Category: Legal Notice

Black Hawk County Board of Supervisors – May 16, 2017

  Waterloo, Iowa May 16, 2017
The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were present: Frank Magsamen, Chair; Linda Laylin, Tom Little, Chris Schwartz and Craig White.
Absent: None.
Unless otherwise noted, all actions were approved unanimously.
Moved by Little, seconded by White that the AGENDA be received and place on file with the County Auditor as approved. Motion carried.
Schwartz moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:
GENERAL BASIC FUND
IPERS ipers 82,894.17
COLLECTION SVC CTR
oth pay 691.64
IRS fed pay 74,130.90
IA DEPT OF REV state pay 29,373.99
SSA fica 102,141.61
CEDAR VALLEY UNITED WAY
oth pay 132.50
MIDWEST AUTOMATED TIME SYSTEMS svc 387.00
AHLERS & COONEY svc 1,199.50
BAUER BUILT TIRE svc 551.60
CBM MANAGED SVCS food 9,343.47
CDW GOVERNMENT INC maint 1,228.94
DEPT OF CORRECTIONAL SVCS
svc 16,846.91
DWD INVESTMENTS rent 350.00
GBM PROPERTY MGMT rent 300.00
KIRCHNER HANSON KALEEN
rent 325.00
LPC PRINTING & DESIGN publ 1,908.50
MAHONEY KATHRYN J svc 366.00
MARCO INC svc 185.30
MATT PARROTT/STOREY KENWORTHY supl 607.36
MENARDS WLOO eq 223.03
MEYER, BRITTANI svc 222.50
ON SITE INFO DESTRUCTION
svc 59.80
PAGE RACHEL rent 200.00
PTS OF AMERICA svc 579.60
RITE PRICE OFFICE SUPL INC
supl 1,764.72
SANDEES LTD supl 480.00
SCOTS SUPL CO INC supl 12.37
WEBER PAPER CO supl 1,092.73
GERHOLDT , PENNY reimb 98.00
HAHN, ADAM reimb 68.00
SWANSON JANIS mil 55.58
WEBER, KRIS mil 30.48
COUNTRY VIEW ipers ref 768.91
AFSCME IOWA COUNCIL 61
oth pay 695.80
BHC LAW ENFORCEMENT ASSOC
oth pay 504.18
COMMUNITY HLTH CHARITIES IA
oth pay 43.00
FIDELITY SECURITY LIFE INS CO
ins 2,592.91
IUPAT DISTRICT COUNCIL 81
oth pay 608.96
LEGALSHIELD oth pay 211.45
MN CHILD SUPPORT PAYMENT CTR oth pay 275.00
NATIONWIDE RETIREMENT
def com 5,515.00
NATIONWIDE RETIREMENT
def com 997.50
NM CHILD SUPPORT oth pay 208.15
PECU oth pay 26,286.92
ADVANCED SYSTEMS INC eq 1,231.25
BLACK HAWK WASTE DISPOSAL
eq rent 56.00
BLUHM ELECTRIC INC eq rpr 78.00
BROSH CHAPEL svc 1,000.00
BUCHANAN CO SHERIFF svc 67.94
C&S REAL ESTATE rent 625.00
CEDAR BEND HUMANE SOCIETY INC alloc 2,232.71
CF UTILITIES util 1,067.77
CENTEC CAST METAL PRODUCTS
svc 1,058.27
CENTURYLINK svc 209.96
COAST TO COAST COMPUTER PRODUCTS supl 467.50
COOLEY PUMPING svc 125.00
COURIER publ 948.89
CROSSROADS APTS rent 200.00
DEN HERDER VET HOSPITAL
svc 135.47
EMERSON PLACE APTS rent 200.00
FAYETTE CO UNION publ 300.00
FAYETTE CO UNION publ 150.00
FAYETTE CO UNION publ 428.60
GALLS LLC supl 162.80
GLAXOSMITHKLINE supl 1,939.70
GRAINGER INC eq 768.00
GREENWAY svc 4,236.02
HIGHLAND PARK rent 154.00
HUFF HOLDING INC rent 225.00
INNOVATIVE RE HOLDINGS rent 212.50
INTERNATL ACADEMY 6OF EMERG DISPATCH educ 100.00
IOWA BANKERS MORTGAGE CORP loan 261.00
IA DIV OF CRIMINAL INVEST
educ 135.00
IOWA PRISON INDUSTRIES eq 6,320.00
IA SEC OF STATE svc 30.00
KFMW – FM svc 100.00
MARSHALL CO SHERIFF svc 21.00
MEDIACOM svc 706.80
MERCK & CO INC supl 1,897.72
MID AMERICAN ENERGY util 18,145.03
MID AMERICAN ENERGY/SPEC ACCT util 100.00
NATL ASSOC OF CO & CITY HLTH OFFICIALS dues 775.00
PAKOR INC svc 280.49
PREFERRED REALTORS rent 200.00
SAILOR JOE SR rent 300.00
SAMS WHOLESALE CLUB supl 778.70
SCHEELS supl 349.50
SHRED MASTER INC svc 57.54
SIDWELL CO svc 230.00
SILVER EAGLE HARLEY DAVIDSON
eq 170.95
SUNTRAC SVCS INC svc 60.00
THOMPSON LAND DEVELOPMENT svc 1,620.00
TOTAL ACCESS GROUP INC
supl 968.80
US CELLULAR svc 606.44
VAN WYNGARDEN & ABRAHAMSON INC svc 1,276.80
VERIZON WIRELESS svc 1,557.34
WATERFALLS CAR WASH lbr 70.75
WATERLOO HERITAGE HOMES
rent 250.00
WLOO WATER WORKS wtr 142.68
WLOO WATER WORKS wtr 64.00
WELAND CLINICAL LABS svc 275.00
WELLINGTON PARK APTS rent 225.00
WILLOW RUN HGTS rent 250.00
WINDSTREAM IA COMMUNICATIONS tel 271.62
WOLFCOM ENTERPRISES
eq rpr 245.00
XEROX CORP svc 158.67
EDWARDS, MOLLY reimb 106.86
HALEY STEVEN educ 21.00
HOLBACH, ZACH educ 246.00
SCHNEIDER LORI misc 62.34
STEINMEYER SARAH mil 84.49
THOMPSON ANTHONY T educ 29.25
SISK MARCIA misc 122.66
BIG WORD svc 40.15
SCHRADER, LINDA rent 175.00
MADISON NATL LIFE INS ins 59.14
GENERAL SUPPLEMENTAL FUND
IRS fed pay 434.97
IA DEPT OF REV state pay 239.59
SSA fica 834.50
NATIONWIDE RETIREMENT
def com 275.00
LUGAN, CECELIA svc 500.00
COUNTY SERVICES FUND
IRS fed pay 2,074.98
IA DEPT OF REV state pay 908.49
SSA fica 2,971.24
CEDAR VALLEY UNITED WAY
oth pay 18.00
RITE PRICE OFFICE SUPL INC
supl 22.82
GRUVER, ASHLEY mil 414.49
FIDELITY SECURITY LIFE INS CO
ins 95.99
IUPAT DISTRICT COUNCIL 81
oth pay 21.03
NATIONWIDE RETIREMENT
def com 165.00
PECU oth pay 25.00
RURAL BASIC FUND
IRS fed pay 9,894.01
IA DEPT OF REV state pay 2,930.38
SSA fica 9,302.77
BHC LAW ENFORCEMENT ASSOC
oth pay 95.82
FIDELITY SECURITY LIFE INS CO
ins 135.99
NATIONWIDE RETIREMENT
def com 350.00
NATIONWIDE RETIREMENT
def com 100.00
PECU oth pay 2,769.58
SECONDARY ROADS FUND COLLECTION SVC CTR oth pay 299.40
IRS fed pay 8,488.91
IA DEPT OF REV state pay 3,740.71
SSA fica 12,355.38
ANTON SALES eq 335.25
BHC TREASURER svc 48.84
CITY OF CEDAR FALLS svc 34.31
D&D TIRE INC eq 1,310.00
FIX TIRE CO fuel 101.72
G&K SVCS svc 57.40
CITY OF HUDSON util 31.61
INRCOG svc 1,939.54
IWI MOTOR PARTS eq 85.01
MENARDS CF misc 120.90
RACOM CORP svc 1,687.70
SCOTS SUPL CO INC supl 225.35
SCOTT VAN KEPPEL eq 1,194.33
SLED SHED prts 3.95
ZARNOTH BRUSH WORKS INC
eq 1,359.60
COMMUNITY HLTH CHARITIES IA
oth pay 13.00
FIDELITY SECURITY LIFE INS CO
ins 421.60
LEGALSHIELD oth pay 15.75
NATIONWIDE RETIREMENT
def com 440.00
NATIONWIDE RETIREMENT
def com 25.00
PECU oth pay 3,030.50
BHC LANDFILL svc 9.00
BLACK HAWK RENTAL eq rent 224.70
BLACK HAWK WASTE DISPOSAL
svc 108.00
CAMPBELL SUPL WLOO supl 225.00
CF UTILITIES util 6.98
CENTURYLINK tel 145.48
CONSOLIDATED ENERGY HARTLAND fuel 1,851.57
DUNKERTON COOP ELEVATOR
fuel 1,762.36
E CENTRAL IA COOP fuel 10,249.40
HOTSY EQUIPMENT CO INC eq 499.00
HUDSON MUNICIPAL ELECTRIC UTIL util 133.73
LPC CONNECT tel 37.57
MID AMERICAN ENERGY util 47.94
NAPA AUTO PARTS eq 153.99
OREILLY AUTO STORES prts 68.58
STOKES WELDING prts 213.00
MADISON NATL LIFE INS ins 25.60
RECORDER’S RECORD MGT FUND OWENS KING CO svc 1,785.00
JAIL COMMISSARY FUND
IRS fed pay 225.32
IA DEPT OF REV state pay 64.72
SSA fica 340.28
KEEFE SUPL CO supl 2,595.40
MCKEE FOODS food 91.74
SAMS WHOLESALE CLUB food 806.86
CAPITAL IMPROVEMENT PLAN FUND PPG ARCHITECTURAL FINISHES INC supl 45.65
RURAL SEWER FUND
CEDAR VALLEY PUMP eq 2,506.40
URBAN SVCS svc 1,877.50
INSURANCE TRUST FUND
NAVITUS HEALTH SOLUTIONS
ins 47,692.74
PREFERRED ONE INS CO
ins 185,671.66
FIDELITY SECURITY LIFE INS CO
ins 21.08
MADISON NATL LIFE INS ins 1,260.12
SELF-INSURED/OFFICE EQ REP FUND ADVANCED SYSTEMS INC
eq rpr 702.04
FLEXIBLE SPENDING FUND ADVANTAGE ADMINISTRATORS
flx sp 6,622.44
SOLID WASTE ADMIN FUND
IRS fed pay 501.27
IA DEPT OF REV state pay 223.79
SSA fica 620.82
MADISON NATL LIFE INS ins 25.50
E911 SERVICE COMMISSION FUND AMERICAN TOWER CORP
eq rent 1,941.18
CENTURYLINK tel 226.78
COLOFF MEDIA eq rent 1,800.00
DUNKERTON TELEPHONE COOP
tel 528.52
MID AMERICAN ENERGY util 76.04
SWISHER & COHRT svc 18.50
EMERGENCY MANAGEMENT FUND
IRS fed pay 381.86
IA DEPT OF REV state pay 156.55
SSA fica 527.76
CEDAR VALLEY UNITED WAY
oth pay 1.00
FIDELITY SECURITY LIFE INS CO
ins 9.51
NATIONWIDE RETIREMENT
def com 50.00
CENTURYLINK svc 74.00
COUNTY ASSESSOR FUND
IRS fed pay 2,505.81
IA DEPT OF REV state pay 1,169.27
SSA fica 4,361.68
CEDAR VALLEY UNITED WAY
oth pay 1.00
BHC TREASURER svc 11,013.68
FIDELITY SECURITY LIFE INS CO
ins 82.26
LEGALSHIELD oth pay 57.20
NATIONWIDE RETIREMENT
def com 1,295.00
NATIONWIDE RETIREMENT
def com 145.00
PECU oth pay 1,723.00
MADISON NATL LIFE INS ins 24.36
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
White moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:
COUNTRY VIEW ENTERPRISE FUND
ABDUR RAHIM svc 3,042.50
ACCESSIBLE MEDICAL IA svc 7,005.50
ALLEN MEML HOSPITAL svc 614.29
ALLEN OCCUPATIONAL HEALTH SVCS svc 127.00
ANDERSON ERICKSON DAIRY
food 761.14
CBS STAFFING svc 1,315.32
DIRECT SUPL INC supl 63.77
EARTHGRAINS BAKING CO food 103.90
FIX TIRE CO eq rpr 127.35
HD SUPPLY FACILITIES MAINT LTD
eq rpr 20.96
HPSI PURCHASING SVCS supl 50.00
LAND & WHEELS supl 105.54
MARTIN BROS food/supl 8,426.94
MARTIN HEALTH SVCS supl 2,870.03
NORTHERN IA THERAPY svc 23,294.94
QUENTIN MUSSIG svc 105.00
TIME MANAGEMENT SYSTEMS
svc 330.00
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said Poyner Road east of Gilbertville will be closed for three weeks while concrete on the I-380 overpass is replaced. The same contractor will then move to West 27th Street for repavement, after which it will return to Poyner Road for repavement. Hammond Avenue between Schrock and Griffith Roads will be closed for three months while a bridge is replaced by a culvert. The county bridge crew is doing the same on Cunningham Road south of Big Rock Road. The public should be aware that anyone needing a new 911 sign should call the Engineer (319-833-3008) before June 1 if they want a free one.
