Minutes - 9/14/2004

SEPTEMBER 14, 2004 ELEVENTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, September 14, 2004 at 9:00 a.m. Board members present were Batcheller, Boykin, Clausen, 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 Batcheller second by Clausen to approve the Board minutes of September 7, 2004 as submitted. Carried 5-0.

Motion by Walish second by Batcheller to approve the minutes of executive sessions held on August 24, 2004 for the employee evaluations of Mark Elgert and Mark Olsen, on August 31, 2004 for the employee evaluations of J.D. Pellersels and Patty Erickson-Puttmann and on September 7, 2004 for the employee evaluations of Dick Storm and Karen James as submitted. Carried 5-0.

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

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

Motion by Batcheller second by Clausen to approve a claim to issue a $30,000.00 cash bond made payable to the Clerk of U.S. District Court relating to case #00 CV 5072, Swipies v Kofka. Carried 5-0.

Gary Brown from Emergency Services and Glenn Sedivy from Communication Center were present for the opening of bids for a Mobile Communication Unit in conjunction with the Interoperability Grant.

Bids were as follows:

Name Amount
Leach Camper Sales, Council Bluffs, IA $321,769.00
Litchtsinn Motors, Forest City, IA $326,389.00

There were no further bids.

Motion by Boykin second by Clausen to receive the bids and refer to the Interoperability Grant Committee for action. Carried 5-0.

Diane Swoboda Peterson from County Recorder Office and Rick Schneider from Conservation addressed the Board concerning United Way Campaign.

Motion by Boykin second by Walish to approve a request for $200.00 to provide incentives for United Way Campaign to be funded from Riverboat Funds. Carried 5-0. Copy filed.

The Board discussed final plats for Moville Heights Addition Subdivision with John Pylelo from Planning & Zoning.

Motion by Batcheller second by Boykin to approve and authorize the Chairman to sign final plats for Moville Heights Addition Subdivision for Parcels #861121, #861166, and #861l39. Carried 5-0.

BOARD OF SUPERVISORS RESOLUTION
RESOLUTION NUMBER: 9855

RESOLUTION ACCEPTING AND APPROVING MOVILLE HEIGHTS ADDITION, WOODBURY COUNTY, IOWA.

WHEREAS, THE OWNER AND PROPRIETOR DID ON THE 25TH DAY OF AUGUST, 2004, FILE WITH THE WOODBURY COUNTY ZONING COMMISSION A CERAIN PLAT DESIGNATED AS MOVILLE HEIGHTS ADDITION, WOODBURY COUNTY, IOWA; AND

WHEREAS, IT APPEARS THAT SAID PLAT CONFORMS WITH ALL OF THE PROVISIONS OF THE CODE OF THE STATE OF IOWA AND ORDINANCES OF WOODBURY COUNTY, IOWA, WITH REFERENCE TO THE FILING OF SAME; AND

WHEREAS, THE ZONING COMMISSION OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT; AND

WHEREAS, THE COUNTY ENGINEER OF WOODBURY COUNTY, IOWA HAS RECOMMENDED THE ACCEPTANCE AND APPROVAL OF SAID PLAT.

NOW THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, THAT THE PLAT OF MOVILLE HEIGHTS ADDITION, WOODBURY COUNTY, IOWA BE, AND THE SAME IS HEREBY ACCEPTED AND APPROVED, AND THE CHAIRMAN AND SECRETARY OF THE WOODBURY COUNTY BOARD OF SUPERVISORS, WOODBURY COUNTY, STATE OF IOWA, ARE HEREBY DIRECTED TO FURNISH TO THE OWNERS AND PROPRIETORS A CERTIFIED COPY OF THIS RESOLUTION AS REQUIRED BY LAW.

PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to authorize the Chairman to sign CBM Food Contract for fiscal year 2004-2005. Carried 5-0. Copy filed.

The Board discussed the consideration of request from Mark Olsen for Juvenile Detention to receive emergency funds.

Motion by Boykin second by Clausen to approve request from Juvenile Detention to approve $20,000.00 to be put in the Emergency Prevention Fund from State funds. Carried 5-0. Copy filed.

The Board approved the appointment of Sue P. OMeara, Temporary Election Clerk, County Auditor/Recorder Dept., @$10.91/hour, effective 9-9-04. Not to exceed 120 days. Copy filed.

The Board approved the appointment of Amy J. Benjamin, Temporary Election Clerk, County Auditor/Recorder Dept., @$10.91/hour, effective 9-9-04. Not to exceed 120 days. Copy filed.

