Minutes - 1/14/2003

JANUARY 14, 2003–TWENTY-EIGHTH MEETING OF THE WOODBURY COUNTY
BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 14, 2003 at 9:00 A.M. Board members present were Boykin, Clausen, Batcheller, Walish and Welte. Staff members present were Karen James, Board Administrative Coordinator, Patrick F. Gill, Auditor/Clerk to the Board, and John Sullivan, Board Legal Counsel.

The Claims were approved as presented. Copy filed.

Meeting called to order.

Motion by Clausen second by Welte to approve the Board minutes of January 7, 2003 as submitted. Carried 5-0.

Motion by Batcheller second by Boykin to approve the minutes of Executive Session of January 7, 2003 as submitted. Carried 5-0.

The Board approved the separation of Kyle D. Gates, Temporary Engineering Aide, Secondary Roads Dept., effective 1-8-03. End of Temporary Work. Copy filed.

The Board approved the appointment of Carol L. Swanger, P/T Secretary II, Disaster Services Dept., @$10.26/hour, effective 1-15-03. Job Vacancy Posted: 11-27-02. Entry Level Salary: $10.26/hour. Copy filed.

The Board approved the separation of Rochelle L. Malcom, Planning & Zoning Director, Secondary Roads Dept., effective 1-20-03. Resignation. Copy filed.

The Board approved the reclassification of Debbie S. Sewalson, Legal Secretary III, County Attorney Dept., @$13.55/hour, effective 1-24-03. Per AFSCME Cthouse. Contract agreement, from Grade 6, Step 2 to Grade 6, Step 3. Copy filed.

The Board discussed safety training program development with Bob Schmeckpepper from safety services education at WIT.

Motion by Boykin second by Batcheller to approve Woodbury County being involved in safety training program development for County operations with W.I.T.C.C. Carried 5-0. Copy filed.

Motion by Batcheller second by Boykin to receive the Auditor’s Quarterly Report for the second quarter ending 12-31-02. Carried 5-0. Copy filed.

The Public Hearing and sale of Real Estate Parcel #026265 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 #026265 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #026265. Victor Atilano bid $1,100.00 plus recording fees. There were no further bids.

Motion by Clausen second by Batcheller to accept Victor Atilano’s bid plus recording fees on Real Estate Parcel #026265. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9613

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

By Victor M. & Yvette I. Atilano in the sum of One-Thousand, One-Hundred Dollars & No/100 ($ 1,100.00)

for the following described real estate, To Wit:

Parcel #026265

Sioux City East
W (West) 49 ½ Feet, N (North) 10 (ten) Feet, Lot 11 (eleven) and W (West) 49 ½ Feet Lot 12 (twelve), Block 61 (sixty-one).
(112 12th Street, 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 14TH day of January, 2003.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and sale of Real Estate Parcel #051975 was held at 10:18 A.M. The Chairman called on anyone wishing to be heard on said sale.

Motion by Clausen second by Welte to close the Public Hearing on the sale of Real Estate Parcel #051975 as there was no one present wishing to be heard on said sale. Carried 5-0.

Chairman called for bids on Real Estate Parcel #051975. Danny Robinson bid $5,000.00 plus recording fees. Gene Sherman bid $5,100.00 plus recording fees, Danny Robinson bid $5,200.00 plus recording fees plus recording fees, Gene Sherman bid $5,400.00 plus recording fees, Danny Robinson bid $5,500.00 plus recording fees, Gene Sherman bid $5,700.00 plus recording fees, Danny Robinson bid $5,800.00 plus recording fees, Gene Sherman bid $5,900.00 plus recording fees, Danny Robinson bid $6,000.00 plus recording fees, Gene Sherman bid $6,200.00 plus recording fees. There were no further bids.

