Minutes - 6/12/2018
JUNE 12, 2018, TWENTY-FOURTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, June 12, 2018 at 4:15 p.m. Board members present were Ung, De Witt, Taylor, Pottebaum, and Radig. Staff members present were Dennis Butler, Budget/Tax Analyst, Karen James, Board Administrative Assistant, Melissa Thomas, Human Resources Director, Joshua Widman, Assistant County Attorney, and Patrick Gill, Auditor/Clerk to the Board.
The meeting was called to order to canvass the Primary Election held in Woodbury County on June 5, 2018.
Steve Hofmeyer, Deputy Commissioner of Elections presented the Official Canvas results for the Primary Election were as follows:
There were 129 total provisional and after-election ballots, 105 of which were accepted and added to the tally.
Attorney General-Democrat
Woodbury
Tom Miller Received three thousand seven hundred twenty-five (3725) votes
Candidate Total Three thousand seven hundred twenty-five (3725) votes
SCATTERING Ten (10) votes
TOTAL Three thousand seven hundred thirty-five (3735) votes
Attorney General-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Ten (10) votes
TOTAL Ten (10) votes
Attorney General-Republican
Woodbury
Candidate Total Zero (0) votes S
CATTERING One hundred eleven (111) votes
TOTAL One hundred eleven (111) votes
Auditor of State-Democrat
Woodbury
Rob Sand Received three thousand five hundred seventy-seven (3577) votes
Candidate Total Three thousand five hundred seventy-seven (3577) votes
SCATTERING Thirteen (13) votes
TOTAL Three thousand five hundred ninety (3590) votes
Auditor of State-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Nine (9) votes
TOTAL Nine (9) votes
Auditor of State-Republican
Woodbury
Mary Mosiman Received three thousand three hundred seventy-six (3376) votes
Candidate Total Three thousand three hundred seventy-six (3376) votes
SCATTERING Ten (10) votes
TOTAL Three thousand three hundred eighty-six (3386) votes
Governor-Democrat
Woodbury
Nate Boulton Received two hundred fifty-eight (258) votes
Cathy Glasson Received five hundred seventy-three (573) votes
Fred Hubbell Received two thousand five hundred fifty-six (2556) votes
Andrea Andy McGuire Received two hundred ninety-three (293) votes
John Norris Received four hundred eleven (411) votes
Ross Wilburn Received fifty-five (55) votes
Candidate Total Four thousand one hundred forty-six (4146) votes
SCATTERING Six (6) votes
TOTAL Four thousand one hundred fifty-two (4152) votes
Governor-Libertarian
Woodbury
Marco Battaglia Received fifteen (15) votes
Jake Porter Received twenty-nine (29) votes
Candidate Total Forty-four (44) votes
SCATTERING Eleven (11) votes
TOTAL Fifty-five (55) votes
Governor-Republican
Woodbury
Kim Reynolds Received three thousand eight hundred sixteen (3816) votes
Candidate Total Three thousand eight hundred sixteen (3816) votes
SCATTERING Forty-eight (48) votes
TOTAL Three thousand eight hundred sixty-four (3864) votes
Secretary of Agriculture-Democrat
Woodbury
Tim Gannon Received three thousand six hundred eight (3608) votes
Candidate Total Three thousand six hundred eight (3608) votes
SCATTERING Ten (10) votes
TOTAL Three thousand six hundred eighteen (3618) votes
Secretary of Agriculture-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Ten (10) votes
TOTAL Ten (10) votes
Secretary of Agriculture-Republican
Woodbury
Ray Gaesser Received four hundred ninety-six (496) votes
Chad Ingels Received four hundred eighteen (418) votes
Craig Lang Received four hundred eighty-two (482) votes
Mike Naig Received one thousand two hundred ninety-four (1294) votes
Dan Zumbach Received five hundred ninety-eight (598) votes
Candidate Total Three thousand two hundred eighty-eight (3288) votes
SCATTERING Eleven (11) votes
TOTAL Three thousand two hundred ninety-nine (3299) votes
Secretary of State-Democrat
Woodbury
