Cost of this publication: 756.25
Fiscal year to date cost
(as of 7/1/23): 8658.68
THE JOHNSON COUNTY BOARD OF SUPERVISORS
FORMAL MEETING MINUTES
DECEMBER 21, 2023
Ordinances and resolutions adopted by the Board of Supervisors are only summarized in the published minutes; the full text may be inspected at the Office of the County Auditor, 913 S. Dubuque Street, Iowa City, Mon. thru Fri., between 8:00 a.m. and 5:00 p.m. and at www.johnsoncountyiowa.gov.
Chairperson Green-Douglass called the Johnson County Board of Supervisors to order in the Johnson County Health and Human Services Boardroom at 9:02 a.m. Members present: V Fixmer-Oraiz, Jon Green, Lisa Green-Douglass, Royceann Porter, and Rod Sullivan.
Unless otherwise noted, all actions were taken unanimously.
RESOLUTION NO. 12-21-23-01
RESOLUTION IN SUPPORT OF MANUFACTURED HOUSING PARK RESIDENTS
Summary: Manufactured housing park residents have protested new changes since their parks were purchased by out-of-state investors. The laxity of State laws promote out-of-state investors purchasing whole neighborhoods that place our residents in jeopardy. The Board recognizes the importance of manufactured housing parks in our community’s housing stock. Leaders of government and throughout the community need to work together to solve the collective problem of the lack of rights of manufactured housing park residents. Board Action: Resolved that we see and hear manufactured housing park residents as they speak out on the unfairness, and offer gratitude for organizing and speaking out. We add the voice of the County to the calls for reducing the amount and frequency of rent increases, to restore park maintenance and other services previously relied upon prior to ownership changing to out-of-state investment corporations, and to fix State laws to address the unfairness that makes so many of our residents vulnerable to becoming the prey of unscrupulous investors, including but not limited to our endorsement of: 1) Statewide rent protections against unjustified rent increases, including a cap on frequency and percentage of rent increases and longer notice period for proposed increases; 2) A requirement that owners show good cause before evicting a resident; 3) Laws requiring fees to be capped at reasonable levels and tied to good cause so that owners cannot circumvent rent protections; 4) Laws that require fair leases that spell out park owners’ responsibilities to maintain clean and safe parks and prohibit abusive lease provisions; and 5) Laws giving residents the first right of purchase should an owner desire to sell the property, with a reasonable amount of time for residents to pursue local ownership. We call upon State lawmakers, if not willing to make the above changes to State law, to restore the ability of local communities to exercise home rule and remove barriers to the enactment of local ordinances that would accomplish the above list of goals. We support ongoing efforts by local governments to improve the safety and stability of residents in manufactured housing parks. We direct County staff to work with residents and other local governmental and non-governmental entities to work toward the principles and goals stated within this resolution. Motion by Sullivan, second by Fixmer-Oraiz, to approve Resolution No. 12-21-23-01 effective December 21, 2023. The Iowa Manufactured Home Residents’ Network representatives Candace J. Evans, Carol Graves, Lynda Parrish and Jennifer Scherer shared their experiences living in the manufactured housing parks, highlighted negative impacts on parks since new ownership has taken over, and shared results from a recent survey of manufactured housing park residents.
Motion by Fixmer-Oraiz, second by Sullivan, to approve the claims on the Auditor’s Claim Register for December 21, 2023.