Moved by Schwartz, seconded by Laylin that the MINUTES of the Board Meeting held May 9, 2017 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
White moved the following RESOLUTION seconded by Schwartz.
A. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted. (None submitted)
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The PROTEST ON PROPERTIES assessed for five million dollars or more as submitted by T.J. Koenigsfeld, Black Hawk County Assessor.
2. The MANURE MANAGEMENT PLAN (MMP) update submitted by Ed Noteboom d/b/a Ed Noteboom Facility ID #67334 located off Acker Road, Hudson in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
3. The MANURE MANAGEMENT PLAN (MMP) update submitted by Dan Waskow d/b/a Dan Waskow Facility ID #65996 located at 8115 Independence Avenue, Waterloo in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
4. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Cedar Falls Utilities, Cedar Falls, Iowa for underground electric and fiber utility in the county right-of-way at the crossing of West Cedar Wapsi Road 429 feet west of the centerline of Waverly Road as recommended by Catherine Nicholas, County Engineer.
5. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Kenneth Franklin, Hiawatha, Iowa for an overhead ITS Device Maintenance utility on county right-of-way generally located on Gilbertville Road and US 20 in the SW quadrant as recommended by Catherine Nicholas, County Engineer.
6. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Kenneth Franklin, Hiawatha, Iowa for an overhead Iowa DOT ITS Device Maintenance utility on county right-of-way generally located on Evansdale Drive and US 20 in the NE corner as recommended by Catherine Nicholas, County Engineer.
7. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Telcom Construction, Clearwater, Minnesota for an underground telecommunications utility on county right-of-way located at 5717 Big Woods Road as recommended by Catherine Nicholas, County Engineer.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
CONSENT AGENDA ENDS
Laylin moved the following resolution seconded by Schwartz
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Truck Country, Cedar Rapids, Iowa (bid opening May 9, 2017 9:05 a.m.) for the purchase of one (1) tandem axle dump truck for FY2018 for the Black Hawk County Secondary Roads Department with a bid of $190,081 be approved as recommended by Catherine Nicholas, County Engineer.
Nicholas said this was the low bid, and it’s a Freightliner, which is what most of the county’s dump trucks are, so they are familiar with them and parts are readily available.
Gene Carpenter of Don’s Truck Sales said he heard the Board talk at its May 9 meeting about the importance of buying local, and he was asking for the same loyalty. He said equipment for the Freightliners is supplied from Manchester while he is much closer in Fairbank, and some of the truck equipment is manufactured in Canada, where low prices are taking jobs away from Americans.
AYES: Laylin, White, Magsamen.
NAYS: Little, Schwartz.
Resolution adopted.
Little said he supports low bids, but he has other reasons for not supporting this recommendation. Schwartz said he opposed the recommendation because it is important to keep jobs in Iowa. Laylin said that she wanted to see local products used, but sometimes other factors should be considered, and she was considering such factors when she opposed the purchase of John Deere motor graders at the May 9 meeting. She said she wasn’t disparaging John Deere, but the county has exceptional staff that understands its equipment, and the Engineer made a recommendation based on staff’s belief that it would save the county money.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the BEST BID from K & W Electric, Inc., Cedar Falls, Iowa, for the Pinecrest Generator Project in the amount of $107,750.00 be approved and to direct the Chair to sign the contract, conditional to the receipt of the Performance Bond and Certificate of Insurance, as recommended by Rory Geving, Maintenance Superintendent and Matthew Gordon, Project Engineer.
Geving said this was the lowest of three bids received, and the original estimate was $160,000. He said they were able to go with a smaller generator than originally contemplated because the new chillers installed at Pinecrest have reduced energy consumption significantly. He said the jail’s generator that has been replaced is up to a bid of $12,020 on govdeals.com.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the CONTRACT EXTENSION between Black Hawk County and On-Site Information Destruction for an additional two years with a shredding rate of $0.13 per pound, commencing July 1, 2017 and ending June 30, 2019, be approved and direct the Chair to sign for same as recommended by Rory Geving, Maintenance Superintendent.
Geving said that this is the same rate that was agreed to three years ago.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the EXTENSION to the Black Hawk County Jail Agreement between Black Hawk County and NaphCare, Inc., Birmingham, Alabama for Medical, Mental and Dental Services for inmates at the County Jail effective July 1, 2017 through June 30, 2018 be approved and direct the Chair to sign for same as recommended by Tony Thompson, Black Hawk County Sheriff.
Thompson said that NaphCare wanted a 3.6% increase, but he convinced them to agree to no increase for this one-year extension. He thought if the job were to be put out for bid there would be considerable savings, but he said NaphCare has done an outstanding job of limiting the county’s liability, saving in frivolous lawsuits and medical expenses.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED to RESCIND the appointment of Abby Miller as the Human Resources Director approved by the Board of Supervisors on April 25, 2017.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Schwartz moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the POSITION RECLASSIFICATION of Debi Bunger (Interim Human Resource Director) from the Work Comp and Benefits Specialist (pay grade 267/GS17) position to the Human Resources Director (pay grade 276/GS26) at an annual salary of $75,000 effective immediately be approved.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by Laylin, seconded by Schwartz that the TRAVEL REQUEST submitted by Chris Schwartz, Board of Supervisors, be approved and direct the Chair to sign for same: $2,456.00 to attend the NACo Annual Conference in Columbus, Ohio from July 20, 2017 to July 24, 2017.
Schwartz said he had identified 22 sessions he wanted to attend to learn about things going on in the country and to identify grants. White said he opposed the request, because a supervisor went to NACo meetings before and didn’t get anything out of it. Laylin disagreed, and said there’s an opportunity to represent Black Hawk County and gain a lot of information from other counties. White said information sharing can be done electronically. Laylin said that doesn’t accomplish the networking that in-person contact does. Motion carried, White dissenting.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the MINOR PLAT OF SURVEY submitted by Jeffery and Heidi Noonan-Day to minor plat 3.046 acres into two lots to allow for the construction of one single-family dwelling in an area zoned “A-R” Agricultural-Residential District. The property is located at 8227 Buck Ridge Road, and if approved that the County Auditor be directed to certify a copy of this Resolution for the Black Hawk County Recorder. (Legally described as: PARCEL “F”, SE 1/4, SECTION 09: PARCEL “F” OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 09, TOWNSHIP 90 NORTH (T90N), RANGE 14 WEST (R14W), OF THE FIFTH PRINCIPAL MERIDIAN (5TH P.M.), AND PART OF LOT “S-14” OF BUCK RIDGE, ALL IN BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT “S-14”, SAID POINT COMMON TO LOT “S-13”, AND THE NORTHWESTERLY LINE OF BUCK RIDGE ROAD; THENCE N43º20’40”E, 175.00 FEET, ALONG SAID SOUTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N05º32’10”E, 242.23 FEET, ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO THE POINT OF BEGINNING; THENCE CONTINUING N05º32’10”E, 242.23 FEET, ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N46º59’30”W, 65.34 FEET, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N87º23’00”W, 218.05 FEET, CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT “S-14”, TO THE NORTHWEST CORNER OF SAID LOT “S-14”; THENCE S02º04’20”W, 254.65 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE S84º27’50”E, 254.24 FEET, TO THE POINT OF BEGINNING, CONTAINING 67,333.5 SQUARE FEET, OR 1.546 ACRES. AND PARCEL “G”, SE 1/4, SECTION 09: PARCEL “G” OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 09, TOWNSHIP 90 NORTH (T90N), RANGE 14 WEST (R14W), OF THE FIFTH PRINCIPAL MERIDIAN (5TH P.M.), AND PART OF LOT “S-14” OF BUCK RIDGE, ALL IN BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT “S-14”, SAID POINT COMMON TO LOT “S-13”, AND THE NORTHWESTERLY LINE OF BUCK RIDGE ROAD; THENCE N43º20’40”E, 175.00 FEET, ALONG SAID SOUTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N05º32’10”E, 242.23 FEET, CONTINUING ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N84º27’50”W, 254.24 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT “S-14”; THENCE S02º04’20”W, 65.35 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE S18º51’50”E, 346.18 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO THE POINT OF BEGINNING, CONTAINING 65,338.9 SQUARE FEET, OR 1.500 ACRES..)
Tim Andera of Planning and Zoning said the property was previously mapped as being in the flood plain, but the owners received a letter of map amendment from FEMA that removes it from the flood plain. The Planning and Zoning Commission recommended approval by a 3-2 vote. Magsamen asked if the 2008 flood affected the area. Andera said he understood there was no water on Buck Ridge Road. Kirk Eschliman of KESS and Associates, which prepared the plat of survey, said that the lowest point on his survey was at the base of a culvert, and it was above the flood plain. Magsamen asked about the 2008 flood. Eschliman said that access to the area would have been affected by flooding on Cedar Wapsi and Winslow Roads, but the area itself was not flooded.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
At Nine-thirty-six o’clock (9:36) a.m., a public hearing was held as provided by law in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa at which time all interested persons could appear to file objections on the purchase of one (1) Single Axle Dump Truck for the Black Hawk County Engineer’s Department.
Moved by White, seconded by Little to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by White, seconded by Little to close the hearing after oral/written comments are received. Motion carried.
At nine-thirty-six (9:36) a.m. the Chair announced the time had arrived in accordance with prior action and as advertised, for the receiving and opening of bids for the proposed purchase of one (1) Single Axle Dump Truck for the Black Hawk County Engineer’s Department.
The Board of Supervisors examined proof of publication of notice to bidders and determined that said notice had been published in the Waterloo Courier on May 4, 2017 in accordance with the requirements of the Code of Iowa. County Engineer Cathy Nicholas said the estimate for the truck was $135,000.
The Chair announced the following sealed bids were all received by three o’clock (3:00) p.m. Monday May 15, 2017, as stated in the Notice to Bidders. The time of announcement being nine-thirty-seven (9:37) a.m., the following bids were opened and read:
NAME CITY AMOUNT
Thompson Truck and Trailer Waterloo, IA $160,755
Thompson Truck and Trailer Waterloo, IA $169,271
TriState Truck Equipment Dubuque, IA $ 77,030 (equipment only)
Truck Country #1 Cedar Rapids, IA $160,978
Truck Country #2 Cedar Rapids, IA $156,730
Peterbilt Trucks of Des Moines Altoona, IA $193,971
Don’s Truck Sales Fairbank, IA $161,840
Moved by Little, seconded by White that the Board of Supervisors receive and place on file the bids for the purchase of one (1) Single Axle Dump Truck to allow time to review said bids as recommended by Catherine Nicholas, County Engineer.
The Chairperson announced at 9:41 am that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $250,000 General Obligation Bonds, in order to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, for essential county purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 331.443 of the Code of Iowa.
Moved by Little, seconded by White to receive and place on file the proof of publication of notice of public hearing.
The Chairperson then asked the Auditor whether any written objections had been filed by any resident or property owner of the County to the issuance of the Bonds. The Auditor advised the Chairperson and the Board that no written objections had been filed. The Chairperson then called for oral objections to the issuance of the Bonds and none was made. Whereupon, the Chairperson declared the time for receiving oral and written objections to be closed.
Moved by Little, seconded by White to close the hearing after oral and written comments are received. Finance Director Susan Deaton said that the county sold $5,750,000 in general obligation bonds, and since they were sold at a premium they yielded additional proceeds. The county needed to identify eligible uses for the additional proceeds, which must be spent within three years, and this action identifies those uses. Motion carried.
Whereupon, the Chairperson declared the hearing on the issuance of the Bonds to be closed.
The Board then considered the proposed action and the extent of objections thereto.
Laylin moved the following resolution seconded by White.
WHEREAS, pursuant to notice published as required by law, the Board of Supervisors has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $250,000 General Obligation Bonds, for the essential county purposes, in order to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the County and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK COUNTY, STATE OF IOWA:
Section 1. That this Board does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $250,000 General Obligation Bonds, for the foregoing essential county purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.
PASSED AND APPROVED this 16th day of May, 2017.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
White moved the following resolution seconded by Laylin.
WHEREAS, $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and
WHEREAS, this Board has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter “Agreement”) has been prepared to be entered into between the County and Bankers Trust Company.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK COUNTY, STATE OF IOWA:
1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017.
2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Chairperson and Auditor are authorized to sign the Agreement on behalf of the County.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted
Laylin moved the following resolution seconded by Schwartz.