Deidre DeJear Received one thousand seven hundred sixty-five (1765) votes
Jim Mowrer Received two thousand thirty-six (2036) votes
Candidate Total Three thousand eight hundred one (3801) votes
SCATTERING Eight (8) votes
TOTAL Three thousand eight hundred nine (3809) votes
Secretary of State-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Thirteen (13) votes
TOTAL Thirteen (13) votes
Secretary of State-Republican
Woodbury
Paul D. Pate Received three thousand five hundred fifteen (3515) votes
Candidate Total Three thousand five hundred fifteen (3515) votes
SCATTERING Sixteen (16) votes
TOTAL Three thousand five hundred thirty-one (3531) votes
State Representative District 005-Democrat
Woodbury
Andrew Emanuel Received one hundred fifty (150) votes
Candidate Total One hundred fifty (150) votes
SCATTERING Two (2) votes
TOTAL One hundred fifty-two (152) votes
State Representative District 005-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Zero (0) votes
TOTAL Zero (0) votes
State Representative District 005-Republican
Woodbury
Thomas Jeneary Received one hundred sixty (160) votes
Joseph Small Received one hundred nineteen (119) votes
Candidate Total Two hundred seventy-nine (279) votes
SCATTERING Zero (0) votes
TOTAL Two hundred seventy-nine (279) votes
State Representative District 006-Democrat
Woodbury
Rita DeJong Received one thousand two hundred seventy-nine (1279) votes
Candidate Total One thousand two hundred seventy-nine (1279) votes
SCATTERING Three (3) votes
TOTAL One thousand two hundred eighty-two (1282) votes
State Representative District 006-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Three (3) votes TOTAL Three (3) votes
State Representative District 006-Republican
Woodbury
Jacob Bossman Received one thousand four hundred eighty-five (1485) votes
Candidate Total One thousand four hundred eighty-five (1485) votes
SCATTERING Eight (8) votes
TOTAL One thousand four hundred ninety-three (1493) votes
State Representative District 013-Democrat
Woodbury
Chris Hall Received one thousand one hundred sixty-nine (1169) votes
Candidate Total One thousand one hundred sixty-nine (1169) votes
SCATTERING One (1) vote
TOTAL One thousand one hundred seventy (1170) votes
State Representative District 013-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Six (6) votes
TOTAL Six (6) votes
State Representative District 013-Republican
Woodbury Candidate Total Zero (0) votes
SCATTERING Twenty-nine (29) votes
TOTAL Twenty-nine (29) votes
State Representative District 014-Democrat
Woodbury
Timothy H. Kacena Received one thousand ninety-six (1096) votes
Candidate Total One thousand ninety-six (1096) votes
SCATTERING Three (3) votes
TOTAL One thousand ninety-nine (1099) votes
State Representative District 014-Libertarian
Woodbury Candidate Total Zero (0) votes
SCATTERING Two (2) votes
TOTAL Two (2) votes
State Representative District 014-Republican
Woodbury
Robert Henderson Received six hundred thirty-four (634) votes
Candidate Total Six hundred thirty-four (634) votes
SCATTERING Four (4) votes
TOTAL Six hundred thirty-eight (638) votes
State Representative District 017-Democrat
Woodbury
Jan Creasman Received ninety-five (95) votes
Candidate Total Ninety-five (95) votes
SCATTERING Two (2) votes
TOTAL Ninety-seven (97) votes
State Representative District 017-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Zero (0) votes
TOTAL Zero (0) votes
State Representative District 017-Republican
Woodbury
Matt W. Windschitl Received two hundred thirty-nine (239) votes
Candidate Total Two hundred thirty-nine (239) votes
SCATTERING One (1) votes
TOTAL Two hundred forty (240) votes
State Senator District 03-Democrat
Woodbury
Dave Dawson Received one thousand three hundred ninety-nine (1399) votes
Candidate Total One thousand three hundred ninety-nine (1399) votes
SCATTERING Five (5) votes
TOTAL One thousand four hundred four (1404) votes
