CITY OF HAWARDEN REGULAR CITY COUNCIL MEETING AGENDA
Hawarden City Hall – Council Chambers Room Wednesday, December 14, 2016 at 5:30 p.m.
Standard Agenda Items
1a. Approval of November 9, 2016 Council Meeting Minutes. 1b. Approval of December 14, 2016 Claims for Payment 1c. Open business from the Community (limited to a maximum of 5 minutes per item). 2a. Mayor’s Report 2b. Council Comments 2c. Staff Reports/Discussion
Other Agenda Items
3. Hospital Project Update – Jayson Pullman 4. Approval of Reserve Officer Alex Waagmeester to carry weapons
5. Resolution 2016-28 A Resolution of support for voluntary pledge of funds to the Sioux County
Conservation Foundation request for assistance on construction of a Nature Center located at
Oak Grove County Park
6. Resolution 2016-29 Proposing to Vacate Alley and Dispose of Real Property and Publishing a
Notice of Public Hearing
7. Discussion of potential sale of city-owned lot located at 1425 Falcon Drive
8. Approval of 3-year Ag Land Lease
9. Approving Resolution 2016-30, one of two USDA direct loan closing resolutions for the
permanent financing for the Hawarden Regional Healthcare Project and approving related
documents
10, Approving Resolution 2016-31, one of two USDA direct loan closing resolutions for the
permanent financing for the Hawarden Regional Healthcare Project and approving related
documents
11. Approval of final Closeout documents on Phase 2 Electric Distribution Improvements
12. Appoint Representative and Alternate for the NWI Landfill Board
13. Approval of FY2016 Financial Report
14. Review FY2018 Budget Review schedule
UNAPPROVED MINUTES REGULAR CITY COUNCIL MEETING
HAWARDEN CITY HALL - COUNCIL CHAMBERS ROOM
Wednesday, November 9, 2016 at 5:30 p.m.
The Council Meeting was called to order at 5:30 p.m.
Present: Mayor Pro Tem Olson; Council Members: Kurth, Feldhacker, Allen, Harvey.
Absent: Mayor Porter
Staff Present: Gary Tucker, City Administrator/City Clerk; Tom Kane, Public Works Director; Pam
Wakeman, Finance Officer; Mike DeBruin, Chief of Police; Jim Pickner, City Attorney.
Staff Absent: None
Standard Agenda Items
1a. Approval of October 26, 2016 Regular Council Meeting Minutes. Moved by Allen/Kurth to approve October 26, 2016 Regular Council Meeting Minutes. Motion carried 5-0. 1b. Approval of Claims for payment. Moved by Kurth/Feldhacker to approve the Claims for Payment. Motion carried 3-1 with Olson abstaining and Harvey voting no. 1c. Open Business from the Community was held. 2a. No Mayor’s Report was given. 2b. Council Comments were given. Moved by Kurth/Feldhacker to remove Item 9 on the agenda & table it until budget time. Motion carried 5-0. 2c. Staff Reports were given. Other Agenda Items Item 3. Hospital Project Update was given. Jayson Pullman was unavailable for this meeting.
Item 4. Resolution 2016-24 Obligating funds from the Urban Renewal Tax Revenue Fund for
appropriation to the payment of annual appropriation tax increment financed obligations to
Bomgaars which shall come due in the next succeeding fiscal year. Moved by Kurth/Feldhacker to approve. Aye: Allen, Feldhacker, Kurth, Olson. Nay: Harvey.
Motion carried 4-1.
Item 5. Resolution 2016-25 Obligating funds from the Urban Renewal Tax Revenue Fund for
appropriation to the payment of annual appropriation tax increment financed obligations to
Coilcraft which shall come due in the next succeeding fiscal year.
Moved by Harvey/Kurth to approve. Aye: Harvey, Olson, Feldhacker, Allen, Kurth. Nay: None.
Motion carried 5-0.
Item 6. Resolution 2016-26 authorizing internal advance to tax increment revenue fund from TIF
A and A Amendment for Infrastructure debt.
Moved by Kurth/Allen to approve. Aye: Feldhacker, Kurth, Allen, Harvey, Olson. Nay: None.
Motion carried 5-0.
Item 7. Resolution 2016-27 authorizing internal advance to tax increment revenue fund from TIF
D for Infrastructure debt.
Moved by Feldhacker/Kurth to approve. Aye: Kurth, Harvey, Olson, Feldhacker, Allen. Nay: None.
Motion carried 5-0.
Item 8. Sunday Ford and the Sioux County Conservation Foundation request for funding
assistance on Nature Center located at Oak Grove.
Sunday was present, along with Gordon & Rob. Moved by Kurth/Olson for council to come back with a
resolution if council would like to proceed with a donation. Motion carried 5-0.
The next regular City Council Meeting will be Wednesday, December 14, 2016 and will be the only
meeting in December, 2016.
Moved by Kurth/Feldhacker to adjourn the meeting. Motion carried 5-0.
Meeting adjourned at 5:42 p.m.
________________________________
Travis Olson, Mayor Pro Tem
ATTEST:
______________________________________ Gary W. Tucker, City Administrator/City Clerk
CITY OF HAWARDEN
COUNCIL MEETING
NOVEMBER 23, 2016
CLAIMS REPORT
CHECK NO VENDOR REFERENCE AMOUNT
ACH CITY OF HAWARDEN PAYROLL $73,183.94
11140382 PAYROLL ACCT CITY 720 EXCISE TAX $510.51
11140383 BANKERS TRUST BOND PAYMENTS $105,468.75
11140384 CLAYTON ENERGY GAS PURCHASE $16,447.96
11140385 MISSOURI RIVER ENERGY SVCS ELECTRIC PURCHASE $67,586.39
11140386 TREASURER STATE OF IOWA SALES TAX $1,882.00
11140387 TREASURER STATE OF IOWA SALES TAX $9,308.00
48633 IOWA DNR LAB CERTIFICATION $400.00
48634 DISABLED VETS AT WORK TV DISPOSAL $820.00
48635 HOLIDAY INN DES MOINES IEMSA CONF $443.52
48636 IEMSA CONFERENCE/TRADE SHOW $840.00
48637 ACCESS SYSTEMS COPIER INSTALL $55.00
48638 COOPERATIVE FARMERS ELEVATOR SUPPLIES $941.25
48639 CULLIGAN WATER CONDITIONING SUPPLIES $57.00
48640 FASTENAL COMPANY SUPPLIES $32.01
48641 HAWKINS INC CHEMICALS $1,919.07
48642 MANGOLD ENVIRONMENTAL LAB FEES $640.00
48643 POWERPLAN VEHICLE MAINTENANCE $145.81
48645 SUNSHINE FOODS SUPPLIES $1,388.12
48646 VERIZON CELL SVC $229.98
48647 LEGACY CARPET SERVICE CARPET CLEANING $2,230.12
48648 AIRGAS USA LLC CYLINDER RENT $47.86
48649 APGA SIF SHRIMP FEE $395.00
48650 AUREON NETWORK SERVICES CALEA FEES $109.28
48651 BERENS-TATE CONSULTING GROUP EL REV REFUNDING BOND $2,250.00
48652 PATRICK BIRGESS TRAVEL EXP $73.48
48653 BORDER STATES ELEC SUPPLY SUPPLIES $1,451.10
48654 BOB BREWINGTON REBATE FURNACE $325.00
48655 CURT BRONKHORST REBATE FURNACE $575.00
48656 BSG CLEARING SOLUTIONS BILLING/COLLECTION FEE $10.00
48657 CATHY BUSHBY TRAVEL/TRAINING IEMSA $102.33
48658 CATALYST SOLUTIONS SERVICES $8,183.00
48659 CITY OF HAWARDEN PROJECT SHARE DISTRIBUTION $300.00
48660 DGR ENGINEERING ENGR SERVICES $1,784.00
48661 DORSEY & WHITNEY LLP EL REFUNDING BOND $24,500.00
48662 EF RECOVERY SERVICES $135.88
48663 ERICSON AUTO BODY VEHICLE MAINTENANCE $45.00
48664 FASTENAL COMPANY SUPPLIES $18.58
48665 FERGUSON WATERWORKS #2516 SUPPLIES $469.12
48666 GROEBNER SUPPLIES $2,292.32
48667 HAWARDEN REGIONAL HEALTHCARE SERVICES $32.00
CLAIMS REPORT
CHECK NO VENDOR REFERENCE AMOUNT
48668 HAWARDEN REGIONAL HEALTHCARE LOST TRUE-UP $31,456.50
48669 HAWARDEN CHAMBER AND LONGEVITY PAY 2016 $2,040.00
48670 IOWA INFORMATION INC ADVERTISING $75.00
48671 IOWA RURAL WATER ASSOCIATION MEMBERSHIP DUES $275.00
48672 JACKS UNIFORMS & EQUIPMENT UNIFORM $381.15
48673 MARLIN JANSSEN REBATE FURNACE $325.00
48674 JEFFS RADIATOR & REPAIRS VEHICLE MAINTENANCE $549.90
48675 KSOU-AM & FM KIHK-FM ADVERTISING $90.00
48676 LANGEL'S PLUMBING & HEATING BACKFLOW TESTS $475.00
48677 L.G. EVERIST INC SUPPLIES $312.51
48678 LONG LINES LONG DISTANCE $15,560.78
48679 MAI WELDING SUPPLY LTD SUPPLIES $340.00
48680 MIDWEST ALARM COMPANY INC MONITORING/800 # $84.75
48681 MUELLER CO SUPPLIES $1,907.60
48683 MUNICIPAL UTILITIES UTILITIES $6,699.04
48684 NORTHWEST IOWA COMM COLLEGE SPONSORSHIP $35.00
48685 NORTHSIDE BODY SHOP VEHICLE MAINTENANCE $173.41
48686 ONE OFFICE SOLUTION SUPPLIES $128.96
48687 PICKNER LAW OFFICE PC LEGAL FEES $700.00
48688 SHELL FUEL $1,869.38
48689 QUILL CORPORATION SUPPLIES $51.24
48690 R & R METAL DESIGNS SUPPLIES $320.00
48691 BECKY REEKERS TRAVEL/TRAINING IEMSA $89.09
48692 ROVI GUIDES INC TV PROGRAMMING COST $540.90
48693 SECRETARY OF STATE NOTARY APPLICATIONS $90.00
48694 SKARSHAUG TESTING LABORATORY CLEAN/TESTING HOT STICK $604.12
48695 SMITH ELECTRIC SERVICES $34.00
48696 SUBSCRIBER TECHNOLOGIES INC TV PROGRAMMING COST $200.00
48697 TOWER DISTRIBUTION COMPANY TV PROGRAMMING COST $140.04
48698 TRUESDELL OIL INC FUEL $959.02
48699 UNITYPOINT CLINIC TESTING $37.00
48700 UNITED PARCEL SERVICE SHIPPING $26.66
48701 VAN HOLLAND LAWN SERVICE LTD SUPPLIES $3,760.00
48702 VANDE BERG SCALES TESTING LAB SCALE $100.00
48703 TRAVIS WATERMAN REBATE FURNACE $325.00
48704 WELLS FARGO VENDOR FIN SERV COPIER LEASE $233.86
48705 WESCO RECEIVABLES CORP SUPPLIES $232.70
48706 JUNIOR-SENIOR PROM COMMITTEE DONATION $100.00
48707 COLLIN WIGGINS RENT FARM GROUND $183.50
***** REPORT TOTAL ***** $399,134.49
CITY OF HAWARDEN
COUNCIL MEETING
DECEMBER 14, 2016
CHECK NO VENDOR REFERENCE AMOUNT
ACH CITY OF HAWARDEN PAYROLL 102,267.29$
11140388 PAYROLL ACCT CITY 720 EXCISE TAX 484.91$
11140389 TREASURER STATE OF IOWA SALES TAX 1,947.00$
11140390 CLAYTON ENERGY GAS PURCHASE 12,708.10$
48709 US POSTAL SERVICE PHONE BOOK MAILING 268.27$
48710 BOMGAARS SUPPLIES 1,241.20$
48711 CENTRAL PARTS & SUPPLY SEAT COVER 175.50$
48712 FASTENAL COMPANY SCREWS 68.84$
48713 FIRST STATE BANK LOAN PYMTS 117,075.42$
48714 GRAYBAR SUPPLIES 698.98$
