of the Black Hawk
County Courthouse.
2. Motion-to close the hearing after oral/written comments are received.
3. Resolution-that said Ordinance#67 be approved.
J. Motion-that the POSITION ACTION REQUEST for a Resident Counselor I
(permanent-- full-time)position submitted by Youth Shelter subject to the elimination
of 2 Resident Counselor I (permanent--part-time)positions be approved and to
authorize and direct the Chair to sign for same as approved.
K. Motion-that the PERSONNEL REQUISITION for Director of Nursing(permanent--
full-time) submitted by Country View be approved and the Chair is authorized and
directed to sign for same as approved.
L. Resolution-that the appointment of James J. Katcher as Assistant County Attorney be
approved effective October 3, 2001 and the Chair be directed to sign for same as
approved.
M. Motion-to gift to the city of Dunkerton the following unused excess county equipment:
three (3) green office chairs and two (2) tables.
OCTOBER 9, 2001 AGENDA
Page-4-
VIII. OTHER BUSINESS
N. Resolution-that in accordance with §425.3 of the Code of Iowa, the HOMESTEAD
CREDIT on 2001 valuations for taxes payable in 2002-2003 and/or 2002 valuations for
taxes payable in 2003-2004 be and are hereby allowed/disallowed as submitted by
Vicki Atkins, County Assessor.
O. Resolution-that in accordance with §427.6 of the Code of Iowa, the MILITARY
SERVICE TAX EXEMPTION on 2001 valuations for taxes payable in 2002-2003
and/or 2002 valuations for taxes payable in 2003-2004 be and are hereby
allowed/disallowed as submitted by Vicki Atkins, County Assessor.
P. Resolution-that the taxes due and payable of the person, including special assessments,
and rates or charges, including interest, fees, and costs, in accordance with the
provisions of§427.9 of the Code of Iowa, be suspended and that future property taxes
on property owned by the person will be suspended for such time as the person remains
the owner of the parcels, and during the period the person receives assistance as
described in §427.9 of the Code of Iowa.
Q. Resolution-that the DEWAR LAND LEASE between Black Hawk County(Landlord)
and David and Melissa Widdel (Tenants) for Lot No. 2 in Auditor Gibbs' Plat No. 1 in
Black Hawk County, Iowa except the West 65 feet thereof(formerly known as 6015 1"
Street, Dewar, IA) be approved effective October 1, 2001 through September 30, 2002
for a rental fee of one dollar($1.00) per year and the Chair be directed to sign for same
as approved.
R. For Discussion/Possible Board Action -- to consider the request of Dennis Knudson,
owner of The Bench Company to put park benches with advertising signs outside the
courthouse.
S. For Discussion/Possible Board Action--Terry Woolman, Account Representative for
MidAmerican Energy RE: "Hedging" for natural gas pricing for the winter months at
the Black Hawk County Jail, 225 E. 6th Street, Waterloo, IA
T. For Discussion/Possible Board Action--Richard King, County Engineer RE:Engine
Brake Ordinance
IX. RECEIVE PROJECT UPDATES, BOARD AND COMMITTEE REPORTS AND
OTHER COUNTY INFORMATION FROM DEPARTMENT HEADS/ELECTED
X. PUBLIC COMMENTS
Anyonemay address an ite»nthat is not on the agenda.. You are;limited to one°minute
and may speak one time. Ifadditional timers needed;please calltheaflrce at& 3-3003
to schedule
XI. ADJOURNMENT
., f :I
li i�l 112'E • L $ .1.
