MINUTES OF THE CANVASS OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
NOVEMBER 10, 1998
Chairperson Bolkcom called to order the Johnson County Board of Supervisors at 9:00 a.m. to act as a canvass board to certify the results of the General Election of November 3, 1998. Members present were: Joseph Bolkcom, Charles Duffy, Jonathan Jordahl, Stephen Lacina, and Sally Stutsman.
ABSTRACT OF VOTES
FOR THE OFFICE OF U.S. Senator, there were thirty-three thousand five hundred sixty-nine (33,569) votes cast as follows: Chuck Grassley received seventeen thousand nine hundred one (17,901) votes, David Osterberg received fifteen thousand one hundred thirty-eight (15,138) votes, Susan Marcus received three hundred forty-two (342) votes, Margaret Trowe received one hundred seventy-three (173) votes, and fifteen (15) votes were scattered.
FOR THE OFFICE OF U.S. Representative, 1st District, there were thirty-three thousand five hundred thirty-six (33,536) votes cast as follows: Bob Rush received sixteen thousand eight hundred twenty-seven (16,827) votes, Jim Leach received sixteen thousand one hundred ninety-three (16,193) votes, Charles Thurston received two hundred twenty-two (222) votes, Jeffrey M. Smith received two hundred seventy-three (273) votes, and twenty-one (21) votes were scattered.
FOR THE OFFICE OF Governor and Lieutenant Governor, there were thirty-three thousand seven hundred twenty-two (33,722) votes cast as follows: Tom Vilsack and Sally Pederson received twenty-two thousand five hundred forty-six (22,546) votes, Jim Ross Lightfoot and Almo Hawkins received ten thousand six hundred sixty-six (10,666) votes, Jim Hennager and Sue Atkinson received two hundred seventy-two (272) votes, Jim Schaefer and Lynn Waters received one hundred twenty-nine (129) votes, Mark Kennis and Lois Kennis received seventy-eight (78) votes, and thirty-one (31) votes were scattered.
FOR THE OFFICE OF Attorney General, there were thirty-two thousand four hundred sixty-six (32,466) votes cast as follows: Tom Miller received twenty-three thousand five hundred forty-four (23,544) votes, Mark Schwickerath received seven thousand nine hundred forty-six (7,946) votes, Nancy L. Watkins received nine hundred sixty-two (962) votes, and fourteen (14) votes were scattered.
FOR THE OFFICE OF Auditor of State, there were twenty-two thousand four hundred twenty-seven (22,427) votes cast as follows: Richard D. Johnson received seventeen thousand three hundred eighty-eight (17,388) votes, Ronn Young received two thousand six hundred ninety-two (2,692) votes, William W. Graff received two thousand two hundred sixty-eight (2,268) votes, and seventy-nine (79) votes were scattered.
FOR THE OFFICE OF Secretary of Agriculture, there were thirty-one thousand three hundred seventy-one (31,371) votes cast as follows: Patty Judge received nineteen thousand three hundred sixty-five (19,365) votes, Dan Brown received ten thousand seven hundred fifty-nine (10,759) votes, Edward L. Peak received three hundred six (306) votes, Samuel James received four hundred thirty-seven (437) votes, Ronald Tigner received four hundred eighty (480) votes, and twenty-four (24) votes were scattered.
FOR THE OFFICE OF Secretary of State, there were thirty-two thousand three hundred ninety-seven (32,397) votes cast as follows: Chet Culver received twenty thousand two hundred thirteen (20,213) votes, John Gilliland received ten thousand eight hundred four (10,804) votes, Sheryl G. Blue received eight hundred ninety-nine (899) votes, Daniel A. Swanson received four hundred sixty-five (465) votes, and sixteen (16) votes were scattered.
FOR THE OFFICE OF Treasurer of State, there were thirty-one thousand four hundred eighty-nine (31,489) votes cast as follows: Michael L. Fitzgerald received twenty thousand two hundred seven (20,207) votes, Joan Fitzpatrick Bolin received ten thousand five hundred forty-seven (10,547) votes, Michael A. Spivak received seven hundred twenty (720) votes, and fifteen (15) votes were scattered.