4 Cs Community Coord 10163.08
611 N Johnson Llc 700.00
Abbe Center For Com 289188.75
Abbehealth Inc 67459.73
Access Technologies Inc 39.21
Ace Reporting 1079.00
Action Sewer & Septic 135.00
Active Shooter K9 900.00
Active911 Inc 1282.50
Adam Grier 145.00
Advanced Correctional He 4.71
Aging Services Dba Pa 2076.00
Airgas Usa Llc 133.01
Alexandria Manor Apts 690.00
Amazon.Com Capital Ser 817.44
American Legion Post 22 90.00
Amn Language Services 14.90
Anne E Rippentrop 25996.82
Ap Technology 561.91
Arnold Motor Supply Ll 176.67
At&T Mobility 2180.65
Axium Campus Housing L 700.00
B&H Photo Video Pro Aud 91.49
Bankers Ad Co 576.56
Barker Partnership 750.00
Benton County Sheriff 432.34
Billion Of Iowa City 14.39
Bluepath Finance Fc I 1667.28
Bound Tree Medical Ll 2191.60
Brandt Alberhasky Llc 630.00
Buchanan County Sherif 138.25
Builders Of Hope Glob 4952.42
Cameron Johnson 90.00
Caring Hands & More L 1060.02
Ccl Supply 744.72
Cedar Valley Communit 8630.00
Cedar Valley Ranch I 48865.33
Centurylink 126.10
Challenge To Change 24600.00
Charm-Tex Inc 722.90
Chris Edwards 17.03
City Of Iowa City 31.69
City Of Iowa City - Lan 72.50
City Of Iowa City - Uti 25.00
City Of Iowa City-Ac 24267.88
City Of North Liberty 84.59
City Tractor Co 226.56
Cj Cooper & Associates 45.00
Coffelt & Zwick Holdi 1450.00
Community Care Of Kno 4746.60
Community Crisis Serv 5675.00
Community Memorial Hosp 55.00
Confluence Inc 9519.00
Consumers Cooperative 2864.64
Cozy Corner Adult Day 5744.70
Cr Care Pharmacy 202.34
Critical Hire 120.00
Cummins Inc 234.68
Custom Hose & Supplies 36.90
Dana W Aschenbrenner 120.00
Danas Investments Llc 750.00
Daniel L Grady 90.00
David G Baumgartner 338.60
Dawn Alam 222.24
Delaware County Sherif 378.75
Delaware Dubuque Jacks 172.16
Delta Dental Of Iowa 7511.24
Demetrius A Marlowe 474.74
Disaster Management Sy 233.54
Division Of Labor/Elev 175.00
Dkc Real Estate Llc 750.00
Dream City 2805.57
Dubuque County Sherif 5296.00
Dumars Properties Llc 850.00
Eastern Iowa Light & Po 20.25
Eastern Iowa Tire Inc 3952.21
Evergreen Estates 827.80
Exceptional Persons In 146.10
Fidelity Security Lif 3510.60
Four Oaks Family And C 225.00
Fredregill Family Fun 1710.00
Gabriel Stutzman 148.80
Galls Llc 196.93
Gatr Truck Center 395.43
George Rodney Alberhas 800.00
Glenwood Phoenix Condo 850.00
Golfview Estates Llc 850.00
Good Guys Auto Care Ll 810.97
Grainger 31.65
Grant Wood Aea 4752.75
Greater Ic Housing Fel 750.00
Guardians Of Ne Iowa 2350.00
Hacap 5821.08
Hawkeye Weld & Repair 658.25
Hayek Moreland Smith & 294.70
Heartland Business Sy 1248.75
Heartland Shredding In 117.00
Heartland Strategies 7500.00
Hillcrest Family Se 147955.79
Holiday Mobile Home C 1950.00
Hy-Vee 5193.68
Hy-Vee #1080 35.00
Hy-Vee #1281 605.14
Imagine The Possibili 8616.96
Ines Beltre 954.00
Inside Out Reentry Inc 500.00
Institute Of Iowa Cert 375.00
Interactive Data Llc 268.75
Iowa City Area Develop 140.00
Iowa County Transport 2666.86
Iowa Department Of Tra 480.00
Iowa Paper Inc 3083.07
Iowa River Mobile Home 420.00
Iowa Valley Rc&D 6304.72
Irish Reporting Inc 127.65
J & J Real Estate 610.00
Janice Binder Attorney 146.00
Jasro Llc 750.00
Jim’s Instrument Mfg I 162.00
Jm Rentals Llc 850.00
