Minutes - 2/16/1999

FEBRUARY 16, 1999 – THIRTY-FIRST MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, February 16, 1999 at 9:00 A.M. Board members present were Clausen, Walish and Welte. Batcheller and Boykin absent. Staff members present were Nancy Hodge, Board Administrative Coordinator, Ann Long, Assistant County Attorney and Patrick F. Gill, County Auditor/Board Secretary.

The Claims were approved as presented.

Meeting called to order.

Motion by Welte second by Walish to approve the Board minutes of February 9, 1999 as submitted. Carried 3-0.

Motion by Welte second by Walish to approve the minutes of Executive Session #1 of February 2, 1999 as submitted. Carried 3-0.

Motion by Welte second by Walish to approve the minutes of Executive Session #2 of February 2, 1999 as submitted. Carried 3-0.

Motion by Walish second by Welte to approve the minutes of Executive Session #3 of February 2, 1999 as submitted. Carried 3-0.

Motion by Walish second by Welte to approve the minutes of Executive Session #4 of February 2, 1999 as submitted. Carried 3-0.

There was open discussion period held by the Board.

The Board approved the separation of Kristina L. Strassner, Custodian , Building Services, effective 2/9/99. Copy filed.

The Board approved the reclassification of Dean E. Neal, Mapping Coordinator/Deputy, County Auditor/Recording, effective 2/8/99, $37,696/yr. Per County Auditor/Recorder’s Deputy designation. Copy filed.

Motion by Welte second by Walish to authorize the Chairman to sign the Authorization to Initiate Hiring Process for Custodian, Building Services, AFSCME Cthouse./ Grade 1, Step 1: $7.35/hr. Carried 3-0. Copy filed.

Motion by Welte second by Walish to approve and receive for signatures a resolution authorizing embargoing of various county roads. Carried 3-0.

RESOLUTION NO. 9150

WHEREAS, the Board of Supervisors of Woodbury County believe that certain secondary roads in Woodbury County, Iowa, which are paved or unpaved, will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereon reduced, and

WHEREAS, Chapter 321, Section 321.471 of the Code of Iowa, gives said Board the power to prohibit the operation of said vehicles on such roads, and to impose restrictions as to the weight of vehicles on said roads,

NOW THEREFORE BE IT RESOLVED by the Woodbury County Board of Supervisors, duly assembled, that, where signs are erected on a highway stating the weight limit beyond which vehicles are restricted from operation on said highway, operation of vehicles weighing in excess of said weight limit is prohibited on said highway.

IT IS FURTHER RESOLVED that the said secondary roads subject to this resolution are more particularly described in EXHIBIT “A”, attached thereto and by this reference made a part hereof.

The effective date of this Resolution is February 19, 1999 through and including May 28, 1999.

Dated this 16th day of February 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to authorize Chairman to sign Contract for 1999 Maintenance Gravel Program. Carried 3-0. Copy filed.

Motion by Welte second by Walish to authorize Chairman to sign Utility Accommodation Permit. Carried 3-0. Copy filed.

Motion by Welte second by Walish to approve the recommendation of the County Engineer to accept the bid for dump boxes, hoists and hydraulics from Northern Truck Equipment for $30,470. Carried 3-0. Copy filed.

Motion by Welte second by Walish to approve the recommendation of the County Engineer to accept the bid for snowplows from Swaney Equipment Company for $13,408. Carried 3-0. Copy filed.

Motion by Welte second by Walish to approve the recommendation of the County Engineer to accept the bid for slide-in-v-box material spreaders from Swaney Equipment Company for $14,990. Carried 3-0. Copy filed.

The Chairman asked for and received unanimous consent to consider an item not on the agenda due to timing of a safety issue.

Motion by Welte second by Walish to close a portion of Stone Avenue until April 5th for bridge pier construction. Carried 3-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #070140 was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Walish second by Welte to close the Public Hearing on the sale of Real Estate Parcel #070140 to the City of Sioux City only as there was no one present wishing to be heard on said sale. Carried 3-0.

Motion by Walish second by Welte to accept bid for Real Estate Parcel #070140 from the City of Sioux City only for $53 plus recording fees. Carried 3-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA #9151

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

in the sum of FIFTY-THREE AND NO/100 ($53.00) Dollars for the following described real estate to wit:

LOT A IN BEVERLY HILLS 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 EQUAL 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).

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 16THday of February, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcels #469590, 469605, and 469620 was held at 10:16 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Welte second by Walish to close the Public Hearing on the sale of Real Estate Parcels 469590, 469605, 469620 as there was no one present wishing to be heard on said sale. Carried 3-0.

