HomeMy WebLinkAbout2012_08_28 CC PKT1
Brookings City Council
Tuesday, August 28, 2012
4:00 p.m. Work Session
6:00 p.m. Regular Meeting
Brookings City & County Government Center
Chambers - Room 310
520 Third Street
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
4:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Proposed 2013 Budget.
2. City Council Member Ex-Officio Reports.
3. Joint Powers Board members’ Report.
4. City Council member introduction of topics for future discussion. *
5. Review of Council Agenda, Invites and Obligations. *Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Brookings City & County Government Center Change Orders.
D. Action to approve a volunteer appointment to the Sustainability Council.
E. Action on Resolution No. 104-12, a Resolution declaring items surplus for surplus
sale.
F. Action on Resolution No. 105-12, a Resolution authorizing the City Manager to sign
an Operating Agreement Renewal for Cubby’s Sports Bar and Grill.
G. Action on Resolution No. 106-12, a Resolution Authorizing Change Order No. 1
(CCO#1 Final) for 2012-16STI Chip Seal Project, Topkote, Inc. (deduct).
H. Action on Resolution No. 107-12, a Resolution amending the contract award for
Dakota Nature Park, Phase II Nature Center Building.
I. Action on Resolution No. 113-12, a Resolution declaring police vehicles as surplus
property.
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
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5. Items removed from Consent Agenda.
Motion to Approve, Request Public Comment, Roll Call *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts & Change Orders
8. Action on Resolution No. 108-12, a Resolution awarding contract on the 2012-14SSI
Storm Sewer Improvement Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings & Public Hearings
9. Public hearing and action on a Temporary Liquor License for DAV Poker Run at the
National Guard Armory on September 1st.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Public hearing and action on Temporary Wine & Beer Licenses for DBI for Taste of
Brookings on September 22nd to be held in the 400 block of Main Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on a Temporary Liquor License for Wedding Dance by
Lantern Lounge at National Guard Armory on September 22nd.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Temporary Wine & Beer Licenses for the Brookings
Humane Society for the “Dog Fest” at Pioneer Park on September 24th (October 1st rain
date).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
13. Action on Resolution No. 109-12, a Resolution approving the City of Brookings Design-
Build Procurement Procedures.
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
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14. Action on authorizing transfer of “Gateway property” located at 6th Street and 22nd
Avenue to the City of Brookings.
a. Action on Resolution No. 110-12, a Resolution Authorizing the Acceptance of Title
to real property subject to a Conservation Easement in the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
b. Action on Resolution No. 111-12, a Resolution approving the assignment of a
Conservation Easement to the City of Brookings and authorizing the Execution of
Assignment and Assumption Agreement concerning Conservation Easement.
Action: Motion to Approve, Request Public Comment, Roll Call
15. Presentation by Brookings Health Systems on Quarterly Financial Report.
Action: Informational
16. Action on Resolution No. 112-12, a Resolution authorizing the construction and
equipping of certain improvements to the Hospital pursuant to a Lease Agreement;
Approving the execution of an Irrevocable Declaration of Trust by First Bank and
Trust, as Trustee; Providing for the execution, sale and delivery of not to exceed
$10,000,000 Aggregate original amount of Certificates of Participation in the Lease-
Purchase Agreement pursuant to a Certificate Purchase Agreement and the application
of the proceeds thereof to construct and equip improvements to the Hospital and
design and develop improvements to adjacent property; Approving and authorizing a
Ground Lease of the Hospital to First Bank and Trust, as Trustee; and Authorizing and
approving other actions and agreements necessary to consummate the contemplated
improvement and financing.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Adjourn.
Brookings City Council Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, Ope Niemeyer Council Staff Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm / Thursday 7:00pm/Friday 9:00pm / Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at 605-692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least three working days prior to the meeting.
City of Brookings
August 28, 2012
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4:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Proposed 2013 Budget.
DATE: August 21, 2013
TO: Mayor and City Council Members
FROM: Jeffrey W. Weldon, City Manager
RE: Narrative Overview of 2013 Draft Budget Changes as of 8/21/2012
General Fund continues to be balanced with Revenue of $14,985,366 and Expenses of
$14,985,366.
• The City Attorney’s budget was increased by $5,000 for litigation expenses within
the general fund pursuant to the new contract adopted. We also increased the
contracted services within the Airport by $50,000 for pending litigation expenses.
The litigation expenses within the Airport would be eligible for grant
reimbursement. These numbers are very subjective and would be determined case
by case. At this time we are only aware of two instances in which we may need
litigation expenses.
• General Government Buildings has an additional $500 for general supplies. This
budget covers many buildings and we felt there could be times we would need to
purchase miscellaneous small items within those buildings.
• Within the department called City/County Administrative Building it was necessary
to increase the expense line items for telephone services and contracted services as
we received the first invoices after the budget was completed. By making the
adjustment for the expenses a larger number for the County to reimburse the City
52% was created increasing the revenue by $2,801.
• A correction was made to the Street Department for 2012. An inner fund loan was
not included in the original draft budget submitted.
• An adjustment between the Recreation Department and the Aquatic Center for
temporary pay was made. This is simply a shift between departments and not an
increase in expense. The Aquatic Center and Ice Arena were split out of the Parks
and Recreation budgets for the first time in 2012 to provide transparency. As 2012
progresses we are able to be more accurate with the expenses for the individual
departments.
Special Revenue Funds have the two following changes:
• 11th Street Project was moved to 2014 per SDSU request.
City of Brookings
August 28, 2012
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• A formula error was corrected on the cash balances for Library Donations.
• The subsidy for Brookings Downtown, Inc was discussed to be zero per the August
14th budget work session, but that needs to be specifically determined.
Enclosed is a summary of the 2013 budget which provides an overview of the past three
years and the proposed budget for 2013 including the increases or decreases from 2012
to 2013 by dollar amount and percentage.
The five year plan for future streets, the five year plan for street improvements,
maintenance & overlays of existing streets, and the future railroad crossings projects are
also enclosed.
Also included in the packet is the cash flow for the Public Improvement Fund for
discussion on August 28th. I am meeting with Toby Morris our Financial Planner on
Thursday, August 23rd and will have additional information for the Council which will be
provided separate from the board packet.
Please note that all changes to the budget are highlighted in yellow.
The first and second reading of the budget adoption ordinance will be held during the
September 11th and September 25th meetings respectively. If you have any questions
before or between meetings about the budget, feel free to contact Finance Manager,
Rita Thompson or myself.
All Council Members were provided with the Proposed 2013 Budget on disk and
hardcopy. Please remember to bring your budget documents to all meetings.
The proposed 2013 City of Brookings Budget 5-Year Capital Improvement
Plan are available on the front page of the City’s website:
www.cityofbrookings.org
Draft 2013 Budget Request 8/23/2012 1
DRAFT 2013 8/23/2012 1
2013 BUDGET 8/21/2012
2010 2011 2012 2012 2013 2014
Actual Actual Adopted Estimated Account Description Requested Proposed
NONDEPARTMENTAL REVENUE
2,304,081 2,376,665 2,525,000 2,525,000 101-000-4-111-01 Current Real Estate Taxes 2,610,000 2,680,000
12,177 41,501 20,000 27,000 101-000-4-111-02 Delinquent Real Estate Taxes 20,000 20,000
28,229 28,191 28,000 28,000 101-000-4-111-07 Mobile Home Taxes 30,000 30,000
58,987 37,917 55,000 55,576 101-000-4-111-09 Bank Franchise Taxes 55,000 55,000
4,930,652 5,083,364 5,010,000 5,110,000 101-000-4-113-00 1st Penny Sales & Use Tax 5,211,641 5,263,300
2,594 3,875 2,500 2,500 101-000-4-119-01 Taxes/Penalties 2,500 2,500
25,750 61,850 25,750 70,000 101-000-4-221-01 Licenses/Liquor 30,000 30,000
5,550 6,588 5,600 5,800 101-000-4-221-02 Licenses/Malt 6,000 6,000
7,000 7,500 6,000 7,500 101-000-4-221-05 Licenses/Wine 7,500 7,500
0 0 0 0 101-000-4-221-07 Licenses/Restaurant Liquor 0 0
2,110 5,450 2,200 2,000 101-000-4-221-08 Licenses/Temporary Liquor 2,000 2,000
150 150 0 0 101-000-4-221-09 Licenses/Liquor Transfers 0 0
8,900 8,000 9,000 8,000 101-000-4-221-10 Licenses/Video Lottery 8,000 8,000
5,260 5,380 4,500 4,800 101-000-4-221-11 Licenses/Temporary Merchants 4,800 4,800
950 950 900 1,000 101-000-4-221-12 Licenses/Plumbers 1,000 1,000
1,035 635 500 685 101-000-4-221-13 Licenses/Miscellaneous 500 500
690 1,830 500 3,000 101-000-4-221-14 Licenses/Transient Merchants 3,000 3,000
115,810 116,877 110,000 116,000 101-000-4-335-03 State Liquor Tax 116,000 116,000
239,039 256,430 230,000 240,000 101-000-4-335-04 State/Hwy & Bridge Tax 240,000 240,000
1,428 1,428 1,800 1,500 101-000-4-335-08 State/Amusement Tax 1,800 1,800
56,008 63,734 60,000 60,000 101-000-4-338-01 County/Hwy & Bridge Tax 60,000 60,000
52,938 55,970 53,000 53,000 101-000-4-338-03 County/Wheel Tax 55,900 56,000
7,957 3,979 5,000 3,979 101-000-4-338-04 County/Road Tax 5,000 5,000
29 15 81 101-000-4-441-08 Reimbursed Expense 4,500 4,500
7,097 51 8,000 100 101-000-4-441-09 Miscellaneous 100 100
3,846 3,846 101-000-4-446-08 Reimbursed Expense 0 0
0 67,934 0 0 101-000-4-446-10 Donations 0 0
38,478 69,545 100,000 70,000 101-000-4-661-00 Interest Income 70,000 70,000
19,862 9,258 50,000 30,000 101-000-4-661-01 Money Market Interest Income 30,000 30,000
0 0 101-000-4-661-02 TIF #1 Innovation Campus Debt-Principal 17,000
0 0 52,000 76,690 101-000-4-661-02 TIF #1 Innovation Campus Debt-Interest 54,341 52,276
1,000 1,000 3,500 1,000 101-000-4-662-01 Rental Income 1,000 1,000
33,063 34,055 33,000 33,600 101-000-4-662-12 Cell Tower Rental 33,000 33,000
159,988 4,755 300,000 300,000 101-000-4-664-00 Sale of Rental Housing 0 0
185,549 192,000 200,000 192,000 101-000-4-669-00 Franchise Fees 200,000 200,000
27,364 56,619 0 56,711 101-000-4-669-08 Workers Compensation Refund 0 0
7,925 2,276 0 27,904 101-000-4-691-40 Insurance Refunds 0 0
250,038 1,961,100 0 0 101-000-6-700-00 Transfer in from Closing Other Funds 0 0
500,000 600,000 625,000 625,000 101-000-6-700-01 Transfer in from Liquor Fund 650,000 650,000
440,000 500,000 525,000 525,000 101-000-6-700-02 Transfer in from Landfill 525,000 525,000
532,002 621,550 650,000 650,000 101-000-6-700-03 Transfer in from 75% Sales & Use 810,000 1,282,000
927,984 1,254,780 1,780,631 1,780,631 101-000-6-700-04 Transfer in from 25% Sales & Use 842,483 914,401
75,000 75,000 70,000 70,000 101-000-6-700-05 Transfer in from Res & Tech 40,000 -
1,892,000 1,895,000 1,955,000 1,955,000 101-000-6-700-08 Transfer in from BMU 2,005,000 2,055,000
12,964,671 15,513,203 14,511,227 14,722,902 Revenue & Transfer from funds 13,736,065 14,426,677
Draft 2013 Budget Request 8/23/2012 2
DRAFT 2013 8/23/2012 2
MAYOR AND COUNCIL
26,400 29,775 47,446 47,446 101-401-5-101-00 Regular Pay 54,900 54,900
0 4,200 4,200 4,200 101-401-5-101-08 Technology Allowance 4,200 4,200
2,020 2,599 3,848 3,848 101-401-5-120-00 FICA 4,521 4,521
147 147 148 148 101-401-5-123-00 Group Insurance 170 188
101 117 135 135 101-401-5-130-00 Workman's Compensation 142 150
28,668 28,668 55,777 55,777 Personnel Services Total 63,933 63,959
918 911 1,003 1,003 101-401-5-421-00 Insurance 1,104 1,138
5,415 2,546 4,000 4,000 101-401-5-426-01 Office Supplies 4,000 4,000
9,967 13,627 19,000 19,000 101-401-5-427-01 Travel & Lodging 19,000 19,000
5,308 4,989 7,500 7,500 101-401-5-427-02 Registration & Training 7,500 7,500
0 3,549 5,000 5,000 101-401-5-428-00 Sustainability Council 5,000 5,000
0 0 0 0 101-401-5-428-01 Telephone 500 500
3,078 2,255 4,000 4,000 101-401-5-429-00 Miscellaneous 4,000 4,000
0 1,489 1,500 1,500 101-401-5-429-01 Membership & Dues 1,500 1,500
0 4,920 7,000 7,000 101-401-5-856-29 Open Government Forum 7,000 7,000
4,030 5,775 3,500 3,500 101-401-5-856-63 Volunteer Recognition 3,500 3,500
28,716 40,061 52,503 52,503 Operating Expense Total 53,104 53,138
- 101-401-5-940-00 Other Capital
.- - Capital Expense Total 0 0
57,384 68,729 108,280 108,280 Expenditure Total 117,037 117,097
CITY CLERK
0 46,376 20,000 0 101-403-4-334-09 Grants 22,400 25,000
7 10 6,000 0 101-403-4-441-08 Reimbursed Expense 0 0
0 0 0 0 101-403-4-446-10 Donation 0 0
0 86 0 20 101-403-4-669-02 Miscellaneous Income 0 0
7 46,472 26,000 20 Revenue Total 22,400 25,000
135,994 141,573 148,102 148,102 101-403-5-101-00 Regular Pay 150,685 150,685
-15 0 0 700 101-403-5-101-04 Overtime Pay 2,000 2,000
120 80 900 900 101-403-5-101-10 Wellness 900 900
8,880 9,458 11,399 11,399 101-403-5-120-00 FICA 11,990 11,990
8,169 8,551 8,940 8,940 101-403-5-121-09 Retirement 9,404 9,404
34,880 32,156 29,978 29,978 101-403-5-123-00 Group Insurance 44,462 48,909
418 455 524 524 101-403-5-130-00 Workman's Compensation 551 579
101-403-5-136-00 Wellness Reimbursement
188,446 192,273 199,843 200,543 Personnel Services Total 219,992 224,467
353 350 385 385 101-403-5-421-00 Insurance 424 437
41 0 0 0 101-403-5-422-10 Election Officials 0 0
13,065 9,299 15,000 15,000 101-403-5-423-01 Publication & Recording Fees 15,000 15,000
7,516 3,555 5,000 5,000 101-403-5-423-03 Ordinance & Codification Fees 45,000 5,000
2,683 2,469 3,500 3,500 101-403-5-425-01 Maint Office Equip/Software Support 3,500 4,000
4,475 2,435 4,050 4,050 101-403-5-426-01 Office Supplies 4,100 4,100
3,368 6,196 8,700 8,700 101-403-5-426-02 Election Expense 8,700 8,700
3,692 2,553 3,200 3,200 101-403-5-427-01 Travel & Lodging 3,200 3,500
867 650 1,000 1,000 101-403-5-427-02 Registration & Training 1,000 1,200
1,382 1,480 2,000 1,150 101-403-5-428-01 Telephone 300 300
0 7,310 9,284 9,284 101-403-5-428-02 Public Education Human Rights 9,284 9,300
0 3,174 3,240 3,240 101-403-5-428-04 Public Education Disability 3,500 3,500
0 9,815 70,671 70,671 101-403-5-428-57 Public Education Historic 20,000 15,000
135 325 150 150 101-403-5-429-01 Membership & Dues 150 150
37,577 49,610 126,180 125,330 Operating Expense Total 114,158 70,187
101-403-5-920-00 Furniture & Equipment
9,457 584 0 101-403-5-920-01 Website Maintenance 0 0
101-403-5-950-01 Capital less than $5,000
9,457 584 - - Capital Expense Total 0 0
7 46,472 26,000 20 Revenue Total 22,400 25,000
235,480 242,466 326,023 325,873 Expenditure Total 334,150 294,654
Draft 2013 Budget Request 8/23/2012 3
DRAFT 2013 8/23/2012 3
NON DEPARTMENTAL
63,200 101-405-5-421-01 Unemployment Claims 6,750 6,750
11,968 65,151 32,000 32,000 101-405-5-422-03 Consulting 37,000 46,000
7,891 6,421 7,800 6,778 101-405-5-429-01 SDML Municipal League Dues 7,700 7,700
636 4,728 3,800 3,800 101-405-5-429-09 Credit Card Fees 4,000 4,000
6,714 6,826 7,200 7,167 101-405-5-429-20 1st District Dues
3,110 5,487 5,500 5,500 101-405-5-856-45 Employee Recognition 5,500 5,500
16,800 3,260 0 101-405-5-856-61 Performance Pay 18,000 18,000
3,588 5,486 13,846 13,846 101-405-5-856-62 Wellness Promotion 10,000 10,000
15,000 2,000 101-405-5-856-96 Matching Grant Expense 15,000 15,000
2,000 10,000 0 101-405-5-856-97 City Manager's Contingency Fund 10,000 10,000
199,200 0 101-405-5-856-99 Contingency Fund 389,726 200,000
62,415 0 101-405-5-920-00 Furniture & Equipment
66,929 101-405-5-940-00 Other Capital
35,907 177,826 360,021 134,291 Operating Expense Total 503,676 322,950
- 101-405-5-910-00 Land 0 0
0 0 0 0 Total Capital - -
35,907 177,826 360,021 134,291 Expenditure Total 503,676 322,950
CITY MANAGER
117,037 124,168 127,425 127,425 101-406-5-101-00 Regular Pay 130,741 130,741
6,000 6,000 6,000 6,000 101-406-5-101-06 Car Allowance 6,000 6,000
228 240 300 300 101-406-5-101-10 Wellness 300 300
7,501 10,010 8,170 8,170 101-406-5-120-00 FICA 10,774 10,774
11,791 14,259 12,072 12,072 101-406-5-121-09 Retirement 12,675 12,675
5,364 5,440 5,543 5,543 101-406-5-123-00 Group Insurance 5,949 6,544
376 414 473 473 101-406-5-130-00 Workman's Compensation 488 513
148,297 160,531 159,983 159,983 Personnel Services Total 166,927 167,547
118 117 129 129 101-406-5-421-00 Insurance 142 147
1,697 1,747 2,500 2,500 101-406-5-426-01 Office Supplies 2,500 2,500
171 72 500 500 101-406-5-426-09 Subscriptions/Books 500 500
6,235 5,378 8,000 8,000 101-406-5-427-01 Travel & Lodging 9,000 9,000
2,594 1,435 2,500 2,500 101-406-5-427-02 Registration & Training 3,000 3,000
1,185 1,316 1,500 900 101-406-5-428-01 Telephone 1,100 1,100
1,389 1,881 2,000 2,000 101-406-5-429-01 Membership & Dues 2,000 2,200
13,389 11,946 17,129 16,529 Operating Expense Total 18,242 18,447
- - - - 101-406-5-920-00 Furniture & Equipment - -
- - - - 101-406-5-950-01 Capital less than $5,000 - -
- - - Capital Expense Total - -
161,686 172,477 177,112 176,512 Expenditure Total 185,169 185,994
CITY ATTORNEY
76,024 79,065 76,024 79,065 101-412-5-422-07 Contracted Services 76,024 79,065
0 0 101-412-5-422-08 Litigation 5,000 5,000
3,000 3,500 3,000 3,500 101-412-5-427-01 Travel & Lodging 3,000 3,500
0 0 0 0 101-412-5-427-02 Registration & Training 0 0
0 0 0 0 101-412-5-429-01 Membership & Dues 0 0
79,024 82,565 79,024 82,565 Operating Expense Total 84,024 87,565
79,024 82,565 79,024 82,565 Expenditure Total 84,024 87,565
Draft 2013 Budget Request 8/23/2012 4
DRAFT 2013 8/23/2012 4
HUMAN RESOURCES
