Minutes - 6/2/1998

JUNE 2, 1998 – FIFTIETH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, June 2, 1998 at 9:00 A.M. Board members present were Batcheller, Boykin, Burnight, Clausen and Welte. Staff members present were Nancy Hodge, Board Administrative Coordinator, Patrick F. Gill, County Auditor/Board Secretary, and Ann Long, Assistant Attorney.

The Claims were approved as presented.

Meeting called to order.

Motion by Burnight second by Clausen to approve the minutes of the regular Board Minutes of May 26, 1998. Carried 5-0.

Motion by Batcheller second by Clausen to approve the minutes of Executive Session of May 26, 1998. Carried 5-0.

The Board approved the 24 hrs./wk to 32 hrs./wk. eligible for full-time benefits, of Janna L. Widman, Part-time Secretary, Disaster Services, @$9.07/hr., effective 7/1/98. Copy filed.

The Board approved the appointment of Korey C. VonderLieth, Correctional Officer, County Sheriff, @$9.63/hr., effective 6/08/98. Copy filed.

The Board approved the appointment of Eric D. France, Correctional Officer, County Sheriff, @$9.63/hr., effective 6/15/98. Copy filed.

The Board approved the appointment of Cheryl J. Mahnke, Case Manager, Social Services, @$22,000/year, effective 6/15/98. Copy filed.

The Board approved the appointment of Lucinda A. Zellers, Case Manager, Social Services, @$22,000/year, effective 6/15/98. Copy filed.

Motion by Boykin second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #626220 on June 16, 1998 at 10:15 A.M. Carried 5-0

RESOLUTION #9070
NOTICE OF PROPERTY SALE

Parcel # 626220

WHEREAS Woodbury County, Iowa is the owner under a tax deed of a certain parcel of real estate described as:

The South Twenty-five Feet (S 25’) of North Forty-seven Feet (N 47’) of Lots Ten (10), Eleven (11), and Twelve (12) in block Five (5) in City of Pierson, Woodbury County, Iowa

NOW THEREFORE,

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

Resolution #9070 cont’d.

1. That a public hearing on the aforesaid proposal shall be held on the 16th day of June, 1998, at 10:15 o’clock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. That said Board proposes to sell the said parcel of real estate at a public auction to be held on the 16th day of June, 1998, immediately following the closing of the public hearing.

3. That said Board proposes to sell the said real estate to the highest bidder at or above a total minimum bid of $234.00 plus recording fees.

4. That this resolution, preceded by the caption “Notice of Property Sale” and except for this subparagraph 4 be published as notice of the aforesaid proposal, hearing and sale.

Dated this 2nd day of June, 1998.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.
The Public Hearing and sale of Real Estate Parcel #001950 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #001950 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #001950. Alicia Dawdy bid $184.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Burnight to accept Alicia Dawdy’s $184.00 bid plus recording fees for Real Estate Parcel #001950. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9071

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

ALICIA AND JEFF DAWDY, HUSBAND AND WIFE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON

in the sum of ONE HUNDRED EIGHTY FOUR AND NO/100 ($184.00) Dollars for the following described real estate to wit

SOUTH FOUR FEET (S 4’) WEST FORTY-NINE FEET (W 49’) LOT FIVE (5) AND WEST FORTY-NINE FEET (W 49’) LOT SIX (6) BLOCK EIGHT (8) SIOUX CITY ADDITION, CITY OF SIOUX CITY WOODBURY COUNTY, IOWA

Resolution #9071 cont’d.

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 taxes previously levied or set on this parcel(s).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #026340 was held at 10:16 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Burnight second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #026340 to the city of Sioux City only. Carried 5-0.

Motion by Burnight second by Boykin to sell Real Estate Parcel #026340 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9072

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

LOT THREE (3) IN BLOCK SIXTY-TWO (62) OF THE SIOUX CITY EAST ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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.

Resolution #9072 cont’d.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #074205 was held at 10:17 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #074205 to the city of Sioux City only. Carried 5-0.

Motion by Batcheller second by Clausen to sell Real Estate Parcel #074205 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9073

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

LOT TEN (10), ELEVEN (11), AND TWELVE (12) IN BLOCK TWENTY-FIVE (25) OF BOOGES AND TAYLOR ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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.

Resolution #9073 cont’d.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #141375 was held at 10:18 A.M. The chairman called on anyone wishing to be heard on said sale.