FOR THE OFFICE OF State Senator, 23rd District, there were twelve thousand seven hundred thirty (12,730) votes cast as follows: Joe Bolkcom received twelve thousand five hundred thirteen (12,513) votes, and two hundred seventeen (217) votes were scattered.
FOR THE OFFICE OF State Senator, 25th District, there were fourteen thousand fourty (14,040) votes cast as follows: Robert E. Dvorsky received nine thousand one hundred sixty-four (9,164) votes, Mary Louise Howard received four thousand eight hundred sixty-eight (4,868) votes, and eight (8) votes were scattered.
FOR THE OFFICE OF State Representative, 45th District, there were five thousand eight hundred thirty-five (5,835) votes cast as follows: Minnette Doderer received five thousand seven hundred (5,700) votes, and one hundred thirty-five (135) votes were scattered.
FOR THE OFFICE OF State Representative, 46th District, there were seven thousand four hundred fifty-one (7,451) votes cast as follows: Mary Mascher received seven thousand three hundred fifty-eight (7,358) votes, and ninety-three (93) votes were scattered.
FOR THE OFFICE OF State Representative, 47th District, there were one thousand one hundred eighty-seven (1,187) votes cast as follows: Barry Brauns received five hundred sixty-one (561) votes, Julie A. Gilmere received six hundred forty-two (642) votes, and four (4) votes were scattered.
FOR THE OFFICE OF State Representative, 49th District, there were seven thousand seven hundred sixty-three (7,763) votes cast as follows: Dick Myers received seven thousand six hundred seventy-three (7,673) votes, and ninety (90) votes were scattered.
FOR THE OFFICE OF State Representative, 50th District, there were four thousand one hundred (4,100) votes cast as follows: Ro Foege received two thousand one hundred seventy-three (2,173) votes, Lynn Schulte received one thousand nine hundred twenty-five (1,925) votes, and two (2) votes were scattered.
FOR THE OFFICE OF County Board of Supervisors (TWO to be elected) there were forty-three thousand one hundred ten (43,110) votes cast as follows:
Michael E. Lehman received twenty-one thousand two hundred eighty-seven (21,287) votes, Sally Stutsman received twenty-one thousand five hundred twenty (21,520) votes and Scattering received three hundred three (303) votes; and Michael E. Lehman and Sally Stutsman were elected.
FOR THE OFFICE OF County Treasurer there were twenty-four thousand four hundred eleven (24,411) votes cast as follows:
Thomas L. Kriz received twenty-four thousand one hundred eighty-one (24,181) votes and Scattering received two hundred thirty (230) votes; and Thomas L. Kriz was elected.
FOR THE OFFICE OF County Recorder there were thirty-two thousand four hundred fifty-eight (32,458) votes cast as follows:
Kim Painter received seventeen thousand twenty-three (17,023) votes, Joanne M. Stoner received fifteen thousand three hundred ninety (15,390) votes and Scattering received forty-five (45) votes; and Kim Painter was elected.
FOR THE OFFICE OF County Attorney there were twenty-four thousand two hundred seventy-nine (24,279) votes cast as follows:
J. Patrick White received twenty-three thousand six hundred eighty-three (23,683) votes and Scattering received five hundred ninety-six (596) votes; and J. Patrick White was elected.
FOR THE OFFICE OF Big Grove Township Clerk there were forty-five (45) votes cast as follows:
Fred Bark received two (2) votes, Mike Divoky received two (2) votes, DeWayne Klouda received nineteen (19) votes, Roy Smyth received two (2) votes, Steve Zmolek received two (2) votes and Scattering received eighteen (18) votes; and DeWayne Klouda was elected.
FOR THE OFFICE OF Big Grove Township Trustee (ONE to be elected) there were four hundred eighty-five (485) votes cast as follows:
Elmer J. Vanorny received four hundred eighty-two (482) votes and Scattering received three (3) votes; and Elmer J. Vanorny was elected.
FOR THE OFFICE OF Cedar Township Clerk there were one hundred ninety-three (193) votes cast as follows:
Randy Brannaman received one hundred ninety-three (193) votes: and Randy Brannaman was elected.
