Minutes - 3/21/2000

MARCH 21, 2000 THIRTY-FIFTH MEETING OF THE BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, March 21, 2000 at 9:00 A.M. Board members present were Clausen, Batcheller, Walish and Welte. Boykin was absent. Staff members present were Nancy Hodge, Board Administrative Coordinator, Victoria L. Ritz, Deputy, in the absence of Patrick F. Gill, Auditor/Clerk to the Board, and John Rusch, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Walish second by Batcheller to appoint Mr. Clausen as temporary chair. Carried 4-0.

There was an open discussion period held by the Board.

Motion by Walish second by Batcheller to approve the regular Board Minutes of March 14, 2000 as submitted. Carried 3-0. Welte abstained.

Motion by Batcheller second by Walish to approve the Executive Session Minutes of March 7, 2000 as submitted. Carried 3-0. Clausen abstained.

Motion by Walish second by Clausen to approve the Executive Session Minutes of March 14, 2000. Carried 2-0. Batcheller and Welte abstained.

The Board approved the separation of Douglas K. Burrell, Assistant County Attorney, County Attorneys Dept., effective 3-10-00. Revised separation date. Copy filed.

The Board approved the reclassification of Kevin W. Gosch, Correctional Officer, County Sheriffs Dept. @$13.34/hr., effective 3-20-00 per DSA Contract agreement, from Class 3 to Class 2. Copy filed.

The Board approved the separation of Steven P. Upton, F/T Youth Worker, Juvenile Detention, effective 3-16-00. Revised separation date. Copy filed.

Motion by Batcheller second by Welte to accept the net bid of $14,383.00 for the S-10 Blazer from Knoepfler Chevrolet, as recommended by the county engineer. Carried 4-0. Copy filed.

Jeff Harcum presented the Board with the Application for Substance Abuse Funding Grant. It was the consensus of the Board to table this issue until further information is received.

The Board discussed the appointment still required for Commission to Assess Damages Category D. Mr. Welte is researching for a possible applicant.

Motion by Batcheller second by Walish to lift a tax suspension on H. S. real estate property at 1406 Pacific St., Sioux City, IA. Carried 4-0. Copy filed.

The public hearing and sale of real estate Parcel #s 339345, 339360, and 339375 (2604, 2610, and 2612 Jay Avenue, Sioux City, IA) was held at 10:15 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Welte to close the public hearing on sale of real estate Parcel #s 339345, 339360, and 339375 as there was no one present wishing to be heard on said sale. Carried 4-0.

Chairman called for bids on real estate Parcels #s 339345, 339360, and 339375. Tom Reinsch bid $500.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Welte to accept Tom Reinschs $500.00 bid plus recording fees for real estate Parcel #s 339345, 339360, and 339375. Carried 4-0.

RESOLUTION OF THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA: #9267

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

THOMAS J. REINSCH, SINGLE PERSON, 2602 JAY AVE., SIOUX CITY, IOWA

in the sum of FIVE HUNDRED AND NO/100 ($500.00) ----------------------------------------------------------------------Dollars for

the following described real estate, to wit: _LOTS TWENTY-NINE (29), THIRTY (30), THIRTY-ONE (31) BLOCK ___

FIFTEEN (15) MARKS 3RD 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 ___21ST___day of _____MARCH __________, 2000__.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Gary Dumas presented an explanation of why the City of Sioux City is interested in the real estate Parcels #s 248850 and 248940.

Motion by Welte second by Walish to authorize the Chairman to sign Resolution No. 9268 setting a public hearing for sale of real estate Parcel #s 248850 and 248940 (2734 and 2722 Pavonia St., Sioux City, IA). Carried 4-0.

RESOLUTION # 9268

NOTICE OF PROPERTY SALE

Parcel #s 248850 & 248940

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

Lot One (1) and Lot Six (6) in Block Eleven (11) Higmans 2nd Lowell Addition, City of Sioux City, Woodbury County, Iowa (a.k.a. 2734 and 2722 Pavonia Street)

NOW THEREFORE,

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

1. That a public hearing on the aforesaid proposal shall be held on the
4th day of April, 2000, at 10:15 oclock a.m. in the meeting room of the Board of Supervisors on the first floor of the Woodbury County Courthouse.

2. The said Board proposes to sell the said parcel of real estate on
the 4th day of April, 2000, immediately following the closing of
the public hearing, to the City of Sioux City, Iowa only per Code
of Iowa 331.361(3).