1,502 2,873 2,000 2,000 101-414-4-441-08 Reimbursed Expense 2,000 2,000
0 23 0 0 101-414-4-441-11 Unclaimed Insurance Reimburse 0 0
1,502 2,896 2,000 2,000 Revenue Total 2,000 2,000
114,335 118,810 125,130 125,130 101-414-5-101-00 Regular Pay 126,125 126,125
200 77 600 450 101-414-5-101-10 Wellness 600 600
7,908 8,369 9,626 9,575 101-414-5-120-00 FICA 10,045 10,045
6,872 7,198 7,550 7,510 101-414-5-121-09 Retirement 7,878 7,878
17,910 18,779 18,781 18,938 101-414-5-123-00 Group Insurance 20,800 22,880
350 383 441 441 101-414-5-130-00 Workman's Compensation 464 488
3,675 3,675 3,860 3,725 101-414-5-135-00 Employee Assistance Program 3,860 3,860
151,250 157,290 165,988 165,769 Personnel Services Total 169,772 171,876
235 234 258 258 101-414-5-421-00 Insurance 284 293
380 1,268 2,545 2,545 101-414-5-422-03 Consulting & Engineering 2,545 2,545
2,690 2,330 3,150 2,725 101-414-5-422-14 Cafeteria Plan Adm Fee 3,150 3,150
6,322 6,699 6,900 6,900 101-414-5-423-01 Publication & Recording Fees 6,900 6,900
0 0 400 400 101-414-5-425-01 Maintenance Office Equipment 780 780
1,401 2,720 2,800 2,800 101-414-5-426-01 Office Supplies 2,800 2,800
0 426 450 450 101-414-5-426-09 Subscriptions/Books 450 450
1,733 381 2,225 2,225 101-414-5-427-01 Travel & Lodging 2,225 2,225
403 1,187 2,275 2,275 101-414-5-427-02 Registration & Training 2,275 2,275
943 1,002 1,040 600 101-414-5-428-01 Telephone 505 300
730 735 1,089 1,089 101-414-5-429-01 Membership & Dues 1,089 1,089
865 1,212 750 750 101-414-5-429-08 Postage 750 750
1,250 2,551 1,200 1,200 101-414-5-429-09 Miscellaneous 1,200 1,200
4,303 5,355 5,000 5,000 101-414-5-429-10 Safety Program Training 5,000 5,000
3,060 2,597 4,000 4,000 101-414-5-429-15 In-House Training 4,000 4,000
24,316 28,697 34,082 33,217 Operating Expense Total 33,953 33,757
101-414-5-940-00 Other Capital - -
101-414-5-950-01 Capital less than $5,000 - -
- - - - Capital Expense Total - -
1,502 2,896 2,000 2,000 Revenue Total 2,000 2,000
175,566 185,987 200,070 198,986 Expenditure Total 203,725 205,633
Draft 2013 Budget Request 8/23/2012 5
DRAFT 2013 8/23/2012 5
FINANCE OFFICE
2,040 101-415-4-441-04 Professional Services-Administration BID 4,000 4,400
101-415-4-441-05 Reclaimed Income
101-415-4-441-08 Reimbursed Expense
101-415-4-669-02 Miscellaneous Income
- - - 2,040 Revenue Total 4,000 4,400
218,593 228,072 240,733 240,733 101-415-5-101-00 Regular Pay 243,955 243,955
441 10 1,000 1,000 101-415-5-101-04 Overtime Pay 1,000 1,000
380 80 900 900 101-415-5-101-10 Wellness Benefit 900 900
15,194 16,168 18,584 18,584 101-415-5-120-00 FICA 19,460 19,460
13,185 13,801 14,576 14,576 101-415-5-121-09 Retirement 15,262 15,262
37,030 36,490 33,991 33,991 101-415-5-123-00 Group Insurance 37,639 41,403
677 725 834 834 101-415-5-130-00 Workman's Compensation 876 920
285,500 295,346 310,618 310,618 Personnel Services Total 319,092 322,900
479 476 524 524 101-415-5-421-00 Insurance 577 594
24,125 28,035 48,350 48,350 101-415-5-422-02 Contracted Auditing Services 48,350 50,000
22,775 23,181 27,000 27,000 101-415-5-422-07 Contracting Services 27,000 30,000
2,044 2,061 2,100 2,100 101-415-5-423-01 Publication/Recording Fees 2,100 2,300
10,400 12,000 12,000 12,000 101-415-5-426-00 Advance for Postage 12,000 13,500
5,906 5,748 6,000 6,000 101-415-5-426-01 Office Supplies 6,000 6,200
1,481 1,029 800 1,100 101-415-5-426-09 Subscriptions/Books 1,200 1,200
7,198 6,791 7,400 7,400 101-415-5-427-01 Travel & Lodging 7,400 7,400
2,798 4,725 5,000 5,000 101-415-5-427-02 Registration & Training 5,000 5,000
2,143 2,253 2,625 2,300 101-415-5-428-01 Telephone 1,100 1,100
864 735 1,200 1,200 101-415-5-429-01 Membership & Dues 1,200 1,200
69 548 600 600 101-415-5-429-09 Miscellaneous 600 600
80,283 87,582 113,599 113,574 Operating Expense Total 112,527 119,094
101-415-5-940-00 Other Capital -
101-415-5-950-01 Capital less than $5,000 - -
- - - - Capital Expense Total - -
- - - 2,040 Revenue Total 4,000 4,400
365,783 382,927 424,217 424,192 Expenditure Total 431,619 441,994
Draft 2013 Budget Request 8/23/2012 6
DRAFT 2013 8/23/2012 6
INFORMATION TECHNOLOGY
7 101-416-4-441-08 Technical Services 0 0
7 - - Revenue Total 0 0
38,184 38,990 44,383 44,383 101-416-5-101-00 Regular Pay 44,442 44,442
4,650 4,650 101-416-5-101-01 Temporary Pay 0 0
0 542 3,485 3,485 101-416-5-101-04 Overtime Pay 1,000 1,000
0 0 300 300 101-416-5-101-10 Wellness Benefit 300 300
2,783 2,888 4,005 4,005 101-416-5-120-00 FICA 3,736 3,736
2,311 2,390 2,867 2,867 101-416-5-121-09 Retirement 2,930 2,930
3,963 3,975 3,982 3,982 101-416-5-123-00 Group Insurance 4,821 5,304
141 171 197 197 101-416-5-130-00 Workman's Compensation 207 218
47,382 48,956 63,869 63,869 Personnel Services Total 57,436 57,930
118 117 129 129 101-416-5-421-00 Insurance 142 147
4,698 4,749 5,000 5,000 101-416-5-422-07 Software Services 5,500 5,500
2,928 1,279 3,000 5,000 101-416-5-426-01 Office Supplies 3,400 3,500
0 0 500 0 101-416-5-426-09 Subscriptions/Books 500 500
4 1,437 2,000 1,000 101-416-5-427-01 Travel & Lodging 1,500 1,500
0 75 500 2,500 101-416-5-427-02 Registration & Training 500 500
13,034 13,348 16,635 16,635 101-416-5-428-01 Telephone 13,120 13,120
0 0 200 0 101-416-5-429-01 Memberships & Dues 200 200
52 285 147 147 101-416-5-429-09 Miscellaneous 150 150
20,834 21,291 28,111 30,411 Operating Expense Total 25,012 25,117
0 0 26,305 26,305 101-416-5-940-00 Other Capital-IT 6,500
99 0 1,000 1,000 101-416-5-940-03 City Clerk 2,000 25,900
0 893 0 0 101-416-5-940-06 City Manager 0 0
0 1,987 0 0 101-416-5-940-14 Human Resources/Computer 0 900
26,581 0 8,039 2,000 101-416-5-940-15 Finance/V7 Analytic Software/Timekeeping 12,700 0
4,024 3,554 3,685 3,685 101-416-5-940-19 Engineer/Auto Cad-Computers 6,000 3,900
1,000 0 0 0 101-416-5-940-19 Pictometry/$21,204(Co-Gen Fd-E-911)4,712 4,712
4,941 9,783 7,500 7,500 101-416-5-950-01 Capital less than $5,000-IT 900
866 0 - 101-416-5-950-Community Development/Software,Computer 10,900 1,800
2,968 4,094 9,500 9,500 101-416-5-950-21 Animal Control/ computer & PD monitors 13,700 2,700
0 1,835 8,000 7,000 101-416-5-950-22 Fire Dept/computer 16,800 900
1,000 0 0 0 101-416-5-950-31 Capital less than $5,000-Street 0 1,800
0 0 1,000 1,258 101-416-5-950-51 Recreation/computer 900
41,479 22,146 65,029 58,248 Capital Expense Total 67,712 50,012
7 - - - Revenue Total - -
109,695 92,392 157,009 152,528 Expenditure Total 150,160 133,059
GENERAL GOVERNMENT BUILDINGS
12,123 9,812 10,794 10,764 101-417-5-421-00 Insurance 11,118 11,452
0 0 0 101-417-5-422-03 Consulting/design
4,591 2,895 3,000 3,000 101-417-5-424-01 Equipment Rental 3,100 3,200
3,154 5,493 5,500 6,000 101-417-5-425-01 Maintenance Office Equipment 5,500 6,000
2,277 2,707 1,600 1,600 101-417-5-425-04 Maintenance Equipment
13,443 2,888 5,000 6,500 101-417-5-425-05 Maintenance Building 500
3,984 2,866 2,200 2,200 101-417-5-426-03 General Supplies
2,135 2,303 1,300 1,500 101-417-5-426-04 Cleaning Supplies
2,158 2,054 1,100 1,100 101-417-5-428-01 Telephone
30,098 30,149 15,000 14,000 101-417-5-428-02 Electric & Water
7,775 7,695 7,000 5,000 101-417-5-428-03 Heat
15,035 14,400 7,200 7,200 101-417-5-429-03 Cleaning Services
96,772 83,261 59,694 58,864 Operating Expense Total 20,218 20,652
18,970 179,058 77,100 77,100 101-417-5-911-00 Buildings & Structures-GF 45,000
101-417-5-911-21 Buildings & Structures-Public Safety Bldgs 16,400 10,000
3,411 84,954 0 101-417-5-920-00 Furniture & Equipment
101-417-5-930-00 Machinery & Auto Equipment
10,000 10,000 101-417-5-940-00 Other Capital
5,160 4,094 4,100 4,100 101-417-5-950-01 Capital less than $5,000 4,100 4,100
27,541 183,152 176,154 91,200 Capital Expense Total 20,500 59,100
124,313 266,413 235,848 150,064 Expenditure Total 40,718 79,752
Draft 2013 Budget Request 8/23/2012 7
DRAFT 2013 8/23/2012 7
COMMUNITY DEVELOPMENT
14,497 18,384 18,000 18,000 101-418-4-221-06 Housing Licenses 20,500 15,500
1,630 1,400 900 1,000 101-418-4-223-01 Sign Permits 1,000 1,000
3,418 0 0 0 101-418-4-334-09 Grants State 0 0
103,312 2,370 0 0 101-418-4-334-10 Grants Federal 0 0
5,710 8,380 6,800 6,800 101-418-4-441-01 Zoning & Subdivision Fees 7,000 7,500
1,949 1,431 2,450 700 101-418-4-441-08 Reimbursed Expense 0 0
19,091 167 0 65 101-418-4-441-08 Miscellaneous 0 0
315 495 675 675 101-418-4-446-16 Code Enforcement Inspection Fees 700 700
21,911 20,500 7,000 8,500 101-418-4-662-01 Rental Income 5,500 4,500
171,833 53,126 35,825 35,740 Revenue Total 34,700 29,200
251,783 259,159 273,231 273,231 101-418-5-101-00 Regular Pay 278,117 278,117
6 0 0 101-418-5-101-04 Overtime Pay 0 0
331 244 900 1,000 101-418-5-101-10 Wellness Benefit 900 900
18,088 18,599 20,975 20,975 101-418-5-120-00 FICA 22,014 22,014
15,036 15,690 16,451 16,451 101-418-5-121-09 Retirement 17,266 17,266
28,728 40,537 44,973 44,973 101-418-5-123-00 Group Insurance 58,742 64,617
2,525 2,800 3,023 3,023 101-418-5-130-00 Workman's Compensation 3,175 3,334
316,497 337,028 359,553 359,653 Personnel Services Total 380,214 386,248
1,096 1,091 1,255 1,266 101-418-5-421-00 Insurance 1,381 1,422
0 0 0 101-418-5-422-03 Consulting/Engineering 0 0
538 1,205 700 800 101-418-5-423-01 Publication/Recording Fees 800 850
0 429 1,200 800 101-418-5-423-05 Advertising/Public Education 1,200 1,200
55 0 1,000 1,000 101-418-5-425-01 Maintenance Office Equipment 2,000 2,000
439 328 500 500 101-418-5-425-02 Maintenance Motor Vehicles 500 550
382 3,066 1,000 500 101-418-5-425-05 Maintenance of Rental Buildings 0 0
3,966 4,351 4,500 4,500 101-418-5-426-01 Office Supplies 4,500 4,600
530 772 700 700 101-418-5-426-03 General Supplies 700 700
0 0 150 0 101-418-5-426-05 Photographic Supplies 150 150
116 0 1,000 500 101-418-5-426-09 Subscriptions/Books 1,000 1,000
1,668 2,198 2,200 3,000 101-418-5-426-10 Gasoline 3,100 3,200
0 1,128 500 0 101-418-5-426-12 Tires 500 500
2,241 648 3,200 2,800 101-418-5-427-01 Travel & Lodging 4,500 3,500
460 230 1,500 1,500 101-418-5-427-02 Registration & Training 2,500 2,000
2,658 2,642 3,000 2,200 101-418-5-428-01 Telephone 1,400 1,400
2,166 1,825 2,400 2,400 101-418-5-428-02 Electric & Water 2,800 2,800
1,052 1,366 2,400 1,500 101-418-5-428-03 Heat 1,600 1,650
490 670 700 700 101-418-5-429-01 Membership & Dues 700 750
0 0 0 125 101-418-5-429-09 Miscellaneous 0 0
17,458 0 0 101-418-5-441-04 Safe Routes to School 0 0
106,710 0 0 101-418-5-441-05 Energy Efficiency Grant 0 0
142,023 21,950 27,905 24,791 Operating Expense Total 29,331 28,272
3,927 6,096 4,500 3,000 101-418-5-911-00 Buildings/Singles on Food Pantry-2013 6,000 0
0 0 0 0 101-418-5-920-00 Furniture & Equipment 0 0
0 9,950 0 0 101-418-5-930-00 Code Enforcement Vehicle 0 0
0 0 12,000 12,000 101-418-5-940-00 Other Capital 3,000 4,000
775 0 1,000 1,000 101-418-5-950-01 Capital less than $5,000
0 0 775,000 775,000 101-418-5-960-00 Street & Sidewalk Improvements 0 0
4,702 16,046 792,500 791,000 Capital Expense Total 9,000 4,000
171,833 53,126 35,825 35,740 Revenue Total 34,700 29,200
463,222 375,023 1,179,958 1,175,444 Expenditure Total 418,545 418,520
Draft 2013 Budget Request 8/23/2012 8
DRAFT 2013 8/23/2012 8
ENGINEERING DEPARTMENT
77,084 91,585 100,000 100,000 101-419-4-223-01 Building Permits/Engineer Fees 110,000 120,000
0 171 0 101-419-4-441-02 Publication Fees 0 0
2 14 0 101-419-4-441-08 Reimbursed Expense 0 0
246 67 150 150 101-419-4-441-09 Miscellaneous 150 175
2,831 3,201 1,400 1,400 101-419-4-662-09 Vehicle Rentals 1,600 1,700
80,163 95,037 101,550 101,550 Revenue Total 111,750 121,875
293,833 299,352 314,888 313,000 101-419-5-101-00 Regular Pay 315,082 315,082
11,444 9,958 11,800 11,800 101-419-5-101-01 Temporary Pay 11,800 11,800
62 65 520 520 101-419-5-101-04 Overtime Pay 520 520
238 252 600 600 101-419-5-101-10 Wellness Benefit 600 600
22,009 22,518 25,152 24,000 101-419-5-120-00 FICA 25,934 25,934
17,519 18,171 19,067 19,200 101-419-5-121-09 Retirement 19,632 19,632
42,510 56,179 56,219 56,219 101-419-5-123-00 Group Insurance 63,998 70,398
3,258 3,650 3,964 3,964 101-419-5-130-00 Workman's Compensation 4,163 4,372
390,872 410,144 432,210 429,303 Personnel Services Total 441,729 448,338
5,721 5,863 4,689 4,689 101-419-5-421-00 Insurance 6,039 6,221
0 0 500 500 101-419-5-422-03 Consulting/Engineering 500 500
255 90 320 320 101-419-5-422-09 Testing Services 320 320
164 90 500 300 101-419-5-423-01 Publication/Recording Fees 500 500
305 90 1,052 700 101-419-5-425-01 Maintenance Office Equipment 1,052 1,060
975 1,130 1,000 1,000 101-419-5-425-02 Maintenance Motor Vehicles 1,100 1,200
0 0 244 244 101-419-5-425-04 Maintenance of Equipment 244 244
3,351 4,977 7,000 6,000 101-419-5-426-01 Office Supplies 6,000 6,100
1,740 2,434 2,600 2,600 101-419-5-426-03 General Supplies 2,600 2,700
0 15 110 110 101-419-5-426-05 Photographic Supplies 110 120
2,537 1,891 2,300 2,300 101-419-5-426-09 Subscriptions/Books 3,300 3,400
2,554 3,553 3,500 3,500 101-419-5-426-10 Gasoline 3,700 3,800
0 0 0 101-419-5-426-11 Oil & Grease Supplies 0 0
0 430 425 425 101-419-5-426-12 Tires 435 450
2,196 1,818 3,000 3,000 101-419-5-427-01 Travel & Lodging 3,000 3,100
1,290 629 2,000 2,000 101-419-5-427-02 Registration & Training 2,000 2,100
4,520 4,722 4,800 4,000 101-419-5-428-01 Telephone 2,900 2,900
851 1,345 1,200 1,300 101-419-5-429-01 Membership & Dues 1,350 1,400
26,458 29,077 35,240 32,988 Operating Expense Total 35,150 36,115
2,968 15,023 1,500 1,500 101-419-5-920-00 Furniture & Equipment 2,000 2,000
0 10,000 0 101-419-5-930-00 Machinery & Auto Equipment
101-419-5-940-00 Capital less than $5,000
2,968 25,023 1,500 1,500 Capital Expense Total 2,000 2,000
80,163 95,037 101,550 101,550 Revenue Total 111,750 121,875
420,298 464,244 468,950 463,791 Expenditure Total 478,879 486,453
Draft 2013 Budget Request 8/23/2012 9
DRAFT 2013 8/23/2012 9
CITY/COUNTY ADMINISTRATIVE BUILDING
0 1,498 101-420-4-441-08 52% County Reimbursement 170,918 173,860
0 0 0 1,498 Revenue Total 170,918 173,860
2,880 101-420-5-101-20 City Share of Wages & Benefits 5,760 5,760
0 0 0 2,880 Personnel Total 5,760 5,760
4,750 4,750 101-420-5-421-00 Insurance 5,225 5,382
5,000 0 101-420-5-422-07 Televised Contracted Services
7,200 7,200 101-420-5-425-05 Maintenance of Building 14,000 14,000
4,000 4,000 101-420-5-426-03 Supplies 8,000 8,000
2,600 2,600 101-420-5-426-04 Cleaning Supplies 7,000 7,500
17,000 17,000 101-420-5-428-01 Telephone 36,500 36,500
45,700 40,000 101-420-5-428-02 Electric & Water 80,000 80,000
30,625 30,625 101-420-5-428-03 Heat 61,250 61,250
282 101-420-5-428-05 Hauling Services 564 564
18,000 18,000 101-420-5-429-03 Cleaning Services 70,800 70,800
10,000 77,350 101-420-5-429-09 Service Contracts 45,350 50,350
0 0 144,875 201,807 Total Operating Expense 328,689 334,346
- 0 0 0 101-420-5-920-00 Data Racks
- 0 0 0 101-420-5-920-00 Video System Equipment
- - - - Capital Expense Total - -
- - - 1,498 Revenue Total 170,918 173,860
- - 2,880 City Only Expenditure Total 5,760 5,760
- - 144,875 201,807 Joint Expenditure Total 328,689 334,346
- - 144,875 204,687 City/County Adm Bldg Expenditure Total 334,449 340,106
POLICE DEPARTMENT
2,473 275 0 0 101-421-4-221-02 Fees 0 0
28,685 141,812 114,448 114,448 101-421-4-334-09 Grants 71,698 20,400
6,744 16,354 6,700 6,700 101-421-4-441-08 Reimbursed Expense 10,500 11,000
1,152 1,524 575 575 101-421-4-442-08 Alarm Surcharges 0 0
2,793 3,332 2,200 2,200 101-421-4-442-09 Miscellaneous 2,500 2,500
3,354 3,577 3,200 3,200 101-421-4-442-10 Safety Town Fees 3,200 3,200
1,990 4,275 1,000 4,000 101-421-4-446-10 Donations 2,500 2,500
1,200 1,500 3,000 1,800 101-421-4-446-11 Dare Donations 1,500 1,500
12,074 10,733 12,000 17,000 101-421-4-551-00 Court Fines 15,000 15,000
41,144 79,299 60,000 69,000 101-421-4-555-00 Parking Fines 69,000 69,000
11,951 16,483 11,800 11,800 101-421-4-664-00 Sale of Fixed Assets 10,000 12,000
113,560 279,164 214,923 230,723 Revenue Total 185,898 137,100
1,532,107 1,595,220 1,763,004 1,763,004 101-421-5-101-00 Regular Pay 1,754,837 1,754,837
13,941 16,792 32,000 32,000 101-421-5-101-01 Temporary Pay 33,000 33,000
61,899 62,401 45,000 45,000 101-421-5-101-04 Overtime Pay 50,000 50,000
1,750 1,750 2,100 2,100 101-421-5-101-07 Clothing Allowance 2,100 2,100
223 307 600 600 101-421-5-101-10 Wellness Benefit 1,200 1,200
116,741 121,422 141,154 141,154 101-421-5-120-00 FICA 145,310 145,310
124,666 128,430 143,609 143,609 101-421-5-121-09 Retirement 147,140 147,140
298,262 316,907 341,143 341,143 101-421-5-123-00 Group Insurance 388,346 425,113
46,483 46,363 48,267 48,267 101-421-5-130-00 Workman's Compensation 50,681 53,216
2,196,071 2,289,592 2,516,877 2,516,877 Personnel Services Total 2,572,614 2,611,916
20,349 20,915 22,638 22,638 101-421-5-421-00 Insurance 24,902 25,650
2,354 2,594 2,500 2,500 101-421-5-422-03 Consulting/Engineering 2,600 2,600
1,341 2,461 1,500 1,700 101-421-5-422-06 Medical Services 1,700 1,700
0 3,711 0 0 101-421-5-422-07 Bar Code System /Evidence 0 0
2,938 3,118 2,000 2,000 101-421-5-422-09 Testing Services 2,000 2,000
1,160 1,860 3,425 3,425 101-421-5-424-01 Equipment Rental 3,800 3,800
1,848 1,551 2,000 1,100 101-421-5-425-01 Maintenance Office Equipment 2,000 2,000
14,688 14,551 20,000 14,000 101-421-5-425-02 Maintenance Motor Vehicle 20,000 20,000
0 0 1,600 800 101-421-5-425-04 Maintenance Equipment 1,600 1,600
0 0 5,000 5,000 101-421-5-425-05 Maintenance Building 10,000 11,000
1,159 2,654 3,000 2,700 101-421-5-425-06 Maintenance Radio 3,000 3,000
7,117 8,709 9,000 9,000 101-421-5-426-01 Office Supplies 9,000 9,000
14,234 15,227 18,000 17,067 101-421-5-426-03 General Supplies 18,500 18,500
Draft 2013 Budget Request 8/23/2012 10
DRAFT 2013 8/23/2012 10
0 0 1,300 1,300 101-421-5-426-04 Cleaning Supplies 2,600 2,700
286 901 2,500 2,100 101-421-5-426-05 Investigation Supplies 2,500 2,500
517 830 750 750 101-421-5-426-09 Subscriptions/Books 800 800
46,198 62,006 70,000 66,000 101-421-5-426-10 Gasoline 70,000 70,000
2,095 1,649 4,000 4,000 101-421-5-426-12 Tires 4,000 4,000
11,222 11,443 15,000 14,000 101-421-5-426-17 Uniforms 15,000 15,000
1,951 3,337 3,000 3,000 101-421-5-426-30 Swat Tactical Supplies 3,300 3,300
5,927 2,637 8,000 5,500 101-421-5-427-01 Travel & Lodging 8,000 8,000
1,440 1,351 3,500 2,400 101-421-5-427-02 Registration & Training 3,500 3,500
5,062 5,191 12,500 12,500 101-421-5-427-03 Gun Range Training Expenses 13,000 13,000
7,464 7,256 11,100 101-421-5-428-01 Telephone 11,100 11,200
2,041 2,359 16,800 16,000 101-421-5-428-02 Electric & Water 30,500 30,500
0 0 7,000 7,000 101-421-5-428-03 Heat 7,500 7,500
3,366 1,869 2,000 2,100 101-421-5-428-08 Sirens 2,000 2,000
1,803 358 480 480 101-421-5-429-00 Miscellaneous 480 480
781 962 1,000 961 101-421-5-429-01 Membership & Dues 1,200 1,200
0 0 7,200 7,200 101-421-5-429-03 Cleaning Services 20,000 20,000