FOR THE OFFICE OF Cedar Township Trustee (ONE to be elected) there were one hundred fifty-nine (159) votes cast as follows:
Gene Greazel received one hundred fifty-nine (159) votes; and Gene Greazel was elected.
FOR THE OFFICE OF Clear Creek Township Clerk there were one hundred one (101) votes cast as follows:
Patricia Pirkl received one hundred one (101); and Patricia Pirkl was elected.
FOR THE OFFICE OF Clear Creek Township Trustee (ONE to be elected) there were one hundred (100) votes cast as follows:
Donald Pirkl received ninety-nine (99) votes and Scattering received one (1) vote; and Donald Pirkl was elected.
FOR THE OFFICE OF Clear Creek Township Trustee - To Fill a Vacancy (ONE to be elected) There were one hundred two (102) votes cast as follows;
D. Douglas Campbell received one hundred two (102) votes; and D. Douglas Campbell was elected.
FOR THE OFFICE OF East Lucas Township Clerk there were six (6) votes cast as follows:
Jay Christensen-Szalanski received two (2) votes, Wendy Hebl received one (1) vote, Jim Houghton received one (1) vote, Jim Lowe received one (1) vote, Todd Plath received one (1) vote; Jay Christensen-Szalanski was elected.
FOR THE OFFICE OF East Lucas Township Trustee (ONE to be elected) there were four (4) votes cast as follows:
Jay Christensen-Szalanski received one (1) vote, Chris Knapp received one (1) vote, Todd Plath received one (1) vote, and Roy Reese received one (1) vote; and Jay Christensen-Szalanski was elected as determined by lot according to Chapter 50.44 of the Code of Iowa, as amended.
FOR THE OFFICE OF Fremont Township Clerk there were five (5) votes cast as follows:
Gerald Forbes received one (1) vote, Keith Hotz received one (1) vote, Barbara Larpenter received one (1) vote, Gerald Morgan received one (1) vote and Ray Swanson received one (1) vote; and Barbara Larpenter was elected as determined by lot according to Chapter 50.44 of the Code of Iowa, as amended.
FOR THE OFFICE OF Fremont Township Trustee (ONE to be elected) there were ninety-one (91) votes cast as follows:
Gene A. Zdrazil received eighty-seven (87) votes and Scattering received four (4) votes; and Gene A. Zdrazil was elected.
FOR THE OFFICE OF Graham Township Clerk (ONE to be elected) there were twelve (12) votes cast as follows:
John Ernst received one (1) vote, Dwight Gardner received one (1) vote, Paul Hemingway received one (1) vote, Robert Lucas received one (1) vote, Carolyn Rhoades received one (1) vote, Shirley Skay received one (1) vote, Tom Wall received six (6) votes; and Tom Wall was elected.
FOR THE OFFICE OF Graham Township Trustee (ONE to be elected) there were eight (8) votes cast as follows:
Paul Hemingway received seven (7) votes and Scattering received (1) vote; and Paul Hemingway was elected.
FOR THE OFFICE OF Hardin Township Clerk (ONE to be elected) there were one hundred fifty-nine (159) votes cast as follows:
Wayne Geyer received one hundred fifty-eight (158) votes and Scattering received one (1) vote; and Wayne Geyer was elected.
FOR THE OFFICE OF Hardin Township Trustee (ONE to be elected) there were six (6) votes cast as follows:
Dan Downes received one (1) vote, Charles Gartzke received one (1) vote, Rose Hayslett received one (1) vote, James Rohret received one (1) vote, Orval Yoder received two (2) votes; and Orval Yoder was elected.
FOR THE OFFICE OF Hardin Township Trustee - To Fill a Vacancy (ONE to be elected) There were one hundred seventy (170) votes cast as follows:
Lyle F. Crow received one hundred seventy (170) votes; and Lyle F. Crow was elected.
FOR THE OFFICE OF Jefferson Township Clerk (ONE to be elected) there were six hundred forty-six (646) votes cast as follows:
Diane M. Bys received six hundred forty-three (643) votes and Scattering received three (3) votes; and Diane M. Bys was elected.
FOR THE OFFICE OF Jefferson Township Trustee (ONE to be elected) there were six hundred forty-five (645) votes cast as follows:
Bernard Marak received six hundred forty (640) votes and Scattering received five (5) votes; and Bernard Marak was elected.