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 refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009, as is more fully set forth in the schedule of Bonds to be refunded, hereinafter set forth as Exhibit “A”, attached to this resolution, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $4,195,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 not to exceed $4,195,000 General Obligation Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $950,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $750,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $250,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds 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 Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $5,750,000 Essential County Purpose General Obligation Bonds, Series 2017, as hereinafter set forth; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale; and
WHEREAS, on May 9, 2017, the Board did adopt a certain Resolution entitled “RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,750,000 GENERAL OBLIGATION BONDS, SERIES 2017, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE”; and
WHEREAS, due to certain changes in the overall financing plans of the County, it is necessary to make changes to the Resolution adopted on May 9, 2017; and, therefore, this Resolution shall be substituted in its entirety for the Resolution previously adopted on May 9, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK 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:
•“Authorized Denominations” shall mean $5,000 or any integral multiple thereof.
•“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person’s subrogee.
•“Blanket Issuer Letter of Representations” shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds.
•“Bond Fund” shall mean the fund created in Section 3 of this Resolution.
•“Bonds” shall mean $5,750,000 General Obligation Bonds, Series 2017, authorized to be issued by this Resolution.
•“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds.
•“Continuing Disclosure Certificate” shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
•“Current Refunded Portion” shall mean $4,030,000 of the Bonds to refund the Refunded Bonds.
•“Depository Bonds “ shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee.
•“DTC” shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter.
•“Issuer” and “County” shall mean Black Hawk County, State of Iowa.
•“New Money Portion” shall mean $1,720,000 of the bonds issued to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot.
•“Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository.
•“Paying Agent” shall mean Bankers Trust Company, 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 Bonds as the same shall become due.
•“Project” shall mean the costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; improvements to public buildings and grounds, including reconstruction of the jail facility parking lot; and improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building.
•“Project Fund” shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, and improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building. As to the Current Refunded Portion, “Project Fund” shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds.
•“Rebate Fund” shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate.
•“Refunded Bonds” shall mean $4,055,000 of the $8,290,000 General Obligation Taxable Build America Bonds, Series 2009, dated July 21, 2009.
•“Registrar” shall mean Bankers Trust Company of Des Moines, 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 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds.
•“Resolution” shall mean this resolution authorizing the Bonds.
•“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 Bonds.
•“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 Bonds 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 Bonds 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 Waterloo, Iowa, to-wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$ 917,556* 2017/2018
$1,069,000 2018/2019
$ 984,600 2019/2020
$ 981,500 2020/2021
$ 983,100 2021/2022
$ 589,300 2022/2023
$ 663,000 2023/2024
*A levy has been included in the budget previously certified and will be used together with available County funds to pay the principal and interest of the Bond coming due in fiscal year 2017/2018.
(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.)
b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Black Hawk 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 Bonds 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. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the County, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the “GENERAL OBLIGATION BOND FUND NO. 1” (the “Bond Fund”), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds 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 Bond Proceeds. Proceeds of the Bonds, 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 Bonds 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.
Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund.
Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2017, 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, 2017, 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 Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
a) Bond Details. General Obligation Bonds of the County in the amount of $5,750,000, shall be issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated “GENERAL OBLIGATION BOND, SERIES 2017”, be dated May 23, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided.
The Bonds 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 Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1
$800,000 2.000% 2018
$970,000 2.000% 2019
$905,000 2.000% 2020
$920,000 2.000% 2021
$940,000 2.000% 2022
$565,000 2.000% 2023
$650,000 2.000% 2024
b) Redemption.
i. Optional Redemption. Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer on that date or any date thereafter, 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 Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds 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 Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant’s interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter.
b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer’s obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section.
c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section.
d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter.
e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder.
f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed.
g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered “clearing agency” as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries.
h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.
a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds 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 Bonds and in this Resolution.
b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, 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 Bond, 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 Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution.
d) Ownership. As to any Bond, 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 Bonds 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 Bond, including the interest thereon, to the extent of the sum or sums so paid.
e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer.
f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. 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 Bonds 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 bond for each annual maturity. The Registrar shall furnish additional Bonds 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 Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond 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 Bond, 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 Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Chairperson and Auditor shall execute the Bonds by their manual or authorized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued.
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 bondholder.
Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows:
“STATE OF IOWA”
“COUNTY OF BLACK HAWK”
“GENERAL OBLIGATION BOND”
“SERIES 2017”
ESSENTIAL COUNTY PURPOSE
Rate: 2.000%
Maturity: __________
Bond Date: May 23, 2017
CUSIP No.: __________
“Registered”
Certificate No. __________
Principal Amount: $_______________
Black Hawk 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 Bankers Trust Company, 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, 2017, 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 Bond 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 Bond is issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa, for the purpose of paying costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, in conformity to a Resolution of the Board of said County duly passed and approved.
Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, 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 Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds 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 Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.
Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond 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 Bondholders of such change. All bonds 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 Bond Resolution.
This Bond 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 Bond, 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 Bond 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 Bond, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Board, has caused this Bond 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, Bankers Trust Company, Des Moines, Iowa.
Date of authentication:_______________
This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company.
BANKERS TRUST COMPANY, Registrar
By: ____________________________
Authorized Signature
Registrar and Transfer Agent: Bankers Trust Company
Paying Agent: Bankers Trust Company
SEE REVERSE FOR CERTAIN DEFINITIONS
(Seal)
(Signature Block)
BLACK HAWK COUNTY, STATE OF IOWA
By: _(manual or facsimile signature)___
Chairperson
ATTEST:
By:_(manual or facsimile signature)___
County Auditor
(Information Required for Registration)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto________________________ (Social Security or Tax Identification No. _______________) the within Bond and does hereby irrevocably constitute and appoint ___________________ attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, 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 bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)______________ Address of Transferee(s)_____________ Social Security or Tax Identification Number of Transferee(s)___________ Transferee is a(n):
Individual*___ Corporation___ Partnership___ Trust___ *If the Bond 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 Bond, 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
(End of form of Bond)
Section 14. Closing Documents. 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 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said County and the purchaser of the Bonds.
Section 16. 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 Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds 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 Bonds 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 Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds.
Section 17. 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 Bonds. 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, “Beneficial Owner” means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds 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 Bonds;(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 Bonds;(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 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations.
Section 21. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as “Qualified Tax-Exempt Obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of the United States, as amended, the Issuer hereby designates the Bonds 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 22. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 23. 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.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted
ANY REPORTS OR INFORMATION FROM THE BOARD
On motion and vote the meeting adjourned.
Frank Magsamen, Chair, Board of Supervisors
Grant Veeder, County Auditor

City Council of La Porte City – May 22, 2017

COUNCIL PROCEEDINGS May 22, 2017
Prior to the regular meeting, the City Council held a work session to discuss Main Street rehabilitation.
The City Council of La Porte City, Iowa met in regular session on May 22, 2017. Mayor David Neil called the meeting to order at 7:00 PM with Council Members Eric Allsup, Jasmine Gaston, Kristi Harrill and Brent Sadler present. Absent was Council member Mike Johnson.
Unless otherwise noted, all actions passed by affirmative and unanimous vote of the council members present.
Moved by Sadler, seconded by Gaston to approve the agenda.
Moved by Allsup, seconded by Sadler to approve the CONSENT AGENDA including the following: Minutes of May 8, 2017 and disbursements totaling $83,379.51.
Mayor Neil announced that the time and date had arrived for PUBLIC HEARING ON FY17 BUDGET AMENDMENT. Moved by Sadler, seconded by Gaston to open the public hearing. Moved by Sadler, seconded by Gaston to received and place on file proof of publication. The amendment includes additional expenditures of $1,039,571, derived mainly from additional expenditures for capital projects including Bishop Avenue, Wolf Creek Rehabilitation and Downtown Façade Rehabilitation. Some of those expenditures had been budgeted in previous fiscal years, but not spent. Additional revenues for the amendment totaled $594,154, much of which are grants and owner contributions for the Downtown Façade Rehabilitation. Mayor Neil asked if any written comments were received, and there were none. Mayor Neil asked if there were comments from those in attendance, and there were none. Moved by Sadler, seconded by Allsup to close the public hearing.
Moved by Sadler, seconded by Gaston to adopt RESOLUTION 17-24 AMENDING FY17 BUDGET.
The Council reviewed ADDITIONAL INSURANCE OPTIONS. Additional coverages offered include
Municipal Violent Crime ($250,000 limit) $ 222.00 premium
Employee Crime ($1,000,000 limit) $ 625.00 premium
Cyber Liability ($1,000,000 limit) $1,217.00 premium (net)
Loss of Income & Extra Expense ($1,000,000 limit)
$1,400.00 premium
Total Additional Premium $3,464.00
Moved by Harrill, seconded by Sadler to purchase the additional policies.
Moved by Allsup, seconded by Sadler to adopt the FIRST READING OF ORDINANCE 520 ESTABLISHING CHAPTER 101 OF THE CITY CODE OF ORDINANCES – FOOTING DRAIN INSPECTION AND DISCONNECTION PROGRAM. The ordinance codifies the City’s footing drain inspection program including procedures for inspection, correction of illegal hookups and fee schedule for failure to inspect and/or correct. Moved by Sadler, seconded by Gaston to waive the requirement for three reading and move to adoption. Roll call vote passed 4-1 with Allsup opposed and Mayor Neil declared Ordinance 520 adopted and effective upon publication.
The Council reviewed draft documents for the FOOTING DRAIN INSPECTION AND DISCONNECTION PROGRAM. The documents included an initial notification of inspection letter to be sent to all residents, a follow up letter for those found with illegal hookups to the sanitary sewer system, and a list of frequently asked questions that will be included with notification letters and placed on the City website. Moved by Sadler, seconded by Allsup to approve the draft documents and move forward with the program beginning June 1, 2017.
Moved by Allsup seconded by Harrill to adopt RESOLUTION 17-25 TO REPAY INTERFUND LOAN FROM ECONOMIC DEVELOPMENT FUND FOR WITHAM INTEREST PAYMENTS. The resolution approves the transfer of $1,800 from the Tax Increment Financing Fund to the Economic Development Fund.
Moved by Allsup, seconded by Harrill to adopt RESOLUTION 17-26 APPROVING THE TEMPORARY CLOSING OF CITY STREETS FOR THE FESTIVAL OF TRAILS CELEBRATION. The resolution approves street closures for the celebration June 15-18, 2017.
Moved by Allsup, seconded by Gaston to adopt RESOLUTION 17-27 ESTABLISHING A PETTY CASH POLICY. The resolution established practices for the handling of petty cash and City Hall, library, museum, aquatic center and ball diamonds.
The Council reviewed FIREWORKS LEGISLATION. On May 9, 2017, a bill allowing the sale and use of fireworks on certain dates and certain times was signed into law. The law also allows cities to prohibit or limit the use of fireworks by resolution or ordinance. Current City ordinance prohibits the sale of use of fireworks in the community.
Moved by Allsup, seconded by Sadler to ADOPT RESOLUTION 17-28 REGARDING THE USE OF FIREWORKS WITHIN THE CITY OF LA PORTE CITY. The resolution recognizes the changes to the State code regarding the use of fireworks and allows use inside the City limits as allowed by State code.
Moved by Allsup, seconded by Sadler to ADOPT RESOLUTION 17-29 REGARDING THE SALE OF FIREWORKS WITHIN THE CITY OF LAPORTE CITY. The resolution recognizes the changes to the State code regarding the sale of fireworks and allows use inside the City limits as allowed by State and City code.
Moved by Harrill, seconded by Allsup to FORWARD TO PLANNING & ZONING REQUEST TO REVIEW ZONING DISTRICTS. The request from the Council is to review and make a recommendation on zoning districts that could allow sale of fireworks.
Moved by Allsup seconded by Sadler to APPROVE USE OF THE SOUTH SIDEWALK IN THE 200 BLOCK OF MAIN STREET FOR 2017 FARMERS MARKET. The market will take place every Friday from 4:00PM – 6:00PM beginning June 23, 2017.
Moved by Gaston, seconded by Sadler to allocate $50.00 to purchase supplies for the PAINTED ROCK PROJECT.
Moved by Sadler, seconded by Allsup to adjourn at 8:04PM.
