Minutes - 5/21/2002

MAY 21, 2002FORTY FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, May 21, 2002 at 9:00 A.M. Board members present were Batcheller, Boykin, Clausen, Walish and Welte. Staff members present were Sonya Pierce, Public Bidder, 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 Batcheller second by Boykin to approve the Board minutes of May 14, 2002 as submitted. Carried 5-0.

The Board approved the appointment of Kyle D. Gates, Temporary Engineering Aide, Secondary Roads Dept., @$8.00/hour, effective 5-22-02. Job Vacancy Posted: 3-20-02. Salary Range: $7.50 - $11.00/hour based on previous County experience. Copy filed.

The Board approved the appointment of Anthony T. Brunkan, Temporary Engineering Aide, Secondary Roads Dept., @$8.25/hour, effective 5-22-02. Job Vacancy Posted: 3-20-02. Salary Range: $7.50 - $11.00/hour based on previous County experience. Copy filed.

The Board approved the appointment of Cole J. Dixon, Temporary Summer Laborer, Secondary Roads Dept., @$7.75/hour, effective 5-22-02. Job Vacancy Posted: 3-20-02. Salary Range: $7.50 - $8.50/hour based on previous County experience. Copy filed.

The Board approved the appointment of Joel R. Locke, Temporary Summer Laborer, Secondary Roads Dept., @$7.50/hour, effective 5-22-02. Job Vacancy Posted: 3-20-02. Salary Range: $7.50 - $8.50/hour based on previous County experience. Copy filed.

The Board approved the appointment of Chris E. Koehn, Temporary Summer Laborer, Secondary Roads Dept., @$7.75/hour, effective 5-22-02. Job Vacancy Posted: 3-20-02. Salary Range: $7.50 - $8.50/hour based on previous County experience. Copy filed.

The Board approved the reclassification of Lori A. Morgan, Payroll Clerk II/County Auditor/ Recorder Dept., @$11.46/hour, effective 5-29-02. Per AFSCME Court House Contract agreement, from Grade 3, Step 3 to Grade 3, Step 4. Copy filed.

Motion by Welte second by Clausen to approve and authorize the Chairman to sign Change Order 9 for Phase IV of Courthouse Restoration Phase IV. Carried 5-0. Copy filed.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign Change Order 10 for
Phase IV of Courthouse Restoration Phase IV. Carried 5-0. Copy filed.

Motion by Welte second by Boykin to authorize the Chairman to sign a certificate of substantial completion for Phase IV of Courthouse Restoration Phase IV. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to approve Iowa Retail Cigarette Permit Application for Shop-N-Go, Sloan, IA. Carried 5-0. Copy filed.

Motion by Welte second by Boykin to approve the paving agreement proposed by Mr. and Mrs. Doyle Smith. Carried 5-0. Copy filed.

Motion by Walish second by Boykin to approve and authorize the Chairman to sign Resolution No. 9568 approving petition for suspension of taxes for M.S. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9568

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES

WHEREAS, Mildred A. Sitzmann, as titleholders of real estate located at 16 Stewart Ave., Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #183810

West 29 feet Lot Six (6) Block Four (4) Lot Seven (7) Block Four (4), Gilman Terrace Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Mildred A. Sitzmann as titleholders of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1997 Iowa Code section 427.9, and

WHEREAS, the Board of Supervisors recognizes from documents provided that the petitioner is unable to provide to the public revenue; and

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby grants the request for a suspension of taxes, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this property.

SO RESOLVED this 21st day of May, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Board discussed appointments to Commission to Assess Damages.

Motion by Boykin second by Walish to appoint Bob Batcheller, Jr., to Category B-Owners of City Property on the Commission to Assess Damages. Carried 5-0. Copy filed.

Motion by Boykin second by Walish to set the Public Hearing and Sale of Real Estate Parcel #027210 on June 4, 2002, at 10:15 a.m. Carried 5-0.