Joey Lande 135.00
John Hannaford 118.17
Johnson County Afford 4385.44
Johnson County Refuse 952.41
Johnson County Seats 15852.96
Johnson County Second 1674.47
Johnson County Sherif 8778.40
Joo Yeon Lee 438.00
Jz Orchard Holdings Ll 800.00
Kelly D Steele Attorne 340.00
Kelly Family Partnersh 695.00
Kirkwood Community Col 145.00
Koch Office Group 1787.50
Ks Properties Llc 700.00
Larrabee Center Inc 1574.08
Laura Jennifer Semprini 75.00
Linn County Access 161713.07
Linn County Rec 793.71
Linn County Sheriff 64.95
Lionheart Early Learni 500.00
Logan Nash 60.00
Mac Real Estate Llc 700.00
Madison National Life 6172.86
Mailing Services Inc 3522.01
Martin Equipment Of Il 183.32
Mary J Thomasson 70.00
Matthew Joiner Lozier 700.00
Maya Simon 255.00
Mccomas Lacina Cons 280602.45
Mcgrath Toyota Of Iowa 96.30
Mckesson Medical Surgi 439.28
Mechanical Service 2634.55
Medical Associates Cli 718.00
Menards - Iowa City 951.81
Michael Joseph Jesse 55.02
Mid American Energy 10748.84
Midwest Janitorial Se 2530.70
Mms Consultants Inc 3514.16
Mobil 1 Lube Express 130.80
Modern Manor Inc 1132.00
Monticello Express & S 145.19
Nami Dubuque 17972.07
Napa Auto Parts 845.22
Nest Property Managem 5290.00
Night Owl Support Syst 285.00
North Iowa Juvenile De 967.43
Occupational Research 891.00
Office Express Office 321.32
Om Home Llc 225.00
Ottsen Oil Co 4165.80
Pace Property Manageme 700.00
Pacific Interpreters 21.00
Parts Authority Llc 52.86
Patricia D Desjardins 962.05
Pitney Bowes Global Fi 171.99
Prima 385.00
Prime Properties 750.00
Pro Clean Auto Detaili 315.00
Psc Distribution 313.18
Purple Bloom School L 9456.94
Pyramid Services Inc. 80.81
Quadient Inc 4333.00
Rapids Reproductions I 476.92
Redfinch Investments L 850.00
Reiland Rentals C/O Km 850.00
Rex’s Refills 389.92
Ricoh Usa Inc 86.19
Rise Counseling & Cons 413.66
River Products Co 6042.76
Sandra Redmond 171.50
Schweitzer & Bajric 1000.10
Sean Michael Davis 450.00
Sector Technology Gr 50120.95
Sharon Telephone Comp 1159.84
Shelter House Commun 41300.00
Solon Community Schoo 7812.68
Southgate Property Ma 2550.00
Spee Dee Delivery Servi 20.30
Spok Inc 62.01
Staples Advantage 1517.13
State Chemical Soluti 1062.68
Storage & Design Grou 5625.00
Streichers 180.00
Successful Living 486.72
Summit Food Service 22487.58
Symmetry Health Llc 486.72
T & M Consolidated Co 1441.00
Tanager Place 28047.65
Targetsolutions Learn 3964.00
Tbk Properties Llc 750.00
The Schneider Corpora 5673.00
Thomas P Brase 180.00
Thompson Truck & Trail 530.21
Titan Machinery 2632.33
Todd Saltzman 180.00
Travis Beckman 295.00
Treasurer State Of Io 1125.09
Trizetto Provider Solu 781.84
Ui Diagnostic Labora 12792.71
United Properties Llc 1250.00
United States Postal 15000.00
University Of Iowa Ho 1310.54
Us Geological Survey 75981.00
Verizon Wireless 440.04
Vesper Iowa City Llc 700.00
Visa 28291.54
Walsh Door & Hardware 214.44
Water Shop Inc 79.50
Wellmark Blue Cross 175000.00
Westwinds Real Estate 825.00
Westwood Pharmacy 1105.05
Wfgear Product Sales 1715.00
Willis Dady Emergency 924.00
Woodward Community Med 565.41
Your Best Interest Llc 300.00
Motion by Green, second by Sullivan, to approve the minutes of the Formal Meeting of December 14, 2023.
