Woodbury County Supervisors Minutes — June 9, 2020
TWENTY-THIRD MEETING OF THE
WOODBURY COUNTY BOARD OF SUPERVISORS
The Board of Supervisors met on Tuesday, June 9, 2020 at 4:30 p.m. Board members present were Pottebaum, Radig, De Witt, and Ung. Staff members present were Karen James, Board Administrative Assistant, Dennis Butler, Budget/Tax Analyst, Melissa Thomas, HR Director, and Patrick Gill, Auditor/Clerk to the Board.
The regular meeting was called to order with the Pledge of Allegiance to the Flag and a Moment of Silence.
There were no citizen concerns.
Motion by Ung second by De Wit to approve the agenda for June 9, 2020, Carried 4-0. Copy Filed.
Motion by Ung second by Radig to approve the following items by consent:
To approve minutes of the June 2, 2020 meeting. Copy filed.
To approve the claims totaling $397,985.99. Copy filed.
To approve and receive for signatures a Resolution Thanking and Commending Dianne McTeer for her years of service to Woodbury County.
RESOLUTION #12,989
A RESOLUTION THANKING AND COMMENDING DIANNE MCTEER
FOR HER SERVICES TO WOODBURY COUNTY
WHEREAS, Dianne McTeer has capably served Woodbury County as an employee of the Juvenile Detention Department for 36 years from June 19, 1984 to June 19, 2020.
WHEREAS, the service given by Dianne McTeer as a Woodbury County employee, has been characterized by her dedication to the best interests of the citizens of Woodbury County; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF WOODBURY COUNTY, IOWA that the undersigned members of this Board thanks and commends Dianne McTeer for her years of service to Woodbury County; and
BE IT FURTHER RESOLVED that it is the wish of all those signing below that the future hold only the best for this very deserving person, Dianne McTeer.
BE IT SO RESOLVED this 9th day of June 2020.
Copy filed.
To approve the lifting of tax suspension for petitioners who failed to re-certify their income or income does not qualify for continued tax suspension. Copy filed.
To approve the promotion of Kimberly Grieve, Election Clerk III, County Auditor Dept., effective 02-17-20, $23.06/hour, 6.7%=$1.46/hour. Promotion from Election Clerk II to Election Clerk III.; the separation of David Benson, P/T Courthouse Safety & Security Officer, County Sheriff Dept., effective 04-05-20. Resignation. ; and the appointment of Ely Fundermann, Temporary Summer Laborer, Secondary Roads Dept., effective 06-10-20, $11.00/hour. Not to exceed 120 days. Copy filed.
To approve floating holiday date for AFSCME collective bargaining agreements and wage plan employees for years 2020-2023. Copy filed.
To approve Diane Prieksat to the Siouxland District Board of Health for a three year term ending December 31, 2022. Copy filed.
To approve the permit to work in the right of way for Bryce Beeson. Copy filed. Carried 4-0.
The Canvass was held for the Primary Election held on June 2, 2020.
It was reported by Steve Hofmeyer, Deputy Elections:
There were 7 provisional ballots of which 6 were accepted and added to the tally. 1 was rejected because the voter already submitted an absentee ballot. The were 185 after-election ballots of which 118 were accepted and added to the tally. 67 were rejected due to late postmarks.
