EXCERPT OF MINUTES OF A MEETING
OF THE GOVERNING BODY OF
ALLEN COUNTY, KANSAS
HELD ON OCTOBER 24, 2006
The governing body of Allen County, Kansas (the
"County"), met in regular session at the usual meeting place in
the County at 8:30 a.m. The Chairperson Dick Works presided and the
following members of the governing body were present: Commissioner Walt
Regehr, Jr., Commissioner Kent Thompson and Sherrie L. Riebel, County
Clerk. The Chairperson declared that a quorum was present and called the
meeting to order.
Bruce Symes, Iola Register, and Peggy Gilliland were
present to monitor the meeting.
Commissioners corrected and approved the minutes of
October 17, 2006 meeting.
Alfred Link, Veteran’s Day Parade representative,
requested to have restrooms open in the courthouse during the parade,
10:30 to 12:30. Commissioners approved the request.
Bill King, Public Works Director requested Kim Riebel
carry over 58 hours of vacation. Commissioners approved the carryover but
to be used within 6 months.
Bill discussed AWOS routine maintenance contract with
ASMI out of Overland Park. Commissioners reviewed and discussed what is
covered in the contract. Commissioner Regehr moved to authorize the
chairman’s signature. Commissioner Thompson seconded, motion passed
3-0-0.
Bill requested authorization for Notice to Proceed for
Allen County Airport Parallel Taxiway Project AIP 03-20-0037. Commissioner
Regehr moved to authorize Kent Thompson to sign the Notice to Proceed with
Koss Construction Co., Inc., Commissioner Works seconded, motion passed
3-0-0.
Bill King, Public Works Director, Richard Johnson,
Martin Tractor, Jim Harris, Berry Tractor, were present to review bids.
Bill presented bids for a rubber-tired loader. Bids were received from
Martin Tractor for a 980 H Caterpillar, $390,929.00 less $49,500.00 trade
difference for a total of $341,429.00, 5 year / 5,000 hours on parts and
labor, no deductible on warrantable items, will perform annual inspections
and adjustments, 60-90 days delivery; Berry Tractor for a 2007 WA 500-6
Komatsu, $315,000.00 less $25,000.00 trade difference for a total of
$290,000.00, 5 year / 5,000 hours on full machine, no deductible or
mileage charges, 60days delivery. Each representative took turns
explaining their machine. Discussion followed. Whitaker Aggregates bid on
the 550 Hough for $27,755.00. No action was taken at this time.
Bill presented information to choose a consultant for
Bridge Project 1C-4012-01 (Bauer Bridge/4.2 miles west and 1.0 miles south
of Elsmore). Schwab-Eaton, Kaw Valley, Shafer Kline & Warren and Cook
Flatt and Strobel were passed to the Negotiating Committee. Kirkham
Michael stated they were to busy at this time to participate. Bill
presented a ranking form for the commission to review and make a decision
at next weeks meeting. The ranking is based on Commitment of staff,
equipment and facilities, ability to perform the desired services within
the time prescribed; past performance of firm, staff’s training schools
attendance, previous experience with similar work, work commitment which
could limit performance, accessibility of firms’ office, firm’s
familiarity with project area., and firm’s knowledge of project
procedures.
Commissioner Works stated the Humboldt Senior Center
needs immediate attention on their floor. Commissioners approved
Commissioner Works to get someone in there immediately.
Thomas R. Williams, Allen County Sheriff, thanked Bill
King and his employees for help during Reverend Phelps presence in Iola
during John Wood’s visitation. John was a soldier killed in Iraq.
Sheriff Williams discussed an accident between a
sheriff’s deputy and a highway patrolman.
Sheriff Williams requested a signature from the
commission for the annual KDOT Bureau of Traffic Safety "Click it or
Ticket" project. Commissioner Works moved to authorize Walt Regehr,
Jr. to sign this request. Commissioner Thompson seconded, motion passed
3-0-0.
Elaine Dugan, EMS Director, reported an ambulance hit a
deer last evening.
Elaine presented quotes for 20 EMS Jackets. Bids were
received from Shirt Shop for $42.00 each for a total of $840.00; Tioga
Territory for $52.75 for a total of $1,055.00; Galls for $51.98 for a
total of $1,039.60. Discussion followed on type and design. Commissioner
Thompson moved to authorize the purchase from the Shirt Shop. Commissioner
Regehr seconded, motion passed 3-0-0.
Elaine reviewed ambulance statistics for the last few
years to up to date.
Alan Weber, Allen County Counselor, Kevin Cowan,
Gilmore and Bell, Jean M. Barber, PBC President, Loren Korte, PBC Vice
President and Ronald D. Moore, PBC Secretary were present to review and
discuss the re-issuing of PBC Bonds.
Kevin explained Allen County refinancing the bond would
save over 2% of the overall cost of the bond but would not be able to have
an early payoff until 2010. He explained saving options for Allen County
and the Public Building Commission.
