Board of Supervisors Minutes May 2002

Board of Supervisors Minutes

May 2002

May 2, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, May 2, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Chairman Aistrope to sign contracts and bonds for Schaaf Box with Glen Jordon Construction, Project L-6-14-1. Motion was seconded by Hickey, carrying unanimously.

The County Recorder’s Report of Fees Collected was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 7, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 7, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the canvass of the Imogene Special City Election for Rural Water Franchise held on Tuesday, April 30, 2002, was held. There were thirteen votes cast in favor of the question and zero against the question. The franchise was approved one hundred percent.

At 9:30 a.m. Patty Lundgren met with the Board to request a letter of support for Grape Community Hospital to purchase a new CT Scanner with Dry Laser Camera and purchase the existing building to house the CT Scanner New Mammography Unit. Motion was made by Whipple to authorize Chairman Aistrope to sign the letter of support that to the best of their knowledge the services to be provided by Grape Community Hospital are consistent with the needs of the community and cannot be furnished by this public body and that the service does not adversely impact other similar services in our community. Motion was seconded by Hickey and carried unanimously.

At 10:00 a.m. the bid opening to purchase a road grader was held. Dan Davis, Mike Batenhorst, Chris Larson and Steve Goins were present. Trade-in is a 1997 John Deere 770CH DW770CH562771. Bids received were: from Murphy Tractor & Equipment Co., Inc., Omaha, NE – John Deere 770CH Series II with trade $81,800.00; from Ziegler, Inc., Des Moines, IA – 2002 Caterpillar 140H with trade $116,916.00. After discussion Whipple moved to approve the purchase of the John Deere 770CH Series II for $81,800.00 with trade in of the 1997 John Deere 770 CH from Murphy Tractor & Equipment Co., Inc. Motion was seconded by Hickey and carried unanimously.

RESOLUTION FOR TEMPORARY ROAD CLOSING AND DETOUR DESIGNATION

WHEREAS, Chapter 306, Section 306.41 of the Code of Iowa, provides for the temporary closing of a highway for construction, reconstruction, maintenance or natural disaster, and that any numbered road closed for over forty-eight hours shall have a designated detour route, and

WHEREAS, construction work is beginning on Project BROS-CO36(27)—5F-36. Deer Creek Bridge Replacement, on County Route L68 (330 Avenue) in Riverside Township. This road will require temporary closing from near the intersection of 110^th Street at the NW Corner of Section 10, T70N-R41W, thence South 1.0 mile to the Intersection of Iowa Highway 184, and

WHEREAS, the detour route shall begin at the intersection of County Route L68 and Highway 184 at the Southwest Corner of Section 10, T70N-R41W; thence East on Highway 184, 3.0 miles to the intersection of County Route M16 at the Southeast Corner of Section 12, T70N-R41W; thence North on M16 (360^th Avenue), 2.0 miles to the intersection of Waubonsie Avenue at the Northeast Corner of Section 1, T70N-R41W; thence West 3.0 miles on Waubonsie Avenue to the intersection of L68 (330^th Avenue) and terminating at that point.

NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Fremont County that the above-described road be temporarily closed and the detour established as necessary until such time as said construction or reconstruction work has been completed.

Motion to approve made by Hickey, seconded by Whipple.

Approved this 7^th day of May, 2002.

ATTEST:

/s/ Lucille Hunt                                        /s/ David Aistrope, Chairman   aye
Fremont County Auditor                        /s/ Keith Hickey                          aye
                                                                 /s/ John E. Whipple                          aye

Dan Davis and the Board completed an ICEA survey as to proposed changes in road use tax funding.

At 10:40 a.m. Randy Roup, representing the City of Sidney, met with the Board at the request of the Board of Supervisors in regard to the county being billed for six streetlights on the courthouse side of the square. The Supervisors said they have been questioning why the county is receiving bills for electricity from the City of Sidney. After hearing from MidAmerican Energy the Supervisors learned that the lights in the yard and the memorials are on the county billing. Randy said he would take the message to the City Council meeting next week.