The Board approved the appointment of Lori A. Christians, Temporary Election Clerk, County Auditor/Recorder Dept., @$10.91/hour, effective 9-9-04. Not to exceed 120 days. Copy filed.

The Board discussed flu/tetanus vaccinations for County employees.

Motion by Batcheller second by Boykin to approve providing flu and tetanus vaccination for County employees. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to approve and authorize the Chairman to sign Memorandum of Understanding between Iowa Department of Public Health and Woodbury County Board of Supervisors. Carried 5-0. Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a resolution for abatement of taxes for Siouxland Residential Services, Iowa. Carried 5-0.

WOODBURY COUNTY, IOWA

RESOLUTION #9856

RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, the Siouxland Residential Services, Iowa are the titleholders of real estate Parcels #246825 and #246870, located in Woodbury County, Iowa and legally described as follows:

Parcels #246825 and #246870
West 48 feet Lot One (1) Block Seventeen(17), Lots Two Six (2-6) Inclusive Block Seventeen (17), Higmans 2nd Addition, City of Sioux City, Woodbury County, Iowa

WHEREAS, the above stated property has accumulated current and delinquent taxes owing, and these parcels are owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the Siouxland Residential Services, is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes and any future taxes that may be levied against this parcel; and

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

SO RESOLVED this 14th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Walish second by Batcheller to approve and authorize the Chairman to sign a resolution for abatement of taxes for the City of Moville. Carried 5-0.

WOODBURY COUNTY, IOWA
RESOLUTION # 9857
RESOLUTION APPROVING ABATEMENT OF TAXES

WHEREAS, City of Moville are the titleholders of real estate Parcels #622820, #622821, #922822, #622823, #622824, and Parcel #622832, located in Woodbury County, Iowa and legally described as follows:

Parcel #622820, #622821, #922822, #622823, #622824
Lots One, Two, Three, Four, Five (1-5) Logans Golf Course, 3rd Addition, City of Moville, Woodbury County, Iowa

Parcel #622832
Outlot

WHEREAS, the above stated property has an unpaid balance of taxes owing, and these parcels are owned by a political subdivision of the state; and

WHEREAS, the political subdivision, namely the City of Moville Iowa, is failing to immediately pay the taxes due; and

WHEREAS, the Board of Supervisors sees that good cause exists for the abatement of these taxes that may be levied against this parcel; and

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

SO RESOLVED this 14th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Clausen to set the Public Hearing and Sale of Real Estate Parcel #584370 to the City of Anthon on September 28, 2004, at 10:15 am. Carried 5-0.

RESOLUTION # 9858
NOTICE OF PROPERTY SALE

Parcel # 584370

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

Lot Seventeen (17) Block Eleven (11) City of Anthon, Woodbury County, Iowa

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
28th day of September, 2004, 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 28th day of September, 2004, immediately following the closing of
the public hearing, to the City of Anthon, Iowa only per Code of Iowa 331.361(3).

3. That said Board proposes to sell the said real estate to the City of
Anthon, Iowa, only for consideration of $1.00 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 14th day of September, 2004.

WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and Sale of Real Estate Parcel #600480 (also known as 301-1st Street) to the City of Cushing only was held at 10:14 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Boykin second by Walish to close the Public Hearing on the Sale of Real Estate Parcel #600480 to the City of Cushing for $1.00 as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Boykin second by Batcheller to accept the City of Cushings bid for $1.00 plus recording fees for Real Estate Parcel #600480 (also known as 301-1st Street). Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9859

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By City of Cushing in the sum of One Dollar ($1.00) for the following described real estate, To Wit:

Parcel #600480
Lot One (1) Block one (1) City of Cushing, Woodbury County, State of Iowa
(301 1st Street, Cushing, Iowa 51018)

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

The Public Hearing and Sale of Real Estate Property to Chicago, St. Paul, Minneapolis and Omaha Railway only for Parcels #249405, #332160, #332295, #381480, #381570, #381585 and #381615 was held at 10:15 a.m. The Chairman called on anyone wishing to be heard on said sale.