48715 HAWARDEN FIRE & RESCUE FIRE FEES 10,620.00$
48716 HEARTLAND TELECOMM CO OF IA SERVICE 20.87$
48717 NATIONAL CABLE TELEVISION TV PROGRAMMING COST 22,443.02$
48718 NORTH WEST REC POWER FOR WELLS 27.00$
48719 RECREATION SUPPLY COMPANY SUPPLIES 342.00$
48720 SCHOENEMAN BROS CO SUPPLIES 220.18$
48721 SCHOON CONSTRUCTION CO BORING 14,287.00$
48722 USA BLUEBOOK SUPPLIES 949.57$
48723 USAC FEES 1,478.92$
48724 VISA TRAVEL,TRAINING,SUPPLIES 327.97$
48725 VISA SUPPLIES 314.40$
48726 DATA TECHNOLOGIES INC LICENSE/SUPPORT 6,024.23$
48727 AD-VERTISER PUBLISHING 439.75$
48728 AGENCY ONE SERVICES HELIPAD INS 1,717.00$
48729 AIRGAS USA LLC CYLINDER RENT 46.32$
48730 ALPHA WIRELESS RADIOS 2,332.00$
48731 ARTISAN PRESS PHONE BOOKS 5,228.36$
48732 AUREON NETWORK SERVICES TRANSIT TRAFFIC 8.61$
48733 BTN TV PROGRAMMING COST 1,348.05$
48734 BOUND TREE MEDICAL LLC SUPPLIES 53.00$
48735 BOYER MACHINE INC SERVICES 222.46$
48736 CASEYS GENERAL STORE INC FUEL 2,157.08$
48737 CATALYST SOLUTIONS SERVICES 890.00$
48738 CENTURY BUSINESS PRODUCTS INC SVC AGREEMENT 135.51$
48739 CITY OF HAWARDEN REFUND 72.93$
48740 CLIA LABORATORY PROGRAM CERT RENEWAL 150.00$
48741 CO-OP GAS AND OIL CO TIRES 2,024.84$
48742 CONSORTIA CONSULTING SERVICES 942.50$
48743 CULLIGAN WATER CONDITIONING SUPPLIES 60.44$
48744 DATA TECHNOLOGIES INC TRAINING 2,521.50$
48745 ERICSON AUTO BODY TIRE REPAIR 75.00$
48746 ERICSON OIL LC FUEL 914.63$
48747 FERGUSON WATERWORKS #2516 SUPPLIES 759.50$
48748 FLOWERS BY JAN REBATE 762.91$
CHECK NO VENDOR REFERENCE AMOUNT
48749 GAS PRODUCTS SALES INC REGULATORS 288.54$
48750 GOODLAND PUMP & SUPPLY CO WELL WORK 9,227.48$
48751 HAWARDEN REGIONAL HEALTHCARE LOCAL OPTION SALES TAX 28,687.31$
48752 HAWARDEN SENIOR CITIZEN CENTER RENT 250.00$
48753 HITEC PHONE SERVICE 829.57$
48754 IOWA DOT SIGN 60.03$
48755 IOWA INFORMATION INC ADVERTISING 382.45$
48756 IOWA POLICE CHIEFS ASSOCIATION DUES 75.00$
48757 IRETON BODY SHOP SERVICE 60.00$
48758 JACKS UNIFORMS & EQUIPMENT UNIFORMS 149.85$
48759 JEFFS RADIATOR & REPAIRS SERVICE 1,052.39$
48760 TERRI KALLSEN SUPPLIES REIMBURsem*nT 152.97$
48761 KRIZ-DAVIS COMPANY SUPPLIES 10,302.18$
48762 KTIV RETRANSMISSION 1,800.82$
48763 L.G. EVERIST INC CRUSHED QUARTZITE 1,549.41$
48764 LIN TELEVISION CORPORATION RETRANSMISSION 2,102.10$
48765 LONG LINES LONG DISTANCE 1,378.28$
48766 MAI WELDING SUPPLY LTD TOOLS 258.50$
48767 MIDWEST ALARM COMPANY INC SERVICE 81.00$
48768 MUELLER CO REPAIR 137.69$
48769 MUNICIPAL UTILITIES UTILITIES 715.82$
48770 CRYSTAL NEWMAN UTILITY REFUND 5.00$
48771 ONE OFFICE SOLUTION SUPPLIES 99.92$
48772 PROFESSIONAL DEVELOPERS OF IA MEMBERSHIP DUES 335.00$
48773 PHILADELPHIA INDEMNITY INS CO INS REFUND 5.00$
48774 PHYSICIANS CLAIMS COMPANY AMB BILLING 2,159.44$
48775 PICKNER LAW OFFICE PC LEGAL FEES 700.00$
48776 POWERPLAN SUPPLIES 704.52$
48777 PREMIER COMMUNICATIONS T1 SERVICE 423.34$
48778 SHELL FUEL 347.55$
48779 ROVI GUIDES INC TV PROGRAMMING COST 557.13$
48780 SHEEHAN MACK SALES SUPPLIES 1,063.54$
48781 SHOWTIME NETWORK INC TV PROGRAMMING COST 287.00$
48782 SINCLAIR BROADCAST GROUP RETRANSMISSION 3,222.52$
48783 SIOUX COUNTY AUDITOR E911 CHGS 2,096.81$
48784 SIOUXLAND DISTRICT HEALTH DEPT LAB FEES 62.00$
48785 SIOUXLAND OUTDOOR POWER CO SUPPLIES 518.76$
48786 SMITH ELECTRIC SERVICES 737.52$
48787 SUNSHINE FOODS SUPPLIES 193.10$
48788 TOTALFUNDS BY HASLER POSTAGE 4,000.00$
48789 TOWER DISTRIBUTION COMPANY TV PROGRAMMING COST 132.68$
48790 TRAVEL FUND TRAVEL,SUPPLIES 952.77$
48791 UNITED PARCEL SERVICE SHIPPING 73.12$
48792 VAN HOLLAND LAWN SERVICE LTD SUPPLIES 3,920.00$
48793 VERIZON CELL SVC 229.98$
TOTAL 399,221.15$
MONTH YEAR
ELECTRIC (security lights) NO. KWH DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,030 683,967 65,953.34$ 664.58$ 66,617.92$ 374,599.45$
*MISC CHARGES 1,705.00$ 119.35$ 1,824.35$ 6,578.40$
COMMERCIAL 181 381,716 36,593.01$ 2,469.58$ 39,062.59$ 193,863.83$
*MISC CHARGES 105.00$ 7.35$ 112.35$ 433.35$
INDUSTRIAL/INTERRUPTIBLE 11 407,106 33,827.01$ 1,139.09$ 34,966.10$ 152,281.41$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 68 193,330 10,259.47$ -$ 10,259.47$ 46,676.92$
*MISC CHARGES -$ -$ -$ 27.52$
PUBLIC AUTHORITY 9 118,025 10,420.99$ -$ 10,420.99$ 42,552.66$
PENALTY 342.58$ -$ 342.58$ 1,222.83$
MISC SALES -$ -$ -$ -$
WIND ENERGY 7 0 30.00$ 0.30$ 30.30$ 129.28$
TOTAL 1,306 1,784,144 159,236.40$ 4,400.25$ 163,636.65$ 818,365.65$
MONTH YEAR
GAS NO. CCF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 877 12,587 14,333.86$ 143.68$ 14,477.54$ 43,199.28$
*MISC CHARGES -$ -$ -$ 5.35$
COMMERCIAL 116 3,373 3,269.59$ 228.66$ 3,498.25$ 13,397.83$
*MISC CHARGES -$ -$ -$ -$
INDUSTRIAL/INTERRUPTIBLE 8 5,852 4,685.96$ 125.66$ 4,811.62$ 18,064.27$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 15 580 539.48$ -$ 539.48$ 2,438.63$
PUBLIC AUTHORITY *** 6 565 477.59$ -$ 477.59$ 1,363.57$
PENALTY 26.02$ 26.02$ 109.08$
MISC SALES -$
TOTAL 1,022 22,957 23,332.50$ 498.00$ 23,830.50$ 78,578.01$
MONTH YEAR
WATER NO. CF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,002 599,200 22,862.12$ 1,598.45$ 24,460.57$ 120,798.24$
COMMERCIAL 129 279,805 4,687.61$ 321.06$ 5,008.67$ 24,534.39$
BULK WATER SALES 5 15,695 293.50$ 20.56$ 314.06$ 647.15$
INDUSTRIAL 7 60,100 1,222.29$ 85.56$ 1,307.85$ 8,005.99$
INTERDEPARTMENTAL 16 27,200 676.08$ 676.08$ 4,240.08$
PUBLIC AUTHORITY 6 120,100 2,314.71$ 2,314.71$ 10,553.49$
PENALTY 35.29$ 35.29$ 115.20$
MISC SALES -$
TOTAL 1,165 1,102,100 32,091.60$ 2,025.63$ 34,117.23$ 168,894.54$
BILLING REPORT
OCTOBER 2016
MONTH YEAR
SEWER RENTAL NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 973 20,747.49$ -$ 20,747.49$ 91,180.71$
NON RESIDENTIAL 117 4,048.06$ 203.35$ 4,251.41$ 19,228.08$
CONTRACT -$ -$ -$ -$
PENALTY 26.89$ 26.89$ 94.45$
MISC SALES -$ -$
TOTAL 1,090 24,822.44$ 203.35$ 25,025.79$ 110,503.24$
MONTH YEAR
GARBAGE COLLECTIONS NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,063 14,625.98$ -$ 14,625.98$ 58,390.44$
*MISC CHARGES -$ -$ -$ -$
NON RESIDENTIAL 116 358.76$ 23.31$ 382.07$ 1,531.49$
PENALTY 20.79$ 20.79$ 73.46$
MISC SALES -$ -$ -$
TOTAL 1,179 15,005.53$ 23.31$ 15,028.84$ 59,995.39$
HITEC COMMUNICATIONS MONTH YEAR
PHONE NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 399 9,944.70$ 9,944.70$ 37,366.95$
NON RESIDENTIAL 313 14,389.51$ 14,389.51$ 57,697.66$
HITEC LONG DISTANCE 349 2,183.95$ 2,183.95$ 9,772.21$
SPECIAL ADJUSTMENTS (2,714.45)$ (2,714.45)$ (1,209.85)$
FEDERAL TAX -$ 491.71$ 491.71$ 1,998.21$
STATE SALES TAX -$ 1,241.57$ 1,241.57$ 5,012.52$
MISC SALES -$ -$ -$ -$
TOTAL 1061 23,803.71$ 1,733.28$ 25,536.99$ 110,637.70$
CABS BILLED ----- 4,260.34$ 4,260.34$ 15,858.87$
CABS RECEIVED ----- 481.68$ 481.68$ 11,893.34$
MONTH YEAR
CABLE NO. DOLLARS TAXES TO DATE TO DATE
INTERNET 1146 40,561.70$ 40,561.70$ 166,796.89$
LOCAL PACKAGE 51 1,119.45$ 1,119.45$ 4,543.65$
BASIC SERVICE 648 29,312.99$ 29,312.99$ 119,225.89$
SHOWTIME PACKAGE 20 284.50$ 284.50$ 1,207.73$
MOVIE CHANNEL (CINAMAX) 11 110.00$ 110.00$ 459.67$
STARZ 7 105.00$ 105.00$ 420.00$
HBO 14 300.00$ 300.00$ 1,230.97$
CONVERTER BOX 1 4.00$ 4.00$ 16.00$
MISC REV (OTHER CHG & CR) 0 -$ -$ 25.00$
PAY-PER-VIEW 0 -$ -$ -$
FRANCHISE FEE 700 1,715.19$ 1,715.19$ 6,974.24$
EQUIPMENT REVENUE 68 1,026.02$ 1,026.02$ 4,134.27$
DIGITAL BASIC SERVICE 69 1,735.60$ 1,735.60$ 7,023.42$
DIGITAL SHOWTIME 7 105.00$ 105.00$ 420.00$
DIGITAL CINEMAX 3 30.00$ 30.00$ 120.00$
DIGITAL HBO 8 160.00$ 160.00$ 637.33$
STATE SALES TAX -$ 2,400.48$ 2,400.48$ 9,762.49$
TOWER LEASE SPACE 550.00$ 550.00$ 2,200.00$
MISC SALES -$ -$ $0.00 -$
TOTAL 1607 77,119.45$ 2,400.48$ 79,519.93$ 325,197.55$
MONTH YEAR
NO. DOLLARS TAXES TO DATE TO DATE
MISC SALES -$ -$ -$
TOTAL 0 -$ -$ -$ -$
MONTH YEAR
MISCELLANEOUS CHARGES NO. DOLLARS TAXES TO DATE TO DATE
PS-PROJECT SHARE 7 72.00$ -$ 72.00$ 288.00$
PT-PET SERVICE 0 -$ -$ -$ -$
MISC -$ -$ -$ -$
TOTAL 72.00$ -$ 72.00$ 288.00$
GRAND TOTAL 359,743.97$ 11,284.30$ 371,028.27$ 1,688,318.95$
MONTH YEAR
ELECTRIC (security lights) NO. KWH DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,020 768,420 72,374.65$ 726.12$ 73,100.77$ 361,510.74$
*MISC CHARGES 1,330.00$ 93.10$ 1,423.10$ 5,868.95$
COMMERCIAL 183 406,037 39,156.88$ 2,625.16$ 41,782.04$ 187,579.20$
*MISC CHARGES 75.00$ 5.25$ 80.25$ 492.20$
INDUSTRIAL/INTERRUPTIBLE 10 388,994 33,805.84$ 1,425.75$ 35,231.59$ 142,285.54$
*MISC CHARGES 25.00$ 1.75$ 26.75$ 26.75$
INTERDEPARTMENTAL 68 186,927 10,197.51$ -$ 10,197.51$ 47,969.48$
PUBLIC AUTHORITY 9 122,511 10,837.79$ -$ 10,837.79$ 41,396.17$
PENALTY 397.08$ -$ 397.08$ 1,390.48$
MISC SALES -$ -$ -$ -$
WIND ENERGY 8 0 34.00$ 0.34$ 34.34$ 137.36$
TOTAL 1,298 1,872,889 168,233.75$ 4,877.47$ 173,111.22$ 788,656.87$
MONTH YEAR
GAS NO. CCF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 868 9,840 12,095.23$ 121.03$ 12,216.26$ 42,417.10$
*MISC CHARGES 25.00$ 1.75$ 26.75$ 26.75$
COMMERCIAL 116 1,547 1,780.21$ 123.66$ 1,903.87$ 13,022.94$
*MISC CHARGES -$ -$ -$ 53.50$
INDUSTRIAL/INTERRUPTIBLE 8 8,252 6,564.14$ 284.24$ 6,848.38$ 23,831.04$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 16 566 526.80$ -$ 526.80$ 3,567.07$
PUBLIC AUTHORITY *** 6 583 490.22$ -$ 490.22$ 1,665.88$
PENALTY 26.81$ 26.81$ 101.61$
MISC SALES -$