Chairman called for bids on Real Estate Parcels #469590, 469605, and 469620. Jonathon D. Woodbury bid $2,400.00 plus recording fees. There were no further bids.

Motion by Welte second by Walish to accept Jonathon D. Wood’s $2,400 bid for Real Estate Parcels #469590. 469605, and 469620. Carried 3-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IWA #9152

BE IT RESOVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of: JONATHON D. WOOD

in the sum of TWO THOUSAND FOUR HUNDRED AND NO/100 ($2,400.00) Dollars for the following described real estate to wit:

LOTS SEVENTEEN (17) AND EIGHTEEN (18) BLOCK FOUR (4) VACATED ALLEY BETWEEN LOTS ONE (1) AND TWO (2) AND SEVENTEEN (17) AND EIGHTEEN (18) BLOCK FOUR (4) VACATED WOOD STREET BETWEEN LOTS ONE (1) AND TWO (2) BLOCK (5) LOTS SEVENTEEN (17) AND EIGHTEEN (18) BLOCK FOUR (4) EXCEPT WEST THIRTY (30) FEET LOTS ONE (1) LOT TWO (2) BLOCK FIVE (5) SMITHS VILLA HEIGHTS 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, 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 Quitclaim Deed for the said premises to the said purchaser.

SO DATED this 16THday of February, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve lifting of Tax Suspensions for M.S. Carried 3-0. Copy filed.

Motion by Welte second by Walish to approve lifting of Tax Suspensions for M.L. Carried 3-0.Copy filed.

Board Member WELTE introduced the following Resolution entitled "RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $800,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1999, AND LEVYING A TAX TO PAY THE NOTES" and moved that it be adopted. Board Member WALISH seconded the motion to adopt, and the roll being called thereon, the vote was as follows: 3 –0.

9153
RESOLUTION APPROVING AND AUTHORIZING A FORM
OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING
FOR THE ISSUANCE OF $800,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1999, AND LEVYING A
TAX TO PAY THE NOTES

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

WHEREAS, the Issuer is in need of funds to pay costs of furnishing and remodeling the Trosper-Hoyt County Services Building, an essential county purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, Series 1999, in the amount of $800,000 be issued for said purpose; and

WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.443 of the Code of Iowa, as amended, this Board has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Notes, and the Board is therefore now authorized to proceed with the issuance of the Notes:

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

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

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

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

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

"Notes" shall mean $800,000 General Obligation Capital Loan Notes, Series 1999 authorized to be issued by this Resolution.

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

"Project" shall mean the costs of furnishing and remodeling the Trosper-Hoyt County Services Building.

"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 be the office of the County Treasurer of Sioux City, 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.

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

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

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

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

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, Iowa, to?wit:

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

$179,908 1999/2000
$181,678 2000/2001
$180,633 2001/2002
$184,233 2002/2003
$182,263 2003/2004

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1998, will be collected during the fiscal year commencing July 1, 1999).

(b) Additional County Funds Available. Principal and interest coming due at anytime 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.

Section 4. 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 1999 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 railway, express, telephone and telegraph Department of Revenue.

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

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

Section 7. Note Details, Execution and Redemption.

(a) Note Details. General Obligation Capital Loan Notes, Series 1999, of the County in the total amount of $800,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 331.402 and 331.443 of the Code of Iowa, as amended, for the aforesaid purpose. The Notes shall be issued in one or more series and shall be on a parity and secured equally and ratably from the sources provided in Section 3 of this Resolution. The Notes shall be designated "GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 1999 NO. 1", be dated March 1, 1999, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1999, 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 signature of the Chairperson and attested by the manual signature of the County Auditor, and impressed 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 denominations and shall mature and bear interest as follows:

Interest Principal Maturity
Rate Amount June 1st
3.75% 140,000 2000
3.90% 155,000 2001
4.00% 160,000 2002
4.10% 170,000 2003
4.15% 175,000 2004

(b) Redemption. Notes maturing after June 1, 2001, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the County Treasurer, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1999, 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 next 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 Section 331.402 and 331.43 of the Code of Iowa, as amended, for the purpose of paying costs of furnishing and remodeling the Trosper-Hoyt County Services Building and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated February 16, 1999, in conformity to a Resolution of the Board of the Issuer duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution.

Notes maturing after June 1, 2001, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call.

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

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

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

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

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

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

*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.

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

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

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

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

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

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

Section 19. Qualified Tax?Exempt Obligations. For the sole purpose of qualifying the Notes as "Qualified Tax Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Notes as qualified tax?exempt obligations and represents that the reasonably anticipated amount of tax exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars.

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

PASSED AND APPROVED this16th day of February, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve the Tax Exemption Certificate for the notes. Carried 3-0 on a roll-call vote. Copy filed.

