Minutes - 12/9/2014

December 9, 2014 — FORTYNINETH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, December 9, 2014 at 9:15 a.m.  Board members present were Boykin, Monson, Smith, Clausen and Ung.  Staff members present were Karen James, Board Administrative Coordinator, Dennis Butler, Finance/Operations Controller, Joshua Widman, Assistant County Attorney, and Jean Jessen, Deputy Auditor/Clerk to the Board.

The Board of Supervisors canvassed the Sioux City Community School District Special Election and the City of Pierson Special Election held on the 2nd day of December 2014.

Steve Hofmeyer, Deputy Commissioner of Elections, announced there were 8 (Eight) provisional ballots of which 4 (Four) were accepted and added to the Tally, and 21 (Twenty-one) after-election absentee ballots, of which 5 (Five) were timely and added to the Tally.  

Sioux City Community School District Board Director

Woodbury and Plymouth Counties

Perla J. Alarcon-Flory Received Two thousand eight hundred forty-three (2843) votes

SCATTERING Received Two hundred fifty-four (254) votes

GRAND TOTAL Three thousand ninety-six (3097) votes  

We therefore declare: Perla J. Alarcon-Flory duly elected for the office of Sioux City School Board Director for the residue of the term ending in 2017.  

IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be affixed the seal of this county by the Clerk of the Board of Supervisors.

Done at Sioux City the county seat of Woodbury County, this 9th day of December, 2014.

For the public measure – Proposition A

Shall the Board of Directors of the Sioux City Community School District, in the Counties of Woodbury and Plymouth, State of Iowa, for the purpose of purchasing and improving grounds; constructing schoolhouses or buildings and opening roads to schoolhouses or buildings; purchasing of buildings; purchase, lease or lease-purchase of technology and equipment; paying debts contracted for the erection or construction of schoolhouses or buildings, not including interest on bonds; procuring or acquisition of libraries; repairing, remodeling, reconstructing, improving, or expanding the schoolhouses or buildings and additions to existing schoolhouses; expenditures for energy conservation; renting facilities under Chapter 28E; purchasing transportation equipment for transporting students; lease purchase option agreements for school buildings or equipment; purchasing equipment authorized by law; or for any purpose or purposes now or hereafter authorized by law, be authorized for a period of ten (10) years, to levy annually, a voter-approved physical plant and equipment property tax not to exceed One Dollar Thirty-Four Cents ($1.34) per One Thousand Dollars ($1,000) of the assessed valuation of the taxable property within the school district commencing with the levy for collection in the fiscal year ending June 30, 2016, or each year thereafter?

Woodbury and Plymouth Counties

For the question, there were:  One thousand five hundred seven (1507) votes

Against the question, there were:  Two thousand seven hundred fifty-nine (2759) votes

GRAND TOTAL  Four thousand two hundred sixty-six (4266) votes

We therefore declare the public measure "Voter approved physical plant and equipment property tax" not to be adopted.

IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be affixed the seal of this county by the Clerk of the Board of Supervisors.

Done at Sioux City the county seat of Woodbury County, this 9th day of December, 2014.

Motion by Clausen second by Smith to receive for signatures the canvass of the Sioux City Community School District Special Election held on the 2nd day of December 2014.  Carried 3-0.  Copy filed.

City of Pierson Council Member -1 Vacancy

Woodbury

Jean Jorgensen Received eight (8) votes

Nikki Leekley Received twenty (20) votes

Jeffrey A. Moffitt Received nineteen (19) votes

Danny Roger Saxen Received forty-eight (48) votes

Candidate Total Ninety-five (95) votes

SCATTERING Zero (0) votes

GRAND TOTAL Ninety-five (95) votes

We therefore declare:

Danny Roger Saxen duly elected for the office of City of Pierson Council Member for the residue of the term ending in 2017.  

City of Pierson Mayor - 1 Vacancy

Woodbury

Thomas E. Hardie Received sixty-eight (68) votes

WRITE-IN

Max Dunnington Received nineteen (19) votes

Robert Goeden Received one (1) votes

Doyle Struve Received one (1) votes

Candidate Total Eighty-nine (89) votes

SCATTERING Zero (0) votes

GRAND TOTAL Eighty-nine (89) votes

We therefore declare:

Thomas E. Hardie duly elected for the office of City of Pierson Mayor for the residue of the term ending in 2015.  