Thereupon, there was presented a Resolution #200614
entitled:
A RESOLUTION AUTHORIZING ALLEN COUNTY, KANSAS TO
ENTER INTO A SUPPLEMENTAL LEASE NO. 1, DATED NOVEMBER 1, 2006, WHICH
SUPPLEMENTS A LEASE BETWEEN THE COUNTY AND ALLEN COUNTY, KANSAS PUBLIC
BUILDING COMMISSION, DATED AS OF DECEMBER 15, 2002, WHEREBY THE COUNTY
WILL CONTINUE TO LEASE FROM THE PUBLIC BUILDING COMMISSION CERTAIN
PROPERTY; APPROVING THE FORM OF SAID SUPPLEMENTAL LEASE NO. 1; AND
AUTHORIZING THE EXECUTION THEREOF AND CERTAIN RELATED DOCUMENTS.
The Resolution was considered and discussed; and on
motion of Commissioner Thompson, seconded by Commissioner Regehr, 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. 200614 (the "Resolution") and was signed by the Chairperson
and attested by the County Clerk.
RESOLUTION NO. 200614
A RESOLUTION AUTHORIZING ALLEN COUNTY, KANSAS TO
ENTER INTO A SUPPLEMENTAL LEASE NO. 1, DATED NOVEMBER 1, 2006, WHICH
SUPPLEMENTS A LEASE BETWEEN THE COUNTY AND ALLEN COUNTY, KANSAS PUBLIC
BUILDING COMMISSION, DATED AS OF DECEMBER 15, 2002, WHEREBY THE COUNTY
WILL CONTINUE TO LEASE FROM THE PUBLIC BUILDING COMMISSION CERTAIN
PROPERTY; APPROVING THE FORM OF SAID SUPPLEMENTAL LEASE NO. 1; AND
AUTHORIZING THE EXECUTION THEREOF AND CERTAIN RELATED DOCUMENTS.
WHEREAS, the governing body of Allen County, Kansas
(the "County") has heretofore by resolution declared it
necessary 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 heretofore leased from the County
certain land (the "Land") pursuant to a Base Lease dated as of
December 15, 2002 (the "Base Lease"), issued its Revenue Bonds
in an aggregate amount of $2,900,000 (the "Series 2002 Bonds")
to finance the Project (with the Land, jointly the "Facility")
and has leased the Facility to the County pursuant to a Lease dated as of
December 15, 2002 (the "Original Lease") with the County to
provide a source of revenues for payment of principal and interest on
those bonds; and
WHEREAS, the PBC has deemed it advisable to provide for
the refinancing of the Facility and refunding the Series 2002 Bonds
maturing in the years 2011-2023, inclusive (the "Refunded
Bonds"), by the issuance of refunding revenue bonds in the amount of
$2,255,000 (the "Refunding Bonds"); and
WHEREAS, in connection with the issuance of such
Refunding Bonds, the governing body finds it necessary and advisable to
entered into a Supplemental Lease No. 1, which supplements the Original
Lease, to ratify the Original Lease and the Base Lease; and to authorize
certain other actions and documents related thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
ALLEN COUNTY, KANSAS:
SECTION 1. The Bond Purchase Agreement among the PBC,
the County and Piper Jaffray & Co., dated as of October 24, 2006,
whereby Piper Jaffray & Co., as Purchaser, has agreed to purchase the
Refunding Bonds from the PBC upon the terms and conditions set forth
therein, in substantially the form presented to this meeting of the
governing body, is in all material respects approved, authorized and
confirmed. The Chairperson and the County Clerk are hereby authorized and
directed to affix their signatures and the seal of the County to the Bond
Purchase Agreement, for and on behalf of the County, with such changes
therein as the County Counselor may deem necessary or appropriate.
SECTION 2. The Supplemental Lease No. 1, in
substantially the form presented to this meeting of the governing body, is
in all material respects approved, authorized and confirmed. The
Chairperson and the County Clerk are hereby authorized and directed to
affix their signatures and the seal of the County to Supplemental Lease
No. 1, for and on behalf of the County, with such changes therein as the
County Counselor may deem necessary or appropriate. The Base Lease and
Original Lease (with Supplemental Lease No. 1, jointly the
"Lease") are hereby ratified and confirmed, and, except as the
Original Lease is supplemented by Supplemental Lease No. 1, continue in
full force and effect.
The final Official Statement is hereby authorized to be
prepared by supplementing, amending or completing the Preliminary Official
Statement, with such changes and additions thereto as are necessary to
confirm to and describe the transaction. The Chairperson is hereby
authorized to execute the final Official Statement as so supplemented,
amended and completed, and the use and public distribution of the final
Official Statement by the Purchaser in connection with the reoffering of
the Refunding Bonds is hereby authorized. The proper officials of the
County are hereby authorized to execute and deliver a certificate
pertaining to such Official Statement as prescribed therein, dated as of
the date of payment for an delivery of the Refunding Bonds.
The County agrees to provide to the Purchaser within
seven business days of the date of the sale of the Refunding Bonds
sufficient copies of the final Official Statement to enable the Purchaser
to comply with the requirements of Rule 15c2-12(b)(4) of the Securities
and Exchange Commission and with the requirements of Rule G-32 of the
Municipal Securities Rulemaking Board.
SECTION 4. The Chairperson 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 5. All action heretofore taken (not
inconsistent with the provisions of this Resolution) by the County or the
officials of the County, is hereby ratified, authorized and approved.
SECTION 6. 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 October 24, 2006.