Motion by Welte second by Walish to authorize the Chairman to sign all documents pertaining to the Issuance of the Capital Loan Notes. Carried 3-0. Copies on file.

The Public Hearing for City of Salix/County of Woodbury for reissuance of bonds issued in 1997 was held at 10:30 A.M.

Motion by Welte second by Walish to close the Public Hearing for reissuance of bonds issued in 1997. Carried 3-0.

Motion by Welte second by Walish to approve a resolution for issuance of certain revenue bonds totaling $7,700,000 to refinance certain pollution control facilities. Carried 3-0.
RESOLUTION 9155
A RESOLUTION approving the issuance by the City of Salix, Iowa of certain revenue bonds to refund bonds previously issued to finance certain pollution control facilities.
WHEREAS, pursuant to notice published on February 2, 1999, in the Sioux City Journal, a newspaper of general circulation in Woodbury County, Iowa (the “County”), the Board of Supervisors of Woodbury County, Iowa has on the date hereof conducted a public hearing to consider a plan of financing consisting of the proposed issuance by the City of Salix, Iowa (the “City”) of its Variable/Fixed Rate Demand Pollution Control Refunding Revenue Bonds (Interstate Power Company Project) Series 1999 (the “Bonds”) in an aggregate principal amount of not to exceed $7,700,000 on behalf of Interstate Power Company, a Delaware corporation (the “Company”) to finance the costs of the Company’s undivided interest in certain pollution control facilities (the “Project”) related to Unit No. 4 of the George Neal Generating Station, located at 2761 Port Neal Circle, Sioux City, Iowa 51102; and
WHEREAS, the sole purpose of this Resolution is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and the County shall not be deemed to assume any liability whatsoever in connection with the Bonds; and
WHEREAS, under Section 147(f) of the Code, the approval of this Board of Supervisors is necessary to the proposed financing;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. The County has jurisdiction over the area in which the Project is located. This Board of Supervisors is the “applicable elected representative” of the County for purposes of satisfying Section 147(f) of the Code. The issuance of the Bonds by the City is hereby fully approved, and this Resolution constitutes the public approval required by Section 147(f) of the Code.
Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Section 3. Immediately after its adoption this Resolution shall be signed by the Chairperson and the County Auditor, shall be recorded in a book kept for that purpose and shall take immediate effect.
Passed and approved February 16, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve a resolution for issuance of certain revenue bonds totaling $3,136,000 to refinance certain pollution control facilities. Carried 3-0.
RESOLUTION 9156
A RESOLUTION approving the issuance by the City of Salix, Iowa of certain revenue bonds to refund bonds previously issued to finance certain pollution control facilities.

WHEREAS, pursuant to notice published on February 2, 1999, in the Sioux City Journal, a newspaper of general circulation in Woodbury County, Iowa (the “County”), the Board of Supervisors of Woodbury County, Iowa has on the date hereof conducted a public hearing to consider a plan of financing consisting of the proposed issuance by the City of Salix, Iowa (the “City”) of its Variable/Fixed Rate Demand Pollution Control Refunding Revenue Bonds (IES Utilities Inc. Project) Series 1999 (the “Bonds”) in an aggregate principal amount of not to exceed $3,136,000 on behalf of IES Utilities Inc., an Iowa corporation (the “Company”) to finance the costs of acquiring, improving and equipping certain pollution control facilities (the “Project”) located at Unit No. 3 of the George Neal Generating Station, 1151 260th Street, Sioux City, Iowa 51102 and currently owned and operated by the Company and MidAmerican Energy Company; and
WHEREAS, the sole purpose of this Resolution is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and the County shall not be deemed to assume any liability whatsoever in connection with the Bonds; and
WHEREAS, under Section 147(f) of the Code, the approval of this Board of Supervisors is necessary to the proposed financing;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. The County has jurisdiction over the area in which the Project is located. This Board of Supervisors is the “applicable elected representative” of the County for purposes of satisfying Section 147(f) of the Code. The issuance of the Bonds by the City is hereby fully approved, and this Resolution constitutes the public approval required by Section 147(f) of the Code.
Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Section 3. Immediately after its adoption this Resolution shall be signed by the Chairperson and the County Auditor, shall be recorded in a book kept for that purpose and shall take immediate effect.
Passed and approved February 16, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Walish to approve a resolution for issuance of certain revenue bonds totaling $8,064,000 to refinance certain pollution control facilities. Carried 3-0.
RESOLUTION 9157
A RESOLUTION approving the issuance by the City of Salix, Iowa of certain revenue bonds to refund bonds previously issued to finance certain pollution control facilities.