FOR THE OFFICE OF Liberty Township Clerk (ONE to be elected) there were one hundred twenty-six (126) votes cast as follows:
George Birrer received one hundred twenty-five (125) votes and Scattering received one (1) vote; and George Birrer was elected.
FOR THE OFFICE OF Liberty Township Trustee (ONE to be elected) there were one hundred thirty-three (133) votes cast as follows:
Paul Jedlicka received one hundred thirty-three (133) votes; and Paul Jedlicka was elected.
FOR THE OFFICE OF Lincoln Township Clerk (ONE to be elected) there were twelve (12) votes cast as follows:
Charles Donham received ten (10) votes and Carol DeProsse received two (2) votes; and Charles Donham was elected.
FOR THE OFFICE OF Lincoln Township Trustee (ONE to be elected) there were seventy-nine (79) votes cast as follows:
Marvin Hotz received seventy-nine (79) votes; and Marvin Hotz was elected.
FOR THE OFFICE OF Madison Township Clerk (ONE to be elected) there were one hundred forty (140) votes cast as follows:
Ivan L. Walker received one hundred thirty-nine (139) votes and Scattering received (1) vote; and Ivan L. Walker was elected.
FOR THE OFFICE OF Madison Township Trustee (ONE to be elected) there were one hundred forty (140) votes cast as follows:
Kenneth L. Swenka received one hundred forty (140) votes; and Kenneth L. Swenka was elected.
FOR THE OFFICE OF Monroe Township Clerk (ONE to be elected) there were one hundred seventy-nine (179) votes cast as follows:
Walter J. Plotz received one hundred seventy-eight (178) votes and Scattering received one (1) vote; and Walter J. Plotz was elected.
FOR THE OFFICE OF Monroe Township Trustee (ONE to be elected) there were one hundred fifty-one (151) votes cast as follows:
Jack Lowe received one hundred forty-nine (149) votes, and Scattering received two (2) votes; and Jack Lowe was elected.
FOR THE OFFICE OF Newport Township Clerk (ONE to be elected) there were six hundred forty (640) votes cast as follows:
Elmer L. Hahn received six hundred thirty-seven (637) votes and Scattering received three (3) votes; and Elmer L. Hahn was elected.
FOR THE OFFICE OF Newport Township Trustee (ONE to be elected) there were six hundred six (606) votes cast as follows:
Gerry Gogel received five hundred ninety-eight (598) votes, and Scattering received eight (8) votes; and Gerry Gogel was elected.
FOR THE OFFICE OF Newport Township Trustee - To Fill a Vacancy (ONE to be elected) There were five hundred ninety-six (596) votes cast as follows:
Susan Haman Uthoff received five hundred ninety-six (596) votes; and Susan Haman Uthoff was elected.
FOR THE OFFICE OF Oxford Township Clerk (ONE to be elected) there were two hundred sixteen (216) votes cast as follows:
Kenneth G. Grauer received two hundred fifteen (215) votes and Scattering received one (1) vote; and Kenneth G. Grauer was elected.
FOR THE OFFICE OF Oxford Township Trustee (ONE to be elected) there were two hundred twenty-one (221) votes cast as follows:
Vincent Grabin received two hundred twenty-one (221) votes; and Vincent Grabin was elected.
FOR THE OFFICE OF Penn Township Clerk (ONE to be elected) there were twenty-five (25) votes cast as follows:
Joan Belknap received ten (10) votes and Scattering received fifteen (15) votes; and Joan Belknap was elected.
FOR THE OFFICE OF Penn Township Trustee (ONE to be elected) there were twenty (20) votes cast as follows:
Dennis Fulwider received two (2) votes, Pat Novak received two (2) votes and Scattering received sixteen (16) votes, and Pat Novak was elected as determined by lot according to Chapter 50.44 of the Code of Iowa, as amended.
FOR THE OFFICE OF Pleasant Valley Township Clerk (ONE to be elected) there were seventy-one (71) votes cast as follows;
Eldon Fouchek received seventy-one (71) votes; and Eldon Fouchek was elected.