RESOLUTION #9569

NOTICE OF PROPERTY SALE

Parcel #027210

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

Parcel #027210
East Six (6) Feet of South one-half (1/2) of Lot Five (5) and East Sixty-One (61) Feet of Lot Six (6) of Block Sixty-Eight (68). Sioux City East Addition. (709-711 12th Street, Sioux City, Iowa 51105)

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 June, 2002, 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 4th Day of June, 2002, 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 $ 4,057.00 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 May, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #051391 was held at 10:15 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 #051391 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #051391. Rodney Wellman bid $558.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Boykin to accept Rodney Wellmans bid plus recording fees on Real Estate Parcel #051391. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9570

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

By Rodney M. and Marilyn J. Wellman in the sum of Five-Hundred and Fifty-Eight Dollars ($558.00)

For the following described real estate, To Wit:

Parcel #051391

Vacated West 20th Street Lying Between Lot Three (3) in Block One (1) of the North Sioux City addition, Lot One (1) in block Seven (7) of the Franklins Addition and Lot One (1) in Block Eleven (11) of the Gillman Terrace Addition, North Sioux City Addition, City of Sioux City, Woodbury County, Iowa.
(147 Gilman Terrace, Sioux City, Iowa 51104)

Now and included in and forming a part of the City of Sioux City , Iowa, the same is hereby accepted: said

Amount being a sum LESS than the amount of the general taxes, interests, costs and penalties against the said Real

Estate.

BE IT RESOLVED that payment is due by close of business on the day of passage of this resolution or this sale is null and void and this resolution shall be rescinded.
BE IT RESOLVED that per Code of Iowa Section 569.8(3 & 4), a parcel the County holds by tax deed shall not be assessed or taxed until transferred and upon transfer of a parcel so acquired gives the purchaser free title as to previously levied or set taxes. Therefore, the County Treasurer is requested to abate any taxes previously levied or set on this parcel(s).
BE IT FURTHER RESOLVED that the Chairman of this Board be and he is hereby authorized to execute a Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 21st day of May, 2002.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Welte second by Walish to authorize the Chairman to sign a 28 E Agreement with the City of Anthon for replacement of bridge, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign Agreement with the City of Moville to use County Road Right-of-Way for a trail. Carried 5-0. Copy filed.

Motion by Boykin second by Batcheller to authorize the Chairman to sign a Utility Accommodation Permit submitted by MidAmerican Energy, per recommendation of the county engineer. Carried 5-0. Copy filed.

The Public Hearing to issue Private College Revenue Bonds for Briar Cliff University Project was held at 10:20 a.m. The Chairman called on anyone wishing to be heard on said issuance of Private College Revenue Bonds for Briar Cliff University Project.

Motion by Boykin second by Welte to close the Public Hearing on the issuance of Private College Revenue Bonds for Briar Cliff University Project as there was no one wishing to be heard. Carried 5-0.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign Resolution No. 9571 authorizing the issuance and sale of Private College Revenue Bonds, Series 2002 (Briar Cliff University Project), of Woodbury County, Iowa, and authorizing the execution and delivery of Loan Agreement and Assignment and Pledge Agreement. Carried 5-0.

RESOLUTION NO. _9571_

Resolution authorizing the issuance and sale of Private College Revenue Bonds, Series 2002 (Briar Cliff University Project), of Woodbury County, Iowa, and authorizing the execution of documents relating thereto

Be It Resolved by the Board of Supervisors of Woodbury County, Iowa (the Issuer) as follows:

Section 1. (A) The Issuer is a county authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 2001, as amended (the Act), to issue revenue bonds or notes for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, suitable for the use of any private college or suitable for the use of any facility for an organization described in Section 501(c)(3) of the Internal Revenue Code (the Code) which is exempt from federal income tax under Section 501(a) of the Code (a Tax Exempt Organization) or to retire any existing indebtedness on a facility for a Tax Exempt Organization or to refund any Bonds issued pursuant to the Act.