WHEREAS, pursuant to notice published on February 2, 1999, in the Sioux City Journal, a newspaper of general circulation in Woodbury County, Iowa (the “County”), the Board of Supervisors of Woodbury County, Iowa has on the date hereof conducted a public hearing to consider a plan of financing consisting of the proposed issuance by the City of Salix, Iowa (the “City”) of its Pollution Control Refunding Revenue Bonds (MidAmerican Energy Company Project) Series 1999 (the “Bonds”) in an aggregate principal amount of not to exceed $8,064,000 on behalf of MidAmerican Energy Company, an Iowa corporation (the “Company”) to finance the costs of acquiring, improving and equipping certain pollution control facilities (the “Project”) located at Unit No. 3 of the George Neal Generating Station, 1151 260th Street, Sioux City, Iowa 51102 and currently owned and operated by IES Utilities Inc. and the Company; and
WHEREAS, the sole purpose of this Resolution is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and the County shall not be deemed to assume any liability whatsoever in connection with the Bonds; and
WHEREAS, under Section 147(f) of the Code, the approval of this Board of Supervisors is necessary to the proposed financing;
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Woodbury County, Iowa, as follows:
Section 1. The County has jurisdiction over the area in which the Project is located. This Board of Supervisors is the “applicable elected representative” of the County for purposes of satisfying Section 147(f) of the Code. The issuance of the Bonds by the City is hereby fully approved, and this Resolution constitutes the public approval required by Section 147(f) of the Code.
Section 2. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Section 3. Immediately after its adoption this Resolution shall be signed by the Chairperson and the County Auditor, shall be recorded in a book kept for that purpose and shall take immediate effect.
Passed and approved February 16, 1999.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Welte to approve request to abate uncollectable taxes of buildings on leased lands and personal taxes assessed as real estate. Carried 3-0. Copy filed.

The Public Hearing was held at 10:45 A.M. regarding a rezoning request by Steve Sitzmann,

Motion by Welte second by Walish to close the public hearing for the rezoning request by Steve Sitzmann. Carried 3-0.

Motion by Walish second by Welte to approve the rezoning request by Steve Sitzmann. Carried 3-0.
RESOLUTION NO. 9154

WHEREAS the Board of Supervisors of Woodbury County, Iowa, has enacted a Zoning and Subdivision Ordinance on January 23, 1971, by Resolution No. 5714, being recorded in the Office of the Woodbury County Recorder, in Book 1263, page 9; and

WHEREAS the Board of Supervisors has received a report in respect to amending said Ordinance from the Woodbury County Zoning Commission which held hearing(s) on said amendment (2), all as by law provided; and which amendment(s) is/are attached hereto marked Item(s) ONE, and hereby made a part hereof; and

WHEREAS the Woodbury County Board of Supervisors has received said report, studied and considered the same, and has held hearings on said amendment)s), all as by law provided; and

WHEREAS the Woodbury County Board of Supervisors has concluded that the said amendment(s) to the aforesaid Zoning and Subdivision Ordinance is amended as shown on said Item(s) ONE

IT IS FURTHER RESOLVED that these amendment(s) to said Ordinance shall be in full force and affect from and after its passage, approval and publication, and that the County Auditor shall cause this Ordinance to be published in the Sioux City Journal and be recorded in the office of the Woodbury County Recorder.

Dated this 16th day of February, 1999

WOODBURY COUNTY BOARD OF SUPERVISORS

ITEM ONE (1)

Pursuant to Section 335 of the Code of Iowa, 1993, the Woodbury County Board of Supervisors will hold a public hearing to amend the Woodbury County Zoning and Subdivision Ordinance and/or Map for the Unincorporated Area of Woodbury County, Iowa, as follows:

Amendment to rezone from the AG (Agricultural) District to the CG-PD (General Commercial-Planned Development) District for a tract located in part of the SE1/4SE1/4 in Section 8 T89N, R46W of the 5th P.M. in the County of Woodbury State of Iowa.

Petitioner is Steve Sitzmann

Copy filed.

Motion by Walish second by Welte to approve consideration of Grady Marx’s subdivision waiver request. Carried 3-0.

The Board reviewed budget forms and publication forms.

Motion by Welte second by Walish to set the Public Hearing for the FY 1999-2000 budget for March 11, 1999 at 1:10 P.M. Carried 3-0.

There was discussion on the official newspaper publications for 1999.

Motion by Welte second by Walish to approve the appointment of Moville Record, Sergeant Bluff Advocate and Sioux City Journal as the three County Newspapers for legal publication. Carried 3-0.

There was discussion of short tem and long term capital improvement plans.

The Board adjourned the regular meeting until February 23, 1999.