Motion by Porter, second by Green, to approve the payroll authorizations submitted by department heads and elected officials, as approved by a majority of the Supervisors.
Motion by Sullivan, second by Porter, to receive and place on file the Recorder’s Report of Fees Collected for the month of November, 2023, in the amount of $170,386.21, as submitted by County Recorder Kimberly Painter.
The Board acknowledged receipt of the November 13, 2023 Planning and Zoning Commission Meeting Minutes and the December 11, 2023 Report of the Planning and Zoning Commission.
ORDINANCE NO. 12-21-23-01
ZONING APPLICATION
PZC-23-28330
AN ORDINANCE AMENDING THE JOHNSON COUNTY UNIFIED DEVELOPMENT ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM A-AGRICULTURAL TO
RE-RENEWABLE ENERGY
Summary: The purpose of this ordinance is to amend the Johnson County Unified Development Ordinance by changing the classification of the real estate described below from A-Agricultural to RE-Renewable Energy located in Fremont Township to wit:
A PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 77 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS; COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SOUTHEAST QUARTER; THENCE SOUTH 88°32’17” WEST, ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER, 1329.68 FEET TO THE SOUTHWEST CORNER OF THE SAID EAST ONE-HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 00°36’11” WEST, ALONG THE WEST LINE OF THE SAID EAST ONE-HALF OF THE SOUTHEAST QUARTER, 115.85 FEET TO THE NORTH RIGHT OF WAY LINE OF IOWA HIGHWAY 22 AND BEING THE POINT OF BEGINNING FOR THE LAND HEREIN INTENDED TO BE DESCRIBED; THENCE CONTINUING NORTH 00°36’11” WEST, ALONG THE SAID WEST LINE OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER, 1680.38 FEET; THENCE NORTH 88°32’56” EAST, 1296.75 FEET TO THE WEST RIGHT OF WAY LINE OF SIOUX AVENUE; THENCE SOUTH 00°36’04” EAST, ALONG THE SAID WEST RIGHT OF WAY LINE OF SIOUX AVENUE AND PARALLEL TO AND 33 FEET PERPENDICULAR TO THE EAST LINE OF THE SAID SOUTHEAST QUARTER, 1581.49 FEET; THENCE SOUTH 08°56’56” WEST, CONTINUING ALONG THE WEST RIGHT OF WAY LINE OF SIOUX AVENUE, 100.63 FEET TO THE SAID NORTH RIGHT OF WAY LINE OF IOWA HIGHWAY 22; THENCE SOUTH 88°33’11” WEST, ALONG THE SAID NORTH RIGHT OF WAY LINE OF IOWA HIGHWAY 22, 1279.98 FEET TO THE POINT OF BEGINNING is hereby changed from A-Agricultural to RE-Renewable Energy.Effective Date: After its passage, approval, and publication as part of the proceedings of the Board of Supervisors. Motion by Sullivan, second by Fixmer-Oraiz, to approve the proposed ordinance associated with Zoning Application PZC-23-28330 on third and final consideration, subject to the conditions as outlined in the resolution, and approve Ordinance No. 12-21-23-01. Roll call: Aye: Fixmer-Oraiz, Green, Green-Douglass, Porter, Sullivan.