Pam Cook spoke in opposition to the sale of Parcel #141375

Motion by Clausen second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #141375. Carried 5-0.

Motion by Burnight second by Boykin to decline the sale of Parcel #141375. Carried 5-0.

The Public Hearing and sale of Real Estate Parcel #130305 was held at 10:19 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Burnight to close the Public Hearing on the sale of Real Estate Parcel #130305 to the city of Sioux City only. Carried 5-0.

Motion by Batcheller second by Boykin to sell Real Estate Parcel #130305 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9074

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

THE NORTH SIXTY-FIVE (N 65’) OF LOTS THIRTEEN (13) AND FOURTEEN (14) IN BLOCK TEN (10) OF SIOUX CITY DAVIS ADDITION TO CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Resolution #9074 cont’d.

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, interest, 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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #269625 was held at 10:20 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Burnight to close the Public Hearing on the sale of Real Estate Parcel #269625 to the city of Sioux City only. Carried 5-0.

Motion by Burnight second by Clausen to sell Real Estate Parcel #269625 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9075

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

LOT SEVEN (7) IN BLOCK FIFTY-SIX (56) OF THE HORNICKS THIRD ADDITION TO CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, costs and penalties against the said real estate.

Resolution #9075 cont’d.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #285690 was held at 10:21 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Batcheller to close the Public Hearing on the sale of Real Estate Parcel #285690 to the city of Sioux City only. Carried 5-0.

Motion by Clausen second by Burnight to sell Real Estate Parcel #285690 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9076

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

WEST ONE HUNDRED FEET (W 100’) OF LOT SIX (6) IN BLOCK ONE (1) OF KIRKS ADDITION, CITY SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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.

Resolution #9076 cont’d.

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).

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #326570 was held at 10:22 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #326570 to the city of Sioux City only. Carried 5-0.

Motion by Burnight second by Boykin to sell Real Estate Parcel #326570 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9077

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

LOTS THREE (3) AND FOUR (4) BLOCK SEVEN (7) LONG VIEW ADDITION, CITY SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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).

Resolution #9077 cont’d.

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #510570 was held at 10:23 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Clausen to close the Public Hearing on the sale of Real Estate Parcel #510570 to the city of Sioux City only. Carried 5-0.

Motion by Batcheller second by Boykin to sell Real Estate Parcel #510570 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9078

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

WEST FIFTY FEET (W 50’) LOTS ONE-TWO (1-2) BLOCK FOUR (4) EXCEPT EAST ONE HUNDRED FEET (E 100’) NORTH HALF (N ½) LOT THREE (3) BLOCK FOUR (4), TREDWAYS ADDITION; WEST FIFTY FEET (W 50’) LOT ONE (1) BLOCK SIX (6) FRANKLINS 2ND ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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).

Resolution #9078 cont’d.

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #528225 was held at 10:24 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Burnight second by Boykin to close the Public Hearing on the sale of Real Estate Parcel #528225 to the city of Sioux City only. Carried 5-0.

Motion by Clausen second by Burnight to sell Real Estate Parcel #528225 to the City of Sioux City for $1.00 plus recording fees. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9079

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer of: CITY OF SIOUX CITY

in the sum of ONE AND NO/100 (1.00) Dollars for the following described real estate, to wit:

LOTS FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9) AND TEN (10) OF BELLEVUE ADDITION, LOTS TEN (10) OF WEBBS SUB DIVISION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

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, interest, 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).

Resolution #9079 cont’d.

WHEREAS, the Board of Supervisors has determined that the transfer of and the intended use of the real property is for a public purpose in accordance with other State laws, and as such, conveys the property legally described above to the purchaser according to Code of Iowa 331.361(3).

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

SO DATED this 2ND day of JUNE, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Burnight to repair the closed bridge on Route K-64 (Haskell Avenue). Failed 1-4. Welte Aye.

Motion by Batcheller to close the bridge. Motion died for lack of second.

The consensus was to have the engineer bring to the Board a list of roads with dust problems and recommendations regarding the complaints.

Motion by Clausen second by Burnight to authorize Sheriff David Amick to sign a Grant Award for the State Criminal Alien Assistance Program. Carried 5-0.

Motion by Boykin second by Batcheller to designate money for the jail overcrowding and courthouse security. Carried 5-0.

Motion by Boykin second by Clausen to authorize the Chairman to sign the renewal of the Child Support Contract for FY ‘99. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign a 90-day lease agreement with revision with Sioux City American Indian Center. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to approve the request from the City to use the first floor of the Courthouse as a meeting place for employees in case of an emergency. Carried 5-0.