In other business the Sheriff’s Monthly Report of Fees Collected was approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 9, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, May 9, 2002, in the Fremont County Courthouse, Boardroom, with Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously. Aistrope was attending a SWIPCO meeting in Atlantic.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to authorize Vice Chairman Hickey to sign a work in ROW permit for MidAmerican Energy for underground construction of 800’ primary electric on 260^th St in Section 33-68N-R42W (Rodney McGinley property). Motion carried unanimously.

The Board discussed an amendment for the Sheriff’s department. After reviewing the expenses for the Sheriff’s department, the Board put together an amendment of $24,170.00 for increased telephone expense, uniform patrol overtime and GPS system. This amount will bring the department to 83.75 percent and will be in line to where the department should be at this time of year.

At 10:30 a.m. Kevin Vander Kolk PE, Electrical Engineer from Farris Engineering met with the Board in regards to rewiring the Courthouse. DP Coordinator Arnold Emberton and Steve Whitehead were present. The engineering firm will put all proposals together and the project will be bid.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor Keith Hickey, Vice-Chairman

May 14, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 14, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. the following resolution was approved.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 14^th day of May, 2002, that the following change in appropriation be made: Increase 01000-09000-424-01 by $12,000

Decrease 01000-09210-464-99 by $12,000

Motion to approve made by Whipple, seconded by Hickey, carried unanimously.

ATTEST:

At 10:00 a.m. the Board of Supervisors met with the Board of Health. Motion was made by Whipple to approve the contract for Home Health Services with the Iowa Department of Public Health. Motion was seconded by Hickey, carrying unanimously. The Board then attended the Board of Health meeting.

Payroll for May 17, 2002 and the following claims were approved. Claim numbers 20416, 20424 and 20447 were not approved.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 16, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, May 16, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:15 a.m. County Engineer Dan Davis met with the Board. The following resolution was approved.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors that the following salaries be in effect commencing on the 1^st day of July 2002, for the supervisory and non-union personnel in the Secondary Road Department.

ASSISTANT TO COUNTY ENGINEER: $17.96 per hour salary
FOREMAN: $15.76 per hour salary
ADMINISTRATIVE ASSISTANT: $12.88 per hour salary

Motion is hereby made by Whipple, seconded by Hickey to adopt this resolution.

Dated this 16^th day of May, 2002.

ATTEST:

/s/ Lucille Hunt                                                        /s/ David Aistrope, Chairman aye
Fremont County Auditor                                         /s/ Keith Hickey                         aye
                                                                                  /s/ John E. Whipple                   aye

Motion was made by Hickey to authorize Chairman Aistrope to sign an IDOT payment voucher with Kirkham Michael for inspection costs on the J34 Project. Motion was seconded by Whipple and carried unanimously.

At 10:00 a.m. motion was made by Hickey, seconded by Whipple, carrying unanimously, to approve a resolution ordering the Treasurer to suspend taxes pursuant to Iowa Code Section 427.9 in regards to a notification received from the Department of Human Services.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 21, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 21, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Whipple to approve payment to Nielsen, Mayne Architecture for Phase One Feasibility/Concept Planning Study for the County Shops. Motion was seconded by Hickey and carried unanimously. County Engineer Dan Davis and the Board discussed his contract for the next two fiscal years.

At 9:30 a.m. Sandra Sillers, CPC, met with the Board. After discussion Whipple made a motion to authorize Chairman Aistrope to sign the Fremont County Proposed Case Management Budget for 2003. Motion was seconded by Hickey and carried unanimously.

At 10:00 a.m. motion was made by Hickey, seconded by Whipple, carrying unanimously, to continue the hearing on the designation of Waubonsie Ridge as an urban renewal area until 9:30 a.m., Tuesday, May 28, 2002, in order for the Board of Supervisors to meet with the Zoning Commission.

The Board of Supervisors received a proposal from Farris Engineering for rewiring the Courthouse. They forwarded the proposal to County Attorney Vicki Danley to review before approving the proposal. The proposal is on the agenda on Tuesday, May 28, 2002, at 10:30 a.m.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 23, 2002:

The Fremont County Board of Supervisors met in regular session on Thursday, May 23, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Hickey moved to approve the agenda as posted; vote carried unanimously. Supervisor Hickey moved to approve the minutes of the previous Board session; vote carried unanimously.