BOARD OF SUPERVISORS t ��. -wow OFFICE SUITES
BARBARA LEESTAMPER 833-3074 Courthouse.Room 203
LEON V.MOSLEY 833-3077 Telephone(3191 833-3003
BRIAN S.QUIRK 833-3076 BLACK HAWK COUNTY FAX(319)833-3070
MAGGIE STEWART 833-3075 316 EAST FIFTH STREET Julie Johnson
CRAIG WHITE 833-3078 WATERLOO, IOWA 50703 Administrative Assistant
Web site:www.co.black-hawk.ia.us E-mail:supervisors@co.black-hawk.ia.us Monica Smith
Administrative Aide
DURING THE WEEK OF OCTOBER 8
(The following is provided as courtesy information of coming events)
MONDAY, OCTOBER 8
TUESDAY, OCTOBER 9 9:00 A.M. Board of Supervisors Meeting
WEDNESDAY, OCTOBER 10
THURSDAY, OCTOBER 11
FRIDAY, OCTOBER 12
* * * * * * * * * *
FOR YOUR INFORMATION
Board of Supervisors meetings can be seen on WGAT-channel 15 in Waterloo at the following
times: Tuesday at 2:00 PM and 7:00 PM; Wednesday at 6:00 AM; Saturday at 9:30 AM and 5:00
PM and Sunday at 8:30 PM
Also, on CFCT-channel 15 in Cedar Falls: Tuesday at 10:00PM and Wednesday at 7:00AM and
12:00PM
* * * * * * * * * *
PLEASE NOTE BOARD OF SUPERVISORS AGENDA DEADLINE IS WEDNESDAY AT 4:00 P.M.
�,. =�cPe�xso�;'e.. �Aau �oznnneitfs�� °
Barbara Leestamper 833-3074 bleestamper@co.black-hawk.ia.us
Leon Mosley 833-3077 lmosley@co.black-hawk.ia.us
Brian Quirk 833-3076 bquirk@co.black-hawk.ia.us
Maggie Stewart 833-3075 mstewart@co.black-hawk.ia.us
Craig White 833-3078 cwhite@co.black-hawk.ia.us
Our web site is: www.co.black-hawk.ia.us
CITY'S COPY
STAIE OF IOWA )
) SS
COUNTY OF BLACK HAWK )
I, the undersigned County Auditor and County Commissioner of Elections of the
County of Black Hawk, Iowa, do hereby certify that as is shown by my records, the
attached paper ballot, marked Exhibit "A" is a duplicate of the paper ballots used by the
absentee and special voters in Waterloo, Iowa, covering the proposition submitted at the
election held in said political subdivision on October 2, 2001 for the public measure
therein submitted.
I further hereby certify that the card attached hereto and by this reference made a
party hereof, is marked Exhibit "B" and is a duplicate of the cards inserted in the voting
machines in each of the precincts using voting machines and used at said election for the
special public measure thereat submitted, and that the entire proposition was printed and
displayed prominently in at least,W places within the voting precinct, and-en-the
iefthand-rid . u„idethe-c rtairraf cacli voting said printing was in conformity
with the provisions of Chapter 49 of the Code of Iowa. The ballots used in said voting
machines were prepared in accordance with the provisions of Chapter 52 of the Code of
Iowa, and were printed on white colored paper on such size as fit the ballot frame.
Dated: October 9th , 2001.
W(11-r4-6k-21--P
County Auditor of Black Hawk County,
Iowa, and Commissioner of Elections
(County Seal)
•
Pet On.In,Nle OFFICIAL BALLOT ■
ZZa e-4 SPECIAL ELECTION•October 2,2001 ■
Black Hawk County City of Waterloo
Commiaaioner of Elections in the County of Black Hawk,State of Iowa ■
— NOTICE TO VOTERS: To vote to approve any question on this ballot,blacken the oval target•completely preceding the word"YES To vote against •
any question on this ballot,blacken the oval target ID completely proceeding the word"NO".
■
ri
QUESTION B ■
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? ■
O YES ■
O NO ■
— ENTIRE TEXT: "Shall the City of Waterloo, in the County of Black Hawk, State of Iowa, be authorized to establish a municipally-
t, owned cable communications or television system, telephone or telecommunications system (including video,voice, telephone, ■
data and all other forms of communications and cable communications) utility?"
■
QUESTION C ■
ami SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? •
O YES ■
O NO ■
- ENTIRE TEXT: "Shall the management and control of the municipally-owned cable communications or television system, ■
- telephone or telecommunications system (including video,voice, telephone, data and all other forms of communications and cable ■
mu communications) be placed in a Board of Trustees consisting of three (3) members?"
QUESTION D
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? ■
O YES ■
O NO ■
— ENTIRE TEXT: "Shall the City of Waterloo, in the County of Black Hawk, State of Iowa, issue its General Obligation Bonds in an '
t. amount not exceeding two million dollars ($2,000,000) for the purpose of constructing and equipping a fiber optic backbone ■
system of a municipal cable communication utility?"