1,012 1,540 1,000 800 101-421-5-429-09 Reserve Expenses 1,000 1,000
874 2,671 2,000 2,300 101-421-5-429-10 Dare Expenditures 2,400 2,400
4,317 4,827 4,800 4,800 101-421-5-856-21 Safety Town 5,500 4,800
163,541 188,536 264,593 235,121 Operating Expense Total 303,482 304,730
500 66,014 416,585 416,585 101-421-5-911-00 Building & Structures 3,500 0
0 0 20,000 20,000 101-421-5-920-00 Furniture & Equipment 0 0
65,128 153,714 126,800 126,800 101-421-5-930-00 Machinery & Auto Equipment 70,200 108,400
6,183 27,008 18,686 18,686 101-421-5-950-01 Capital less than $5,000 20,296 21,900
71,811 246,736 582,071 582,071 Capital Expense Total 93,996 130,300
113,560 279,164 214,923 230,723 Revenue Total 185,898 137,100
2,431,423 2,724,864 3,363,541 3,334,069 Expenditure Total 2,970,092 3,046,946
Draft 2013 Budget Request 8/23/2012 11
DRAFT 2013 8/23/2012 11
FIRE DEPARTMENT
0 0 26,621 25,908 101-422-4-334-06 Capital Grants
4,181 0 0 101-422-4-334-09 Grants
52,341 56,571 55,000 57,000 101-422-4-335-06 Fire Insurance Premium 57,000 58,000
5 5 0 0 101-422-4-342-03 Fines/Fees
164 612 0 3,000 101-422-4-441-08 Reimbursed Expense
400 0 0 101-422-4-446-10 Donations 15,000
1,458 1,954 1,500 1,500 101-422-4-446-16 Inspection Fees 1,500 1,500
0 35,500 0 101-422-4-664-00 Sale of Fixed Assets 0
58,549 94,642 83,121 87,408 Revenue Total 73,500 59,500
168,980 176,360 185,953 184,421 101-422-5-101-00 Regular Pay 186,451 186,451
8,223 1,810 10,000 6,000 101-422-5-101-01 Temporary Pay 10,000 10,000
295 0 0 101-422-5-101-05 On Call Pay 0 0
2,300 0 0 101-422-5-101-09 Stipend 0 0
12,755 12,779 15,351 13,995 101-422-5-120-00 FICA 15,847 15,847
12,926 13,419 14,382 13,899 101-422-5-121-09 Retirement 14,897 14,897
97,341 101,572 98,000 102,000 101-422-5-121-10 Retirement/Volunteer Firemen 102,000 103,000
33,384 34,855 33,437 33,526 101-422-5-123-00 Group Insurance 37,037 40,741
10,328 10,978 12,295 12,295 101-422-5-130-00 Workman's Compensation 12,910 13,556
2,556 3,332 4,000 3,450 101-422-5-136-00 Wellness Reimbursement 4,200 4,200
349,088 355,104 373,418 369,586 Personnel Services Total 383,342 388,692
23,736 27,366 27,370 28,000 101-422-5-421-00 Insurance 28,191 29,037
5,164 5,776 6,500 5,900 101-422-5-422-06 Medical Services 6,500 6,500
5,492 4,410 6,000 5,900 101-422-5-422-07 Contracting Services 6,000 6,300
2,648 3,073 3,500 3,500 101-422-5-424-01 Equipment Rental 3,500 3,500
86,940 0 0 101-422-5-424-04 Hydrant Rental 0 0
160 0 200 0 101-422-5-425-01 Maintenance Office Equipment 0 0
839 365 1,250 1,000 101-422-5-425-02 Maintenance Motor Vehicles 1,250 1,250
10,310 7,264 7,500 7,500 101-422-5-425-03 Maintenance Trucks 7,500 7,500
6,361 6,735 8,000 7,500 101-422-5-425-04 Maintenance Equipment 8,000 8,000
685 1,009 1,000 1,000 101-422-5-425-05 Maintenance Buildings 1,000 1,000
2,966 3,491 3,000 2,500 101-422-5-425-06 Maintenance Radio 3,000 3,000
2,284 2,333 3,000 3,000 101-422-5-426-01 Office Supplies 3,000 3,200
36,293 33,969 35,000 37,000 101-422-5-426-03 General Supplies 35,000 37,000
273 253 300 275 101-422-5-426-04 Cleaning Supplies 300 300
880 67 150 150 101-422-5-426-05 Photographic Supplies 150 150
1,327 1,993 1,300 1,300 101-422-5-426-09 Subscriptions/Books 1,400 1,400
10,924 16,637 14,000 15,000 101-422-5-426-10 Gasoline 15,500 17,000
315 112 500 500 101-422-5-426-11 Oil & Grease Supplies 500 550
0 1,266 1,000 1,156 101-422-5-426-12 Tires 2,000 2,000
14,162 13,466 2,000 2,000 101-422-5-426-17 Uniforms & Clothing 2,000 2,500
146 131 300 300 101-422-5-426-28 Extinguishing Agents 300 350
4,062 3,188 5,000 3,000 101-422-5-426-29 Propane 5,000 5,000
12,054 15,297 15,000 15,000 101-422-5-427-01 Travel & Lodging 15,000 15,500
9,133 8,027 8,500 8,000 101-422-5-427-02 Registration & Training 8,500 9,000
5,607 5,873 5,400 5,200 101-422-5-428-01 Telephone 5,400 5,400
10,266 10,917 13,000 12,329 101-422-5-428-02 Electric & Water 13,000 13,200
1,538 2,143 2,200 2,300 101-422-5-429-01 Memberships & Dues 2,500 2,500
3,525 5,728 3,000 3,000 101-422-5-429-06 Fire Hose Replacement 3,000 3,500
220 246 300 200 101-422-5-429-08 Postage 300 325
20 0 0 101-422-5-429-09 Miscellaneous 0 0
3,015 5,268 5,000 5,000 101-422-5-429-10 Fire Safety Promotion 5,000 5,500
261,343 186,402 179,270 177,510 Operating Expense Total 182,791 190,462
Land 150,000
0 0 780,000 780,000 101-422-5-911-00 Buildings & Structures/Safety House 78,000
0 0 170,621 170,621 101-422-5-920-00 Equipment 320,000
584,063 621,033 158,145 158,145 101-422-5-930-00 Prin & int pay Fire Trucks/New Truck 14 158,145 158,145
23,912 23,912 25,000 25,000 101-422-5-940-00 Turn Out Gear 10,000 25,000
607,975 644,945 1,133,766 1,133,766 Capital Expense Total 396,145 503,145
58,549 94,642 83,121 87,408 Revenue Total 73,500 59,500
1,218,406 1,186,451 1,686,454 1,680,862 Expenditure Total 962,278 1,082,299
Draft 2013 Budget Request 8/23/2012 12
DRAFT 2013 8/23/2012 12
PUBLIC SAFETY
86,940 86,135 95,000 87,000 101-424-5-424-04 Hydrant Rental 88,000 90,000
86,940 86,135 95,000 87,000 Operating Expense Total 88,000 90,000
86,940 86,135 95,000 87,000 Expenditure Total 88,000 90,000
STREET DEPARTMENT
64,622 13,001 0 0 101-431-4-334-09 Grants 0 0
1,593 8,091 0 1,000 101-431-4-441-08 Reimbursed Expense 1,000 1,000
15,281 6,872 10,000 0 101-431-4-443-09 Miscellaneous 0 0
0 6,850 38,000 16,252 101-431-4-664-00 Sale of Fixed Assets 0 0
155,400 155,400 Inner fund loan for sweeper (Liquor)
81,496 34,814 203,400 172,652 Revenue Total 1,000 1,000
584,697 609,161 641,840 641,840 101-431-5-101-00 Regular Pay 648,700 648,700
19,087 18,792 35,000 35,000 101-431-5-101-01 Temporary Pay 29,000 29,000
27,534 44,539 50,000 50,000 101-431-5-101-04 Overtime Pay 55,000 55,000
0 0 0 0 101-431-5-101-05 On Call Pay 0 0
0 56 300 300 101-431-5-101-10 Wellness Benefit 300 300
45,759 49,116 53,595 53,595 101-431-5-120-00 FICA 57,720 57,720
36,673 39,989 40,835 40,835 101-431-5-121-09 Retirement 43,351 43,351
111,774 106,028 102,406 102,406 101-431-5-123-00 Group Insurance 115,394 126,934
30,444 29,870 34,351 34,351 101-431-5-130-00 Workman's Compensation 36,069 37,873
855,969 897,552 958,327 958,327 Personnel Services Total 985,534 998,878
33,805 33,361 36,249 36,249 101-431-5-421-00 Insurance 37,337 38,458
472 181 500 500 101-431-5-422-06 Medical Services 500 500
47,845 53,181 70,000 70,000 101-431-5-422-07 Contracting Services 71,000 71,000
600 450 600 600 101-431-5-422-15 Drug & Alcohol Testing 600 600
999 1,044 1,500 1,500 101-431-5-423-05 Advertising/Promotion Fees 1,500 1,500
450 250 650 650 101-431-5-425-01 Maintenance Office Equipment 650 650
6,755 6,159 8,000 8,000 101-431-5-425-03 Maintenance Trucks 8,000 8,000
17,562 12,325 20,000 20,000 101-431-5-425-04 Maintenance of Equipment 20,000 20,000
4,947 4,525 2,500 2,500 101-431-5-425-05 Maintenance Buildings 4,000 4,000
1,861 201 2,500 2,500 101-431-5-425-06 Maintenance Radio 2,500 2,500
22,941 9,894 25,000 25,000 101-431-5-425-11 Maintenance Sweeper 25,000 25,000
17,253 17,687 75,000 75,000 101-431-5-425-13 Maintenance Curb & Gutter 50,000 50,000
205,179 162,206 235,500 235,500 101-431-5-425-14 Maintenance Street Sealing 250,000 265,000
1,552 3,599 1,300 1,300 101-431-5-426-01 Office Supplies 1,300 1,300
15,150 25,424 18,000 18,000 101-431-5-426-03 General Supplies 20,000 20,000
1,500 1,535 1,500 1,500 101-431-5-426-04 Cleaning Supplies 1,530 1,560
34,894 53,038 45,000 45,000 101-431-5-426-10 Gasoline 45,000 45,000
4,312 3,960 4,000 4,000 101-431-5-426-11 Oil & Grease Supplies 4,080 4,160
4,462 2,372 9,500 9,500 101-431-5-426-12 Tires 15,000 15,300
31,940 60,672 40,000 40,000 101-431-5-426-13 Diesel Fuel 40,800 41,600
517 247 1,000 1,000 101-431-5-426-15 Chemicals 1,000 1,000
1,346 1,978 2,500 2,500 101-431-5-426-17 Uniforms 2,500 2,500
8,018 -17,134 7,500 7,500 101-431-5-426-18 Gravel 7,500 7,500
42,074 88,769 60,000 60,000 101-431-5-426-19 Bituminous Material 60,000 60,000
10,422 2,419 11,000 11,000 101-431-5-426-20 Dust Control 14,000 14,000
30,231 23,173 31,000 31,000 101-431-5-426-22 Salt & Calcium Chloride 31,600 32,200
10,602 7,703 11,000 11,000 101-431-5-426-23 Sand 11,200 11,400
24,996 26,850 27,000 27,000 101-431-5-426-24 Street Paint & Signs 27,500 28,000
125 2,514 1,000 1,700 101-431-5-427-01 Travel & Lodging 2,000 2,000
199 439 1,000 1,000 101-431-5-427-02 Registration & Training 1,000 1,000
3,828 3,942 4,700 4,700 101-431-5-428-01 Telephone 4,800 4,900
7,114 6,903 6,500 6,500 101-431-5-428-02 Electric & Water 6,630 6,760
10,346 9,664 19,800 19,800 101-431-5-428-03 Heat 19,800 20,200
459,024 405,962 376,350 376,350 101-431-5-428-04 Street Lights & Traffic Signals 383,877 391,555
0 0 500 500 101-431-5-428-05 Hauling Service 500 500
0 70 100 100 101-431-5-429-01 Membership & Dues 100 100
15 10 50 50 101-431-5-429-04 Licenses 50 50
16,173 6,735 17,000 17,000 101-431-5-441-03 West Nile Grant Expenses 17,000 17,000
Draft 2013 Budget Request 8/23/2012 13
DRAFT 2013 8/23/2012 13
1,079,508 1,022,308 1,175,299 1,175,999 Operating Expense Total 1,189,854 1,216,793
0 29,148 12,769 12,769 101-431-5-920-00 Furniture & Equipment
37,419 484,064 380,819 367,000 101-431-5-930-00 Machinery & Auto Equipment 70,086 411,000
101-431-5-950-01 Capital less than $5,000
101-431-5-960-00 Street Improvements
425,839 541,438 625,000 625,000 101-431-5-960-00 Street Improvement/Dig outs & Repair 575,000 570,000
463,258 1,054,650 1,018,588 1,004,769 Capital Expense Total 645,086 981,000
81,496 34,814 203,400 172,652 Revenue Total 1,000 1,000
2,398,735 2,974,511 3,152,214 3,139,095 Expenditure Total 2,820,474 3,196,671
ANIMAL CONTROL
1,770 2,880 1,800 1,800 101-442-4-221-04 Animal Licenses 1,800 1,800
334 210 300 300 101-442-4-441-08 Reimbursed Expense 300 300
10,264 11,902 10,500 9,500 101-442-4-445-02 Housing, Feed & Care 10,000 10,000
1,030 300 750 700 101-442-4-445-09 Fees 700 700
8,510 9,465 8,000 8,000 101-442-4-556-00 Animal at Large Fines 8,000 8,000
21,908 24,757 21,350 20,300 Revenue Total 20,800 20,800
39,013 40,058 41,198 41,198 101-442-5-101-00 Regular Pay 41,260 41,260
15,377 15,183 15,000 15,000 101-442-5-101-01 Temporary Pay 15,500 15,500
0 0 500 500 101-442-5-101-04 Overtime Pay 500 500
0 0 0 0 101-442-5-101-10 Wellness Benefit 0 0
3,895 3,960 4,360 4,360 101-442-5-120-00 FICA 4,494 4,494
2,341 2,403 2,520 2,520 101-442-5-121-09 Retirement 2,595 2,595
11,935 11,940 11,942 11,942 101-442-5-123-00 Group Insurance 6,294 6,924
1,072 1,107 1,149 1,149 101-442-5-130-00 Workman's Compensation 1,222 1,284
73,633 74,652 76,669 76,669 Personnel Services Total 71,865 72,557
458 457 503 101-442-5-421-00 Insurance 519 535
50 0 300 300 101-442-5-422-09 Testing Services 300 300
890 577 500 500 101-442-5-425-03 Maintenance Trucks 500 500
0 407 500 300 101-442-5-425-05 Maintenance Buildings 500 500
0 0 200 200 101-442-5-425-06 Maintenance Radio 200 200
670 298 500 464 101-442-5-426-01 Office Supplies 500 500
544 1,469 1,000 1,000 101-442-5-426-03 General Supplies 1,000 1,000
535 392 600 400 101-442-5-426-04 Cleaning Supplies 600 600
3,133 4,013 6,000 6,000 101-442-5-426-10 Gasoline 6,000 6,000
0 0 100 100 101-442-5-426-12 Tires 100 883
319 158 300 175 101-442-5-426-15 Chemicals 300 300
438 66 400 220 101-442-5-426-17 Uniforms 400 400
0 0 700 300 101-442-5-427-01 Travel & Lodging 700 700
0 100 150 150 101-442-5-427-02 Registration & Training 150 150
1,804 1,781 1,900 1,800 101-442-5-428-01 Telephone 1,900 1,900
3,129 3,398 3,800 3,500 101-442-5-428-02 Electric & Water 3,800 3,800
11,969 13,116 17,453 15,409 Operating Expense Total 17,469 18,268
0 2,500 0 0 101-442-5-911-00 Building & Structures 400 0
0 27,530 0 0 101-442-5-930-00 Auto Equipment 0 0
- 30,030 - - Capital Expense Total 400 -
21,908 24,757 21,350 20,300 Revenue Total 20,800 20,800
85,602 117,798 94,122 92,078 Expenditure Total 89,734 90,825
Draft 2013 Budget Request 8/23/2012 14
DRAFT 2013 8/23/2012 14
HILLCREST AQUATIC CENTER
32,892 30,674 33,000 36,300 101-449-4-346-04 Aquatic Center Concessions 36,300 38,000
0 0 0 0 101-449-4-441-08 Reimbursed Expense 0 0
161,842 165,541 167,000 177,000 101-449-4-446-02 Swimming Pool Fees 183,660 183,660
0 0 0 0 101-449-4-669-02 Miscellaneous 0 0
194,733 196,216 200,000 213,300 Total Revenue 219,960 221,660
0 0 52,696 52,696 101-449-5-101-00 Regular Pay 48,342 48,342
0 0 174,133 153,000 101-449-5-101-01 Temporary Pay 153,080 153,080
0 0 0 0 101-449-5-101-04 Overtime Pay 0 0
0 0 1,800 1,800 101-449-5-101-06 Car Allowance 1,800 1,800
0 0 0 0 101-449-5-101-10 Wellness Benefit 0 0
0 0 17,489 17,489 101-449-5-120-00 FICA 17,270 17,270
0 0 3,309 3,309 101-449-5-121-09 Retirement 3,137 3,137
0 0 7,219 7,219 101-449-5-123-00 Group Insurance 7,799 8,579
0 0 8,685 8,685 101-449-5-130-00 Workman's Compensation 9,110 9,566
0 0 265,331 244,198 Total Personnel Expense 240,538 241,774
0 0 7,879 101-449-5-421-00 Insurance 8,116 8,360
250 400 101-449-5-422-09 Testing Services 400 400
0 0 1,000 1,000 101-449-5-423-05 Advertising-Promotion Fees 1,200 1,200
0 0 12,500 12,500 101-449-5-425-04 Maintenance Equipment 14,000 15,000
0 0 7,500 7,500 101-449-5-425-05 Maint Buildings & Structures 8,000 8,000
0 0 1,750 1,250 101-449-5-426-01 Office Supplies 1,250 1,250
0 0 1,000 1,000 101-449-5-426-03 General Supplies 1,500 1,500
0 0 1,000 1,000 101-449-5-426-04 Cleaning Supplies 1,250 1,250
0 0 30,000 25,000 101-449-5-426-15 Chemicals 25,000 25,000
0 0 0 0 101-449-5-426-17 Uniforms 0 0
0 0 250 250 101-449-5-428-01 Telephone 250 250
0 0 29,000 29,000 101-449-5-428-02 Electric & Water 32,000 33,000
0 0 15,000 15,000 101-449-5-428-03 Heat 16,500 17,000
0 0 0 100 101-449-5-429-08 Postage 100 100
19,156 17,392 19,000 19,000 101-449-5-447-10 Concession Supplies 19,250 19,250
0 0 0 0 101-449-5-459-00 Loss or Damage 0 0
0 0 500 500 101-449-5-469-00 Credit Card Fees 500 600
0 0 0 0 101-449-5-854-00 Refunds 0 0
19,156 17,392 126,629 113,500 Total Operating Expense 129,316 132,160
0 0 0 0 101-449-5-911-00 Buildings & Structures 23,260 0
0 0 0 0 101-449-5-920-00 Furniture & Equipment 0 24,000
0 0 0 0 Total Capital Expense 23,260 24,000
194,733 196,216 200,000 213,300 Total Revenue 219,960 221,660
19,156 17,392 391,960 357,698 Total Expense 393,114 397,934
Draft 2013 Budget Request 8/23/2012 15
DRAFT 2013 8/23/2012 15
RECREATION DEPARTMENT
29 0 0 101-451-4-441-08 Reimbursed Expense 0 0
96,980 98,245 100,000 100,000 101-451-4-446-03 Recreation Program Fees 104,000 110,000
1,669 723 1,000 1,000 101-451-4-446-04 Brookings Art Center 1,000 1,000
85,241 12,940 22,000 14,000 101-451-4-446-07 Reimbursements 14,000 15,000
458 795 0 101-451-4-669-02 Miscellaneous 0 0
184,376 112,704 123,000 115,000 Revenue Total 119,000 126,000
196,740 212,810 83,668 83,668 101-451-5-101-00 Regular Pay 75,553 75,553
296,587 315,076 95,000 116,053 101-451-5-101-01 Temporary Pay Recreation 116,053 116,053
82,246 8,222 9,500 9,500 101-451-5-101-02 Temporary Pay Affiliate 9,500 9,500
186 499 0 0 101-451-5-101-04 Overtime Pay 0 0
6,738 5,438 3,750 3,750 101-451-5-101-06 Car Allowance 3,750 3,750
26 61 0 0 101-451-5-101-10 Wellness Benefit 0 0
43,595 38,434 14,778 14,778 101-451-5-120-00 FICA 14,252 14,252
12,255 11,317 5,321 5,321 101-451-5-121-09 Retirement 4,908 4,908
26,967 16,723 15,474 15,474 101-451-5-123-00 Group Insurance 13,930 15,323
22,040 14,048 2,375 2,375 101-451-5-130-00 Workman's Compensation 3,440 3,613
687,380 622,627 229,866 250,919 Personnel Services Total 241,386 242,952
10,925 11,480 1,967 1,967 101-451-5-421-00 Insurance 2,163 2,229
1,160 2,351 4,000 4,000 101-451-5-422-07 Contracting Services 4,000 4,000
9,528 8,569 9,000 10,000 101-451-5-423-05 Advertising/Promotion Fees 10,000 10,000
68 0 500 500 101-451-5-425-02 Maintenance Motor Vehicle 500 500
3,095 11,323 4,000 5,000 101-451-5-425-05 Maintenance Buildings 5,000 5,000
2,920 2,484 2,500 3,000 101-451-5-426-01 Office Supplies 3,000 3,000
1,591 483 1,500 1,500 101-451-5-426-04 Cleaning Supplies 1,500 1,500
16,202 9,324 20,000 20,000 101-451-5-426-07 Recreation Supplies 20,000 20,000
0 0 100 250 101-451-5-426-09 Subscriptions/Books 250 250
480 947 1,000 1,000 101-451-5-426-10 Gasoline 1,000 1,000
7,775 7,941 10,000 9,000 101-451-5-426-17 Uniforms 9,000 9,000
0 1,125 1,500 1,500 101-451-5-427-01 Travel & Lodging 1,500 1,500
770 480 600 1,500 101-451-5-427-02 Registration & Training 1,500 1,500
3,781 4,216 4,000 5,000 101-451-5-428-01 Telephone 4,000 4,000
8,106 8,730 8,500 8,500 101-451-5-428-02 Electric & Water 8,500 8,500
3,617 3,709 4,500 4,500 101-451-5-428-03 Heat 4,500 4,500
35 260 100 200 101-451-5-429-01 Membership & Dues 200 200
350 500 1,000 750 101-451-5-429-08 Postage 750 750
0 100 0 200 101-451-5-459-00 Loss or Damage 200 200
872 493 500 500 101-451-5-469-00 Credit Card Fees/Banking Fees 500 500
8,396 8,078 5,000 8,000 101-451-5-854-00 Refunds 5,000 5,000
0 11,800 15,800 15,800 101-451-5-856-01 Affiliated Organizations 15,800 15,800
79,671 94,393 96,067 102,667 Operating Expense Total 98,863 98,929
- 0 0 0 101-451-5-920-00 Furniture & Equipment 0 0
- - - - 101-451-5-950-01 Capital less than $5,000 0 0
- - - - Capital Expense Total 0 0
184,376 112,704 123,000 115,000 Revenue Total 119,000 126,000
767,051 717,020 325,933 353,586 Expenditure Total 340,249 341,881
Draft 2013 Budget Request 8/23/2012 16
DRAFT 2013 8/23/2012 16
PARKS DEPARTMENT
0 12,920 0 101-452-4-334-07 Grants 0 0
0 20,838 0 12,900 101-452-4-334-09 Grants-Lions Park 0 0
3,107 2,262 2,500 2,700 101-452-4-446-04 Tennis Court Fees 2,500 2,500
11,115 13,067 10,000 10,775 101-452-4-446-06 Camping Fees 10,775 10,000
11 0 0 101-452-4-446-07 Reimbursements 0 0
12,591 20,284 0 500 101-452-4-446-08 Reimbursed Expense 15,000 15,000
4,100 7,950 0 101-452-4-446-10 Donations 5,000 5,000
920 2,156 0 1,750 101-452-4-446-19 Mowing Services & Materials 1,000 1,000
7,009 7,477 7,500 10,775 101-452-4-662-11 Garden Plot Rentals 11,000 11,000
99 1,191 0 0 101-452-4-669-02 Miscellaneous Revenue 0 0
38,953 88,144 20,000 39,400 Revenue Total 45,275 44,500
376,615 389,345 367,046 367,046 101-452-5-101-00 Regular Pay 367,053 367,053
140,937 148,465 165,000 165,000 101-452-5-101-01 Temporary Pay 165,000 165,000
5,766 7,247 5,500 5,500 101-452-5-101-04 Overtime Pay 7,300 7,300
1,475 1,375 1,200 1,200 101-452-5-101-06 Car Allowance 1,200 1,200
75 0 600 600 101-452-5-101-10 Wellness Benefit 600 600
36,574 37,126 41,343 41,343 101-452-5-120-00 FICA 42,231 42,231
21,988 21,957 22,526 22,526 101-452-5-121-09 Retirement 23,222 23,222
84,700 94,861 90,457 90,457 101-452-5-123-00 Group Insurance 96,822 106,505
18,949 20,090 22,640 22,640 101-452-5-130-00 Workman's Compensation 23,773 24,962
687,078 720,467 716,312 716,312 Personnel Services Total 727,201 738,073
26,770 24,294 15,063 15,063 101-452-5-421-00 Insurance 23,320 24,020