There being no further business, motion for adjournment was made.

At 10:00 a.m. Supervisor Aistrope left to attend a SWIPCO meeting and Hickey left to attend an Alcohol and Drug Assistance Agency meeting.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

May 28, 2002:

The Fremont County Board of Supervisors met in regular session on Tuesday, May 28, 2002, in the Fremont County Courthouse, Boardroom, with Aistrope, Hickey and Whipple present. A quorum was declared and the meeting officially called to order at 9:00 a.m. Whipple moved to approve the agenda as posted; vote carried unanimously. Supervisor Whipple moved to approve the minutes of the previous Board session; vote carried unanimously.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Hickey to authorize Chairman Aistrope to sign an application for underground construction county right of way to Page I Rural Water District for underground construction of water line service to 4017 Manti Road to connect to an existing line on the south side of Manti Road to a farmstead on the north side, three miles east of Farragut in Section 35 in Fisher Township. Motion was seconded by Whipple and carried unanimously. Motion was made by Hickey to approve the employment contract and agreement between Fremont County and County Engineer Dan Davis for the next two fiscal years. Motion was seconded by Whipple and carried unanimously.

At 9:30 a.m. the continuance of the public hearing for the designation of Waubonsie Ridge as an Urban Renewal Area, a proposed urban renewal plan and project and the approval of a development agreement. Chairman Aistrope presided and the roll being called, the following members of the Board were present: Aistrope, Hickey and Whipple. The Board investigated and found that notice of the intention of the Board to conduct a public hearing on the designation of the Waubonsie Ridge Urban Renewal Area, on an urban renewal plan and project, and on a Development Agreement between the County and GMNW Investments, LLC had been published according to law and as directed by the Board and that this is the time and place at which the Board shall receive oral or written objections from any resident or property owner of the County. All written objections, statements, and evidence theretofore filed were reported to the Board, and all oral objections, statements, and all other exhibits presented were considered. The minutes of Tuesday, April 23, 2002, regarding the initial public hearing were read. There was no one present at the hearing and no further oral objections, statements, and other exhibits were presented. The proposed urban renewal plan and project was submitted to the Planning and Zoning Commission of the County and the Commission did not submit a report to the Board within the thirty days after its receipt of the plan. There being no further objections, comments, or evidence offered, Chairman Aistrope announced the hearing closed. Supervisor Whipple moved the adoption of a resolution entitled "A Resolution to Declare Necessity and Establish an Urban Renewal Area, Pursuant to Section 403.4 of the Code of Iowa and Approve Urban Renewal Plan and Project for the Waubonsie Ridge Urban Renewal Area and Approve the Development Agreement", seconded by Supervisor Hickey. After due consideration, Chairman Aistrope put the question on the motion and the roll being called, the following Supervisors voted: Ayes: Hickey, Whipple and Aistrope. Nays: None. Whereupon, Chairman Aistrope declared the resolution duly adopted and signed approval thereto.

RESOLUTION NO. 2002-35 A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan and project for the Waubonsie Ridge Urban Renewal Area and approve Development Agreement

WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa, the "Urban Renewal Law," a county must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the county and that the rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the county; and

WHEREAS, it has been recommended that an urban renewal area be established within the boundaries set out in Exhibit A to this Resolution; and

WHEREAS, a study has been conducted of the area identified above for the purpose of establishing the need to designate the area as being appropriate for residential development; and

WHEREAS, the study found that sufficient need exists to warrant finding the area an economic development area; and

WHEREAS, a notice of a public hearing by the Board of Supervisors on the question of establishing the area identified above as an urban renewal area and on a proposed urban renewal plan and project for the area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Board has conducted said hearing; and

WHEREAS, the proposed urban renewal plan and project were submitted to the Planning and Zoning Commission of the County, and the Commission did not submit a report to the Board within 30 days after its receipt of the plan; and