Jane Whittlesey, City Clerk David Neil, Mayor
City of LaPorte City
Claims for 5/22/2017
General Fund
Adv Syst, Cont 91.55
AFLAC, Ins 305.35
B&B Lock , Svc Call 115.00
Bader B, Rec Director 375.00
Barz S, 5th/6th SB Coach 200.00
Bistline M, 3rd/4th BB Coach 200.00
BHC Landfill, Garbage & Tires 91.84
BH Waste, Contract 14,681.59
Cash, Starting Cash Pool, Rec 210.00
Center Point Large Print, Books 91.08
Clarke Mosquito, Chemicals 2,203.30
Devries K, 5th/6th BB Coach 200.00
EBS, Health Ins. Admin 130.70
Ecolab, Pest Control 58.78
EFTPS, PR Taxes 3,123.28
Farmers State Bank, VISA 3,946.37
Home Depot, Supplies 97.66
IPERS, Pension 1,563.04
Keltek, Lights 94.62
Kiefer, Swimsuits & Shirts 657.75
La Porte City Utilities, Utilities 2,042.22
LPC Motor Supply, Parts 36.17
Menards, Fence Supplies 94.70
Monkeytown, Pool Supplies 428.08
Motorhead Mayhem Svc, Maint 271.80
Popular Sub Renewals 279.55
Pospisil J, 3/4 SB Asst Coach 100.00
Pospisil S, 3/4 SB Coach 200.00
Shirt Shack,Rec Shirts 2,337.78
Stocks A, Mileage 28.02
Teamsters, Union Dues 44.50
US Cellular, Cell Phone 149.28
Varsity Cleaners, Cleaning 158.40
Wellmark Of Iowa, Health Ins. 10,278.68
Whittlesey J, Flowers 256.50
Wieland Lumber Co, Mulch 1,900.00
Total General 47,042.59
Road Use Tax Fund
Barco, Cones & Stop Signs 917.40
BH Rental, Blade & Metal Wheel 373.50
ECIC, Grass Seed 70.25
EFTPS, PR Taxes 1,458.53
Home Depot, Supplies (9.14)
LPC Motor Supply, Parts 73.34
Manatts, Materials 574.81
Menards, Fence Supplies 99.99
P&K Midwest, Wheel Kit & Arm 78.44
Spence Fertilizer, Chemicals 200.20
Teamsters, Union Dues 49.76
Wellmark Of Iowa, Health Ins. 52.27
Total Road Use Tax 3,939.35
DTR CDBG Grant Fund
Martin Gardner, Const. Admin 514.75
DTR CDBG Grant 514.75
Sewer Fund
EBS, Health Ins. Admin 26.14
EFTPS, PR Taxes 614.55
Farmers State Bank, VISA 179.77
La Porte City Utilities, Utilities 3,818.75
Pollution Control, Pump 5,682.00
Teamsters, Union Dues 12.24
Test America Inc, Testing 641.55
US Cellular, Cell Phone 37.44
Wellmark Of Iowa, Health Ins. 2,288.87
Total Sewer 13,301.31
Ambulance Fund
Bound Tree Medical, Supplies 601.69
Care Ambulance, Mutual Aid 250.00
Covenant, Mutual Aid 128.00
EFTPS, PR Taxes 100.90
Farmers State Bank, VISA 200.00
La Porte City Utilities, Utilities 146.16
US Cellular, Cell Phone 38.96
Varsity Cleaners, Cleaning 105.00
Wellmark Of Iowa, Health Ins. 1,837.50
Total Ambulance 3,408.21
Total Accounts Payable 68,206.21
Payrol Checks 15,173.30
Report Total 83,379.51
Fund Recap
General 56,460.08
Road Use Tax 7,601.23
DTR CDBG Grant 514.75
Sewer 15,047.10
Ambulance 3,756.35
Grand Total 83,379.51

Black Hawk County Board of Supervisors – May 16, 2017

Waterloo, Iowa May 16, 2017
The Board of Supervisors of the County of Black Hawk, in the State of Iowa, met in regular adjourned meeting at the Courthouse in Waterloo, County Seat of said County, at nine o’clock (9:00) a.m., pursuant to law, to the rules of said Board, and to adjournment. The meeting was called to order and on roll call there were present: Frank Magsamen, Chair; Linda Laylin, Tom Little, Chris Schwartz and Craig White.
Absent: None.
Unless otherwise noted, all actions were approved unanimously.
Moved by Little, seconded by White that the AGENDA be received and place on file with the County Auditor as approved. Motion carried.
Schwartz moved the following resolution seconded by Laylin.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that the County Auditor be authorized and directed to ISSUE CHECKS, against the various settlement of such claims as allowed:
GENERAL BASIC FUND
IPERS ipers 82,894.17
COLLECTION SVC CTR
oth pay 691.64
IRS fed pay 74,130.90
IA DEPT OF REV state pay 29,373.99
SSA fica 102,141.61
CEDAR VALLEY UNITED WAY
oth pay 132.50
MIDWEST AUTOMATED TIME SYSTEMS svc 387.00
AHLERS & COONEY svc 1,199.50
BAUER BUILT TIRE svc 551.60
CBM MANAGED SVCS food 9,343.47
CDW GOVERNMENT INC maint 1,228.94
DEPT OF CORRECTIONAL SVCS
svc 16,846.91
DWD INVESTMENTS rent 350.00
GBM PROPERTY MGMT rent 300.00
KIRCHNER HANSON KALEEN
rent 325.00
LPC PRINTING & DESIGN publ 1,908.50
MAHONEY KATHRYN J svc 366.00
MARCO INC svc 185.30
MATT PARROTT/STOREY KENWORTHY supl 607.36
MENARDS WLOO eq 223.03
MEYER, BRITTANI svc 222.50
ON SITE INFO DESTRUCTION
svc 59.80
PAGE RACHEL rent 200.00
PTS OF AMERICA svc 579.60
RITE PRICE OFFICE SUPL INC
supl 1,764.72
SANDEES LTD supl 480.00
SCOTS SUPL CO INC supl 12.37
WEBER PAPER CO supl 1,092.73
GERHOLDT , PENNY reimb 98.00
HAHN, ADAM reimb 68.00
SWANSON JANIS mil 55.58
WEBER, KRIS mil 30.48
COUNTRY VIEW ipers ref 768.91
AFSCME IOWA COUNCIL 61
oth pay 695.80
BHC LAW ENFORCEMENT ASSOC
oth pay 504.18
COMMUNITY HLTH CHARITIES IA
oth pay 43.00
FIDELITY SECURITY LIFE INS CO
ins 2,592.91
IUPAT DISTRICT COUNCIL 81
oth pay 608.96
LEGALSHIELD oth pay 211.45
MN CHILD SUPPORT PAYMENT CTR oth pay 275.00
NATIONWIDE RETIREMENT
def com 5,515.00
NATIONWIDE RETIREMENT
def com 997.50
NM CHILD SUPPORT oth pay 208.15
PECU oth pay 26,286.92
ADVANCED SYSTEMS INC eq 1,231.25
BLACK HAWK WASTE DISPOSAL
eq rent 56.00
BLUHM ELECTRIC INC eq rpr 78.00
BROSH CHAPEL svc 1,000.00
BUCHANAN CO SHERIFF svc 67.94
C&S REAL ESTATE rent 625.00
CEDAR BEND HUMANE SOCIETY INC alloc 2,232.71
CF UTILITIES util 1,067.77
CENTEC CAST METAL PRODUCTS
svc 1,058.27
CENTURYLINK svc 209.96
COAST TO COAST COMPUTER PRODUCTS supl 467.50
COOLEY PUMPING svc 125.00
COURIER publ 948.89
CROSSROADS APTS rent 200.00
DEN HERDER VET HOSPITAL
svc 135.47
EMERSON PLACE APTS rent 200.00
FAYETTE CO UNION publ 300.00
FAYETTE CO UNION publ 150.00
FAYETTE CO UNION publ 428.60
GALLS LLC supl 162.80
GLAXOSMITHKLINE supl 1,939.70
GRAINGER INC eq 768.00
GREENWAY svc 4,236.02
HIGHLAND PARK rent 154.00
HUFF HOLDING INC rent 225.00
INNOVATIVE RE HOLDINGS rent 212.50
INTERNATL ACADEMY 6OF EMERG DISPATCH educ 100.00
IOWA BANKERS MORTGAGE CORP loan 261.00
IA DIV OF CRIMINAL INVEST
educ 135.00
IOWA PRISON INDUSTRIES eq 6,320.00
IA SEC OF STATE svc 30.00
KFMW – FM svc 100.00
MARSHALL CO SHERIFF svc 21.00
MEDIACOM svc 706.80
MERCK & CO INC supl 1,897.72
MID AMERICAN ENERGY util 18,145.03
MID AMERICAN ENERGY/SPEC ACCT util 100.00
NATL ASSOC OF CO & CITY HLTH OFFICIALS dues 775.00
PAKOR INC svc 280.49
PREFERRED REALTORS rent 200.00
SAILOR JOE SR rent 300.00
SAMS WHOLESALE CLUB supl 778.70
SCHEELS supl 349.50
SHRED MASTER INC svc 57.54
SIDWELL CO svc 230.00
SILVER EAGLE HARLEY DAVIDSON
eq 170.95
SUNTRAC SVCS INC svc 60.00
THOMPSON LAND DEVELOPMENT svc 1,620.00
TOTAL ACCESS GROUP INC
supl 968.80
US CELLULAR svc 606.44
VAN WYNGARDEN & ABRAHAMSON INC svc 1,276.80
VERIZON WIRELESS svc 1,557.34
WATERFALLS CAR WASH lbr 70.75
WATERLOO HERITAGE HOMES
rent 250.00
WLOO WATER WORKS wtr 142.68
WLOO WATER WORKS wtr 64.00
WELAND CLINICAL LABS svc 275.00
WELLINGTON PARK APTS rent 225.00
WILLOW RUN HGTS rent 250.00
WINDSTREAM IA COMMUNICATIONS tel 271.62
WOLFCOM ENTERPRISES
eq rpr 245.00
XEROX CORP svc 158.67
EDWARDS, MOLLY reimb 106.86
HALEY STEVEN educ 21.00
HOLBACH, ZACH educ 246.00
SCHNEIDER LORI misc 62.34
STEINMEYER SARAH mil 84.49
THOMPSON ANTHONY T educ 29.25
SISK MARCIA misc 122.66
BIG WORD svc 40.15
SCHRADER, LINDA rent 175.00
MADISON NATL LIFE INS ins 59.14
GENERAL SUPPLEMENTAL FUND
IRS fed pay 434.97
IA DEPT OF REV state pay 239.59
SSA fica 834.50
NATIONWIDE RETIREMENT
def com 275.00
LUGAN, CECELIA svc 500.00
COUNTY SERVICES FUND
IRS fed pay 2,074.98
IA DEPT OF REV state pay 908.49
SSA fica 2,971.24
CEDAR VALLEY UNITED WAY
oth pay 18.00
RITE PRICE OFFICE SUPL INC
supl 22.82
GRUVER, ASHLEY mil 414.49
FIDELITY SECURITY LIFE INS CO
ins 95.99
IUPAT DISTRICT COUNCIL 81
oth pay 21.03
NATIONWIDE RETIREMENT
def com 165.00
PECU oth pay 25.00
RURAL BASIC FUND
IRS fed pay 9,894.01
IA DEPT OF REV state pay 2,930.38
SSA fica 9,302.77
BHC LAW ENFORCEMENT ASSOC
oth pay 95.82
FIDELITY SECURITY LIFE INS CO
ins 135.99
NATIONWIDE RETIREMENT
def com 350.00
NATIONWIDE RETIREMENT
def com 100.00
PECU oth pay 2,769.58
SECONDARY ROADS FUND COLLECTION SVC CTR oth pay 299.40
IRS fed pay 8,488.91
IA DEPT OF REV state pay 3,740.71
SSA fica 12,355.38
ANTON SALES eq 335.25
BHC TREASURER svc 48.84
CITY OF CEDAR FALLS svc 34.31
D&D TIRE INC eq 1,310.00
FIX TIRE CO fuel 101.72
G&K SVCS svc 57.40
CITY OF HUDSON util 31.61
INRCOG svc 1,939.54
IWI MOTOR PARTS eq 85.01
MENARDS CF misc 120.90
RACOM CORP svc 1,687.70
SCOTS SUPL CO INC supl 225.35
SCOTT VAN KEPPEL eq 1,194.33
SLED SHED prts 3.95
ZARNOTH BRUSH WORKS INC
eq 1,359.60
COMMUNITY HLTH CHARITIES IA
oth pay 13.00
FIDELITY SECURITY LIFE INS CO
ins 421.60
LEGALSHIELD oth pay 15.75
NATIONWIDE RETIREMENT
def com 440.00
NATIONWIDE RETIREMENT
def com 25.00
PECU oth pay 3,030.50
BHC LANDFILL svc 9.00
BLACK HAWK RENTAL eq rent 224.70
BLACK HAWK WASTE DISPOSAL
svc 108.00
CAMPBELL SUPL WLOO supl 225.00
CF UTILITIES util 6.98
CENTURYLINK tel 145.48
CONSOLIDATED ENERGY HARTLAND fuel 1,851.57
DUNKERTON COOP ELEVATOR
fuel 1,762.36
E CENTRAL IA COOP fuel 10,249.40
HOTSY EQUIPMENT CO INC eq 499.00
HUDSON MUNICIPAL ELECTRIC UTIL util 133.73
LPC CONNECT tel 37.57
MID AMERICAN ENERGY util 47.94
NAPA AUTO PARTS eq 153.99
OREILLY AUTO STORES prts 68.58
STOKES WELDING prts 213.00
MADISON NATL LIFE INS ins 25.60
RECORDER’S RECORD MGT FUND OWENS KING CO svc 1,785.00
JAIL COMMISSARY FUND
IRS fed pay 225.32
IA DEPT OF REV state pay 64.72
SSA fica 340.28
KEEFE SUPL CO supl 2,595.40
MCKEE FOODS food 91.74
SAMS WHOLESALE CLUB food 806.86
CAPITAL IMPROVEMENT PLAN FUND PPG ARCHITECTURAL FINISHES INC supl 45.65
RURAL SEWER FUND
CEDAR VALLEY PUMP eq 2,506.40
URBAN SVCS svc 1,877.50
INSURANCE TRUST FUND
NAVITUS HEALTH SOLUTIONS
ins 47,692.74
PREFERRED ONE INS CO
ins 185,671.66
FIDELITY SECURITY LIFE INS CO
ins 21.08
MADISON NATL LIFE INS ins 1,260.12
SELF-INSURED/OFFICE EQ REP FUND ADVANCED SYSTEMS INC
eq rpr 702.04
FLEXIBLE SPENDING FUND ADVANTAGE ADMINISTRATORS
flx sp 6,622.44
SOLID WASTE ADMIN FUND
IRS fed pay 501.27
IA DEPT OF REV state pay 223.79
SSA fica 620.82
MADISON NATL LIFE INS ins 25.50
E911 SERVICE COMMISSION FUND AMERICAN TOWER CORP
eq rent 1,941.18
CENTURYLINK tel 226.78
COLOFF MEDIA eq rent 1,800.00
DUNKERTON TELEPHONE COOP
tel 528.52
MID AMERICAN ENERGY util 76.04
SWISHER & COHRT svc 18.50
EMERGENCY MANAGEMENT FUND
IRS fed pay 381.86
IA DEPT OF REV state pay 156.55
SSA fica 527.76
CEDAR VALLEY UNITED WAY
oth pay 1.00
FIDELITY SECURITY LIFE INS CO
ins 9.51
NATIONWIDE RETIREMENT
def com 50.00
CENTURYLINK svc 74.00
COUNTY ASSESSOR FUND
IRS fed pay 2,505.81
IA DEPT OF REV state pay 1,169.27
SSA fica 4,361.68
CEDAR VALLEY UNITED WAY
oth pay 1.00
BHC TREASURER svc 11,013.68
FIDELITY SECURITY LIFE INS CO
ins 82.26
LEGALSHIELD oth pay 57.20
NATIONWIDE RETIREMENT
def com 1,295.00
NATIONWIDE RETIREMENT
def com 145.00
PECU oth pay 1,723.00
MADISON NATL LIFE INS ins 24.36
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
White moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED by the Board of Supervisors of Black Hawk County, that the Board of Supervisors APPROVE EXPENDITURES, and that Country View Care Facility be authorized and directed to ISSUE CHECKS, against the various settlements of such claims as allowed:
COUNTRY VIEW ENTERPRISE FUND
ABDUR RAHIM svc 3,042.50
ACCESSIBLE MEDICAL IA svc 7,005.50
ALLEN MEML HOSPITAL svc 614.29
ALLEN OCCUPATIONAL HEALTH SVCS svc 127.00
ANDERSON ERICKSON DAIRY
food 761.14
CBS STAFFING svc 1,315.32
DIRECT SUPL INC supl 63.77
EARTHGRAINS BAKING CO food 103.90
FIX TIRE CO eq rpr 127.35
HD SUPPLY FACILITIES MAINT LTD
eq rpr 20.96
HPSI PURCHASING SVCS supl 50.00
LAND & WHEELS supl 105.54
MARTIN BROS food/supl 8,426.94
MARTIN HEALTH SVCS supl 2,870.03
NORTHERN IA THERAPY svc 23,294.94
QUENTIN MUSSIG svc 105.00
TIME MANAGEMENT SYSTEMS
svc 330.00
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
RECEIVE PROJECT UPDATES FROM DEPARTMENT HEADS/ELECTED OFFICIALS. County Engineer Cathy Nicholas said Poyner Road east of Gilbertville will be closed for three weeks while concrete on the I-380 overpass is replaced. The same contractor will then move to West 27th Street for repavement, after which it will return to Poyner Road for repavement. Hammond Avenue between Schrock and Griffith Roads will be closed for three months while a bridge is replaced by a culvert. The county bridge crew is doing the same on Cunningham Road south of Big Rock Road. The public should be aware that anyone needing a new 911 sign should call the Engineer (319-833-3008) before June 1 if they want a free one.
