Minutes - 6/9/2009

JUNE 9, 2009—TWENTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, June 9, 2009 at 9:00 a.m. Board members present were Clausen, Monson, Smith, and Walish; Boykin was absent. Staff members present were Karen James, Board Administrative Coordinator, and Victoria L. Ritz, Deputy/Clerk to the Board.

The Claims were approved as presented. Copy filed.

Board of Supervisors meeting was called to order.

Motion by Monson second by Smith to approve the Board minutes of the 06/02/2009 meeting as submitted. Carried 4-0. Copy filed.

The Board approved the promotion of Jerry J. Saltzman, Lead Custodian, Building Services Dept., $13.01/hour, effective 06/10/2009. In-house posting 04/21/2009. Per AFSCME Courthouse contract, from Grade 1, Step 2 to Grade 2, Step 3. Copy filed.

Jack Lipovac, representing HR-One Source, gave a presentation to the Board regarding employee worked hours documentation.

Motion by Monson second by Smith to approve and authorize the Chairman to sign a “Certificate of Completion” form for project #L-B05(3)—73-97, Correctionville Road box culvert and drop inlet, per recommendation of County Engineer Mark Nahra. Carried 4-0.

Motion by Monson second by Walish to approve and authorize the Chairman to sign an “Application for Use of Highway Right-of-Way for Underground Tile Line Facility” request submitted by Lundell Construction Company and Brian Ashley. Carried 4-0. Copy filed.

Motion by Monson second by Smith to approve and authorize the Chairman to sign a Resolution levying special assessment of $1,000.00 for the Bennett-McDonald Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,565
BENNETT-MCDONALD DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Bennett-McDonald Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Bennett-McDonald Drainage District, that a special tax and/or assessment in the sum of $ 1,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Monson to approve and authorize the Chairman to sign a Resolution levying special assessment of $500.00 for the Hackley Lateral Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,566
HACKLEY LATERAL DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Hackley Lateral Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Hackley Lateral Drainage District, that a special tax and/or assessment in the sum of $ 500 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
HACKLEY LATERAL DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Monson to approve and authorize the Chairman to sign a Resolution levying special assessment of $1,500.00 for the Orton Slough Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,567
ORTON SLOUGH DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Orton Slough Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Orton Slough Drainage District, that a special tax and/or assessment in the sum of $ 1,500 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Smith second by Monson to approve and authorize the Chairman to sign a Resolution levying special assessment of $5,000.00 for the Smithland Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,568
SMITHLAND DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Smithland Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies, and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Smithland Drainage District, that a special tax and/or assessment in the sum of $ 5,000 be levied against all the tracts of land, lots, railroad companies, and public highways within said Drainage District and same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
SMITHLAND DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution levying special assessment of $0.00 for the Smoky Hollow Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,569
SMOKY HOLLOW DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Smoky Hollow Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Smoky Hollow Drainage District, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
SMOKEY HOLLOW DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT

WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Smith second by Walish to approve and authorize the Chairman to sign a Resolution levying special assessment of $5,000.00 for the Upper Wolf Creek Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,570
UPPER WOLF CREEK DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Upper Wolf Creek Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Upper Wolf Creek Drainage District, that a special tax and/or assessment in the sum of $ 5,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD O SUPERVISORS
Copy filed.

Motion by Walish second by Monson to approve and authorize the Chairman to sign a Resolution levying special assessment of $500.00 for the Weber Creek Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,571
WEBER CREEK DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Weber Creek Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Weber Creek Drainage District, that a special tax and/or assessment in the sum of $ 500 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Monson second by Walish to approve and authorize the Chairman to sign a Resolution levying special assessment of $2,000.00 for the Wolf Creek Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,572
WOLF CREEK DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Drainage District of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Drainage District, that a special tax and/or assessment in the sum of $ 2,000 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Smith second by Walish to approve and authorize the Chairman to sign a Resolution levying special assessment of $12,000.00 for Wolf Creek Pump Sub-District 2 Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,573
WOLF CREEK PUMPING DISTRICT #2
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Pumping District #2 of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies, and public highways within the boundaries of the said Pumping District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Pumping District #2, that a special tax and/or assessment in the sum of $ 12,000 be levied against all the tracts of land, lots, railroad companies, and public highways within said Pumping District and same to be in the same ratio and upon the same classification as heretofore established,
adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect
said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Walish second by Smith to approve and authorize the Chairman to sign a Resolution levying special assessment of $3,000.00 for Wolf Creek Pump Sub-District 3 Drainage District for fiscal year 2009-2010, per recommendation of the County Engineer. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,574
WOLF CREEK PUMPING DISTRICT #3
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE
TO THE COUNTY AUDITOR OF WOODBURY COUNTY, IOWA

WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Pumping District #3 of Woodbury County, Iowa; and

WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies, and public highways within the boundaries of the said Pumping District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Pumping District #3, that a special tax and/or assessment in the sum of $ 3,000 be levied against all the tracts of land, lots, railroad companies, and public highways within said Pumping District and same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.

BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.

DATED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Board discussed the re-zoning request with Planning and Zoning Administrator John Pylelo.

John Pylelo presented the Zoning Commission recommendation of a 3-2 vote to deny the petitions application to rezone Parcel #8884633200007 from Agricultural Preservation to General Commercial and that placing certain PD restrictions did not fit the County Plan. He presented a letter that was presented to the Zoning Board from George and Mary Jane Seubert, 2087 210th St, Bronson, supporting the petitioner’s request. Campus Lofts Hennings Properties Rural Business has 4 employees and a potential of 7 to 9 employees. Pylelo stated other communities have zones in place to allow for growth around those cities and keep their businesses local. Henning’s feels it would be beneficial if they were able to stay in Bronson and keep their business local.

A public hearing was held regarding an ordinance re-zoning GIS parcel #884633200007, owned by K & L Properties, LLC (Kevin Alexander) and Hennings Properties (Dan and Eric Hennings). The Chairman called on anyone wishing to be heard.

Eric Henning, President CEO for Campus Lofts, stated he was willing to work with the Board on any suggestions and/or restrictions to make it work. He knows that other communities have a transitional zone in place to allow for growth around the city and keep their businesses local and was not sure why the Cities of Bronson or Lawton do not have a transitional zone. Also stated he would like to stay in the Bronson area where he grew up and be able to expand and employe local people. He is concerned about the time frame and is open for suggestions.

Don Ronfeldt, Mayor of City of Bronson, spoke in favor of the company and rezoning and also stated that the City currently does not have a transitional zone in place.

George Seubert, resident across the street from the parcel stated he hopes that other businesses that want to establish in Woodbury County don’t have these problems to go through if they have a legitimate business in Woodbury County, speaking not just for this business but for future businesses.

Rachelle Lundy, realtor, spoke in favor of any business that would offer a benefit to Woodbury County.

John Pylelo stated the Zoning Commission is not looking at the Campus Loft as not being a good steward of the parcel, however, at what would happen to this parcel should they lose the good steward.

Rick Aadland, CEO of Pioneer Bank and listing agent of the property commented the right way would be the avenue for this situation and this would be an excellent business for the Bronson Community.

Jeff Paulson, Attorney, commented on the transition plan and spot zoning and the need to be sure proper procedures are followed. He recommended not to over restrict on the PD due to Henning’s investment.

Kevin Alexander, Sergeant Bluff and current property owner, stated he bought the property as a 1031 exchange and was using the property as storage of equipment and was not aware of any miss use and wanted to encourage the growth of Woodbury County.

Motion by Walish second by Smith to close the hearing. Carried 4-0.

Motion by Walish second by Monson to defer the item with referral back to the Zoning Board on June 22, 2009, and then return to the Board of Supervisors on June 29, 2009. Carried 4-0. Copy filed.