Motion by Boykin second by Batcheller to authorize the Chairman to sign a 28E Agreement for school based probation officers with Sioux City Community School District. Carried 5-0. Copy filed.

Motion by Burnight second by Batcheller to authorize the Chairman to sign a 28E Agreement for school based Probation Officers with Sergeant Bluff School District. Carried 4-0. Clausen abstained. Copy filed.

Motion by Boykin second by Welte to approve a request for space at the Trosper-Hoyt County Services Building for an alternative school for highly at-risk youth. Carried 5-0.

Motion by Batcheller second by Burnight to approve the final plats for Shadeland County Estates Subdivision, Jack Cook Farm. Carried 4-1. Clausen nay.

Motion by Clausen second by Boykin to approve a resolution abating taxes and interest on property purchased by Conservation Board and to receive for signatures. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #9080

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Woodbury County Conservation Board is the title holder of real estate Parcels #673335 and #673305 located in the City of Pierson, Iowa and legally described as follows:

The Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼) and the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼); of Section Two (2), Township Eighty-six (86), Range Forty-four (44) West of the fifth (5) Principal Meridian, in the County of Woodbury and State of Iowa

WHEREAS, the above state property has taxes owing for September 1, 1997 and March 1, 1998, and the parcel is owned by a political subdivision of the state; and

WHEREAS, political subdivision, namely the Woodbury County Conservation Board is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County, Board of Supervisors hereby abates the taxes owning on the above parcel according to Code of Iowa, 445.63, and hereby directs the Woodbury County, Treasurer to abate these aforementioned taxes from the tax records.

SO RESOLVED this 2nd day of June, 1998.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign a resolution for the Issuance and Sale of Revenue Bonds pursuant to Chapter 419 of the Code of Iowa, on behalf of Siouxland Regional Cancer Center, an Iowa nonprofit corporation. Carried 5-0.

REOLUTION NO 9081

A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF REVENUE BONDS
PURSUANT TO CHAPTER 419 OF THE CODE OF IOWA,
ON BEHALF OF SIOUXLAND REGIONAL CANCER CENTER,
AN IOWA NONPROFIT CORPORATION

BE IT RESOLVED by the Board of Supervisors of the County of Woodbury (the “County”), as follows:

Resolution #9081 cont’d.

Section 1. Authority. The County is, by the Constitution and laws of the State of Iowa, including Chapter 419 of the Code of Iowa, as amended (the “Act”), authorized to issue and sell its variable rate revenue bonds and taxable variable rate revenue bonds for the purpose of refinancing costs of authorized projects and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act.

Section 2. Authorization of Project; Documents Presented. Siouxland Regional Cancer Center, an Iowa nonprofit corporation (the “Borrower”), has proposed to this Board that the County issue and sell its variable rate Demand Purchase Revenue Bonds (Siouxland Regional Cancer Center Project), Series 1998A (the Series 1998A Bonds) and its Taxable Variable Rate Demand Purchase Revenue Bonds (Siouxland Regional Cancer Center Project), Series 1998B (the “Series 1998B Bonds” and with the Series 1998A Bonds, the “Bonds”), in substantially the form set forth in the hereinafter mentioned 1998A Trust Indenture and 1998B Trust Indenture (described below) pursuant to the Act, and loan the proceeds thereof to the borrower in order to refinance costs incurred in the initial acquisition, construction and equipping of the Borrower’s regional cancer center facilities located at 230 Nebraska Street in the City of Sioux City (the “Project”). The Bonds are to be issued for the specific authorized purpose of causing to repay an outstanding Term Note, dated as of December 1, 1997, executed by the Borrower in favor of Norwest Bank Iowa, National Association. The Term Note bears interest at a rate of 7% per Annum with an original principal amount of $9,870,000.