TOTAL 1,014 20,788 21,508.41$ 530.68$ 22,039.09$ 84,685.89$
MONTH YEAR
WATER NO. CF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 995 670,600 19,172.80$ 1,338.70$ 20,511.50$ 93,531.95$
COMMERCIAL 133 169,200 3,422.65$ 234.06$ 3,656.71$ 16,342.74$
BULK WATER SALES 4 3,703 69.25$ 4.87$ 74.12$ 2,774.89$
INDUSTRIAL 7 86,200 1,164.63$ 81.53$ 1,246.16$ 6,020.62$
INTERDEPARTMENTAL 18 18,100 398.18$ 398.18$ 2,386.20$
PUBLIC AUTHORITY 6 68,900 936.34$ 936.34$ 3,437.67$
PENALTY 25.36$ 25.36$ 101.57$
MISC SALES -$
TOTAL 1,163 1,016,703 25,189.21$ 1,659.16$ 26,848.37$ 124,595.64$
BILLING REPORT
OCTOBER 2015
MONTH YEAR
SEWER RENTAL NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 965 20,162.23$ -$ 20,162.23$ 84,883.99$
NON RESIDENTIAL 118 3,141.10$ 189.47$ 3,330.57$ 13,766.66$
CONTRACT -$ -$ -$
PENALTY 25.91$ 25.91$ 97.86$
MISC SALES -$ -$
TOTAL 1,083 23,329.24$ 189.47$ 23,518.71$ 98,748.51$
MONTH YEAR
GARBAGE COLLECTIONS NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,049 14,303.79$ -$ 14,303.79$ 56,343.87$
*MISC CHARGES -$ -$ -$ -$
NON RESIDENTIAL 119 357.10$ 24.16$ 381.26$ 1,511.25$
PENALTY 25.31$ 25.31$ 113.66$
MISC SALES -$ -$ -$
TOTAL 1,168 14,686.20$ 24.16$ 14,710.36$ 57,968.78$
HITEC COMMUNICATIONS MONTH YEAR
PHONE NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 439 10,494.51$ 10,494.51$ 41,253.12$
NON RESIDENTIAL 321 13,579.01$ 13,579.01$ 57,134.73$
HITEC LONG DISTANCE 295 1,723.88$ 1,723.88$ 6,867.23$
SPECIAL ADJUSTMENTS 344.51$ 344.51$ 1,561.52$
FEDERAL TAX 467.10$ 467.10$ 1,968.14$
STATE SALES TAX -$ 831.09$ 831.09$ 3,545.47$
MISC SALES -$ -$ -$ -$
TOTAL 1055 26,141.91$ 1,298.19$ 27,440.10$ 112,330.21$
CABS BILLED ----- 5,138.61$ 5,138.61$ 21,416.96$
CABS RECEIVED ----- 6,219.74$ 6,219.74$ 91,935.46$
MONTH YEAR
CABLE NO. DOLLARS TAXES TO DATE TO DATE
INTERNET 94 3,949.22$ 3,949.22$ 11,424.38$
LOCAL PACKAGE 52 547.56$ 547.56$ 2,348.19$
BASIC SERVICE 660 31,737.74$ 31,737.74$ 127,418.73$
SHOWTIME PACKAGE 25 375.00$ 375.00$ 1,486.50$
MOVIE CHANNEL (CINAMAX) 15 150.00$ 150.00$ 620.64$
STARZ 7 105.00$ 105.00$ 457.02$
HBO 18 345.33$ 345.33$ 1,484.84$
CONVERTER BOX 1 4.00$ 4.00$ 16.00$
MISC REV (OTHER CHG & CR) 8 200.00$ 200.00$ 200.00$
PAY-PER-VIEW 0 -$ -$ -$
FRANCHISE FEE 712 1,403.45$ 1,403.45$ 5,647.53$
EQUIPMENT REVENUE 62 938.90$ 938.90$ 3,755.79$
DIGITAL BASIC SERVICE 63 1,642.00$ 1,642.00$ 6,568.34$
DIGITAL SHOWTIME 7 105.00$ 105.00$ 436.78$
DIGITAL CINEMAX 4 40.00$ 40.00$ 186.35$
DIGITAL HBO 9 180.00$ 180.00$ 772.68$
STATE SALES TAX -$ 2,545.94$ 2,545.94$ 10,202.63$
TOWER LEASE SPACE 550.00$ 550.00$ 2,200.00$
MISC SALES -$ -$ $0.00 -$
TOTAL 1643 42,273.20$ 2,545.94$ 44,819.14$ 175,226.40$
MONTH YEAR
INTERNET ( 710-856-4508) NO. DOLLARS TAXES TO DATE TO DATE
ACS NETWORKS 654 19,224.00$ -$ 19,224.00$ 76,551.00$
LONG LINES 0 -$ -$ -$ 2,459.50$
MISC SALES -$ -$ -$
TOTAL 654 19,224.00$ -$ 19,224.00$ 79,010.50$
MONTH YEAR
MISCELLANEOUS CHARGES NO. DOLLARS TAXES TO DATE TO DATE
PS-PROJECT SHARE 7 71.67$ -$ 71.67$ 287.67$
PT-PET SERVICE 0 -$ -$ -$ -$
MISC -$ -$ -$ -$
TOTAL 71.67$ -$ 71.67$ 287.67$
GRAND TOTAL 345,796.20$ 11,125.07$ 356,921.27$ 1,542,927.43$
MONTH YEAR
ELECTRIC (security lights) NO. KWH DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,026 752,620 71,228.63$ 717.86$ 71,946.49$ 446,545.94$
*MISC CHARGES 1,050.00$ 73.50$ 1,123.50$ 7,701.90$
COMMERCIAL 180 361,404 35,015.44$ 2,357.13$ 37,372.57$ 231,236.40$
*MISC CHARGES 100.00$ 7.00$ 107.00$ 540.35$
INDUSTRIAL/INTERRUPTIBLE 11 624,410 49,818.41$ 1,387.17$ 51,205.58$ 203,486.99$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 67 191,912 10,126.03$ -$ 10,126.03$ 56,802.95$
*MISC CHARGES -$ -$ -$ 27.52$
PUBLIC AUTHORITY 9 109,608 10,065.64$ -$ 10,065.64$ 52,618.30$
PENALTY 326.50$ -$ 326.50$ 1,549.33$
MISC SALES -$ -$ -$ -$
WIND ENERGY 7 0 30.00$ 0.30$ 30.30$ 159.58$
TOTAL 1,300 2,039,954 177,760.65$ 4,542.96$ 182,303.61$ 1,000,669.26$
MONTH YEAR
GAS NO. CCF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 876 29,811 28,654.13$ 286.53$ 28,940.66$ 72,139.94$
*MISC CHARGES -$ -$ -$ 5.35$
COMMERCIAL 115 6,484 5,873.57$ 409.83$ 6,283.40$ 19,681.23$
*MISC CHARGES -$ -$ -$ -$
INDUSTRIAL/INTERRUPTIBLE 9 16,035 13,109.09$ 223.28$ 13,332.37$ 31,396.64$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 15 1,701 1,464.76$ -$ 1,464.76$ 3,903.39$
PUBLIC AUTHORITY *** 6 1,742 1,448.16$ -$ 1,448.16$ 2,811.73$
PENALTY 26.88$ 26.88$ 135.96$
MISC SALES -$
TOTAL 1,021 55,773 50,576.59$ 919.64$ 51,496.23$ 130,074.24$
MONTH YEAR
WATER NO. CF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 999 558,400 22,062.08$ 1,542.50$ 23,604.58$ 144,402.82$
COMMERCIAL 126 205,478 4,760.37$ 321.87$ 5,082.24$ 29,616.63$
BULK WATER SALES 3 3,422 64.00$ 4.49$ 68.49$ 715.64$
INDUSTRIAL 7 51,600 1,061.64$ 74.32$ 1,135.96$ 9,141.95$
INTERDEPARTMENTAL 17 18,300 518.32$ 518.32$ 4,758.40$
PUBLIC AUTHORITY 6 102,500 2,023.65$ 2,023.65$ 12,577.14$
PENALTY 27.63$ 27.63$ 142.83$
MISC SALES -$
TOTAL 1,158 939,700 30,517.69$ 1,943.18$ 32,460.87$ 201,355.41$
BILLING REPORT
NOVEMBER 2016
MONTH YEAR
SEWER RENTAL NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 970 20,368.90$ -$ 20,368.90$ 111,549.61$
NON RESIDENTIAL 116 3,746.76$ 197.43$ 3,944.19$ 23,172.27$
CONTRACT -$ -$ -$ -$
PENALTY 25.84$ 25.84$ 120.29$
MISC SALES -$ -$
TOTAL 1,086 24,141.50$ 197.43$ 24,338.93$ 134,842.17$
MONTH YEAR
GARBAGE COLLECTIONS NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,058 14,557.62$ -$ 14,557.62$ 72,948.06$
*MISC CHARGES -$ -$ -$ -$
NON RESIDENTIAL 116 355.76$ 23.10$ 378.86$ 1,910.35$
PENALTY 32.34$ 32.34$ 105.80$
MISC SALES -$ -$ -$
TOTAL 1,174 14,945.72$ 23.10$ 14,968.82$ 74,964.21$
HITEC COMMUNICATIONS MONTH YEAR
PHONE NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 397 10,010.23$ 10,010.23$ 47,377.18$
NON RESIDENTIAL 312 14,398.52$ 14,398.52$ 72,096.18$
HITEC LONG DISTANCE 370 2,608.12$ 2,608.12$ 12,380.33$
SPECIAL ADJUSTMENTS 709.86$ 709.86$ (499.99)$
FEDERAL TAX -$ 490.86$ 490.86$ 2,489.07$
STATE SALES TAX -$ 1,238.82$ 1,238.82$ 6,251.34$
MISC SALES -$ -$ -$ -$
TOTAL 1079 27,726.73$ 1,729.68$ 29,456.41$ 140,094.11$
CABS BILLED ----- 4,248.50$ 4,248.50$ 20,107.37$
CABS RECEIVED ----- 4,059.88$ 4,059.88$ 15,953.22$
MONTH YEAR
CABLE NO. DOLLARS TAXES TO DATE TO DATE
INTERNET 1133 40,413.73$ 40,413.73$ 207,210.62$
LOCAL PACKAGE 47 1,031.65$ 1,031.65$ 5,575.30$
BASIC SERVICE 642 28,902.10$ 28,902.10$ 148,127.99$
SHOWTIME PACKAGE 19 285.00$ 285.00$ 1,492.73$
MOVIE CHANNEL (CINAMAX) 11 110.00$ 110.00$ 569.67$
STARZ 7 105.00$ 105.00$ 525.00$
HBO 16 329.68$ 329.68$ 1,560.65$
CONVERTER BOX 1 4.00$ 4.00$ 20.00$
MISC REV (OTHER CHG & CR) 1 25.00$ 25.00$ 50.00$
PAY-PER-VIEW 0 -$ -$ -$
FRANCHISE FEE 689 1,686.48$ 1,686.48$ 8,660.72$
EQUIPMENT REVENUE 66 987.63$ 987.63$ 5,121.90$
DIGITAL BASIC SERVICE 67 1,668.84$ 1,668.84$ 8,692.26$
DIGITAL SHOWTIME 7 105.00$ 105.00$ 525.00$
DIGITAL CINEMAX 3 30.00$ 30.00$ 150.00$
DIGITAL HBO 8 160.00$ 160.00$ 797.33$
STATE SALES TAX -$ 2,377.62$ 2,377.62$ 12,140.11$
TOWER LEASE SPACE 550.00$ 550.00$ 2,750.00$
MISC SALES -$ -$ $0.00 -$
TOTAL 2717 76,394.11$ 2,377.62$ 78,771.73$ 403,969.28$
MONTH YEAR
NO. DOLLARS TAXES TO DATE TO DATE
MISC SALES -$ -$ -$
TOTAL 0 -$ -$ -$ -$
MONTH YEAR
MISCELLANEOUS CHARGES NO. DOLLARS TAXES TO DATE TO DATE
PS-PROJECT SHARE 7 72.00$ -$ 72.00$ 360.00$
PT-PET SERVICE 0 -$ -$ -$ -$
MISC -$ -$ -$ -$
TOTAL 72.00$ -$ 72.00$ 360.00$
GRAND TOTAL 406,383.49$ 11,733.61$ 418,117.10$ 2,106,436.05$
MONTH YEAR
ELECTRIC (security lights) NO. KWH DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,024 830,764 77,092.11$ 777.27$ 77,869.38$ 439,380.12$
*MISC CHARGES 1,465.00$ 102.55$ 1,567.55$ 7,436.50$
COMMERCIAL 181 393,466 37,613.83$ 2,515.59$ 40,129.42$ 227,708.62$
*MISC CHARGES 155.00$ 10.85$ 165.85$ 658.05$
INDUSTRIAL/INTERRUPTIBLE 10 583,694 47,620.44$ 1,567.22$ 49,187.66$ 191,473.20$
*MISC CHARGES -$ -$ -$ 26.75$
INTERDEPARTMENTAL 68 207,722 10,869.67$ -$ 10,869.67$ 58,839.15$
PUBLIC AUTHORITY 9 123,611 10,656.32$ -$ 10,656.32$ 52,052.49$
PENALTY -$ -$ -$ 1,390.48$
MISC SALES -$ -$ -$ -$
WIND ENERGY 8 0 34.00$ 0.34$ 34.34$ 171.70$
TOTAL 1,300 2,139,257 185,506.37$ 4,973.82$ 190,480.19$ 979,137.06$
MONTH YEAR
GAS NO. CCF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 872 37,698 33,439.93$ 334.65$ 33,774.58$ 76,191.68$
*MISC CHARGES 50.00$ 3.50$ 53.50$ 80.25$
COMMERCIAL 115 7,527 6,393.90$ 445.25$ 6,839.15$ 19,862.09$
*MISC CHARGES -$ -$ -$ 53.50$
INDUSTRIAL/INTERRUPTIBLE 8 10,651 8,270.45$ 384.40$ 8,654.85$ 32,485.89$
*MISC CHARGES -$ -$ -$ -$
INTERDEPARTMENTAL 16 1,927 1,572.27$ -$ 1,572.27$ 5,139.34$
PUBLIC AUTHORITY *** 6 3,247 2,536.04$ -$ 2,536.04$ 4,201.92$
PENALTY -$ -$ 101.61$
MISC SALES -$
TOTAL 1,017 61,050 52,262.59$ 1,167.80$ 53,430.39$ 138,116.28$
MONTH YEAR
WATER NO. CF DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 998 653,000 18,961.74$ 1,313.14$ 20,274.88$ 113,806.83$
COMMERCIAL 126 142,600 3,010.73$ 206.38$ 3,217.11$ 19,559.85$
BULK WATER SALES 4 3,837 71.75$ 5.03$ 76.78$ 2,851.67$
INDUSTRIAL 7 81,000 1,096.29$ 76.74$ 1,173.03$ 7,193.65$
INTERDEPARTMENTAL 18 15,500 363.62$ 363.62$ 2,749.82$
PUBLIC AUTHORITY 6 82,100 1,095.23$ 1,095.23$ 4,532.90$
PENALTY -$ -$ 101.57$
MISC SALES -$