RESOLUTION NO. 12-21-23-02
RESOLUTION SETTING A PUBLIC HEARING ON VARIOUS DEVELOPMENT APPLICATIONS
Summary: The Johnson County Planning and Zoning Commission has filed its report and recommendations for certain actions. Board Action: Set a public hearing for January 11, 2024, at 5:30 p.m. CT in Room 203 B/C, Johnson County Health & Human Services Building, 855 South Dubuque Street, Iowa City, Iowa, on the following applications: Zoning applications filed by Susan and Rich Young (PZC-23-28445) and Hertz Farm management (PZC-23-28446), and platting application filed by Hertz farm Management (PZC-23-28447). Authorize the Auditor to publish the official notice of the above public hearing. Motion by Green, second by Sullivan, to approve Resolution No. 12-21-23-02 effective December 21, 2023.
RESOLUTION NO. 12-21-23-03
APPROVING AND AUTHORIZING A LOAN AGREEMENT AND PROVIDING FOR THE ISSUANCE OF A $12,920,399 TAXABLE GENERAL OBLIGATION COUNTY PURPOSE BOND, SERIES 2023A AND A $4,009,000 TAXABLE GENERAL OBLIGATION COUNTY PURPOSE BOND, SERIES 2023B
Summary: The Board has proposed to enter into loan agreements for the purpose of paying the cost of acquiring equipment and making improvements to County buildings; providing insurance or funding self-insurance programs or local government risk pools; financing the provision of vehicles for a regional transit district; funding programs to assist in providing affordable housing; acquiring vehicles and equipment for various County departments; and acquiring and developing land for a recreation or conservation purposes to be managed by the County conservation board, and has published notice of the proposed actions and held a hearing. It is necessary to authorize and approve a loan agreement (the “Series 2023 Loan Agreement”) and to make provision for the issuance of a Taxable General Obligation County Purpose Bond in the principal amount of $12,920,399 (the “Series 2023A Bond”) and a Taxable General Obligation County Purpose Bond in the principal amount of $4,009,000 (the “Series 2023B Bond” and, together with the Series 2023A Bond, the “Series 2023 Bonds”) in evidence of the County’s obligation under the Series 2023 Loan Agreement. Board Action: Resolved as follows:
Section 1. The County hereby determines to enter into the Series 2023 Loan Agreement with Hills Bank, Hills, Iowa, as purchaser (the “Purchaser”), in substantially the form as will be placed on file with the Board, providing for a loan to the County in the principal amount of $16,929,399 for the purpose or purposes set forth in the preamble hereof. The Chairperson and County Auditor are hereby authorized and directed to sign the Series 2023 Loan Agreement on behalf of the County, and the Series 2023 Loan Agreement is hereby approved.
Section 2. The Series 2023A Bond is hereby authorized to be issued in the principal amount of $12,920,399, shall be dated as of the date of its delivery to the Purchaser and shall be payable as to both principal and interest in the manner hereinafter specified. The Series 2023B Bond is hereby authorized to be issued in the principal amount of $4,009,000, shall be dated as of the date of its delivery to the Purchaser and shall be payable as to both principal and interest in the manner hereinafter specified.
The County Treasurer is hereby designated as the registrar and paying agent for the Series 2023 Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent”.
Principal of the Series 2023A Bond shall be payable on April 15, 2024, along with interest at the rate of 6.00% per annum. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. Payment of both principal of and interest on the Series 2023A Bond shall be made to the registered owner appearing on the registration books of the County, upon presentation and surrender of the Series 2023A Bond to the Paying Agent.
Principal of the Series 2023B Bond shall be payable in installments due in each of the years and in the respective amounts and shall bear interest at the respective rates, as follows:
Date Interest Rate Per Annum
Principal Installment
June 1, 2024 6.00% $1,336,333
June 1, 2025 6.10% $1,336,333
June 1, 2026 6.20% $1,336,334
Accrued interest on the Series 2023B Bond shall be payable semiannually on the first day of June and December, commencing June 1, 2024. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months.
Payment of both principal of and interest on the Series 2022B Bond shall be made to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the payment date and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, that the final installment of principal and interest shall be payable only upon presentation and surrender of the Series 2022B Bond to the Paying Agent.
