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Home My WebLink AboutBoard of Commissioners - Minutes - 06/18/1996Q Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-B Otter Tail County Courthouse Tuesday,June18, 1996 9:30 a.m. Call To Order The Otter Tail County Board of Commissioners convened Tuesday, June 18, 1996, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Virginia Portmann, Chair; Malcolm Lee, Harley Windels, Andy Lindquist, and Bill Stone present. Approval of Agenda Motion by Stone, seconded Windels and unanimously carried to approve the agenda of June 18, 1996, with the following additions: 9:45 a.m. --Dwight Miller Social Services Director Performance Evaluation --postponed 10:00 a.m. --Recess Board Meeting for Committee Meetings Approval of Minutes Motion by Lee, seconded Lindquist and unanimously carried to approve the minutes of June 11, 1996, as submitted. Payment Approved Motion by Lindquist, seconded Lee and unanimously carried to approve payment, in the amount of $137, to the Fergus Falls Medical Group PA for the cost of a medical examination conducted under Minnesota Statute 609.35. Liquor Licenses Motion by Windels, seconded by Lindquist and unanimously carried to approve the following applications for license: B.P.O. Elks #1093 Delroy Zimmerman Fergus Falls, MN Temporary On-Sale Liquor License Subject to the approval of the County Attorney's office. Colonial Food and Spirits Judy Fowler Perham, MN On Sale Liquor License and Sunday Liquor License Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office and to the submission of the required insurance certificate. Graystone Lodgeffhree Season Porch Karen Zell Battle Lake, MN On Sale Liquor License and Sunday Liquor License Off Sale Non-Intoxicating Malt Liquor License Subject to the approval of the County Attorney's office and to the submission of the required insurance certificate. Otter Tail County Board of Commissioners June 18, 1996 Page 2 Lakeway Golf Course Inc On/Off Sale Non-Intoxicating Malt Liquor License Robert A. Purdon Dalton, MN Subject to the approval of the County Attorney's office. Vacationland Resort On Sale Non-Intoxicating Malt Liquor License Lynn Johnson Battle Lake, MN Subject to the approval of the County Attorney's office. Woodland Beach Resort On/Off Sale Non-Intoxicating Malt Liquor License Eugene 8. Floersch, Jr. Battle Lake, MN Subject to the Approval of the County Attorney's office. Zorbaz on Otter Tail On/Off Sale Non-Intoxicating Malt Liquor License Thomas W. Hanson Battle Lake, MN Subject to the approval of the County Attorney's office and to the approval of the County Sheriff's office. Fireworks Permit Regulations Wayne Stein, Auditor, reported new permitting regulations for fireworks. The law changes included the possibility of acceptance of a bond in lieu of an insurance certificate and the fee for issuing the permit can be set by individual counties. Additional requirements include designation of a responsible individual certified to display fireworks through a testing procedure. Motion by Stone to charge $50 for issuing a fireworks permit and require a 1 million dollar insurance liability minimum. Motion failed for lack of a Q second. Chief Deputy, Mark Morris, appeared at the request of the board to discuss mandatory and suggested duties relative to the issuance of fireworks display permits. Discussion continued. Motion by Lindquist, seconded Lee and carried, with Stone opposed, to authorize a $25 fee for issuing fireworks permits, effective January 1, 1997, and to require the standard tort liability limits of 200,000/600,000. Appointment --HRA Board Motion by Windels, seconded Lee and unanimously carried to appoint Reba Lee, New York Mills, to the Housing & Redevelopment Authority Board. Citizen Concern Citizen, Dwight Miller, appeared to express concern regarding the Shoreland Management Ordinance language which allows only one dwelling per lot. Mr. Miller had been recently cited for leaving his camper (2nd dwelling) on a lot on Silver Lake. Land & Resource Administrator, Bill Kalar, stated that the citation was a result of a complaint, which alledged more than one dwelling unit on-site, received by his office. The County Attorney stated that in the old ordinance, language existed regarding the determination of temporary campers/tents being 22 days or less without water, sewer etc. Mr. Kalar responded that temporary camper language does exist in the new ordinance, however, there can be only one dwelling (including temporary dwellings) on a lot. The County Attorney stated that the concern would be considered for possible language change of the Shoreland Management Ordinance when the ordinance is reviewed in the future. Recess At 10:30 a.