State Senator District 03-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Four (4) votes
TOTAL Four (4) votes
State Senator District 03-Republican
Woodbury
Jim Carlin Received one thousand seven hundred ninety (1790) votes
Candidate Total One thousand seven hundred ninety (1790) votes
SCATTERING Sixteen (16) votes
TOTAL One thousand eight hundred six (1806) votes
State Senator District 07-Democrat
Woodbury
Jackie Smith Received two thousand two hundred seventeen (2217) votes
Candidate Total Two thousand two hundred seventeen (2217) votes
SCATTERING Six (6) votes
TOTAL Two thousand two hundred twenty-three (2223) votes
State Senator District 07-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Eight (8) votes
TOTAL Eight (8) votes
State Senator District 07-Republican
Woodbury
Steven Stokes Received one thousand three hundred forty-four (1344) votes
Candidate Total One thousand three hundred forty-four (1344) votes
SCATTERING Eight (8) votes
TOTAL One thousand three hundred fifty-two (1352) votes
State Senator District 09-Democrat
Woodbury
Candidate Total Zero (0) votes SCATTERING Four (4) votes
TOTAL Four (4) votes
State Senator District 09-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Zero (0) votes
TOTAL Zero (0) votes
State Senator District 09-Republican
Woodbury
Jason Schultz Received two hundred thirty-six (236) votes
Candidate Total Two hundred thirty-six (236) votes
SCATTERING Zero (0) votes
TOTAL Two hundred thirty-six (236) votes
Treasurer of State-Democrat
Woodbury
Michael L. Fitzgerald Received three thousand seven hundred forty-two (3742) votes
Candidate Total Three thousand seven hundred forty-two (3742) votes
SCATTERING Ten (10) votes
TOTAL Three thousand seven hundred fifty-two (3752) votes
Treasurer of State-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Nine (9) votes
TOTAL Nine (9) votes
Treasurer of State-Republican
Woodbury
Candidate Total Zero (0) votes
SCATTERING One hundred forty-three (143) votes
TOTAL One hundred forty-three (143) votes
United States Representative District 4-Democrat
Woodbury
Leann
Jacobsen Received one thousand forty-six (1046) votes
John Paschen Received three hundred ten (310) votes
J.D. Scholten Received two thousand seven hundred forty-six (2746) votes
Candidate Total Four thousand one hundred two (4102) votes
SCATTERING Seven (7) votes
TOTAL Four thousand one hundred nine (4109) votes
United States Representative District 4-Libertarian
Woodbury
Charles Aldrich Received forty-seven (47) votes
Candidate Total Forty-seven (47) votes
SCATTERING Seven (7) votes
TOTAL Fifty-four (54) votes
United States Representative District 4-Republican
Woodbury
Cyndi Hanson Received one thousand thirty-two (1032) votes
Steve King Received three thousand ninety-seven (3097) votes
Candidate Total Four thousand one hundred twenty-nine (4129) votes
SCATTERING Eleven (11) votes
TOTAL Four thousand one hundred forty (4140) votes
County Supervisor District 2 - 4 Yr Term-Democrat
Woodbury
Flora M. Lee Received three thousand seven hundred eighty-two (3782) votes
Candidate Total Three thousand seven hundred eighty-two (3782) votes
SCATTERING Twenty (20) votes
TOTAL Three thousand eight hundred two (3802) votes
County Supervisor District 2 - 4 Yr Term-Republican
Woodbury
Jeremy Taylor Received three thousand three hundred ninety-three (3393) votes
Candidate Total Three thousand three hundred ninety-three (3393) votes
SCATTERING Sixty-eight (68) votes
TOTAL Three thousand four hundred sixty-one (3461) votes
County Supervisor District 2 - 4 Yr Term-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Ten (10) votes
TOTAL Ten (10) votes
We therefore declare: Flora M. Lee and Jeremy Taylor successful candidates for the office of County Supervisor District 2 - 4 Yr Term and their names will be on the November 6th, 2018 General Election.
