Regular Meeting

August 9, 2005

 

The Board of Supervisor met in Session on the above date with the following members present: Magnusson, Gill, Nolting, Condon and Lizer. 

 

Moved by Nolting, seconded by Gill to approve minutes of August 2, 2005 meeting. Motion carried unanimously.

 

Moved by Gill, seconded by Lizer to receive and place on file termination of Crystal Stanley, Part-time Jailer, effective August 2, 2005.  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve salary increase for Shane Simonson, Part-time Jailer to $10.86 per hour, effective August 2, 2005.  Motion carried unanimously.

 

Moved by Condon, seconded by Nolting to approve and authorize Chair to sign Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program FFY04 Contract Notice.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Nolting, seconded by Gill to approve and authorize chair to sign utility permit from MidAmerican Energy to extend overhead electric lines along the south side of 220th Street in Northwest Quarter of Section 1, Fulton Township for alternate feed due to bridge construction on Hayes Avenue.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Gill, seconded by Lizer to approve and authorize chair to sign utility permit from Frontier Communications to replace telephone cable on the north side of 230th Street in Section 2, Elkhorn Township.  (Copy on file in Engineer’s office).  Motion carried unanimously.

 

Moved by Lizer, seconded by Condon to approve Resolution to temporarily close 160th Street on July 18, 2005 to August 4, 2005 between Oates and Paragon Avenues for repair of bridge backwall.  Motion carried unanimously.

 

Moved by Condon, seconded by Nolting to approve Resolution to temporarily close 200th Street on August 1, 2005 to August 3, 2005 between Johnson and Hayes Avenue for railroad repair by Union Pacific.  Motion carried unanimously.

 

Moved by Nolting, seconded by Gill to approve Resolution to temporarily close Route D26 on August 2, 2005 from Route P29 in Webster County to Zearing Avenue in Calhoun County and designate a detour route for bridge replacement project in Calhoun County.

 

RESOLUTION

 

WHEREAS, Board of Supervisors are empowered under authority of Sections 321.236, 321.255 and 321.345 of the Code of Iowa to regulate highways under their jurisdiction, as deemed necessary, and

 

WHEREAS, Project BRS-CO13(63)—60-13 involves a bridge replacement on Route D26 (230th Street) in Calhoun County just west of the Calhoun and Webster County Line, which requires a portion of Route D26 (230th Street) to be temporarily closed from the junction of Route P29 (Baxter Avenue) in Webster County west two miles to the junction of Zearing Avenue in Calhoun County and a detour to be designated in Calhoun and Webster Counties, and

 

WHEREAS, the County Engineer is authorized on behalf of the Board of Supervisors to execute the above requirements until such time as a formal resolution can be executed by the Board of Supervisors,

 

WHEREAS, Calhoun County is responsible to furnish, erect and maintain barricades, signs and safety closures to temporary close Route D26 and establish the detour route,

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Calhoun and Webster Counties that the following roads be designated as a detour route:

 

“From the junction of Route D26 (230th Street) and Route P29 (Baxter Avenue), thence South approximately one mile on Route P29 (Baxter Avenue) to the junction of 240th Street; thence West approximately two miles on 240th Street to the junction of Zearing Avenue; thence North approximately one mile on Zearing Avenue to the junction of Route D26 (230th Street).”

 

BE IT FURTHER RESOLVED that the traffic control devices for the aforementioned road closure and detour route were established in the field at 11:00 A.M, Tuesday, August 2, 2005 and shall continue for the duration of said construction project.

 

PASSED AND APPROVED this 9th day of August, 2005.

 

Webster County Board of Supervisors                                                            ATTEST:

 

S/Floyd A. Magnusson, Chairman                                                                   S/Carol Messerly Webster County Auditor

 

PASSED AND APPROVED this 9th day of August, 2005.

 

Calhoun County Board of Supervisors                                                            ATTEST:

 

S/Larry Hood, Chairman                                                                                     S/Judy Howrey, Calhoun County Auditor

 

Motion carried unanimously.