TOTAL 1,159 978,037 24,599.36$ 1,601.29$ 26,200.65$ 150,796.29$
BILLING REPORT
NOV 2015
MONTH YEAR
SEWER RENTAL NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 968 20,040.48$ -$ 20,040.48$ 104,924.47$
NON RESIDENTIAL 117 2,996.74$ 177.22$ 3,173.96$ 16,940.62$
CONTRACT -$ -$ -$
PENALTY -$ -$ 97.86$
MISC SALES -$ -$
TOTAL 1,085 23,037.22$ 177.22$ 23,214.44$ 121,962.95$
MONTH YEAR
GARBAGE COLLECTIONS NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 1,053 14,345.79$ -$ 14,345.79$ 70,689.66$
*MISC CHARGES -$ -$ -$ -$
NON RESIDENTIAL 117 351.00$ 23.73$ 374.73$ 1,885.98$
PENALTY -$ -$ 113.66$
MISC SALES -$ -$ -$
TOTAL 1,170 14,696.79$ 23.73$ 14,720.52$ 72,689.30$
HITEC COMMUNICATIONS MONTH YEAR
PHONE NO. DOLLARS TAXES TO DATE TO DATE
RESIDENTIAL 434 10,514.01$ 10,514.01$ 51,767.13$
NON RESIDENTIAL 321 9,370.22$ 9,370.22$ 66,504.95$
HITEC LONG DISTANCE 288 1,631.04$ 1,631.04$ 8,498.27$
SPECIAL ADJUSTMENTS 558.50$ 558.50$ 2,120.02$
FEDERAL TAX 468.35$ 468.35$ 2,436.49$
STATE SALES TAX -$ 834.85$ 834.85$ 4,380.32$
MISC SALES -$ -$ -$ -$
TOTAL 1043 22,073.77$ 1,303.20$ 23,376.97$ 135,707.18$
CABS BILLED ----- 3,745.12$ 3,745.12$ 25,162.08$
CABS RECEIVED ----- 2,683.90$ 2,683.90$ 94,619.36$
MONTH YEAR
CABLE NO. DOLLARS TAXES TO DATE TO DATE
INTERNET 98 4,150.35$ 4,150.35$ 15,574.73$
LOCAL PACKAGE 53 558.09$ 558.09$ 2,906.28$
BASIC SERVICE 659 31,705.08$ 31,705.08$ 159,123.81$
SHOWTIME PACKAGE 25 345.48$ 345.48$ 1,831.98$
MOVIE CHANNEL (CINAMAX) 15 150.00$ 150.00$ 770.64$
STARZ 7 105.00$ 105.00$ 562.02$
HBO 17 360.00$ 360.00$ 1,844.84$
CONVERTER BOX 1 4.00$ 4.00$ 20.00$
MISC REV (OTHER CHG & CR) 4 100.00$ 100.00$ 300.00$
PAY-PER-VIEW 0 -$ -$ -$
FRANCHISE FEE 712 1,401.42$ 1,401.42$ 7,048.95$
EQUIPMENT REVENUE 64 946.78$ 946.78$ 4,702.57$
DIGITAL BASIC SERVICE 65 1,633.62$ 1,633.62$ 8,201.96$
DIGITAL SHOWTIME 7 105.00$ 105.00$ 541.78$
DIGITAL CINEMAX 4 25.81$ 25.81$ 212.16$
DIGITAL HBO 9 180.00$ 180.00$ 952.68$
STATE SALES TAX -$ 2,535.32$ 2,535.32$ 12,737.95$
TOWER LEASE SPACE 550.00$ 550.00$ 2,750.00$
MISC SALES 19.00$ 1.33$ $20.33 20.33$
TOTAL 1642 42,339.63$ 2,536.65$ 44,876.28$ 220,102.68$
MONTH YEAR
INTERNET ( 710-856-4508) NO. DOLLARS TAXES TO DATE TO DATE
ACS NETWORKS 639 18,821.50$ -$ 18,821.50$ 95,372.50$
LONG LINES 0 -$ -$ -$ 2,459.50$
MISC SALES -$ -$ -$
TOTAL 639 18,821.50$ -$ 18,821.50$ 97,832.00$
MONTH YEAR
MISCELLANEOUS CHARGES NO. DOLLARS TAXES TO DATE TO DATE
PS-PROJECT SHARE 7 72.00$ -$ 72.00$ 359.67$
PT-PET SERVICE 0 -$ -$ -$ -$
MISC -$ -$ -$ -$
TOTAL 72.00$ -$ 72.00$ 359.67$
GRAND TOTAL 387,154.35$ 11,783.71$ 398,938.06$ 1,941,865.49$
To: Mayor, Council & Staff
From: Mike DeBruin, Chief of Police
In Reference: Alex Ray Waagmeester, Reserve Officer
We have hired Alex Waagmeester as a Reserve Officer. Alex is going to fill a Reserve Position
that was left vacant when Bryan Scheuer left in October to concentrate on his schooling.
Alex is from Rock Rapids where he graduated from Central Lyon High School. Alex is
attending college at Western Iowa Tech Community College in Sioux City, studying Police
Science. Alex is in his final year at WITCC and will graduate in May. Alex is a current Reserve
Officer with the Woodbury County Sheriff’s Office in Sioux City as well as a Correctional
Officer for Lyon County Sheriff’s Office in Rock Rapids.
Through the training process a thorough background check has been done. Clearances have been
obtained from the DCI and FBI. Alex has undergone the classroom and range portion of the
firearms training required by the Iowa Law Enforcement Academy. Alex has shot qualifying
rounds with the handgun, shotgun, and rifle. Alex has also been certified in the use of the Taser
and chemical weapons. All of the weapons training was conducted by Certified Iowa Law
Enforcement Academy instructors through his training program at the Woodbury County
Sheriff’s Office.
I would request the Council approve Alex to carry the weapons listed on the form that follows.
RESOLUTION 2016-28
A RESOLUTION OF SUPPORT FOR VOLUNTARY PLEDGE OF FUNDS TO
THE SIOUX COUNTY CONSERVATION FOUNDATION FOR ASSISTANCE
ON CONSTRUCTION OF A NATURE CENTER AT OAK GROVE COUNTY
PARK
WHEREAS, Iowa Code Section 350.7 provides that an Iowa City may cooperate
with any county conservation board or boards and a private not-for profit organization to
carry out public projects and programs authorized by Chapter 350; and
WHEREAS, the Sioux County Conservation board in conjunction with the Sioux
County Conservation Foundation and other cities in Sioux County propose to construct a
Nature Center at Oak Grove County Park; and
WHEREAS, the City Council has received a request from the Sioux County
Foundation for a pledge of financial assistance to support for the project and the
Hawarden City Council finds that support of the project would provide a benefit to the
Citizens of Sioux County and of Hawarden and is in the public interest; and,
WHEREAS, the City Council has determined that it is in the City and the citizens
of Hawarden’s interests to facilitate the completion of the expansion project;
NOW, THEREFORE, be it RESOLVED by the City Council of Hawarden, Iowa that
the City of Hawarden pledges the sum of $ 150,000 to be paid in the amount of $
50,000 per year commencing with the fiscal year commencing on July 1,
__________; provided that such pledge is subject to all of the following conditions:
1. This is a charitable pledge that shall not be legally binding on the City
of Hawarden.
2. The payment of this pledge shall be subject to the availability of
general funds for its payment.
3. No payment shall be made on the pledge unless included in the annual
budget adopted for the year in which it is to be paid.
4. Each payment shall require approval by majority vote of the City
Council prior to its disbursal.
Passed and approved this _________ day of ___________, 201___.
__________________________
Ricard R. Porter, Mayor
Attest:
______________________________________
Gary W. Tucker, City Administrator/Clerk
RESOLUTION No. 2016-29
PROPOSING TO VACATE ALLEY AND DISPOSE OF REAL PROPERTY AND PUBLISHING A
NOTICE OF PUBLIC HEARING
Re: That Portion of the East West Alley in Block Thirty-Two (32), Original Plat, Calliope, Now A Part Of
The Incorporated City Of Hawarden, Sioux County, Iowa, Lying Directly North Of And Adjacent To Lot
Four (4), Block Thirty Two (32), Original Plat, Calliope, Now A Part Of The Incorporated City Of
Hawarden, Sioux County, Iowa
WHEREAS, the City of Hawarden is the owner of the property legally described above; and,
WHEREAS, the City of Hawarden finds that the City ownership of this property is not necessary to the public
for use as an alley and the disposition of such property would be in the best interest of the City and citizens of
Hawarden for the purpose of reducing maintenance expenses, reducing liability exposure and generating
property tax; and,
WHEREAS, The City Council proposes to vacate the portion of the alley described above dispose of the
property by sale to Russell Ruhland on the following terms and conditions:
1. The property will be sold by quit claim deed and no abstract shall be provided by the City of
Hawarden;
2. The environmental condition of the site is unknown and the property is being sold “AS IS” as vacant
property;
3. The price of the property is $1,008.00;
4. The purchaser of the property shall be responsible for all costs of advertising and all recording fees
and expenses associated with vacating the alley and conveying title;
5. The purchaser shall be responsible for any survey costs;
6. The city shall retain an easem*nt over the property, as needed for utilities; and,
NOW, THEREFORE, BE IN RESOLVED by the City Council of Hawarden, Iowa that:
1. The Council desires to vacate the alley and dispose of the property as described herein according
to the terms above.
2. The Council shall make a final determination on the proposal following a public hearing, which
shall be held on the 11th day of January, 2017 at 5:30 p.m. or soon thereafter, in the City Council Chambers,
second floor of the Hawarden Community Center, at 1150 Central Avenue.
3. Pursuant to Iowa Code 364.7 the City Administrator/City Clerk is hereby directed to publish the
proper notice of the public hearing with correct legal description and the proposed property disposal proposal.
All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
PASSED AND APPROVED this 14th day of December, 2016.
Attest:
____________
Gary W. Tucker, City Administrator/ Clerk Ricard R. Porter,
Mayor
Seal:
Sioux County GIS WebMap
ParcelsDecember 8, 2016
1:6000 0.01 0.020.005 mi0 0.02 0.040.01 km
Sioux County GIS WebMap
ParcelsDecember 8, 2016
0 0.015 0.030.0075 mi
0 0.02 0.040.01 km
1:1,128
1
Preparer
Information James H. Pickner, 613 8th Street, P.O. Box 113 , Hawarden, IA 51023(712) 551-2724
Individual's Name Street Address City Phone
James H. Pickner ISBA # AT0006233
FARM LEASE - CASH
THIS LEASE ("Lease") is made between the City of Hawarden, Iowa, ("Landlord"), whose address for the purpose of this
Lease is 7th Street P.O. Box 231, Hawarden, Iowa 51023 and Casey Westergard ("Tenant"), whose address for the purpose
of this Lease is 4821 Coolidge Avenue, Ireton, Iowa 51027.