United States Senator – Democratic
Michael Franken received One Thousand and Eighty-Two (1,082) votes
Kimberly Graham received Seven Hundred and Four (704) votes
Theresa Greenfield received Three Thousand Five Hundred and Twenty-Eight (3,528) votes
Eddie J. Mauro received Five Hundred and Ninety-Six (596) votes
Cal Woods received Eighty-Seven (87) votes
Scattering received Ten (10) votes
Total: Six Thousand and Seven (6,007) votes
United States Representative District 4 – Democratic
J.D. Scholten received Five Thousand Seven Hundred and Fifty-One (5,751) votes
Scattering received Twenty-Three (23) votes
Total Five Thousand Seven Hundred and Seventy-Four (5,774) votes
State Representative District 5 – Democratic
Scattering received Zero (0) votes
Russell A. Buckholtz received Two (2) votes
Kirk Scheelhaase received Two (2) votes
Bob Bergendal received One (1) vote
Blake Stratton received One (1) vote
Brett Logsdon received One (1) vote
Casey Stratton received One (1) vote
Donald J. Trump received One (1) vote
Jeff Taylor received One (1) vote
Mollie Brauer received One (1) votes
Carter Smith received One (1) votes
(Blank) received Three (3) votes
Total: Fifteen (15) votes
Scattering received Sixty-Five (65) votes
Rita De Jong received Twelve (12) votes
C.J. Peterson received Ten (10) votes
Jacob Bossman received Five (5) votes
(Blank) received Nine (9) votes
Total: One Hundred and One (101) votes
State Representative District 13 – Democratic
Chris Hall received One Thousand Six Hundred and Ninety-One (1,691) votes
Scattering received Six (6) votes
Total: One Thousand Six Hundred and Ninety-Seven (1,697) votes
Steve Hansen received One Thousand Seven Hundred and Forty-Three (1,743) votes
Scattering received Seventeen (17) votes
Total: One Thousand Seven Hundred and Sixty (1,760) votes
Jan Creasman received One Hundred and Fifty-Five (155) votes
Scattering Received Two (2) votes
County Supervisor District 1 – Democratic
Kevin McCormick received Five Thousand Five Hundred and One (5,501) votes
Scattering received Twenty (20) votes
Total: Five Thousand Five Hundred and Twenty-One (5,521) votes
We therefore declare:
Kevin McCormick to be duly nominated for the office of County Supervisors District 1 – Democratic.
Marty Pottebaum received Five Thousand Four Hundred and Seventy-Seven (5,477) votes
Scattering received Twenty-Two (22) votes
Total: Five Thousand Four Hundred and Ninety-Nine (5,499) votes
Marty Pottebaum to be duly nominated for the office of County Supervisor District 3 – Democratic
Patty Erickson-Puttmann received Five Thousand One Hundred and Ninety-Five (5,195) votes
Scattering received Thirty-One (31) votes
Total: Five Thousand Two Hundred and Twenty-Six (5,226) votes
Patty Erickson-Puttmann to be duly nominated for the office of County Supervisor District 5 – Democratic.
County Auditor & Recorder – Democratic
Pat Gill received Five Thousand Seven Hundred and Fifty-Six (5,756) votes
Total: Five Thousand Seven Hundred and Seventy-Three (5,773) votes
Pat Gill to be duly nominated for the office of County Auditor & Recorder – Democratic.
County Sheriff – Democratic
Scattering received Three Hundred and Ten (310) votes
Chad Sheehan received Four Hundred and Twenty (420) votes
Todd Wieck received Two Hundred and Thirty-Three (233) votes
Total: Nine Hundred and Sixty-Three (963) votes
United States Senator – Republican
Joni Ernst received Nine Thousand Two Hundred and Ninety-Five (9,295) votes
Scattering received One Hundred and Forty-Seven (147) votes
Total: Nine Thousand Four Hundred and Forty-Two (9,442) votes
United States Representative District 4 – Republican
Randy Feenstra received Three Thousand Nine Hundred and Seventy-Four (3,974) votes
Steve King received Three Thousand Six Hundred and Twenty-Four (3,624) votes
Steven Reeder received Two Hundred and Fifty-Seven (257) votes
Bret A. Richards received Five Hundred and Seventy-Four (574) votes
Jeremy Taylor received One Thousand Nine Hundred and Twenty-One (1,921) votes
Scattering received Thirty-Nine (39) votes
Total: Ten Thousand Three Hundred and Eighty-Nine (10,389) votes
State Representative District 5 – Republican
Thomas Jeneary received Seven Hundred and Fifty (750) votes
Scattering received Eight (8) votes
Total: Seven Hundred and Fifty-Eight (758) votes
Jacob Bossman received Three Thousand Five Hundred and Seventy (3,570) votes
Scattering received Thirty-Two (32) votes
Total: Three Thousand Six Hundred and Two (3,602) votes
State Representative District 13 – Republican
Scattering received Forty-Two (42) votes
Chris Hall received Seven (7) votes
Ernest J. Gigaroa received Three (3) votes
(Blank) received Eight (8) votes
Total: Sixty (60) votes
Robert Henderson received One Thousand Six Hundred and Seventy-Six (1,676) votes
Scattering received Nineteen (19) votes
Total: One Thousand Six Hundred and Ninety-Five (1,695) votes
Matt W. Windschitl received Five Hundred and Ten (510) votes
Scattering received One (1) votes
Total: Five Hundred and Eleven (511) votes
County Supervisor District 1 – Republican
Keith W. Radig received Eight Thousand One Hundred and Sixty-Six (8,166) votes
Scattering received One Hundred and Two (102) votes
Total: Eight Thousand Two Hundred and Sixty-Eight (8,268) votes
Keith W. Radig to be duly nominated for the office of County Supervisor District 1 – Republican.