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners f\ recessed for the purpose of Personnel/Building Committee meetings. W u 0 0 Reconvene Approval to Pay Bills Otter Tail County Board of Commissioners June 18, 1996 Page3 Chair Portmann reconvened the Otter Tail County Board of Commissioners' meeting at 1 :01 p.m. Motion by Stone, seconded Lindquist and unanimously carried to approve the bills per Attachment A of these minutes. Veterans Home Bond Sale Pursuant to due call and notice thereof, a regular meeting of the Board of Commissioners of Otter Tail County, Minnesota, was duly held at the County Courthouse in Fergus Falls, Minnesota, Tuesday, June 18, 1996 at 1:00 o'clock P.M. The following members were present: Virginia Portmann, Malcolm Lee, Andy Lindquist, William Stone, Harley Windels and the following were absent: None * •• * * * The Chair announced that the meeting was convened for the purpose of considering proposals for the purchase of $1,500,000 General Obligation Veterans Home Bonds, Series 1996A. The Board is considering proposals as authorized by Minnesota Statutes, Chapter 475. * • * * • * * * * Otter Tail County Resolution No. 96-34 The County Clerk then presented the proposals received at the offices of Springsted Incorporated prior to 10:00 o'clock A.M. These were examined and found to be as sho.wn in Exhibit A attached hereto. follows:' Member Stone introduced the following written resolution and moved its adoption: RESOLUTION AW ARD ING SALE OF $1,500,000 GENERAL OBLIGATION VETERANS HOME BONDS, SERIES 1996A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND .QELIVERY, AND LEVYING TAXES FOR THEIR PAYMENT BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as Otter Tail County Board of Commissioners June 18, 1996 Page4 I. The offer of John G. Kinnard & Co. to purchase the $1,500,000 General Obligation Veterans Home Bonds, Seri~s 1996A of the County _as hereinafter describe_d is hereb~ found and determined 0 to be the best proposal received, and shall be and 1s hereby accepted, said offer bemg to purchase Bonds W maturing February I of the years listed below bearing interest as follows: Interest Interest Year Rate Year Rate 1999 6.00% 2008 5.60% 2000 6.00 2009 5.70 2001 6.00 2010 5.75 2002 5.75 2011 5.80 2003 5.75 2012 5.90 2004 5,75 2013 5.90 2005 5.75 2014 5.95 2006 5.50 2015 6,00 2007 5.50 2016 6.00 at a price of$1,500,519.35 plus accrued interest. 2. For the purpose of providing part of the funds for the acquisition and betterment of a health and social services facility consisting of a veterans home to be owned and operated by the Board of Directors of the Minnesota Veterans Homes pursuant to the authority of Minnesota Statutes, Chapter 475, and as authorized by majority vote of the electors at an election duly called 0 and held on November 2, 1993, the County shall forthwith issue its General Obligation Veterans Home Bonds, Series I 996A in the aggregate principal amount of $ I ,500,000, to be dated July I, 1996, and to mature on February I in the years and amounts as follows: Year Amount Year Amount 1999 $50,000 2008 $80,000 2000 55,000 2009 85,000 2001 55,000 2010 90,000 2002 60,000 2011 95,000 2003 65,000 2012 100,000 2004 65,000 2013 110,000 2005 70,000 2014 115,000 2006 75,000 2015 120,000 2007 80,000 2016 130,000 Interest on the Bonds is payable on February 1, 1997, and each February I and August 1 thereafter, by check or draft mailed to the registered owners thereof. Interest at the rates set forth in paragraph I shall be computed on the