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES AND TERM. Landlord leases to Tenant the property situated in Sioux County, Iowa (the "Real
Estate") shown on Attachment A hereto consisting of sixty six and one-half (66.5) acres, more or less, subject to public
highways, with possession by Tenant for a term of 3 years to commence on March 1, 2017, and end on March 1, 2020.
The Tenant has had or been offered an opportunity to make an independent investigation as to the acres and boundaries of
the premises. In the event that possession cannot be delivered within fifteen (15) days after commencement of this Lease,
Tenant may terminate this Lease by giving the Landlord notice in writing.
The Hawarden City Administrator or his designee shall have authority to exclude any portion of the real
estate which in his or her sole discretion is determined to be not farmable or which the Landlord wishes to utilize
for any other purposes. This shall not terminate this Lease as to the remaining acres, but the rent for that year
shall be adjusted on a per acre basis to reflect any change in farmable acres. In the event that the Landlord
excludes any land from this lease after it has been planted and prior to harvest, Tenant shall be compensated for
loss of income on a per acre basis (including fractional acres) for the crop year in which the land is excluded by
allowing Tenant twice the rental rate per acre as well as credit for the rent on the excluded portion. For example if
the rent is $350.00 per acre then if an acre is excluded the Tenant would not have to pay rent on that acre, or
would get it credited back if already paid, and would get an additional credit of $700.00 as compensation for lost
revenue. This compensation shall be paid as a reduction against future lease payments due from Tenant except
during the final year of the Lease when City shall pay such refund in cash.
2. RENT. Tenant shall pay to Landlord as rent for the Real Estate (the "Rent"):
Total annual cash rent of $280.00 per acre (including fractional acres) per year with the total payable for each year due
on or before March 1 of 2017, March 1,2018 and March 1, 2019 respectively.
3. INPUT COSTS AND EXPENSES. Tenant shall prepare the Real Estate and plant such crops in a timely
fashion as may be directed by Tenant. All necessary machinery and equipment, as well as labor, necessary to carry out the
terms of this lease shall be furnished by and at the expense of the Tenant.
4. PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL, TREES, SHRUBS AND
GRASS. Tenant shall farm the Real Estate in a manner consistent with good husbandry, seek to obtain the best crop
production that the soil and crop season will permit, properly care for all growing crops in a manner consistent with good
husbandry, and harvest all crops on a timely basis. In the event Tenant fails to do so, Landlord reserves the right,
personally or by designated agents, to enter upon the Real Estate and properly care for and harvest all growing crops,
charging the cost of the care and harvest to the Tenant, as part of the Rent. Tenant shall timely control all weeds, including
noxious weeds, weeds in the fence rows, along driveways and in and along terraces throughout the Real Estate. If Tenant
fails to control weeds as required, Landlord, or those authorized by Landlord, shall have the right to enter on the Real
Estate and control the weeds at Tenant’s expense. Such expenses shall be paid by Tenant to Landlord within 10 days of
presentation of an invoice. Tenant shall comply with all terms of the conservation plan and any other required
environmental plans for the leased Real Estate. Tenant shall do what is reasonably necessary to control soil erosion
including, but not limited to, the maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and
tile drains, and abstain from any practice which will cause damage to the Real Estate.
5. ENVIRONMENTAL. Tenant shall comply with all applicable environmental laws concerning application,
2
storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Fertilizer
shall not be applied in a manner or at rates which would prevent or make unlawful the disposal of Landlord’s sewage
sludge on the Real Estate as provided under paragraph 17. Tenant shall apply any chemicals used for weed or insect
control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be
stored on the property. No chemicals or chemical containers will be disposed of on the property. Application of chemicals
for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal.
Tenant shall employ all means appropriate to insure that well or ground water contamination does not
occur and shall be responsible to follow all applicator's licensing requirements. Tenant shall properly post all fields
(when posting is required whenever chemicals are applied by ground or air. Tenant shall not dispose of waste oil, tires,
batteries, paint, other chemicals or containers anywhere on the Real Estate. Solid waste may not be disposed of on the
Real Estate. Dead livestock may not be buried on the Real Estate. Tenant shall not use waste oil as a means to suppress
dust on any roads on or near the Real Estate. No underground storage tanks, except human waste septic systems that meet
current codes, rules, and regulations, shall be maintained on the Real Estate.
Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which
occurs on Real Estate. Tenant shall assume liability and shall indemnify and hold Landlord harmless for
any claim or violation of standards which results from Tenant's use of the Real Estate. Tenant shall
assume defense of all claims, except claims resulting from Landlord's negligence, in which case each
party shall be responsible for that party's defense of any claim. After termination, Tenant shall remain
liable for violations which occurred during the term of this Lease.
6. INSURANCE. Tenant shall maintain a policy of insurance against negligence in Tenant=s
farming operations in an amount not less than $1,000,000.00 and provide proof thereof to Landlord upon
request.
7. TERMINATION OF LEASE. This Lease shall automatically renew upon expiration from
year-to-year, upon the same terms and conditions unless either party gives due and timely written notice
to the other of an election not to renew this Lease. If renewed, the tenancy shall terminate on March 1 of
the year following, provided that the tenancy shall not continue because of an absence of notice in the
event there is a default in the performance of this Lease. All notices of termination of this Lease shall be
as provided by law.
8. POSSESSION AND CONDITION AT END OF TERM. At the termination of this Lease,
Tenant will relinquish possession of the Real Estate to the Landlord. If Tenant fails to do so Tenant agrees
to pay Landlord 2% of the gross annual rent per day, as liquidated damages until possession is delivered
to Landlord. At the time of delivery of the Real Estate to Landlord, Tenant shall assure that the Real
Estate is in good order and condition, and substantially the same as it was when received by Tenant at the
commencement of this Lease, excusable or insurable loss by fire, unavoidable accidents and ordinary
wear, excepted.
9. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. In the event notice of
termination of this Lease has been properly served, Landlord may enter upon the Real Estate or authorize
someone else to enter upon the Real Estate to conduct any normal tillage or fertilizer operation after
Tenant has completed the harvesting of crops even if this is prior to the date of termination of the lease.
Landlord may enter upon the Real Estate at any reasonable time for the purpose of viewing or seeding or
making repairs, or for other reasonable purposes.
10. VIOLATION OF TERMS OF LEASE. If Tenant or Landlord violates the terms of this
Lease, the other may pursue the legal and equitable remedies to which each is entitled. Tenant's failure to
pay any Rent when due shall cause all unpaid Rent to become immediately due and payable, without any
notice to or demand upon Tenant.
11. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall
be incurred for or on account of the Landlord without first obtaining Landlord's written authorization.
Tenant shall take no actions that might cause a mechanic's lien to be imposed upon the Real Estate.
12. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission, shall not
3
be construed as a material alteration of this Lease until such provision is reduced to writing and executed
by both parties as addendum to this Lease.
13. CONSTRUCTION. Words and phrases herein, including the acknowledgment, are construed as in the
singular or plural and as the appropriate gender, according to the context.
14. INDEMNIFICATION. To the fullest extent permitted by law, Tenant shall, at Tenant's sole expense and
with counsel reasonably acceptable to Landlord, indemnify, defend, and hold harmless Landlord, its agents, employee,
partners, members, directors, officers, shareholders, successors and assigns ("Landlord Parties") from and against all
claims, actions, causes of action, liabilities, obligations, damages, costs and expenses including court costs and attorney
and expert witness fees (collectively, "Claims") from any cause, directly or indirectly arising out of or relating to this
lease, the tenancy created under this lease, or the Real Estate.
15. NOTICES. The notices contemplated in this Lease shall be made in writing and shall either be delivered in
person, or be mailed in the U.S. mail, certified mail to the recipient's last known mailing address, except for the notice of
termination set forth in Section 6, which shall be governed by the Code of Iowa.
16. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof without
prior written authorization of Landlord.
17. ADDITIONAL PROVISIONS.
No stalks, stover or other crop residue will be removed from the land without consent of the Landlord.
Tenant shall maintain accurate yield records for the Real Estate, and upon request, during or after lease term, shall
disclose to Landlord, all yield base information required for participation in government programs.
Landlord, and those authorized by Landlord, at Landlord’s expense, shall have the right to come upon the Real
Estate and to deposit sludge from the Hawarden City sewer treatment facilities during the time following harvesting of the
crop grown thereon by Tenant up to the time Tenant, commences spring planting and at such other times as may be
approved by Tenant. Landlord agrees that it will comply with any state, local, or federal laws relative to disposal of the
sludge and will obtain and maintain at its own expense any permits required by law.
DATED: _________________________, 2017
CITY OF HAWARDEN, LANDLORD
__________________________________ By______________________________________
Casey Westergard, TENANT Ricard Porter, Mayor
ATTEST:
_________________________________________
Gary W. Tucker, City Administrator
Position 5USDA LOAN RESOLUTION
(Public Bodies)Form RD 1942-47 FORM APPROVED
OMB NO. 0575-0015(Rev. 12-97)
A RESOLUTION OF THE
OF THEAUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDINGA PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
pursuant to the provisions of ; and
WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business - Cooperative Service, RuralUtilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Government) actingunder the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, andsupervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for suchbonds is found by the Association:NOW THEREFORE in consideration of the premises the Association hereby resolves:
To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such itemsand in such forms as are required by State statutes and as are agreeable and acceptable to the Government.To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shallappear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes fromresponsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time asrequired by section 333(c) of said Consolidated Farm and Rural Development Act (7 U. S. C. 1983 (c)).
2.
To provide for, execute, and comply with Form RD 400-4, ''Assurance Agreement,'' and Form RD 400-1, ''Equal OpportunityAgreement,'' including an ''Equal Opportunity Clause,'' which clause is to be incorporated in, or attached as a rider to, eachconstruction contract and subcontract involving in excess of $ 10,000.
3.
To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissiblesource.
4.
That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant oragreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a)declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of theAssociation (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and payreasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessaryto cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under theprovisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Governmentto constitute default under any other instrument held by the Government and executed or assumed by the Association, and defaultunder any such instrument may be construed by the Government to constitute default hereunder.
5.
Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others todo so without the prior written consent of the Government.
6.
Not to defease the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities forany purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of theGovernment if such undertaking would involve the source of funds pledged to pay the bonds.
7.
To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may bedeposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed bythe full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system.
8.
9.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and theestablishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debtservice and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay anyexpenses which are not directly incurred for the facility financed by the Government. No free service or use of the facility willbe permitted.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMBcontrol number for this information collection is O575-0015. The time required to complete this information collection is estimated to average 1 hour per response, including the time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
1.
To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility ingood condition.
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11.
To establish and maintain such books and records relating to the operation of the facility and its financial affairs and toprovide for required audit thereof as required by the Government, to provide the Government a copy of each such auditwithout its request, and to forward to the Government such additional information and reports as it may from time to timerequire.
12.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to theproperty of the system so that the Government may ascertain that the Association is complying with the provisions hereofand of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established and maintained, disbursem*nts from that accountmay be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the priorwritten approval of the Government, funds may be withdrawn for:(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.(b) Repairing or replacing short-lived assets.(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account, additional deposits will be required until the reserve account hasreached the required funded level.
15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain theGovernment's concurrence prior to refusing new or adequate services to such persons. Upon failure to provide serviceswhich are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the purposeof avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed $
under the terms offered by the Government; that the
of the Association are hereby authorized and empowered to take all action necessaryandor appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; andto operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unlessotherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as thebonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be providedfor in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bondresolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construedas controlling between the Association and the Government or assignee
The vote was: Yeas AbsentNays
IN WITNESS WHEREOF, the of the
has duly adopted this resolution and caused it
day ofto be executed by the officers below in duplicate on this ,
By
TitleAttest:
Title
To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government.
.
.
CITY OF HAWARDEN
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CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
of theI, the undersigned, as
hereby certify that the of such Association is composed of
members, of whom , constituting a quorum, were present at a meeting thereof duly called and
held on the day of ; and that the foregoing resolution was adopted at such meeting
by the vote shown above. I further certify that as of ,
remains in effect and has not been rescinded or amended in any way.
Dated, this day of
Title
,
,
the date of closing of the loan from the Government, said resolution
.