Motion by Monson second by Walish to approve and receive for signatures a Resolution adopting a rural revitalization effort entitled “Paint the Town – The New Face of Anthon”, per recommendation of Rural Economic Development Director Rob Marqusee. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,575
A RESOLUTION ADOPTING A RURAL REVITALIZATION EFFORT ENTITLED
“PAINT THE TOWN – THE NEW FACE OF ANTHON”

WHEREAS, the City of Anthon in Woodbury County, Iowa desires to attract new residents and instill pride in its existing community through needed repairs and improvements to both its residential and business districts; and

WHEREAS, the City of Anthon has developed a plan to meet the recommendations of the Siouxland Interstate Metropolitan Planning Council (SIMPCO) for eliminating nuisance, and the City’s plan to refurbish buildings of historic significance on its main street; and

WHEREAS, the City of Anthon recognizes the mutual dependence of its city with communities throughout Woodbury County, as well as the need to form partnerships with businesses located throughout Woodbury County; and

WHEREAS, Woodbury County has in interest in revitalizing its rural communities for a new generation of residents and businesses; and

WHEREAS, Woodbury County shall contribute a matching portion of funds needed to refurbish its residential and business districts, depending upon in-kind contributions from businesses that supply paint and construction materials – all in order to advance the City of Anthon’s effort to improve their community, subject to the conditions set forth in this Resolution.

IT IS HEREBY RESOLVED by the Board of Supervisors of Woodbury County, Iowa, as follows:

1. The Woodbury County Board of Supervisors is in full support of the effort to revitalize the City of Anthon with a matching contribution of $2,000, said contribution contingent upon the occurrence of the following conditions:

a. The City of Anthon procures contributions of paint from businesses located in Woodbury County with a minimum value of $2,000;

b. The City of Anthon procures volunteer labor for painting residences and business structures;

c. The City of Anthon procures a “Release of Liability” from all property owners that is the subject of painting and refurbishment; the Release shall hold Woodbury County and private business contributors harmless from all liability associated with the work necessary to paint or refurbish the structures;

d. The City of Anthon agrees that all buildings in need of paint (as defined by SIMPCO), and businesses located on Main Street who are agreeable to have their structures painted, have the work completed on said structures. There shall not be any discrimination in determining structures to be painted;

e. Painting of the buildings in the business district must conform to a consistent single color from structure to structure; and

f. The contribution from Woodbury County may be applied to acquire additional paint (and paint brushes)needed to only paint residences and buildings; and

2. The Board of Supervisors will provide a media opportunity to all contributors to the project.

SO RESOLVED this 9th day of June 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Michelle Bostinelos, SIMPCO Transportation Planning Director, and Kellee Van Bruggen, SIMPCO Transportation Planner, presented the Board with a draft of the 2035 long-range transportation plan of the Siouxland Regional Transportation Planning Association.

Motion by Monson second by Walish to approve the tax exemption certificate for a $500,000 General Obligation Capital Loan Note Series 2009A. Carried 4-0.

Motion by Smith second by Walish to approve and authorize the Chairman to sign a Resolution authorizing a form of loan agreement and authorizing and providing for the issuance of capital loan notes and levying a tax to pay the notes. Carried 4-0.

WOODBURY COUNTY, IOWA
RESOLUTION NO. 10,576
RESOLUTION APPROVING AND AUTHORIZING A FORM
OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $500,000 GENERAL OBLIGATION
CAPITAL LOAN NOTES, SERIES 2009A, AND LEVYING A
TAX TO PAY THE NOTES

WHEREAS, the Issuer is a political subdivision duly organized and existing under and by virtue of the laws and Constitution of the State of Iowa; and

WHEREAS, the Issuer is in need of funds to pay costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, an essential county purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, Series 2009A, in the amount of $500,000 be issued for such purpose; and

WHEREAS, pursuant to notice published as required by Sections 331.402, 331.441(2)(b)(5)(d) and 331,443 of the Code of Iowa, as amended, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Notes, and the Board is therefore now authorized to proceed with the issuance of the Notes:

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:

Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:

♦ "Issuer" and "County" shall mean Woodbury County, State of Iowa.

♦ "Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or lenders in substantially
the form attached to and approved by this Resolution.

♦ "Note Fund" shall mean the fund required to be established by Section 4 of this Resolution.

♦ "Notes" shall mean $500,000 General Obligation Capital Loan Notes, Series 2009A, authorized to be issued
by this Resolution.

