Search

Board Meetings

Meeting January 31, 2012

JANUARY 31, 2012 — FIFTH MEETING OF THE WOODBURY COUNTY BOARD OF SUPERVISORS

The Board of Supervisors met on Tuesday, January 31, 2012 at 10:00 a.m.  Board members present were Boykin, Clausen, Monson, Tripp and Smith.  Staff members present were Karen James, Board Administrative Coordinator, Joshua Widman, Assistant County Attorney, and Patrick F. Gill, Auditor/Clerk to the Board.

The Claims were approved as presented.  Copy filed.

The meeting was called to order.

Motion by Monson second by Clausen to approve the minutes of the 01/24/2012 Board meeting.  Carried 5-0.  Copy filed.

The Board approved the appointment of Steven Dicks, Temporary Equipment Operator, Secondary Roads Dept., effective 02-01-12, $19.27/hour. Not to exceed 120 days.  Copy filed.

The Board approved the appointment of Amanda Mahrt, Civilian Jailer, County Sheriff Dept., effective 02-03-12, $16.32/hour.  Job vacancy posted:  10-19-11.  Entry Salary:  $16.32/hour.  Copy filed.

The Board approved the reclassification of Samson Harris, Custodian, Building Services Dept., effective 02-14-12, $15.77/hour, 8%=$1.20/hour.  Per AFSCME Courthouse Contract agreement, from Grade 1/Step 4 to Grade 1/Step 5.  Copy filed.

Motion by Boykin second by Tripp to approve maintaining the reserve level on the County’s self-funded insurance plan at $2,250,000.  Carried 5-0. 

Motion by Boykin second by Tripp to receive as submitted, the Recorder’s Report of Fees Collected for the period of 10/01/2011 through 12/31/2011.  Carried 5-0.  Copy filed.

Motion by Tripp second by Clausen to receive the Sheriff’s Civil Division Second Quarter and Year to date Report.  Carried 5-0.  Copy filed.

Motion by Boykin second by Monson to approve the Grant Reallocation Agreement between Iowa Homeland Security and Emergency management Division and Woodbury County on behalf of Iowa’s Bomb Squad Task Force, per recommendation of Greg Logan, County Sheriff’s Office.  Carried 5-0.  Copy filed.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Permit to Work in the County Right of Way by Wayne Copple, per recommendation of County Engineer Mark Nahra.  Carried 5-0.  Copy filed.

Motion by Clausen second by Boykin to approve the Listing Agreement for Property located at 2383 240th, Hornick, with Henry homes.  Carried 5-0.  Copy filed.

Motion Clausen by second by Tripp to approve lifting the tax suspension for Gregory Vitito, 200 Main St, Pierson, Parcel #894312205009.  Carried 5-0.

A public hearing was held at 10:15 a.m. for the sale of property parcel #624765 (11 Water St, Oto). 

The Chairman called on anyone wishing to be heard. 
      
Motion by Clausen second by Boykin to close the hearing.   Carried 5-0.
 
Larry Pierce made the minimum bid of $332.00.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution for the sale of this parcel to Larry Pierce (17 Water St) for the minimum bid of $332.00 plus recording fees, for real estate parcel #624765 (11 Water St, Oto).  Carried 5-0.
      
RESOLUTION OF THE BOARD OF SUPERVISORS
OF WOODBURY COUNTY, IOWA
RESOLUTION #10,859
      
BE IT RESOLVED by the Board of Supervisors of Woodbury County, Iowa, that the offer at public auction of:

By    Larry Pierce and Dennis Forch______in the sum of Three Hundred Thirty-Two Dollars & 00/100 ($332.00)-----------------------------------------------------dollars.

For the following described real estate, To Wit:

Parcel #: 624765
Commencing at the Southwest corner of the Northeast Quarter of the Southwest  
Quarter of Section Six, Township Eighty-Six North, Range Forty-Three, West of
the 5th P.M., Woodbury County, Iowa, thence East on the South line of said Forty
acres 416 feet; thence North 160 feet to Fern Creek thence up said Fern Creek to
West line of said Forty acres, to wit: The Northeast Quarter of the Southwest
Quarter as aforesaid, thence South Sixty-four feet to place of beginning, and also
known and described as Lot One, Auditor’s First Plat Sub-division of Section Six,
Township Eighty-six, Range Forty-Three, Town of Oto, Woodbury County, Iowa   
(11 Water Street)
 
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 31st  Day of January, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to approve and authorize the Chairman to sign a Resolution ratifying, confirming, and approving publication of notice of public hearing for the issuance of Not to exceed $479,000 General Obligation Capital Loan Notes Series 2012.  Carried 5-0.

RESOLUTION # 10,860
Ratifying, Confirming, and Approving
Publication of Notice Of Public Hearing

PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for the meeting is as follows:
 
Not to Exceed $479,000 General Obligation Capital Loan Notes, Series 2012.

RESOLUTION RATIFYING, CONFIRMING AND APPROVING PUBLICATION OF NOTICE OF PUBLIC HEARING.

Public hearing on the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the County there under.

Resolution instituting proceedings to take additional action.

