HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/28/1985call to order
All present
otter Tail lakes
Area Sewer District
otter Tail CountJ:y
Tourism
Phelps Mill
Minutes approved
OEDP Committee
Jail Facility Bonds
MINUTES OF THE ADJOURNED MEETING
OF THE
BOARD OF COUNTY COMMISSIONERS
OITER TAIL COUNTY MINNESITTA
October 28, 1985
Pursuant to adjourrnnent, the Board of County Commissioners of otter
Tail Cotmty Minnesota met .M:mday, October 28th, with all rrembers
present. Chainnan Nordgren called the meeting to order at 2:00 p.m.
Members of the otter Tail Lakes Area Sewer District Commission~~·= -
together with their attorney, Charles Krekelberg, appeared before the
Board, to discuss selection of Sewer District Comnissioners. Attorney
Krekelberg informed the County Board the by-laws of the district call
for a selection process of notifying all persons within the district
that a vacancy occurs, soliciting names of those persons wishing to
serve on the sewer district comnission, after which a mail vote is
to be conducted of all the members of the district frorn those indi-
cating a desire to be on the commission. The results are then to be
submitted to the County Board for formal appointment to the corw.ri.ssion.
Other methods of rrember selection were discussed with no formal action
taken.
Don Gladson, President of the otter Tail Cotmtry Tourism, appeared be-
fore the Board requesting funds for the year 1986. Motion was made by
Bert Hovland, seconded by Sydney Nelson and carried tmanim:>usly, to
appropriate the stnTI of $2,400 for:iOt.ter Tail Country Tourism.
A second letter from Robert M. Jacobson relative to traffic accidents
that have occurred at the Phelps Mill Store location, requesting action
be taken to make the corner safer, such as stop signs, etc. • Motion
was made by Bert Hovland, seconded by Melo. Olson and unanirrously
carried, to refer the correspondence to Dennis Berend, Cotmty Engineer.
Motion was made by Mel O. Olson, seconded by Bert Hovland and unani-
mously carried, to approve the minutes of the meeting of October
23, 1985.
Iarry Krohn, Cotmty Coordinator,·discussed with the Board membership
of the O. E ~D. P. Committee selection by the Cotmty Board. No formal
action taken.
Representatives of the finn of Financial _Consultants, Inc., appeared
before the Board relative to the bond issued for the jail facility
construction. After consideration, Commissioners Mel O. Olson intro-
duced the following written resolution and rroved its adoption:
A RESOLUTION PROVIDING FOR THE FINANCING OF
JAIL FACILITIES; AUTHORIZlliG EXECUTION AND DELIVERY
OF BOND PUOCHASE AGREEMENT, JAIL LEASE AND JAIL SUBLEA.SE
AGREEMENT; APPROVING TRUST INDENTURE AND lEVYING TAXES
FOR PAYMENT OF BASIC RENT UNDER SUBLEASE
BE IT RESOLVED by the Board of Canmissioners of otter Tail County,
Minnesota (the "County"), as follows:
1. Authority. The Cotmty is authorized pursuant to Section
641.24, Minnesota Statutes, to enter into a lease with the City of
Fergus Falls (the "City"), a hane-rule city within the Cotmty, whereby
the City will construct a county jail in accordance with plans approved
by the Comnissioner of Corrections of the State of Minnesota and fin-
ance it by the issuance of revenue bonds tmder Chapter 474. Minnesota
Statues, and the Cotmty will lease the jail site and irrproverrents for
a tenn and upon rentals sufficient to purchase revenue for the pranpt
payment of the bond and all interest accuring thereon, and, upon com-
pletion of payment, will acquire title thereto.
Co1.Il1ty Board -2 -October 28, 1985
2. Authorization of Bonds; ·IJocurrents Presented. 'Ihe City
proposes to issue on behalf of the County is $4,050,000 County Jail
Revenue Bonds (Otter Tail Co1.Il1ty Unlimited Tax I.ease Obligation),
Series 1985 (the "Bonds") to finance the county jail facilities ap-
proved by the County in accordance with plans and specifications
approved by the Commissioner of Corrections (the "Project"). Fo:rrrs
of the following documents relating to the Bonds and the Project have
been sul:xnitted to the Board of Commissioners and are now on file in
the office of the County Auditor:
(a) Jail I.ease (the "Lease") dated as of October 1, 1985, be-
tween the County and the City whereby the County.leases its interest
in the Project to the City;
(b) Jail Sublease Acrreernent (the 1~Sublease") dated as of Octo-
ber 1, 1985 between the City and the County providing for construction
of the Project and subleasing the Project back.to the County under tenns
requiring the Co1.Il1ty to pay Basic Fent sufficient to pay principal and
interest or the Bonds when due;
(c) Trust Indenture (the "Indenture") dated as of October 1,
1985 between the City and National City Bank of Minneap::,lis, as Trustee,
setting forth,the te:rrns of the Bonds and pledging the Basic Rent de-
rived from the Sublease to the payment of the Bonds; and
(d) Bond Purchase Agreement (the "Bond Purchase Agreement")
dated October 28, 1985 am:mg Dougherty, Dawkins, Strand & Yost Inoor-
p::,rated (the "Unde:rwriter11), the City and the County, describing the
terms under which the Underwriter has agreed to Purchase the Bonds.