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RESOLUTION NO. 2016-31
Series Resolution authorizing and approving a Loan Agreement and providing for
the issuance and securing the payment of a $8,833,254 Taxable Hospital Revenue
Bond, Series 2016 (Hawarden Regional Healthcare Project)
WHEREAS, heretofore in accordance with the laws of the State of Iowa, Hawarden
Regional Healthcare (hereinafter referred to as the “Hospital”) was established as a hospital of the
City of Hawarden, Iowa (the “City”); and
WHEREAS, the management and control of the Hospital are vested in a Board of Trustees
(the “Hospital Board”); and
WHEREAS, the Hospital is a “city enterprise” as defined in Section 384.24 of the Code of
Iowa; and
WHEREAS, the Hospital has developed a financing plan which includes financing the
costs of the Project (as defined herein) and at the request of the Hospital and pursuant to the
provisions of Section 384.24A of the Code of Iowa, notices duly published and hearings held
thereon, the City has heretofore determined to enter into one or more loan agreements in an
aggregate principal amount not to exceed $10,850,000 (the “Authorized Amount”) in order to
finance the costs of the Project; and
WHEREAS, in order to provide interim financing to pay a portion the costs of the Project
pursuant to Section 76.13 of the Code of Iowa, the City previously issued its (a) $500,000 Hospital
Revenue Project Note, Series 2014A (Hawarden Regional Healthcare Project) (the “Series 2014A
Project Note”), (b) $5,000,000 Hospital Revenue Loan Anticipation Project Note, Series 2014B
(Hawarden Regional Healthcare Project) (the “Series 2014B Project Note”), and (c) its $3,333,254
Hospital Revenue Loan Anticipation Project Note (Hawarden Regional Healthcare Project), Series
2015A (the “Series 2015A Project Note” and, together with the Series 2014A Project Note and the
Series 2014B Project Note, the “Project Notes”), in anticipation of the receipt of an payable from
the USDA Bond (as defined herein); and
WHEREAS, to provide a portion of the permanent financing to pay a portion of the costs
of the Project, the City previously issued its not to exceed $2,000,000 Hospital Revenue Note
(Hawarden Regional Healthcare Project), Series 2015B (the “Series 2015B Note”) and its not to
exceed $750,000 Hospital Revenue Note (Hawarden Regional Healthcare Project), Series 2015C
(the “Series 2015C Note”); and
WHEREAS, the City, at the request of the Hospital, has adopted a master bond resolution
(the “Master Bond Resolution”) authorizing the issuance from time to time of Parity Obligations
(as defined in the Master Bond Resolution) to borrow money pursuant to Iowa Code chapter 384
secured by a first lien on the Hospital’s Net Revenues (as defined in the Master Bond Resolution);
and
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WHEREAS, Section 2 of the Master Bond Resolution authorizes the City to adopt a Series
Resolution to provide for the issuance of Obligations without the consent of or notice to the owners
of any Parity Obligations or Subordinate Obligations, with the consent of the Hospital; and
WHEREAS, in order to provide permanent financing for the Project, including the
refunding of the Project Notes, the United States of America, acting through the U.S. Department
of Agriculture – Rural Development (“Rural Development”) has agreed to enter into a draw down
loan (the “USDA Loan”) prior to substantial completion of the Project pursuant to a loan
agreement (the “Series 2016 USDA Loan Agreement”) with the Hospital, and Rural Development
will advance a deminimus amount of the proceeds of the USDA Loan in order to lock a favorable
interest rate, and the remainder of the proceeds of the USDA Loan will be advanced from time to
time as approved by Rural Development after the Hospital meets the conditions for the subsequent
advances set forth in the Series 2016 USDA Loan Agreement; and
WHEREAS, the Hospital will issue its Taxable Hospital Revenue Bond in an aggregate
principal amount of $8,833,254 (the “Series 2016 USDA Bond”) to evidence the Hospital’s
obligations under the Series 2016 USDA Loan Agreement; and
WHEREAS, the obligations of the Hospital under the Series 2016 USDA Bond and the
Series 2016 USDA Loan Agreement are payable solely and only from the Net Revenues of the
Hospital on a parity with the Series 2015B Note, the Series 2015C Note and any future Parity
Obligations and certain funds and accounts created and pledged under this Series Resolution and
the Master Bond Resolution; and
WHEREAS, it is deemed necessary and advisable at this time to approve the Series 2016
USDA Loan Agreement and to make provision for the issuance of the Series 2016 USDA Bond to
refund the Project Notes and pay costs of the Project, including any costs of issuance or related
costs;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Hawarden, Iowa,
as follows:
Section 1. Definitions. Terms used herein and not defined herein shall have the
meaning given to them in this Series Resolution and the Master Bond Resolution unless the text
expressly or by necessary implication requires otherwise:
“City” means the City of Hawarden, Iowa.
“Closing Date” shall mean December 21, 2016, or such other date mutually agreed upon
by Rural Development and the Hospital and set forth in the Series 2016 USDA Loan Agreement.
“Code” means Internal Revenue Code of 1986, as it may be amended, if applicable. Any
reference to a provision of the Code shall include the applicable regulations of the Department of
the Treasury promulgated or proposed with respect to such provision.
“Loan” shall mean the loan made pursuant to the Series 2016 USDA Loan Agreement and
evidenced by the Series 2016 USDA Bond.
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“Interest Payment Date” means, initially December 21, 2017, and thereafter the 21st day of
each month, commencing January 21, 2018.
“Principal Payment Date” means the 21st day of each month, commencing January 21,
2018.
“Project” means the construction, remodeling, equipping, furnishing, and improving of the
Hospital’s existing hospital facilities located on the Hospital’s campus at 1111 11th Street,
Hawarden, Iowa, including, but not limited to the following: construction, furnishing, equipping,
remodeling and expanding certain portions of the Hospital’s existing facilities as follows: (1) space
for a new emergency department; (2) space for a new radiology department; (3) space for new
specialty clinics; (4) upgraded patient registration facilities; (5) new kitchen and dining space; (6)
modernizing existing patient rooms; and (7) other related hospital improvements to the Hospital
Facilities.
“Registrar” shall mean, with respect to the Series 2016 USDA Bond, the Hospital
Secretary. Unless otherwise specified, the Registrar shall also act as transfer agent for the Series
2016 USDA Bond.
“Rural Development” means the United States of America, acting through the U.S.
Department of Agriculture – Rural Development, its successors and assigns.
“Rural Development Loan Resolution” means the Loan Resolution, Form 1942-47
executed and delivered in connection with the Series 2016 USDA Loan Agreement and the Series
2016 USDA Bond.
“Series 2016 Bond” shall mean the Taxable Hospital Revenue Bond, Series 2016
(Hawarden Regional Healthcare Project), in the principal amount of $8,833,254 issued pursuant
to this Series Resolution and the Master Bond Resolution and the Series 2016 USDA Loan
Agreement.
“Series 2016 Reserve Fund Requirement” shall mean, with respect to the Series 2016 Bond,
an amount equal to $421,884 which shall be funded through equal monthly deposits over ten years,
or as otherwise required by Rural Development.
“Series 2016 USDA Bond Debt Service Reserve Fund” means the fund of that name
established in Section 14 of this Series Resolution.
“Series 2016 USDA Bond Replacement Depreciation Reserve Fund” means the fund of
that name established in Section 14 of this Series Resolution.
“Series 2016 USDA Bond Sinking Fund” means the fund of that name established in
Section 14 of this Series Resolution.
“Series 2016 USDA Loan Agreement” shall mean the Loan Agreement dated the Closing
Date among the City, the Hospital and Rural Development in the aggregate principal amount of
$8,833,254, and any amendments thereto.
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DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
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“Series Resolution” or “Resolution” means this resolution.
Section 2. Authority; Ratification of the Master Bond Resolution. The Series 20_
USDA Bond shall be issued pursuant to authority granted in Chapter 384 of the Code of Iowa, and
in compliance with all applicable provisions of the Constitution and laws of the State of Iowa and
the provisions of the Master Bond Resolution and this Series Resolution.
All provisions of the Master Bond Resolution are hereby ratified and confirmed, and are
incorporated herein and certain provisions thereof are modified as applicable to the Series 2016
USDA Bond as provided herein.
Section 3. Authorization and Purpose. The City is hereby authorized to borrow
money, enter into the Series 2016 USDA Loan Agreement and issue the Series 2016 USDA Bond
for the purposes of financing a portion of the cost of the Project by refunding the Project Notes
and paying costs of issuance of the Series 2016 USDA Bond. The Mayor and the City Clerk are
hereby authorized to execute and deliver the Series 2016 USDA Loan Agreement on behalf of the
City in the form substantially as submitted to and on file with the Council with such final terms as
determined by the City, the Hospital and Rural Development, all of which shall be deemed to be
approved by the City upon the execution and delivery thereof by the Mayor and the City Clerk.
The Mayor and the City Clerk are hereby authorized to execute and deliver all necessary
documents as required by bond counsel to effectuate the issuance and sale of the Series 2016
USDA Bond, including but not limited to closing documents, tax certificates and related Rural
Development documents.
Section 4. Source of Payment. The Series 2016 USDA Bond, when issued will be
Parity Obligations under the Master Bond Resolution and shall be payable solely from the Net
Revenues of the Hospital, and certain funds and accounts created and pledged under this Series
Resolution and the Master Bond Resolution.
The Series 2016 USDA Bond shall not be general obligations of the City, shall not be
payable in any manner by taxation, and the City and the Hospital shall not be in any manner liable
by reason of the failure of the Net Revenues and amounts on deposit in the Sinking Fund and
Series 2016 USDA Bond Debt Service Reserve Fund to be sufficient for the payment of the Series
2016 USDA Bond and the interest thereon.
Section 5. Bond Details; Bond Form. The Series 2016 USDA Bond is hereby
authorized to be issued as a fully registered bond without interest coupons in evidence of the
obligation of the Hospital under the Series 2016 USDA Loan Agreement and the Series 2016
USDA Bond shall be numbered R-1, dated the date of delivery to Rural Development, and shall
bear interest from and after the date thereof until paid at the rate of 2.375% per annum.
Both principal of and interest on the Series 2016 Bond shall be issued as a draw down
bond, subject to advances by Rural Development from time to time as provided in the Series 2016
Bond and the Series 2016 USDA Loan Agreement.
Payment of principal of and interest on the Series 2016 USDA Bond shall be made by
electronic means or by check or draft mailed to the registered owner at the address shown on the
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registration books of the City, which shall be maintained by the Registrar, or if not so paid by
check or draft, in lawful money of the United States of America at the office of the Registrar. Final
payment shall be payable upon presentation and surrender of the Series 2016 USDA Bond to the
Registrar.
Principal of the Series 2016 USDA Bonds shall be subject to prepayment, in whole or in
part, prior to and in any order of maturity on any date on terms of par and accrued interest to date
of prepayment.
The Series 2016 USDA Bond shall be transferable without cost to the registered owner
thereof only upon the registration books of the Hospital upon presentation thereof to the Registrar,
as registrar and paying agent for the Series 2016 USDA Bond with a written instrument of transfer
satisfactory to the Registrar or the assignment form on the Series 2016 USDA Bond completed
and duly executed by the registered owner or the duly authorized attorney for such registered
owner.
The Series 2016 USDA Bond shall be in substantially the form attached hereto as Exhibit
A.
Section 6. Registration of Series 2016 USDA Bond; Designation of Registrar;
Transfer; Ownership; Delivery; and Cancellation.
(a) Registration. The Hospital Secretary shall be the Registrar and Paying
Agent under the terms of this Series Resolution (herein referred to as the
“Registrar” or the “Paying Agent”). The Series 2016 USDA Bond shall be fully
registered as to principal and interest in the names of the owners on the registration
books of the City kept by the Registrar, and after such registration, payment of the
principal and interest thereof shall be made only to the registered owners, their legal
representatives or assigns. The Registrar shall maintain the books of the City for
the registration of ownership of the Series 2016 USDA Bond for the payment of
principal of and interest on the Series 2016 USDA Bond. The Series 2016 USDA
Bond shall be negotiable, subject to the provisions for registration and transfer
contained in the Series 2016 USDA Bond and in this Series Resolution. The record
and identity of the owners of the Series 2016 USDA Bond may be kept confidential
as provided by Section 22.7 of the Code of Iowa.
(b) Transfer. The Series 2016 USDA Bond shall be transferable only upon
the registration books of the City upon presentation to the Registrar, together with
either a written instrument of transfer satisfactory to the Registrar or the assignment
form thereon completed and duly executed by the registered owner or the duly
authorized attorney for such registered owner. In all cases of transfer of the Series
2016 USDA Bond, the Registrar shall register, at the earliest practicable time, on
the registration books, the Series 2016 USDA Bond, in accordance with the
provisions of this Series Resolution.
(c) Ownership. The person in whose name the ownership of the same shall
be registered on the registration books of the Registrar shall be deemed and
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regarded as the absolute owner thereof for all purposes, and payment of or on
account of the principal of the Series 2016 USDA Bond and the premium, if any,
and interest thereon shall be made only to or upon the order of the registered owner
thereof or his or her legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon the Series 2016 USDA Bond,
including the interest thereon, to the extent of the sum or sums so paid.
(d) Cancellation. Upon final payment of a Series 2016 USDA Bond it shall
be cancelled by the Registrar and destroyed and a notation thereof made in the
registration books of the City.
(e) Non-Presentment of Series 2016 USDA Bond. In the event any check in
payment of interest or principal on the Series 2016 USDA Bond is returned to the
Paying Agent or is not presented for payment, or if the Series 2016 USDA Bond is
not presented for payment of principal at the maturity date thereof, if funds
sufficient to pay such interest and principal shall have been made available to the
Paying Agent for the benefit of the owner thereof, all liability of the City to the
owner thereof for such interest or payment of the Series 2016 USDA Bond 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 the Series 2016 USDA Bond who shall
thereafter be restricted exclusively to such funds for any claim of whatever nature
on the owner’s part under this Series Resolution or on, or with respect to, such
interest or the Series 2016 USDA Bond. The Paying Agent’s obligation to hold
such funds shall continue for a period equal to one year following the date on which
such interest or principal became due, whether at maturity, or at the date fixed for
prepayment thereof, or otherwise, at which time the Paying Agent, shall surrender
any remaining funds so held to the Hospital, whereupon any claim under this Series
Resolution by the owners of the Series 2016 USDA Bond of whatever nature shall
be made upon the Hospital.