WHEREAS, copies of the urban renewal plan, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan were mailed to Sidney Community School District and Iowa Western Community College; the consultation meeting was held on the 23^rd day of April, 2002; and responses to any comments or recommendations received following the consultation meeting were made as required by law; and

WHEREAS, the County proposes to enter into an agreement (the "Development Agreement") with GMNW Investments, LLCC, (the "Company") with respect to the development of a residential subdivision in the county (the "Waubonsie Ridge Project"); and

WHEREAS, the Development Agreement would provide property tax incentives to the Company in the form of incremental property tax rebates for a period of ten years under the authority of Section 403.9(1) of the Code of Iowa; and

WHEREAS, Chapter 15A of the Code of Iowa ("Chapter 15A") declares that economic development is a public purpose for which a County may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and

WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a Board of Supervisors must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and

WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a Board of Supervisors must consider any or all of a series of factors;

NOW, THEREFORE, It is Resolved by the Board of Supervisors of Fremont County, Iowa, as follows:

Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa is found to exist within the boundaries set out in Exhibit A.

Section 2. The area identified in Section 1 hereof his hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the Waubonsie Ridge Urban Renewal Area.

Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of Fremont County, Iowa.

Section 4. It is hereby determined by this Board as follows:

A. The proposed urban renewal plan conforms to the general plan of the County as a whole.

B. Proposed residential development in the urban renewal area is necessary and appropriate to facilitate the proper growth and development of the County in accordance with sound planning standards and local community objectives.

Section 5. The urban renewal plan for the Waubonsie Ridge Urban Renewall Area is made a part hereof and is hereby in all respects approved in the form presented to this Board, and the proposed project for such area based upon such plan is hereby in all respects approved.

Section 6. Pursuant to the factors listed in Chapter 15A, the Board hereby finds that:

(a) The Waubonsie Ridge Project will add diversity and generate new opportunities for the Fremont County and Iowa economies;

(b) The Waubonsie Ridge Project will generate public gains and benefits, particularly in the creation of new jobs and the construction of new housing, which are warranted in comparison to the amount of the proposed property tax incentives.

Section 7. The Board further finds that a public purpose will reasonably be accomplished by entering into the Development Agreement and providing the property tax rebates to the Company.

Section 8. The Development Agreement is hereby approved and the Chairperson and County Auditor are hereby authorized and directed to execute and deliver the Development Agreement on behalf of the County, in substantially the form and content in which the Development Agreement has been presented to this Board, and such officers are also authorized to make such changes, modifications, additions or deletions as they, with the advice of bond counsel, may believe to be necessary, and to take such actions as may be necessary to carry out the provisions of the Development.

Section 9. As provided and required by Chapter 403 of the Code of Iowa and Section 4 03.9, the County’s obligations under the Development Agreement shall be payable solely from the income and proceeds of the Urban Renewal Tax Revenue Fund created as part of the ordinance which provides for the division of taxes levied on property in the Waubonsie Ridge Urban Renewal Area (the "Fund").

Section 10. The County hereby pledges to the payment of the Development Agreement the Fund and the taxes referred to in Subsection 2 of Section 403.10 of the Code of Iowa to be paid into such Fund.

Section 11. After its adoption, a copy of this resolution shall be filed in the office of the County Auditor to evidence the continuing pledging of the Fund and the portion of taxes to be paid into such Fund and, pursuant to the direction of Section 403.19 of the Code of Iowa, the Auditor shall allocate the taxes in accordance therewith and in accordance with the tax allocation ordinance referred to in the preamble hereof.

Section 12. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict.

Passed and approved May 29, 2002.

ATTEST:

/s/ Lucille Hunt /s/ David Aistrope
County Auditor Chairperson

EXHIBIT A

LEGAL DESCRIPTION

Waubonsie Ridge Urban Renewal Area

The East 14 acres of the Southeast quarter of the Southeast quarter of Section 21, and the Northwest quarter of the Southwest quarter of Section 22, excepting 8 acres described as follows:

Commencing 26 rods north of the Southwest corner of said Northwest quarter of the Southwest quarter of Section 22, thence North 54 rods, thence East 30 rods and 11 feet, thence South 30 rods, thence southwesterly to the place of beginning.