•
•
•
■
MINI
•
IIIMI
' - ■
■
j ■
■
—
� M — I - - .
FRONT Card 2 SEQ#1
COUNTY AUDITOR
AND COMMISSIONER OF ELECTIONS
GRANT VEEDER
KYLE JENSSON-Elections Manager ELECTIONS AND VOTER REGISTRATION DIVISION Phone (319)833-3007
BLACK HAWK COUNTY Fax (319)833-3119
316 E.5Th STREET ROOM 210 E-mail election@co.black-hawk.ia.us
WATERLOO,IOWA 50703-4774
September 17, 2001
Nancy Eckert, City Clerk
Waterloo City Hall
715 Mulberry St
Waterloo IA 50703
Dear Nancy,
The enclosed list represents those precinct election officials who have been appointed
to serve at the special Waterloo municipal election to be held October 2, 2001.
Reserve precinct election officials may be added if voter activity exceeds our estimated
levels.
Please contact me if you have any questions.
Sincerely,
Kyle ensson
Elections Manager
Enc.
SPECIAL FIBER OPTICS ELECTION — OCTOBER 2, 2001
WATERLOO
WARD 1
Precinct 1
ST. ANDREW'S PRESBYTERIAN CHURCH, 1926 SAGER AV 50701
( D )JOAN KREINER (CH)
( D )JANICE DURNIL
( R )VIOLA ANDREASSEN
WARD 1
Precinct 2
JOHN DEERE COMMUNITY CREDIT UNION, 1927 ANSBOROUGH AV 50701 (LL)
( R )JACKIE BERGGREN (CH)
( D )PHYLLIS KOOB
( R )JOANNE LUBBERT
WARD 1
Precinct 3
PARKVIEW GARDENS NURSING & REHAB CENTER, 310 UPLAND DR 50701
( R )JUDINE FISCHER (CH)
( D )JUANITA BARGHAHN
( R )FLORENCE CAPPS
WARD 1
Precinct 4
HOOVER INTERMEDIATE SCHOOL, 630 HILLCREST RD 50701
( D )COLLEEN SEEBER (CH)
( D )MARY KELLY
( R )CAROLYN CULVER
WARD 1
Precinct 5
FAITH LUTHERAN CHURCH, 1555 W. RIDGEWAY AV 50701
( D )MARY LOU LEWIS (CH)
( R )DORIS NOTHNAGEL
( D )DONNA SMITH
WARD 1
Precinct 6
PILGRIM LUTHERAN CHURCH, 3815 ANSBOROUGH AV
( R )VELMA DESERANO (CH)
( R )ALICE PAVELEC
( D )DOROTHY DAVIS
WARD 2
Precinct 1
KINGSLEY SCHOOL, 201 SUNSET RD 50701
( R )JANET GRAY (CH)
( D )ROSEMARY RALSTON
( D )MAGGIE HEMMER
WARD 2
Precinct 2
WEST HIGH SCHOOL, RIDGEWAY AV & BALTIMORE ST 50701
( R )HELEN PRASKA (CH)
( D )BILL PRASKA
( D )VIRGINIA DIERCKS
WARD 2
Precinct 3
FREE METHODIST CHURCH, 1737 CORNWALL AV 50702
( R )ROSETTA HARMS (CH)
( R )LEO HOFFMAN
( D )ELEANOR KACHER
WARD 2
Precinct 4
FRIENDSHIP VILLAGE, 600 PARK LN 50702 (CHAPEL ENTRANCE)
( R )DREW EWING (CH)
( R )MARGURITE GRAHAM
( D )VAL MARTIN
WARD 2
Precinct 5
UNION PLANTERS BANK, 2532 CROSSROADS BLVD 50702
( D )ROSEMARY RIDGEWAY (CH)
( R )REX BOATMAN
( D )PAM VARNEY
WARD 2
Precinct 6
HAWKEYE COMMUNITY COLLEGE, HAWKEYE CENTER, 1501 E. ORANGE RD 50701
( R )PAUL MCDONALD (CH)
( D )WANDA HOLM
( D )PHYLLIS BOATMAN
WARD 3
Precinct 1
CONCORDIA LUTHERAN CHURCH, 1005 W PARKER ST 50703
.