The County reserves the right to prepay principal of the Series 2023 Bonds in whole or in part at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.
The Series 2023 Bonds shall be executed on behalf of the County with the official manual or facsimile signature of the Chairperson and attested by the official manual or facsimile signature of the County Auditor and shall be a fully registered bond without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Series 2023 Bonds shall cease to be such officer before the delivery of the Series 2023 Bonds, 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 2023 Bonds shall be fully registered as to principal and interest in the name of the owner on the registration books of the County kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owner or its legal representatives or assigns. The Series 2023 Bonds shall be transferable without cost to the registered owner thereof only upon the registration books of the County 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.
Section 3. The Series 2023A Bond shall be in substantially the following form:
(Form of Series 2023A Bond)
UNITED STATES OF AMERICA STATE OF IOWA
JOHNSON COUNTY
TAXABLE GENERAL OBLIGATION
COUNTY PURPOSE BOND, SERIES 2023A
No. R-1
$12,920,399
RATE
6.00%
MATURITY DATE
April 15, 2024
BOND DATE
December 27, 2023
Johnson County (the “County”), Iowa, for value received, promises to pay on the maturity date of this Bond to
Hills Bank Hills, Iowa
or registered assigns, the principal sum of TWELVE MILLION NINE HUNDRED TWENTY THOUSAND THREE HUNDRED NINETY-NINE DOLLARS, together with interest on the outstanding principal hereof at the rate of 6.00% per annum, from the date of this Bond, or from the most recent payment date on which interest has been paid, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto. Interest will be calculated on the basis of a 360 -day year comprised of twelve 30-day months.
Both principal of and interest on this Bond are payable to the registered owner appearing on the registration books of the County maintained by the County Treasurer, Iowa City, Iowa (hereinafter referred to as the “Registrar” or the “Paying Agent”), upon presentation and surrender of this Bond to the Paying Agent.
This Bond is issued by the County to evidence its obligation under a certain Loan Agreement, dated as of December 27, 2023 (the “Series 2023 Loan Agreement”).
This Bond is issued pursuant to and in strict compliance with the provisions of Chapters 76 and 331 of the Code of Iowa, 2023, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors adopted on December 21, 2023, authorizing and approving the Series 2023 Loan Agreement and providing for the issuance and securing the payment of this Bond (the “Resolution”), and reference is hereby made to the Resolution and the Series 2023 Loan Agreement for a more complete statement as to the source of payment of this Bond and the rights of the owner of this Bond.
The County reserves the right to prepay principal of this Bond, in whole or in part, at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.
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 County 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 County, 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 County, the Registrar and the Paying Agent shall not be affected by any notice to the contrary.
And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Bond as the same will respectively become due; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.
IN TESTIMONY WHEREOF, Johnson County, Iowa, by its Board of Supervisors, has caused this Bond to be executed with the facsimile signature of its Chairperson and attested by the facsimile signature of its County Auditor, as of the 27th day of December, 2023.
JOHNSON COUNTY, IOWA
Attest:
By (Do Not Sign)
Chairperson, Board of Supervisors
(Do Not Sign)
County Auditor
Registration Date: December 27, 2023
REGISTRAR’S CERTIFICATE OF AUTHENTICATION
This Bond is the Series 2023A Bond described in the within-mentioned Resolution.
County Treasurer and Registrar
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
(Custodian)
TEN ENT - as tenants by the entireties As Custodian for
JT TEN - as joint tenants with right of survivorship and not
as tenants in common (Minor)
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:
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
Section 4. The Series 2023B Bond shall be in substantially the following form:
(Form of Series 2023B Bond)
UNITED STATES OF AMERICA
STATE OF IOWA
JOHNSON COUNTY
TAXABLE GENERAL OBLIGATION
COUNTY PURPOSE BOND, SERIES 2023B
No. R-1
$4,009,000
MATURITY DATE
June 1, 2026
BOND DATE
December 27, 2023
Johnson County (the “County”), Iowa, for value received, promises to pay in the manner hereinafter provided to
Hills Bank Hills, Iowa
or registered assigns, the principal sum of FOUR MILLION NINE THOUSAND DOLLARS, together with interest on the outstanding principal hereof from the date of this Bond, or from the most recent payment date on which interest has been paid, except as the provisions hereinafter set forth with respect to prepayment prior to maturity may be or become applicable hereto.