0 800 4,000 4,000 101-452-5-422-03 Consulting/Engineering 0 0
0 0 0 101-452-5-422-04 Contracting Services/Pro 0 0
3,117 1,633 2,000 2,000 101-452-5-422-07 Contracting Services 5,000 5,000
45 0 500 500 101-452-5-422-15 Drug & Alcohol Testing 500 500
0 0 500 500 101-452-5-423-01 Publication /Recording Fees 500 500
628 120 700 7,000 101-452-5-423-05 Advertising/Promotion Fees 700 700
7,207 6,250 3,500 3,500 101-452-5-424-01 Equipment Rental 7,000 7,000
0 23 500 500 101-452-5-425-01 Maintenance Office Equipment 300 300
1,772 3,518 4,500 4,500 101-452-5-425-02 Maintenance Motor Vehicle 3,500 3,500
2,660 3,734 2,500 2,500 101-452-5-425-03 Maintenance Trucks 3,700 3,700
51,478 53,245 25,000 25,000 101-452-5-425-04 Maintenance Equipment 25,000 25,000
8,957 12,910 8,000 8,000 101-452-5-425-05 Maintenance Buildings 8,000 8,000
0 0 200 200 101-452-5-425-06 Maintenance Radio 200 200
15,519 18,705 0 101-452-5-425-11 Maintenance Swimming Pool 0 0
1,416 1,390 1,500 1,500 101-452-5-426-01 Office Supplies 1,500 1,500
39,813 43,701 40,000 40,000 101-452-5-426-03 General Supplies 42,000 42,000
7,980 6,846 7,000 7,000 101-452-5-426-04 Cleaning Supplies 7,000 7,000
18,856 18,327 20,000 20,000 101-452-5-426-06 Horticulture Supplies 20,000 20,000
540 363 750 750 101-452-5-426-09 Subscriptions/Books 600 600
25,033 27,219 29,500 29,500 101-452-5-426-10 Gasoline 29,500 29,500
2,280 3,699 3,000 3,000 101-452-5-426-11 Oil & Grease Supplies 3,500 3,500
3,008 2,792 3,000 3,000 101-452-5-426-12 Tires 4,000 4,000
11,074 19,898 14,000 14,000 101-452-5-426-13 Diesel Fuel 14,000 14,000
31,942 20,985 4,000 4,000 101-452-5-426-15 Chemicals 4,000 4,000
1,525 2,116 2,000 2,000 101-452-5-426-17 Uniforms 2,200 2,200
2,935 1,092 1,500 1,500 101-452-5-426-18 Gravel 2,000 2,000
0 0 2,500 2,500 101-452-5-426-19 Bituminous Material 2,500 2,500
9,927 0 10,000 10,000 101-452-5-426-21 Bike Trail & Parking Lot sealing 10,000 10,000
4,408 7,363 3,000 3,000 101-452-5-426-23 Sand 6,000 6,000
626 2,219 2,000 2,000 101-452-5-427-01 Travel & Lodging 2,500 2,500
1,100 480 1,000 1,000 101-452-5-427-02 Registration & Training 1,000 1,000
7,639 8,503 8,000 8,000 101-452-5-428-01 Telephone 8,500 8,500
156,263 188,962 55,000 55,000 101-452-5-428-02 Electric & Water 55,000 55,000
45,216 48,630 7,500 7,500 101-452-5-428-03 Heat 7,500 7,500
1,502 970 1,500 1,500 101-452-5-428-05 Hauling Services 1,500 1,500
915 830 850 850 101-452-5-429-01 Membership & Dues 850 850
984 557 1,500 1,000 101-452-5-429-08 Postage 1,000 1,000
1,317 510 1,000 1,000 101-452-5-469-00 Banking Fees/Credit Card Fees 1,000 1,000
Draft 2013 Budget Request 8/23/2012 17
DRAFT 2013 8/23/2012 17
655 225 0 101-452-5-854-00 Remit Revenue Collected 0 0
495,105 532,910 287,063 292,863 Operating Expense Total 305,370 306,070
11,667 0 0 0 101-452-5-911-00 Building & Structures 288,000 642,000
77,447 80,712 12,325 12,325 101-452-5-920-00 Furniture & Equipment
0 139,153 154,071 154,071 101-452-5-930-00 Machinery & Auto Equipment 78,600 298,000
14,806 0 108,005 108,005 101-452-5-940-00 Other Capital
0 0 0 0 101-452-5-950-01 Capital less than $5,000
2,148 0 15,000 15,000 101-452-5-960-00 Street & Sidewalk Improvements
106,067 219,865 289,401 289,401 Capital Expense Total 366,600 940,000
38,953 88,144 20,000 39,400 Revenue Total 45,275 44,500
1,288,250 1,473,242 1,292,776 1,298,576 Expenditure Total 1,399,171 1,984,143
LARSON ICE ARENA
54,336 65,698 90,000 150,000 101-453-4-446-05 Ice Arena Fees 150,000 150,000
0 0 0 0 101-453-4-446-08 Reimbursed Expense 0 0
54,645 44,646 60,000 42,000 101-453-4-446-18 Donations 42,000 42,000
108,981 110,343 150,000 192,000 Total Revenue 192,000 192,000
0 0 89,195 89,195 101-453-5-101-00 Regular Pay 86,661 86,661
0 0 25,600 25,600 101-453-5-101-01 Temporary Pay 28,000 30,000
0 0 500 500 101-453-5-101-04 Overtime Pay 500 500
0 0 1,350 1,350 101-453-5-101-06 Car Allowance 1,350 1,350
0 0 0 0 101-453-5-101-10 Wellness Benefit 0 0
0 0 8,920 8,920 101-453-5-120-00 FICA 8,926 8,926
0 0 5,460 5,460 101-453-5-121-09 Retirement 5,465 5,465
0 0 14,037 14,037 101-453-5-123-00 Group Insurance 15,242 16,767
0 0 1,408 1,408 101-453-5-136-00 Workman's Compensation 3,436 3,608
0 0 146,470 146,470 Total Personnel Expense 149,580 153,277
0 0 6,434 6,434 101-453-5-421-00 Insurance 6,628 6,827
0 0 1,000 1,000 101-453-5-423-05 Advertising/Promotion Fees 1,000 1,000
0 0 10,000 10,000 101-453-5-425-04 Maintenance Equipment 12,000 12,000
0 0 2,750 2,750 101-453-5-425-05 Maintenance Buildings 3,000 3,000
0 0 500 500 101-453-5-426-01 Office Supplies 500 500
0 0 3,500 4,100 101-453-5-426-03 General Supplies 4,200 4,200
0 0 2,000 2,000 101-453-5-426-04 Cleaning Supplies 2,250 2,250
2,500 2,500 101-453-5-426-10 Propane, Gasoline 2,500 2,700
0 0 0 0 101-453-5-426-15 Chemicals 0 0
1,500 1,500 101-453-5-427-02 Registration & Training 1,500 1,500
0 0 1,500 1,500 101-453-5-428-01 Telephone 1,500 1,500
0 0 82,000 82,000 101-453-5-428-02 Electric & Water 82,000 82,000
0 0 24,000 35,000 101-453-5-428-03 Heat 35,000 35,000
350 350 101-453-5-429-01 Membership and Dues 350 350
0 0 300 300 101-453-5-469-00 Credit Card Fees 300 300
0 0 0 0 101-453-5-854-00 Refunds 0 0
0 0 138,334 149,934 Total Operating Expense 152,728 153,127
0 0 0 0 101-453-5-911-00 Building & Structures 20,000 120,000
0 0 0 0 101-453-5-930-00 Machinery & Equipment 22,600 149,280
3,000 0 101-453-5-950-00 Capital Under $5,000
0 0 3,000 0 Total Capital Expense 42,600 269,280
108,981 110,343 150,000 192,000 Revenue Total 192,000 192,000
0 0 287,804 296,404 Expenditure Total 344,908 575,684
Draft 2013 Budget Request 8/23/2012 18
DRAFT 2013 8/23/2012 18
FORESTRY DEPARTMENT
0 0 0 101-454-4-334-07 State Grant 0 0
103 0 0 101-454-4-441-08 Reimbursed Expense 0
31,101 52,701 10,000 30,000 101-454-4-441-09 Miscellaneous 15,000 15,000
0 0 0 101-454-4-446-10 Donation 0 0
31,203 52,701 10,000 30,000 Revenue Total 15,000 15,000
215,040 234,772 212,110 212,110 101-454-5-101-00 Regular Pay 214,041 214,041
9,179 9,453 15,000 15,000 101-454-5-101-01 Temporary Pay 15,000 15,000
690 1,633 750 750 101-454-5-101-04 Overtime Pay 750 750
738 688 600 600 101-454-5-101-06 Car Allowance 600 600
101454-5-101-07 Clothing Allowance 1,000 1,000
75 0 0 0 101-454-5-101-10 Wellness Benefit 0 0
16,301 16,427 17,499 17,499 101-454-5-120-00 FICA 18,169 18,169
11,634 11,738 12,825 12,825 101-454-5-121-09 Retirement 13,350 13,350
32,620 30,151 27,751 27,751 101-454-5-123-00 Group Insurance 30,768 33,845
25,829 57,053 41,906 41,906 101-454-5-130-00 Workman's Compensation 44,002 46,202
312,105 361,914 328,441 328,441 Personnel Services Total 337,680 342,957
4,070 4,013 6,333 6,333 101-454-5-421-00 Insurance 6,523 6,719
195 165 200 200 101-454-5-422-15 Drug & Alcohol Testing 200 200
7,132 7,534 6,500 6,500 101-454-5-425-03 Maintenance Trucks 7,500 7,500
4,746 6,773 5,000 5,000 101-454-5-425-04 Maintenance Equipment 5,000 5,000
875 92 1,000 1,000 101-454-5-425-05 Maintenance Buildings 1,000 1,000
0 0 100 100 101-454-5-425-06 Maintenance Miscellaneous 300 300
620 4,836 750 750 101-454-5-425-17 Maintenance Sidewalks 5,000 1,000
5,173 6,146 6,000 6,000 101-454-5-426-03 General Supplies 6,000 6,000
18,031 15,091 15,000 12,000 101-454-5-426-06 Horticulture Supplies 9,000 10,000
48 48 150 150 101-454-5-426-09 Subscriptions/Books 150 150
10,535 12,932 13,000 13,000 101-454-5-426-10 Gasoline 13,000 13,000
280 461 500 1,100 101-454-5-426-11 Oil & Grease Supplies 1,000 1,000
523 1,475 2,000 2,000 101-454-5-426-12 Tires 2,000 2,000
6,872 8,660 7,000 7,000 101-454-5-426-13 Diesel Fuel 7,300 7,300
86 0 750 750 101-454-5-426-15 Supplies 750 750
949 487 1,500 1,605 101-454-5-426-17 Uniforms 1,500 1,500
368 0 750 750 101-454-5-426-23 Sand 750 750
779 791 750 750 101-454-5-427-01 Travel & Lodging 1,000 1,000
322 755 1,000 1,000 101-454-5-427-02 Registration & Training 1,800 2,000
1,057 1,082 1,200 1,200 101-454-5-428-01 Telephone 1,200 1,200
1,490 1,456 6,000 6,000 101-454-5-428-03 Heat 6,000 6,000
2,857 1,058 2,750 2,750 101-454-5-428-05 Hauling Service 3,000 3,000
115 100 150 150 101-454-5-429-01 Membership & Dues 150 150
300 303 300 300 101-454-5-429-08 Postage 600 600
67,424 74,259 78,683 76,388 Operating Expense Total 80,723 78,119
62,637 0 0 101-454-5-911-00 Buildings & Structures 7,000
21,000 55,000 55,000 101-454-5-930-00 Machinery & Auto Equipment 2,500 210,000
1,864 7,000 7,000 101-454-5-950-01 Capital less than $5,000
- 85,501 62,000 62,000 Capital Expense Total 9,500 210,000
31,203 52,701 10,000 30,000 Revenue Total 15,000 15,000
379,529 521,674 469,124 466,829 Expenditure Total 427,903 631,076
Draft 2013 Budget Request 8/23/2012 19
DRAFT 2013 8/23/2012 19
LIBRARY
25,000 25,000 25,000 25,000 101-455-4-339-00 In Lieu of Taxes 25,000 25,000
0 0 0 101-455-4-334-09 Grants 0 0
2,315 1,584 2,500 1,600 101-455-4-662-01 Rent 1,600 1,600
5,459 5,385 4,000 4,500 101-455-4-669-01 Miscellaneous 4,500 5,000
32,775 31,968 31,500 31,100 Revenue Total 31,100 31,600
459,922 456,174 485,043 485,043 101-455-5-101-00 Regular Pay 488,367 488,367
48,878 55,770 54,844 54,800 101-455-5-101-01 Temporary Pay 56,700 56,700
428 549 600 625 101-455-5-101-10 Wellness Benefit 600 600
36,164 36,978 41,363 41,363 101-455-5-120-00 FICA 42,837 42,837
27,124 28,044 29,104 29,104 101-455-5-121-09 Retirement 30,196 30,196
61,059 63,648 63,900 63,900 101-455-5-123-00 Group Insurance 70,827 77,910
1,452 1,854 1,856 1,856 101-455-5-130-00 Workman's Compensation 2,009 2,110
635,026 643,018 676,710 676,691 Personnel Services Total 691,536 698,720
7,091 7,048 7,286 7,286 101-455-5-421-00 Insurance 7,506 7,732
36,867 46,044 44,000 47,000 101-455-5-422-08 Computer Services 51,750 52,750
0 410 500 450 101-455-5-423-05 Advertising/Promotion Fees 500 500
1,386 1,584 1,800 1,600 101-455-5-424-01 Equipment Rental 1,800 1,800
895 896 1,500 600 101-455-5-425-01 Maintenance Office Equipment 600 600
8,450 9,223 10,000 9,500 101-455-5-425-04 Maintenance Equipment 9,500 10,000
4,176 2,345 3,000 3,500 101-455-5-425-05 Maintenance Buildings 3,000 3,500
1,227 645 800 750 101-455-5-426-01 Office Supplies 800 800
13,996 15,170 14,000 14,000 101-455-5-426-03 General Supplies 14,000 14,000
3,162 3,406 3,250 3,300 101-455-5-426-04 Cleaning Supplies 3,400 3,500
5,268 6,329 5,600 5,700 101-455-5-427-01 Travel & Lodging 5,600 5,750
4,216 4,019 6,000 4,500 101-455-5-428-01 Telephone 4,500 4,500
64,407 62,408 59,000 60,000 101-455-5-428-02 Electric & Water 60,000 62,000
19,440 19,560 20,250 19,700 101-455-5-429-03 Cleaning Services 22,000 22,000
9,000 4,463 5,000 5,000 101-455-5-429-08 Postage 5,000 5,000
179,581 183,550 181,986 182,886 Operating Expense Total 189,956 194,432
0 0 0 101-455-5-911-00 Building & Structures 0 0
11,915 3,547 16,000 14,000 101-455-5-950-01 Capital less than $5,000 7,000 7,500
52,794 50,930 55,000 53,000 101-455-5-950-02 Adult Reading Level Books 52,000 52,500
15,690 16,641 17,000 17,000 101-455-5-950-03 Children Reading Level Books 17,000 17,500
26,469 23,822 22,000 23,000 101-455-5-950-04 Audio/Visual Material 21,000 22,000
7,706 8,216 8,300 8,400 101-455-5-950-05 Periodicals/Subscriptions 8,300 8,400
6,488 6,644 6,500 6,600 101-455-5-950-06 Large Print Books 6,500 6,700
7,323 7,970 8,000 8,000 101-455-5-950-07 Young Adult Reading Level Book 8,000 8,200
128,385 117,771 132,800 130,000 Capital Expense Total 119,800 122,800
32,775 31,968 31,500 31,100 Revenue Total 31,100 31,600
942,992 944,338 991,496 989,577 Expenditure Total 1,001,292 1,015,952
APPROPRIATION/SUBSIDIES
21,000 21,000 21,000 21,000 101-495-5-856-03 Brookings Arts Council 21,000 21,000
8,000 8,000 8,000 8,000 101-495-5-856-04 Community Band Subsidy 8,000 8,000
5,000 5,000 5,000 5,000 101-495-5-856-05 SDSU Safe Ride 5,000 5,000
60,000 65,000 65,000 65,000 101-495-5-856-07 Brookings Area Transit Authority 70,000 70,000
15,000 15,000 15,000 15,000 101-495-5-856-08 East Central Mental Health 15,000 15,000
0 0 1,000 1,000 101-495-5-856-11 Christmas Decorations Subsidy 1,000 1,000
207,200 207,200 207,200 207,200 101-495-5-856-37 School District Subsidy 207,200 207,200
10,000 10,000 10,000 10,000 101-495-5-856-49 4th of July Fireworks Display 0 0
4,480 11,243 0 0 101-495-5-856-68 Juvenile Justice Grant 0 0
75,000 75,000 75,000 75,000 101-495-5-856-69 Boys & Girls Club Subsidy 75,000 75,000
101-495-5-856-70 Brookings County Youth Mentoring Prog 2,500
405,680 417,443 407,200 407,200 Expenditure Total 404,700 402,200
Draft 2013 Budget Request 8/23/2012 20
DRAFT 2013 8/23/2012 20
TRANSFER OUT TO OTHER FUNDS
690,000 20,000 100,000 100,000 101-495-7-899-01 Transfer out to Airport 287,000
300,000 317,845 342,847 342,847 101-495-7-899-03 Transfer out to Swiftel 174,300 180,300
120,400 0 0 101-495-7-899-04 Transfer out to Edgebrook Golf
26,325 101-495-7-899-08 Transfer out to Special Assessment
50,000 101-495-7-899-27 Transfer out to Nature Park
1,186,725 337,845 442,847 442,847 Funding Other Funds 461,300 180,300
14,084,719 16,736,187 15,733,896 15,997,633 Total Revenue 14,985,366 15,632,172
7,353,262 7,595,162 8,036,262 8,030,005 Total Personal Services 8,220,371 8,333,061
3,029,536 3,032,865 3,718,740 3,519,027 Total Operating Expenses 4,102,396 3,938,490
405,680 417,443 407,200 407,200 Total Appropriation/Subsidies 404,700 402,200
1,186,725 337,845 442,847 442,847 Total Transfer Out to other Funds 461,300 180,300
1,463,644 2,646,447 4,256,809 4,143,955 Total Capital 1,796,599 3,295,637
13,438,847 14,029,761 16,861,858 16,543,034 Total Expenses 14,985,366 16,149,688
645,872 2,706,426 (1,127,962) (545,401) Total Net Rev or (Net Costs)0 (517,516)
5,103,018 3,975,056 4,557,617 General Fund Cash Balance 4,557,618 4,040,102
592,217 Reserved Fund Balance/Prior to GASB 54
7,898,462 Unreserved Fund Balance/Prior to GASB 54
Fund Balances:
2,616,277 Nonspendable
6,272 Restricted
4,498,922 Committed
1,509,153 Assigned
2,509,943 Unassigned
Draft 2013 Budget Request 8/23/2012 21
DRAFT 2013 8/23/2012 21
25% SALES & USE TAX
1,213,075 1,250,271 1,252,500 1,252,500 212-000-4-113-02 Sales & Use Tax 1,275,276 1,313,534
2,920 0 0 212-000-4-342-99 Miscellaneous 0 0
0 15,422 0 212-000-4-441-08 Wildfire Reimbursement 0 0
9,347 48,257 15,000 5,000 212-000-4-661-00 Interest Income 5,000 5,000
4,665 2,096 3,000 3,000 212-000-4-661-01 Money Market Interest 1,000 2,500
100,000 0 0 0 212-000-6-700-00 Transfer in from Streetscape 0 0
1,330,007 1,316,046 1,270,500 1,260,500 Revenue Total 1,281,276 1,321,034
1,655,034 1,640,213 1,624,713 1,624,713 212-000-7-899-00 Transfer out General Fund 842,483 914,401
205,179 220,000 235,500 0 212-000-7-899-02 Transfer out to Industrial Lands
0 36,931 0 0 Transfer out to City/County Adm Bldg 0 0
0 60,513 64,017 64,017 212-000-7-899-04 Transfer out to Edgebrook 38,213 38,213
0 212-000-7-899-01 Transfer out to Airport
190,000 180,322 184,347 184,347 212-000-7-899-10 Transfer out E911 95,101 135,449
2,050,213 2,137,979 2,108,577 1,873,077 Funding Other Funds 975,797 1,088,063
-720,206 -821,933 -838,077 -612,577 Net Revenue/Cost 305,479 232,971
794,346 (43,731)181,769 25% Sales & Use Tax Cash Bal 487,248 720,219
1,132,280 Fund Balance/Prior to GASB 54
Fund Balances:
915,780 Committed
0 Unassigned
75% PUBLIC IMPROVEMENT/SALES & USE TAX
3,691,460 3,805,666 3,757,500 3,757,500 213-000-4-113-02 Sales & Use Tax 3,881,779 3,998,232
58,301 65,000 65,000 213-000-4-334-09 Grants
11,071 213-000-4-441-08 Wildfire Reimbursement
30,800 0 16,541 16,541 213-000-4-446-10 Donations
100,993 115,977 100,000 100,000 213-000-4-661-00 Interest Income 100,000 100,000
20,229 5,605 15,000 15,000 213-000-4-661-01 Money Market Interest 15,000 15,000
10,879,675 213-000-4-663-50 Bond Proceeds
148,569 213-000-6-700-15 Transfer in from Bike Trail
314,500 213-000-9-700-16 Transfer in Retail Dev/closing fund
15,037,657 4,145,189 3,954,041 3,954,041 Revenue Total 3,996,779 4,113,232
458,000 1,908,000 1,838,123 1,690,000 213-000-5-470-01 Bond Principal Payments 1,340,000 1,355,000
326,448 470,023 372,634 356,093 213-000-5-470-02 Bond Interest Payments 322,293 305,543
14,518,294 1,200 1,200 1,200 213-000-5-470-03 Debt Service Costs 1,200 1,200
7,600 BAN Interest Cost 117,000
15,302,742 2,379,223 2,211,957 2,054,893 Debt Service Expenditure Total 1,780,493 1,661,743
0 500,000 0 0 213-000-5-856-67 SDSU Wellness Center
250,000 250,000 213-000-5-856-67 SDSU McCory Gardens
100,000 0 0 213-000-5-856-72 Boys & Girls Club Cap Impv/2010
150,000 150,000 150,000 150,000 213-000-5-856-76 SDSU Research Park 125,000 100,000
0 0 50,000 50,000 213-000-5-856-77 URC Child Care Center
250,000 650,000 450,000 450,000 Subsidy Expenditure Total 125,000 100,000
996,266 0 213-000-5-910-00 Land
213-000-5-911-00 HVAC System-One Unit-Activity Center 25,000
34,521 461,958 213-000-5-911-01 Railroad Crossing Arms 20,000
213-000-5-940-00 Larson E Lot/Sheldon Restroom 483,751
213-000-5-940-00 11th Street 1,000,000
213-000-5-940-00 7th Avenue South/Transfer Special Assmnt 450,000
99,668 2,000,000 0 213-000-5-940-00 Other Capital - 20th Ave 1,000,000
1,030,787 561,626 2,000,000 - Capital Expenditures 508,751 2,470,000
532,002 621,550 650,000 650,000 213-000-7-899-00 Transfer out-General Fund 810,000 1,282,000
44,880 0 89,950 89,950 213-000-7-899-01 Transfer out-Airport 197,665 386,138
300,846 189,529 338,500 338,500 213-000-7-899-03 Transfer out-Swiftel CIP 235,000 962,500
141,000 0 0 213-000-7-899-26 Transfer out-Bike Trail Project
124,100 72,000 101,500 101,500 213-000-7-899-28 Transfer out-Edgebrook Golf Course 95,000 57,000
0 0 800,000 800,000 213-000-7-899-29 Transf Spl Assmnt/25th Ave
0 75,000 587,274 0 213-000-7-899-30 Transfer out-Nature Park 810,216 218,614
0 0 132,125 0 213-000-7-899-31 Transfer out-Gateway Capital Project
1,142,828 958,079 2,699,349 1,979,950 Funding Other Funds 2,147,881 2,906,252
Draft 2013 Budget Request 8/23/2012 22
DRAFT 2013 8/23/2012 22
17,726,357 4,548,928 7,361,306 4,484,843 Total Expenses 4,562,125 7,137,995
-2,688,700 -403,739 -3,407,265 -530,802 Net Revenue/Cost -565,346 -3,024,763
3,196,289 (210,976)2,665,488 75% Sales & Use Tax Cash Bal 2,100,142 (924,621)
3,986,696 Fund Balance/Prior to GASB 54
Fund Balances:
3,582,847 Committed
0 Unassigned
ENHANCED 911
0 3,670 23,815 23,815 214-000-4-334-09 Grants 0 27,982
489,785 270,503 250,000 310,500 214-000-4-338-05 911 Telephone Surcharge 351,000 355,000
0 90,161 92,173 92,173 214-000-4-338-06 Brookings County 1/3 call demand 47,550 67,725
190,000 180,322 184,347 184,347 214-000-6-700-03 Brookings City 2/3 call demand 95,101 135,449
964 2,331 3,000 3,000 214-000-4-661-01 Interest Income 750 750
680,749 546,987 553,335 613,835 Revenue & Transfer from funds 494,401 586,906
291,634 289,090 306,748 322,654 214-000-5-101-00 Regular Pay 353,156 353,156
0 1,553 0 0 214-000-5-101-01 Temporary Pay 0 0