basis of a 360-day year of twelve 30-day months. Principal is payable upon presentation and surrender at the main office of Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota. The Bonds shall be numbered from R-1 upwards and be issued in the denomination of $5,000 each, or any integral multiple thereof as requested by the Purchaser. All Bonds maturing on or after Q February 1, 2007, are subject to redemption and priqr payment in whole or in part in such order as the County may determine and by lot within a maturity at the option of the County on February I, 2006, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the 0 0 () Otter Tail County Board of Commissioners June 18, 1996 Page 5 Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds and the form of certification by the Authenticating Agent shall be m substantially the following form: No. Interest Rate · Registered Owner: Principal Amount: UNITED ST A TES OF AMERICA STATE OF MINNESOTA COUNTY OF OTTER TAIL GENERAL OBLIGATION VETERANS HOME BOND, SERIES 1996A $ __ _ Maturity Date Date of Original Issue July I, 1996 CUSIP KNOW ALL BY THESE PRESENTS THAT Otter Tail County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to the Registered Owner hereof, or registered assigns, the Principal Amount set forth above on the Maturity Date set forth above, and to pay interest thereon from the Date of Original Issue set forth above until the Principal Amount is paid at the rate of interest specified above. Principal is payable upon presentation and surrender hereof at the office ofNorwest Bank Minnesota, National Association, in Minneapolis, Minnesota, as Paying Agent, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Interest is payable on February I, 1997, and each February I and August I thereafter, by check or draft mailed to the Registered Owner in whose name this Bond is at the time registered, at the Registered Owner's address as it appears on the register maintained by the Registrar. This Bond is one of an issue of Bonds in the aggregate principal amount of $1,500,000, all of like date and tenor except as to serial number, maturity date, redemption privilege, denomination and interest rate, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, for the purpose of providing part of the funds to pay the costs of the acquisition and betterment of a health and social services facility consisting of a veterans home to be owned and operated by the Board of Directors of the Minnesota Veterans Homes as authorized at an election duly called and held on November 2, 1993. This Bond constitutes a general obligation of the County and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the County is hereby irrevocably pledged, and the County will levy ad valorem taxes on all taxable property in the County, if required for such purpose, without limitation as to rate or amount. Otter Tail County Board of Commissioners June 18, 1996 Page6 The Bonds of this series maturing on or after February I, 2007, are subject to redemption at the option of the County, in whole or in part in such order as the County may determine and by lot within a maturity, on February I, 2006 and any date thereafter at par and accrued interest. Thirty days' notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter 475, Minnesota Statutes. Any defect in mailing notice of redemption shall not affect the validity of the proceedings for redemption. Any Bond called for redemption, and for the payment of which moneys are set aside by the County on the redemption date, shall not bear interest after the redemption date, regardless of any delay in its presentation. The Bonds of this series are issuable only as fully registered Bonds without coupons in denominations of $5,000 or any integral multiple thereof. This Bond is transferable, as provided by the Resolution of the Board of County Commissioners authorizing the issuance of the Bonds of this series adopted June 18, I 996 (the "Resolution") only upon books of the County kept at the office of the Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. 