Motion by Batcheller second by Walish to close the Public Hearing on the sale of Real Estate Parcels #249405, #332160, #332295, #381480, #381570, #381585 and #381615 to the Chicago, St. Paul, Minneapolis and Omaha Railway only as there was no one present wishing to be heard on said sale. Carried 5-0.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel # 249405 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $1,162.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9860

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum of One-Thousand, One-Hundred and Sixty-two Dollars & No/100 ( $1,162.00). For the following described real estate,
To Wit:
Parcel #249405
HIGMANS 2ND LOWELL ADDITION CITY OF SIOUX CITY , WOODBURY COUNTY, IOWA, EX R R LOWELL AVE LOTS TWO THROUGH TWENTY-EIGHT (2-28) BLOCK THIRTEEN (13)

Now and included in and forming a part of the City of Cushing, 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #332160 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $768.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION #9861

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum of SEVEN HUNDRED AND SIXTY-EIGHT DOLLARS & NO/100 ($768.00). For the following described real estate, To Wit:
Parcel #332160
LOT ONE (1) TO SIX (6) INCLUDING BLOCK ONE (1) STRIP TWELVE FEET (12) EAST SIDE LOTS 5 THROUGH 6 (5-6) BLOCK ONE (1) AND LOT A BLOCK ONE (1) AND A STRIP TWELVE FEET (12) ON EAST SIDE LOT A BLOCK ONE (1) LOWELL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #332295 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $235.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9861

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum of Two-Hundred & Thirty-Five and No/100 ($235.00)).
For the following described real estate, To Wit:
Parcel #332295
EXCEPT FLOYD BOULEVARD LOTS EIGHT (8) AND NINE (9) BLOCK TWO (2)
LOWELL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #381480 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $114.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9863

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum One-Hundred and Fourteen

Dollars & No/100 ($114.00)). For the following described real estate, To Wit:

Parcel #381480
PART OF LOTS THREE THROUGH EIGHT (3-8) BLOCK SIX (6) EXCEPT PART TO CITY FOR STREET ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #381570 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $630.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9864

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum Six-Hundred and Thirty Dollars & No/100 ($630.00).
For the following described real estate, To Wit:

Parcel #381570
LOTS ONE THROUGH THREE (1-3) BLOCK NINE LAFAYETTE STREET BETWEEN BLOCK TEN-ELEVEN (10-11) CLARK STREET BETWEEN S C SERVICE COMPANY RIGHT OF WEST AND NORTH LINE 19TH STREET EXCEPT S C SERVICE CO RIGHT OF WEST LOTS ONE THROUGH THREE (1-3) BLOCK TEN (10) LOTS FOUR THROUGH SEVEN (4-7) BLOCK TEN (10) EXCEPT RIGHT OF WEST LOTS EIGHT THROUGH TEN (8-10) BLOCK TEN (TEN)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #381585 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $281.00 plus recording fees on Real Estate. Carried 5-0.

RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA:
RESOLUTION # 9865

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum Two-Hundred and Eighty-One & No/100 ($ 281.00).
For the following described real estate, To Wit:
Parcel #381585
LOTS ELEVEN THROUGH FOURTEEN (11-14) BLOCK TEN (10) EXCEPT RIGHT OF WAY LOT FIFTEEN (15) BLOCK TEN (10) ALLYS IN AND EXCEPT RIGHT OF WAY LOT FIFTEEN (15) BLOCK TEN (10)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing, 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Motion by Batcheller second by Walish to approve a resolution to sell and approve the sale of Parcel #381615 to Chicago, St. Paul, Minneapolis and Omaha Railways only for $213.00 plus recording fees on Real Estate. Carried 5-0.

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

RESOLUTION # 9866

BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:
By Chicago, St. Paul, Minneapolis & Omaha Railway in the sum Two-Hundred and Thirteen &

No/100 ($ 213.00)

For the following described real estate, To Wit:

Parcel #381615
PART OF LOTS TWO THROUGH SIX (2-6) BLOCK ELEVEN (11) LOT SEVEN THROUGHT EIGHT (7-8) BLOCK ELEVEN (11) ALLEY OF LOT SIX , SEVEN, AND EIGHT (6-7-8) BLOCK ELEVEN PART SOUTHEAST OF S C SERVICE CO RIGHT OF WAY LOTS NINE, TEN, AND ELEVEN (9-10-11) BLOCK ELEVEN EXCEPT PORTION OF LOTS NINE (9) AND TEN (10)
ORCHARD HILL ADDITION, CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA

Now and included in and forming a part of the City of Cushing , 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 September, 2004.
WOODBURY COUNTY BOARD OF SUPERVISORS

Copy filed.

Bid letting was held at 10:20 a.m. for four (4) three-quarter ton Pickup Trucks.