(B) The Issuer has been requested by Briar Cliff University (the Borrower), a Tax Exempt Organization, to issue its Private College Revenue Bonds (Briar Cliff University Project), in an aggregate principal amount not to exceed $5,505,000 (the Bonds) pursuant to the Act, and to loan said amount to the Borrower for the purpose of retiring an existing term loan (the Existing Debt) from First National Bank (the Lender) the proceeds of which were applied to redeem the outstanding principal amount of the Private College Facility Revenue Bonds (Briar Cliff College Project), Series 1999B (the Prior Bonds) issued by the Iowa Higher Education Loan Authority (the Authority) for the purpose of financing all or a portion of the costs of constructing, equipping and furnishing a Student Center and other improvements, equipment, structures and facilities located on the campus of the Borrower located at 3303 Rebecca Street, Sioux City, Iowa (together, the Project) and financing the costs of issuance and certain other costs associated with the issuance of the Bonds; and

(C) A Resolution proposing to issue the Bonds to retire the Existing Debt and to loan said amount to the Borrower was adopted on April 30, 2002.

(D) As required by the Act and Section 147(f) of the Code, the Issuer has, on May 21, 2002, held a public hearing on the issuance of the Bonds to retire the Existing Debt.

(E) The issuance and sale of the Bonds in a principal amount of not to exceed $5,505,000 by the Issuer, pursuant to the Act, is in the best interest of the Issuer, and the Issuer hereby determines to issue the Bonds and to sell the Bonds to the Lender as provided herein. The Issuer will loan the proceeds of the Bonds (the Loan) to the Borrower in order to retire the Existing Debt.

(F) Pursuant to a Loan Agreement (the Loan Agreement) to be entered into between the Issuer and the Borrower, the Borrower will agree to repay the Loan in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds. In addition, the Loan Agreement will contain provisions relating to the retiring of the Existing Debt, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the Issuer and the Borrower deem necessary or desirable.

(G) Pursuant to an Assignment and Pledge Agreement (the Pledge Agreement) to be entered into between the Issuer and the Lender, the Issuer, among other things, will grant to the Lender a security interest in all of the Issuer's rights, title and interest in and to the Loan Agreement, including, but not limited to, the right to receive Loan Repayments (as defined in the Loan Agreement).

(H) The Bonds will be special limited obligations of the Issuer. The Bonds shall not be payable from or a charge upon any funds other than the revenues pledged to the payment thereof, nor shall the Issuer be subject to any liability thereon. No holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Issuer. The Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation.

Section 2. In order to provide funds to retire the Existing Debt, the Issuer hereby authorizes the issuance of the Bonds in the principal amount of not to exceed $5,505,000. The Bonds shall be in the form and shall mature in the years and amounts, be subject to redemption, and provide interest at initial rates which produce a yield not to exceed 5.4% per annum with adjustments from time to time as provided therein, all as are finally agreed to by the Borrower and the Lender.

Section 3. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute, acknowledge, and deliver the Loan Agreement, the Pledge Agreement and the Bond on behalf of the Issuer in such final forms as prepared by Bond Counsel and agreed to by the Borrower and the Lender, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof.

Section 4. The Chairperson of the Board of Supervisors and the County Auditor are authorized and directed to execute and deliver all other documents which may be required under the terms of the Loan Agreement or Pledge Agreement, or by Bond Counsel, and to take any other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof.

Section 5. In order to qualify the Bonds as qualified tax exempt obligations within the meaning of Section 265(b)(3) of the Code, the Issuer hereby makes the following factual statements and representations:

(A) The Issuer hereby designates the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code;

(B) The reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(c) of the Code) which will be issued by the Issuer (and all entities whose obligations will be aggregated with those of the Issuer) during this calendar year 2002 will not exceed $10,000,000; and

(C) Not more than $10,000,000 of obligations issued by the Issuer during this calendar year 2002 (including the Bonds) have been designated for purposes of Section 265(b)(3) of the Code.

The Issuer shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph.

Section 6. The Chairperson of the Board of Supervisors, the County Auditor and other officers of the Issuer are authorized to furnish to the Lender, the Borrower, and Bond Counsel certified copies of all proceedings and records of the Issuer relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear form the books and records in the officer's 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 issuer as to the truth of all statements contained therein.

Passed and approved May 21, 2002.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Chairman asked if there were any individual or group wishing to make a presentation of items not on the agenda or Supervisors concerns.

Karen Kenter-Blumberg, Executive Director of the Food Bank introduced herself to the Board and invited them to visit their facility.

Walden Forke, 1057 Dallas Ave. addressed the Board about secondary roads maintenance.

The Board adjourned the regular meeting until May 28, 2002.