Moved by Schwartz, seconded by Laylin that the MINUTES of the Board Meeting held May 9, 2017 be and are hereby approved as submitted. Motion carried.
CONSENT AGENDA
White moved the following RESOLUTION seconded by Schwartz.
A. TO APPROVE, RECEIVE, PLACE ON FILE WITH THE COUNTY AUDITOR
1. The Board of Supervisors APPROVE INTERGOVERNMENTAL JOURNAL ENTRIES, and that the County Auditor be authorized and directed to TRANSFER monies within the various funds as submitted. (None submitted)
B. TO RECEIVE AND PLACE ON FILE WITH THE COUNTY AUDITOR
1. The PROTEST ON PROPERTIES assessed for five million dollars or more as submitted by T.J. Koenigsfeld, Black Hawk County Assessor.
2. The MANURE MANAGEMENT PLAN (MMP) update submitted by Ed Noteboom d/b/a Ed Noteboom Facility ID #67334 located off Acker Road, Hudson in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
3. The MANURE MANAGEMENT PLAN (MMP) update submitted by Dan Waskow d/b/a Dan Waskow Facility ID #65996 located at 8115 Independence Avenue, Waterloo in Black Hawk County pursuant to 567 Iowa Administrative Code §455B.
4. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Cedar Falls Utilities, Cedar Falls, Iowa for underground electric and fiber utility in the county right-of-way at the crossing of West Cedar Wapsi Road 429 feet west of the centerline of Waverly Road as recommended by Catherine Nicholas, County Engineer.
5. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Kenneth Franklin, Hiawatha, Iowa for an overhead ITS Device Maintenance utility on county right-of-way generally located on Gilbertville Road and US 20 in the SW quadrant as recommended by Catherine Nicholas, County Engineer.
6. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Kenneth Franklin, Hiawatha, Iowa for an overhead Iowa DOT ITS Device Maintenance utility on county right-of-way generally located on Evansdale Drive and US 20 in the NE corner as recommended by Catherine Nicholas, County Engineer.
7. The PERMIT FOR UTILITY WORK WITHIN THE RIGHT-OF-WAY for Telcom Construction, Clearwater, Minnesota for an underground telecommunications utility on county right-of-way located at 5717 Big Woods Road as recommended by Catherine Nicholas, County Engineer.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
CONSENT AGENDA ENDS
Laylin moved the following resolution seconded by Schwartz
BE IT HEREBY RESOLVED that the LOWEST REASONABLE BID received from Truck Country, Cedar Rapids, Iowa (bid opening May 9, 2017 9:05 a.m.) for the purchase of one (1) tandem axle dump truck for FY2018 for the Black Hawk County Secondary Roads Department with a bid of $190,081 be approved as recommended by Catherine Nicholas, County Engineer.
Nicholas said this was the low bid, and it’s a Freightliner, which is what most of the county’s dump trucks are, so they are familiar with them and parts are readily available.
Gene Carpenter of Don’s Truck Sales said he heard the Board talk at its May 9 meeting about the importance of buying local, and he was asking for the same loyalty. He said equipment for the Freightliners is supplied from Manchester while he is much closer in Fairbank, and some of the truck equipment is manufactured in Canada, where low prices are taking jobs away from Americans.
AYES: Laylin, White, Magsamen.
NAYS: Little, Schwartz.
Resolution adopted.
Little said he supports low bids, but he has other reasons for not supporting this recommendation. Schwartz said he opposed the recommendation because it is important to keep jobs in Iowa. Laylin said that she wanted to see local products used, but sometimes other factors should be considered, and she was considering such factors when she opposed the purchase of John Deere motor graders at the May 9 meeting. She said she wasn’t disparaging John Deere, but the county has exceptional staff that understands its equipment, and the Engineer made a recommendation based on staff’s belief that it would save the county money.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the BEST BID from K & W Electric, Inc., Cedar Falls, Iowa, for the Pinecrest Generator Project in the amount of $107,750.00 be approved and to direct the Chair to sign the contract, conditional to the receipt of the Performance Bond and Certificate of Insurance, as recommended by Rory Geving, Maintenance Superintendent and Matthew Gordon, Project Engineer.
Geving said this was the lowest of three bids received, and the original estimate was $160,000. He said they were able to go with a smaller generator than originally contemplated because the new chillers installed at Pinecrest have reduced energy consumption significantly. He said the jail’s generator that has been replaced is up to a bid of $12,020 on govdeals.com.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the CONTRACT EXTENSION between Black Hawk County and On-Site Information Destruction for an additional two years with a shredding rate of $0.13 per pound, commencing July 1, 2017 and ending June 30, 2019, be approved and direct the Chair to sign for same as recommended by Rory Geving, Maintenance Superintendent.
Geving said that this is the same rate that was agreed to three years ago.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Laylin moved the following resolution seconded by Schwartz.
BE IT HEREBY RESOLVED that the EXTENSION to the Black Hawk County Jail Agreement between Black Hawk County and NaphCare, Inc., Birmingham, Alabama for Medical, Mental and Dental Services for inmates at the County Jail effective July 1, 2017 through June 30, 2018 be approved and direct the Chair to sign for same as recommended by Tony Thompson, Black Hawk County Sheriff.
Thompson said that NaphCare wanted a 3.6% increase, but he convinced them to agree to no increase for this one-year extension. He thought if the job were to be put out for bid there would be considerable savings, but he said NaphCare has done an outstanding job of limiting the county’s liability, saving in frivolous lawsuits and medical expenses.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED to RESCIND the appointment of Abby Miller as the Human Resources Director approved by the Board of Supervisors on April 25, 2017.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
Schwartz moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the POSITION RECLASSIFICATION of Debi Bunger (Interim Human Resource Director) from the Work Comp and Benefits Specialist (pay grade 267/GS17) position to the Human Resources Director (pay grade 276/GS26) at an annual salary of $75,000 effective immediately be approved.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
Moved by Laylin, seconded by Schwartz that the TRAVEL REQUEST submitted by Chris Schwartz, Board of Supervisors, be approved and direct the Chair to sign for same: $2,456.00 to attend the NACo Annual Conference in Columbus, Ohio from July 20, 2017 to July 24, 2017.
Schwartz said he had identified 22 sessions he wanted to attend to learn about things going on in the country and to identify grants. White said he opposed the request, because a supervisor went to NACo meetings before and didn’t get anything out of it. Laylin disagreed, and said there’s an opportunity to represent Black Hawk County and gain a lot of information from other counties. White said information sharing can be done electronically. Laylin said that doesn’t accomplish the networking that in-person contact does. Motion carried, White dissenting.
Little moved the following resolution seconded by White.
BE IT HEREBY RESOLVED that the MINOR PLAT OF SURVEY submitted by Jeffery and Heidi Noonan-Day to minor plat 3.046 acres into two lots to allow for the construction of one single-family dwelling in an area zoned “A-R” Agricultural-Residential District. The property is located at 8227 Buck Ridge Road, and if approved that the County Auditor be directed to certify a copy of this Resolution for the Black Hawk County Recorder. (Legally described as: PARCEL “F”, SE 1/4, SECTION 09: PARCEL “F” OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 09, TOWNSHIP 90 NORTH (T90N), RANGE 14 WEST (R14W), OF THE FIFTH PRINCIPAL MERIDIAN (5TH P.M.), AND PART OF LOT “S-14” OF BUCK RIDGE, ALL IN BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT “S-14”, SAID POINT COMMON TO LOT “S-13”, AND THE NORTHWESTERLY LINE OF BUCK RIDGE ROAD; THENCE N43º20’40”E, 175.00 FEET, ALONG SAID SOUTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N05º32’10”E, 242.23 FEET, ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO THE POINT OF BEGINNING; THENCE CONTINUING N05º32’10”E, 242.23 FEET, ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N46º59’30”W, 65.34 FEET, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N87º23’00”W, 218.05 FEET, CONTINUING ALONG THE NORTHERLY LINE OF SAID LOT “S-14”, TO THE NORTHWEST CORNER OF SAID LOT “S-14”; THENCE S02º04’20”W, 254.65 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE S84º27’50”E, 254.24 FEET, TO THE POINT OF BEGINNING, CONTAINING 67,333.5 SQUARE FEET, OR 1.546 ACRES. AND PARCEL “G”, SE 1/4, SECTION 09: PARCEL “G” OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 09, TOWNSHIP 90 NORTH (T90N), RANGE 14 WEST (R14W), OF THE FIFTH PRINCIPAL MERIDIAN (5TH P.M.), AND PART OF LOT “S-14” OF BUCK RIDGE, ALL IN BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT “S-14”, SAID POINT COMMON TO LOT “S-13”, AND THE NORTHWESTERLY LINE OF BUCK RIDGE ROAD; THENCE N43º20’40”E, 175.00 FEET, ALONG SAID SOUTHEASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N05º32’10”E, 242.23 FEET, CONTINUING ALONG THE EASTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE N84º27’50”W, 254.24 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT “S-14”; THENCE S02º04’20”W, 65.35 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO A POINT; THENCE S18º51’50”E, 346.18 FEET, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT “S-14”, TO THE POINT OF BEGINNING, CONTAINING 65,338.9 SQUARE FEET, OR 1.500 ACRES..)
