IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
December 17, 2002
The Allen County Board of
Commissioners met in regular session at 8:30 a.m. with Chairperson Walt
Regehr, Jr., Commissioner Dick Works, Commissioner Kent Thompson, and
Michelle M. Smith, Deputy County Clerk.
Commissioners corrected
and approved the minutes of the December 10, 2002 meeting.
Bill King, Public Works
Director, discussed the pay issue for Public Works employees taking
accrued vacation and sick time during pay periods when they are called out
for emergency response. Commissioners agreed to allow overtime instead of
straight time on hours worked or taken with accrued leave over 40 hours in
rare cases of an unexpected emergency call out, with approval of
Commissioners only.
Bill reported on plans for
the Airport taxiway extension.
Commissioner Regehr called
the budget amendment hearing to order. No one was present concerning the
amended budget. Commissioners signed the amendment.
Kevin Cowan, Gilmore and
Bell, read the proposed resolutions. Discussion followed on lease payments
and accounting procedures.
Others present included,
Alan Weber, Allen County Counselor, Rodney Burns, Hutinett, Schlotterbeck
& Burns Auditor, Tom Strickler, Ken Gilpin, Jim Gilpin, and Phil
Richter.
Jean Barber, Loren Korte,
and Ron Moore, Allen County PBC, were present to discuss the proposed
resolutions. Jean moved to adopt, Loren Korte seconded, motion carried
unanimously 3-0-0.
The governing body of
Allen County, Kansas (the "County"), met in regular session at
the usual meeting place in the County at 9:30 a.m. The Chairman presided
and the following members of the governing body were present: Kent
Thompson, Dick Works, and Walt Regehr, Jr.
Absent: None
The Chairman declared that
a quorum was present and called the meeting to order.
Thereupon, there
was presented a Resolution entitled:
A
RESOLUTION AUTHORIZING ALLEN COUNTY, KANSAS TO ENTER INTO A BASE LEASE
WITH ALLEN COUNTY, KANSAS PUBLIC BUILDING COMMISSION, WHEREBY THE COUNTY
WILL LEASE CERTAIN PROPERTY TO THE PUBLIC BUILDING COMMISSION; AND ENTER
INTO A LEASE WHEREBY THE COUNTY WILL LEASE FROM THE PUBLIC BUILDING
COMMISSION SAID PROPERTY, INCLUDING THE COURTHOUSE/DETENTION FACILITY
PROJECT LOCATED THEREON; APPROVING THE FORM OF SAID BASE LEASE AND
LEASE; AND AUTHORIZING THE EXECUTION THEREOF AND CERTAIN RELATED
DOCUMENTS.
The Resolution was
considered and discussed; and on motion of Commissioner Works, seconded by
Commissioner Thompson, the Resolution as a whole was adopted by the
following roll call vote:
Aye: Commissioner Works,
Commissioner Thompson and Commissioner Regehr.
Nay: none.
Thereupon, a
majority of the members of the governing body having voted in favor of the
adoption of the Resolution, it was given No. 200218 (the
"Resolution") and was signed by Chairman Regehr and attested by
Michelle M. Smith, Deputy County Clerk.
The Resolution # 200218 is
as follows:
A RESOLUTION AUTHORIZING
ALLEN COUNTY, KANSAS TO ENTER INTO A BASE LEASE WITH ALLEN COUNTY,
KANSAS PUBLIC BUILDING COMMISSION, WHEREBY THE COUNTY WILL LEASE CERTAIN
PROPERTY TO THE PUBLIC BUILDING COMMISSION; AND ENTER INTO A LEASE
WHEREBY THE COUNTY WILL LEASE FROM THE PUBLIC BUILDING COMMISSION SAID
PROPERTY, INCLUDING THE COURTHOUSE/DETENTION FACILITY PROJECT LOCATED
THEREON; APPROVING THE FORM OF SAID BASE LEASE AND LEASE; AND
AUTHORIZING THE EXECUTION THEREOF AND CERTAIN RELATED DOCUMENTS.