Also, the Southwest quarter of the Southwest quarter of Section 22, (excepting therefrom easements to the State of Iowa for highway purposes and also 1.97 acres conveyed to the State of Iowa for highway purposes), all in Township 68 North, Range 42 West of the Fifth Principal Meridian, in Fremont County, Iowa. (Also known as Lots 1 thru 25 Waubsonsie Ridge)

STATE OF IOWA

COUNTY OF FREMONT SS:

I, the undersigned, do hereby certify that I am the duly elected, qualified and acting County Auditor of the County aforementioned, and that as such I have in my possession or have access to the complete corporate records of the County and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the Board preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan and project for the Waubonsie Ridge Urban Renewal Area.

WITNESS MY HAND and the seal of the County hereto affixed this 28^th day of May, 2002.

/s/ Lucille Hunt
County Auditor

STATE OF IOWA

COUNTY OF FREMONT SS:

I, the undersigned, County Auditor of the aforementioned County, in the State of Iowa, do hereby certify that on the 28^th day of May, 2002, there was filed in my office a certified copy of a resolution of such County shown to have been adopted by the Board of Supervisors and approved by the Chairperson thereof on May 28, 2002, entitled: "Resolution to declare necessity and establish an urban renewal area, pursuant to Section 402.4 of the Code of Iowa and approve urban renewal plan and project for the Waubonsie Ridge Urban Renewal Area and approve Development Agreement," and that I have duly placed he copy of the resolution on file in my records.

WITNESS MY HAND and the seal of the County hereto affixed this 28^th day of May, 2002.

/s/ Lucille Hunt
County Auditor

Chairman Aistrope introduced an ordinance entitled "Ordinance No. 2002-2". An Ordinance providing for the division of taxes levied on taxable property in the Waubonsie Ridge Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa. It was moved by Supervisor Whipple and seconded by Supervisor Hickey that the aforementioned ordinance be adopted. Chairman Aistrope put the question on the motion and roll being called, the following named Supervisors voted: Ayes: Hickey, Whipple, Aistrope. Nays: None. Whereupon, Chairman Aistrope declared the motion duly carried and declared that said ordinance had been given its initial passage. It was moved by Supervisor Whipple and seconded by Supervisor Hickey that the statutory rule requiring said ordinance to be considered and voted on for passage at two Board meetings prior to the meeting at which it is to be finally passed be suspended. Chairman Aistrope put the question on the motion and the roll being called, the following named Supervisors voted: Ayes: Hickey, Whipple and Aistrope. Nays: None. Whereupon Chairman Aistrope declared the motion duly carried. It was moved by Supervisor Whipple and seconded by Supervisor Hickey that the ordinance entitled "Ordinance No. 2002-2, An Ordinance providing for the division of taxes levied on taxable property in the Waubonsie Ridge Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa", now be put upon its final passage and adoption. Chairman Aistrope put the question on the final passage and adoption of said ordinance and the roll being called, the following named Supervisors voted: Ayes: Hickey, Whipple and Aistrope. Nays: None. Whereupon, Chairman Aistrope declared the motion duly carried and said ordinance duly adopted, as follows:

ORDINANCE NO. 2002-2 An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the Waubonsie Ridge Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa

BE IT ENACTED by the Board of Supervisors of Fremont County, Iowa:

Section 1. Purpose. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the Waubonsie Ridge Urban Renewal Area, each year by and for the benefit of the state, county, school districts or other taxing districts after the effective date of this ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by Fremont County to finance projects in such area.

Section 2. Definitions. For use within this ordinance the following terms shall have the following meanings:

"County shall mean Fremont County, Iowa.

"Urban Renewal Area" shall mean the Waubonsie Ridge Renewal Area, the boundaries of which are set out below, such area having been identified in the Urban Renewal Plan approved by the Board of Supervisors by resolution adopted on May 28, 2002:

The East 14 acres of the Southeast quarter of the Southeast quarter of Section 21, and the Northwest quarter of Section 22, excepting 8 acres described as follows:

Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the County and any school district or other taxing district in which the Urban Renewal Area is located, shall be divided as follows:

(a) that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the Board of Supervisors certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in paragraph (b) below, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban Renewal Area on the effective date of this ordinance, but to which the territory has been annexed or otherwise included after the effective date, the assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban Renewal Area to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area.