Tim Andera of Planning and Zoning said the property was previously mapped as being in the flood plain, but the owners received a letter of map amendment from FEMA that removes it from the flood plain. The Planning and Zoning Commission recommended approval by a 3-2 vote. Magsamen asked if the 2008 flood affected the area. Andera said he understood there was no water on Buck Ridge Road. Kirk Eschliman of KESS and Associates, which prepared the plat of survey, said that the lowest point on his survey was at the base of a culvert, and it was above the flood plain. Magsamen asked about the 2008 flood. Eschliman said that access to the area would have been affected by flooding on Cedar Wapsi and Winslow Roads, but the area itself was not flooded.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted.
At Nine-thirty-six o’clock (9:36) a.m., a public hearing was held as provided by law in Board Room 201 of the Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, Iowa at which time all interested persons could appear to file objections on the purchase of one (1) Single Axle Dump Truck for the Black Hawk County Engineer’s Department.
Moved by White, seconded by Little to receive and place on file proof of publication of notice of public hearing. Motion carried.
Moved by White, seconded by Little to close the hearing after oral/written comments are received. Motion carried.
At nine-thirty-six (9:36) a.m. the Chair announced the time had arrived in accordance with prior action and as advertised, for the receiving and opening of bids for the proposed purchase of one (1) Single Axle Dump Truck for the Black Hawk County Engineer’s Department.
The Board of Supervisors examined proof of publication of notice to bidders and determined that said notice had been published in the Waterloo Courier on May 4, 2017 in accordance with the requirements of the Code of Iowa. County Engineer Cathy Nicholas said the estimate for the truck was $135,000.
The Chair announced the following sealed bids were all received by three o’clock (3:00) p.m. Monday May 15, 2017, as stated in the Notice to Bidders. The time of announcement being nine-thirty-seven (9:37) a.m., the following bids were opened and read:
NAME CITY AMOUNT
Thompson Truck and Trailer Waterloo, IA $160,755
Thompson Truck and Trailer Waterloo, IA $169,271
TriState Truck Equipment Dubuque, IA $ 77,030 (equipment only)
Truck Country #1 Cedar Rapids, IA $160,978
Truck Country #2 Cedar Rapids, IA $156,730
Peterbilt Trucks of Des Moines Altoona, IA $193,971
Don’s Truck Sales Fairbank, IA $161,840
Moved by Little, seconded by White that the Board of Supervisors receive and place on file the bids for the purchase of one (1) Single Axle Dump Truck to allow time to review said bids as recommended by Catherine Nicholas, County Engineer.
The Chairperson announced at 9:41 am that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $250,000 General Obligation Bonds, in order to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, for essential county purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 331.443 of the Code of Iowa.
Moved by Little, seconded by White to receive and place on file the proof of publication of notice of public hearing.
The Chairperson then asked the Auditor whether any written objections had been filed by any resident or property owner of the County to the issuance of the Bonds. The Auditor advised the Chairperson and the Board that no written objections had been filed. The Chairperson then called for oral objections to the issuance of the Bonds and none was made. Whereupon, the Chairperson declared the time for receiving oral and written objections to be closed.
Moved by Little, seconded by White to close the hearing after oral and written comments are received. Finance Director Susan Deaton said that the county sold $5,750,000 in general obligation bonds, and since they were sold at a premium they yielded additional proceeds. The county needed to identify eligible uses for the additional proceeds, which must be spent within three years, and this action identifies those uses. Motion carried.
Whereupon, the Chairperson declared the hearing on the issuance of the Bonds to be closed.
The Board then considered the proposed action and the extent of objections thereto.
Laylin moved the following resolution seconded by White.
WHEREAS, pursuant to notice published as required by law, the Board of Supervisors has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $250,000 General Obligation Bonds, for the essential county purposes, in order to provide funds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the County and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK COUNTY, STATE OF IOWA:
Section 1. That this Board does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $250,000 General Obligation Bonds, for the foregoing essential county purposes.
Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted.
PASSED AND APPROVED this 16th day of May, 2017.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted.
White moved the following resolution seconded by Laylin.
WHEREAS, $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and
WHEREAS, this Board has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter “Agreement”) has been prepared to be entered into between the County and Bankers Trust Company.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK COUNTY, STATE OF IOWA:
1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $5,750,000 General Obligation Bonds, Series 2017, dated May 23, 2017.
2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Chairperson and Auditor are authorized to sign the Agreement on behalf of the County.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None.
Resolution adopted
Laylin moved the following resolution seconded by Schwartz.
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 refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009, as is more fully set forth in the schedule of Bonds to be refunded, hereinafter set forth as Exhibit “A”, attached to this resolution, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $4,195,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 not to exceed $4,195,000 General Obligation Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $950,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $750,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds for such purpose(s); and
WHEREAS, the Issuer is in need of funds to pay costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building, essential county purpose(s), and it is deemed necessary and advisable that General Obligation Bonds, to the amount of not to exceed $250,000 be authorized for said purpose(s); and
WHEREAS, pursuant to notice published as required by Section 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 Bonds, and the Board is therefore now authorized to proceed with the issuance of said Bonds 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 Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $5,750,000 Essential County Purpose General Obligation Bonds, Series 2017, as hereinafter set forth; and
WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at public sale and action should now be taken to issue said Bonds conforming to the terms and conditions of the best bid received at the advertised public sale; and
WHEREAS, on May 9, 2017, the Board did adopt a certain Resolution entitled “RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,750,000 GENERAL OBLIGATION BONDS, SERIES 2017, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE”; and
WHEREAS, due to certain changes in the overall financing plans of the County, it is necessary to make changes to the Resolution adopted on May 9, 2017; and, therefore, this Resolution shall be substituted in its entirety for the Resolution previously adopted on May 9, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BLACK HAWK 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:
•“Authorized Denominations” shall mean $5,000 or any integral multiple thereof.
•“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person’s subrogee.
•“Blanket Issuer Letter of Representations” shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds.
•“Bond Fund” shall mean the fund created in Section 3 of this Resolution.
•“Bonds” shall mean $5,750,000 General Obligation Bonds, Series 2017, authorized to be issued by this Resolution.
•“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds.
•“Continuing Disclosure Certificate” shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
•“Current Refunded Portion” shall mean $4,030,000 of the Bonds to refund the Refunded Bonds.
•“Depository Bonds “ shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee.
•“DTC” shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter.
•“Issuer” and “County” shall mean Black Hawk County, State of Iowa.
•“New Money Portion” shall mean $1,720,000 of the bonds issued to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot.
•“Participants” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository.
•“Paying Agent” shall mean Bankers Trust Company, 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 Bonds as the same shall become due.
•“Project” shall mean the costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; improvements to public buildings and grounds, including reconstruction of the jail facility parking lot; and improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building.
•“Project Fund” shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs of improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements, improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, and improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including restroom remodeling at the Pinecrest Building. As to the Current Refunded Portion, “Project Fund” shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds.
•“Rebate Fund” shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate.
•“Refunded Bonds” shall mean $4,055,000 of the $8,290,000 General Obligation Taxable Build America Bonds, Series 2009, dated July 21, 2009.
•“Registrar” shall mean Bankers Trust Company of Des Moines, 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 Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds.
•“Resolution” shall mean this resolution authorizing the Bonds.
•“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 Bonds.
•“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 Bonds 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 Bonds 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 Waterloo, Iowa, to-wit:
FISCAL YEAR
(JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$ 917,556* 2017/2018
$1,069,000 2018/2019
$ 984,600 2019/2020
$ 981,500 2020/2021
$ 983,100 2021/2022
$ 589,300 2022/2023
$ 663,000 2023/2024
*A levy has been included in the budget previously certified and will be used together with available County funds to pay the principal and interest of the Bond coming due in fiscal year 2017/2018.
(NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.)
b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Black Hawk 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 Bonds 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. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the County, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the “GENERAL OBLIGATION BOND FUND NO. 1” (the “Bond Fund”), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds 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 Bond Proceeds. Proceeds of the Bonds, 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 Bonds 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.
Proceeds invested shall mature before the date which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund.
Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2017, 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, 2017, 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 Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
a) Bond Details. General Obligation Bonds of the County in the amount of $5,750,000, shall be issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated “GENERAL OBLIGATION BOND, SERIES 2017”, be dated May 23, 2017, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2017, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided.
The Bonds 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 Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows:
Principal Interest Maturity
Amount Rate June 1
$800,000 2.000% 2018
$970,000 2.000% 2019
$905,000 2.000% 2020
$920,000 2.000% 2021
$940,000 2.000% 2022
$565,000 2.000% 2023
$650,000 2.000% 2024
b) Redemption.
i. Optional Redemption. Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer on that date or any date thereafter, 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 Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds 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 Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant’s interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter.
b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer’s obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section.
c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section.
d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter.
e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder.
f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed.
g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered “clearing agency” as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries.
h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation.
a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds 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 Bonds and in this Resolution.
b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds 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 Bond (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 Bond, a new fully registered Bond, 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 Bond, 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 Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution.
d) Ownership. As to any Bond, 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 Bonds 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 Bond, including the interest thereon, to the extent of the sum or sums so paid.
e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds 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 Bonds to the Issuer.
f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds 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 Bonds 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 Bonds 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 Bonds. 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 Bonds 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 bond for each annual maturity. The Registrar shall furnish additional Bonds 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 Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond 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 Bond, 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 Bonds to the extent of the payments so made. Upon receipt of the final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Chairperson and Auditor shall execute the Bonds by their manual or authorized signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond 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 Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued.
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 bondholder.
Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows:
“STATE OF IOWA”
“COUNTY OF BLACK HAWK”
“GENERAL OBLIGATION BOND”
“SERIES 2017”
ESSENTIAL COUNTY PURPOSE
Rate: 2.000%
Maturity: __________
Bond Date: May 23, 2017
CUSIP No.: __________
“Registered”
Certificate No. __________
Principal Amount: $_______________
Black Hawk 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 Bankers Trust Company, 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, 2017, 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 Bond 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 Bond is issued pursuant to the provisions of Sections 331.443 and 331.445 of the Code of Iowa, for the purpose of paying costs of refunding and refinancing outstanding general obligation indebtedness of the County, including the General Obligation Bonds (Taxable Build America Bonds), Series 2009, dated July 21, 2009; improvements to public buildings and grounds, including equipment, remodeling, reconstruction and additions or extensions to the buildings, including acquisition and installation of a chiller for the courthouse and courthouse lighting and ceiling improvements; and improvements to public buildings and grounds, including reconstruction of the jail facility parking lot, in conformity to a Resolution of the Board of said County duly passed and approved.
Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company (“DTC”), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
Bonds maturing after June 1, 2023, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, 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 Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds 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 Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached.
Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond 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 Bondholders of such change. All bonds 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 Bond Resolution.
This Bond 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 Bond, 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 Bond 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 Bond, does not exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Board, has caused this Bond 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, Bankers Trust Company, Des Moines, Iowa.
Date of authentication:_______________
This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company.
BANKERS TRUST COMPANY, Registrar
By: ____________________________
Authorized Signature
Registrar and Transfer Agent: Bankers Trust Company
Paying Agent: Bankers Trust Company
SEE REVERSE FOR CERTAIN DEFINITIONS
(Seal)
(Signature Block)
BLACK HAWK COUNTY, STATE OF IOWA
By: _(manual or facsimile signature)___
Chairperson
ATTEST:
By:_(manual or facsimile signature)___
County Auditor
(Information Required for Registration)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto________________________ (Social Security or Tax Identification No. _______________) the within Bond and does hereby irrevocably constitute and appoint ___________________ attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, 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 bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)______________ Address of Transferee(s)_____________ Social Security or Tax Identification Number of Transferee(s)___________ Transferee is a(n):
Individual*___ Corporation___ Partnership___ Trust___ *If the Bond 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 Bond, 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
(End of form of Bond)
Section 14. Closing Documents. 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 15. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said County and the purchaser of the Bonds.
Section 16. 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 Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds 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 Bonds 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 Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds.
Section 17. 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 Bonds. 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 Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, “Beneficial Owner” means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds 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 Bonds;(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 Bonds;(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 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations.
Section 21. Qualified Tax-Exempt Obligations. For the sole purpose of qualifying the Bonds as “Qualified Tax-Exempt Obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of the United States, as amended, the Issuer hereby designates the Bonds 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 22. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 23. 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.
AYES: Laylin, Little, Schwartz, White, Magsamen.
NAYS: None. Resolution adopted
ANY REPORTS OR INFORMATION FROM THE BOARD
On motion and vote the meeting adjourned.
Frank Magsamen, Chair, Board of Supervisors
Grant Veeder, County Auditor

Union Community School District – May 15, 2017

UNION COMMUNITY SCHOOL DISTRICT
DYSART-GENESEO-LA PORTE CITY
Public Hearings & Regular Board Meeting
May 15, 2017
(pending board approval)
Public Hearing for Proposed 2017-2018 School Calendar: A public hearing on the proposed 2017-2018 school calendar began at 6:00 p.m. Supt Fleshner reviewed the calendar for those in attendance. The calendar continues to include 190 contract days for teachers. Changes to the calendar include removing all noon dismissals, adding a spring break in March, having all teacher professional development days as full days and, with the exception of the teacher work days and professional days held prior to the students returning in August, the professional development days will be on select Mondays during the school year. Parent/Teacher conferences will be held in November and February, with students being dismissed at 2:15 pm on those days.