Scattering received Two Hundred and Fifteen (215) votes
Jeremy Taylor received One Hundred and Fifty (150) votes
Total: Three Hundred and Sixty-Five (365) votes
Rocky De Witt received Eight Thousand Two Hundred and Four (8,204) votes
Scattering received Ninety-Two (92) votes
Total: Eight Thousand Two Hundred and Ninety-Six (8,296) votes
Rocky De Witt to be duly nominated for the office of County Supervisor District 5 – Republican.
County Auditor & Recorder – Republican
Scattering received One Hundred and Ninety-Eight (198) votes
Jeremy Taylor received One Hundred and Thirty-Five (135) votes
Pat Gill received Twenty-Eight (28) votes
Total: Three Hundred and Sixty-One (361) votes
County Sheriff – Republican
Chad Sheehan received Six Thousand Three Hundred and Forty (6,340) votes
Todd R. Wieck received Four Thousand One Hundred and Seventeen (4,117) votes
Scattering received Eleven (11) votes
Total: Ten Thousand Four Hundred and Sixty-Eight (10,468) votes
Chad Sheehan to be duly nominated for the office of County Sheriff – Republican.
Motion by Ung second by Radig to receive for signatures the canvass of the Primary Election held on June 2, 2020. Carried 4-0. Copy filed.
Motion by Ung second by De Witt to approve and authorize the Chairperson to sign a Resolution approving and authorizing a form of lean agreement and authorizing and providing for the issuance of $900,000 general obligation capital loan notes, series 2020, and levying a tax to pay said notes; approval of the tax exemption certificate. Carried 4-0.
RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $900,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2020, AND LEVYING A TAX TO PAY SAID NOTES; APPROVAL OF THE TAX EXEMPTION CERTIFICATE
WHEREAS, the Issuer is a political subdivision, organized and exists 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 (a) the erection, equipment, remodeling, or reconstruction of, and additions or extensions to public buildings, including the site or grounds thereof and including, but not limited to paving the parking lot at the Sheriff Training Center, renovations to Dist. Health building, EMS fire detection equipment, computer scanning and election equipment, computer equipment for Courthouse, fire suppression system at Courthouse, renovations to data center room at Courthouse; and (b) peace officer communication equipment and other emergency services communication equipment and systems, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Capital Loan Notes, to the amount of not to exceed $705,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.443 of the Code of Iowa, 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 said Notes for such purpose(s); and
WHEREAS, the County is in need of funds to pay costs of acquisition of an air truck for emergency services and spray equipment for secondary roads which is necessary for the operation of the county or the health and welfare of its citizens, general county purpose(s), and it is deemed necessary and advisable that General Obligation Capital Loan Notes, to the amount of not to exceed $195,000 be authorized for said purpose(s); and
WHEREAS, the Issuer has a population in excess of 50,000, and the Notes for these purposes do not exceed $300,000; and
WHEREAS, pursuant to notice published as required by Sections 331.402 and 331.442 of the Code of Iowa, the Board of the County has held public meeting and hearing upon the proposal to institute proceedings for the issuance of Notes for general county purpose(s) in the amounts as above set forth, and, no petition for referendum having been received, the Board is therefore now authorized to proceed with the issuance of said Notes for such purpose(s); and
WHEREAS, pursuant to Section 331.445 of the Code of Iowa, it is hereby found and determined that the various general obligation capital loan Notes authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $900,000 General Obligation Capital Loan Notes as hereinafter set forth; and
WHEREAS, the above mentioned Notes were heretofore sold and action should now be taken to issue said Notes conforming to the terms and conditions of the best bid received at the sale.