Forms of the following documents relating to the Bonds have been submitted to the County and are now on file in the office of the Board Administrator:

(a) Loan Agreement dated as of May 1, 1998, entered into between the Borrower and the County, relating to the Series 1998A Bonds (the “1998A Loan Agreement”) and the Loan Agreement dated as of May 1, 1998, entered into between the Borrower and the County, relating to the Series 1998B Bonds (the “1998B Loan Agreement” and together with the 1998A Loan Agreement, the “Loan Agreements”), whereby the County agrees to make loans to the Borrower of the gross proceeds of sale of the Series 1998A Bonds and Series 1998B Bonds and the Borrower agrees to complete the refinancing of the Project, and to pay or cause to be paid amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1998A Bonds and the Series 1998B Bonds; and

(b) Indenture of Trust dated as of May 1, 1998, between the County and Norwest Bank Minnesota, National Association, as Trustee, relating to the Series 1998A Bonds (the “1998A Indenture”) and the Indenture of Trust dated as of May 1, 1998, between the County and Norwest Bank Minnesota, National Association, as Trustee, relating to the Series 1998B Bonds (the “1998B Indenture” and together with the 1998A Indenture, the “Indentures”), setting forth the terms and provisions of the Bonds, and pledging revenues, including those to be derived from the Letter of credits (described below) and from the Loan Agreements, as security for the Bonds, and setting forth proposed recitals, covenants and arrangements relating thereto; and

(c) Irrevocable Letter of Credit relating to the Series 1998A Bonds (the “1998A Letter of Credit”) and Irrevocable Letter of Credit relating to the Series 1998B Bonds (the “1998B Letter of Credit” and together with the 1998A Letter of Credit, the “Letters of Credit”), to be issued by Norwest Bank Minnesota, National Association (the “Bank”) to the Trustee, supporting payment, inter alia, of the principal of and interest on the Bonds (these documents are not to be executed by the County); and

Resolution #9081 cont.d

(d) Remarketing Agreement relating to the Series 1998A Bonds dated as of May 1, 1998, between Norwest Investment Services, Inc., as Remarketing Agent, (the “Remarketing Agent”) and the Borrower (the “1998A Remarketing Agreement”) and Remarketing Agreement relating to the Series 1998B Bonds dated as of May 1, 1998, between the Remarketing Agent and the Borrower (the “1998B Remarketing Agreement” and together with the 1998A Remarketing Agreement, the “Remarketing Agreements”), providing for the remarketing of the Bonds from time to time, as provided for in the Indentures, and as further provided therein (These documents are not to be executed by the County); and

(e) Bond Purchase Agreement dated as of May 1, 1998, by and between Norwest Investment Services, Inc. (the “Underwriter”), the Borrower, and the County, relating to the Series 1998A Bonds (the “1998A Bond Purchase Agreement”) and the Bond Purchase Agreement dated as of May 1, 1998, by and between the Underwriter, the Borrower, and the County, relating to the Series 1998B Bonds (the “1998B Bond Purchase Agreement” and together with the 1998A Bond Purchase Agreement, the “Bond Purchase Agreements”), providing for the purchase of the Series 1998A Bonds and the Series 1998B Bonds from the County by the Underwriter and setting the terms and conditions of purchase; and

(f) Form of Official Statement relating to the Series 1998A Bonds (the “1998A Official Statement”) and form of Official Statement dated relating to the Series 1998B Bonds (the “1998B Official Statement”), including all appendices thereto (together referred to as the “Official Statements”), describing the offering of the Series 1998A Bonds and the Series 1998B Bonds, and certain terms and provisions of the foregoing documents.

Section 3. Findings. It is hereby found, determined and declared that:

(a) The Project constitutes a project authorized by and described in the Act.

(b) There is no litigation pending or, to the best of its knowledge, threatened against the County relating to the Project or to the Bonds, the Loan Agreements, the Bond Purchase Agreements or the Indentures or questioning the organization, powers or authority of the County.

(c) The execution, delivery and performance of the County’s obligations under the Bonds, the Trust Indentures, the Bond Purchase Agreements and the Loan Agreements do not and will not violate any order of any court or other agency of government of which the county is aware or in which the County is a party, or any indenture, agreement or other instrument to which the County is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument.

(d) It is desirable that the bonds be issued by the County upon the terms set forth in the Indentures, under the provisions of which the County’s interests in the Loan Agreements (except for rights of the County to indemnity and repayment of expenses and advances) will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds.

(e) The loan Agreements provide for payments by or on behalf of the Borrower to the Trustee for the account of the County of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreements obligate the Borrower to pay for or cause to be paid all costs of operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments.

Resolution #9081 cont’d.