3. That said Board proposes to sell the said real estate to the City of
Sioux City, Iowa, only for consideration of $111.00 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 21st day of March, 2000.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Batcheller to abate taxes on Parcel Nos: 990202, 983172, 641479, 880110, 641897, 641925, 642765, 642825, and 687675, which are uncollectable. Carried 4-0. Copy filed.

Motion by Welte second by Walish to authorize the Chairman to sign Resolution No. 9269
for the issuance of Revenue Bonds for Orpheum Theatre Preservation Project, Ltd. Project. Carried 4-0 by a roll call vote.

RESOLUTION NO. 9269

A RESOLUTION REGARDING THE ISSUANCE OF NOT TO EXCEED $3,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (ORPHEUM THEATRE PRESERVATION PROJECT, LTD. PROJECT) OF WOODBURY COUNTY, IOWA, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE, CALLING A PUBLIC HEARING ON THE PROPOSAL TO ISSUE SAID BONDS, AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND DECLARING AN OFFICIAL INTENT TO REIMBURSE

WHEREAS, the County of Woodbury, Iowa (the 'Issuer') is a municipal corporation organized and existing under the Constitution and laws of the State of Iowa, and is authorized and empowered by Chapter 419 of the Code of Iowa (the 'Act'), to issue revenue bonds and loan the proceeds from the sale of said bonds to one or more parties to be used to defray all or a portion of the cost of acquiring, constructing, improving and equipping a 'project', as that term is defined in the Act, including land, buildings and improvements suitable for use as a facility for an organization described in Section 501(c)(3) of the Internal Revenue Code which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code (a 'Tax Exempt Organization') and to retire any existing indebtedness on a facility for a Tax Exempt Organization; and

WHEREAS, the Issuer has been requested by Orpheum Theatre Preservation Project, Ltd., an Iowa nonprofit corporation (the 'Borrower'), to authorize and issue its Revenue Bonds pursuant to the provisions of the Act for the purpose of defraying all or a portion of the cost of (i) the acquisition of, and remodeling and renovations to the existing theatre facility located at 528 Pierce Street, Sioux City, Iowa (the 'Project') and (ii) paying costs of issuance of the Bonds and other related costs; and

WHEREAS, the Issuer has determined that the amount necessary to finance the cost of the Project, including necessary expenses incidental thereto, will require the issuance by the Issuer of not to exceed $3,500,000 aggregate principal amount of its Revenue Bonds (the 'Bonds') pursuant to the provisions of the Act, and it is proposed that the Issuer loan said amount to the Borrower under a Loan Agreement between the Issuer and Borrower pursuant to which loan payments will be made by the Borrower in amounts sufficient to pay the principal of, interest and premium, if any, on said Bonds, as and when the same shall be due; and

WHEREAS, the Bonds, if issued, shall be limited obligations of the Issuer, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers, and the principal of, interest and premium, if any, on the Bonds shall be payable solely out of the revenues derived from the Loan Agreement; and

WHEREAS, the Borrower wishes to proceed with the Project and reasonably expects to pay costs of the Project prior to the issuance of the Bonds and wishes to reimburse original expenditures paid from its own funds with proceeds of the Bonds, and in order to comply with Treasury Regulation 1.150-2, it is necessary for the Issuer to declare an official intent to reimburse original expenditures paid by the Borrower from its own funds with proceeds of the Bonds; and

WHEREAS, there has been presented to the Board of Supervisors (the 'Governing Body') a Memorandum of Agreement, attached hereto as Exhibit A which sets forth certain mutual undertakings and agreements between the Issuer and the Borrower, relating to the further processing and issuance of said Bonds, and the Issuer believes it desirable and in its best interest that said Memorandum of Agreement be executed for and on behalf of the Issuer; and

WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by Section 419.9 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the 'Code').

NOW, THEREFORE, Be It and It Is Hereby Resolved by the Governing Body of the Issuer as follows:

Section 1. A public hearing shall be conducted on April 18, 2000, at 10:30 a.m., before this Governing Body in the Woodbury County Courthouse Boardroom, 620 Douglas Street, Sioux City, Iowa, on the proposal to issue not to exceed $3,500,000 aggregate principal amount of the Issuer's Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project) Series 2000 pursuant to the provisions of the Act, for the purpose of defraying all or part of the cost of financing the Project, including necessary expenses incidental thereto, and all local residents who appear at said hearing shall be given an opportunity to express their views for or against the proposal to issue such Bonds; and at said hearing, or any adjournment thereof, this Governing Body shall adopt a Resolution determining whether or not to proceed with the issuance of said Bonds.