( R )MARCELLA COOLING (CH)
( R )MARIAM EINFELT
( D )ADELAIDE CIGLAR
WARD 3
Precinct 2
#3 FIRE STATION, 222 W. DONALD ST 50703
( R )MARION KING (CH)
( D )ANNIE STEVENSON
( D )DOROTHY ROBINSON
WARD 3
Precinct 3
ST. PAUL UNITED METHODIST CHURCH, 207 W. LOUISE ST 50703
( R )JUDITH BAGENSTOS (CH)
( R )JANICE HOLMES
( D )CLAUDIA SILER
WARD 3
Precinct 4
NEW HOPE MISSIONARY BAPTIST CHURCH, 710 BROADWAY ST
( D )CAROL BRUNSON (CH)
( D )ROBERTA VEST
( R )JIM PENNE
WARD 3
Precinct 5
OUR SAVIORS LUTHERAN CHURCH, MAGNOLIA PKWY& HARWOOD DR 50701
( D )BEVERLY BUNN (CH)
( R )BILL BUNN
( D )EVELYN HONN
WARD 3
Precinct 6
ASCENSION LUTHERAN CHURCH, 2211 MAYNARD AV (LL) 50701
( R )ANNA ARMSTRONG (CH)
( D )LORNA NEIL
( D )MARILYN BALVANZ
WARD 4
Precinct 1
ST. MARY'S CATHOLIC CHURCH, 2127 E. 4TH ST (UL) 50703
( D )MARLYNE STEIMEL (CH)
( R )CHARLES SCHAEFER
( R )LUCILLE ATEN
WARD 4
Precinct 2
ANITIOCH BAPTIST CHURCH,426 SUMNER ST(UL) 50703
( D )DOUG CASTEEL (CH)
( R )BILL BLAKE
( D )ALICE COATS
WARD 4
Precinct 3
WATERLOO CITY HALL, 715 MULBERRY ST,(18T FLOOR CONFERENCE ROOM) 50703
( D )SY NADLER (CH)
( D )DELORES FALEY
( R )MARJORIE PATTERSON
WARD 4
Precinct 4
PINECREST, 1407 INDEPENDENCE AV (2ND FLOOR, ROOM 220)50703
( D )JOAN GLAZA (CH)
( R )KAREN HAHN
( D--)PAT DIRKSEN
WARD 4
Precinct 5
GRANT SCHOOL, 1224 MOBILE ST (GYM) 50703
( D )DEAN DIRKSEN (CH)
( D )ELIZABETH BURNSIDE
( R )EARLINE WILLIAMS
WARD 4
Precinct 6
TRI-COUNTY HEADSTART, (MAYWOOD SCHOOL) MILWAUKEE ST 50707
( R )CAROL ROBINSON (CH)
( R )HENRY THIES
( R )AGNES THIES
WARD 5
Precinct 1
WATERLOO RECREATION COMMISSION, 225 COMMERCIAL ST 50701
( D )RITA CUMMINGS (CH)
( D )KATHLEEN KEEFER
( R )HELEN THOMPSON
WARD 5
Precinct 2
FIRST BAPTIST CHURCH, W.4TN & BALTIMORE ST 50701
( R )DON RAINE (CH)
( D )DONNA YORDANOFF
( R )LENORA HAPPEL
WARD 5
Precinct 3
TRINITY AMERICAN LUTHERAN.CHURCH, W. 5TH &SOUTH ST (PRESCHOOL ENT)50701
( R )MARNA MALONE (CH)
( R )EDNA STEFFENS
( D )DOROTHY HOWARD
WARD 5
Precinct 4
SONS OF JACOB SYNAGOGUE, MITCHELL & VERMONT ST (LL) 50702
( R )DENISE KREMER (CH)
( D )DIANA LAUTERBACH
( R )JANET TROUPE
WARD 5
Precinct 5
ST. ANSGAR'S LUTHERAN CHURCH, 1122 W. 11T" ST 50702
( D)ROSIE RENNIE (CH)
( R )NANCY BLAKE
( D )NANCY ZIMMERMAN
WARD 5
Precinct 6
UAW HALL, 2615 WASHINGTON ST 50702
( R )JAMES GOERING (CH)
( D )BETTY CHRISTY
( R )MARY ODEKIRK
SEE_CJALPRECINCT FORSQE_CJALELE_CTION - OCTO_RER2, 2001
ABSENTEE COUNTING BOARD
COURT HOUSE
316 E 5TH ST
WATERLOO IA 50703
(D) FRANK ALEXANDER (CH)
(R) PATRICIA MULLENIX
(D) DONNA DENEUT
COUNTY AUDITOR
AND COMMISSIONER OF ELECTIONS
/a-ti GRANT VEEDER
Kl d ELECTIONS AND VOTER REGISTRATION DIVISION Phone (319)833-3007
&e- , (145- 0 BLACK HAWK COUNTY Fax (319)833-3119
316 E.5Th STREET ROOM 210 E-mailelection@co.black-hawk.ia.us
WATERLOO,IOWA 50703-4774
Augus ,
NANCY ECKERT, CITY CLERK
WATERLOO CITY HALL
715 MULBERRY
WATERLOO IA 50703
Dear Nancy:
In accordance with Iowa Code, Chapter 47.6, it is the duty of the Commissioner to give
written approval of the proposed date for any public measure unless it appears that the
special election would be a conflict with a regular election or with another special
election previously scheduled for that date.
Please consider this letter written approval of the proposal by the City of Waterloo to
submit to the qualified electors of the city the questions to consider a fiber optic
backbone & issue bonds at a special election to be held on Tuesday, October 2, 2001.
Sincerely,
VI,C_
Kyle Jensson `'
Elections Manager
APPROVAL.ADM
et, ,
Donna Cutler
From: Kutz Jeffrey R [KutzJeffreyR@JohnDeere.com]
Sent: Wednesday, September 05, 2001 11:31 AM
To: Triplett Michael S; 'Michael.Grothe@IBPinc.com; 'vadasso@midamerican.com';
'John.trebel@waterlooindustries.com; 'gary.bertch@bertch.com; 'egallagher@nelcomp.net';
'Dan.B.Watters@mercbcp.com; 'rick@youngphc.com'; 'benderrc@aol.com';
'jwalsh@vgm.com'; 'mayor@waterloo-ia.org'; 'va@vandewalle.com'; 'don.temeyer@waterloo-
ia.org'; 'mhuggins@vandewalle.com'; 'bob.koob@uni.edu'; 'rwpetersen@forbin.com;
'roger_neumann@rsmi.com'; 'egallagher@fairbank.net'; 'tea4@cornell.edu'
Cc: Fisher Pat L; 'mslaght@vandewalle.com'; 'mrabenberg@fairbank.net'
Subject: QUAD CITIES TIMES NEWS ARTICLE
Article from the Quad Cities Times
Vote for bond sale moved up
By Tom Saul/ QUAD-CITY TIMES
The loan of some "black boxes" that record ballots in voting machines will
allow a referendum affecting Davenport <http://www.qctimes.com>'s River
Renaissance downtown redevelopment project to be held much earlier than
first anticipated.
The referendum on the sale of $5 million in bonds to cover Scott County's
pledge to the project can be held Oct. 23, County Auditor Karen Fitzsimmons
said Tuesday. County supervisors are expected to approve the date next week.
Last week, when organizers of a petition drive turned in 11,277 signatures
to force a vote on the bond sale, she said the earliest date by which the
special election could be held was in December.
That put it well after a Nov. 8 deadline set by the Vision Iowa Board for
city and Davenport <http://www.gctimes.com>One officials to nail down local
funding for the $113 .5 million project. The board's $20 million award for
the project is conditioned on all other sources of money - including the $5
million from Scott County - being in place.
"We talked to our vendor and they offered to loan us enough black boxes to
hold a special election much sooner than we would have otherwise been able
to do it, " Fitzsimmons said.
Recording ballots placed in the boxes is crucial in case there is some
question about a vote count or a candidate asks for a recount. With seven
mayoral candidates on the ballot in an Oct. 9 Davenport
<http://www.qctimes.com> primary, Fitzsimmons expects a recount request.