Bids were as follows:

Name Net Bid for Four Vehicles
Barry Motor Co., Danbury, IA $65,093.00
Condon Motor, Moville, IA $82,894.60
Knoepfler Chevrolet, Sioux City, IA $68,136.00
Sioux City Ford, Sioux City, IA $69,680.00
Charlie Zook Motors, Sioux City, IA $61,400.00

There were no further bids.

Motion by Batcheller second by Walish to receive the bids for four (4) 3/4 ton pickup trucks and submit to the county engineer for review and recommendation. Carried 5-0. Copy filed.

Bid letting was held at 10:25 a.m. for two (2) one-half ton 4WD Pickup Trucks or two (2) 4WD 4 DR Utility Vehicles.

Bids were as follows:

Name Net Bid for Two (2) 1/2 Ton Net Bid for Two (2)
4WD Pickups 4WD Utility Vehicles
Barry Motor Co., Danbury, IA $39,536.00 $42,550.00
Condon Motor, Moville, IA $46,640.00 $45,440.00
Knoepfler Chevrolet, Sioux City, IA $37,504.00 $40,906.00
Sioux City Ford, Sioux City, IA $40,974.00 $45,638.00
Charlie Zook Motors, Sioux City, IA $37,546.00 $39,752.00

There were no further bids.

Motion by Clausen second by Batcheller to receive the bids for two (2) 1/2 ton pickup trucks or two (2) 4WD Utility vehicles and submit to the county engineer for review and recommendation. Carried 5-0. Copy filed.

Motion by Batcheller second by Clausen to adopt a resolution for establishment of Area Service Level C Road. Carried 5-0.

RESOLUTION FOR ESTABLISHMENT OF AREA SERVICE C ROADS

Woodbury County Resolution No. 9867

WHEREAS, Woodbury County desires to classify certain roads on the area service system in the County to provide for a minimal level of maintenance and access by means of a gate or barrier; and

WHEREAS, the only persons who will have access rights to the roads shall be:

(1) the owner, lessee, or person in lawful possession of any adjoining land,
(2) the agent or employee of the owner, lessee or person in lawful possession of any adjoining land,
(3) any peace officer,
(4) any magistrate,
(5) any public employee whose duty it is to supervise the use or perform maintenance of the road,
(6) any agent or employee of any utility located upon the road.

WHEREAS, the minimal level of maintenance will be as follows:

1. Blading. Blading or dragging will not be performed on a regular basis but will be consistent with current practice.

2. Snow and Ice Removal. Snow and ice will not be removed, nor will the road surface be sanded or salted on a regular basis.

3. Signing. Except for load limit posting for bridges, signing shall not be continued or provided. ALL AREA SERVICE LEVEL C ROADS SHALL BE IDENTIFIED WITH A SIGN AT ALL POINTS OF ACCESS TO WARN THE PUBLIC OF THE LOWER LEVEL OF MAINTENANCE.

4. Weeds, Brush, an Trees. Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis. Adequate sight distances will not be maintained.

5. Structures. Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the replacement structure will be appropriate for the traffic thereon.

6. Road Surfacing. There will be no surfacing materials applied to Area Service System C Roads on a regular basis.

7. Shoulders. Shoulders will not be maintained on a regular basis.

8. Crown. A crown will not be maintained on a regular basis.

9. Repairs. There will be no road repair on a regular basis.

10. Uniform Width. Uniform width for the traveled portion of the road will not be maintained.

11. Inspections. Regular inspections will not be conducted.

12. Evaluation. The Board of Supervisors will review the effectiveness of this action within six months or no later than March 31, 2005.

THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY that this County does hereby establish the road described as an Area Service C road, with restricted access and a minimal level of maintenance.

130th Street from approximately 50 feet east of driveway at 4001 28th Street near corporate limits of Sioux City easterly approximately 6,274 feet to intersection of Buchanan Avenue.

Resolution adopted this 14th day of September, 2004.

Woodbury County Board of Supervisors

Copy filed.

The Public Hearing on Local Law Enforcement Block Grant funding expenditures was held at 10:30 a.m. The Chairman called on anyone wishing to be heard.

Motion by Batcheller second by Clausen to close the Public Hearing on Local Law Enforcement Block Grant expenditures as there was no one present wishing to be heard. Carried 5-0.

There was a discussion on Change Order #4 for Courthouse Restoration Phase VI.

Motion by Batcheller second by Clausen to approve Change Order #4 Courthouse Restoration Phase VI. Carried 5-0. 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.

The Board adjourned the regular meeting until September 21, 2004.