Section 2. The County Auditor of the Issuer is hereby directed to publish one time, not less than 15 days prior to the date fixed for said hearing, in a legal newspaper published and having a general circulation within the Issuer, a Notice of Intention to issue said Bonds in substantially the following form:

NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE
REVENUE BONDS
(ORPHEUM THEATRE PRESERVATION PROJECT, LTD. PROJECT)

Notice is hereby given that a public hearing will be conducted before the Board of Supervisors of the County of Woodbury, Iowa (the 'Issuer'), in the Woodbury County Courthouse Boardroom, 620 Douglas Street, Sioux City, Iowa, in said County at 10:30 a.m., on April 18, 2000, on the proposal to issue not to exceed $3,500,000 aggregate principal amount of the County's Revenue Bonds (Orpheum Theatre Preservation Project, Ltd. Project) Series 2000 (the 'Bonds') and to loan said amount to Orpheum Theatre Preservation Project, Ltd. (the 'Borrower'), pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of defraying all or a portion of the cost of (i) the acquisition of, and remodeling and renovations to the existing theatre facility located at 528 Pierce Street, Sioux City, Iowa (the 'Project') which will be owned and operated by the Borrower and (ii) paying costs of issuance of the Bonds and other related costs. It is contemplated that a Loan Agreement will be entered into between the Issuer and the Borrower, under which the Issuer will loan to said Borrower the proceeds from the sale of the Bonds in return for loan payments from the Borrower sufficient to pay the principal of, interest and premium, if any, on such Bonds as the same shall fall due.

Such Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the Loan Agreement and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers.

All local residents who appear at the hearing shall be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the hearing, or any adjournment thereof, the Board of Supervisors of the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds.

By Order of the Board of Supervisors.

County Auditor

Section 3. Based upon representations of the Borrower, it is reasonably expected that original expenditures for Project costs will be paid from the Borrower's own funds prior to the issuance of the Bonds and the Issuer hereby declares an official intent in accordance with Treasury Regulation 1.150-2 to reimburse such original expenditures with proceeds of the Bonds.

Section 4. That in order to assure that the Project can go forward, it is deemed necessary and advisable that the Memorandum of Agreement, in the form attached hereto as Exhibit A, be approved and that the Chairperson of the Issuer be and hereby is authorized and directed to execute said Memorandum of Agreement and the County Auditor of the Issuer be and hereby is authorized to attest the same and to affix the seal of the Issuer thereto and said Memorandum of Agreement is hereby made a part of this Resolution.

Section 5. That officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement.

Section 6. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in full force and effect immediately upon its adoption.

Adopted and approved March 21, 2000.

Woodbury County, Iowa.

WOODBURY COUNTY BOARD OF SUPERVISORS

EXHIBIT A

MEMORANDUM OF AGREEMENT

THIS MEMORANDUM OF AGREEMENT is between the County of Woodbury, Iowa, party of the first part (the 'Issuer'), and Orpheum Theatre Preservation Project, Ltd., an Iowa not-for-profit corporation, party of the second part (the 'Borrower').

1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following:

(a) The Issuer is a municipal corporation of the State of Iowa, authorized and empowered by the provisions of Chapter 419 of the Code of Iowa (the 'Act'), to issue its bonds for the purpose of financing the Project pursuant to the Act; and

(b) The Issuer proposes to issue its Revenue Bonds (the 'Bonds') and to loan to the Borrower the proceeds from the sale of the Bonds to enable the Borrower to defray all or a portion of (i) the acquisition of, and remodeling and renovations to the existing theatre facility located at 528 Pierce Street, Sioux City, Iowa (the 'Project') and (ii) paying costs of issuance of the Bonds and other related costs; and

(c) It is considered essential that acquisition and installation related to the Project occur at the earliest practicable date. However, before commencing the Project, the Borrower desires satisfactory assurances from the Issuer that the proceeds from the sale of the Bonds of the Issuer will be made available in an amount sufficient to finance the cost of the Project which amount, including the expenses related to the issuance of the Bonds, is presently estimated not to exceed $3,500,000.

(d) Representatives of the Issuer have indicated the willingness of the Issuer to proceed with and effect such financing and the Issuer has advised the Borrower that, subject to due compliance with all requirements of law and the obtaining of all necessary consents and approvals and to the happening of all acts, conditions and things required to exist, happen and be performed precedent to and in connection with such financing in due time, form and manner as required by law, the Issuer, by virtue of such statutory authority as may now exist or may hereafter be conferred, will issue and sell its Bonds in an amount sufficient to finance all or a portion of the cost of refinancing the existing debt and completing the Project.