Motion by Batcheller second by Boykin to accept Gene Sherman’s bid of $6,200 plus recording fees on Real Estate Parcel #051975. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9614

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

By Michelle Sherman in the sum of Six-Thousand, Two-Hundred Dollars and No/100 ( $6,200.00)

for the following described real estate, To Wit:

Parcel #051975

North Sioux City Addition
West Fifty (50) Feet Lots One (1), Two (2), and Three (3) Block Three (3)
(417 W 20th Street, 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 Quit Claim Deed for the said premises to the said purchaser.
SO DATED this 14TH day of January, 2003.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a resolution approving petition for suspension of taxes through the redemption process on real estate Parcel #271845. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION # 9615

RESOLUTION APPROVING PETITION FOR SUSPENSION
OF TAXES THROUGH THE REDEMPTION PROCESS

WHEREAS, Nancy A. Mason as joint titleholder of real estate located at 1125 – 25th , Sioux City, Woodbury County, Iowa, and legally described as follows:

Parcel #271845

Lot Twenty-one (21) Block Three (3) Hyde Park Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, Nancy A. Mason, as joint titleholder of the aforementioned property has petitioned the Board of Supervisors for a suspension of taxes pursuant to the 1999 Iowa Code Section 447.9(3) and,

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

NOW, THEREFORE, BE IT RESOLVED, that the Woodbury County Board of Supervisors hereby directs the County Auditor to redeem parcel # 271845 owned by the petitioner from the holder of a certificate of purchase of the amount necessary to redeem under section 447.1, and hereby directs the Woodbury County Treasurer to so record the approval of this tax suspension for this parcel.

SO RESOLVED this 14th day of January, 2003

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Welte second by Boykin to appoint Kerby Weber as County Weed Commissioner for 2003, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to accept the quote of Schmillen Construction, Inc., Marcus, Iowa, for asphalt and concrete crushing, per recommendation of the county engineer. Carried 5-0. Copy filed.

Motion by Clausen second by Boykin to authorize the Chairman to sign final payment voucher for Project STP-S-CO97(42)—5E-97. Carried 4-1, Welte opposed. Copy filed.

The Board discussed with Social Service Coordinator Patty Erickson-Puttmann contractual services with Robert Half Management Resources.

Motion by Batcheller second by Boykin to approve contract services with Robert Half Management Resources to complete initiation and identification of HIPAA compliance areas not to exceed $12,000.00. Carried 4-1, Clausen opposed. Copy filed.

Motion by Boykin second by Clausen to approve a resolution authorizing a Loan Agreement and authorizing and providing for the issuance of $800,000 General Obligation Capital Loan Notes, Series 2003, and levying a tax to pay the notes. Carried 4-0, Batcheller abstained.

Resolution No. 9616.

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 2003, 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 equipment and remodeling of county buildings used for Courthouse and District Health, 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 2003, 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 2003 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 equipment and remodeling of county buildings used for Courthouse and District Health .

 "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, 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.

 "Resolution" shall mean this resolution authorizing the issuance of
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.

(a) 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

$187,380 2003/2004
$176,192 2004/2005
$172,144 2005/2006
$168,096 2006/2007
$164,048 2007/2008

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2002, will be collected during the fiscal year
commencing July 1, 2003).

(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 2003 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, 2001 (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 in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2001, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided.

Section 7. Note Details, Execution and Redemption.

(a) Note Details. General Obligation Capital Loan Notes, Series 2003, 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 2003 NO. 1", be dated the date of delivery, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on June 1, 2003, and semiannually thereafter on the 1st day of December and June in each year until maturity at the rates hereinafter provided.

The Notes shall be executed by the manual or facsimile signature of the Chairperson and attested by the manual or facsimile signature of the County Auditor, and impressed or printed with the seal of the County and shall be fully registered as to both principal and interest as provided in this Resolution. Principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature and bear interest as follows:

Interest Principal Maturity
Rate Amount June 1st

2.53% $160,000 2004
2.53% $160,000 2005
2.53% $160,000 2006
2.53% $160,000 2007
2.53% $160,000 2008

(b) Redemption. The Notes are not subject to redemption prior to maturity.

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 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:

(6)

(7)
(6)

(8)

(1)

(2)
(3)
(4)
(5)

(9)

(9a)

(10)
(Continued on the back of this Note)

(11)(12)(13)
(14)
(15)

FIGURE 1
(Front)

(10)
(Continued)

(16)

FIGURE 2
(Back)

The text of the Notes to be located thereon at the item numbers shown shall be as follows:

Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF WOODBURY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 2003"
"ESSENTIAL COUNTY PURPOSE"
"SERIES 2003"

Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Note Date: the date of delivery
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $

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 June 1, 2003, and semiannually thereafter on the 1st day of December and June 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 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 of the Code of Iowa, as amended, for the purpose of paying costs of equipment and remodeling of county buildings used for Courthouse and District Health and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated January 14, 2003, 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.