(f) Under the provisions of the Act, and as provided in the Loan Agreements and Indentures, the Bonds are not to be payable from nor charged upon any funds of the County other than amounts payable by the Borrower pursuant to the Loan Agreements and related security provided in connection therewith, and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the Bonds shall never constitute an indebtedness of the County within the meaning of any state constitutional provision or statutory limitation; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the County to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the County (other than the County’s interests in the Loan Agreements assigned to the trustee pursuant to the Indentures); the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the County (other than the County’s interest in the Loan Agreements assigned to the Trustee pursuant to the Indentures); and each the Series 1998A Bond and Series 1998B Bond shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the County.

Section 4. Approval and Execution of Documents. The forms of Loan Agreements, Indentures, and Bond Purchase Agreements, referred to in Section 2, are approved. The Loan Agreements, Bond Purchase Agreements and Indentures are hereby authorized and directed to be executed in the name and on behalf of the County by the Chairman and the Secretary, or other officers of the County, in substantially the forms on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee or other proper party or parties: Copies of all documents shall be delivered and filed as provided therein.

Section 5. Approval, Execution and Delivery of Bonds. The County is hereby authorized and directed to proceed forthwith to issue the Series 1998A Bonds in an aggregate principal amount of not to exceed $6,900,000, and the Series 1998B Bonds in an aggregate principal amount of not to exceed $5,000,000, provided, however, that the aggregate principal amount of the Series 1998A Bonds and the Series 1998B Bonds together shall not exceed $10,600,000. The Series 1998A Bonds will be in the form and upon the terms set forth or to be set forth in the Series 1998A Indenture, as such Indenture is to be executed and delivered pursuant to the provisions of this Resolution, and which terms accordingly approved and authorized by this Resolution and made a part hereof; provided, however, that, in no event, shall the final maturity of the Series 1998A Bonds exceed 30 years or the initial rate of interest on the Series 1998A Bonds be in excess of 7.00% per annum. The Series 1998B Bonds will be in the form and upon the terms set forth or to be set forth in the Series 1998B Indenture, as such Indenture is to be executed and delivered pursuant to the provisions of this Resolution, and which terms are accordingly approved and authorized by this Resolution and made a part hereof; provided, however, that, in no event, shall the final maturity of the Series 1998B Bonds exceed 30 years or the initial rate of interest on the Series 1998B Bonds be in excess of 10.00% per annum. The Chairman and Secretary and other County officers are hereby authorized to execute the Bonds as prescribed in the Indentures and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.08 of the Indentures, for authentication, registration and delivery to the Underwriter. As provided in the Indentures, each Series 1998A Bond and Series 1998B Bond shall contain a recital that it is issued pursuant to the Act, and, to the extent permitted by law, such recital shall be conclusive evidence of the validity and regularity of the issuance thereof.

Section 6. Official Statements. The County hereby consents to the circulation by the Underwriter of the Official Statements in offering the Bonds for sale; provided, however, that the County has not participated in the preparation of either of the Official Statements and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information.

Resolution #9081 cont’d.

Section 7. Certificates, etc. The Chairman, Secretary and other officers of the County are hereby authorized to prepare and furnish to bond counsel and the purchaser of the Bonds certified copies of all proceedings and records of the County relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements contained therein.

Section 8. Qualified Tax-Exempt Obligations. The Series 1998A Bonds are hereby designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). The Series 1998A Bonds are to be issued on behalf of an organization described in Section 501(c)(3) of the Code and are to be issued as “qualified 501(c)(3) bonds” under Section 145 of the Code. The County, together with all subordinate entities thereof, does not reasonably expect to issue tax-exempt obligations, including the Series 1998A Bonds (other than private activity bonds not constituting “qualified 501 (c)(3) bonds”), which, when added together with all such obligations heretofore issued by the County, or such subordinate entities, in calendar year1998, will be in an aggregate amount exceeding $10,000,000 in calendar year 1998, all within the meaning of Section 265(b)(3) of the Code.

Adopted: June 2, 1998

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed

Motion by Burnight second by Batcheller to go into Executive Session per Iowa Code Section 21.9. Carried 5-0 on roll call vote.

Motion by Boykin second by Batcheller to go out of Executive Session. Carried 5-0 on roll call vote.

Mr. Clausen excused himself at 12:15 P.M.

Motion by Batcheller second by Boykin to direct the Siouxland District Health Board to bring the employee benefit package into compliance with the rest of county employees. Carried 4-0.

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code 21.5(1)(j) at the request of an employee. Carried 4-0 on roll call vote.

Motion by Boykin second by Burnight to go out of Executive Session. Carried 4-0 on roll call vote.

The Board adjourned the meeting until June 9, 1998.

---