FOR THE OFFICE OF Pleasant Valley Township Trustee (ONE to be elected) There were seventy-five (75) votes cast as follows;
William D. Eden received seventy-five (75) votes; and William D. Eden was elected.
FOR THE OFFICE OF Scott Township Clerk (ONE to be elected) there were three hundred ninety (390) votes cast as follows:
Henrietta Miller received three hundred eighty-four (384) votes and Scattering received six (6) votes; and Henrietta Miller was elected.
FOR THE OFFICE OF Scott Township Trustee (ONE to be elected) there were four hundred thirty-four (434) votes cast as follows:
Robert J. Arn received four hundred thirty-four (434) votes; and Robert J. Arn was elected.
FOR THE OFFICE OF Sharon Township Clerk (ONE to be elected) there were one hundred seventy-three (173) votes cast as follows:
Donald G. Yoder received one hundred seventy-one (171) votes and Scattering received two (2) votes; and Donald G. Yoder was elected.
FOR THE OFFICE OF Sharon Township Trustee (ONE to be elected) there were one hundred fifty-two (152) votes cast as follows:
Lloyd Meyer received one hundred forty-seven (147) votes and Scattering received five (5) votes; and Lloyd Meyer was elected.
FOR THE OFFICE OF Sharon Township Trustee - To Fill a Vacancy (ONE to be elected) There were one hundred forty (140) votes cast as follows;
Cathie Stutsman Berglund received one hundred thirty-nine (139) votes and Scattering received one (1) vote; and Cathie Stutsman Berglund was elected.
FOR THE OFFICE OF Union Township Clerk (ONE to be elected) there were two hundred twenty-eight (228) votes cast as follows:
Roger Hurt received two hundred twenty-six (226) votes and Scattering received two (2) votes; and Roger Hurt was elected.
FOR THE OFFICE OF Union Township Trustee (ONE to be elected) there were two hundred twenty-seven (227) votes cast as follows:
Vernon Brogla received two hundred twenty-four (224) votes and Scattering received three (3) votes; and Vernon Brogla was elected.
FOR THE OFFICE OF Washington Township Clerk (ONE to be elected) there were one hundred ninety (190) votes cast as follows:
Gary Hochstedler received one hundred eighty-six (186) votes and Scattering received four (4) votes; and Gary Hochstedler was elected.
FOR THE OFFICE OF Washington Township Trustee (ONE to be elected) there were one hundred seventy (170) votes cast as follows:
Deon Bender received one hundred sixty-eight (168) votes and Scattering received two (2) votes; and Deon Bender was elected.
FOR THE OFFICE OF West Lucas Township Clerk (ONE to be elected) there were one hundred fifty (150) votes cast as follows:
Fremont Isaacs received one hundred forty-eight (148) votes and Scattering received two (2) votes; and Fremont Isaacs was elected.
FOR THE OFFICE OF West Lucas Township Trustee (ONE to be elected) there were one hundred sixty-six (166) votes cast as follows:
Kenneth R. Smalley received one hundred sixty-four (164) votes and Scattering received two (2) votes; and Kenneth R. Smalley was elected.
FOR THE OFFICE OF West Lucas Township Trustee - To Fill a Vacancy (ONE to be elected) There were one hundred twenty-four (124) votes cast as follows;
Charles Lindemann received one hundred twenty-three (123) votes and Scattering received one (1) vote; and Charles Lindemann was elected.
FOR THE OFFICE OF East Central Regional Library Trustee (One to be elected) there were five hundred forty-five (545) votes cast as follows:
Robert S. Finlayson received thirty-seven (37) votes, Erin McCrosky received seven (7) votes, Ed Zastrow received seven (7) votes and Scattering received four hundred ninety-four (494) votes.
FOR THE OFFICE OF Soil and Water Conservation Board (TWO to be elected) there were thirty-five thousand eight hundred thirty-one (35,831) votes cast as follows:
Ralph W. Altmaier received five thousand eight hundred forty-two (5,842) votes, Cindy Asmussen received seven thousand nine hundred seventy-five (7,975) votes, Doug Darrow received four thousand one hundred twenty (4,120) votes, Joanne G. Neuzil received ten thousand four hundred forty-nine (10,449) votes, Paul T. Neuzil received seven thousand three hundred twenty-five (7,325) votes and Scattering received one hundred twenty (120) votes; and Cindy Asmussen and Joanne G. Neuzil were elected.