Interest on this Bond is payable semiannually on June 1 and December 1 of each year, commencing June 1, 2024. Principal of this Bond is payable in installments in each of the respective years and in the respective installment amounts and bears interest at the respective rates, as follows:
Date
Interest Rate Per Annum
Principal Installment
June 1, 2024
6.00%
$1,336,333
June 1, 2025
6.10%
$1,336,333
June 1, 2026
6.20%
$1,336,334
Interest will be calculated on the basis of a 360-day year comprised of twelve 30-day months and principal and interest shall be paid in accordance with the schedule attached hereto and set forth as Exhibit A.
Both principal of and interest on this Bond are payable to the registered owner appearing on the registration books of the County maintained by the County Treasurer, Iowa City, Iowa (hereinafter referred to as the “Registrar” or the “Paying Agent”) at the close of business on the fifteenth day of the month next preceding the payment date in lawful money of the United States of America by check or draft mailed to the registered owner at the address shown on such registration books; provided, however, that the final installment of principal and interest shall be payable only upon presentation and surrender of this Bond to the Paying Agent.
This Bond is issued by the County to evidence its obligation under a certain Loan Agreement, dated as of December 27, 2023 (the “Series 2023 Loan Agreement”).
This Bond is issued pursuant to and in strict compliance with the provisions of Chapters 76 and 331 of the Code of Iowa, 2023, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors adopted on December 21, 2023, authorizing and approving the Series 2023 Loan Agreement and providing for the issuance and securing the payment of this Bond (the “Resolution”), and reference is hereby made to the Resolution and the Series 2023 Loan Agreement for a more complete statement as to the source of payment of this Bond and the rights of the owner of this Bond.
The County reserves the right to prepay principal of this Bond, in whole or in part, at any time prior to and in inverse order of maturity on terms of par and accrued interest. All principal so prepaid shall cease to bear interest on the prepayment date.
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 County 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 County, 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 County, the Registrar and the Paying Agent shall not be affected by any notice to the contrary.
And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Bond as the same will respectively become due; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.
IN TESTIMONY WHEREOF, Johnson County, Iowa, by its Board of Supervisors, has caused this Bond to be executed with the facsimile signature of its Chairperson and attested by the facsimile signature of its County Auditor, as of the 27th day of December, 2023.
JOHNSON COUNTY, IOWA
By (Do Not Sign) Chairperson, Board of Supervisors
Attest:
(Do Not Sign) County Auditor
Registration Date: December 27, 2023
REGISTRAR’S CERTIFICATE OF AUTHENTICATION
This Bond is the Series 2023B Bond described in the within-mentioned Resolution.
County Treasurer and Registrar 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
(Custodian)
TEN ENT - as tenants by the entireties As Custodian for
JT TEN - as joint tenants with right
of survivorship and not as tenants in common (Minor)
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:
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.
EXHIBIT A
PRINCIPAL AND INTEREST PAYMENTS
Principal Interest Total P&I
June 1, 2024
$1,336,333
$104,612.63
$1,440,945.63
December 1, 2024
0
82,184.51
82,184.51
June 1, 2025
1,336,333
82,184.51
1,418,517.51
December 1, 2025
0
41,426.35
41,426.35
June 1, 2026
1,336,334
41,426.35
1,377,760.35
Section 5. The Series 2023 Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration and delivery to the Purchaser, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Series 2023 Loan Agreement is hereby ratified and confirmed in all respects.