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 facsimile signature of its Chairperson and attested by the facsimile signature of its County Auditor, with the seal of said County printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Office of the County Treasurer, Sioux City, Iowa.

Item 11, figure 1 = Date of Authentication:
Item 12, figure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the Office of the County Treasurer.

OFFICE OF THE COUNTY TREASURER, Registrar

By: (Bob Knowler)
Authorized Signature

Item 13, figure 1 = Registrar and Transfer Agent: Office of the County Treasurer
Paying Agent: Office of the County Treasurer

SEE REVERSE FOR CERTAIN DEFINITIONS

Item 14, figure 1 = (SEAL)

Item 15, figure 1 = [Signature Block]
WOODBURY COUNTY, STATE OF IOWA

By: (facsimile signature)
Chairperson of the Board of Supervisors

ATTEST:

By: (facsimile signature)
County Auditor

Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]

ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto _________________ (Social Security or Tax Identification No. ) the within Note and does hereby irrevocably constitute and appoint ____________________________ attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises.

Dated .

(Person(s) executing this Assignment sign(s) here)

SIGNATURE )
GUARANTEED)

IMPORTANT READ CAREFULLY

The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.

INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER

Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust

*If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided.

The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations:

TEN COM as tenants in common
TEN ENT as tenants by the entireties
JT TEN as joint tenants with right of survivorship and not as tenants in common

IA UNIF TRANS MIN ACT ..........Custodian..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act...................
(State)

ADDITIONAL ABBREVIATIONS MAY ALSO BE
USED THOUGH NOT IN THE ABOVE LIST

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 this 14th day of January, 2003.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Boykin second by Clausen to approve the Tax Exemption Certificate for the $800,000 General Obligation Capital Loan Notes. Carried 5-0. Copy filed.

The Board reviewed the following budget items.

Social Services Department:

Motion by Welte second by Clausen to receive the MI Programs, the CMI Programs, the MR Programs budget, the DDS Program budget and the Center (Conservatorships’ Program) budget with the $323,741 shortfall funded with cash reserves. Carried 4-1, Batcheller opposed.

County Sheriff:

The Board reviewed the Uniform Patrol Program budget, the Law Enforcement Block Grant budget, the COPS in School budget, the Investigations Program budget, the Jail Program budget, the Prairie Hills Center Program budget, the Administration Program budget, the Civil Division Program budget, the Highway Safety Program budget, the Crime Prevention Program budget, the DARE Grant Program budget, the Court Security Program budget, the Sheriff Forfeitures budget, the D.A.R.E. Donations budget, the LLEBG 2002/2004 budget and the LLEBG 2001/2003 budget.

Juvenile Court Services (At Risk Youth Services):

Motion by Welte second by Batcheller to receive the Youth Guidance budget reduced by $153,127.00.
Carried 5-0.

Programs Under the Board of Supervisors:

Motion by Batcheller second by Welte to receive the Law Library budget reduced by $100.00. Carried 5-0.

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

Roger Linn, 1021 Osceola Ave. presented petitions requesting the removal of Stop Signs on the bridge over the Little Sioux River on L36 north of Correctionville.

Motion by Welte second by Boykin to receive the petitions. Carried 5-0. Petitions filed.

Jim Jung, 2222 Jackson St., Sioux City, addressed the Board with concerns about the budget and the process.

Motion by Boykin second by Batcheller to go into Executive Session per Iowa Code Section 20.17.3. Carried 5-0 on a roll call vote.

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

Motion by Batcheller second by Boykin to go into Executive Session per Iowa Code Section 21.5(1)(c). Carried 5-0 on a roll call vote.

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

Motion by Clausen second by Batcheller authorizing the Chairman to sign a side letter and an amendment to the Master Contract between Woodbury County, Iowa and the Woodbury County, Iowa Deputy Sheriff’s Association. Carried 5-0. Copy filed.

The Board adjourned the regular meeting until January 21, 2003.

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