City of Pierson Council Member-2 Vacancies

Woodbury

Fred Bouc Received thirty-four (34) votes

Amy Hill Received thirty-eight (38) votes

Joel McQueen Received fifty-nine (59) votes

Carman Marie Walden Received forty-nine (49) votes

Candidate Total One hundred eighty (180) votes

SCATTERING Zero (0) votes

GRAND TOTAL One hundred eighty (180) votes

We therefore declare:

Joel McQueen duly elected for the office of City of Pierson Council Member for the residue of the term ending in 2015.

Carman Marie Walden duly elected for the office of City of Pierson Council Member for the residue of the term ending in 2015.  

STATE OF IOWA

ABSTRACT OF VOTES

Woodbury County, Iowa

IN TESTIMONY WHEREOF,  we have hereunto set our hands and caused to be affixed the seal of this county by   the Clerk of the Board of Supervisors.

Done at Sioux City the county seat of Woodbury County, this 9th day of December, 2014.

Motion by Smith second by Clausen to receive for signatures the canvass of the City of Pierson Special Election held on the 2nd day of December 2014.  Carried 3-0.  Copy filed

The meeting was called to order.

Motion by Clausen second by Smith to approve the minutes from the 12/2/14 Board meeting.  Carried 5-0.  Copy filed.

Motion by Smith second by Clausen to postpone approval of the County’s claims totaling $871,152.53 until the Special Board meeting on Thursday, 12/11/14 at 10:00 a.m.  Carried 5-0.  Copy filed.

Motion by Smith second by Monson to approve the appointment of Raymond Rightermeier, Temporary Equipment Operator, Secondary Roads Dept., effective 12/10/14, $20.71/hour.  Not to exceed 120 days., the appointment of Karl Johnk, F/T Equipment Operator, Secondary Roads Dept., effective12/10/14, $20.71/hour.  Job Vacancy Posted 9-23-14.  Entry Level Salary:  $20.71/hour., the appointment of Wendy Erickson, P/T Courthouse Safety & Security Officer, Courthouse Safety & Security Dept., effective 12/11/14, #16.43/hour.  Job Vacancy Posted 10-29-14.  Entry Level Salary:  $14.96-$16.43/hour., the appointment of Shawn Dennehey, Temporary Equipment Operator, Secondary Roads Dept., effective 12/15/14, $20.71/hour.  Not to exceed 120 days., the reclassification of Michelle Mann, Civilian Jailer, County Sheriff Dept., effective 12/19/14, $17.83/hour, 4%=$.69/hr.  Per CWA Civilian Officers Contract agreement, from Class 3 to Class 2., the reclassification of Brenda Nelson, Recorder Clerk II, Auditor Dept., effective 12/26/14, $15.65/hour, 4.6%=$.69/hr.  Per AFSCME Courthouse Contract agreement, from Grade 3/Step 1 to Grade 3/Step 2., and the reclassification of Jennifer Wersal, Civilian Jailer, County Sheriff Dept., effective 12/28/14. $17.83/hour, 4%=$.69/hr.  Per CWA Civilian Officers Contract agreement, from Class 3 to Class 2.  Carried 5-0.  Copy filed.

Motion by Monson second by Clausen to receive the Veteran Affairs Quarterly Report.  Carried 5-0.  Copy filed.  

Motion by Smith second by Clausen to postpone the Public Hearing on Amendment #1 and moving the hearing to December  16, 2014 at 10:15 a.m.  Carried 5-0.

$900,000 General Obligation Capital Loan Notes, Series 2014B.

1. Motion by Clausen second by Monson to approve and authorize the Chairperson to sign a Tax Exemption Certificate.  Carried 5-0.  Copy filed.

2. Motion by Smith second by Monson to approve and authorize the Chairperson to sign a Resolution Approving and 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, Ung abstained.