Vision Iowa Board Chairman Michael Gartner has said it would be best to have
the election before the Nov. 8 deadline.
Tom White, one of the petition drive organizers, said he also would prefer
to see the referendum sooner rather than later.
"That 's what we went through all of this for. Now the people can speak and
(proponents) will have to explain this project a lot better and satisfy them
or they're dead in the water. "
Iowa law requires more than 60 percent of the vote to approve the bond
issue.
1
Dan Huber, the president and chief executive officer of Davenport
<http://www.gctimes.com>One, said Tuesday he did not know whether moving up
the vote's time-frame would benefit River Renaissance proponents, but it
will help the construction schedule. Some work is to get under way this
fall.
"We're confident the voters of Scott County are ready to say yes to this
exciting project and recognize what's at stake and are ready to move
forward, " he said. "What they're saying yes to is $20 million from the state
and moving forward with the one and only vision for our riverfront. "
Approval of the bonds sale would result in a countywide property tax
increase of $5.12 per year on a $100, 000 home.
Tom Saul can be contacted at
(563) 383-2453 or tsaul@qctimes.com <mailto:tsaul@qctimes.com>.
2
Received: 8/31 /01 12:17; 319 833 3119 -> BUILDING INSPECTIONS; Page 1
-; 08/31/01 11:35 BLACK HAWK CO. AUDITOR 3 CITY CLK WLOO NO.016 1;101
COUNTY AUDITOR
AND COMMISSIONER OF ELECTIONS
GRANT VEEDER
KYLE JENSSON-Elccdons Manager ELECTIONS AND VOTER REGISTRATION DIVISION Phone (319)1133-3007
BLACK HAWK COUNTY Fax (319)133-3119
316 E.STM STREET ROOM 210 E-mail election@coNack-hawk.ia.us
WATERLOO.IOWA 50703-4774
MEMO
August 31, 2001
TO: GARY HESSE, CEDAR FALLS CITY CLERK
NANCY ECKERT, WATERLOO CITY CLERK
JULIE PETERSEN, LA PORTE CITY, CITY CLERK
FROM: 4t-
KnE JENSSON, ELECTIONS MANAGER
SUBJECT_ ELECTION ORDER, CERTIFIED BY COMMISSIONER OF ELECTION,
PREPARED BY BONDING ATTORNEYS
Pursuant to the election orders, prepared by the bonding attorneys, requiring
certification by the County Commissioner of Elections, paragraph 4. states that "a copy
of the notice of election shall be submitted to the City Clerk of said City for approval
prior to publication".
Enclosed herewith is a copy of the County Commissioner's prepared notice in
accordance with the provisions of the Iowa Code, for your review. Our request to
publish has been submitted to the designated official newspapers and scheduled for
publication on Wednesday, September 12th, 2001.
Your approval is required before noon on Friday, September 7th, due to publication
deadline schedules.
If you have any questions, please contact me.
Received: 8/31 /01 12:17; 319 833 3119 -> BUILDING INSPECTIONS; Page 2
08/31/01 11:35 BLACK HAWK CO. AUDITOR 4 CITY CLK WLOO NO.016 1702
PUBLIC NOTICE IS HEREBY GIVEN to the qualified voters of the CITY OF WATERLOO, in the County of Black
Hawk, State of Iowa, that a Special Municipal Election will be held in the several election precincts of the City of Waterloo
on Tuesday, October 2, 2001,to consider three questions related to fiber optics. Questions 8 and C will require an
affirmative, simple majority vote for passage. Question D, to issue bonds, will require an affirmative, sixty percent(60%)
majority vote for passage.
Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given
assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent
of the voter's union.
Valid identification such as a Driver License, Non-Driver Identification card or Student Identification card(all showing a
color photograph and signature)will be required of voters who have moved from one voting precinct to another without
updating their voter registration record with the Commissioner of Elections at least eleven days in advance of said election.
FURTHER NOTICE IS HEREBY GIVEN in accordance with Chapter 49.53 of the Lowa Code that the commissioners duly
authorized agents shall examine and test the voting machines to be used at this election on Wednesday, September, 19,
2001,at 9:00 o'clock am. This certification, testing the voting machines for said election, is open to the public.