8,809 8,708 10,000 10,000 214-000-5-101-04 Overtime Pay 10,000 10,000
56 0 300 300 214-000-5-101-10 Wellness Benefit 300 300
21,698 21,663 24,300 25,517 214-000-5-120-00 FICA 28,607 28,607
17,820 17,867 19,059 20,014 214-000-5-121-09 Retirement 22,437 22,437
54,080 57,151 58,541 62,683 214-000-5-123-00 Group Insurance 85,593 85,593
836 686 1,099 1,099 214-000-5-130-00 Workman's Compensation 1,319 1,319
394,934 396,717 420,047 442,267 Personnel Services Total 501,412 501,412
4,497 4,721 5,000 4,800 214-000-5-422-02 Professional Fees 5,000 5,000
55,738 56,456 57,000 57,000 214-000-5-422-06 Database Services 58,000 59,000
7,006 4,275 7,100 7,100 214-000-5-424-01 Equipment Rental 7,100 700
1,557 2,310 4,000 4,000 214-000-5-425-04 Repair & Maintenance Eqp 4,000 4,000
839 729 2,000 2,500 214-000-5-425-06 Maintenance Radio 2,500 2,500
590 1,632 1,250 1,250 214-000-5-426-01 Office Supplies 1,500 1,500
1,405 1,425 2,000 1,900 214-000-5-426-03 General Supplies 2,000 2,000
83 83 125 83 214-000-5-426-09 Subscriptions/Books 125 125
736 1,129 2,000 1,150 214-000-5-426-17 Uniforms 2,400 200
1,051 0 3,000 500 214-000-5-427-01 Travel & Lodging 3,000 3,000
0 387 500 400 214-000-5-427-02 Registration & Training 1,000 750
7,469 3,779 4,000 3,889 214-000-5-428-01 Telephone 4,000 4,000
405 920 750 920 214-000-5-429-01 Membership & Dues 950 950
81,375 77,845 88,725 85,492 Operating Expense Total 91,575 83,725
0 0 23,815 23,815 214-000-5-911-00 Buildings & Structures 0 0
23,083 25,213 4,900 4,900 214-000-5-920-00 Furniture & Small Eqp 500 0
13,324 3,554 4,093 0 214-000-5-940-00 Software & Support-Bullberry 55,965
214-000-5-940-00 Software & Support-Justice Lite 0 0
214-000-5-940-00 Software & Support-Pictometry 2,356 2,356
0 519 1,461 0 214-000-5-950-01 Capital less than $5,000
36,407 29,287 34,269 28,715 Capital Expense Total 2,856 58,321
546,987 553,335 613,835 Revenue & Cash Transfer Total 494,401 586,906
394,934 396,717 420,047 442,267 Personnel Services Total 501,412 501,412
21,140 77,845 88,725 85,492 Operating Expense Total 91,575 83,725
- 29,287 34,269 28,715 Capital Expense Total 2,856 58,321
416,074 503,849 543,041 556,474 Expenditure Total 595,843 643,458
264,674 43,137 10,294 57,361 Net Revenue/Cost -101,442 -56,552
147,632 157,926 204,993 Enhanced E911 Cash Balance 103,551 46,999
165,784 Fund Balance/Prior to GASB 54
Fund Balances:
208,921 Restricted
0 Unassigned
Draft 2013 Budget Request 8/23/2012 23
DRAFT 2013 8/23/2012 23
SWIFTEL CENTER
1,202,522 1,620,232 1,408,686 1,247,551 224-000-4-669-02 Miscellaneous Revenues 1,436,704 1,500,526
300,000 317,845 342,847 342,847 224-000-6-700-00 Transfer in from General Fund 174,300 355,566
300,846 189,529 338,500 338,500 224-000-6-700-04 Transfer in Sales & Use Tax 235,000 962,500
18,378 21,910 17,293 17,293 224-000-6-700-13 Transfer in from 3rd B Tax 192,642 18,714
1,821,746 2,149,516 2,107,326 1,946,191 Revenue & Transfer from funds 2,038,646 2,837,306
760,294 915,817 925,710 908,028 224-000-5-101-02 Personnel Services 947,248 985,138
760,294 915,817 925,710 908,028 Personnel Services Total 947,248 985,138
90,324 132,795 95,481 95,543 224-000-5-422-07 Contracted Services 98,619 101,578
235,768 256,093 281,230 231,228 224-000-5-424-06 Occupancy 288,457 299,995
8,123 7,082 15,100 18,124 224-000-5-427-01 Travel and Motor Vehicle 17,700 18,408
436,203 604,845 433,885 395,830 224-000-5-429-09 Services/Operations 436,067 453,510
46,765 29,562 17,420 18,993 224-000-5-669-02 General Administrative 15,555 16,177
817,183 1,030,377 843,116 759,718 Operating Expense Total 856,398 889,668
300,846 325,523 338,500 338,500 224-000-5-940-01 Capital 235,000 962,500
300,846 325,523 338,500 338,500 Capital Expense Total 235,000 962,500
1,878,323 2,271,717 2,107,326 2,006,246 Expenditure Total 2,038,646 2,837,306
1,821,746 2,149,516 2,107,326 1,946,191 Revenue Total 2,038,646 2,837,306
-56,577 -122,201 0 -60,055 Net Revenue/Cost 0 0
95,386 95,386 35,331 Swiftel Center Cash Balance 35,331 35,331
-135,456 Fund Balance/Prior to GASB 54
Fund Balances:
21,944 Nonspendable
-143,607 Unassigned
LIBRARY FINES
47 0 0 226-000-4-446-10 Miscellaneous 0 0
29,088 27,593 30,000 28,000 226-000-4-559-00 Fines - Library 30,000 30,000
438 458 400 400 226-000-4-661-00 Interest - Investments 400 400
29,573 28,051 30,400 28,400 Revenue Total 30,400 30,400
30,810 30,498 35,000 32,000 226-000-5-899-99 Other Expenses 35,000 35,000
30,810 30,498 35,000 32,000 Other Expense Total 35,000 35,000
-1,237 -2,447 -4,600 -3,600 Net Revenue/Cost -4,600 -4,600
26,255 21,655 22,655 Library Fines Cash Balance 18,055 13,455
28,703 Fund Balance/Prior to GASB 54
Fund Balances:
26,255 Restricted
LIBRARY DONATIONS
20,246 16,684 25,000 20,000 227-000-4-446-10 Donations 25,000 25,000
1,109 834 0 500 227-000-4-446-10 Miscellaneous 500 500
0 3,564 500 227-000-4-661-00 Interest - Investments 0 0
21,355 21,081 25,500 20,500 Revenue Total 25,500 25,500
227-000-5-899-99 Other Expenses
28,550 25,059 35,000 35,000 227-000-7-899-00 Transfer out General Fund 35,000 35,000
28,550 25,059 35,000 35,000 Other Expense Total 35,000 35,000
-7,195 -3,978 -9,500 -14,500 Net Revenue/Cost -9,500 -9,500
60,107 50,607 45,607 Library Donations Cash Balance 36,107 26,607
50,781 Fund Balance/Prior to GASB 54
Fund Balances:
60,281 Restricted
Draft 2013 Budget Request 8/23/2012 24
DRAFT 2013 8/23/2012 24
SPECIAL ASSESSMENT
875 2,112 200 300 280-000-4-661-01 Money Market Interest Income 300 400
402,197 8,369 65,000 265,000 280-000-4-663-43 Special Assessment Deferred 100,000 100,000
2,978 6,741 5,000 300 280-000-4-663-44 Special Assessment Interest 3,000 4,000
13,968 40,172 40,000 3,500 280-000-4-663-45 Special Assessment Current 15,000 17,000
- 331 - 580 280-000-4-663-46 Special Assessment Delinquent
- - - 280-000-4-663-47 Special Assessment Sewer Hook up
110 131 - 280-000-4-663-48 Penalty
26,325 - - 280-000-6-700-00 Transfer in-General Fund
- - 800,000 800,000 280-000-6-700-20 Transfer in 75% P & I Fund/15th St&Swr 450,000
446,453 57,856 910,200 1,069,680 Revenue & Transfer from funds 118,300 571,400
210,060 1,580,000 1,200,000 280-000-5-960-00 Street & Sidewalk Improvements 110,000 110,000
280-000-5-960-04 15th St S & 7th Ave S 450,000
280-000-5-960-04 S Main Ave Sewer Line Extension
- 210,060 1,580,000 1,200,000 Capital Expense Total 110,000 560,000
446,453 -152,204 -669,800 -130,320 Net Revenue/Cost 8,300 11,400
93,211 -576,589 -37,109 Special Assessment Cash Bal -28,809 -17,409
239,315 Fund Balance/Prior to GASB 54
Fund Balances:
87,111 Committed
0 Unassigned
STORM DRAINAGE
676,159 687,649 670,000 680,000 282-000-4-112-01 Drainage Fees 685,000 690,000
8,868 13,393 4,000 4,000 282-000-4-112-02 Delinquent Drainage Fees 9,000 10,000
125,902 125,916 125,000 125,000 282-000-4-112-03 Drainage Fees/Direct Billing 125,000 125,000
862 1,123 300 300 282-000-4-112-04 Drainage Fees Interest 300 400
35,606 282-000-4-324-10 Grants
282-000-4-661-00 Interest Income
4,855 4,962 2,000 2,000 282-000-4-661-01 Money Market Interest Income 2,000 2,100
320,458 77,845 320,000 2,636,545 282-000-4-663-50 Proceeds from Debt SRF Loan 550,000 600,000
1,172,710 910,888 1,121,300 3,447,845 Revenue Total 1,371,300 1,427,500
45,851 46,468 52,764 50,000 282-000-5-101-00 Regular Pay 54,277 54,277
12,827 12,926 13,000 13,000 282-000-5-101-01 Temporary Pay 13,000 13,000
679 143 1,000 1,000 282-000-5-101-04 Overtime Pay 1,000 1,000
4,352 4,449 4,358 3,600 282-000-5-120-00 FICA 4,596 4,596
2,792 2,904 3,184 3,000 282-000-5-121-09 Retirement 3,370 3,370
7,500 9,379 10,550 9,100 282-000-5-123-00 Group Insurance 4,157 4,157
1,795 1,455 2,330 1,568 282-000-5-130-00 Workman's Compensation 2,447 2,570
75,796 77,724 87,186 81,268 Personnel Services Total 82,847 82,970
126,069 111,114 100,000 250,000 282-000-5-422-03 Consulting/Engineering 300,000 220,000
66,206 54,811 65,000 65,000 282-000-5-425-10 Maintenance Storm Sewer 68,000 70,000
2,184 -16 1,000 1,000 282-000-5-429-07 Miscellaneous 1,000 1,200
6,414 20 2,000 2,000 282-000-5-429-09 Miscellaneous 2,000 2,200
10,822 282-000-5-470-11 Principal Payment 14,812 20,000
8,706 282-000-5-470-12 Interest Payment 11,226 16,000
200,873 165,929 168,000 337,528 Operating Expense Total 397,038 329,400
- 15,155 282-000-5-910-00 Land
282-000-5-920-00 Machinery & Equipment 75,000
430,517 113,589 1,850,000 2,550,000 282-000-5-980-00 Storm Sewer Improvements 1,100,000 1,650,000
430,517 113,589 1,850,000 2,565,155 Capital Expense Total 1,175,000 1,650,000
707,186 357,242 2,105,186 2,983,951 Expenditure Total 1,654,885 2,062,370
1,172,710 910,888 1,121,300 3,447,845 Revenue Total 1,371,300 1,427,500
465,524 553,646 -983,886 463,894 Net Revenue/Cost -283,585 -634,870
1,524,341 540,455 1,988,235 Storm Drainage Cash Balance 1,704,650 1,069,780
963,418 Fund Balance/Prior to GASB 54
Fund Balances:
1,517,064 Committed
Draft 2013 Budget Request 8/23/2012 25
DRAFT 2013 8/23/2012 25
3rd B SALES TAX
681,060 730,386 700,000 730,000 284-000-4-113-01 Sales & Use Tax 752,000 775,000
2,072 1,311 2,000 850 284-000-4-661-01 Money Market Interest Income 1,000 1,200
25,000 25,000 25,000 284-000-6-700-17 Transfer in Electric 25,000 25,000
25,000 25,000 25,000 284-000-6-700-18 Transfer in Telephone 25,000 25,000
683,132 781,697 752,000 780,850 Revenue & Transfer from funds 803,000 826,200
26,221 14,455 15,000 15,000 284-000-5-422-07 Televised Contracted Services 16,000 16,000
6,000 6,000 284-000-5-422-08 Website Contracted Services 6,000 6,000
3,005 3,000 3,000 284-000-5-427-01 Travel & Lodging-ICSC-IEDC 3,000 3,000
6,714 6,826 7,200 7,167 284-000-5-429-01 1st District Membership Dues 8,400 8,400
32,935 24,286 31,200 31,167 Operating Expense 33,400 33,400
150,250 175,000 175,000 175,000 284-000-5-429-21 Convention & Visitors Bureau 220,000 220,000
25,000 25,000 25,000 25,000 284-000-5-856-02 Brookings Chamber Commerce 25,000 25,000
3,000 284-000-5-856-48 4th of July Fireworks Display 10,000 10,000
284-000-5-856-49 SDSU Student Visitor Promotional Initiatives 50,000 50,000
1,970 100 10,000 10,000 284-000-5-856-65 Specialized Promotional Initiatives 10,000 10,000
240,650 247,400 265,000 265,000 284-000-5-856-70 Visitors Promotional Board
192,000 192,000 192,000 192,000 284-000-5-856-73 Brookings Economic Dev Corp 192,000 192,000
25,000 0 15,000 15,000 284-000-5-856-74 Brookings Downtown Inc
634,870 639,500 682,000 685,000 Subsidy Expense 507,000 507,000
284-000-5-950-00 Automated Agenda Software 25,000
0 0 0 0 Capital Expense 0 25,000
18,378 21,910 17,293 17,293 284-000-7-899-03 Transfer out to Swiftel 192,642 192,642
18,378 21,910 17,293 17,293 Total Transfer Out 192,642 192,642
686,183 685,696 730,493 733,460 Expenditure Total 733,042 758,042
683,132 781,697 752,000 780,850 Revenue Total 803,000 826,200
-3,051 96,001 21,507 47,390 Net Revenue/Cost 69,958 68,158
425,415 478,122 506,972 3RD B Sales Tax Cash Bal 576,930 645,088
428,508 Fund Balance/Prior to GASB 54
Fund Balances:
35,000 Nonspendable
495,098 Restricted
PILLOW TAX
0 0 0 200,000 285-000-4-113-01 Pillow Tax 400,000 400,000
0 0 0 0 285-000-4-661-00 Interest Income
0 0 0 0 285-000-4-661-01 Money Market Interest Income
0 0 0 200,000 Total Revenue 400,000 400,000
2,040 Administration Fee 4,080 4,080
0 0 0 0 285-000-5-429-07 Miscellaneous
285-000-5-429-21 Convention & Visitors Bureau 200,000 200,000
0 0 0 2,040 Total Expenses 204,080 204,080
0 0 0 197,960 Net Revenue 195,920 195,920
99,960 BID Cash Balance 295,880 491,800
TIF DIST #1 DEBT SERVICE: INNOVATION CAMPUS
132,107 132,500 314-000-4-111-04 Current TIF Taxes 132,500 132,500
0 0 132,107 132,500 Revenue & Transfer from funds 132,500 132,500
44,677 44,677 314-000-5-601-00 Principal Payment 44,677 61,706
87,430 87,823 314-000-5-602-00 Interest Payment 87,823 70,794
132,107 132,500 Expenditure Total 132,500 132,500
0 0 0 0 Net Revenue/Cost 0 0
- TIF Dist #1 Debt Service Cash Bal 0 0
Fund Balances:
(1,656,822) Unassigned
Draft 2013 Budget Request 8/23/2012 26
DRAFT 2013 8/23/2012 26
TIF DIST #3 DEBT SERVICE: VALLEY VIEW ADDITION
113,587 120,000 316-000-4-111-04 Current TIF Taxes 120,000 120,000
0 0 113,587 120,000 Revenue & Transfer from funds 120,000 120,000
316-000-5-601-00 Principal Payment
113,587 150,648 316-000-5-602-00 Interest Payment 120,000 120,000
113,587 150,648 Expenditure Total 120,000 120,000
0 -30,648 Net Revenue/Cost 0 0
30,648 TIF Dist #3 Debt Service Cash Bal
0 Fund Balance
TIF DIST #4 DEBT SERVICE: SIELER ADDITION
- 76,472 67,664 317-000-4-111-04 Current TIF Taxes 67,664 67,664
0 0 76,472 67,664 Revenue & Transfer from funds 67,664 67,664
317-000-5-601-00 Principal Payment
76,472 71,618 317-000-5-602-00 Interest Payment 67,664 67,664
76,472 71,618 Expenditure Total 67,664 67,664
0 -3,954 Net Revenue/Cost 0 0
3,954 TIF Dist #4 Debt Service Cash Bal
0 Fund Balance
TIF DIST #5 DEBT SERVICE: 32nd Avenue
- 318-000-4-111-04 Current TIF Taxes 0
0 0 0 0 Revenue & Transfer from funds 0 0
318-000-5-601-00 Principal Payment
0 318-000-5-602-00 Interest Payment 0
0 0 Expenditure Total 0 0
0 0 Net Revenue/Cost 0 0
TIF Dist #5 Debt Service Cash Bal
0
TIF DIST #6 DEBT SERVICE: Digester
- - 319-000-4-111-04 Current TIF Taxes 0
0 0 0 0 Revenue & Transfer from funds 0 0
319-000-5-601-00 Principal Payment
0 319-000-5-602-00 Interest Payment 0
0 0 Expenditure Total 0 0
0 0 Net Revenue/Cost 0 0
TIF Dist #6 Debt Service Cash Bal
CITY-COUNTY ADMINISTRATIVE BUILDING
700 1,898,970 2,275,403 518-000-4-441-08 County Reimbursement
518-000-4-441-09 Sale of Fixed Assets
6,000,000 518-000-4-653-50 Bond Proceeds
-69,165 134,534 0 518-000-4-661-00 Interest Income
8,885 2,500 518-000-4-661-01 Money Market Interest Inc
1,133 9,545 0 518-000-4-669-02 Miscellaneous
5,932,668 152,964 1,898,970 2,277,903 Total Revenue 0 0
364,370 414,332 518-000-5-422-03 Consulting/Engineering
90,817 50,225 102,043 134,534 518-000-5-429-09 Miscellaneous
128,747 518-000-5-450-08 Designing Fees
455,187 593,304 102,043 134,534 Total Expenses 0 0
78,065 2,625,354 4,375,775 4,375,775 518-000-5-999-83 Site Work
518-000-5-999-87 Parking Lot
78,065 2,625,354 4,375,775 4,375,775 Total Capital Expense 0 0
533,252 3,218,658 4,477,818 4,510,309 Grand Total Expense 0 0
5,399,416 -3,065,694 -2,578,848 -2,232,406 Net Income/Cost 0 0
2,497,489 -81,359 265,083 City/County Adm Proj Cash Bal
5,616,442 Fund Balance/Prior to GASB 54
Fund Balances:
2,550,748 Restricted
Draft 2013 Budget Request 8/23/2012 27
DRAFT 2013 8/23/2012 27
DAKOTA NATURE PARK
0 0 225,000 182,000 519-000-4-334-09 Grants 195,000 0
50,000 2,050,000 50,000 50,000 519-000-4-446-10 Donations 50,000 0
60 6,221 0 519-000-4-661-01 Money Market Interest Inc 0
50,000 0 0 519-000-6-700-00 Transfer in General Fund 0 0
0 53,568 0 519-000-6-700-02 Transfer in Landfill 0 0
0 75,000 587,274 519-000-6-700-04 Transfer in- Sales & Use Tax 810,216 218,614
100,060 2,184,789 862,274 232,000 Revenue & Transfer from funds 1,055,216 218,614
0 7,712 0 519-000-5-422-03 Consulting 0 0
49,500 99,963 2,640,444 1,285,643 519-000-5-940-00 Park Development 2,113,137 237,124
49,500 107,675 2,640,444 1,285,643 Total Expenditures 2,113,137 237,124
50,560 2,077,114 -1,778,170 -1,053,643 Net Revenue/Cost -1,057,921 -18,510
2,130,074 351,904 1,076,431 Nature Park Development Cash Bal 18,510 0
50,500 Fund Balance/Prior to GASB 54
Fund Balances:
2,127,614 Restricted
GATEWAY PROJECT
0 1,100,000 0 520-000-4-446-10 Donation
0 3,084 0 520-000-4-661-01 Money Market Interest Inc
0 0 132,125 0 520-000-6-700-04 Transfer in Sales & Use Tax
0 1,103,084 132,125 0 Total Revenue 0 0
0 59,082 20,000 22,500 520-000-5-422-03 Consulting 22,000 22,000
0 18,461 0 45,000 520-000-5-426-06 Horticulture Supplies 20,000 0
0 0 0 66,000 520-000-5-428-04 Street Lights 0 0
0 47,331 78,125 110,000 520-000-5-429-09 Miscellaneous 15,000 0
0 165,359 846,849 225,000 520-000-5-940-00 Other Capital 65,000 78,000
0 0 0 90,000 520-000-5-960-00 Street & Sidewalk Improve 0 0
0 290,234 944,974 558,500 Total Expense 122,000 100,000
0 812,850 -812,849 -558,500 Net Revenue/Cost -122,000 -100,000
823,693 10,844 265,193 Gateway Cash Balance 143,193 43,193
Fund Balances:
812,850 Restricted
TIF #6 DIGESTER
0 161,000 522-000-4-334-09 Grant 839,000
0 614,000 522-000-4-653-50 Proceeds from Debt 3,956,000
0 0 0 775,000 Total Revenue 4,795,000 0
0 30,000 522-000-5-422-03 Consulting
0 745,000 522-000-5-940-00 Other Capital 4,795,000
0 0 0 775,000 Total Expense 4,795,000 0
0 0 0 Net Revenue/Cost 0 0
TIF #6 Digester
Fund Balances:
Draft 2013 Budget Request 8/23/2012 28
DRAFT 2013 8/23/2012 28
LIQUOR FUND
170,134 175,182 175,000 175,000 601-000-4-380-04 Sales/Off Sale Miscellaneous 185,000 185,000
13,720 12,687 14,000 14,000 601-000-4-380-05 Sales/Off Sale Lottery Machine 14,000 14,000
15,088 16,377 15,500 15,500 601-000-4-380-06 Sales/Off Sale Lottery Tickets 16,500 16,500
-6,154 -6,224 -6,200 -6,200 601-000-4-380-08 Sales/Off Sale Lottery Payout -6,300 -6,300
1,840,162 1,969,173 1,925,000 1,925,000 601-000-4-380-11 Sales/Off Sale Liquor 2,190,000 2,190,000
-24,137 -24,227 -27,000 -27,000 601-000-4-380-12 Sales/Off Sale Liquor Discount -27,000 -27,000
744,128 664,661 720,000 720,000 601-000-4-380-21 Sales/Off Sale Wine 810,000 810,000
-23,374 -20,160 -22,000 -22,000 601-000-4-380-22 Sales/Off Sale Wine Discount -22,000 -22,000
843,481 893,143 870,000 870,000 601-000-4-380-31 Sales/Off Sale Beer 1,000,000 1,000,000
-4 -476 0 601-000-4-380-32 Sales/Off Sale Beer Discount 0 0
35,035 30,316 40,000 40,000 601-000-4-380-33 Sales/Off Sale Keg Deposits 40,000 40,000
-34,765 -30,910 -40,000 -40,000 601-000-4-380-34 Sales/Off Sale Keg Returns -40,000 -40,000
334 83 0 601-000-4-380-99 Sales/Off Sale Deposit Adjust 0 0
1,094,263 1,260,116 1,150,000 1,150,000 601-000-4-381-11 Sales/Operating Agree Liq/Wine 1,400,000 1,400,000
1,598,274 1,605,248 1,650,000 1,650,000 601-000-4-381-31 Sales/Operating Agreement Beer 1,650,000 1,650,000
2,321,957 2,421,964 2,400,000 2,400,000 601-000-4-381-32 Operating Agreement/Keg Deposit 2,550,000 2,550,000
392,318 416,918 440,000 440,000 601-000-4-381-98 Operating Agreement Markup 10%420,000 420,000
121,603 140,221 130,000 130,000 601-000-4-381-99 Operating Agreement Markup 11%154,000 154,000
5,250 4,261 5,000 5,000 601-000-4-661-00 Interest Income-Investments 5,000 5,000
8,242 6,938 8,000 8,000 601-000-4-661-01 Money Market Interest Income 8,000 8,000
1,640 0 0 601-000-4-662-12 Rent 0 0
-1,353,610 -1,462,830 -1,400,000 -1,400,000 601-000-4-852-01 Purchases/Liquor -1,600,000 -1,600,000
-711,784 -697,891 -750,000 -750,000 601-000-4-852-02 Purchases/Beer -800,000 -800,000
-138,211 -136,381 -145,000 -145,000 601-000-4-852-03 Purchases/Miscellaneous -145,000 -145,000
-527,301 -493,185 -500,000 -500,000 601-000-4-852-04 Purchases/Wine -600,000 -600,000