3. Approval · and Execution of I.ease and Sublease. 'Ihe Chairman
of the Board of Carmnissioners (the 11Chainnan") and the County Auditor
are hereby authorized and directed to execute, attest and deliver the
I.ease and the Sublease. All of the provisions of i;:he I.ease and the
Sublease, when executed and delivered as ,a1Jth6rized· _herein,: shalLbe
deemed to be a part of this resolution as fully and to the same extent
as if inc9q:iorated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. 'Ihe I.ease and
the Sublease shall be substantially in the forms on file with the
County with such necessary and ai;propriate variations, omissions and
insertions as permitted or required, or as the Chairman, in his dis-
cretion, shall detennine, and the execution thereof by the Chairman and
County Auditor shall be cxmclusive evidence of such detennination.
4. Approval and Execution of Bond Purchase ·Agreement. 'Ihe
Chai:rman arid the.County Auditor are hereby authorized and directed to
accept and confinn the Borid Purchase Agreement. All of the provisions
of the Bond Purchase AGreernent, when accepted and confinned as author-
ized herein, shall be deemed to be a part of this resolution as fully
and to the same extent c:lS if incorporated verbatim herein and shall be
in full force and effect from the date. of execution and delivery thereof.
'Ihe Bond Purchase AGreement shall be substantially in the fonn on file
with the County with such necessary and appropriate variations, omis-
sions and insertions as permitted or required, or as the Chairman, in
his discretion, shall determine, and the execution thereof by the Chair-
man and County Auditor shall be conclusive evidence of such determina-
tion.
5. Aporoval of Official Statement. 'Ihe County hereby approves
the fonn of the Preliminary Official Statement annexed hereto and
hereby ratifies and confinns its use and distribution by the Under-
writer, in connection withthe sale of the Bonds and hereby approves
the use of the final Official Statement by the Underwriter in con-
nection with the sale of the Bonds
6. Approval oi! Indenture. The County hereby approves the
fonn of the Indentureand the tenns of the Bonds described therein.
County Board -3 -. October 28, 1985
7. Tax Levy. In order to provide m:mies for the payment of
the Basic Pent due pursuant to the SUblease, there is hereby levied
upon all of the taxable property in the County a direct annual ad
valorem tax which shall be spread upon the tax rolls and collected
with and as part of, other general property taxes in the County for
the year and in the arrounts as follows:
Levy Year Collection Year Amount Levied
19.85 1986 $479,500
1986 1987 538,100
1987 1988 536,600
1988 1989 539,100
1989 1990 540,000
1990 1991 539,200
1991 1992 536,700
1992 1993 537,700
1993 1994 515,600
1994 1995 560,900
1995 1996 552,300
1996 1997 520,000
1997 1998 539,900
1998 1999 538,900
1999 2000 539,200
Said tax levies are such that if collected in full they will
produce at least five percent (5%) in eycess of the amount needed to
meet when due the Basic Pent payrrents under-the Sublease. Said tax
levies shall be irrevocable until expiration of the tenn of the Sub-
lease; provided that such levies may be cancelled or reduced provided
the County has sufficient monies on hand with which to pay rental pay-
ments due pursuant to the Sublease.
The taxing powers of the County shall be and are hereby irre-
vocably pledged for the prompt and full payrrent of the Basic Rent pay-
ments under the. Sublease, as the same respectively become due and pay-
able.
8. Registration Certificate. The County Coordinator is hereby
authorized and directed to file a certified copy of this resolution
with. the County Auditor, together with such other information as each
shall reqi.rire, and to obtain from the County Auditor her certificate
that the Sublease has been entered in such Auditor's Bond Register.
9. Confir:mation of Levies. The County shall annually, in .
each of the years 1985 through 1999, confinn the arrount of the levy
to be spread upon the tax rolls. for that year.
10. · Authorized County Representative. The County Auditor is
hereby designated and authorized to act on behalf of the County as
the Authorized County Representative, as defined in the Sublease.
11. Effective Date. This resolution shall be in full force and
effect from and after its_ passage.!
The notion for the adoption of the foregoing resolution was
duly seconded by Cammi.ssioner Bert Hovland and upon vote being taken
thereon the followir1:1.,voted in favor thereof:
Corrmissioners, Nordgren, Hovland and Olson
and the following voted against the same:
Commissioner Nelson
Absent: Ccmnissioner Llndquist
Whereupon said resolution was declared.duly passed and adopted.
I
Adjourrurent
County Board -4 -October 28, 1985
With no further business,. at 4 :50 p.m., Chain'nan Nordgren declared
the rreeting adjourned until the afternoon of November 1, 1985.
Approved -,-'.'--'//"'"'. ----'-/_-_f_-6_-_· _
ATI'EST:
Clerk