 

Moved by Gill, seconded by Lizer to adopt the following Resolution

 

RESOLUTION TO VACATE ROAD AND REVERSION FOR TAXATION

 

WHEREAS, a public hearing was held at 10:30 A.M. on August 2, 2005 in the Supervisors Room of the Webster County Courthouse in Fort Dodge, Iowa, to consider the vacation of following described road:

 

A road 66.0 feet wide extending 33.0 feet on each side of the centerline described as follows:  Commencing at a point 8.0 feet North and 571.0 feet due East of the West One-Quarter (W1/4) Corner of Section 34, Township 89 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South 1° 12’ East 867.0 feet; thence South 6° 53’ East 730.9 feet; thence South 2° 11’ East 1298.7 feet to intersect that part of the road known as “The Maher Road” running on and along the line between Sections 5 and 6, Township 88 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South along the Maher Road on the line between said Sections 5 and 6, terminating on the North Bank of the Des Moines River.

 

WHEREAS, a resolution to close, but not vacate, said road was passed by the Webster County Board of Supervisors on October 29, 1968, and

 

WHEREAS, said road has not been used or maintained since above mentioned date, and

 

WHEREAS, United States Gypsum Company, as an abutting land owner, has requested vacation of said road to recover existing gypsum reserves, and

 

WHEREAS, said road and adjacent property are planned for inclusion in a large scale off-highway vehicle park, and

 

WHEREAS, said road is not needed as an access for the off-highway vehicle park, and

 

WHEREAS, the Webster County Board of Supervisors has determined that said road is no longer needed for road purposes and should be vacated, and

 

WHEREAS, a letter dated August 1, 2005 was received from Bert E. Deal objecting, but not claiming any specified damage, to the road be vacated and closed, and

 

WHEREAS, it has been determined that Bert E Deal does not have an occupied homestead located on the abutting land and the vacating and closing of said road will not landlock his abutting land, and

 

WHEREAS, a letter dated July 15, 2005 was received from MidAmerican Energy requesting an easement for the portion of the right-of-way where their existing gas main is located, and

 

WHEREAS, Iowa Code Section 478.17 assures utility companies of reasonable access and Iowa Code Section 479.24 gives pipeline companies the right of eminent domain,

 

NOW THEREFORE BE IT RESOLVED, that the Webster County Board of Supervisors hereby vacates and closes the following described parcel of road right of way, subject to the right of utilities to continue in possession of any easement existing at the time of the vacation.

 

A road 66.0 feet wide extending 33.0 feet on each side of the centerline described as follows:  Commencing at a point 8.0 feet North and 571.0 feet due East of the West One-Quarter (W1/4) Corner of Section 34, Township 89 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South 1° 12’ East 867.0 feet; thence South 6° 53’ East 730.9 feet; thence South 2° 11’ East 1298.7 feet to intersect that part of the road known as “The Maher Road” running on and along the line between Sections 5 and 6, Township 88 North, Range 28 West of the Fifth Principal Meridian, Webster County, Iowa; thence South along the Maher Road on the line between said Sections 5 and 6, terminating on the North Bank of the Des Moines River.

 

BE IT FURTHER RESOLVED that pursuant to Iowa Code Section 306.14, the Webster County Board of Supervisors rejects any objection or claim for damages, since an occupied homestead is not located on the abutting land and the vacating and closing of said road will not landlock the abutting land.

 

ADOPTED AND APPROVED this 9th day of August, 2005

 

Webster County Board of Supervisors

 

S/Floyd A. Magnusson, Chairperson

 

ATTEST:

 

S/Carol Messerly, Webster County Auditor

 

Roll call vote:  Ayes – all. Nays – None.  Motion carried unanimously.

 

At 10:45a.m. a Joint Telephone Meeting with Calhoun County for Drainage Ditch Spraying Contract. For further particulars, see Drainage Record Book.

 

Moved by Gill, seconded by Lizer to allow claims.  Motion carried unanimously.

 

Moved and seconded the meeting adjourned.