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 created in Section 3 of this Resolution.
* "Notes" shall mean $900,000 General Obligation Capital Loan Notes, Series 2020, 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 (a) the erection, equipment, remodeling, or reconstruction of, and additions or extensions to public buildings, including the site or grounds thereof and including, but not limited to paving the parking lot at the Sheriff Training Center, renovations to Dist. Health building, EMS fire detection equipment, computer scanning and election equipment, computer equipment for Courthouse, fire suppression system at Courthouse, renovations to data center room at Courthouse; (b) peace officer communication equipment and other emergency services communication equipment and systems; and (c) acquisition of an air truck for emergency services and spray equipment for secondary roads which is necessary for the operation of the county or the health and welfare of its citizens.
* "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 Woodbury County, 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 Notes.
* "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be 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. 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:
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$191,676* 2020/2021
$190,008 2021/2022
*Payable from available cash on hand.
(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2020 will be collected during the fiscal year commencing July 1, 2021.)
b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Woodbury County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the County are collected, and when collected be used for the purpose of paying principal and interest on said Notes issued in anticipation of the tax, and for no other purpose whatsoever.
c) Additional County Funds Available. Principal and interest coming due at any time 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 3. 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 onverted into a special fund within the Debt Service Fund to be known as the "2020 GENERAL OBLIGATION CAPITAL LOAN NOTE FUND 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 property that is centrally assessed by the State of Iowa.
Section 4. 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 therefrom for the purposes of issuance. 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.
Section 5. Investment of Note Fund Proceeds. All moneys held in the Note Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, 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, 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 6. Note Details, Execution and Redemption.
a) Note Details. General Obligation Capital Loan Notes of the County in the amount of $900,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 331.402, 331.442, 331.443 and 331.445 of the Code of Iowa for the aforesaid purposes. The Notes shall be issued in one or more series and shall be 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 2020", be dated June 25, 2020, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2020, 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 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. The Notes shall mature and bear interest as follows:
Principal Interest
Maturity Amount Rate
June 1st 2025* $900,000 1.390%
*Term Note
b) Redemption.
i. Optional Redemption. The Notes may be called at any time for optional redemption by the Issuer 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' written notice of redemption shall be given to the registered owner of the Note. Failure to give written notice 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. Written notice will be deemed completed upon transmission to the owner of record.
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.
ii. Mandatory Payment and Redemption of Term Notes. All Term Notes are subject to mandatory redemption prior to maturity at a price equal to 100% of the portion of the principal amount thereof to be redeemed plus accrued interest at the redemption date on June 1st of each of the years in the principal amount set opposite each year in the following schedule:
Term Note:
Maturity June 1st
$180,000 1.390% 2021
$180,000 1.390% 2025*
*Final Maturity
The principal amount of Term Notes may be reduced through the earlier optional redemption, with any partial optional redemption of the Term Notes credited against future mandatory redemption requirements for such Term Notes in such order as the County shall determine.
Section 7. 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 Note 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 and Section 331.446 of the Code of Iowa, 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 canceled by the Registrar. All Notes which are canceled 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 canceled Notes to the Issuer.
f) Non-Presentment of Notes. In the event any payment check, wire, or electronic transfer of funds 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 8. 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 9. 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. Upon receipt of the final payment of principal, the holder of the Note shall surrender the Note to the Paying Agent.