-21,440 -21,717 -22,000 -22,000 601-000-4-852-06 Purchases/Lottery -22,000 -22,000
-1,069,574 -1,237,758 -1,150,000 -1,150,000 601-000-4-852-07 Purchases/Liquor-Bars -1,400,000 -1,400,000
-3,863,563 -4,006,022 -3,950,000 -3,950,000 601-000-4-852-08 Purchases/Beer-Bars -4,200,000 -4,200,000
858 420 0 601-000-4-861-09 Miscellaneous (P)0 0
1,432,570 1,479,928 1,530,300 1,530,300 Revenue Total 1,580,200 1,580,200
205,521 213,476 267,809 267,809 601-000-5-101-00 Regular Pay 262,998 262,998
63,120 79,342 45,000 45,000 601-000-5-101-01 Temporary Pay 60,264 60,264
6,585 6,970 8,000 8,000 601-000-5-101-04 Overtime Pay 8,000 8,000
200 273 300 300 601-000-5-101-10 Wellness Benefit 300 300
19,688 21,532 25,479 25,479 601-000-5-120-00 FICA 25,917 25,917
13,576 14,392 16,559 16,559 601-000-5-121-09 Retirement 16,712 16,712
30,981 37,141 44,211 44,211 601-000-5-123-00 Group Insurance 56,603 62,264
2,682 2,281 3,652 3,652 601-000-5-130-00 Workman's Compensation 3,835 4,027
3,633 2,248 0 601-000-5-137-00 OPEB 0 0
345,986 377,656 411,010 411,010 Personnel Services Total 434,629 440,482
5,643 4,481 5,898 5,898 601-000-5-421-00 Insurance 6,075 6,258
1,245 800 1,300 1,300 601-000-5-422-02 Contracted Auditing Services 1,000 1,000
2,916 2,537 3,000 3,000 601-000-5-422-07 Contracting Services 2,600 2,600
29,630 26,025 35,000 35,000 601-000-5-423-05 Advertising/Promotion Fees 35,000 35,000
69,405 71,527 73,000 73,000 601-000-5-424-06 Rent 75,000 77,000
0 0 300 300 601-000-5-425-01 Maintenance Office Equipment 0 0
458 651 500 500 601-000-5-425-04 Maintenance Equipment 700 700
5,722 5,880 5,800 5,800 601-000-5-425-05 Maintenance Buildings 5,800 5,800
1,227 645 1,300 1,300 601-000-5-426-01 Office Supplies 700 700
22,021 24,805 18,000 18,000 601-000-5-426-03 General Supplies 25,000 25,000
456 330 500 500 601-000-5-426-04 Cleaning Supplies 300 300
1,076 1,007 1,000 1,000 601-000-5-426-17 Uniforms 1,500 1,500
952 865 1,500 1,500 601-000-5-427-01 Travel & Lodging 1,000 1,000
3,792 3,548 3,900 3,900 601-000-5-428-01 Telephone 3,600 3,600
23,596 24,552 25,000 25,000 601-000-5-428-02 Electric & Water 25,000 25,000
2,264 1,726 2,400 2,400 601-000-5-428-03 Heat 1,800 1,800
1,312 2,098 1,400 1,400 601-000-5-428-05 Hauling Service 2,100 2,100
0 0 0 601-000-5-429-00 Miscellaneous 0 0
667 438 700 700 601-000-5-429-01 Membership & Dues 500 500
1,400 750 1,400 1,400 601-000-5-429-04 License Fees 750 750
Draft 2013 Budget Request 8/23/2012 29
DRAFT 2013 8/23/2012 29
46,294 44,901 48,000 48,000 601-000-5-469-00 Bank/Credit Card Fees 46,000 46,000
40,149 39,094 41,000 41,000 601-000-5-890-00 Depreciation Expense 39,000 39,000
260,224 256,660 270,898 270,898 Operating Expense Total 273,425 275,608
601-000-5-920-00 Furniture & Equipment 8,000 8,000
601-000-5-930-00 Machinery & Auto Equipment
2,250 1,000 10,000 10,000 601-000-5-950-01 Capital less than $5,000 1,800
2,250 1,000 10,000 10,000 Total Capital 9,800 8,000
608,460 635,316 691,908 691,908 Total Liquor Store Cost 717,854 724,090
824,111 844,612 838,392 838,392 Net Income 862,346 856,110
420,000 500,000 600,000 600,000 601-000-7-899-00 Transfer out General Fund 650,000 650,000
100,000 100,000 Transfer out to Edgebrook 100,000 100,000
420,000 500,000 700,000 700,000 Total Transfer out to Other Funds 750,000 750,000
404,111 344,612 138,392 138,392 Net income after Transfers 112,346 106,110
1,425,933 1,564,325 1,564,325 Liquor Fund Cash Balance 1,676,671 1,782,781
2,736,265 Net Assets
Draft 2013 Budget Request 8/23/2012 30
DRAFT 2013 8/23/2012 30
AIRPORT FUND
230,644 374,171 4,256,782 3,519,072 606-000-4-334-09 Grants 9,003,050 7,722,777
6,993 606-000-4-441-08 Reimbursed Expense
606-000-4-812-00 Air flight Taxes
800 1,900 606-000-4-848-10 Terminal Rent 1,928 1,986
606-000-4-848-11 Landing Fees
32,862 32,349 20,500 18,000 606-000-4-848-12 Rentals 11,541 11,541
4,899 5,366 4,400 4,400 606-000-4-848-15 Av/Jet Gas Sales 4,500 4,600
4,738 280 100 100 606-000-4-861-09 Miscellaneous 200 200
582 20,000 20,000 Sale of Fixed Assets-Land
690,000 20,000 100,000 100,000 606-000-6-700-00 Transfer in General Fund 287,000 100,000
44,880 36,931 89,950 89,950 606-000-6-700-04 Transfer in Sales & Use Tax 297,665 386,138
1,015,816 469,679 4,491,732 3,753,422 Revenue & Transfer from funds 9,605,884 8,227,242
95,003 88,683 92,453 93,720 606-000-5-101-00 Regular Pay 95,033 95,033
606-000-5-101-01 Temporary Pay
1,085 696 3,000 3,000 606-000-5-101-04 Overtime 3,000 3,000
300 300 606-000-5-101-10 Wellness Benefit 300 300
7,153 6,338 7,406 7,000 606-000-5-120-00 FICA 7,768 7,768
5,741 5,223 5,809 5,800 606-000-5-121-09 Retirement 6,092 6,092
5,444 14,528 16,185 16,185 606-000-5-123-00 Group Insurance 17,936 19,730
2,550 2,325 3,723 2,123 606-000-5-130-00 Workman's Compensation 3,910 4,106
1,453 899 606-000-5-137-00 OPEB Expense
118,429 118,692 128,876 128,128 Personnel Services Total 134,039 136,029
8,505 8,821 10,334 8,903 606-000-5-421-00 Insurance 10,645 10,965
415 400 2,400 2,400 606-000-5-422-02 Contracted Auditing Services 2,400 2,450
8,725 8,820 10,300 10,300 606-000-5-422-07 Contracting Services 60,300 10,500
133 200 200 606-000-5-423-05 Advertising/Promotion Fees 200 205
500 873 606-000-5-424-06 Building Rentals
105 78 350 275 606-000-5-425-01 Maintenance Office Equipment 350 360
629 543 1,000 1,000 606-000-5-425-03 Maintenance of Trucks 1,000 1,030
11,673 4,770 10,940 10,940 606-000-5-425-04 Maintenance of Equipment 11,000 11,300
1,757 447 1,662 1,250 606-000-5-425-05 Maintenance Buildings 1,450 1,490
1,211 1,614 1,000 606-000-5-425-06 Maintenance Radio 500 515
8,711 4,057 27,036 15,750 606-000-5-425-09 Maintenance Grounds 16,000 13,360
405 120 515 515 606-000-5-426-01 Office Supplies 520 535
3,606 2,162 4,774 4,774 606-000-5-426-03 General Supplies 4,900 5,035
167 27 225 225 606-000-5-426-04 Cleaning Supplies 250 260
2,815 2,456 2,800 4,000 606-000-5-426-10 Gas 4,200 5,040
132 275 764 600 606-000-5-426-11 Oil & Grease 750 770
287 844 6,000 6,000 606-000-5-426-12 Tires 6,000 6,170
6,631 8,521 10,000 9,000 606-000-5-426-13 Diesel Fuel 10,000 10,280
376 32 650 650 606-000-5-426-15 Chemicals 650 670
86 200 200 606-000-5-426-23 Sand 200 205
83 1,779 3,493 3,493 606-000-5-426-28 Extinguishing Agents 3,500 3,600
2,385 3,134 6,000 5,000 606-000-5-427-01 Travel & Lodging 6,000 6,000
1,674 2,450 4,000 3,000 606-000-5-427-02 Registration & Training 4,000 4,000
2,354 2,356 3,000 2,500 606-000-5-428-01 Telephone 3,000 3,080
12,966 13,328 14,500 14,500 606-000-5-428-02 Electric & Water 14,000 15,420
3,463 3,039 6,000 5,000 606-000-5-428-03 Heat 6,000 6,170
565 1,555 100 100 606-000-5-429-00 Miscellaneous 200 200
314 345 360 360 606-000-5-429-01 Membership & Dues 380 390
2,772 1,024 4 606-000-5-470-09 Interest on Advance
215,819 185,380 606-000-5-890-00 Depreciation Expense
298,764 256,763 129,717 112,812 Operating Expense Total 168,395 120,000
606-000-5-910-00 Land
21,600 606-000-5-911-00 Buildings & Structures
606-000-5-930-00 Machinery & Auto Equipment
4,343,655 3,590,890 606-000-5-940-00 Airport Realignment 9,300,715 7,731,109
3,077 606-000-5-950-01 Capital less than $5,000 1,500 900
2,224 42,436 41,000 606-000-5-970-00 Runway Improvements 43,709 45,020
21,600 2,224 4,389,168 3,631,890 Capital Expense Total 9,345,924 7,777,029
Draft 2013 Budget Request 8/23/2012 31
DRAFT 2013 8/23/2012 31
438,793 377,679 4,647,761 3,872,830 Total Airport Cost 9,648,358 8,033,058
577,023 92,000 -156,029 -119,408 Net -42,474 194,184
0 -156,029 -119,408 Airport Fund Cash Balance -161,882 32,302
4,707,341 Retained Earnings
Draft 2013 Budget Request 8/23/2012 32
DRAFT 2013 8/23/2012 32
EDGEBROOK GOLF COURSE
6,639 5,010 6,000 12,750 607-000-4-346-04 Green Fees-Executive Course 12,750 12,750
62,006 59,532 72,000 69,000 607-000-4-346-05 Green Fees-9 hole round 69,000 75,000
43,083 41,862 44,000 50,000 607-000-4-346-06 Green Fees-18 hole round 50,000 55,000
8,504 7,431 10,000 10,000 607-000-4-346-07 Green Fees-9 holes 1/2 price 10,500 11,500
6,352 5,526 7,500 7,500 607-000-4-346-08 Green Fees-18 holes 1/2 price 7,500 7,800
3,345 3,145 1,500 2,337 607-000-4-346-09 Season Tickets-Youth 2,500 3,580
13,439 7,481 15,000 14,384 607-000-4-346-10 Season Tickets-Young Adult 15,600 15,600
50,166 51,933 52,000 47,985 607-000-4-346-11 Season Tickets-Individual 54,080 54,080
10,159 15,404 12,000 11,614 607-000-4-346-12 Season Tickets-Senior 12,480 12,480
2,305 1,080 0 0 607-000-4-346-13 Season Tickets-Couple 0 0
11,132 17,413 16,000 8,891 607-000-4-346-14 Season Tickets-Family no Children 9,000 18,000
6,138 7,933 10,000 6,283 607-000-4-346-15 Season Tickets-Family with Children 8,400 9,000
18,389 17,098 22,000 23,000 607-000-4-346-16 Golf Carts-9 holes 22,880 24,000
14,826 12,755 16,000 13,000 607-000-4-346-17 Golf Carts-18 holes 16,640 17,640
2,119 1,794 2,000 34 607-000-4-346-18 Golf Carts-Senior 9 holes 2,100
1,172 818 1,000 47 607-000-4-346-19 Golf Carts-Senior 18 holes 1,100
14,807 13,180 15,000 15,000 607-000-4-346-20 Golf Carts-9 holes 1/2 price 15,000 15,000
11,053 10,894 11,000 11,000 607-000-4-346-21 Golf Carts-18 holes 1/2 price 11,000 11,000
733 860 1,000 0 607-000-4-346-22 Golf Carts-SR 9 hole 1/2 price 1,000
850 694 1,000 0 607-000-4-346-23 Golf Cart-SR 18 hole 1/2 price 1,000
18,461 23,737 22,000 10,000 607-000-4-346-24 Golf Carts-Season Tickets 22,000 22,000
342 130 500 150 607-000-4-346-25 Golf Cart-Season addn'l family 250 250
15,993 12,266 17,000 18,000 607-000-4-346-26 Driving Range-Bucket 17,000 17,000
3,195 2,729 3,000 4,000 607-000-4-346-27 Driving Range-Seasonal Individual 3,000 3,000
28 1,178 1,500 1,200 607-000-4-346-28 Driving Range-Seasonal Family 1,500 1,500
3,763 2,516 4,000 3,000 607-000-4-346-29 Golf Lessons 4,000 4,000
1,549 607-000-4-346-30 Golf Cart Package-Young Adult 2,532 3,376
11,791 607-000-4-346-31 Golf Cart Package-Single 14,752 16,596
5,498 607-000-4-346-32 Golf Cart Package-Senior 6,752 7,596
3,344 607-000-4-346-33 Golf Cart Package-Family w/o children 4,604 4,604
1,082 607-000-4-346-34 Golf Cart Package-Family w/children 2,430 2,430
915 607-000-4-346-40 Golf Cart/Driving Range-Young Adult 1,958 1,958
3,874 607-000-4-346-41 Golf Cart/Driving Range-Single 4,216 4,216
623 607-000-4-346-42 Golf Cart/Driving Range-Senior 1,958 1,958
1,294 607-000-4-346-43 Golf Cart/Driving Range-Family w/o child 2,822 2,822
2,666 607-000-4-346-44 Golf Cart/Driving Range-Family w/child 4,419 4,419
29 0 0 0 607-000-4-441-08 Reimbursed Expense 0 0
1,900 0 0 0 607-000-4-446-10 Donations 0 0
0 0 0 4 607-000-4-661-00 Interest Income 0 0
214 51 0 27 607-000-4-661-01 Money Market Interest Income 0 0
9,706 9,600 9,600 9,600 607-000-4-861-09 Cell Tower Rental 9,600 9,600
0 100,000 100,000 100,000 607-000-6-700-01 Transfer in Liquor Fund 100,000 100,000
0 60,513 64,017 64,017 607-000-6-700-09 Transfer in 25% Public Improve 38,213 38,213
124,100 72,000 101,500 101,500 607-000-6-700-09 Transfer in 75% Public Improve 95,000 57,000
464,946 566,562 638,117 646,959 Revenue & Transfer from funds 654,336 650,168
117,869 124,767 144,393 144,393 607-000-5-101-00 Regular Pay 146,707 146,707
49,567 43,152 64,214 64,214 607-000-5-101-01 Temporary Pay 64,214 64,214
0 0 1,000 1,000 607-000-5-101-04 Overtime Pay 1,000 1,000
0 0 300 300 607-000-5-101-06 Car Allowance 300 300
26 61 0 0 607-000-5-101-10 Wellness Benefit 0 0
11,700 11,633 16,138 16,138 607-000-5-120-00 FICA 16,582 16,582
7,005 7,332 8,804 8,804 607-000-5-121-09 Retirement 9,153 9,153
27,421 24,123 25,965 25,965 607-000-5-123-00 Group Insurance 28,812 31,694
3,966 5,092 8,152 8,152 607-000-5-130-00 Workman's Compensation 8,374 8,793
2,907 1,799 0 0 607-000-5-137-00 OPEB Expense 0 0
220,461 217,959 268,966 268,966 Personnel Services Total 275,142 278,443
1,041 2,044 2,315 2,315 607-000-5-421-00 Insurance 4,078 4,201
415 400 1,000 500 607-000-5-422-02 Contracted Auditing Services 1,000 1,000
83,784 78,270 85,500 108,000 607-000-5-422-04 Contracting Services/Pro 108,000 115,000
607-000-5-422-08 Computer Services-Online registration 6,500 3,500
Draft 2013 Budget Request 8/23/2012 33
DRAFT 2013 8/23/2012 33
90 45 100 100 607-000-5-422-15 Drug & Alcohol Testing 100 100
2,290 1,426 3,000 3,000 607-000-5-423-05 Advertising & Promotional Fees 4,000 4,500
580 919 750 750 607-000-5-424-01 Equipment Rental 900 900
789 142 750 750 607-000-5-425-02 Maintenance Vehicles 750 750
6,538 10,350 6,000 6,000 607-000-5-425-04 Maintenance Equipment 7,500 8,000
467 861 1,500 1,550 607-000-5-425-05 Maintenance Buildings 2,000 2,500
1,280 3,588 1,500 1,500 607-000-5-425-08 Maintenance Turf 2,000 2,000
1,819 1,649 2,000 2,000 607-000-5-425-09 Maintenance Irrigation System 3,000 3,000
552 692 750 750 607-000-5-426-01 Office Supplies 1,000 1,000
10,270 5,452 8,500 8,500 607-000-5-426-03 General Supplies 10,000 10,000
1,510 1,911 1,500 1,500 607-000-5-426-04 Cleaning Supplies 2,500 2,500
5,152 8,696 7,000 7,000 607-000-5-426-10 Gasoline 7,000 7,000
427 838 750 750 607-000-5-426-11 Oil & Grease Supplies 1,000 1,000
467 191 500 500 607-000-5-426-12 Tires 500 500
5,002 5,568 6,000 6,000 607-000-5-426-13 Diesel Fuel 6,000 6,000
17,416 14,509 20,000 14,000 607-000-5-426-14 Fertilizer Supplies 17,000 17,000
7,366 7,697 6,000 6,000 607-000-5-426-15 Chemicals 8,000 8,000
377 0 700 700 607-000-5-426-17 Uniforms 700 700
2,902 2,399 5,000 5,000 607-000-5-426-23 Sand 5,000 5,000
0 0 500 500 607-000-5-427-01 Travel & Lodging 500 500
60 75 500 500 607-000-5-427-02 Registration & Training 500 500
3,318 4,158 4,000 4,000 607-000-5-428-01 Telephone 4,000 4,000
14,895 16,373 16,000 16,000 607-000-5-428-02 Electric & Water 16,000 16,000
2,676 2,472 3,500 3,000 607-000-5-428-03 Heat 3,500 3,500
0 0 150 150 607-000-5-428-05 Hauling Service 250 250
239 279 300 300 607-000-5-429-01 Membership & Dues 300 300
0 0 0 607-000-5-429-07 Miscellaneous Services
19 25 250 250 607-000-5-429-08 Postage 250 250
4,070 2,814 4,000 3,000 607-000-5-469-00 Banking & Credit Card Fees 3,000 3,000
5,250 4,261 5,250 3,243 607-000-5-470-09 Interest on Advance Res 56-09 2,194 1,113
54,469 63,293 0 607-000-5-890-00 Depreciation Expense 0 0
0 0 0 607-000-5-898-00 Asset Disposed Gain/Loss 0 0
235,527 241,400 195,565 208,108 Operating Expense Total 229,022 233,564
0 6,324 0 607-000-5-911-00 Buildings 0 0
22,183 29,973 107,517 107,517 607-000-5-930-00 Machinery & Auto Equipment 134,017 91,017
0 0 40,000 40,000 607-000-5-940-00 Other Capital 6,500 3,500
2,218 0 0 607-000-5-950-01 Capital less than $5,000 0 0
0 0 18,000 18,000 607-000-5-990-00 Infrastructure 25,000 30,000
24,401 36,297 165,517 165,517 Capital Expense Total 165,517 124,517
480,388 495,655 630,048 642,591 Total Edgebrook Golf Cost 669,681 636,524
-15,443 70,907 8,069 4,368 Net Income -15,345 13,644
30,155 38,224 34,523 Edgebrook Cash Bal 19,178 32,822
1,071,416 Net Assets
Draft 2013 Budget Request 8/23/2012 34
DRAFT 2013 8/23/2012 34
SOLID WASTE COLLECTION
0 555 0 0 612-000-4-441-08 Reimbursed Expense 0 0
3,480 2,106 2,000 2,000 612-000-4-661-01 Money Market Interest Income 2,000 2,000
955,196 963,116 1,025,000 1,025,000 612-000-4-848-01 Utility Billing 1,035,000 1,035,000
43,200 37,320 38,250 38,250 612-000-4-848-04 Yard Waste Bags 38,250 38,250
From Restricted Capital Reserve
1,001,876 1,003,097 1,065,250 1,065,250 Revenue Total 1,075,250 1,075,250
252,234 250,023 280,159 280,159 612-000-5-101-00 Regular Pay 275,187 275,187
14,234 17,923 10,000 9,000 612-000-5-101-01 Temporary Pay 10,000 10,000
7,128 5,062 13,000 11,000 612-000-5-101-04 Overtime Pay 13,000 13,000
3,000 3,000 3,000 3,000 612-000-5-101-07 Clothing Allowance 3,000 3,000
19,484 20,338 21,069 21,069 612-000-5-120-00 FICA 21,162 21,162
16,175 15,909 15,925 15,925 612-000-5-121-09 Retirement 15,997 15,997
57,182 54,845 52,987 52,987 612-000-5-123-00 Group Insurance 59,437 65,381
13,466 12,499 20,008 20,008 612-000-5-130-00 Workman's Compensation 19,182 20,142
4,360 2,698 0 612-000-5-137-00 OPEB Expense 0 0
387,263 382,297 416,148 413,148 Personnel Services Total 416,965 423,869
12,738 13,091 15,487 15,487 612-000-5-421-00 Insurance 15,952 16,431
1,660 0 3,000 3,000 612-000-5-422-02 Contracted Auditing Services 3,000 3,000
349 201 300 300 612-000-5-422-06 Medical Services 300 300
36,000 36,000 36,000 36,000 612-000-5-422-07 Contracting Services 34,200 34,200
2,524 2,449 3,000 3,000 612-000-5-422-08 Computer Services 3,000 3,000
210 165 250 250 612-000-5-422-15 Drug & Alcohol Testing 250 250
41 164 500 250 612-000-5-423-01 Publication/Recording Fees 500 500
15,321 23,525 20,000 20,000 612-000-5-423-05 Advertising & Promotional Fees 25,000 20,000
25,389 15,521 20,000 20,000 612-000-5-425-03 Maintenance Trucks 20,000 20,000
17,618 11,998 25,000 20,000 612-000-5-425-04 Maintenance Equipment 25,000 25,000
273 489 1,000 1,000 612-000-5-425-05 Maintenance Buildings 1,000 1,000
449 902 2,000 1,000 612-000-5-425-06 Maintenance Radio 2,000 2,000
1,161 685 1,200 1,000 612-000-5-426-01 Office Supplies 1,200 1,200
2,831 5,188 3,200 3,200 612-000-5-426-03 General Supplies 3,200 3,200
7,987 13,613 15,000 15,000 612-000-5-426-08 Supplies/Dumpsters & Carts 15,000 20,000
2,772 1,117 2,500 1,200 612-000-5-426-10 Gasoline 2,500 2,500
2,006 572 2,500 1,800 612-000-5-426-11 Oil & Grease Supplies 2,500 2,500
4,476 3,886 7,800 5,500 612-000-5-426-12 Tires 7,800 7,800
32,605 43,360 50,000 50,000 612-000-5-426-13 Diesel Fuel 50,000 50,000
790 981 1,500 1,000 612-000-5-426-17 Uniforms 1,500 1,500
403 0 500 350 612-000-5-427-01 Travel & Lodging 500 500
250 0 500 350 612-000-5-427-02 Registration & Training 500 500
2,700 2,649 2,500 2,500 612-000-5-428-01 Telephone 2,500 2,500
1,170 3,657 3,000 3,000 612-000-5-428-02 Electric & Water 3,000 3,000
13,000 9,000 10,000 5,000 612-000-5-428-03 Heat 13,000 13,000
212,186 203,859 230,000 230,000 612-000-5-428-05 Hauling Service 230,000 230,000
0 0 50 0 612-000-5-429-04 License Fees 50 50
5,570 3,867 4,500 2,500 612-000-5-429-31 Paint Exchange 4,500 4,500
19,387 16,865 20,000 15,750 612-000-5-429-35 Yard waste Program 20,000 20,000
71,663 85,906 0 612-000-5-890-00 Depreciation Expense 0 0
0 5,558 0 612-000-5-898-00 Asset Disposed Gain/Loss 0 0
493,529 505,268 481,287 458,437 Operating Expense Total 487,952 488,431
0 -5,558 200,000 232,000 612-000-5-930-00 Machinery & Auto Equipment 280,000
- (5,558) 200,000 232,000 Capital Expense Total 280,000 0
880,792 882,007 1,097,435 1,103,585 Total Solid Waste Collection Cost 1,184,917 912,300
121,084 121,090 -32,185 -38,335 Net Income -109,667 162,950
414,495 382,310 376,160 SW Collection Fund Cash Bal 266,493 429,443
1,136,781 Net Assets
Draft 2013 Budget Request 8/23/2012 35
DRAFT 2013 8/23/2012 35
SOLID WASTE DISPOSAL
300,000 99,834 0 0 625-000-4-334-09 Grants 0 0
340 0 0 0 625-000-4-441-08 Reimbursed Expense 0 0