2. Undertakings on the Part of the Issuer. The Issuer agrees as follows:

(a) That it will authorize, or cause to be authorized, the issuance and sale of an issue of its Bonds, pursuant to the terms of the Act as then in force, in an aggregate principal amount sufficient to finance a portion of the cost of completing the Project, which cost is presently estimated not to exceed $3,500,000.

(b) That it will cooperate with Borrower to sell the Bonds upon mutually agreeable terms, and it will adopt, or cause to be adopted, such proceedings and authorize the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds, and the entering into a Loan Agreement with the Borrower, all as shall be authorized by law and mutually satisfactory to the Issuer and the Borrower.

(c) That the aggregate basic payments (i.e. the payments to be used to pay the principal of, premium, if any, and interest on the Bonds) payable under the Loan Agreement shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable.

(d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof.

3. Undertakings on the Part of the Borrower. The Borrower covenants and agrees as follows:

(a) That it will cooperate with the Issuer to sell the Bonds in an aggregate principal amount as above stated; provided, however, that the terms of the Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Issuer and the Borrower.

(b) That contemporaneously with the sale of the Bonds it will execute a Loan Agreement with the Issuer under the terms of which the Borrower will obligate itself to pay to the Issuer sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such instrument to contain other provisions required by law and such other provisions as shall be mutually acceptable to the Issuer and the Borrower.

(c) That it will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuance thereof.

4. General Provisions.

(a) All commitments of the Issuer under paragraph 2 hereof and of the Borrower under paragraph 3 hereof are subject to the condition that on or before December 31, 2000 (or such other date as shall be mutually satisfactory to the Issuer and the Borrower), the Issuer and the Borrower shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the documents referred to in paragraph 3 and the proceedings referred to in paragraphs 2 and 3 hereof.

(b) Whether or not the events set forth in (a) of this paragraph take place within the time set forth or any extension thereof, the Borrower agrees that it will reimburse the Issuer for all reasonable and necessary direct out-of-pocket expenses which the Issuer may incur, including but not limited to, legal fees, printing and publication costs and filing fees arising from the execution of this Agreement and the performance, or preparation to perform by the Issuer of its obligations hereunder, or done at the request of the Borrower.

(c) All commitments of the Issuer hereof are further subject to the conditions that the Issuer, and its elected and appointed officials, shall in no event incur any liability for any act or omission hereunder, and that the Bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers.

(d) Preparation of all resolutions, agreements, instruments, certificates or other documents in final form for adoption and execution shall be the sole responsibility of Bond Counsel.

(e) Counsel for the Issuer shall timely certify the non-existence of threatened litigation, pending litigation or claims with respect to the proposed Bond issue. All other attorney's opinions or certificates with respect to issuing authority, non-arbitrage, regularity of proceedings, or otherwise shall be the responsibility of Borrower Counsel or Bond Counsel.

IN WITNESS WHEREOF the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 21st day of March, 2000.

County of Woodbury, Iowa

Copy filed.

Motion by Welte second by Batcheller authorizing the Chairman to sign the Memorandum of Agreement regarding the bond issuance. Carried 4-0. Copy filed.

Motion by Batcheller second by Walish to set the public hearing to issue the revenue bonds on April 18, 2000 at 10:30 A.M. Carried 4-0. Copy filed.

Motion by Walish second by Batcheller to authorize the Chairman to sign Single County Contract #5880CO97 for FY 2000 CSB Grant. Carried 4-0. Copy filed.

Jeff Harcum came back to the Board with further information concerning the substance Abuse Funding Grant. Motion by Welte second by Walish to authorize the Chairman to sign the County Application for Substance Abuse Funding Grant with Iowa Department of Public Health for D.A.R.E Program. Carried 4-0. Copy filed.

The Board discussed several F.Y.I. correspondence issues.

The bid letting for Farm Cash Lease for 208.4 acre farm was held at 10:45 A.M.

The bids were opened as follows:

Kevin Schmidt $28,600.00
Shane Williams $26,050.00
David Folsom $27,500.00

Motion by Welte second by Batcheller to accept the bid of Kevin Schmidt for $28,600.00 subject to a financial check. Carried 4-0. Copy filed.

The Board adjourned the regular meeting until March 28, 2000.