Section 7. Reissuance of Mutilated, Destroyed, Stolen or Lost Bond. In case the Series
2016 USDA Bond shall become mutilated or be destroyed, stolen or lost, the City shall at the
request of the Registrar authenticate and deliver a new bond of like tenor and amount in exchange
and substitution for the mutilated bond, upon surrender of the mutilated bond to the Registrar, or
in lieu of and substitution for the bond destroyed, stolen or lost, upon filing with the Registrar
evidence satisfactory to the Registrar and City that the bond has been destroyed, stolen or lost and
proof of ownership thereof, and upon furnishing the Registrar and City with satisfactory indemnity
and complying with such other reasonable regulations as the City or its agent may prescribe and
paying such expenses as the City may incur in connection therewith.
Section 8. Record Date. Payments of principal and interest made in respect of the
Series 2016 USDA Bond shall be made to the registered holder thereof or to its designated agent
as the same appears on the registration books as of the fifteenth day preceding the payment date.
All such payments shall fully discharge the obligations of the City in respect to the Series 2016
USDA Bond on the final maturity date thereof to the extent of the payments so made. Principal
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of the Series 2016 USDA Bond is payable only upon presentation and surrender of a Bond at the
office of the Paying Agent.
Section 9. Execution, Authentication and Delivery of the Series 2016 USDA Bond.
The Series 2016 USDA Bond shall be executed on behalf of the City with the official manual or
facsimile signature of the Mayor and attested with the official manual or facsimile signature of the
City Clerk and shall be a fully registered bond without interest coupons. The issuance of the Series
2016 USDA Bond shall be recorded in the office of the City Treasurer, and the certificate on the
Series 2016 USDA Bond shall be executed with the official manual or facsimile signature of the
City Treasurer. In case any officer whose signature or the facsimile of whose signature appears
on the Series 2016 USDA Bond shall cease to be such officer before the delivery of the Series
2016 USDA Bond, such signature or such facsimile signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
The Series 2016 USDA Bond shall not be valid or become obligatory for any purpose until
the Registration of Ownership thereon shall have been signed by the Registrar. Such certificate
upon a Series 2016 USDA Bond shall be conclusive evidence that the Series 2016 USDA Bond so
executed has been duly issued under this Series Resolution and the Loan Agreement and that the
holder thereof is entitled to the benefits of this Series Resolution.
Section 10. Right to Name Substitute Paying Agent or Registrar. The City reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice
to the registered owners of the Series 2016 USDA Bond.
Section 11. Equality of Lien on Net Revenues. As provided in the Master Bond
Resolution, the timely payment of principal of and interest on the outstanding Series 2016 USDA
Bond shall be secured equally and ratably with other Parity Obligations by the Net Revenues of
the Hospital without priority by reason of number or time of sale or delivery. The Series 2016
USDA Bond Sinking Fund and the Series 2016 USDA Bond Debt Service Reserve Fund are
hereby irrevocably pledged to the timely payment of the principal of and interest on the Series
2016 USDA Bond.
Section 12. Patient Rates and Charges. There has heretofore been established as
required by law, just and equitable fees, rates and charges for the use of the services rendered by
the Hospital. As provided in Section 6 of the Master Bond Resolution, so long as any Parity
Obligations are outstanding and unpaid, the fees, rates and charges to consumers of services of the
Hospital shall be sufficient in each Fiscal Year for the payment of the Operating Expenses of the
Hospital and to leave a balance of Net Revenues sufficient to pay the principal of and interest on
any Parity Obligations, to maintain all Parity Obligation Sinking Funds and Parity Obligation Debt
Service Reserve Funds, to pay the principal of an interest on any Subordinate Obligations, to
maintain any sinking funds and debt service reserve funds relating to Subordinate Obligations and
to maintain a Debt Service Coverage Ratio of not less than 1.25:1 for each Fiscal Year.
Section 13. Application of Series 2016 USDA Bond Proceeds; Deposits by the
Hospital; Refunding the Project Notes. The proceeds of the Series 2016 USDA Bond proceeds
shall be applied or deposited as set forth in the Series 2016 USDA Loan Agreement. A portion of
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the Series 2016 USDA Bond proceeds shall be used to refund the Project Notes and to pay costs
of issuance.
Section 14. Establishment of Funds; Series 2016 USDA Bond Sinking Fund; Series
2016 USDA Bond Debt Service Reserve Fund; Series 2016 USDA Bond Replacement
Depreciation Reserve Fund. The provisions of Section 5 of the Master Bond Resolution providing
for the establishment of the Revenue Fund and for the application of the entire income and
revenues of the Hospital are hereby adopted and confirmed and shall inure to the benefit of the
owners from time to time of the Series 2016 USDA Bond so long as the Series 2016 USDA Bond
are outstanding.
Series 2016 USDA Bond Sinking Fund. From and after the issuance of the Series 2016
USDA Bond and as long as the Series 2016 USDA Bond is outstanding, the Hospital shall establish
and maintain a separate fund to be known as the Series 2016 USDA Bond Sinking Fund. As
provided in Section 5 of the Master Bond Resolution, the Hospital shall transfer amounts on
deposit in the Revenue Fund into the Series 2016 USDA Bond Sinking Fund for the payment of
interest and principal of the Series 2016 USDA Bond, on the 21st day of each month commencing
on the 21st day of the month immediately succeeding the date of issuance and delivery of any of
the Series 2016 USDA Bond in an amount which will be sufficient to pay principal of and interest
on the Series 2016 USDA Bond due on the next succeeding date which principal of and/or interest
on such Series 2016 USDA Bond is due and payable. If for any reason the amount on deposit in
the Series 2016 USDA Bond Sinking Fund exceeds the required amount, the excess shall be
forthwith withdrawn therefrom by the Hospital and deposited into the Revenue Fund. If for any
reason the amount on deposit in the Series 2016 USDA Bond Sinking Fund is less than the required
amount, the deficit shall forthwith be made up by the Hospital from available funds on deposit in
the Revenue Fund as provided in Section 5 of the Master Bond Resolution.
Money in the Series 2016 USDA Bond Sinking Fund shall be used solely for the purpose
of paying principal of and interest on the Series 2016 USDA Bond as the same may become due
and payable.
Series 2016 USDA Bond Debt Service Reserve Fund. From and after the issuance of the
Series 2016 USDA Bond and as long as the Series 2016 USDA Bond are outstanding, the Hospital
shall establish and maintain a separate fund to be known as the Series 2016 USDA Bond Debt
Service Reserve Fund. As provided in Section 5(b) of the Master Bond Resolution, the Hospital
shall transfer amounts on deposit in the Revenue Fund, after first making the required payments
into the Series 2016 USDA Bond Sinking Fund and any other Parity Obligation Sinking Funds as
required under subparagraph (a) of Section 5 of the Master Bond Resolution, into the Series 2016
USDA Bond Debt Service Reserve Fund, on the 21st day of each month of each calendar year
commencing January 21, 2018 the sum of $3,516 in until the date on which an amount equal to
the Series 2016 Reserve Fund Requirement has been accumulated therein. The dates and amount
of deposit set forth in the preceding sentence may be changed as directed by Rural Development.
Series 2016 USDA Bond Replacement Depreciation Reserve Fund. From and after the
issuance of the Series 2016 USDA Bond and as long as the Series 2016 USDA Bond is outstanding,
the Hospital shall establish and maintain a separate fund to be known as the Series 2016 USDA
Bond Replacement Depreciation Reserve Fund in an amount determined by Rural Development
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and accepted by the Hospital (the “Replacement Depreciation Reserve Required Amount”), such
amount to be funded in monthly deposits approved by Rural Development until the Replacement
Depreciation Reserve Required Amount is met. The Hospital may apply the amounts on deposit
in the Series 2016 USDA Bond Replacement Depreciation Reserve Fund to make replacements of
or repairs or improvements to the Project and the Hospital facilities (including funding any
deficiencies in the Series 2016 USDA Bond Sinking Fund and Series 2016 USDA Bond Debt
Service Reserve Fund). Whenever the amounts on deposit in the Series 2016 USDA Bond
Replacement Depreciation Reserve Fund has been reduced to less than the Replacement
Depreciation Reserve Required Amount by expenditure of all or a portion of the funds for any of
the purposes specified herein, equal monthly amounts shall be made over a twelve month period
(or such other period agreed to by Rural Development) until the amount therein has been restored
to an amount equal to the Replacement Depreciation Reserve Required Amount.
On each January 1 commencing on January 1, 2018, the Hospital shall test the amount on
deposit in the Series 2016 USDA Bond Replacement Depreciation Reserve Fund and shall resume
the monthly deposits to reinstate the Series 2016 USDA Bond Replacement Depreciation Reserve
Fund to the Replacement Depreciation Reserve Required Amount or shall transfer any excess
amounts therein to the Revenue Fund.
Section 15. Restrictions on the Incurrence of Parity Obligations and Subordinate
Obligations. So long as the Series 2016 USDA Bond is outstanding and owned by Rural
Development and notwithstanding Section 9 of the Master Bond Resolution, the City or the
Hospital shall not incur or issue, without the written consent of Rural Development, any Parity
Obligations; provided, however that such restrictions on the issuance of Parity Obligations may
be waived in writing by Rural Development and, provided, further, that no such Parity Obligations
may be issued unless Rural Development has approved the issuance of such Parity Obligations
and the same specifically recognize the obligation of the Hospital to comply with 7 U.S.C. 1983(c)
so long as Rural Development is the holder or insurer of the Series 2016 USDA Bond.
The City and the Hospital may issue Subordinate Obligations without the consent of Rural
Development (or such other owner of the Series 2016 USDA Bond) or any other Parity Obligation
Holder.
Section 16. Refinancing. The City covenants and agrees that it will refinance or cause
the Hospital to refinance, as the case may be, the unpaid balance, in whole or in part, of the
outstanding principal amount of the Series 2016 USDA Bond upon the request of Rural
Development if at any time it should appear to Rural Development that the City or the Hospital is
able and authorized by law to refinance the Series 2016 USDA Bond by applying for and accepting
a loan for such purposes from responsible private sources at reasonable rates and terms for loans
of similar purposes, as required by 7 U.S.C. 1983(3).
Section 17. Discharge and Satisfaction of Bonds. So long as the Series 2016 USDA Bond
are owned by Rural Development, the City and the Hospital will not issue any additional
obligations for the purposes of providing funds to refund all or part of the Series 2016 USDA Bond
unless either (i) all installments of principal of the Series 2016 USDA Bond are paid, retired and
cancelled concurrently with the issuance of such refunding obligations or on the first Principal
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Payment Date for the Series 2016 USDA Bond occurring after the issuance of such obligations or
(ii) consent to the issuance of such refunding obligations is given in writing by Rural Development.
Section 18. Covenants Regarding Operation of the Hospital. Section 6 and Section 7 of
the Master Bond Resolution contains covenants relating to operation of the Hospital. This Section
18 contains covenants in addition to those set forth in Sections 6 and 7 of the Master Bond
Resolution:
(i) The Hospital will cause to be prepared quarterly management reports,
commencing with the first full quarter following the delivery of the Series 2016 USDA
Bonds and continuing each Fiscal Year quarter thereafter for a period of three years unless
extended by Rural Development and the Hospital shall file such reports with Rural
Development within thirty days of the close of each Fiscal Year quarter; and
(ii) The Hospital will cause to be prepared and will file annual management
reports with Rural Development on or before each June 1, commencing June 1, 2017 (or
one month prior to the beginning of the Hospital’s Fiscal Year);
(iii) The Hospital shall comply with OMB Circular A-133 governing audits in
the event the Hospital expends $750,000 or more in total federal financial assistance per
Fiscal Year, as required by 7 CFR 3052, and shall file such audits with Rural within 270
days of the close of each Fiscal Year or as otherwise required by the OMB Circular A-133
requirements; and
(iv) The Rural Development shall have at all reasonable times the right to
inspect the Hospital Facilities and the records, accounts and data of the Hospital relating
thereto, in so far as such inspection shall not violate any applicable patient confidentiality
laws.
Section 19. Additional Covenants, Representations and Warranties of the Hospital. The
City certifies and covenants with the purchasers and holders of the Series 2016 USDA Bond from
time to time outstanding that the City, through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable to establish the
validity or enforceability of the Series 2016 USDA Bond; (b) comply with all representations,
covenants and assurances contained in the closing certificate relating to the Series 2016 USDA
Bond; (c) consult with bond counsel as necessary with respect to matters relating to the Series
2016 USDA Bond; (d) file such forms, statements and supporting documents as may be required
relating to the Series 2016 USDA Bond and comply with all provisions of the Master Bond
Resolution and in a timely manner; and (e) if deemed necessary or advisable by its officers, to
employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City and
the Hospital in such compliance.
Section 20. Rural Development Loan Resolution. To the extent permitted by law and
so long as Rural Development is the owner or insurer of the Series 2016 USDA Bond, the City,
the Hospital and this Series Resolution and the Series 2016 USDA Bond shall be subject to the
terms of the Rural Development Loan Resolution and incorporated herein by this reference.