0 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to 0 and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the County 0'outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until it shall have been authenticated by execution of the Authenticating Agent's Certificate. IN WITNESS WHEREOF, Otter Tail County, Minnesota, by its Board of Commissioners, has caused this Bond to be executed in its behalf by the facsimile signature of the Chair of the Board of County Commissioners and by the facsimile signature of the County Coordinator/Clerk, all as of the Date of Original Issue set forth above. Dated: ___ _ (Facsimile Signature) Chair, Board of County Commissioners (Facsimile Signature) County Coordinator/Clerk Form of Authenticating Agent's Certificate This is one of the Bonds described in the within mentioned Bond Resolution. 0 0 0 Otter Tail County Board of Commissioners June 18, 1996 Page 7 NOR WEST BANK MINNESOTA, NATIONAL ASSOCIATION Authenticating Agent By __________ _ Authorized Signature 4. Norwest Bank Minnesota, National Association, in Minneapolis, Minnesota, is hereby appointed Registrar, Authenticating Agent and Paying Agent for the Bonds; and the County shall pay the reasonable charges of said bank for its services as Registrar, Authenticating Agent and Paying Agent. The County shall deposit funds with the Paying Agent at the time and in the manner necessary to provide for the full and prompt payment of principal of and interest on the Bonds. 5. The Bonds shall be prepared under the direction of the County Auditor and when so prepared shall be registered initially in the name of Cede & Co., as nominee of Depository Trust Company, and shall be executed on behalf of the County by the facsimile signatures of the Chair and the County Auditor and by the manual signature of an authorized signature of the Registrar, pursuant to Section 475.55, Minnesota Statutes. When the Bonds shall have been so prepared and executed, they shall be delivered by the County Auditor to Depository Trust Company in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson LLP, and the purchaser shall not be required to see to the proper application of the proceeds. 6. As long as any of the Bonds issued hereunder shall remain outstanding, the County shall maintain and keep at the office of the Registrar an office or agency for the payment of the principal of and interest on the Bonds, as in this Resolution provided, and for the registration and transfer of the Bonds, and shall also keep at the office of the Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Registrar with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the County shall execute and the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series and maturity date, of any authorized denominations of a like aggregate principal amount, maturity and interest rate. The Bonds, upon surrender thereof at the office of the Registrar, may at the option of the registered owner thereof be exchanged for an equal aggregate principal amount of Bonds of the same maturity date and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the County shall execute and the Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the County or the Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the County or the Registrar incurred in connection therewith ( except any applicable tax, fee or other governmental charge) Otter Tail County Board of Commissioners June 18, 1996 Page 8 shall be paid by the County. The County and the Registrar shall not be required to make any transfer or exchange of any Bonds during the fifteen (15) days next preceding any February I or August I interest payment date. 7. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond ( or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the County in any lawful manner, if, after notice given by the County to the Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 8. As to any Bond, the County and the Paying Agent and their respective successors, 0 each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the County nor the Paying Agent nor their respective successors shall be affected by any notice to the contrary. All payments of principal and interest shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the =m=w~. Q 9. (a) For purposes of this paragraph 9, the following terms shall have the following meamngs: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co,, the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean Depository Trust Company, New York, New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blanket Letter of Representations from the County to DTC, with respect to obligations issued from time to time by the County, substantially in the form presented to this meeting. (b) The Bonds shall be initially issued as separate authenticated fully registered Bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond register of the County kept by the Registrar in the name of Cede & Co., as nominee ofDTC. The Registrar and the County may treat DTC 0 0 0 0 Otter Tail County Board of Commissioners June 18, 1996 Page 9 (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the County shall be affected by any notice to the contrary. Neither the Registrar nor the County shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the County's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the County to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph ( f) hereof. ( c) In the event the County determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the County may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the County and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. ( d) Notwithstanding any other provision of this Resolution apparently 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 interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. ( e) The execution and delivery of the Representation Letter to DTC by the Chair or County Coordinator/Clerk, in the form presented, with such changes, omissions, insertions and revisions as the officer executing the same shall deem advisable, is hereby authorized and execution of the Representation Letter by the such officer shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under . subparagraph (b) or ( c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 6 hereof. Otter Tail County Board of Commissioners June 18, 1996 Page 10 I 0. There is hereby created a separate debt service fund for the Bonds, which shall be held by the Treasurer and used for no other purpose than to pay said Bonds, provided, that if any payment thereon shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall make such payment from the general fund of the County, and said general fund shall be reimbursed for such advances out of the proceeds of taxes levied pursuant hereto or other moneys appropriated by the Board of Commissioners for such purpose. Into said debt service fund shall be paid all proceeds of the taxes levied pursuant to this resolution and such other moneys as may be received by the County for the purpose of or appropriated to the payment of the Bonds. There is hereby levied upon all the taxable property in the County a direct annual ad valorem tax on a market value basis which shall be spread upon the tax rolls and collected with and as part of other general taxes of the County, which tax shall be levied in the years (year stated being year of levy for collection the following year) and amounts as follows: Year Amount Year Amount 1996 $145,166 2006 $140,955 1997 144,184 2007 141,501 1998 146,284 2008 141,664 1999 142,819 2009 141,480 2000 144,604 2010 140,945 2001 146,231 2011 145,250 2002 142,307 2012 143,685 2003 143,633 2013 141,750 2004 144,656 2014 144,690 2005 145,575 Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the County reserves the right to reduce said levy in the manner and to the extent permitted by Section 475.61, Minnesota Statutes. It is hereby found and determined that the foregoing taxes, if collected in full, will produce at least five percent in excess of the amount needed to meet when due the payments on the Bonds. 11. The County Auditor is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds certified copies of all proceedings and records relating to the issuance of said General Obligation Bonds and to the right, power and authority of the County and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the County as to all matters stated therein. 