FOR THE OFFICE OF Agricultural Extension Council Member (FIVE to be elected) there were sixty-four thousand five hundred sixty-three (64,563) votes cast as follows:
Bill Englert received twelve thousand eight hundred thirty-nine (12,839) votes, Gregory Finger received eleven thousand five hundred forty-five (11,545) votes, Jane Evans Gay received fourteen thousand ninety-two (14,092) votes, Pam Loan received thirteen thousand four hundred twenty-eight (13,428) votes, Bill Terry received twelve thousand four hundred ninety-eight (12,498) votes, and Scattering received one hundred sixty-one (161) votes; and Bill Englert, Gregory Finger, Jane Evans Gay, Pam Loan and Bill Terry were elected.
On the question "Shall the following amendment to the constitution be adopted:
Section 1 of Article I of the Constitution of the State of Iowa is amended to read as follows [new language is underlined]: "RIGHTS OF PERSONS. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.", there were twenty-nine thousand nine hundred thirty-two (29,932) votes cast as follows: twenty-six thousand forty (26,040) votes were cast in favor of the amendment and three thousand eight hundred ninety-two (3,892) votes were cast against.On the question "Shall the following amendment to the constitution be adopted:
Section 11, unnumbered paragraph 1, Article I of the Constitution of the State of Iowa is amended to read as follows [new language is underlined, deleted language is crossed out]: "All
On the question, "Shall the following Public Measure Be Adopted," ORDINANCE NO. 98-855
AN ORDINANCE GRANTING A NONEXCLUSIVE CABLE TELEVISION FRANCHISE TO McLEODUSA TELECOMMUNICATIONS SERVICES, INC., d/b/a McLEODUSA ATS.
WHEREAS, in July of 1998, the City received a request from McLeodUSA Telecommunications Services, Inc., d/b/a/ McLeodUSA ATS ("McLeod") to grant it a competitive cable television franchise that would authorize it to offer cable television services in the City; and
WHEREAS, McLeodUSA, Incorporated, is the 100% owner of McLeod; and
WHEREAS, the federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (collectively, "the Cable Act") states that a franchising authority shall not unreasonably withhold its consent to a competitive cable television franchise; and
WHEREAS, the Cable Act states that a franchising authority may seek adequate assurances of a cable operator's legal, technical and financial qualifications, and ability to provide appropriate public, education, and government access capacity and support, before granting a cable television franchise; and
WHEREAS, the City has reviewed the legal, technical, and financial qualifications of McLeod and McLeodUSA, Incorporated, to operate a cable system in the City and determined that McLeod has the legal, technical and financial qualifications to operate a cable system, if a parent company guarantee is obtained from McLeodUSA, Incorporated; and
WHEREAS, the City Council of the City of Coralville, Johnson County, Iowa, does hereby grant to McLeod a nonexclusive cable television franchise in the City of Coralville, conditioned upon the following:
Final approval of this Ordinance by the citizens of the City of Coralville via election this upcoming November, 1998; and (b) receipt of the following:
McLeod's execution of the Franchise Agreement with the City attached hereto as Exhibit A and incorporated by this reference;
Execution by McLeodUSA, Incorporated, of the Parent Company Agreement that is attached hereto as Exhibit B and incorporated by this reference; and
McLeod's full compliance with the formal application processes as set forth in Chapter 114/Cable Television Regulations of the Coralville Code of Ordinances (1993), as amended.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF CORALVILLE, JOHNSON COUNTY, IOWA, THAT THE CITY OF CORALVILLE CODE OF ORDINANCES (1993) IS HEREBY AMENDED AS FOLLOWS:
Section 1. Amendment. This Ordinance, including that certain Cable Television Franchise Agreement by and between the City of Coralville and McLeodUSA Telecommunications Services, Inc., d/b/a McLeodUSA ATS, the same being attached hereto as Exhibit A, shall be added and inserted into the Coralville Code of Ordinances (1993), as amended, as Chapter 113.