$479,000 General Obligation Capital Loan Notes, Series 2012.

Approval of Tax Exemption Certificate.

Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of Capital Loan Notes and levying a tax to pay the Notes.

Such additional matters as are set forth on the additional  page(s) attached hereto.

This notice is given at the direction of the Chairperson pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

A public hearing was held at 10:20 a.m. regarding Authorization of a Loan Agreement and the Issuance of Notes to Evidence the Obligation of the County There under. 

The Chairman called on anyone wishing to be heard.

James Van Bruggen, Taxpayer’s Research Council, discussed the need of the loan with the Board.

Motion by Boykin second by Tripp to close the hearing.  Carried 5-0.

Motion by Clausen second by Boykin to approve and authorize the Chairman to sign a Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan Agreement and the Issuance of Not to Exceed $479,000 General Obligation Capital Loan Notes.  Carried 5-0.

RESOLUTION #10,861
Resolution Instituting Proceedings to Take Additional Action
For the Authorization of a Loan Agreement and the Issuance of
not to Exceed $479,000 General Obligation Capital Loan Notes
      
WHEREAS, before said Notes may be issued, it was necessary to publish a notice of the proposal to issue such Notes and of the time and place of the meeting at which it is proposed to take action for the issuance of the Notes and to receive oral and/or written objections from any resident or property owner to such action; and

WHEREAS, the notice of meeting has been published as required by Sections 331.402, 331.441(2)(b)(5)(d) and 331.443 of the Code of Iowa, as amended, for the issuance of not to exceed $479,000 General Obligation Capital Loan Notes, Series 2012, for the purpose of paying the costs of improvements, equipping, remodeling, reconstruction, additions or extensions to public buildings; and the following action is now considered to be in the best interests of the City and its residents:

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

Section 1. That the action of the Auditor setting a public hearing before the Board of Supervisors to meet in the Board Room, Woodbury County Courthouse, 620 Douglas Street, Sioux City, Iowa, at 10:20 o'clock A.M., the 31st day of January, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $479,000 General Obligation Capital Loan Notes, Series 2012, of the County, the proceeds of which will be used to provide funds to pay the costs of improvements, equipping, remodeling, reconstruction, additions or extensions to public buildings, is hereby ratified, confirmed and approved.

Section 2. That the Auditor had caused publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the County, said publication being not less than four (4) nor more than twenty (20) clear days before the date of the public meeting on the issuance of the Notes.

Section 3. That the form of notice of public hearing is hereby ratified, confirmed and approved.

Section 4.  That this Board does hereby institute proceedings and take additional action for the issuance in the manner required by law of not to exceed $479,000 General Obligation Capital Loan Notes, Series 2012, for the foregoing purpose.

PASSED AND APPROVED this 13st day of January, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Motion by Boykin second by Tripp to approve Tax Exemption Certifications.  Carried 5-0.  Copy filed.

Motion by Boykin second by Clausen to approve and authorize the Chairman to sign a Resolution Approving and Authorizing a Form of Loan Agreement  and Authorizing and Providing for the Issuance of Capital Loan Notes and Levying a Tax to pay the notes. Carried 5-0.

RESOLUTION #10,862
Resolution Approving and Authorizing a Form of Loan Agreement
and Authorizing and Providing for the Issuance of Capital Loan
Notes 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 improvements, equipping, remodeling, reconstruction, additions or extensions to public buildings, an essential county purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and that County General Obligation Capital Loan Notes, Series 2012, in the amount of $479,000, be issued for the foregoing purpose; and

WHEREAS, pursuant to notice published as required by Sections 331.402, 331.441(2)(b)(5)(d) and 331.443 of the Code, this Board of Supervisors has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $479,000 General Obligation Capital Loan Notes, Series 2012, and the Board is therefore now authorized to proceed with the issuance of said General Obligation Capital Loan 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 $479,000 General Obligation Capital Loan Notes, Series 2012 authorized to be issued by this Resolution.

"Paying Agent" shall mean 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 improvements, equipping, remodeling, reconstruction, additions or extensions to public buildings.

"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 mean the County Treasurer of Sioux City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes.

"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 County, State of Iowa, to-wit:


AMOUNT

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

$  95,922 (cash available) 2011/2012
$101,063 2012/2013
$101,344 2013/2014
$100,586 2014/2015
$100,812 2015/2016

(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2011, will be collected during the fiscal year commencing July 1, 2012).

(b) Additional County Funds Available. Principal and interest coming due at anytime when the proceeds of such 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. The 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 2012 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 the fund its proportion of taxes received by the County from property that is centrally assessed by the State of Iowa.

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, 2011 (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 Chapter 12C of the Code of Iowa, 2011, 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 2012, of the County in the total amount of $479,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 331.402, 331.441(2)(b)(5)(d) 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 NOTES, SERIES 2012", be dated February 1, 2012, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, the interest payable on June 1, 2012, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided.