32,779 7,772 30,000 10,000 625-000-4-661-00 Interest Income 10,000 10,000
13,435 23,013 10,000 20,000 625-000-4-661-01 Money Market Interest Income 20,000 20,000
2,000,111 1,871,616 2,040,000 1,925,000 625-000-4-848-03 Landfill Tickets 2,040,000 2,040,000
6,335 11,497 11,000 11,346 625-000-4-848-12 Rentals 11,000 11,000
16,043 20,939 15,000 15,000 625-000-4-848-22 Recycled Waste Oil Sales 0 0
19,350 0 0 625-000-4-861-09 Miscellaneous 0 0
2,388,394 2,034,669 2,106,000 1,981,346 Revenue Total 2,081,000 2,081,000
311,877 262,861 323,903 290,000 625-000-5-101-00 Regular Pay 291,847 291,847
7,527 5,011 10,000 5,000 625-000-5-101-04 Overtime Pay 10,000 10,000
2,000 2,000 3,000 2,500 625-000-5-101-07 Clothing Allowance 3,000 3,000
21,826 17,821 25,582 23,333 625-000-5-120-00 FICA 23,736 23,736
19,510 15,929 20,064 18,300 625-000-5-121-09 Retirement 18,616 18,616
74,926 73,500 78,457 78,457 625-000-5-123-00 Group Insurance 81,183 89,280
11,222 10,305 16,496 16,496 625-000-5-130-00 Workman's Compensation 15,265 16,029
5,087 3,148 0 0 625-000-5-137-00 OPEB Expense 0 0
453,974 390,575 477,502 434,086 Personnel Services Total 443,647 452,508
0 0 16,145 16,145 625-000-5-220-01 Restricted Closure 16,145 16,145
0 0 18,396 18,396 625-000-5-220-02 Restricted Post Closure 18,396 18,396
0 0 625-000-5-220-03 Restricted Remedial Action 0 0
0 0 50,000 50,000 625-000-5-220-05 Restricted Future SW Facility 100,000 100,000
6,546 6,653 7,818 6,175 625-000-5-421-00 Insurance 8,052 8,294
0 0 300 300 625-000-5-422-01 Legal Services 300 300
1,660 3,030 3,000 3,000 625-000-5-422-02 Contracted Auditing Services 3,060 3,060
10,769 2,051 20,000 20,000 625-000-5-422-03 Consulting & Engineering 25,000 22,000
244 306 200 200 625-000-5-422-06 Medical Services 200 200
15,275 115,004 25,000 20,000 625-000-5-422-07 Contracting Services 25,000 25,000
883 1,614 2,500 2,500 625-000-5-422-08 Computer Services 2,500 2,500
20,747 19,634 25,000 21,000 625-000-5-422-09 Testing Services 25,000 25,000
90 90 300 300 625-000-5-422-15 Drug & Alcohol Testing 300 300
52 0 100 200 625-000-5-423-01 Publication/Recording Fees 200 200
12,946 7,825 8,000 8,000 625-000-5-423-05 Advertising/Promotion Fees 8,000 8,000
0 0 1,000 780 625-000-5-424-01 Equipment Rentals 1,000 1,000
2,429 3,987 4,000 4,000 625-000-5-425-03 Maintenance Trucks 4,000 4,000
38,931 106,084 50,000 45,000 625-000-5-425-04 Maintenance Equipment 50,000 50,000
888 2,444 2,000 2,500 625-000-5-425-05 Maintenance Buildings 2,500 2,500
4,913 956 1,000 1,000 625-000-5-425-09 Maintenance Grounds 6,000 6,000
3,674 3,961 5,000 0 625-000-5-425-16 Maintenance Grounds/2 0 0
11,246 3,916 6,500 6,000 625-000-5-426-01 Office Supplies 6,000 6,000
5,213 8,894 8,000 8,000 625-000-5-426-03 General Supplies 8,000 8,000
3,356 3,000 3,750 3,500 625-000-5-426-04 Janitorial Supplies 3,750 3,750
0 0 150 100 625-000-5-426-05 Photographic Supplies 150 150
0 0 250 250 625-000-5-426-09 Subscriptions/Books 250 250
5,543 8,192 8,000 8,000 625-000-5-426-10 Gasoline 8,000 8,000
1,424 1,300 5,000 3,000 625-000-5-426-11 Oil & Grease Supplies 5,000 5,000
7,286 3,090 5,000 4,500 625-000-5-426-12 Tires 5,000 5,000
62,947 90,630 90,000 92,000 625-000-5-426-13 Diesel Fuel 92,000 92,000
29 99 1,500 1,200 625-000-5-426-17 Uniforms 1,500 1,500
4,590 2,240 8,000 6,000 625-000-5-426-18 Gravel 8,000 8,000
486 4,241 15,000 10,000 625-000-5-426-27 Alternate Cover 15,000 15,000
1,881 2,112 5,500 3,500 625-000-5-427-01 Travel & Lodging 5,500 5,500
1,350 695 3,500 2,500 625-000-5-427-02 Registration & Training 3,500 3,500
771 770 2,750 2,000 625-000-5-428-01 Telephone 2,750 2,750
3,639 2,111 3,500 3,000 625-000-5-428-02 Electric & Water 3,000 3,000
7,150 10,000 10,000 5,000 625-000-5-428-03 Heat 10,000 10,000
6,130 7,200 7,500 5,530 625-000-5-428-05 Hauling Service 7,500 7,500
2,344 1,123 2,000 2,000 625-000-5-429-01 Membership & Dues 2,000 2,000
0 0 0 0 625-000-5-429-02 Pest Control 0 0
1,612 1,794 1,700 1,800 625-000-5-429-05 Rodent Control 1,800 1,800
Draft 2013 Budget Request 8/23/2012 36
DRAFT 2013 8/23/2012 36
693 562 0 750 625-000-5-429-07 Miscellaneous Services 1,000 1,000
48,989 41,593 45,000 45,000 625-000-5-429-11 State Fees 45,000 45,000
150 150 500 1,100 625-000-5-429-16 Solid Waste Committee 1,800 1,800
0 0 500 250 625-000-5-429-38 Compost Program Supplies 500 500
57,280 46,974 0 0 625-000-5-432-00 Post Closure 0 0
331,931 462,248 250,000 250,000 625-000-5-890-00 Depreciation Expense
500 500 500 500 625-000-5-897-00 Interest Expense 500 500
0 92,740 0 625-000-5-898-00 Asset Disposed Gain/Loss 0 0
686,585 1,069,813 723,859 684,976 Operating Expense Total 533,153 530,395
-66,147 0 250,000 250,000 625-000-5-911-00 Buildings & Structures 250,000 250,000
0 0 0 0 625-000-5-920-00 Furniture & Eqiuipment 10,000 10,000
0 0 180,000 140,000 625-000-5-930-00 Machinery & Auto Equipment 300,000 480,000
0 0 10,000 0 625-000-5-940-00 Other Capital 0 0
1,913 6,101 0 8,000 625-000-5-950-01 Capital less than $5,000 10,000
(64,234) 6,101 440,000 398,000 Capital Expense Total 570,000 740,000
440,000 500,000 525,000 525,000 625-000-7-899-00 Transfer out General Fund 525,000 525,000
440,000 500,000 525,000 525,000 Total Transfer out to Other Funds 525,000 525,000
1,516,325 1,966,489 2,166,361 2,042,062 Total Cost and Transfers 2,071,800 2,247,903
872,069 68,180 -60,361 -60,716 Net Income after Transfers 9,200 -166,903
124,484 64,123 63,769 SW Disposal Fund Cash Balance 72,969 -93,935
2,622,231 Restricted SW Disposal Cash
6,875,275 Net Assets
RESEARCH & TECHNOLOGY CENTER
822 518 630-000-4-661-01 Money Market Interest Income
195,617 177,268 135,000 85,230 630-000-4-848-12 Rentals 42,000 45,000
4,704 630-000-4-861-09 Miscellaneous 8,000 24,000
196,439 182,490 135,000 85,230 Revenue Total 50,000 69,000
2,382 2,368 2,605 2,605 630-000-5-421-00 Insurance 2,684 2,764
2,549 6,599 4,500 4,500 630-000-5-422-07 Contracting Services 4,500 4,650
1,660 1,200 3,000 3,000 630-000-5-425-04 Maintenance Equipment 3,000 3,100
2,774 12,033 5,000 3,000 630-000-5-425-05 Maintenance Buildings 3,000 3,100
6 4 100 0 630-000-5-426-01 Office Supplies
110 180 200 100 630-000-5-426-03 General Supplies 100 100
687 1,199 1,100 700 630-000-5-426-04 Cleaning Supplies 1,100 1,100
202 201 260 260 630-000-5-428-01 Telephone 275 300
11,369 10,211 14,000 12,000 630-000-5-428-02 Electric & Water 15,000 15,000
2,609 3,161 5,200 5,200 630-000-5-428-03 Heat 6,000 7,000
1,465 1,444 1,600 1,800 630-000-5-428-05 Hauling Service 1,800 2,000
7,200 13,711 7,200 7,200 630-000-5-429-03 Cleaning Service 7,200 8,000
315 533 1,000 500 630-000-5-429-07 Miscellaneous Services 500 500
51,938 51,923 630-000-5-890-00 Depreciation Expense
85,264 104,766 45,765 40,865 Operating Expense Total 45,159 47,614
- 2,230 630-000-5-911-00 Buildings & Structures
Other Capital 7,000 35,000
- 2,230 - Capital Expense Total 7,000 35,000
75,822 75,000 70,000 70,000 630-000-7-899-00 Transfer out General Fund 40,000 -
75,822 75,000 70,000 70,000 Total Transfer out to Other Funds 40,000 -
161,087 181,996 115,765 110,865 Total R & T Center Cost 92,159 82,614
35,352 494 19,235 -25,635 Net Income after Transfer -42,159 -13,614
85,631 104,866 59,996 R&T Center Cash Balance 17,837 4,223
1,834,525 Net Assets
City of Brookings
INCREASE/DECREASE
ACTUAL ACTUAL ADOPTED PROJECTED REQUESTED PROPOSED AMOUNT %
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 FY 13 FY 13
GENERAL REVENUE
TAXES
General Property Tax 2,372,080 2,475,232 2,600,500 2,607,500 2,687,500 2,757,500 87,000 3.35%
1st Penny Sales & Use Tax 4,930,652 5,083,364 5,010,000 5,110,000 5,211,641 5,263,300 201,641 4.02%
Other Taxes 58,987 37,917 55,000 55,576 55,000 55,000 - 0.00%
TOTAL TAX REVENUE 7,361,719 7,596,513 7,665,500 7,773,076 7,954,141 8,075,800 288,641 3.77%
LICENSES AND PERMITS
Licenses 73,662 119,597 74,750 122,585 85,100 80,100 10,350 13.85%
Permits 77,084 91,585 100,000 100,000 110,000 120,000 10,000 10.00%
TOTAL LICENSES AND PERMITS 150,746 211,181 174,750 222,585 195,100 200,100 20,350 11.65%
INTERGOVERNMENTAL REVENUE
State 356,277 374,736 341,800 357,500 357,800 357,800 16,000 4.68%
County 116,902 123,683 118,000 118,477 291,818 294,860 173,818 147.30%
Grants 204,219 237,317 161,069 153,256 94,098 45,400 (66,971) -41.58%
Fire Insurance Premium Revision 52,341 56,571 55,000 57,000 57,000 58,000 2,000 3.64%
TOTAL INTERGOVERNMENTAL REVENUE 729,739 792,306 675,869 686,233 800,716 756,060 124,847 18.47%
CHARGES FOR GOODS AND SERVICES
Fees 530,978 557,045 583,900 650,715 670,035 676,160 86,135 14.75%
Concessions/Housing, Feed & Care 43,156 42,576 43,500 45,800 46,300 48,000 2,800 6.44%
TOTAL CHARGES FOR GOODS & SERVICE 574,134 599,621 627,400 696,515 716,335 724,160 88,935 14.18%
FINES AND FORFEITS
Fines 61,732 99,502 80,000 94,000 92,000 92,000 12,000 15.00%
TOTAL CHARGES FOR FINES & FORFEITS 61,732 99,502 80,000 94,000 92,000 92,000 12,000 15.00%
MISCELLANEOUS REVENUES
Donations 62,335 126,305 64,000 47,800 66,000 51,000 2,000 3.13%
Interest Income 58,340 78,803 202,000 176,690 154,341 152,276 (47,659) -23.59%
Rent 68,131 67,816 54,900 56,875 53,700 52,800 (1,200) -2.19%
Miscellaneous/Reimbursement 228,880 193,122 78,646 154,777 70,550 72,575 (8,096) -10.29%
TOTAL MISCELLANEOUS REVENUES 417,685 466,046 399,546 436,142 344,591 328,651 (54,955) -13.75%
GENERAL FUND
REVENUES
2013 Budget
Overview
INCREASE/DECREASE
ACTUAL ACTUAL ADOPTED PROJECTED REQUESTED PROPOSED AMOUNT %
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 FY 13 FY 13
OTHER FINANCING SOURCES
Sale of Fixed Assets 171,939 63,588 349,800 328,052 10,000 29,000 (339,800) -97.14%
Inner Fund Loan/Advance, Private Loan 155,400 155,400 - - - 0.00%
Transfer in from Closing of Funds 250,038 1,961,100 -
Transfer in from Liquor Fund 500,000 600,000 625,000 625,000 650,000 650,000 25,000 4.00%
Transfer in from Landfill 440,000 500,000 525,000 525,000 525,000 525,000 - 0.00%
Transfer in from 75% Sales & Use Tax 532,002 621,550 650,000 650,000 810,000 1,282,000 160,000 24.62%
Transfer in from 25% Saes & Use Tax 927,984 1,254,780 1,780,631 1,780,631 842,483 914,401 (938,148) -52.69%
Transfer in from Research & Technology Ctr 75,000 75,000 70,000 70,000 40,000 - (30,000) -42.86%
Transfer in from Brookings Municipal Utilities 1,892,000 1,895,000 1,955,000 1,955,000 2,005,000 2,055,000 50,000 2.56%
TOTAL OTHER FINANCING SOURCES 4,788,963 6,971,019 6,110,831 6,089,083 4,882,483 5,455,401 (1,072,948) -17.56%
TOTAL GENERAL FUND REVENUE 14,084,719 16,736,187 15,733,896 15,997,633 14,985,366 15,632,172 (593,130)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
GENERAL FUND
GENERAL GOVERNMENT
LEGISLATIVE
401 Mayor & City Council 57,384 68,729 108,280 108,280 117,037 117,097 8,757 8.09%
TOTAL LEGISLATIVE 57,384 68,729 108,280 108,280 117,037 117,097 8,757 8.09%
EXECUTIVE
406 City Manager 161,686 172,477 177,112 176,512 185,169 185,994 8,057 4.55%
412 City Attorney 79,024 82,565 79,024 82,565 84,024 87,565 5,000 6.33%
403 City Clerk 235,480 242,466 326,023 325,873 334,150 294,654 8,127 2.49%
TOTAL EXECUTIVE 476,190 497,508 582,159 584,950 603,343 568,213 21,184 3.64%
FINANCIAL ADMINISTRATION
414 Human Resources 175,566 185,987 200,070 198,986 203,725 205,633 3,655 1.83%
415 Finance Office 365,783 382,927 424,217 424,192 431,619 441,994 7,402 1.74%
TOTAL FINANCIAL ADMINISTRATION 541,350 568,914 624,287 623,178 635,344 647,627 11,057 1.77%
GENERAL FUND
EXPENDITURES
INCREASE/DECREASE
GENERAL FUND
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
OTHER
405 Non-Departmental 35,907 177,826 360,021 134,291 503,676 322,950 143,655 39.90%
416 Information Technology 109,695 92,392 157,009 152,528 150,160 133,059 (6,849) -4.36%
417 General Government Buildings 124,313 266,413 235,848 150,064 40,718 79,752 (195,130) -82.74%
420 City County Adm Building - - 144,875 204,687 334,449 340,106 189,574 130.85%
TOTAL OTHER 269,914 536,631 897,753 641,570 1,029,003 875,867 131,250 14.62%
PUBLIC SAFETY
POLICE
421 Police Department 2,431,423 2,724,864 3,363,541 3,334,069 2,970,092 3,046,946 (393,449) -11.70%
442 Animal Control 85,602 117,798 94,122 92,078 89,734 90,825 (4,388) -4.66%
TOTAL POLICE 2,517,025 2,842,662 3,457,663 3,426,147 3,059,826 3,137,771 (397,837) -11.51%
FIRE DEPARTMENT
422 Fire Fighting 1,218,406 1,186,451 1,686,454 1,680,862 962,278 1,082,299 (724,176) -42.94%
424 Hydrant Rental 86,940 86,135 95,000 87,000 88,000 90,000 (7,000) -7.37%
TOTAL FIRE DEPARTMENT 1,305,346 1,272,586 1,781,454 1,767,862 1,050,278 1,172,299 (731,176) -41.04%
PUBLIC WORKS
STREETS, SIDEWALKS, & BUILDING CODES
419 Engineer 420,298 464,244 468,950 463,791 478,879 486,453 9,929 2.12%
431 Street Department 2,398,735 2,974,511 3,152,214 3,139,095 2,820,474 3,196,671 (331,740) -10.52%
TOTAL PUBLIC WORKS 2,819,033 3,438,754 3,621,164 3,602,886 3,299,353 3,683,124 (321,811) -8.89%
PARKS, RECREATION & CULTURE
PARKS AND RECREATION
449 Aquatic Center - - 391,960 357,698 393,114 397,934 1,154 0.29%
451 Recreation 786,207 734,412 325,933 353,586 340,249 341,881 14,316 4.39%
452 Parks 1,288,250 1,473,242 1,292,776 1,298,576 1,399,171 1,984,143 106,395 8.23%
453 Larson Ice Arena - - 287,804 296,404 344,908 575,684 57,104 19.84%
454 Forestry 379,529 521,674 469,124 466,829 427,903 631,076 (41,221) -8.79%
TOTAL PARKS 2,453,987 2,729,327 2,767,597 2,773,093 2,905,345 3,930,718 137,748 4.98%
LIBRARY
455 Library 942,992 944,338 991,496 989,577 1,001,292 1,015,952 9,796 0.99%
TOTAL LIBRARY 942,992 944,338 991,496 989,577 1,001,292 1,015,952 9,796 0.99%
GENERAL FUND
EXPENDITURES
INCREASE/DECREASE
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 13 AMOUNT %
COMMUNITY DEVELOPMENT & CODE ENFORCEMENT
418 Community Development 463,222 375,023 1,179,958 1,175,444 418,545 418,520 (761,413) -64.53%
TOTAL COMMUNITY DEVELOPMENT 463,222 375,023 1,179,958 1,175,444 418,545 418,520 (761,413) -64.53%
MISCELLANEOUS
APPROPRIATIONS/SUBSIDIES
495 Appropriations/Subsidies 405,680 417,443 407,200 407,200 404,700 402,200 (2,500) -0.61%
TOTAL APPROPRIATIONS/SUBSIDIES 405,680 417,443 407,200 407,200 404,700 402,200 (2,500) -0.61%
TRANSFERS
495.7 Transfer Out - Airport 690,000 20,000 100,000 100,000 287,000 - 187,000 187.00%
495.7 Transfer Out-Swiftel Center 300,000 317,845 342,847 342,847 174,300 180,300 (168,547) -49.16%
495.7 Transfer Out - Edgebrook Golf 120,400 - - - - - - N/A
495.7 Transfer Out-Special Assessment 26,325 - - - - - - N/A
495.7 Transfer Out - Nature Park 50,000 - - - - - - N/A
TOTAL TRANSFERS 1,186,725 337,845 442,847 442,847 461,300 180,300 18,453 4.17%
TOTAL GENERAL FUND EXPENDITURES 13,438,847 14,029,761 16,861,858 16,543,034 14,985,366 16,149,688 (1,876,492)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 645,871 2,706,426 (1,127,962) (545,401) 0 (517,516) 1,283,362
ESTIMATED FUND BALANCE 11,140,567
ESTIMATED CASH BALANCE 5,103,018 3,975,056 4,557,617
GENERAL FUND
EXPENDITURES
INCREASE/DECREASE
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
25% SALE AND USE TAX
TAX REVENUE
25% Of Second Penny 1,213,075 1,250,271 1,252,500 1,252,500 1,275,276 1,313,534 22,776 1.82%
TOTAL TAX REVENUE 1,213,075 1,250,271 1,252,500 1,252,500 1,275,276 1,313,534 22,776 1.82%
MISCELLANEOUS REVENUE
Interest Earned 14,012 50,352 18,000 8,000 6,000 7,500 (12,000) -66.67%
Reimbursement 2,920 15,422 - - - - - 0.00%
TOTAL MISCELLANEOUS REVENUE 16,932 65,774 18,000 8,000 6,000 7,500 (12,000) -66.67%
OTHER FINANCING SOURCES
Transfer In - Streetscape Project 100,000 - - - - - - N/A
TOTAL OTHER FINANCING SOURCES 100,000 - - - - - - N/A
TOTAL REVENUE 1,330,007 1,316,046 1,270,500 1,260,500 1,281,276 1,321,034 10,776
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
25% SALE AND USE TAX
Transfer out
Transfer out General Fund 1,655,034 1,640,213 1,624,713 1,624,713 842,483 914,401 (782,230) -48.15%
Fire Department 429,345
Police Department 110,052
Street Department-Street Sealing 303,086
Transfer out to Industrial Lands/Infrastructure 205,179 220,000 235,500 - - - (235,500) -100.00%
Transfer out to City/County Bldg Garage 36,931 - - - - - 0.00%
Transfer out to Edgebrook-Cart Lease & Mower - 60,513 64,017 64,017 38,213 38,213 (25,804) -40.31%
Transfer out E911 190,000 180,322 184,347 184,347 95,101 135,449 (89,246) -48.41%
TOTAL TRANSFERS 2,050,213 2,137,979 2,108,577 1,873,077 975,797 1,088,063 (1,132,780)
TOTAL EXPENSES 2,050,213 2,137,979 2,108,577 1,873,077 975,797 1,088,063 (1,132,780)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (720,206) (821,933) (838,077) (612,577) 305,479 232,971 (1,122,004)
ESTIMATED FUND BALANCE 915,780
ESTIMATED CASH BALANCE 794,346 (43,731)181,769
25% SALES & USE TAX
REVENUES
SPECIAL REVENUE FUNDS
25% Sales & Use Tax
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
75% SALE AND USE TAX
TAX REVENUE
75% Of Second Penny 3,691,460 3,805,666 3,757,500 3,757,500 3,881,779 3,998,232 124,279 3.31%
TOTAL TAX REVENUE 3,691,460 3,805,666 3,757,500 3,757,500 3,881,779 3,998,232 124,279 3.31%
INTERGOVERNMENTAL REVENUE
Grants - 58,301 65,000 65,000 - - (65,000) -100.00%
TOTAL INTERGOVERNMENTAL REVENUE - 58,301 65,000 65,000 - - (65,000) -100.00%
MISCELLANEOUS REVENUE
Donations 30,800 - 16,541 16,541 - - (16,541) -100.00%
Interest Earned 121,222 121,582 115,000 115,000 115,000 115,000 - 0.00%
Miscellaneous 11,071
TOTAL MISCELLANEOUS REVENUE 152,022 132,653 131,541 131,541 115,000 115,000 (16,541) -12.57%
OTHER FINANCING SOURCES
Bond Proceeds 10,879,675 - - - -
Transfer in from Retail Development 314,500 - N/A
Transfer in from Bike Trail Project 148,569 - N/A
TOTAL OTHER FINANCING SOURCES 11,194,175 148,569 - - - - - N/A
TOTAL REVENUE 15,037,657 4,145,189 3,954,041 3,954,041 3,996,779 4,113,232 42,738
SPECIAL REVENUE FUNDS
75% SALES & USE TAX
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
75% SALE AND USE TAX
BOND EXPENSE
Principal & Interest Payments 15,302,742 2,379,223 2,211,957 2,054,893 1,780,493 1,661,743 (431,465) -19.51%
TOTAL BOND EXPENSE 15,302,742 2,379,223 2,211,957 2,054,893 1,780,493 1,661,743 (431,465) -19.51%
SUBSIDIES
Subsidy Payments 250,000 650,000 450,000 450,000 125,000 100,000 (325,000) -72.22%
TOTAL SUBSIDY EXPENSE 250,000 650,000 450,000 450,000 125,000 100,000 (325,000) -72.22%
CAPITAL EXPENDITURES
Infrastruture Expenditures 1,030,787 561,626 2,000,000 - 508,751 2,470,000 (1,491,249) -74.56%
TOTAL CAPITAL EXPEDITURES 1,030,787 561,626 2,000,000 - 508,751 2,470,000 (1,491,249) -74.56%
TRANSFERS
213.7 Transfer Out - General Fund 532,002 621,550 650,000 650,000 810,000 1,282,000 160,000 24.62%
213.7 Transfer Out - Airport 44,880 - 89,950 89,950 197,665 386,138 107,715 119.75%
213.7 Transfer Out-Swiftel Center 300,846 189,529 338,500 338,500 235,000 962,500 (103,500) -30.58%
213.7 Transfer Out - Bike Trail Project 141,000 -