WHEREAS,
the governing body of Allen County, Kansas (the "County") has
heretofore declared it advisable to construct, furnish and equip a
detention facility as an addition to the Allen County Courthouse in Iola,
Kansas (the "Project"); and
WHEREAS,
under the authority of K.S.A. 12-1757 et seq. (the
"Act"), the Board has heretofore created Allen County, Kansas
Public Building Commission, a municipal corporation of the State of Kansas
(the "PBC"); and
WHEREAS,
the PBC has the power and authority under the Act to issue revenue bonds
to provide funds for the purpose of paying all or a portion of the costs
of the Project; and
WHEREAS,
pursuant to Resolution No. 200204, the Board has deemed it advisable to
request that the PBC provide for the financing of the Project in an amount
of not to exceed $2,900,000 through the issuance of revenue bonds; and
WHEREAS,
pursuant to Resolution No. 200202, the PBC has deemed it advisable to
provide for the financing of the Project by the issuance of revenue bonds
in an amount of not to exceed $2,900,000, and notice of such intent was
properly published, with no sufficient protest filed against said bond
issuance within the time prescribed by the Act; and
WHEREAS,
the estimated costs to acquire, construct, furnish and equip the Project
are now determined to be $2,900,000; and
WHEREAS,
for purposes of financing a portion of the costs of construction and
equipping of the Project, the County hereby determines that it is in the
best interest of the County that the County and the PBC enter into a Base
Lease (the "Base Lease") whereby the County leases certain real
property (the "Land") to the PBC, and a Lease (the
"Lease"), to provide for the construction of the Project and the
leasing of the Land and the Project by the PBC to the County; and
WHEREAS,
the Lease shall provide sufficient funds to finance an issue of PBC
revenue bonds in an amount of not to exceed $2,900,000 which shall have a
maturity term of approximately twenty years (the "Bonds"); and
NOW, THEREFORE, BE IT
RESOLVED BY THE GOVERNING BODY OF ALLEN COUNTY, KANSAS:
SECTION 1.
The County hereby finds and determines, pursuant to the Act that (i)
constructing, furnishing and equipping the Project; (ii) leasing the Land
to the PBC pursuant to the provisions of a Base Lease; (iii) leasing the
Project and the Land from the PBC under the terms and provisions set forth
in the Lease; and (iv) the issuance of the Bonds by the PBC, with terms as
set forth in the Bond Purchase Agreement, to finance a portion of the
costs of the Project, are necessary, convenient and in furtherance of the
governmental purposes of the County.
SECTION 2.
The Base Lease, Lease and Bond Purchase Agreement in substantially the
form presented to this meeting of the governing body, are in all material
respects approved, authorized and confirmed. The Chairman and the County
Clerk are hereby authorized and directed to affix their signatures and the
seal of the County to the Base Lease, Lease and Bond Purchase Agreement,
for and on behalf of the County, with such changes therein as the County
Counselor may deem necessary or appropriate.
SECTION 3.
The Chairman and County Clerk are hereby authorized to execute any and all
documents and take such actions as they may deem necessary or advisable in
order to carry out and perform the intent of this Resolution.
SECTION 4.
All action heretofore taken (not inconsistent with the provisions of this
Resolution) by the County or the officials of the County, directed toward
the acquisition, construction and equipping of the Project, the leasing of
the Land to the PBC or the leasing of the Project and the Land from the
PBC, are hereby ratified, approved and confirmed.
SECTION 5.
This resolution shall be effective from and its adoption by the governing
body of the County.
ADOPTED
by the Governing Body of Allen County, Kansas, on December 17, 2002.
Commissioner Works moved
to adopt the resolution and authorize the Chairman to sign the lease,
Commissioner Thompson seconded, motion carried unanimously 3-0-0.
Commissioners approved
Cheryl Welch to carryover 61.25 hours of vacation to be used within six
months.
Commissioners will not be
meeting on December 24, 2002, as it is a scheduled holiday.
Commissioners approved the following
documents:
a) Clerk's vouchers totaling
$164,532.86
b) Clerk's Journal Entries # 27
c) Abatements – Value 9,437,
$1,258.68
With no further business to come before
the board, the meeting was adjourned until December 31, 2002 at 8:30 a.m.
in the Commission room of the courthouse to conduct end of year business.