The Notes shall be executed by the manual 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 $1,000 or multiples thereof, and shall mature and bear interest as follows:

Principal
Amount

Interest
Rate

Maturity
June 1st

$93,000 1.83% 2012
$94,000 1.83% 2013
$96,000 1.83% 2014
$97,000 1.83% 2015
$99,000 1.83% 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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"
"WOODBURY COUNTY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
"SERIES 2012"
"ESSENTIAL COUNTY PURPOSE"

Item 2, figure 1= Rate: __________%
Item 3, figure 1= Maturity: _______________
Item 4, figure 1= Note Date: February 1, 2012
Item 5, figure 1= CUSIP No.: _______________
Item 6, figure 1= "Registered"
Item 7, figure 1= Certificate No. _______________
Item 8, figure 1= Principal Amount: $1,000

Item 9, figure 1= Woodbury County, 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 such sum from the date hereof until paid at the rate per annum specified above, payable on June 1, 2012, and semiannually thereafter on the 1st day of June and December in each year.

Interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month 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 Sections 331.402, 331.441(2)(b)(5)(d) and 331.443 of the Code of Iowa, as amended, for the purpose of paying costs of improvements, equipping, remodeling, reconstruction, additions or extensions to public buildings, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated January 31, 2012, 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.

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

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

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

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

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

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

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

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 the 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 such statute and regulations issued there under.

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 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 ordinancesand resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED this 31st day of January, 2012.
WOODBURY COUNTY BOARD OF SUPERVISORS
Copy filed.

Discussion on Mental Health Redesign with Patty Erickson-Puttmann, Social Services Coordinator.

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

Bob Jones, Sloan discussed the possible relocation of the Port Neal Interchange.
 
Motion by Boykin second by Clausen to receive the County Attorney-Administration budget reduced by $3,200.00.  Carried 5-0.

Motion by Tripp second by Clausen to receive the County Attorney-Edward Byrne Grant budget as submitted.  Carried 5-0.

Motion by Boykin second by Monson to receive the County Attorney-Juvenile Division budget as submitted.  Carried 5-0.

Motion by Boykin second by Clausen to receive the County Attorney-Jury & Witness budget as submitted.  Carried 5-0.

Motion by Boykin second by Monson to receive the Juvenile Detention and Receiving  (General Supplemental) as submitted.  Carried 5-0.

Motion by Monson second by Tripp to receive the Juvenile Detention Gang Prevention Program (General Supplemental) reduced by $11,966.  Carried 5-0.

Motion by Boykin second by Clausen to receive the First Tee (General Supplemental) budget as increased by $2,300.00.  Carried 4-1; Tripp opposed.

Motion by Tripp second by Monson to receive the Juvenile Mental Health Coordinator (General Supplemental) budget increased by $300.00.  Carried 5-0.

Motion by Monson second by Boykin to receive the Juvenile Teen Court (General Supplemental) budget as submitted.  Carried 5-0.

Motion by Tripp second by Clausen to receive the Juvenile Court Appointed Juvenile Attorneys (General Supplemental) budget as submitted.  Carried 5-0.

Motion by Tripp second by Monson to receive the Youth Guidance Services (General Supplemental) budget as submitted.  Carried 5-0.

Motion by Clausen second by Tripp to receive the Purchased Services (General Supplemental) budget as submitted.  Carried 5-0.

Motion by Clausen second by Boykin to receive the Secondary Roads budget as submitted.  Carried 5-0. 

Motion by Boykin second by Monson to receive the Roadside Management (Rural Basic) budget as submitted.  Carried 5-0.

The Board recessed for lunch.

Motion by Boykin second by Clausen to receive the Board of Supervisors Expense (General Basic) budget as submitted.  Carried 5-0.

Motion by Boykin second by Clausen to receive the Board of Supervisors-Board Administration budget as submitted.  Carried 5-0.

Motion by Tripp second by Monson to receive the Board of Supervisors-Civil Service budget as submitted.  Carried 5-0.

Motion by Tripp second by Boykin to receive the Board of Supervisors-Public Bidder budget as submitted.  Carried 5-0.

Motion by Clausen second by Boykin to receive the Board of Supervisors-Mail Services budget as submitted.  Carried 5-0.

Motion by Monson second by Clausen to receive the District Court Operations (General Supplemental) budget as submitted.  Carried 5-0.

Motion by Monson second by Boykin to receive the Phoenix Program (General Supplemental) budget as submitted.  Failed 2-2; Tripp passed.

Motion by Boykin second by Tripp to receive the Riverboat Fund (Non-tax) budget and the Infrastructure/ Economic Development Funds (Non-Tax) budget as submitted.  Carried 5-0.

Motion by Boykin second by Monson to receive the County CIP Project budget increased by $550,000.  Carried 4-1, Clausen opposed.

Motion by Boykin second by Monson to receive the Equipment Replacement Plan 2013-2017 budget increased by $31,300.00.  Carried 5-0.

Motion by Boykin second by Tripp to receive the Homeland Security budget as submitted.  Carried 5-0.

Motion by Boykin second by Monson to approve a 2% wage increase for wage plan employees.  Carried 5-0.

Any other items that have been deferred from previous budget hearings.

The Board adjourned the regular meeting until February 7, 2012. 

Receive Agenda By eMail