The polls for said election will be open from 7:00 am. until 8:00 p.m. on said date and In all precincts.
THE ENTIRE TEXT OF THE PROPOSED PUBLIC MEASURES ARE AS FOLLOWS;
QUESTION B 'Shall the City of Waterloo, in the County of Black Hawk,State of Iowa, be authorized to establish
a municipally-owned cable communications or television system,telephone or
telecommunications system(including video, voice,telephone,data and all other forms of
communications and cable communications) utility?"
QUESTION C °Shall the management and control of the municipally-owned cable communications or television
system,telephone or telecommunications system (including video, voice,telephone,data and all
other forms of communications and cable communications) be placed in a Board of Trustees
consisting of three(3)members?'
QUESTION 0 "Shall the City of Waterloo, in the County of Black Hawk,State of Iowa, issue Its General
Obligation Bonds In an amount not exceeding two million dollars($2,000,000)for the purpose of
constructing and equipping a fiber optic backbone system of a municipal cable communication
utility?"
THE POLLING PLACES FOR SAID ELECTION ARE AS FOLLOWS:
WARD 1
Pct 1 ST ANDREWS PRESBYTERIAN CHURCH, 1926 Sager Av
2 JOHN DEERE COMMUNITY CREDIT UNION, 1827 Ansborough Av(lower level)
3 PARKVIEW NURSING HOME, 310 Upland Dr
4 HOOVER MIDDLE SCHOOL, 630 Hillcrest Rd
5 FAITH LUTHERAN CHURCH, 1555 W Ridgeway Av
6 PILGRIM LUTHERAN CHURCH, 3815 Ansborough Av
WARD 2
Pct 1 KINGSLEY SCHOOL, 201 Sunset Rd
2 WEST HIGH SCHOOL, Ridgeway Av&Baltimore St
3 FREE METHODIST CHURCH, 1737 Cornwall Av
4 FRIENDSHIP VILLAGE, 600 Park Lane (Chapel Entrance)
5 UNION PLANTERS BANK 2532 Crossroads Bd
6 HAWKEYE COMMUNITY COLLEGE, Hawkeye Center(Round Bldg) 1501 E Orange Rd
Received: 8/31 /01 12:18; 319 833 3119 -> BUILDING INSPECTIONS; Page 3
`408/3"1/01 11:35 BLACK HAWK CO. AUDITOR 4 CITY CLK WL00 NO.016 P03
WARD 3
Pct 1 CONCORDIA LUTHERAN CHURCH, 1005 W Parker St
2 #3 FIRE STATION, 222 West Donald St
3 ST PAUL UNITED METHODIST CHURCH, 207 W Louise St
4 NEW HOPE MISSIONARY BAPTIST CHURCH, 710 Broadway St
5 OUR SAVIORS LUTHERAN CHURCH, Magnolia Parkway &Harwood Av
6 ASCENSION LUTHERAN CHURCH, 2211 Maynard Av (lower level)
WARD 4
Pct 1 ST MARY'S CATHOLIC CHURCH, 2127 E Fourth St(upper level)
2 ANTIOCH BAPTIST CHURCH, 426 Sumner St
3 WATERLOO CITY HALL, 715 Mulberry St(1°1 floor conference room)
4 PINECREST, 1407 Independence Av(2""floor conference room 220)
5 GRANT SCHOOL. 1224 Mobile St(gym)
6 TRI-COUNTY HEADSTART, 800 Milwaukee St
WARD 5
Pct 1 WATERLOO RECREATION COMMISSION, 225 Commercial St
2 FIRST BAPTIST CHURCH, W 4"& Baltimore St
3 TRINITY AMERICAN LUTHERAN CHURCH,W 4"8 South St(Preschool Entrance)
4 SONS OF JACOB SYNAGOGUE, Mitchell&Vermont St(lower level)
5 ST ANSGAR'S LUTHERAN CHURCH, 1122 W 11"St
6 UAW HALL 2615 Washington SI
I hereby certify that this is a correct copy of the sample ballot for all ballots to be voted at the Special Municipal Election to
be held October 2, 2001, in the City of Waterloo, Iowa.
Grant Veeder
Black Hawk County Auditor&
Commissioner of Elections
2224
•