(b) that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the County to pay the principal of and interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9(1), of the Code of Iowa, incurred by the County to finance or refinance, in whole or in part, projects in the Urban Renewal Area, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taxing district without limitation by the provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to in subsection (a) of this section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property.

(c) the portion of taxes mentioned in subsection (b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the County for the payment of the principal and interest on loans, advances, bonds issued under the authority of Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the County to finance or refinance in whole or in part projects in the Urban Renewal Area.

(d) as used in this section, the work "taxes" includes, but is not limited to, all levies on or ad valorem basis upon land or real property.

Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 5. Saving Clause. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

Section 6. Effective Date. This ordinance shall be effective after its final passage, approval and publication as provided by law.

Passed an approved by the Board of Supervisors of Fremont County, Iowa, on May 28, 2002.

ATTEST:

/s/ Lucille Hunt /s/ David Aistrope
County Auditor Chairperson

STATE OF IOWA

COUNTY OF FREMONT SS:

I, the undersigned County Auditor, do hereby certify that the attached is a true, correct and complete copy of all records of the Board of Supervisors of such County relating to the adoption of an ordinance entitled "Ordinance No. 2002-2. An Ordinance providing for the division of taxes levied on taxable property in the Waubonsie Ridge Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa."

WITNESS MY HAND and the seal of the County hereto affixed this 28^th day of May, 2002.

/s/ Lucille Hunt
County Auditor

STATE OF IOWA

COUNTY OF FREMONT SS:

I, the undersigned, County Auditor for the aforementioned County, in the State of Iowa, do hereby certify that on the 28^th day of May, 2002, there was filed in my office a copy of an ordinance of such County shown to have been adopted by the Board of Supervisors and approved by the Chairperson thereof on May 28, 2002, entitled: "Ordinance No. 2002-2. An Ordinance providing for the division of taxes levied on taxable property in the Waubonsie Ridge Urban Renewal Area, pursuant to Section 403.19 of the Code of Iowa," and that I have duly placed a copy of the ordinance on file in my records.

WITNESS MY HAND and the seal of the County hereto affixed this 28^th day of May, 2002.

/s/ Lucille Hunt
County Auditor

Motion was made by Whipple to authorize Chairman Aistrope to sign the following Development Agreement between the Board of Supervisors of Fremont County and GMNW Investments, LLC. Motion was seconded by Hickey and carried unanimously. (Development Agreement on file in Fremont County Auditor’s Office).

At 10:00 a.m. Chairman Aistrope opened the public hearing for fiscal year 2001/2002 budget amendment. The proposed amendment was published according to Iowa Code. Present were Hickey, Whipple, Aistrope and Auditor Lucille Hunt. There were no objections to the budget amendment. Motion was made by Hickey, seconded by Whipple to approve the amended amount of $24,170 for the Sheriff ‘s department to the current fiscal year budget for 2001/2002. Motion carried unanimously. Chairman Aistrope announced the hearing closed.

RESOLUTION: BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 28^th day of May, 2002, that the following change in appropriation be made:

Expenditures:

Increase 01000-01000-104-37 + $ 4,500
Increase 01000-01000-635-05 + $12,170
Increase 01000-01060-414-05 + $ 7,500

Motion to approve made by Hickey, seconded by Whipple, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                     /s/ David Aistrope, Chairman   aye
Fremont County Auditor                     /s/ Keith Hickey                          aye
                                                              /s/ John E. Whipple                    aye

At 10:30 a.m. the Board reviewed the proposal for updating the Courthouse electrical systems from Farris Engineering. County Attorney Vicki Danley advised the Board to approve the proposal as she revised it. Motion was made by Hickey to approve the proposal from Farris Engineering for electrical engineering design services as revised by County Attorney Danley. Motion was seconded by Whipple and carried unanimously.

There being no further business, motion for adjournment was made.

ATTEST:

Fremont County Auditor David Aistrope, Chairman

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