♦ "Paying Agent" shall mean the County Treasurer, or such successor as may be approved by Issuer as
provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the
payment of principal of and interest on the Notes as the same shall become due.

♦ "Project" shall mean the costs of erection, remodeling, reconstruction, additions and extensions to public
buildings, together with acquisition of equipment for the buildings.

♦ "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the
proceeds of the Notes.

♦ "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate.

♦ "Registrar" shall mean the County Treasurer of Woodbury County, Iowa, or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to
maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Notes.

♦ "Resolution" shall mean this resolution authorizing the issuance of the Notes.

♦ "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and
delivered at the time of issuance and delivery of the Notes.

♦ "Treasurer" shall mean the County Treasurer or such other officer as shall succeed to the same duties and
responsibilities with respect to the recording and payment of the Notes issued hereunder.

Section 2. The form of Loan Agreement in substantially the form attached to this Resolution is hereby approved and
is authorized to be executed and issued on behalf of the Issuer by the Chairperson and attested by the County Auditor.

Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.

(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Notes
hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax
on all of the taxable property in Woodbury County, Iowa, to-wit:

FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION

$101,458 (cash on hand) 2009/2010
$105,250 2010/2011
$107,875 2011/2012
$110,375 2012/2013
$112,750 2013/2014

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2008, will be
collected during the fiscal year commencing July 1, 2009).

(b) Additional County Funds Available. Principal and interest coming due at anytime when the proceeds of such tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the County available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced.

Section 4. Note Fund. The tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the County, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 2009 NO. ONE" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Notes hereinafter authorized to be issued; and also there shall be apportioned to the fund its proportion of taxes received by the County from property that is centrally assessed by the State of Iowa.

Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued interest except as may be provided below shall be credited to the Project Fund and expended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with
limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note Fund.

Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2009 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided.

Section 7. Note Details, Execution and Redemption.

(a) Note Details. General Obligation Capital Loan Notes, Series 2009A, of the County in the total amount of $500,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of
Sections 331.402, 331.441(2)(b)(5)(d) and 331,443 of the Code of Iowa, as amended, for the aforesaid purpose. The Notes shall be issued in one or more series and shall be on a parity and secured equally and ratably from the sources provided in Section 3 of this Resolution. The Notes shall be designated "GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 2009A", be dated July 1, 2009, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest payable on June 1, 2010, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided.

The Notes shall be executed by the manual or facsimile signature of the Chairperson and attested by the manual or facsimile signature of the County Auditor, and impressed or printed with the seal of the County and shall be fully


Interest Principal Maturity
Rate Amount June 1st
2.50% $ 90,000 2010
2.50% $ 95,000 2011
2.50% $100,000 2012
2.50% $105,000 2013
2.50% $110,000 2014

(b) Redemption. All Notes may be called for redemption by the Issuer and paid before maturity on any date from any funds regardless of source, in whole or from time to time in part, in any order and within the maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All notes or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment.

If selection by lot within a maturity is required, the Registrar shall designate the notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of notes to be called has been reached.

Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.

(a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Notes, and in no other way. The County Treasurer is hereby appointed as Registrar under the terms of this Resolution Registrar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution.

(b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar.

(c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution.

(d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid.

(e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer.

(f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer.

(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests.

Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith.

Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent.

Section 11. Execution, Authentication and Delivery of the Notes. The Chairperson and Auditor shall execute and deliver the Notes to the Registrar, who shall authenticate the Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution.

Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder.

Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows:


The text of the Notes to be located thereon at the item numbers shown shall be as follows:

Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF WOODBURY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 2009A"
"ESSENTIAL COUNTY PURPOSE"

Item 2, figure 1 = Rate: _____________________________________
Item 3, figure 1 = Maturity: __________________________________
Item 4, figure 1 = Note Date: July 1, 2009
Item 5, figure 1 = Cusip No.: _________________________________
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No. ______________________________
Item 8, figure 1 = Principal Amount: $__________________________

Item 9, figure 1 = The County of Woodbury, State of Iowa, a political subdivision organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to

Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner).

Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the County Treasurer, Paying Agent of this issue, or its successor, with interest on such sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2010, and semiannually thereafter on the 1st day of June and December in each year.

Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.

This Note is issued pursuant to the provisions of Sections 331.402, 331.441(2)(b)(5)(d) and 331.443 of the Code of Iowa, as amended, for the purpose of paying costs of erection, remodeling, reconstruction, additions and extensions to public buildings, together with acquisition of equipment for the buildings, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated June 9, 2009, in conformity to a Resolution of the Board of the Issuer duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution.

All Notes may be called for redemption by the Issuer and paid before maturity on any date from any funds regardless of source, in whole or from time to time in part, in any order and within the maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Notes or any defect therein shall not affect the validity of any proceedings for the redemption of the Notes. All notes or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment.

If selection by lot within a maturity is required, the Registrar shall designate the notes to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of notes to be called has been reached.

Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the County Treasurer, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution.

And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Note as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Note, does not exceed the constitutional or statutory limitations.

This Note is a "qualified tax-exempt obligation" designated by the Issuer for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.

IN TESTIMONY WHEREOF, the Issuer by its Board of Supervisors, has caused this Note to be signed by the manual signature of its Chairperson and attested by the manual signature of its County Auditor, with the seal of the County impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the County Treasurer, Woodbury County, Iowa.

Item 11, figure 1 = Date of Authentication:
Item 12, figure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the
County Treasurer.

COUNTY TREASURER, Registrar

By: __________________________________
Authorized Signature

Item 13, figure 1 = Registrar and Transfer Agent: County Treasurer
Paying Agent: County Treasurer


SEE REVERSE FOR CERTAIN DEFINITIONS

Item 14, figure 1 = (SEAL)

Item 15, figure 1 = [Signature Block]
WOODBURY COUNTY, STATE OF IOWA


ATTEST:

By: ______(manual signature)______________
County Auditor

Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]


ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto _________________ (Social Security or Tax Identification No. __________________________) the within Note and does hereby irrevocably constitute and appoint ____________________________ attorney in fact to transfer the Note on the books kept for registration of the within Note, with full power of substitution in the premises.

Dated . _____________________________

______________________________________________________________

______________________________________________________________
(Person(s) executing this Assignment sign(s) here)

SIGNATURE )
GUARANTEED) _________________________________________________

IMPORTANT - READ CAREFULLY

The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or
Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be
provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such
standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that
participate in a recognized signature guarantee program.

INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER

Name of Transferee(s) ______________________________________________________________

Address of Transferee(s) ____________________________________________________________
Social Security or Tax
Identification Number of
Transferee(s) _____________________________________________
Transferee is a(n):
Individual*_______ Corporation _______
Partnership _______ Trust _________

*If the Note is to be registered in the names of multiple individual owners, the names of all
such owners and one address and social security number must be provided.

The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though written out in full according to applicable laws or regulations:

TEN COM -as tenants in common
TEN ENT -as tenants by the entireties
JT TEN -as joint tenants with right of survivorship and not as tenants in
common

IA UNIF TRANS MIN ACT -..........Custodian..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)

ADDITIONAL ABBREVIATIONS MAY ALSO BE
USED THOUGH NOT IN THE ABOVE LIST

Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a contract between the County and the purchaser of the Notes.

Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of such statute and regulations issued thereunder.

To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date.

Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval.

Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e)
file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance.

Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations.

Section 19. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Notes as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental obligations which will be issued during the current calendar year will not exceed Thirty (30) Million Dollars.

Section 20. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED this 9th day of June, 2009.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

The Board discussed personnel vacancy budget policies with Dennis Butler, County Budget/Tax Analyst.

The Board requested a five-year study of every department’s unspent balances, in correlation to their vacancies.

The Chairman asked if there were any individuals or groups wishing to make a presentation of items not on the agenda or Supervisors concerns.

The Board adjourned the regular meeting until June 16, 2009.


Related Documents · 6/9/2009 Meeting

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This content was printed from the County website at woodburycountyiowa.gov on April 18, 2024.