County Supervisor District 4 - 4 Yr term-Democrat
Woodbury
Garie B. Lewis Received one thousand five hundred fifty (1550) votes
Carter Smith Received two thousand eighty-two (2082) votes
Candidate Total Three thousand six hundred thirty-two (3632) votes
SCATTERING Nine (9) votes
TOTAL Three thousand six hundred forty-one (3641) votes
County Supervisor District 4 - 4 Yr term-Republican
Woodbury
MATTHEW UNG Received three thousand two hundred eighty-five (3285) votes
Candidate Total Three thousand two hundred eighty-five (3285) votes
SCATTERING Sixty-four (64) votes
TOTAL Three thousand three hundred forty-nine (3349) votes
County Supervisor District 4 - 4 Yr term-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Thirteen (13) votes
TOTAL Thirteen (13) votes
County Attorney - 4 Yr term-Democrat
Woodbury
Patrick PJ Jennings Received three thousand seven hundred forty-one (3741) votes
Candidate Total Three thousand seven hundred forty-one (3741) votes
SCATTERING Seventeen (17) votes
TOTAL Three thousand seven hundred fifty-eight (3758) votes
County Attorney - 4 Yr term-Republican
Woodbury
Candidate Total Zero (0) votes
SCATTERING One hundred twenty-nine (129) votes
TOTAL One hundred twenty-nine (129) votes
County Attorney - 4 Yr term-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Ten (10) votes
TOTAL Ten (10) votes
We therefore declare: Patrick PJ Jennings successful candidates for the office of County Attorney - 4 Yr term and their names will be on the November 6th, 2018 General Election.
County Treasurer - 4 Yr term-Democrat
Woodbury
Bruce D Garbe Received three thousand five hundred fifty-four (3554) votes
Candidate Total Three thousand five hundred fifty-four (3554) votes
SCATTERING Thirteen (13) votes
TOTAL Three thousand five hundred sixty-seven (3567) votes
County Treasurer - 4 Yr term-Republican
Woodbury
Michael R. Clayton Received three thousand five hundred eighty-three (3583) votes
Candidate Total Three thousand five hundred eighty-three (3583) votes
SCATTERING Sixteen (16) votes
TOTAL Three thousand five hundred ninety-nine (3599) votes
County Treasurer - 4 Yr term-Libertarian
Woodbury
Candidate Total Zero (0) votes
SCATTERING Eleven (11) votes
TOTAL Eleven (11) vote
We therefore declare: Michael R. Clayton and Bruce D Garbe successful candidates for the office of County Treasurer - 4 Yr term and their names will be on the November 6th, 2018 General Election.
Motion by Radig second by De Witt to receive and certify the Official Canvass results for the Primary Election. Carried 5-0. Copy filed.
The regular meeting was called to order with the Pledge of Allegiance to the Flag and a Moment of Silence.
Carter Smith, Sioux City, provided contact information to the Board.
Motion by Taylor second by De Witt to approve the agenda for June 12, 2018. Carried 5-0. Copy filed.
Motion by De Witt second by Radig to approve the following items by consent:
To approve minutes of the June 5, 2018 meeting. Copy filed.
To approve the claims totaling $520,271.66. Copy filed.
To approve the separation of Michael Simoni, P/T Courthouse Safety & Security Officer, County Sheriff Dept., effective 06-05-18. Resignation.; the promotion of Marinus Jorgensen, Jail Sergeant, County Sheriff Dept., effective 06-13-18, $27.75/hour, 10%=$2.67/hr. Promotion from Civilian Jailer to Jail Sergeant.; the transfer of Delayne Folsom, Equipment Operator, Secondary Roads Dept., effective 06-13-18, $22.99/hour, -1%=-$.30/hr. Position Transfer from Motor Grader Operator to Equipment Operator.; and the appointment of Dan Vanderlinden, P/T Asst. County Attorney, County Attorney Dept., effective 06-18-18, $27.46/hour. Job Vacancy Posted 01-04-18. Entry Level Salary: $27.46/hour. Copy filed.