RESOLUTION #12,107

RESOLUTION APPROVING AND AUTHORIZING A FORM

OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING

FOR THE ISSUANCE OF $900,000 GENERAL OBLIGATION

CAPITAL LOAN NOTES, SERIES 2014B, 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 construction, reconstruction, improvements and repairs or equipping of bridges, roads and culverts which assist in economic developement which creates jobs and wealth, an essential county purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and that County General Obligation Capital Loan Notes in the amount of $900,000, be issued for the foregoing purpose; and

WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.443 of the Code, this Board of Supervisors has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of General Obligation Capital Loan Notes, Series 2014B, and the Board is therefore now authorized to proceed with the issuance of General Obligation Capital Loan Notes, Series 2014B;

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 $900,000 General Obligation Capital Loan Notes, Series 2014B 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 construction, reconstruction, improvements and repairs or equipping of bridges, roads and culverts which assist in economic developement which creates jobs and wealth.

•"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, State of Iowa, to-wit:

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

 *$    6,569                   2014/2015  

$195,660                     2015/2016

 $192,528                    2016/2017

 $189,396                    2017/2018  

$186,264                     2018/2019

 $183,132                    2019/2020

*Paid from cash on hand.

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2015, will be collected during the fiscal year commencing July 1, 2016).

(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 2014 NO. 2" (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, 2013 (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 Chapter 12C of the Code of Iowa, 2013, 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 2014B, of the County in the total amount of $900,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 331.402 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 NOTES, SERIES 2014B NO. 2", be dated December 31, 2014, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest payable on June 1, 2015, 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 registered as to both principal and interest as provided in this Resolution.  Principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note.  The Notes shall mature and bear interest as follows:

Principal Amount         Interest Rate                    Maturity June 1st

 $180,000                         1.74%                                 2016  

$180,000                          1.74%                                 2017  

$180,000                          1.74%                                 2018  

$180,000                          1.74%                                 2019  

$180,000                           1.74%                               2020

(b)  Redemption.  The Notes are not subject to redemption prior to maturity.

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 of the month 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:

(6)                                           (6)                                          

(7)                                           (8)

                    (1)

(2)           (3)             (4)               (5)

               (9)

                   (9a)

                         (10) 

(Continued on the back of this Note)

(11)(12)(13)                                    (14)                                (15)

FIGURE 1

(Front)

(10) (Continued)                                                                       (16)

FIGURE 2

(Back)

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"

"WOODBURY COUNTY"

"GENERAL OBLIGATION CAPITAL LOAN NOTE"

"SERIES 2014B"

"ESSENTIAL COUNTY PURPOSE"

Item 2, figure 1= Rate: __________%

Item 3, figure 1= Maturity: _______________

Item 4, figure 1= Note Date: December 31, 2014

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= Woodbury County, 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, in accordance with the attached maturity schedule marked Exhibit "A", 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, 2015, 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 of the month 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 and 331.443 of the Code of Iowa, as amended, for the purpose of paying costs of construction, reconstruction, improvements and repairs or equipping of bridges, roads and culverts which assist in economic development which creates jobs and wealth and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated December 31, 2014, 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.

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 said County impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, 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)

By: WOODBURY COUNTY, STATE OF IOWA

                       (manual signature)

 Chairperson

By: ATTEST:

                        (manual signature)

 County Auditor

 Item 16, figure 1 = (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 said 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 bond(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 rights 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 Ten (10) 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 December, 2014.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

A public hearing was held at 10:15 a.m. for the sale of property parcel #074040 (3800 9th St.).

The Chairperson called on anyone wishing to be heard.

Motion by Monson second by Clausen to close the public hearing.  Carried 5-0.

Motion by Smith second by Monson to approve and authorize the Chairperson to sign a Resolution for the sale of this parcel to David and Kathleen Bertrand, 4000 10th St., Sioux City, for real estate parcel #109635 (3800 9th St.) for $ plus recording fees.  Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS

OF WOODBURY COUNTY, IOWA

RESOLUTION #12,108

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By   David J. Bertrand & Kathleen L. Bertrand      in the sum of          Three Hundred Thirty-One Dollars & 00/100 ($331.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:  

Parcel #109635

Lots 10, 11, and 12 in Block 11 of Cohen & Marks Addition to the City of Sioux City, Woodbury County, Iowa

(3800 9th Street)           

Now and included in and forming a part of the City of Sioux City, Iowa, the same is hereby accepted: said Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.

BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes.  Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).

BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.

SO DATED this 9th Day of December, 2014.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Discussion concerning the efforts to fix leaking water issues in the LEC – Court Areas.  This is to be placed on the agenda next week for further discussion.  Copy filed.

