IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
October 10, 2006
Disclaimer: These unofficial minutes are not official until approved by
the Commission. Please contact the Allen County Commission Office or the
Clerk’s Office regarding any questions or accuracy of the minutes prior
to the Commission approval.
IOLA,
KANSAS
OFFICE OF THE ALLEN COUNTY
CLERK
October 10, 2006
EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
ALLEN COUNTY, KANSAS
HELD ON OCTOBER 10, 2006
The governing body met in regular session at the usual
meeting place in the County at 8:30 a.m., the following members being
present and participating, to-wit: Chairman Dick Works, Commissioner Walt
Regehr, Jr., and Commissioner Kent Thompson and Sherrie L. Riebel, County
Clerk. The Chairman declared that a quorum was present and called
the meeting to order.
Commissioners corrected and approved the minutes of the
October 3, 2006 meeting.
Bill King, Public Works Director, presented bids for a
copy machine for Public Works office. Bill Bigalow, Modern Copy Systems
and Paul Butler, Copy Products, Inc. were present for comment. Bids were
received from Modern Copy Systems for a Kyocera with a 16 per minute print
speed, 3 year warranty or 100,000 copies for $1,769.00 with delivery upon
receiving signed work order; Modern Copy Systems for a Kyocera with a 20
per minute print speed, 3 year warranty or 100,000 copies for $2,049.00
with delivery upon receiving signed work order; Copy Products, Inc. for a
Toshiba with a 16 per minute print speed, 3 year warranty or 100,000
copies for $1,876.00 with delivery 10 days to 2 weeks but will install a
loaner; and Copy Products, Inc. for a Toshiba with a 20 per minute print
speed, 3 year warranty or 100,000 copies for $2,195.00 with delivery 10
days to 2 weeks but will install a loaner. Sales representatives presented
their machines. Commissioner Thompson moved to approve the low and best
bid from Modern Copy Systems for $1,769.00. Commissioner Regehr seconded,
motion passed 3-0-0.
Bill reported the Allen County Airport is scheduled to
be closed during the month of November for construction work with hopes
that it won’t be closed that long. Discussion followed.
Bill requested signatures on contract agreements,
performance bonds and payment bonds with Koss Construction Company for
widening the runway and move the return taxi way. He reported Alan Weber,
Allen County Counselor, has reviewed both sets of contracts. Commissioner
Regehr moved to authorize Chairman Works to sign the two contracts.
Commissioner Thompson seconded, motion passed 3-0-0. Chairman Works signed
the contract. The associated concrete pavement agreement is to construct a
35’ X 4100’ parallel taxiway at the Allen County Airport. This
construction will also entail striping and sealing of the concrete
pavement.
Commissioner Regehr moved to go into executive session
to discuss non-elected personnel for 5 minutes. Commissioner Thompson
seconded, motion passed 3-0-0. Those in the room will be Chairman Works,
Commissioner Thompson, Commissioner Regehr, Bill King, Public Works
Director and Sherrie L. Riebel, Allen County Clerk. The time is now 9:20
a.m. Commissioners reconvened at 9:25 a.m. No action was taken.
Commissioner Thompson moved to authorize Bill to hire
the individual who scored the highest on the interview for a landfill
position. Commissioner Regehr seconded, motion passed 3-0-0.
Bruce Symes, Iola Register representative, was present
to observe the meeting.
Alan Weber, Allen County Counselor, discussed the
refinancing of the PBC Bond for the Law Enforcement Center. Discussion
followed.
Commissioner Works opened the public hearing for
Community Facilities Application for CDBG funds. Elaine Dugan, Allen
County Emergency Medical Services Director, and Sandy Erbe, Southeast
Regional Planning Commission, were present for the hearing. Discussion
followed on the need and other point items for the grant application. No
public was present for comment. Commissioner Works declared the hearing
closed.
* * * * * * * * * * * * * *
A matter relating to the sale of approximately
$2,320,000* of Public Building Commission Refunding Revenue Bonds, Series
2006, on behalf of the County, came on for consideration and was
discussed.
Commissioner Regehr presented and moved for the
adoption of a Resolution entitled:
RESOLUTION UPDATING, RATIFYING AND CONFIRMING
RESOLUTION NO. 200611 OF ALLEN COUNTY, KANSAS.
Commissioner Thompson seconded the motion to adopt the
Resolution. Thereupon, the Resolution was read and considered, and the
question put to a roll call vote, the vote thereon was as follows:
Aye: Commissioner Thompson, Commissioner Regehr, and
Commissioner Works.