To approve and authorize the Chairperson to sign the Authorization to initiate the hiring process for P/T Courthouse Safety & Security Officer, County Sheriff Dept., Comparability with AFSCME Courthouse Grade 3: $16.03-$17.61/hour. Copy filed.
To receive the Commission of Veteran Affairs Quarterly Report for quarter ending March 31, 2018. Copy filed.
To approve and authorize the Chairperson to sign a Resolution approving petition for suspension of taxes through the redemption for Jason Comer, parcel #894720351012, 1615 W. 16th St., Sioux City.
WOODBURY COUNTY, IOWA
RESOLUTION #12,743 RESOLUTION
APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS
WHEREAS, Jason Comer and as joint titleholder of property located at 1615 W. 16th St., Sioux City, Iowa, Woodbury County, Iowa, and legally described as follows:
Parcel # 8947 20 351 012
SMITHS W H VILLA LOT 17 BLK 8
WHEREAS, Jason Comer, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2017 Iowa Code Section 447.9(3) and,
WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and
NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem this property Parcel #894720351012 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.9, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.
SO RESOLVED this 12th day of June, 2018.
WOODBURY COUNTY BOARD OF SUPERVISORS
To approve and authorize the Chairperson to sign a Resolution approving petition for suspension of taxes through the redemption for Gregory Verzani, parcel #894814384011, 1000 Whitcher Ave., Sioux City.
WOODBURY COUNTY, IOWA
RESOLUTION #12,744 RESOLUTION APPROVING PETION FOR SUSPENSION
OF TAXES THROUGH THE REDEPTION PROCESS
WHEREAS, Gregory Verzani and as joint titleholder of property located at 1000 Whitcher Ave. Sioux City, Iowa, Woodbury County, Iowa, and legally described as follows:
Parcel # 8948 14 384 011
EDGEWATER 2ND LOT 1 BLK 9
WHEREAS, Gregory Verzani, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2017 Iowa Code Section 447.9(3) and,
WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and
NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem this property Parcel #894814384011 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.9, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.
SO RESOLVED this 12th day of June, 2018.
WOODBURY COUNTY BOARD OF SUPERVISORS
To approve the lifting of tax suspensions for petitioners who failed to re-certify their income or income does not qualify for continued tax suspension. Copy filed.
To approve and authorize the Chairperson to sign a Resolution approving petition for suspension of taxes for Ronald Heald, parcel #894824477010, 3101 Edmonds Ave., Sioux City.
WOODBURY COUNTY, IOWA
RESOLUTION #12,745
RESOLUTION APPROVING PETITION FOR SUSPENSION OF TAXES
WHEREAS, Ronald Heald, is the titleholder of property located at 3101 Edmonds Ave., Sioux City, Woodbury County, Iowa, and legally described as follows:
Parcel # 8948 24 477 010
HIGHLAND PARK LOTS 13-17 BLK 8
WHEREAS, Ronald Heald, is the titleholder of the aforementioned property have petitioned the Board of Supervisors for a suspension of taxes pursuant to the 2017 Iowa Code section 427.9, and
WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and
NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this property.
SO RESOLVED this 12th day of June, 2018.
WOODBURY COUNTY BOARD OF SUPERVISORS
Carried 5-0.
A public hearing was held at 4:35 p.m. for the sale of parcel #894730430003, 110 S. John St. The Chairperson called on anyone wishing to be heard.
Motion by Taylor second by De Witt to close the public hearing. Carried 5-0.
Motion by Taylor second by De Witt to approve and authorize the Chairperson to sign a Resolution for the sale of real estate parcel #894730430003, 110 S. John St., to Michael Kasotakis, 100 S. Casselman St., Sioux City, for $207.00 plus recording fees. Carried 5-0.
RESOLUTION OF THE BOARD
OF SUPERVISORS OF WOODBURY COUNTY, IOWA
RESOLUTION #12,746
BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Michael Kasotakis__in the sum of Two Hundred Seven Dollars & 00/100 ($207.00)-----------------------------------------------------dollars.