12. The officers of the County are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 13. The County shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. In addition, the County shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. The County Coordinator/Clerk is authorized to make any 0 0 0 0 Otter Tail County Board of Commissioners June 18, 1996 Page 11 elections available to the County under Section 148 of the Code and regulations thereunder. All terms used in this paragraph 13 shall have the meanings provided in the Code and regulations thereunder. 14. This Board hereby designates the Bonds to be "qualified tax-exempt obligations" for the purposes of Section 265 of the Code and finds that the reasonably anticipated amount of qualified tax-exempt obligations (other than private activity bonds) which will be issued by the County during the current calendar year does not exceed $10,000,000. 15. The Official Statement relating to the Bonds, on file with the County Clerk and presented to this meeting, is hereby approved and is deemed "final" for purposes of Rule 15c2-12 of the Securities and Exchange Commission, and the furnishing thereof to prospective purchasers of the Bonds is hereby ratified and confirmed. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered by the Chair and Clerk in connection with delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation of the County in accordance with its terms. 16. The County Clerk shall file a copy of this resolution in the office of the County Auditor, who shall issue a certificate to the purchaser as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member Windels, and upon vote being taken thereon the following voted in favor thereof: Q Portmann, Lee, Lindquist, Stone, Windels 0 and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF OTTER TAIL) I, the undersigned, being the duly qualified and acting County Clerk of Otter Tail County, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Board of Commissioners of said County held June 18, 1996 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $1,500,000 General Obligation Veterans Home Bonds, Series I 996A of said County. (Seal) Otter Tail County Board of Commissioners June 18, 1996 Page 12 WITNESS My hand officially and the seal of the County this_ day of June, 1996. Countyerk Otter Tail County, Minnesota Roadside Mowing Contract Approval Motion by Lee, seconded Windels and unanimously carried to authorize the Chair's signature to execute the 1996-97 Roadside Mowing Contract for area "J" between Orlin Johnson and Otter Tail County as recommended by the Highway Engineer. CSAH 88 Reconstruction Contract S.A.P. 56-688-01TB & S.A.P. 126-104-02TB Motion by Lindquist, seconded Lee and unanimously carried to authorize the Chair's signature to execute the CSAH #88 Reconstruction Contract between Otter Tail County and Mark Sand & Gravel Company as recommended by the Highway Engineer. Final Payment --Highway Signing Materials Motion by Lee, seconded Lindquist and unanimously carried to approve final payment, in the amount of $2,044.89, to M-R Sign Co., per Purchase Order No. 56426 for 1996 Highway Signing Materials. 0 R . H' h Re-roofing of the Milfl Building --Phelps Mfm Park 0 1ck West, 19 way Engineer, reported receipt o a quotation for re-roo 1ng the mill and two wheel houses V;,/1/1/ at the Phelps Mill Park. Mr. West indicated that two other contractors opted not to submit a quotation for the project. Motion by Lindquist, seconded Lee to approve the re-roofing project quotation as recommended. The County Attorney informed board members of the requirement by law to obtain a minimum of two quotations in this price range. The motion and second were rescinded. The County Engineer will work to obtain a second quotation, if possible. Recess and Reconvene Otter Tail County State Aid Highway 35 Right-of Way Acquisition Negotiation No. 11 and 11-A, S.A.P. No. 56-635-21 Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners recessed at 1 :36 p.m., and reconvened at 2:43 p.m. to view the property of Harold/Dorothy Diamond to be acquired in an eminent domain proceeding. Otter Tail County's value for the right-of-way property is $210.54. Commissioners present at the viewing were Virginia Portmann, Malcolm Lee, Harley Windels, and Andy Lindquist. Adjournment At 3:00 p.m., Chair Portmann declared the meeting of the Otter Tail County Board of Commissioners adjourned until 1 :00 p.m. Tuesday, June 25, 1996. Dated: r;ftll? ,;l. '( /1z y RD OF COMMISSIONERS Attest: _re..:: /,,,'-""uO<..'l ~"'--..,((L_cq;::;.;;..,<..:.... ___ _ (;;;;;txhn · Portmann, Chairperson Q 0 6/19/96 14:49:51 XO/HSJOLIE OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION OtJ:er Tail County Warrants June, 18, 1996 Page 1, Attachment A IRD440 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 6/18/96 FOR PAYMENT 6/18/96 VENDOR NAME A-1 LOCK AND KEY ACME ELECTRIC JOANN ADAMCZYK AL'S STOP & SHOP INC. ALEXANDRIA TECHNICAL COLLEGE ALTERNATIVE MICROGRAPHICS INC. AMERICAN LEGION POST #30 AMOCO OIL COMPANY ANDERSON LAND SURVEYING INC. ARCHIE'S ASSOCIATION OF MN COUNTIES AUTO GLASS SPECIALISTS INC. AUTO SAFETY SERVICE BRIAN BAKKE BATTLE LAKE AUTO PARTS BATTLE LAKE FARMERS UNION OIL- BATTLE LAKE STANDARD BENCHMARKS EDUCATIONAL BEST INC. BEST INC. BEST WESTERN DROVER'S INN BEYER BODY SHOP BIG A AUTO PARTS BJ'S EAST BRANDON COMMUNICATIONS BRAUN INTERTEC CORPORATION BURELBACK AMERICAN LEGION BUSETH TUSOW AMERICAN LEGION BUSINESS & LEGAL REPORTS INC. BUSINESS RECORDS CORPORATION BUSINESS RECORDS CORPORATION C.I. CONSTRUCTION CAROL'S HOUSE OF FLOWERS CARQUEST AUTO PARTS CARR'S LAKE COUNTRY SUPERMKT CASH N'DASH CATCO CBM BOOKS CENEX SUPPLY & MARKETING INC. CENTRAL SALES INC. CENTRAL STATES WIRE PRODUCTS DENNIS CHRISTENSON CO-OP SERVICES INC. COAST TO COAST-P COMMERCIAL DOOR SYSTEMS INC. COMMISSIONER OF TRANSPORTATION COMPUTERVISION CORPORATION COMPUTERWORLD COOPER'S OFFICE SUPPLY INC. COPY EQUIPMENT INC. AMOUNT 85.38 343.89 71.36 190.34 187.60 184.09 100.00 83.56 6,612.50 154.13 40.00 892.49 392.58 448.00 266.44 377.19 222.77 100.00 4,879.60 28.00 69.12 85.20 68.92 141.28 390.00 1,765.00 100.00 100.00 162.70 146.93 5,474.10 9,224.00 41.19 69.07 187.80 440.73 21.28 49.57 61.20 5. 39 924.42 594.00 593.74 99.13 1,125.00 2,912.49 2,293.02 39.00 2,781.01 260.02 Q 0 6/19/96 14:49:51 XO/HSJOLIE OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June, 18; 1996 Page 2, Attachment A IRD440 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 6/18/96 FOR PAYMENT 6/18/96 VENDOR NAME CRANE JOHNSON CO. INC. DACOTAH PAPER COMPANY THE DAILY JOURNAL DAKOTA ELEVATOR DALTON MOBIL & BAIT DAY-TIMERS INC. DCA INC. DEAD LAKE TOWNSHIP DENNY'S CONOCO DENT EQUITY.MILL INC. DENT OASIS INC. DEPT OF NATURAL RESOURCES DISABLED AMERICAN VETERANS DIVERSION AUTO DON'S SERVICE DOYLE INCORPORATED DUNWOODY INSTITUTE ECOLAB INC. ECONO SALES AND SERVICE EMBLEM ENTERPRISES INC ERHARD GAS & GROCERY EVERTS LUMBER CO. FALLS AUTOMOTIVE INC. FARGO FREIGHTLINER FARNAM TIRE CENTER FARNAM'S GENUINE PARTS INC. FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS INTERNATIONAL INC. FERGUS TIRE CENTER FERRELLGAS FISH LAKE SMALL ENGINE FLAMENT-ULMAN INC. FLOOR TO CEILING STORE ALAN FRANK GENE'S STANDARD SERVICE GEOTRONICS OF NORTH AMERICA GERALD N. EVENSON INC. GILMORE-WEIK VFW POST #5252 GOODIN COMPANY GOVERNMENT FINANCE OFFICERS GRAINGER INC. GULBRANSON EQUIPMENT HAIMERL AMERICAN LEGION HALL GMC INC. HAROLD T. SWENSON VFW POST 612 HEART O'LAKES VFW POST #7702 HEDAHLS INC. OF FERGUS FALLS HEISLER COUNTRY STORE HENNING ADVOCATE AMOUNT 1.28 214.72 2,482.62 82.80 225.18 21.90 778.25 120.00 239.64 7.28 33.40 2,319.00 100.00 19.79 151. 