Public Hearing for 2016-2017 Budget Amendment: A public hearing was held on the 2016-2017 budget amendment. The Total Support Services section of the budget was amended by $200,000 due to an increase in special education expenditures and moving the TLC expenses from the Instruction section to Support Services in the budget. The Noninstructional Programs section of the budget is being increased due to additional expenses incurred in Nutrition this year.
Call to Order: Board President Joe Connolly called the regular meeting to order at 6:12 p.m. The following board members were present: Darrell DeWinter, Cathy Niebergall, Kevin Sash, Jenna Scott, and Brian Weber (6:13 pm). Absent: Corey Lorenzen.
Agenda: The agenda was revised to include the following: Under Personnel add the resignation of Heidi Spore as D-G Elem half-time 4th grade teacher and add the appointment of Heidi Spore as K-12 Talented and Gifted Teacher. Also, add item 28a to revise strength and conditioning position previously approved to reflect the pay for the position at the same rate as a head coaching position and removing the summer weight room supervisor funding in supplemental pay and remove item 10, Voted PPEL, from this month’s agenda. On a motion by Niebergall, second by Sash, the agenda was approved as amended. Motion carried 6-0.
Correspondence: A thank you for funeral flowers for Val from Dandeena Schadle was passed around for the board to read.
Superintendent’s Report: 1. Recognitions: School Board Recognition Month – Supt Fleshner thanked the board members for their time and service to the school. Gold Star Teacher – Justin Parson has been named a Gold Star Teacher and will be among those honored on May 16th at the UNI President’s House. On May 23rd there will be a public event at Gallagher Bluedorn to honor the Gold Star winners. Nutrition Audit: The only citation noted was regarding continued education for staff and there is already a plan in place addressing that issue. Thank you to Tina Hanna, Carol Grote, and the food service staff for their hard work in preparing for the audit. Bus Inspections: Our spring bus inspections were done and there were 22 deficiencies noted, most of them very small, minor items (such as a loose muffler clamp). This is the lowest number of documented issues the district’s bus inspections have had since the fall of 2012. Thank you to Mike Timmer, Sam Newton, Drew Hennings, and the bus drivers for their work in keeping the bus issues down. 2. Instructional Update: Learning Support Teams (LST) are being used in both elementary buildings and the schedule for the coming school year is already in place. Leveled Literacy Intervention (LLI) Materials for Title I Reading: Changes to Summer School Enrollment: This summer the program will be looking at a more targeted group of students and the length of the program will be reduced from three weeks to two weeks. 3. Professional Development Update: Planning meetings for next year’s plan have begun. 4. Financial Update: Negotiations have been completed and approving the Master Contract is on the agenda. Collective Bargaining: Master Contract vs Employee Handbook: Working on an employee handbook which will include many items that were previously in the Master Contract. Salary Schedule: Will be looking at the salary schedule and revising it to make it more than a hiring schedule. Insurance: Have proposed an employee contribution increase of $40/month, from $125 to $165, for family insurance and an employee contribution increase from $1/year to $30/month for single insurance. Staffing Plan: Supt Fleshner reported that he wants to talk to the teachers effected before making any decision on the following. Reviewing the options for the Dysart kindergarten. With the numbers for kindergarten, may look at either hiring another teacher to have two sections or having one section with a teacher and an associate in the room. Looking at the possibility of hiring a half-time teacher to help with 5th grade, or possibly hire a full-time teacher that would split their time and be half-time in 4th grade and half-time in 5th grade. Legislative Updates: The bills that offer flexibility in certain categorical funds have been signed. Contracting Diesel Fuel: The board consensus was to look at contracting diesel fuel and asked Supt Fleshner to look into getting bids.
6:52-6:55 pm – Took short break to have board picture taken and Supt Fleshner handed out the Board Recognition Certificates .
Natural Gas: Board discussed the natural gas proposals and their consensus was for Supt Fleshner to move forward with this. 5. Facility Update: Dysart Concrete: Specs have been developed. Roofing Plan: Supt Fleshner has received one proposal. Waiting to hear back from Struxture Architects. 6. Transportation Update: The new van has arrived and should be inspected tomorrow. 7. Online Registration: The first test run is out. 8. Daycare Conversation: Supt Fleshner and a group from the Dysart Development Corporation toured the Reinbeck daycare and will be touring Jesup’s daycare this week. 9. The La Porte City City Council is requesting a joint meeting with the school board to discuss topics that are relevant to both the city and the school. The board consensus was to meet with them. 10. Technology: We have been notified by Encompass of next year’s costs. We are looking at other possible technology support companies. 11. College Text Book Fees: The range for next year is $2,000-3,500. Considering putting a fee in place for those students taking college courses through Union CSD.
Take Action on 2017-2018 School Calendar: On a motion by Niebergall, second by Scott, the 2017-2018 school calendar was approved as presented. Motion carried 6-0.
Take Action on 2016-2017 (FY17) Budget Amendment: On a motion by DeWinter, second by Sash, the 2016-2017 (FY17) budget amendment was approved as presented. Motion carried 6-0.
Approve Master Teacher Contract for 2017-2018: On a motion by Sash, second by DeWinter, the board approved the Master Teacher Contract. Motion carried 6-0. The base wage for FY18 will increase by $925, from $35,092 to $36,017. Each FTE will receive an increase of $925.
Approve Support Staff Contracts for 2017-2018: The recommendation for 2017-2018 support staff (except bus drivers) contracts includes a $0.50/hour salary increase, an increase in the employee contribution for family insurance from $125/month to $165/month, an increase in the employee contribution for single insurance from $1/year to $30/month, and paid holidays will only apply to 12-month employees. Individual changes include an increase of $1,100 for Kathy Krug, an $850 increase for Carol Grote, and a $0.65/hour increase for Diane Roberts. On a motion by Niebergall, second by Weber, the board approved the support staff contracts. Motion carried 6-0. (Bus drivers’ contracts will be on the June agenda.)
Approve Administrative Contracts for 2017-2018: The recommendation for 2017-2018 administrative contracts includes an $1,100 salary increase, an increase in the employee contribution for family insurance from $55/month to $75/month, paid holidays will be dropped, and administrators will receive 5 personal days per contract year. On a motion by Niebergall, second by DeWinter, the board approved the administrator contracts. Motion carried 6-0
School Fees for 2017-2018: On a motion by Weber, second by DeWinter, the board approved the 2017-2018 fees as presented. Motion carried 6-0. Changes in fees include K-5 action planner to $4 and MS/HS action planners to $7, MS yearbook to $16, and drivers’ education fees for resident students to $300. Meal price changes include: student breakfast to $1.60, adult breakfast to $2.60, elementary student lunch to $2.65, MS student lunch to $2.95, HS student lunch to $3.00, adult lunch to $3.55, and a carton of milk to $0.45.
Student Handbook Changes: HS Principal Cayton reviewed the changes being requested for the high school student handbook. The La Porte City and Dysart-Geneseo Elementary are requesting no changes other than corresponding date changes. On a motion by Weber, second by Niebergall, the board approved the handbook changes for the high school and both elementary buildings. Motion carried 6-0.
AEA Purchasing Agreement 2017-2018: On a motion by Weber, second by Niebergall, the board approved the 2017-2018 AEA Purchasing Agreement. Motion carried 6-0.
Contract with Athletico for Athletic Training Services, 3 Year Agreement: On a motion by DeWinter, second by Scott, the board approved the 3 year agreement with Athletico for athletic training services. Motion carried 6-0.
Approve Selling School Bus: Supt Fleshner requested the board approve taking sealed bids for bus #6. On a motion by Sash, second by DeWinter, the board approved selling bus #6 by sealed bids. Motion carried 6-0.
Add an Assistant Large Group Speech Coach: On a motion by Sash, second by DeWinter, the board approved adding an assistant Large Group Speech Coach to the supplemental schedule, with a beginning salary of $720. Motion carried 6-0.
Add an Assistant Individual Speech Coach: On a motion by Sash, second by DeWinter, the board approved adding an Assistant Individual Speech Coach to the supplemental schedule, with a beginning salary of $720. Motion carried 6-0.
First Reading of School Board Policy 302.5E (Superintendent Evaluation): On a motion by Niebergall, second by Scott, the board approved the first reading of board policy 302.5E. Motion carried 6-0.
First Reading to Remove Board Policies 406.1, 406.2, 406.3, 406.4, 406.6, 412.4, and 706.2: On a motion by Sash, second by Niebergall, the board approved the first reading to remove board policies 406.1, 406.2, 406.3, 406.4, 406.6, 412.4, and 706.2. Motion carried 6-0.
Revise Strength and Conditioning Position Previously Approved to Reflect Pay for the Position at a Head Coaching Position Rate and Remove the Summer Weight Room Supervisor Funding in Supplemental Pay: On a motion by Sash, second by Scott, the board approved revising the strength and conditioning position to reflect pay equal to a head coach (major sport) and removing the summer weight room supervisor position from the supplemental pay schedule. Motion carried 6-0.
Consent Agenda: Minutes of the April 10, 2017 board meeting; Claims to be paid; Financial Reports; Personnel – Resignations: Lauren Barz as 7th Grd Volleyball, Kris Cayton as LPC Elem Early Childhood Spec Educ, Dan Delagardelle as 0.50 FTE LPC Elem Night Custodian, Daryl Douglass as Asst HS Football, Marjorie Halupnick as TLC Mentor – LPC Elem, Hope Hix as TLC Mentor – MS, Aren Intlekofer as MS Industrial Technology, Sherry Parker as HS Head Softball (End of 2017 Season), Rex Raub as MS 7th Grd Girls’ Basketball, Rochelle Richards as MS Special Education, Caitlin Schmitz as TLC Mentor – LPC Elem, Heidi Spore as D-G Elem 0.50 FTE 4th Grd, Kate Stainbrook as LPC Elem Spec Education, Lisa West as LPC Elem 2nd Grade, Appointments: Scott Denner as Strength and Conditioning Coach, Raini Hilmer as MS Softball Coach, Gary Leyen as Substitute Bus Driver, Heidi Spore as K-12 Talented and Gifted, Dave Weber as Route Bus Driver, Jamie Wilson as LPC Elem 0.625 FTE Art Teacher; Open Enrollment Requests. On a motion by Scott, second by Sash, the board approved the consent agenda. Motion carried 6-0.
Adjourn: On a motion by Weber, second by Scott, the meeting adjourned at 8:38 pm. Motion carried 6-0.