For the following described real estate, To Wit:
Parcel #894730430003
The South One-Half of Lot Eight in Block Ten, Riverview Addition, City of Sioux City, Woodbury County, Iowa
(110 S. John 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 12th Day of June, 2018.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Taylor second by Pottebaum 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 $1,364,260 General Obligation Capital Loan notes, series 2018, and levying a tax to pay said notes: approval of the tax exemption certificate. Carried 5-0.
RESOLUTION #12,747
RESOLUTION APPROVING AND AUTHORIZING A FORM
OF LOAN AGREEMENT AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $1,364,260 GENERAL
OBLIGATION CAPITAL LOAN NOTES, SERIES 2018, AND
LEVYING A TAX TO PAY SAID NOTES; APPROVAL OF
THE TAX EXEMPTION CERTIFICATE
WHEREAS, the Issuer is a political subdivision, organized and exists 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 miscellaneous improvement, repair, maintenance and replacement projects at public buildings, including the Courthouse, Law Enforcement Center, Prairie Hills Facility Anthon Courthouse and WCICC, essential county purposes, and it is deemed necessary and advisable that General Obligation Capital Loan Notes, to the amount of not to exceed $550,000 be authorized for said purposes; and
WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.443 of the Code of Iowa, 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 said Notes for such purposes; and
WHEREAS, the Issuer is in need of funds to pay costs of peace officer communication equipment and other emergency services communication equipment and systems, essential county purposes, and it is deemed necessary and advisable that General Obligation Capital Loan Notes, to the amount of not to exceed $850,000 be authorized for said purposes; and WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.443 of the Code of Iowa, 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 said Notes for such purposes; and
WHEREAS, the above mentioned Notes were heretofore sold and action should now be taken to issue said Notes conforming to the terms and conditions of the best bid received at the sale.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, STATE OF IOWA:
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 created in Section 3 of this Resolution.
• "Notes" shall mean $1,364,260 General Obligation Capital Loan Notes, Series 2018, 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:
a) miscellaneous improvement, repair, maintenance and replacement projects at public buildings, including the Courthouse, Law Enforcement Center, Prairie Hills Facility Anthon Courthouse and WCICC; and
b) peace officer communication equipment and other emergency services communication equipment and systems.
• "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 Notes.
• "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the County 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.
Levy and Certification of Annual Tax; Other Funds to be Used. 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
$306,495* 2018/2019
$301,774 2019/2020
$294,544 2020/2021
$287,313 2021/2022
$280,083 2022/2023
* A levy has been included in the budget previously certified and will be used together with available County funds to pay the principal and interest of the Note coming due in fiscal year 2018/2019.
(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2018 will be collected during the fiscal year commencing July 1, 2019.)
Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Woodbury County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the County are collected, and when collected be used for the purpose of paying principal and interest on said Notes issued in anticipation of the tax, and for no other purpose whatsoever.
Additional County Funds Available. Principal and interest coming due at any time when the proceeds of said 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.
Note Fund. Said 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 NO. 1" (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 said fund its proportion of taxes received by the County from property that is centrally assessed by the State of Iowa.
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 therefrom for the purposes of issuance. 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.
Investment of Note Fund Proceeds. All moneys held in the Note Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2018, 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, 2018, 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.
Note Details, Execution and Redemption.
Note Details. General Obligation Capital Loan Notes of the County in the amount of $1,364,260, 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 for the aforesaid purposes. The Notes shall be issued in one or more series and shall be 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 2018", be dated June 26, 2018, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2018, 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 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 be in the denomination of $100,000 or multiples thereof. The Notes shall mature and bear interest as follows:
Principal Amount Interest Rate Maturity June 1st
$272,852 2.650% 2019
$272,852 2.650% 2020
$272,852 2.650% 2021
$272,852 2.650% 2022
$272,852 2.650% 2023
Redemption. The Notes are not subject to redemption prior to maturity.
Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.
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 Note 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 and Section 331.446 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Notes and in this Resolution.
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.
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.
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.
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.
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.
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.
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.
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. Upon receipt of the final payment of principal, the holder of the Note shall surrender the Note to the Paying Agent.
Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Chairperson and Auditor shall execute the Notes by their manual or authorized signature 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.
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.
Form of Note. Notes shall be printed substantially in the form as follows:
"STATE OF IOWA"
"COUNTY OF WOODBURY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 2018"
ESSENTIAL COUNTY PURPOSE
Rate: 2.650%
Maturity: June 1, 2023
Note Date: June 26, 2018
CUSIP No.: n/a
"Registered"
Certificate No. 1
Principal Amount: $1,364,260
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
(Registration panel to be completed by Registrar or Printer with name of Registered Owner).
or registered assigns, the principal sum of (enter principal amount in long form) 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 Woodbury County Treasurer, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2018, 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, for the purpose of paying costs of:
a) miscellaneous improvement, repair, maintenance and replacement projects at public buildings, including the Courthouse, Law Enforcement Center, Prairie Hills Facility Anthon Courthouse and WCICC; and
b) peace officer communication equipment and other emergency services communication equipment and systems,
and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated the date hereof, in conformity to a Resolution of the Board of said County duly passed and approved. For a complete statement of the funds from which and the conditions under which this Note is payable, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution.
The Notes are not subject to redemption prior to maturity.
Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the Woodbury 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 Section 331.446 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Note Resolution.
This Note is a "qualified tax-exempt obligation" designated by the County for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
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 such taxes have been 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.
IN TESTIMONY WHEREOF, the Issuer by its Board, has caused this Note to be signed by the manual or facsimile signature of its Chairperson and attested by the manual or facsimile signature of its County Auditor, with the seal of the County printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the County Treasurer, Sioux City, Iowa.
Date of authentication:_______________________
5This is one of the Notes described in the within mentioned Resolution, as registered by the County Treasurer.
COUNTY TREASURER, Registrar
By: ______________________________________________
Authorized Signature
Registrar and Transfer Agent: County Treasurer
Paying Agent: County Treasurer
SEE REVERSE FOR CERTAIN DEFINITIONS
(Seal)
(Signature Block)
WOODBURY COUNTY, STATE OF IOWA
By: ___________(manual or facsimile signature)_____________ Chairperson
ATTEST:
By: ___________(manual or facsimile signature)_____________ County Auditor
(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 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 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
(End of form of Note)
Loan Agreement and Closing Documents. 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. The Chairperson and County Auditor are authorized and directed to execute, attest, seal and deliver for and on behalf of the County any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution.
Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said County and the purchaser of the Notes.
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 notes within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Notes it will comply with the requirements of statutes 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 notes.
Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Notes. The form of Tax Exemption Certificate is approved. 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 County Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date.
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.
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.
Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Notes as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of the United States, the Issuer hereby designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and qualified 501(c)(3) obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars.
Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
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.
PASSED AND APPROVED this 12th day of June, 2018.
WOODBURY COUNTY BOARD OF SUPERVISORS
Motion by Ung second by Taylor to approve the encumbrance of $81,442 from FY18 CIP to FY19 CIP. Carried 5-0. Copy filed.
Motion by Taylor second by Radig to approve the contract for project #CP-2018 with Metal Culverts for $82,766.48. Carried 5-0. Copy filed.
Motion by De Witt second by Radig to approve the contract with I&S Group for obtaining easements for the Bennett McDonald Smithland levee district. Carried 5-0. Copy filed.
The Board received information on the Siouxland District Health – HVAC Facility Study. Copy filed.
Motion by De Witt second by Taylor to approve Goldberg Group Architects proposal dated May 3, 2018, in the amount of $11,300.00. Carried 5-0. Copy filed.
Motion by De Witt second by Ung to seek competitive bids for Trosper Hoyt Juvenile Detention Kitchen & Laundry Project. Carried 5-0. Copy filed.
The Board heard reports on committee meetings.
Flora Lee, Sioux City, asked for clarification of an issue dealing with the mental health region.
Board concerns were heard.
The Board adjourned the regular meeting until June 19, 2018.
Meeting sign in sheet. Copy filed.
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