Nay: None .
The Chairman declared said Resolution duly adopted. The
Resolution was then duly numbered Resolution No. 200611, and was
signed by the Chairman and attested by the Clerk.
* * * * * * * * * * * * * *
* * * * * * * * * * * * *
RESOLUTION NO. 200611
RESOLUTION UPDATING, RATIFYING AND CONFIRMING
RESOLUTION NO. 200611 OF ALLEN COUNTY, KANSAS.
WHEREAS, Allen County, Kansas (the "County")
has heretofore adopted Resolution No.200611, authorizing and approving the
selection of Piper Jaffray & Co., Leawood, Kansas (the
"Purchaser") as the purchaser of certain "Public Building
Commission Refunding Revenue Bonds, Series 2006" (the "Series
2006 Bonds"); and
WHEREAS, such Series 2006 Bonds have not yet been
issued and the County desires to update, ratify and confirm the action
taken in such Resolution No. 200611.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
ALLEN COUNTY, KANSAS, AS FOLLOWS:
Section 1. The selection of the Purchaser is hereby
ratified and confirmed and the Purchaser is authorized to proceed with the
offering for sale of the Series 2006 Bonds in an approximate amount of
$2,320,000*, as described in the Preliminary Official Statement attached
hereto as Exhibit A. The confirmation of the sale of the Series
2006 Bonds shall be subject to the execution of a bond purchase agreement
between the Purchaser, the County and the Allen County, Kansas Public
Building Commission (the "Issuer") and the adoption of a
resolution by the Issuer authorizing the issuance of the Series 2006 Bonds
and the execution of various documents necessary to deliver the Series
2006 Bonds. The Chairman is hereby authorized to execute a bond purchase
agreement (the "Bond Purchase Agreement") in a form approved by
Bond Counsel, provided that the sale of the Series 2006 Bonds is subject
to the following parameters: (a) principal amount not to exceed
$2,370,000; and (b) the present value savings associated with the issuance
of the Series 2006 Bonds and the refunding of a portion of the Issuer's
Revenue Bonds, Series 2002 (the "Refunded Bonds") shall be not
less than 2% of the outstanding principal of the Refunded Bonds.
Section 2. The County hereby authorizes and approves
the Preliminary Official Statement in substantially the form attached
hereto as Exhibit A which as been updated since adoption of
Resolution No. 200611, and further authorizes the preparation of a final
Official Statement by amending, supplementing and completing the updated
Preliminary Official Statement, and authorizes the execution of the final
Official Statement by the Chairman with such changes and additions thereto
as such official shall deem necessary or appropriate, such official's
signature thereon being conclusive evidence of such official's and the
County's approval thereof. The County hereby consents to the use and
public distribution by the Purchaser of the updated Preliminary Official
Statement and the final Official Statement in connection with the offering
for sale of the Series 2006 Bonds.
Section 3. For the purpose of enabling the Purchaser to
comply with the requirements of Rule 15c2-12(b)(1) of the Securities and
Exchange Commission (the "Rule"), the appropriate officers of
the County are hereby authorized: (a) covenant to provide continuous
secondary market disclosure by annually transmitting certain financial
information and operating data and other information necessary to comply
with the Rule to certain national repositories and the Municipal
Securities Rulemaking Board, as applicable; and (b) to take such other
actions or execute such other documents as such officers in their
reasonable judgment deem necessary to enable the Purchaser to comply with
the requirements of such Rule.
Section 4. The Chairman, Clerk and other officers and
representatives of the County, the Purchaser and Gilmore & Bell, P.C.,
Wichita, Kansas ("Bond Counsel") are hereby authorized and
directed to take such other action as may be necessary to carry out the
offering for sale of the Series 2006 Bonds.
Section 5. Resolution No. 200611 of the County, as
updated hereby, is ratified and confirmed.
Section 6. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED by the governing body on October 10, 2006
Commissioners approved the following documents:
Clerk's Journal Entries # 64
Clerk’s vouchers totaling $36,570.67
Payroll Changes
With no further business to come before the board, the
meeting was adjourned until October 17, 2006 at 8:30 a.m. in the
Commission room of the courthouse.
CERTIFICATE
I hereby certify that the foregoing Excerpt of Minutes
is a true and correct excerpt of the proceedings of the governing body of
the Allen County, Kansas, held on the date stated therein, and that the
official minutes of such proceedings are on file in my office.
(SEAL)
Clerk