Section 10. Execution, Authentication and Delivery of the Notes. Upon the adoption of this Resolution, the Chairperson and Auditor shall execute the Notes by their manual or authorized signature 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 11. 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 12. Form of Note. Notes shall be printed substantially in the form as follows:
"STATE OF IOWA"
"COUNTY OF WOODBURY"
"GENERAL OBLIGATION CAPITAL LOAN NOTE"
COUNTY PURPOSE
Rate: 1.390%
Maturity: June 1, 2025
Note Date: June 25, 2020
CUSIP No.: N/A
Certificate No. 1
Principal Amount: $900,000
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
(Registration panel to be completed by Registrar or Printer with name of Registered Owner). or registered assigns, the principal sum of (enter principal amount in long form) 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 the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2020, and semiannually thereafter on the 1st day of June and December in each year as set forth in the Debt Service Schedule attached hereto and incorporated herein by this reference.
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, 331.442, 331.443 and 331.445 of the Code of Iowa, for the purpose of paying costs of (a) the erection, equipment, remodeling, or reconstruction of, and additions or extensions to public buildings, including the site or grounds thereof and including, but not limited to paving the parking lot at the Sheriff Training Center, renovations to Dist. Health building, EMS fire detection equipment, computer scanning and election equipment, computer equipment for Courthouse, fire suppression system at Courthouse, renovations to data center room at Courthouse; (b) peace officer communication equipment and other emergency services communication equipment and systems; and (c) acquisition of an air truck for emergency services and spray equipment for secondary roads which is necessary for the operation of the county or the health and welfare of its citizens, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated the date hereof, in conformity to a Resolution of the Board of said County duly passed and approved. For a complete statement of the funds from which and the conditions under which this Note is payable, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution.
The Notes may be called at any time for optional redemption by the Issuer 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.
The Notes maturing on June 1, 2025 are subject to mandatory redemption prior to maturity by application of money on deposit in the Note Fund and shall bear interest at 1.390% per annum at a price of the portion of the principal amount thereof to be redeemed plus accrued interest at the redemption date on June 1st of each of the years in the principal amount set opposite each year in the following schedule:
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 Section 331.446 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Note Resolution.
This Note is a "qualified tax-exempt obligation" designated by the County for purposes of Section 265(b)(3)(B) of the Internal Revenue Code of 1986.
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 such taxes have been 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.
IN TESTIMONY WHEREOF, the Issuer by its Board, has caused this Note to be signed by the manual or facsimile signature of its Chairperson and attested by the manual or facsimile signature of its County Auditor, with the seal of the County printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the County Treasurer, Woodbury County, Iowa.
Date of authentication:
This is one of the Notes described in the within mentioned
Resolution, as registered by the County Treasurer.
COUNTY TREASURER, Registrar
Woodbury County, Iowa
By: Authorized Signature
Registrar and Transfer Agent: County Treasurer
Paying Agent: County Treasurer
SEE REVERSE FOR CERTAIN DEFINITIONS
(Seal)
(Signature Block)
WOODBURY COUNTY, STATE OF IOWA
By: (manual or facsimile signature)
(Information Required for Registration)
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 Tas 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 rights 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 13. Loan Agreement and Closing Documents. 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. The Chairperson and County Auditor are authorized and directed to execute, attest, seal and deliver for and on behalf of the County any other additional certificates, documents, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution.
Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes 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 notes within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Notes it will comply with the requirements of statutes 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 notes.
Section 16. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Notes. The form of Tax Exemption Certificate is approved. 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 County Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete 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 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 Section 265(b)(3)(B) of the Internal Revenue Code of the United States, the Issuer hereby designates the Notes as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and qualified 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.
Section 21. 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.
PASSED AND APPROVED this 9th day of June, 2020.
Motion by De Witt second by Pottebaum to approve and authorize the Chairperson to sign a resolution setting interest rates for drainage warrants for districts under the jurisdiction of the Woodbury County Board of Supervisors. Carried 4-0.