76 291.82 125.00 287.79 56.80 254.57 244.07 9.27 30.34 49.74 12.00 806.94 2,328.62 44.00 530.52 49.33 293.94 26.65 775.32 132.75 27.30 610.85 209.65 86.47 100.00 45.71 50.00 265.92 190.11 100.00 306.81 100.00 100.00 52.51 26.78 208.60 u 6/19/96 14:49:51 XO/HSJOLIE OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June, 18,1996 Page 3, Attachment A IRD440 COUNTY 56 PAGE 3 WARRANTS APPROVED ON 6/18/96 FOR PAYMENT 6/18/96 VENDOR NAME HENNING AUTO PARTS INC. HENNING TRUSTWORTHY HARDWARE HOLIDAY HOMESTEAD BUILDING SUPPLIES HOMESTEAD BUILDING SUPPLIES HORVICK MANUFACTURING COMPANY CHARLES HOYT IBM CORPORATION INDIANHEAD SPECIALTY INTERSTATE ENGINEERING INC. INTERSTATE INC. DAVE JACOBSON JIM BORTNEM ENTERPRISES JIM'S SERVICE K.I.D. LEASING KELLY SERVICES INC. KERN & TABERY INC. KMRS AM KRIDER EQUIPMENT CO. INC. LAGERQUIST CORPORATION LAKE REGION HOSPITAL LAKES COUNTRY SERVICE EDWARD T. & GRACE M. LANGLIE LARRY OTT INC. TRUCK SERVICE PATTY LARUM CHARLIE LAW LAWSON PRODUCTS INC. LOCATORS & SUPPLIES M-R SIGN CO. MARK SAND & GRAVEL CO. MATHISON COMPANY MCMASTER-CARR SUPPLY COMPANY MEDICINE SHOPPE MEYER'S SERVICE STATION MIDWEST PRINTING MILLER & HOLMES INC. MILLER'S BOBCAT MINN-KOTA COMMUNICATIONS INC. MINN-KOTA MIDRANGE USER GROUP MN BLUEPRINT MN COUNTIES INSURANCE TRUST MN COUNTIES INSURANCE TRUST MN METALWORKS INC. MN MOTOR COMPANY MN SAFETY COUNCIL MN WEIGHTS AND MEASURES ROBERT MOE MORRIS SEALCOAT & TRUCKING INC MURPHY OIL INC. NAPA AUTO PARTS AMOUNT 28.91 30.47 1,728.59 191.19 44.41 85.15 290.25 143.21 57.26 10,312.87 130.45 48. 00 60.00 231.60 264.13 1,531.88 130,395.05 72.00 109.04 246.60 97.20 956.01 177.60 750.00 185.71 612.00 65.09 400.15 2,036.70 440.90 207.48 62.60 559.57 79.24 37.28 747.76 133.12 123.11 7.00 229.97 7.00 7.00 1,028.80 2,470.33 20.00 480.00 22.06 6,502.50 8,029.92 72.29 u 6/19/96 14:49:51 XO/HSJOLIE OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June, 18,.1996 Page 4, Attachment A IRD440 COUNTY 56 PAGE 4 WARRANTS APPROVED ON 6/18/96 FOR PAYMENT 6/18/96 VENDOR NAME NATIONAL BUSHING & PARTS CO. JACK & JANICE NEIGEL NELSON BROTHERS PRINTING NELSON FORD DEAN NELSON GARY A. NELSON NEW YORK MILLS HERALD NORTH STAR CARTRIDGE NORTH STAR MECHANICAL INC. NORTH UNION TEXACO NORTH UNION TOWING NORTHWEST DIVERS OLSON OIL CO. OLSON-STITZEL AMERICAN LEGION OTTER TAIL CO DEPARTMENT OF OTTER TAIL CO EMPLOYEES OTTER VFW POST 874 OTTERTAIL AGGREGATE OTTERTAIL HOME CENTER & OVERHEAD DOOR COMPANY PAMIDA INC. PARK REGION MUTUAL TELEPHONE PAUL PUTNAM AMERICAN LEGION PAUL'S HOLIDAY STATION STORE PAUL'S HOLIDAY STATION STORE PELICAN RAPIDS PRESS PELICAN WELDING & FABRICATION PERHAM CO-OP CREAMERY PERHAM ENTERPRISE BULLETIN PERHAM FARM SUPPLY PERHAM STEEL PERHAM SUPER AMERICA PAUL PFEFFER THE PHOTO CENTER THE PIERCE CO. PINE PLAZA TV & APPLIANCE POPE CO SANITATION INC. PRAIRIE AUTO SERVICE -NAPA PRAIRIE LUMBER & TRUSTWORTHY RICK'S TIRE SERVICE RINGDAHL AMBULANCE SERVICE ROTHSAY STORE FRONT ROYAL TIRE ROYALE COMTRONICS RUTTGERS SANIFILL INC. SAUNDERS HARDWARE INC. RAY & VICKI SCHROCK SCHWAAB INC. SCOTT HOFLAND CONSTRUCTION INC AMOUNT 173.64 798.20 313.51 657.74 6.30 82.26 175.80 318.17 742.77 641.86 53. 25 142.17 408.82 100.00 700.00 28.05 100.00 123.54 72.43 150.28 262.41 1,148.11 100.00 143.38 56.82 150.50 57.00 1,035.20 102.00 173.59 201.70 762.44 150.00 151.08 79.32 44.69 394.20 24.19 39.60 50.00 90.00 12.56 3,295.41 13.79 352.74 12,651.08 14.90 183.75 315.71 3,500.00 a 0 6/19/96 14:49:51 **** OTTER TAIL COUNTY AUDITOR XO/HSJOLIE RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June, 18, 1996 Page 5, Attachment A IRD440 COUNTY 56 PAGE 5 WARRANTS APPROVED ON 6/18/96 FOR PAYMENT 6/18/96 VENDOR NAME SERVICE FOOD SUPERVALU SEWER SERVICE SHERATON INN MIDWAY SHERBROOKE SODDING CO, SMITH & NEPHEW ROLYAN INC. SOUTH MILL SERVICE SOUTHAM BUSINESS COMM. SP INDUSTRIES INC. SPATIAL MANAGEMENT GROUP INC. WAYNE STEIN STEIN'S INC. STENERSON LUMBER TINA STENGRIM STINAR-STURDEVANT-STOLZ STOP-N-GO STORES INC. STORAGE SPECIALISTS INC. STREICHER'S SUPER TRUCK SALES INC. SWANSTON EQUIPMENT CORP. JEFFREY THOMPSON TODD CO TREASURER TOWN & COUNTRY BUSINESS TROPHY HOUSE UNDERWOOD OIL INC. UNITED BUILDING CENTERS LORI VANWECHEL VERGAS ACE HARDWARE" VICTOR LUNDEEN COMPANY VOSS LIGHTING WAL-MART WELDING SUPPLIES & FIRE WILM'S AMOCO HARLEY WINDELS YOUNGS FINAL TOTAL ...... . AMOUNT 21. 41 1,476.50 64.41 271.58 442.17 1,020.65 834.30 165.00 487.50 177.07 911.48 558.15 40.38 100.00 589.02 267,125.00 2,160.97 31,57 417,87 33.90 1,662,50 26.56 22.24 45.35 10.41 70.76 54.13 1,370.46 174.32 371.11 630.43 110,67 92.88 43.30 $547,021.49 ****