Joe Connolly, President Kathy Krug, Board Secretary
INVOICES APPROVED MAY 15, 2017
GENERAL FUND
A1 SEWER DRAIN SERVICES LLC, HS – SEWER LINE CLEANING, 120.00
ADVANCED SYSTEMS, INC, HS COPIER MAINTENANCE, 326.64
AIRGAS NORTH CENTRAL, HS IND TECH SUPPLIES, 264.34
ALLIANT ENERGY, NATURAL GAS, 2,443.38
AMERICAN CANCER SOCIETY, FY17 MS LIP OFF FUNDRAISER, 3,165.83
ANDYMARK, INC, HS FRC ROBOTICS SUPPLIES, 345.75
ART CRAFT STUDIO, INC, HS ART SUPPLIES, 26.94
BLACK HILLS ENERGY, NATURAL GAS, 1,929.61
CASEY’S GENERAL STORE, GASOLINE, 1,719.37
CASEY’S GENERAL STORES, INC, LPC ELEM BIRTHDAY BOOK CLUB PIZZA PARTY, 107.09
CEDAR FALLS COMMUNITY SCHOOLS, 3RD QRTR SPEC EDUC BILLING, 57,124.26
CEDAR VALLEY ARBORETUM & BOTANICAL GARDENS, D-G ELEM 1ST GRADE FIELD TRIP, 20.00
CENTRAL IOWA DIST, INC, MS CUSTODIAL SUPPLIES, 1,793.49
CENTURY LINK, LONG DISTANCE CHARGES, 208.66
CITY OF DYSART, UTILITIES, 9,623.22
CNC LUMBER & SUPPLIES, LLC, MS IND TECH SUPPLIES, 40.81
COUNTRY INN & SUITES, ISBMA HOTEL EXP – KRUG, 71.68
D & K PRODUCTS, HS ATHLETICS – FERTILIZER, 2,275.00
DARNALL POYNER, JOLEEN, 4/5 HOBBY LOBBY – HS ART SUPPLIES, 338.35
DEPARTMENT OF EDUCATION, 4/28 – 25 BUS INSPECTIONS, 1,000.00
DIKE-NEW HARTFORD COMMUNITY SCHOOL, 4/17 PROF DEV PRESENT @ DIKE-NH, 2,295.00
DYSART TIRE & SERVICE, INC, BUS REPAIRS, 2,343.77
EAST CENTRAL IOWA COOPERATIVE, GASOLINE/DIESEL FUEL, 6,221.08
ENCOMPASS IOWA, LLC, MAY TECHNOLOGY SERVICES, 6,174.43
FARMERS COOP TELEPHONE CO, LOCAL SVC, 1,063.14
FERGUSON ENTERPRISES, INC #1657, CUSTODIAL SUPPLIES, 110.94
FOLLETT SCHOOL SOLUTIONS, INC, D-G ELEM LIBRARY BOOKS, 2,364.00
GARDNER PLUMBING, PLUMBING REPAIRS, 285.00
GARY’S THRIFTWAY FOODS, FCS/SCIENCE SUPPLIES, 312.44
GLADBROOK-REINBECK COMMUNITY SCHOOL, 2ND SEMESTER OPEN ENROLLMENT, 6,758.68
GRANT WOOD AEA, STANDARDS BASED GRADING CONF – REGISTR, 700.00
GROTE, CAROL 3/30 TEACH IOWA WORKSHOP, 76.84
GROUT MUSEUM, D-G ELEM 4TH GRADE FIELD TRIP, 243.00
HAAN CRAFTS, LLC, MS FCS SEWING PROJECTS, 217.10
HAWKEYE COMMUNITY COLLEGE, BUS DRIVER TRAINING, 125.00
HEARTLAND ACRES AGRIBITION CENTER, INC, D-G ELEM – 3RD GR FIELD TRIP, 105.00
HERFF JONES, DIPLOMAS, CAPS, TASSELS, 2,600.01
HIX, HOPE, 5/7 PARTY CITY – ETIQUETTE MEAL EXPENSES, 29.81
HUDSON COMMUNITY SCHOOL, 2ND SEMESTER OPEN ENROLLMENT, 27,034.72
IA ASSOCIATION OF SCHOOL BOARDS, APRIL BACKGROUND CHECKS, 46.00
IOWA DIVISION OF CRIMINAL INVESTIGATION, LEYTEM BACKGROUND CHECK, 41.00
IOWA PUPIL TRANSPORTATION ASSOCIATION, IPTA CONF REGISTRATIONS, 800.00
IOWA TESTING PROGRAMS, TESTING SERVICES, 3,940.64
IOWA WATER MANAGEMENT COMPANY, HS CUSTODIAL – BOILER TREATMENT, 140.00
JOHN’S QWIK STOP, GASOLINE, 510.28
JONES SCHOOL SUPPLY CO., INC, D-G ELEM – TRACK/FIELD RIBBONS, 233.10
KEEGAN, MICHELLE, APRIL TLC MLG REIMB, 71.40
KUHLERS, KYLE, CYBER SECURITY – HOTEL EXP – KUHLERS, 57.40
LA PORTE CITY PRESCHOOL, APRIL SWVPP PAYMENT, 17,538.92
LA PORTE CITY PRINTING & DESIGN, INC, PUBL HEARING NOTICE-BUDGET AMENDMENT, 425.10
LA PORTE CITY TELEPHONE CO., LOCAL SVC, 1,250.85
LA PORTE CITY UTILITIES, UTILITIES, 11,542.24
LAPORTE MOTOR SUPPLY, INC, REPAIR PARTS, 391.54
LATHEM TIME CORPORATION, TIME CLOCK RIBBONS, 42.28
LEYTEM, ALISON, REIMB – FINGERPRINTING, 10.00
LONG, LOIS, 5/8 HYVEE REIMB – MS ETIQUETTE MEAL, 10.74
MACKIN EDUCATIONAL RESOURCES, D-G ELEM LIBRARY BOOKS, 158.01
MADISON NATIONAL LIFE INSURANCE CO, MAY 2017 LIFE/LTD PREMIUMS, 2,085.94
MARCUS CINEMAS CROSSROADS, AFTER PROM PRIZES, 1,760.00
MENARD, INC, LPC ELEM – SURGE STRIPS, 1,840.02
MERCER H&B ADMIN -IOWA FIDUCIARY, JUNE INSURANCE PREMIUMS, 137,012.86
MERITAIN HEALTH, MAY FLEX ADMIN FEES, 321.36
MONKEYTOWN, HS – FOIL ENHANCED CERTIFICATES PRINTED, 41.94
MOTORHEAD MAYHEM SERVICE & REPAIR, VEHICLE REPAIRS, 718.86
MURRAY, DUANE, LPC ELEM 5/22/17 CARICATURE DRAWINGS, 200.00
NAGLE SIGNS INC, HS FRC ROBOTICS SUPPLIES, 252.61
NORTH TAMA COMMUNITY SCHOOLS, 2ND SEMESTER OPEN ENROLLMENT, 26,711.06
ORKIN PEST CONTROL, 4/26 PEST CONTROL, 276.22
P & K MIDWEST INC, LPC JD RIDER MOWER, 29.35
PEPSI-COLA, MS FACULTY POP, 243.76
PETERSEN CONCRETE CONSTRUCTION, LLC, 3/13 SNOW REMOVAL, 480.00
PITNEY BOWES EASY PERMIT POSTAGE 59, MS POSTAGE, 300.00
PITNEY BOWES, INC, HS QRTRLY POSTAGE, 399.24
PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, APRIL INSURANCE PREMIUMS, 827.28
QUALITY INN & SUITES STARLITE VILLAGE CONF CENTER, HANSEN HOTEL EXP – 4/5 NURSE CONF, 99.68
QUILL, D-G ELEM OFFICE SUPPLIES, 93.81
RAGGEDY ANN & ANDY PRESCHOOL, APRIL SWVPP PAYMENT, 14,673.11
REFLECTIVE SYNERGY, LLC, MAY CURRIC DIR SERVICES, 3,396.50
RICOH USA, INC, DISTRICT OFF COPIER MAINTENANCE, 17.80
SANDEE’S LIMITED, REITREMENT CLOCKS, 380.00
SCHOOL BUS SALES CO, BUS REPAIRS, PARTS, 1,299.20
SERVICE ROOFING COMPANY, HS – REPAIR TORN SOIL STACK FLASHINGS, 391.33
SHAMROCK LAWN SERVICE, LPC WEED CONTROL, 425.00
STAPLES CREDIT PLAN, MS SUPPLIES, 135.64
SWISHER & COHRT, PLC APRIL LEGAL SERVICES 52.50
TAMA/GRUNDY PUBLISHING, PUBLIC HEARING NOTICE, MINUTES, BILLS, 251.10
TIMBERLINE BILLING SERVICE LLC, MEDICAID ADMIN FEES FOR 4/17 CLAIM, 821.50
TOWN & COUNTRY WHOLESALE CO. , LPC ELEM POPCORN OIL, 38.65
UNION COMMUNITY SCHOOL DISTRICT, G-TRACK TO DRAKE RELAYS – MEAL MONEY, 284.00
UNIVERSITY OF NORTHERN IOWA, ELEM LITERACY CONF REGISTR, 520.00
URB’S DO IT BEST HARDWARE, CUSTOD/TRANPS SUPPLIES, 304.77
VAN METER INDUSTRIAL, INC., HS CUSTODIAL – HALLWAY LIGHTS, 3,189.89
VINTON-SHELLSBURG COMM SCH, 2ND SEMESTER OPEN ENROLLMENT, 57,110.84
WAMBOLD, DALE APRIL 2017 TLC MLG REIMB, 64.60
WATERLOO COMMUNITY SCHOOL DISTRICT, 2ND SEM FY17 OPEN ENROLLMENT, 10,138.02
WEBER PAPER COMPANY, LPC ELEM – HAND SOAP, 227.50
WEST MUSIC CO, HS BAND RESALE, 95.00
YOUNG PLUMBING AND HEATING, LPC ELEM – REPLACE FLOW METER, 2,888.25
Fund Total: 449,613.07
PHYSICAL PLANT & EQUIPMENT
CENTRAL IOWA DIST, INC, HS CUSTODIAL – WET/DRY VAC, 6,820.00
ENCOMPASS IOWA, LLC, MAY TECHNOLOGY SERVICES, 2,531.00
GARDNER PLUMBING, HS 2 HOT WATER HOLDING TANKS-INSTALL, 6,105.30
MARCO TECHNOLOGIES, LLC, JUNE COPIER/PRINTER AGREEMENT, 4,599.42
YOUNG PLUMBING AND HEATING, MS IT ROOM – INSTALL MINI SPLIT A/C UNIT, 2,500.00
Fund Total: 22,555.72
CAPITAL PROJECTS
CEDAR FALLS COMMUNITY SCHOOLS, 3RD QRTR SPEC EDUC BILLING, 5,290.74
PORTER & PORTER CONSTRUCTION LLC, APPLIC #6 – FINAL, 7,206.53
WITHAM AUTO CENTERS, INC, 2017 CHEVROLET EXPRESS VAN, 26,635.00
Fund Total: 39,132.27
DEBT SERVICE FUND
BANKERS TRUST COMPANY, 6/1 PRINC/INTEREST PAYMENT, 572,904.38
Fund Total: 572,904.38
SUPPORT TRUST FUND
HENRY SCHEIN, INC, HS WEIGHT ROOM SUPPLIES, 463.09
WF ATHLETIC SUPPLY, HS WEIGHT ROOM SUPPLIES, 139.00
Fund Total: 602.09
EXPENDIBLE TRUST
COMMUNITY FOUNDATION OF NORTHEAST IOWA, FOR BOOSTER CLUB SCHOLARSHIP, 500.00
Fund Total: 500.00

La Porte City Utilities Board of Trustees – May 10, 2017

MAY 10, 2017
The La Porte City Utilities Board of Trustees met for the regular board meeting on May 10, at 4:30pm. Present were Jon Barz, Shawn Mehlert, Tami Keune, Mike Johnson and Kathy Strubel.
Mehlert made a motion to adopt the agenda, seconded by Keune. Motion passed 3-0.
April minutes approved, motion made by Keune to accept, seconded by Mehlert. Passed 3-0.
Resolution # 17-03 “Resolution authorizing transfer of funds.” Motion made by Mehlert, seconded by Keune. Passed 3-0. Transfer of $141,700.00 from electric base reserve to debt service for Diesel Generation Series 2013 Electric Bond due on June 1, 2017.
Resolution # 17-04 “Resolution authorizing transfer of funds.” Motion made by Mehlert, seconded by Keune. Passed 3-0. Transfer of $32,857.35 from electric base reserve to debt service for Electric Project 2016 Electric Bond due on June 1, 2017.
Resolution # 17-05 “Resolution authorizing transfer of funds.” Motion made by Keune, seconded by Mehlert. Passed 3-0. Transfer of $170,322.50 from water base reserve to debt service for Capital Water Project Bond Loan # D0179R due on June 1, 2017.
Resolution # 17-06 “Resolution authorizing transfer of funds.” Motion made by Mehlert, seconded by Keune. Passed 3-0. Transfer of $18,960.00 from water base reserve to debt service for Capital Water Project Bond Loan #D0245R due on June 1, 2017.
Motion to adjourn by Barz seconded by Keune. Passed 3-0
Meeting adjourned at 4:45pm.
Kathy Strubel, Recording Secretary
APRIL 2017 DISBURSEMENTS ACCO chemicals $395.80
Advanced Systems
maint agreement $95.44
Aflac ins prem $47.72
Answer Plus phone serv $94.81
Black Hills Energy gas $166.22
Border States el u/g $101.44
Caseys gas $43.26
CVB & Trust taxes, fed/fica $8,434.21
City of LPC city payback $4,452.86
City Laundry laundry service $399.67
Compass Business Solutiongs
billing $984.70
Data Technology training $170.00
Delta Dental ins prem $306.04
Deposit Refunds $68.00
DITCH WITCH FINANCIAL
lease payment $3,405.00
EAST CENTRAL IA CO-OP
gas expense and salt $326.02
FIDELITY SECURITY LIFE
vision ins $62.53
FLETCHER REINHARDT & CO. ELEC INVENTORY $559.48
FUTURE LINE LLC
new pickup service box $8,015.50
Hach Company main repair $273.02
IAMU fees/classes $125.00
Ia Dept Rev & Finance
Feb sales tax $5,558.00
Ia Utility Board fiscal yr fee $1,753.68
Ia Workforce u/e $56.80
IPERS IPERS $3,846.20
Keystone Lab wt test $48.00
Kriz-Davis co tool $448.81
LPC Connect phone serv $401.26
Lpc Insurance general ins $47,181.00
La Porte Motor maint $140.81
LPC Post Office billing $243.95
LPC Printing & Design
publication $382.59
LPC Utilities – interdept well 5 $2,721.72
Matthes William reimburse $20.00
Metering & Tech wt meters $7,269.56
Metlife ins prem $132.60
Olson Nancy reimburse $21.29
Peters Construction
plant ceiling $9,495.00
RPGI purchased power $64,404.99
Stika Casey reimburse $20.00
Speer Financial filing fee $325.00
Urbs Hardware supplies $41.37
Van Wert Inc electric meters $5,232.30
Van Meter lights power plant $4,582.96
Wellmark health ins $6,824.14
Wesco elec u/g $2,354.00
Electric / payroll $166,101.15
El Series 2016 $22,672.50
Water $44,007.00
GRAND TOTAL $232,780.65
April Revenue
Electric $142,107.45
Water $41,888.56
Interest $57.82
GRAND TOTAL $184,053.83

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