Section 2. Conflicts. All ordinances or parts of ordinances not specifically provided for and in conflict with the provisions of this ordinance are hereby repealed.
Section 3. Adjudication. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in full force and effect after its passage, approval and publication as required by law.",
there were three thousand six hundred fifty-five (3,655) votes cast as follows: three thousand two hundred nine (3,209) votes were cast in favor of the amendment and four hundred forty-eight (448) votes were cast against.
On the question, "Shall the following Public Measure Be Adopted,"
ORDINANCE NO. 98-3848
AN ORDINANCE AWARDING A FRANCHISE FOR CABLE TELEVISION TO McLeodUSA ATS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA:
SECTION I. PURPOSE. The purpose of this ordinance is to award a franchise for cable television to McLeodUSA ATS.
SECTION II. ENACTMENT. McLeodUSA ATS is hereby granted a non-exclusive franchise to operate a cable television system within the City of Iowa City in accordance with Title 12, Chapter 4 of the City Code of Iowa City which established standards, regulations and procedures for the granting of a broadband telecommunications franchise and the rules and regulations adopted by the Iowa City Broadband Telecommunications Commission, all ordinances of the City of Iowa City, the franchise agreement between the City of Iowa City and McLeodUSA ATS, and all applicable rules and regulations of the Federal Communications Commission and the State of Iowa.
SECTION III. DURATION OF FRANCHISE. The franchise shall continue in full force and effect for a term of ten (10) years from its effective date.
SECTION IV. EFFECTIVE DATE. This ordinance shall not become finally effective until the franchise is approved by a majority of voters at the next regular election, and until the grantee executes a franchise agreement with the City of Iowa City and files an acceptance in writing with the City Council of Iowa City and payment of the costs, including election costs, as provided in Title 12, Chapter 4 of the City Code.
SECTION V. ORDINANCES REPEALED. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. .",
there were fifteen thousand eight hundred fifty-seven (15,857) votes cast as follows: thirteen thousand five hundred eighty-four (13,584) votes were cast in favor of the amendment and two thousand two hundred seventy-three (2,273) votes were cast against.
On the question "Shall the following Supreme Court Justice be retained in office?": K. David Harris received fourteen thousand three hundred fifty-one (14,351) votes in favor of retention, four thousand one hundred nineteen (4,119) opposed.
On the question "Shall the following Court of Appeals Judges be retained in office?": Michael J. Streit received fourteen thousand three hundred thirty-three (14,333) votes in favor of retention, four thousand two hundred eighty-five (4,285) opposed; Gayle Vogel received fourteen thousand eight hundred eighty-seven (14,887) votes in favor of retention, four thousand one hundred sixty-seven (4,167) opposed; and Robert E. Mahan received fourteen thousand two hundred five (14,205) votes in favor of retention, four thousand four hundred forty-three (4,443) opposed.
On the question "Shall the following District Court Judges be retained in office?": Thomas M. Horan received fourteen thousand three hundred twenty-two (14,322) votes in favor of retention, four thousand three hundred sixty-six (4,366) opposed; Van D. Zimmer received fourteen thousand two hundred fourteen (14,214) votes in favor of retention, four thousand three hundred eighty (4,380) opposed; Lynne E. Brady received fifteen thousand one hundred sixty-seven (15,167) votes in favor of retention, four thousand two hundred eighty-nine (4,289) opposed; and August E. Honsell received fourteen thousand one hundred ninety-nine (14,199) votes in favor of retention, four thousand seven hundred thirty-one (4,731) opposed.
On the question "Shall the following District Court Associate Judges be retained in office?": Sylvia A. Lewis received sixteen thousand nineteen (16,019) votes in favor of retention, three thousand nine hundred thirteen (3,913) opposed; and Jane F. Spade received fourteen thousand eight hundred sixty three (14,863) votes in favor of retention, three thousand nine hundred ninety five (3,995) opposed.
Motion by Lacina, second by Duffy, to approve the results of the General Election of November 3, 1998. Roll call: aye: Jordahl, Stutsman, Bolkcom, Lacina, Duffy.
Adjourned at 9:15 a.m.
Joe Bolkcom, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Parkins, Recording Secretary