Section 6. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Series 2023B Bond as the same become due, there is hereby ordered levied on all the taxable property in the County in each of the years while the Series 2023B Bond is outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the County the following direct annual tax for collection in each of the following fiscal years:
For collection in the fiscal year beginning July 1, 2024, sufficient to produce the net annual sum of $1,500,703;
For collection in the fiscal year beginning July 1, 2025, sufficient to produce the net annual sum of $1,419,187.
Section 7. A certified copy of this resolution shall be filed with the County Auditor, and the Auditor shall be and is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the County and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the County and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Series 2023B Bond hereby authorized and for no other purpose whatsoever.
Section 8. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current funds on hand in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds to the sum thus advanced.
Section 9. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
Motion by Fixmer-Oraiz, second by Green, to approve Resolution No. 12-21-23-03 effective December 21, 2023.
Motion by Porter, second by Sullivan, to approve the Agreement for Professional Exhibit Design Services with eSJay Creative Works, LLC, Des Moines, for professional exhibit design services in an amount not to exceed $49,713.54.
Motion by Fixmer-Oraiz, second by Sullivan, to approve the Agreement 23-072 Master Agreement for Shared Use Projects with Iowa Communications Network, Des Moines, for leasing fiber between the HHS and Court House buildings as contained in the agenda packet of this meeting.
Motion by Porter, second by Sullivan, to approve Amendment No. 1 to the American Rescue Plan Act Subrecipient Agreement Master Agreement with Big Brothers Big Sisters of Johnson County, Iowa City, for staffing changes related to the Sports Buddies Program, as contained in the agenda packet of this meeting.
Motion by Porter, second by Green, to approve Change Order No. 3 for the Historic Poor Farm Healing Trail Project with All American Concrete, West Liberty, for additional services beyond original project specifications, in an amount of $1,350.12.
Motion by Fixmer-Oraiz, second by Sullivan, to approve the Certificate of Substantial Completion for the Historic Poor Farm Healing Trail Project with All American Concrete, West Liberty, confirming October 10, 2023 as the date of substantial completion.
Motion by Fixmer-Oraiz, second by Porter, to appoint Joni Bosch and Melanie Wellington to the Board of Health for a three year term ending December 31, 2026.
Motion by Green, second by Sullivan, to reappoint Phuong Hoang Nguyen, Dave Parsons, Catherine Gerlach, Leonard Greenwood, Jason Decker, Cindy Phillips, Aimee Pitlick, Timothy Rogers, Jim Ronan, William Stockman, Brandon Davis, Verne Folkmann, L. Terri Larson, Brian Krueger, Le Ann Dunne, Bill Wittig, Joshua Busard, Daniel Fasse, Jim Martinek, Glen Meisner, Nathan Mueller and William Peters; and to appoint Bob Dunkin and Nicolas Yost to the Compensation Commission for a one year term ending December 31, 2024.
Motion by Porter, second by Fixmer-Oraiz, to appoint Gene Zdrazil to the Conservation Board for a five year term ending December 31, 2028.
Motion by Porter, second by Green, to reappoint Christine Hockensmith and Jennifer Price; and to appoint Jack Abels to the Historic Preservation Commission for a three year term ending December 31, 2026.
Motion by Sullivan, second by Porter, to reappoint Dennis J. Firchau to the Medical Examiner for a two year term ending December 31, 2025.
Motion by Green, second by Fixmer-Oraiz, to appoint April McDanel to the Planning and Zoning Commission for a five year term ending December 31, 2028.
Motion by Sullivan, second by Porter, to reappoint Perry Ross to the Zoning Board of Adjustment for a five year term ending December 31, 2028.
Adjourned at 9:45 a.m.
/s/ Lisa Green-Douglass, Chair, Board of Supervisors
/s/ Attest: Travis Weipert, Auditor
On the 28th day of December, 2023
Recorded by Auditor’s Office: Erin Shane, Deputy Auditor
These minutes were sent for formal approval and publication on December 28, 2023.
Published in The News, Thursday, January 4, 2024 L-