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In the event there is any conflict between this Resolution and the Rural Development Loan
Resolution as related to any Series 2016 USDA Bond held by Rural Development, the Rural
Development Loan Resolution shall govern, unless otherwise agreed to by Rural Development.
The Mayor and the City Clerk are authorized to execute and deliver the Rural Development Loan
Resolution.
Section 21. Approval of other Documents. The City ratifies and approves all
agreements and documents executed and delivered by the Hospital related to the Project and the
transactions authorized by this Series Resolution. The Hospital CEO or the Chairperson and
Secretary of the Board are authorized to execute and deliver any required documents by Rural
Development to carry out the purposes of this Series Resolution.
Section 22. Resolution a Contract. The provisions of this Series Resolution shall
constitute a contract between the City, the Hospital and Rural Development (or other owners of
the Series 2016 Bonds and any Parity Obligation Holder, and after the issuance of the Series 2016
USDA Bond, no change, variation or alteration of any kind in the provisions of this Resolution
shall be made in any manner, except as provided in Section 23 or Section 24 hereof, until such
time as all of the Series 2016 USDA Bond, and interest due thereon, shall have been satisfied and
discharged as provided in this Resolution.
Section 23. Modification of Resolution Not Requiring the Consent of Owners of Series
2016 USDA Bond. For any one or more of the following purposes, without the consent of or
notice to the owners of the Series 2016 USDA Bond, and at any time or from time to time this
Series Resolution may be amended, modified or supplemented by the City, with the consent of the
Hospital:
(a) to cure any ambiguity or formal defect or omission in this Series Resolution;
(b) to grant to or confer for the benefit of the owners of the Series 2016 USDA Bond
any additional rights, remedies, powers or authority that may lawfully be granted to or conferred
upon the owners of the Series 2016 USDA Bond; provided such additional rights, remedies,
powers or authority do not adversely affect the rights of the Parity Obligation Holders;
(c) to assign and pledge under this Series Resolution additional revenues, properties or
collateral;
(d) to provide for the refunding or advance refunding of Series 2016 USDA Bond if
and to the extent permitted under the Master Bond Resolution and any applicable Obligation
Issuance Documents;
(e) to modify, amend or supplement this Series Resolution in such manner as to permit
continued compliance with the provisions of the Internal Revenue Code; and
(f) to make any other change that does not materially adversely affect the rights of any
of the owners of the Series 2016 USDA Bond.
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Section 24. Modification of Series Resolution Requiring Consent of Owners of Series
2016 USDA Bond. In addition to amendments to this Series Resolution authorized by Section 23
hereof, this Series Resolution may be amended from time to time if such amendment shall have
been consented to by Rural Development.
Section 25. Compliance by the Hospital with the Resolution. Pursuant to the Loan
Agreement, the Hospital will agree to comply with the provisions of this Series Resolution and the
Master Bond Resolution.
Section 26. Severability. If any section, paragraph, or provision of this Series
Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions.
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Passed and approved this 14th day of December, 2016.
Mayor
Attest::
City Clerk
*** Other Business ***
At the conclusion of the meeting, and upon motion and vote, the Council adjourned.
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STATE OF IOWA
COUNTY OF SIOUX SS:
CITY OF HAWARDEN
I, the undersigned, City Clerk of the City aforesaid, do hereby certify that I have in my
possession or have access to the complete corporate records of the City and of the Council and its
officers and that I have carefully compared the transcript hereto attached with the aforesaid records
and that the transcript hereto attached is a true, correct and complete copy of all the records in
relation to the authorization and approval of a certain Series 2016 USDA Loan Agreement and the
issuance of a not to exceed $8,833,254 Taxable Hospital Revenue Bond, Series 2016 (Hawarden
Regional Healthcare Project), of said City evidencing the City’s obligation under the Series 2016
USDA Loan Agreement and that the transcript hereto attached contains a true, correct and
complete statement of all the measures adopted and proceedings, acts and things had, done and
performed up to the present time with respect thereto.
I further certify that no appeal has been taken to the District Court from the decision of the
Council to enter into the Series 2016 USDA Loan Agreement or to issue the Series 2016 USDA
Bond.
WITNESS MY HAND this 14th day of December, 2016.
____________________________________
City Clerk
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Exhibit A: Form of Bond
UNITED STATES OF AMERICA
STATE OF IOWA
SIOUX COUNTY
CITY OF HAWARDEN
TAXABLE HOSPITAL REVENUE BOND, SERIES 2016
(HAWARDEN REGIONAL HEALTHCARE PROJECT)
No. R-1 $8,833,254
INTEREST RATE MATURITY DATE BOND DATE
2.375% December 21, 2046 December 21, 2016
The City of Hawarden (the “City”), in the County of Sioux, State of Iowa, for value
received, promises to pay on the Maturity Date of this Bond to
United States of America acting through the U.S. Department of Agriculture-Rural
Development
or registered assigns (the “Purchaser”), the principal sum of
EIGHT MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND TWO HUNDRED
AND FIFTY-FOUR DOLLARS
or such amount as shall be advanced and outstanding hereunder, with interest on the
outstanding principal balance at the Interest Rate. The principal and interest shall be paid in any
coin or currency which at the time or times of payment is legal tender for the payment of public
and private debts in the United States of America. Principal and interest payments shall be
computed by the Purchaser. So long as this Bond is held or insured by USDA-RD, interest shall
be calculated pursuant to USDA-RD requirements; otherwise, interest is calculated on the basis of
a 365-day year.
Advances of principal (each, an “Advance”) in an aggregate amount not exceeding
$8,833,254 may be made under this Bond in accordance with the hereinafter referred to Loan
Agreement beginning on the Bond Date in an initial amount of $1000 and subsequent Advances
of principal (each a “Subsequent Advance”) on or before December 21, 2017 (the “Final Advance
Date”), but only if all conditions precedent to such Subsequent Advance are met by the Hospital
in accordance with the Loan Agreement. The amount and date of each Advance shall be noted by
the Purchaser on Schedule A attached hereto. Principal and interest on this Bond is payable as
follows:
(i) Interest only on the unpaid outstanding principal balance of this Bond, shall
be payable on December 21, 2017; and
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(ii) Both principal of and interest on this Note are payable in equal monthly
installments of $35,157 commencing January 21, 2018 and continuing thereafter on the 21st day
of each month until the principal and interest are fully paid, except that the final installment of the
entire balance of principal and interest, if not sooner paid, shall become due and payable on the
Maturity Date, unless provision for prepayment has been made as hereinafter provided.
Both principal of and interest on this Bond are payable to the registered owner appearing
on the registration books of the City maintained by the Secretary (hereinafter referred to as the
“Registrar” and “Paying Agent”) of the Hawarden Regional Healthcare (the “Hospital) at the close
of business on the fifteenth day immediately preceding the payment date in lawful money of the
United States of America to the registered owner at the address shown on such registration books;
provided, however, that the final installment of principal and interest will be payable only upon
presentation and surrender of this Bond to the Paying Agent.
This Bond shall not be valid or become obligatory for any purpose until the Registration
of Ownership hereon shall have been signed by the Registrar.
This Bond is issued by the City to evidence its obligation under a certain Loan Agreement,
dated the Bond Date (the “Loan Agreement”), entered into by the City, the Hospital and the
Purchaser for the purpose of paying the costs of the Project (as defined in the Series Bond
Resolution hereinafter referred to), including the refunding of the Project Notes (as defined in the
Series Bond Resolution) and paying costs of issuance.
This Bond is issued pursuant to and in strict compliance with the provisions of Chapter 384
of the Code of Iowa, and all other laws amendatory thereof and supplemental thereto, and in
conformity with a resolution of the City Council of the City authorizing and approving the Loan
Agreement and providing for the issuance and securing the payment of the Series 2016 Bonds (the
“Series Bond Resolution”), the Master Bond Resolution (as defined in the Series Bond Resolution)
and the Loan Agreement, and reference is hereby made to the Series Bond Resolution, the Master
Bond Resolution and the Loan Agreement for a more complete statement as to the source of
payment of this Bond and the rights of the owners of this Bond.
Principal of this Bond shall be subject to prepayment prior to and in any order of maturity
in whole or in part from time to time on any date on terms of par and accrued interest to the date
of prepayment. The City and the Hospital acknowledge that 7 U.S.C. 1983(3) and the right of the
Purchaser to require the redemption of the entire unpaid principal amount of the Bonds in
accordance with 7 U.S.C. 1983(3) and Section 16 of the Series Bond Resolution.
This Bond, together with the Series 2014A Project Note, the Series 2015B Note, the Series
2015C Note and any additional obligations as may be hereafter issued and outstanding from time
to time ranking on a parity therewith as set forth in the Master Bond Resolution (the “Parity
Obligations”), are limited obligations of the City payable solely from the future Net Revenues (as
defined in the Master Bond Resolution) of the Hospital, the amounts on deposit in the funds and
accounts established under the Master Bond Resolution pledged to the payment thereof and
amounts on deposit in the funds and accounts established under the Series Bond Resolution
pledged to the payment thereof.
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This Bond and the interest thereon are not payable in any manner by taxation and do not
constitute a general obligation of the City. Neither the City nor the Hospital shall be liable by
reason of the failure of the Net Revenues and the amounts on deposit pursuant to the Master Bond
Resolution and the Series Bond Resolution pledged to the payment thereof to be sufficient for the
payment of this Bond.
This Bond is fully negotiable but shall be fully registered as to both principal and interest
in the name of the owner on the books of the City in the office of the Registrar, after which no
transfer shall be valid unless made on said books and then only upon presentation of this Bond to
the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or
the assignment form hereon completed and duly executed by the registered owner or the duly
authorized attorney for such registered owner.
The City, the Registrar and the Paying Agent may deem and treat the registered owner
hereof as the absolute owner for the purpose of receiving payment of or on account of principal
hereof, premium, if any, and interest due hereon and for all other purposes, and the City, the
Registrar and the Paying Agent shall not be affected by any notice to the contrary.
And It Is Hereby Certified, Recited and Declared that all acts, conditions and things
required to exist, happen and be performed precedent to and in the issuance of the Bond have
existed, have happened and have been performed in due time, form and manner, as required by
law, and that the issuance of the Bond does not exceed or violate any constitutional or statutory
limitation or provision.
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IN TESTIMONY WHEREOF, the City of Hawarden, Iowa, has caused this Bond to be
sealed with original or the facsimile of its official seal, to be executed with the duly authorized
original or facsimile signature of its Mayor and attested with the duly authorized original or
facsimile signature of its City Clerk, all as of the Bond Date.
CITY OF HAWARDEN, IOWA
By__(DO NOT SIGN)__________________
Mayor
Attest:
__(DO NOT SIGN)__________________
City Clerk
(Facsimile Seal)
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STATE OF IOWA
COUNTY OF SIOUX SS: CITY TREASURER’S CERTIFICATE
CITY OF HAWARDEN
The original issuance of this Bond was duly and properly recorded in my office as of the
Bond Date.
_______________________________________
City Treasurer, Hawarden, Iowa
REGISTRATION OF OWNERSHIP
Date of Registration Name and address of Registered Owner Signature of Secretary of the Hospital
United States of America acting through
Bond Date the U.S. Department of Agriculture-Rural ____________________________
Development
__________________ _______________________ _____________________
__________________ _______________________ _____________________
__________________ _______________________ _____________________
__________________ _______________________ _____________________
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ABBREVIATIONS
The following abbreviations, when used in this Bond, shall be construed as though they
were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common UTMA_______________________
TEN ENT - as tenants by the entireties
(Custodian)
JT TEN - as joint tenants with As Custodian for_______________
right of survivorship and (Minor)
not as tenants in common under Uniform Transfers to Minors Act
_____________________________
(State)
Additional abbreviations may also be used though not in the list above.
ASSIGNMENT
For valuable consideration, receipt of which is hereby acknowledged, the undersigned
assigns this Bond to
______________________________________________________________________________
(Please print or type name and address of Assignee)
____________________________________________
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
and does hereby irrevocably appoint _______________________________________, Attorney,
to transfer this Bond on the books kept for registration thereof with full power of substitution.
Dated: _________________
Signature guaranteed:
_____________________________________
_____________________________________
_____________________________________ (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
signatures to be guaranteed by certain eligible guarantor
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institutions that participate in a recognized signature guarantee
program.)
___________________________________________
NOTICE: The signature to this Assignment must
correspond with the name of the registered owner as it
appears on this Bond in every particular, without
alteration or enlargement or any change whatever.
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SCHEDULE A
SCHEDULE OF AMOUNTS ADVANCED
Date Advances
Total
Amount
Advanced Made By
Additional
Notation (if
any)
Bond Date $1000 $1000
FY2018 BUDGET REVIEW SCHEDULE
Dec. 14th - Distribute Schedule of Budget Review Process
Jan. 11th – Distribute Utility Budget Information for preliminary
Review.
Jan. 25nd – Discuss Utilities portion of Budget and distribute
remaining Budget items for preliminary Review.
Feb. 8th – Discuss Remaining Budget items, Finalize Budget and Set
March 8th as date of Public Hearing and final adoption of FY2018
Budget
Feb. 23th – Publish Budget and Public Hearing information
March 8th – Public Hearing and adoption of FY2018 Budget
Mar. 15th – Certify Budget with County Auditor