RESOLUTION ESTABLISHING THE INTEREST RATE
PAID ON DRAINAGE WARRANTS
WHEREAS, the Woodbury County Board of Supervisors has the authority to establish the interest rate on drainage warrants pursuant to Iowa Code Chapter 468.
NOW, THEREFORE, BE IT RESOLVED, by the Woodbury County Board of Supervisors that the interest rate for Drainage Warrants is hereby set at 5% APR for Fiscal Year 2021.
SO RESOLVED this 9th day of June, 2020.
DATED this 9th day of June, 2020
Motion by Ung second by Porrebaum to approve and authorize the Chairperson to sign the following Drainage Resolutions. Carried 4-0.
ORTON SLOUGH DRAINAGE
DISTRICT RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE TO THE WOODBURY COUNTY, IOWA
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Orton Slough Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Orton Slough Drainage District, that a special tax and/or assessment in the sum of $ 200.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BE IT FURTHER RESOLVED that the said levy and/or assessment be and the same is hereby certified to the Woodbury County Auditor who is hereby directed to effect said levy and/or assessment against all of the said lands, etc., in the same ratio and upon the same classification as heretofore adopted, established and confirmed and enter same upon the tax list of Woodbury County for collection with the first half of the current year real estate taxes.
SMOKEY HOLLOW DRAINAGE DISTRICT
RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE TO WOODBURY COUNTY, IOWA
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Smoky Hollow Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Smoky Hollow Drainage District, that a special tax and/or assessment in the sum of $0.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
DATED this 9th day of June, 2020.
WEBER CREEK DRAINAGE DISTRICT
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Weber Creek Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Weber Creek Drainage District, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
WOLF CREEK DRAINAGE DISTRICT
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Drainage District, that a special tax and/or assessment in the sum of $ 20,000.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
BENNETT-MCDONALD DRAINAGE DISTRICT
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Bennett-McDonald Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Bennett-McDonald Drainage District, that a special tax and/or assessment in the sum of $ 500.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
SMITHLAND DRAINAGE DISTRICT RESOLUTION LEVYING SPECIAL ASSESSMENT AND CERTIFICATE TO THE WOODBURY COUNTY, IOWA
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Smithland Drainage District of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies, and public highways within the boundaries of the said Drainage District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Smithland Drainage District, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies, and public highways within said Drainage District and same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
WOLF CREEK PUMPING DISTRICT #2
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Wolf Creek Pumping District #2 of Woodbury County, Iowa; and
WHEREAS, said Board, as Trustees, has determined that it is necessary to levy a special tax and/or assessment on all tracts of land, lots, railroad companies, and public highways within the boundaries of the said Pumping District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Pumping District #2, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies, and public highways within said Pumping District and same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Wolf Creek Pumping District #3, that a special tax and/or assessment in the sum of $ 1,000.00 be levied against all the tracts of land, lots, railroad companies, and public highways within said Pumping District and same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
ANTHON CENTRAL DRAINAGE DISTRICT
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Anthon Central Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Anthon Central Drainage District, that a special tax and/or assessment in the sum of $ 200.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
MAPLE RIVER DRAINAGE DISTRICT
RESOLUTION LEVYING
SPECIAL ASSESSMENT AND CERTIFICATE TO WOODBURY COUNTY, IOWA
WHEREAS, the Woodbury County Board of Supervisors is the governing body of the Maple River Drainage District of Woodbury County, Iowa; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Woodbury County Board of Supervisors as the governing body of the Maple River Drainage District, that a special tax and/or assessment in the sum of $ 0.00 be levied against all the tracts of land, lots, railroad companies and public highways within said Drainage District, same to be in the same ratio and upon the same classification as heretofore established, adopted and confirmed.
Motion by Ung second by De Witt to receive a letter of informal advice from the Iowa Attorney General's Office regarding expenses incurred from a mandated city assessor mailing. Carried 4-0. Copy filed.
The Board heard reports on committee meetings.
There were no citizen concerns. Board concerns were heard.
The Board adjourned the regular meeting until June 16, 2020.
Meeting sign in sheet. Copy filed.