Motion by Monson second by Clausen to approve the use of $2,600 of allowance funds for a Booking Office Camera Viewing Station for Temporary Holding Cells and Medical Observation.  Carried 5-0. Copy filed.  

Motion by Ung second by Monson to approve the four year agreement for Home Base Iowa.  Carried 5-0.  Copy filed.

Motion by Monson second by Smith to approve and receive for signatures a Resolution to establish stop signs on Allison Avenue, Andrew Avenue , 235th Street and 240th Street.  Carried 5-0.

RESOLUTION FOR THE ESTABLISHMENT OF STOP SIGNS AT THE INTERSETIONS OF 235TH

STREET AND ANDREW AVENUE AND 240TH STREET AND ALLISON AVENUE

RESOLUTION #12,109

WHEREAS, under the provisions of Section 321.255 and  321.236 (1C)(6) of the 2013 Code of Iowa, the Board of Supervisors and County Engineer are empowered to designate the location and erection of stop signs,

AND WHEREAS, the County Board and County Engineer may designate certain roads as through roads with the erection of stop signs at specified locations furnishing access thereto or designation of any intersection as a stop intersection and erect like signs at one or more locations of access to such intersections.

AND WHEREAS, traffic through the intersection discussed herein have changed due to the completion of the extension of Andrew Avenue and 240th Street between 235th Street and Allison Avenue for use as a new haul road during the construction of the new CF Industries plant, resulting in a significant change to the volume of traffic at these intersections,

AND WHEREAS, there are currently no stop signs controlling the traffic at the new intersections,

AND WHEREAS, with the increased level of traffic at the intersections of the new and improved routes, it is deemed a safety hazard to allow the traffic to move without some control of traffic movement,

NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Woodbury County on this 9th day of December, 2014, recognize as official the location of a stop signs at the intersections described below:

1. Located at the intersection of 235th Street and Andrew Avenue, causing traffic travelling north on Andrew Avenue to come to a complete stop.

2. Located at the intersection of 235th Street and Andrew Avenue, causing traffic travelling east on 235th Street to come to a complete stop.

3. Located at the intersection of 240th Street and Allison Avenue causing traffic travelling west on 240th Street to come to a complete stop.

4. Located at the intersection of 240th Street and Allison Avenue, causing traffic travelling south on Allison Avenue to come to a complete stop.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Smith to approve and receive for signatures a Resolution to establish a speed limit on Andrew Avenue and 240th Street.  Carried 5-0.

SPEED LIMIT RESOLUTION

240TH STREET AND ANDREW AVENUE

RESOLUTION #12,110

WHEREAS: The Board of Supervisors of Woodbury County is empowered under the authority of sections 321.255 and 231.285, subsection 4 of the Code of Iowa to determine upon the basis of an engineering and traffic investigation conducted by the County Engineer that the speed limit of any secondary road is greater than is reasonable and proper under the conditions existing, and may determine and declare a reasonable and proper speed limit, and

WHEREAS: Such investigation has been requested and completed and the county engineer has reached an opinion concerning the reasonable and proper speed for the road listed herein,

NOW, THEREFORE BE IT RESOLVED, by the Woodbury County Board of Supervisors that the following speed limit be established and appropriate signs erected at the locations described as follows:

1) Beginning at the intersection of 235th Street and Andrew Avenue then proceeding south on Andrew Avenue then west on 240th Street to the intersection of 240th and Allison Avenue, a Speed limit of 45 miles per hour is established.l

Speed limit shall be effective when appropriate signs giving notice of the speed limits are erected.

Passed and approved this 9th day of December, 2014 by the Woodbury County Board of Supervisors.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Monson second by Ung to approve and authorize the Chairperson to sign a permit to work on the right of way of 210th Street for CJ Moyna and Sons.  Carried 5-0.  Copy filed.

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

Motion by Clausen second by Smith to go into closed session per Iowa Code Section 21.5(1)(a).  Carried 5-0 on a roll-call vote.

Motion by Monson second by Clausen to go out of closed session per Iowa Code Section 21.5(1)(a).  Carried 5-0 on a roll-call vote.

Motion by Monson second by Smith to override the rules in this particular case.

Second closed session was cancelled.

The Board adjourned the regular meeting until December 16, 2014.

Related Documents · 12/9/2014 Meeting

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