213.7 Transfer Out - Edgebrook Golf 124,100 72,000 101,500 101,500 95,000 57,000 (6,500) -6.40%
213.7 Transfer Out-Special Assessment - - 800,000 800,000 - - (800,000) -100.00%
213.7 Transfer Out - Nature Park - 75,000 587,274 - 810,216 218,614 222,942 37.96%
213.7 Transfer Out - Gateway Project - 132,125 - - - (132,125) -100.00%
TOTAL TRANSFERS 1,142,828 958,079 2,699,349 1,979,950 2,147,881 2,906,252 (551,468) -20.43%
TOTAL EXPENSE 17,726,357 4,548,928 7,361,306 4,484,843 4,562,125 7,137,995 (2,799,182)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (2,688,700) (403,739) (3,407,265) (530,802) (565,346) (3,024,763) 2,841,920
ESTIMATED FUND BALANCE 3,582,847
ESTIMATED CASH BALANCE 3,196,289 (210,976)2,665,488
EXPENDITURES
75% SALES & USE TAX
SPECIAL REVENUE FUNDS
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
ENHANCED 911
INTERGOVERNMENTAL REVENUE
Grants - 3,670 23,815 23,815 - 27,982 (23,815) -100.00%
Brookings County 1/3 call demand - 90,161 92,173 92,173 47,550 67,725 (44,623) -48.41%
Brookings City 2/3 call demand 190,000 180,322 184,347 184,347 95,101 135,449 (89,246) -48.41%
TOTAL INTERGOVERNMENTAL REVENUE 190,000 274,153 300,335 300,335 142,651 231,156 (157,684) -52.50%
TAXES
911 Telephone Surcharge 489,785 270,503 250,000 310,500 351,000 355,000 101,000 40.40%
TOTAL TELEPHONE SURCHARGE 489,785 270,503 250,000 310,500 351,000 355,000 101,000 40.40%
MISCELLANEOUS REVENUE
Interest Earned 964 2,331 3,000 3,000 750 750 (2,250) -75.00%
TOTAL MISCELLANEOUS REVENUE 964 2,331 3,000 3,000 750 750 (2,250) -75.00%
TOTAL REVENUE 680,749 546,987 553,335 613,835 494,401 586,906 (58,934)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
ENHANCED 911
214 Dispatch 416,074 503,849 543,041 556,474 595,843 643,458 52,802 9.72%
TOTAL EXPENSE 416,074 503,849 543,041 556,474 595,843 643,458 52,802 9.72%
416,074 503,849 543,041 556,474 595,843 643,458 52,802
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 264,674 43,137 10,294 57,361 (101,442) (56,552) (111,736)
ESTIMATED FUND BALANCE 208,921
ESTIMATED CASH BALANCE 147,632 157,926 204,993
ENHANCED 911
REVENUES
SPECIAL REVENUE FUNDS
SPECIAL REVENUE FUNDS
ENHANCED 911
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SWIFTEL CENTER
TRANSFERS
Transfer in from General Fund 300,000 317,845 342,847 342,847 174,300 355,566 (168,547) -49.16%
Transfer in from 75% Sales & Use Tax 300,846 189,529 338,500 338,500 235,000 962,500 (103,500) -30.58%
Transfer in from 3rd B Tax 18,378 21,910 17,293 17,293 192,642 18,714 175,349 1013.99%
TOTAL TRANSFERS 619,224 529,284 698,640 698,640 601,942 1,336,780 (96,698) -13.84%
MISCELLANEOUS REVENUE
Revenue 1,202,522 1,620,232 1,408,686 1,247,551 1,436,704 1,500,526 28,018 1.99%
TOTAL MISCELLANEOUS REVENUE 1,202,522 1,620,232 1,408,686 1,247,551 1,436,704 1,500,526 28,018 1.99%
TOTAL REVENUE 1,821,746 2,149,516 2,107,326 1,946,191 2,038,646 2,837,306 (68,680)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SWIFTEL CENTER
224 Swiftel Center Expenditure 1,878,323 2,271,717 2,107,326 2,006,246 2,038,646 2,837,306 (68,680) -3.26%
TOTAL EXPENSE 1,878,323 2,271,717 2,107,326 2,006,246 2,038,646 2,837,306 (68,680) -3.26%
1,878,323 2,271,717 2,107,326 2,006,246 2,038,646 2,837,306 (68,680)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (56,577) (122,201) - (60,055) - - -
ESTIMATED FUND BALANCE -121,663
ESTIMATED CASH BALANCE 95,386 95,386 35,331
SPECIAL REVENUE FUNDS
SWIFTEL CENTER
REVENUES
SPECIAL REVENUE FUNDS
SWIFTEL CENTER
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIBRARY FINES
FINES AND FORFEITS
Fines 29,088 27,593 30,000 28,000 30,000 30,000 - 0.00%
TOTAL CHARGES FOR FINES & FORFEITS 29,088 27,593 30,000 28,000 30,000 30,000 - 0.00%
MISCELLANEOUS REVENUE
Miscellaneous 47 - - - - - - N/A
Interest Earned 438 458 400 400 400 400 - 0.00%
TOTAL MISCELLANEOUS REVENUE 485 458 400 400 400 400 - 0.00%
29,573 28,051 30,400 28,400 30,400 30,400 -
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIBRARY FINES
LIBRARY FINES EXPENSES
226 Library Fines Expenditures 30,810 30,498 35,000 32,000 35,000 35,000 - 0.00%
TOTAL EXPENSE 30,810 30,498 35,000 32,000 35,000 35,000 - 0.00%
30,810 30,498 35,000 32,000 35,000 35,000 -
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (1,237) (2,447) (4,600) (3,600) (4,600) (4,600) -
ESTIMATED FUND BALANCE 26,255
ESTIMATED CASH BALANCE 26,255 21,655 22,655
LIBRARY FINES
EXPENDITURES
LIBRARY FINES
REVENUES
SPECIAL REVENUE FUNDS
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIBRARY DONATIONS
MISCELLANEOUS REVENUE
Donations 20,246 16,684 25,000 20,000 25,000 25,000 - 0.00%
Miscellaneous 1,109 834 - 500 500 500 500 100.00%
Interest Earned - 3,564 500 - - - (500) -100.00%
TOTAL MISCELLANEOUS REVENUE 21,355 21,081 25,500 20,500 25,500 25,500 - 0.00%
21,355 21,081 25,500 20,500 25,500 25,500 -
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIBRARY DONATIONS
MISCELLANEOUS EXPENSES
227 Library Donations Expenditures 28,550 25,059 35,000 35,000 35,000 35,000 - 0.00%
TOTAL EXPENSE 28,550 25,059 35,000 35,000 35,000 35,000 - 0.00%
28,550 25,059 35,000 35,000 35,000 35,000 - 0.0%
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (7,195) (3,978) (9,500) (14,500) (9,500) (9,500) -
ESTIMATED FUND BALANCE 60,281
ESTIMATED CASH BALANCE 60,107 50,607 45,607
LIBRARY DONATIONS
EXPENDITURES
SPECIAL REVENUE FUNDS
LIBRARY DONATIONS
REVENUES
SPECIAL REVENUE FUNDS
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SPECIAL ASSESSMENT FUND
TAXES
Special Assessments 419,253 55,744 110,000 269,380 118,000 121,000 8,000 7.27%
TOTAL TAX REVENUE 419,253 55,744 110,000 269,380 118,000 121,000 8,000 7.27%
MISCELLANEOUS REVENUE
Interest Earned 875 2,112 200 300 300 400 100 50.00%
TOTAL MISCELLANEOUS REVENUE 875 2,112 200 300 300 400 100 50.00%
OTHER FINANCING SOURCES
Transfer in General Fund 26,325 - - - - - - N/A
Transfer in from 75% Public Improvement - - 800,000 800,000 - 450,000 (800,000) -100.00%
TOTAL OTHER FINANCING SOURCES 26,325 - 800,000 800,000 - 450,000 (800,000) -100.00%
TOTAL REVENUES 446,453 57,856 910,200 1,069,680 118,300 571,400 (791,900)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SPECIAL ASSESSMENT FUND
INFRASTRUCTURE
Capital Improvements - 210,060 1,580,000 1,200,000 110,000 560,000 (1,470,000) -93.04%
TOTAL CAPITAL EXPENSES - 210,060 1,580,000 1,200,000 110,000 560,000 (1,470,000) -93.04%
TOTAL EXPENDITURES - 210,060 1,580,000 1,200,000 110,000 560,000 (1,470,000)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 446,453 (152,204) (669,800) (130,320) 8,300 11,400 678,100
ESTIMATED FUND BALANCE 87,111
ESTIMATED CASH BALANCE 93,211 -576,589 -37,109
SPECIAL ASSESSMENT
REVENUES
SPECIAL REVENUE FUNDS
EXPENDITURES
SPECIAL REVENUE FUNDS
SPECIAL ASSESSMENT
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
STORM DRAINAGE FUND
FEES
Storm Drainage Fees 811,791 828,081 799,300 809,300 819,300 825,400 20,000 2.50%
TOTAL FEES 811,791 828,081 799,300 809,300 819,300 825,400 20,000 2.50%
MISCELLANEOUS REVENUE
Grants 35,606 0.00%
Interest Earned 4,855 4,962 2,000 2,000 2,000 2,100 - 0.00%
TOTAL MISCELLANEOUS REVENUE 40,461 4,962 2,000 2,000 2,000 2,100 - 0.00%
OTHER FINANCING SOURCES
Proceeds from Debt 320,458 77,845 320,000 2,636,545 550,000 600,000 230,000 71.88%
TOTAL OTHER FINANCING SOURCES 320,458 77,845 320,000 2,636,545 550,000 600,000 230,000 71.88%
TOTAL REVENUES 1,172,710 910,888 1,121,300 3,447,845 1,371,300 1,427,500 250,000
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
STORM DRAINAGE
282 Storm Drainage Expenditures 276,669 243,653 255,186 418,796 479,885 412,370 224,699 88.05%
TOTAL EXPENSE 276,669 243,653 255,186 418,796 479,885 412,370 224,699 88.05%
INFRASTRUCTURE
Capital Improvements 430,517 113,589 1,850,000 2,565,155 1,175,000 1,650,000 (675,000) -36.49%
TOTAL CAPITAL EXPENSES 430,517 113,589 1,850,000 2,565,155 1,175,000 1,650,000 (675,000) -36.49%
TOTAL EXPENSES 707,186 357,242 2,105,186 2,983,951 1,654,885 2,062,370 (450,301)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 465,524 553,646 (983,886) 463,894 (283,585) (634,870) 700,301
ESTIMATED FUND BALANCE 1,517,064
ESTIMATED CASH BALANCE 1,524,341 540,455 1,988,235
STORM DRAINAGE
REVENUES
SPECIAL REVENUE FUNDS
STORM DRAINAGE
EXPENDITURES
SPECIAL REVENUE FUNDS
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SPECIAL 1% SALES TAX (BBB) FUND
BBB TAX
Sales Tax 681,060 730,386 700,000 730,000 752,000 775,000 52,000 7.43%
TOTAL TAX 681,060 730,386 700,000 730,000 752,000 775,000 52,000 7.43%
MISCELLANEOUS REVENUE
Interest Earned 2,072 1,311 2,000 850 1,000 1,200 (1,000) -50.00%
Transfer in from Brookings Municipal Utilities - 50,000 50,000 50,000 50,000 50,000 - 0.00%
TOTAL MISCELLANEOUS REVENUE 2,072 51,311 52,000 50,850 51,000 51,200 (1,000) -1.92%
TOTAL REVENUE 683,132 781,697 752,000 780,850 803,000 826,200 51,000
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SPECIAL 1% SALES TAX (BBB) FUND
BBB Expenditures 32,935 24,286 31,200 31,167 33,400 58,400 2,200 7.05%
TOTAL BBB EXPENSE 32,935 24,286 31,200 31,167 33,400 58,400 2,200 7.05%
SUBSIDIES
Subsidy Expense 634,870 639,500 682,000 685,000 507,000 507,000 (175,000) -25.66%
TOTAL SUBSIDY EXPENSE 634,870 639,500 682,000 685,000 507,000 507,000 (175,000) -25.66%
TRANSFERS
Transfer out to Swiftel Center 18,378 21,910 17,293 17,293 192,642 192,642 175,349 1013.99%
TOTAL TRANSFERS 18,378 21,910 17,293 17,293 192,642 192,642 175,349 1013.99%
TOTAL EXPENSES 686,183 685,696 730,493 733,460 733,042 758,042 2,549
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses (3,051) 96,001 21,507 47,390 69,958 68,158 48,451
ESTIMATED FUND BALANCE 530,098
ESTIMATED CASH BALANCE 425,415 478,122 506,972
REVENUES
INCREASE/DECREASE
SPECIAL REVENUE FUNDS
SPECIAL 1% SALES TAX (BBB)
SPECIAL REVENUE FUNDS
SPECIAL 1% SALES TAX (BBB)
EXPENSES
INCREASE/DECREASE
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
BUSINESS IMPROVEMENT DISTRICT #1 (BID#1)
BID #1 TAX
Room Tax - - 200,000 400,000 400,000 400,000 100.00%
TOTAL TAX - - - 200,000 400,000 400,000 400,000 100.00%
TOTAL REVENUE - - - 200,000 400,000 400,000 400,000
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
BUSINESS IMPROVEMENT DISTRICT #1 (BID#1)
BID #1 Expenditures - - - 2,040 204,080 204,080 50,000 100.00%
TOTAL BID #1 EXPENSE - - - 2,040 204,080 204,080 50,000 100.00%
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses - - - 197,960 195,920 195,920 350,000
ESTIMATED FUND BALANCE
ESTIMATED CASH BALANCE - 99,960
INCREASE/DECREASE
SPECIAL REVENUE FUNDS
BUSINESS IMPROVEMENT DISTRICT #1 (BID #1)
REVENUES
INCREASE/DECREASE
SPECIAL REVENUE FUNDS
BUSINESS IMPROVEMENT DISTRICT #1 (BID #1)
EXPENSES
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 1 (TIF1)
TAXES
TIF Taxes - - 132,107 132,500 132,500 132,500 393 0.30%
TOTAL TAXES - - 132,107 132,500 132,500 132,500 393 0.30%
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 1 (TIF1)
OTHER
Tax Increment Financing Fund - - 132,107 132,500 132,500 132,500 393 0.30%
TOTAL TAX INCREMENT FUND #1 - - 132,107 132,500 132,500 132,500 393 0.30%
TOTAL TIF1 MEANS OF FINANCE
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 3 (TIF3)
TAXES
TIF Taxes - - 113,587 120,000 120,000 120,000 6,413 5.65%
TOTAL TAXES - - 113,587 120,000 120,000 120,000 6,413 5.65%
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 3 (TIF3)
OTHER
Tax Increment Financing Fund - - 113,587 150,648 120,000 120,000 6,413 5.65%
TOTAL TAX INCREMENT FUND #3 - - 113,587 150,648 120,000 120,000 6,413 5.65%
TOTAL TIF3 MEANS OF FINANCE
INCREASE/DECREASE
DEBT SERVICE FUNDS
TAX INCREMENT #1 (Innovation Campus)
INCREASE/DECREASE
DEBT SERVICE FUNDS
TAX INCREMENT #3 (Valley View)
INCREASE/DECREASE
TAX INCREMENT #3 (Valley View)
EXPENDITURES
INCREASE/DECREASE
TAX INCREMENT #1 (Innovation Campus)
EXPENDITURES
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 4 (TIF4)
TAXES
TIF Taxes - - 76,472 67,664 67,664 67,664 (8,808) -11.52%
TOTAL TAXES - - 76,472 67,664 67,664 67,664 (8,808) -11.52%
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 4 (TIF4)
OTHER
Tax Increment Financing Fund - - 76,472 71,618 67,664 67,664 (8,808) -11.52%
TOTAL TAX INCREMENT FUND #4 - - 76,472 71,618 67,664 67,664 (8,808) -11.52%
TOTAL TIF4 MEANS OF FINANCE
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 5 (TIF5)
TAXES
TIF Taxes - - - - - - -
TOTAL TAXES - - - - - - -
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 5 (TIF5)
OTHER
Tax Increment Financing Fund - - - - - - -
TOTAL TAX INCREMENT FUND #5 - - - - - - -
TOTAL TIF5 MEANS OF FINANCE
TAX INCREMENT #4 (Sieler Add'n)
EXPENDITURES
INCREASE/DECREASE
TAX INCREMENT #5 (32nd Ave)
INCREASE/DECREASE
DEBT SERVICE FUNDS
TAX INCREMENT #5 (32nd Ave)
EXPENDITURES
INCREASE/DECREASE
DEBT SERVICE FUNDS
TAX INCREMENT #4 (Sieler Add'n)
INCREASE/DECREASE
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 6 (TIF6)
TAXES
TIF Taxes - - - - - - -
TOTAL TAXES - - - - - - -
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
TAX INCREMENT FINANCING FUND 6 (TIF6)
OTHER
Tax Increment Financing Fund - - - - - - -
TOTAL TAX INCREMENT FUND #6 - - - - - - -
TOTAL TIF6 MEANS OF FINANCE
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
CITY/COUNTY ADMINISTRATION BUILDING
518 CAPITAL PROJECT
County Reimbursement/52%700 - 1,898,970 2,275,403 - - (1,898,970) -100.00%
Miscellaneous (68,032) 152,964 - 2,500 - - - 0.00%
Bond Proceeds 6,000,000 - - - - - - 0.00%
TOTAL OTHER FINANCING SOURCES 5,932,668 152,964 1,898,970 2,277,903 - - (1,898,970) -100.00%
TOTAL REVENUES 5,932,668 152,964 1,898,970 2,277,903 - - (1,898,970)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
CITY/COUNTY ADMINISTRATION BUILDING
518 CAPITAL PROJECT
Capital 533,252 3,218,658 4,477,818 4,510,309 - - (4,477,818) -100.00%
TOTAL CAPITAL PROJECT EXPENDITURES 533,252 3,218,658 4,477,818 4,510,309 - - (4,477,818) -100.00%
EXPENDITURES
TAX INCREMENT #6 (Digester)
REVENUES
DEBT SERVICE FUNDS
TAX INCREMENT #6 (Digester)
EXPENDITURES
CITY/COUNTY ADMINISTRATION BUILDING
INCREASE/DECREASE
CITY/COUNTY ADMINISTRATION BUILDING
INCREASE/DECREASE
CAPITAL PROJECT FUNDS
TOTAL EXPENDITURES 533,252 3,218,658 4,477,818 4,510,309 - - (4,477,818)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 5,399,416 (3,065,694) (2,578,848) (2,232,406) - - 2,578,848
ESTIMATED FUND BALANCE 2,550,748
ESTIMATED CASH BALANCE 2,497,489 (81,359) 265,083
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
NATURE PARK
INTERGOVERNMENTAL REVENUE
Grants - - 225,000 182,000 195,000 - (30,000) -13.33%
TOTAL INTERGOVERNMENTAL REVENUE - - 225,000 182,000 195,000 - (30,000) -13.33%
CAPITAL PROJECT
Donations 50,000 2,050,000 50,000 50,000 50,000 - - 0.00%
Interest Earned 60 6,221 - - - - - 0.00%
Transfer in from General Fund 50,000 - - - - - 0.00%
Transfer in from 75% Sales & Use Tax - 75,000 587,274 - 810,216 218,614 222,942 37.96%
Transfer in from Landfill - 53,568 - - - - - 0.00%
TOTAL OTHER FINANCING SOURCES 100,060 2,184,789 637,274 50,000 860,216 218,614 222,942 34.98%
100,060 2,184,789 862,274 232,000 1,055,216 218,614 192,942
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
NATURE PARK
518 CAPITAL PROJECT
Capital 49,500 107,675 2,640,444 1,285,643 2,113,137 237,124 (527,307) -19.97%
TOTAL CAPITAL PROJECT EXPENDITURES 49,500 107,675 2,640,444 1,285,643 2,113,137 237,124 (527,307) -19.97%
TOTAL EXPENDITURES 49,500 107,675 2,640,444 1,285,643 2,113,137 237,124 (527,307)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses 50,560 2,077,114 (1,778,170) (1,053,643) (1,057,921) (18,510) 720,249
ESTIMATED FUND BALANCE 2,127,614
ESTIMATED CASH BALANCE 2,130,074 351,904 1,076,431
DAKOTA NATURE PARK
CAPITAL PROJECT FUNDS
DAKOTA NATURE PARK
EXPENDITURES
REVENUES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
GATEWAY PROJECT
CAPITAL PROJECT
Donations 1,100,000 - - - - -
Miscellaneous 3,084
Transfer in from 75% Sales & Use Tax - 132,125 - - - (132,125) -100.00%
TOTAL OTHER FINANCING SOURCES - 1,103,084 132,125 - - - (132,125) -100.00%
TOTAL REVENUE - 1,103,084 132,125 - - - (132,125)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
GATEWAY PROJECT
518 CAPITAL PROJECT
Capital 290,234 944,974 558,500 122,000 100,000 (822,974) -87.09%
TOTAL CAPITAL PROJECT EXPENDITURES - 290,234 944,974 558,500 122,000 100,000 (822,974) -87.09%
TOTAL EXPENDITURES - 290,234 944,974 558,500 122,000 100,000 (822,974)
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses - 812,850 (812,849) (558,500) (122,000) (100,000) 690,849
ESTIMATED FUND BALANCE 812,850
ESTIMATED CASH BALANCE 823,693 10,844 265,193
CAPITAL PROJECT FUNDS
GATEWAY PROJECT
REVENUES
GATEWAY
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
GATEWAY PROJECT
CAPITAL PROJECT
Grant 161,000 839,000 - 839,000 0.0%
Proceeds from Debt 614,000 3,956,000 - 3,956,000 0.0%
TOTAL OTHER FINANCING SOURCES - - - 775,000 4,795,000 - 4,795,000 0.00%
TOTAL REVENUE - - - 775,000 4,795,000 - 4,795,000
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
GATEWAY PROJECT
518 CAPITAL PROJECT
Capital 775,000 4,795,000 4,795,000 100.00%
TOTAL CAPITAL PROJECT EXPENDITURES - - - 775,000 4,795,000 - 4,795,000 100.00%
TOTAL EXPENDITURES - - - 775,000 4,795,000 - 4,795,000
EXCESS OF REVENUES & OTHER SOURCES
Over (Under) Expenditures & Uses - - - - - - -
ESTIMATED FUND BALANCE
ESTIMATED CASH BALANCE
CAPITAL PROJECT FUNDS
DIGESTER PROJECT (TIF6)
REVENUES
DIGESTER PROJECT (TIF6)
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIQUOR FUND
ENTERPRISE OPERATING REVENUE
Charges for Goods and Services 1,416,580 1,468,309 1,517,300 1,517,300 1,567,200 1,567,200 49,900 3.29%
TOTAL ENTERPRISE OPERATING REVENUE 1,416,580 1,468,309 1,517,300 1,517,300 1,567,200 1,567,200 49,900 3.29%
ENTERPRISE NONOPERATING REVENUE
Interest Earned 13,492 11,200 13,000 13,000 13,000 13,000 - 0.00%
Rent 1,640 - - - - - - 0.00%
Miscellaneous Revenue 858 420 - - - - - 0.00%
TOTAL ENTERPRISE NONOPERATING REVENUE 15,990 11,619 13,000 13,000 13,000 13,000 - 0.00%
1,432,570 1,479,928 1,530,300 1,530,300 1,580,200 1,580,200 49,900
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
LIQUOR FUND
ENTERPRISE OPERATING EXPENSES
Operating Expenses 608,460 635,316 691,908 691,908 717,854 724,090 25,946 3.75%
TOTAL OPERATING EXPENDITURES 608,460 635,316 691,908 691,908 717,854 724,090 25,946 3.75%
TRANSFERS
601.7 Transfer Out - General Fund 420,000 500,000 600,000 600,000 650,000 650,000 50,000 8.33%
601.7 Transfer Out - Edgebrook Fund - - 100,000 100,000 100,000 100,000 - 0.00%
TOTAL TRANSFERS 420,000 500,000 700,000 700,000 750,000 750,000 50,000 7.14%
TOTAL EXPENDITURES & TRANSFERS 1,028,460 1,135,316 1,391,908 1,391,908 1,467,854 1,474,090 75,946
NET INCOME (LOSS)404,111 344,612 138,392 138,392 112,346 106,110 (26,046)
ESTIMATED NET ASSETS 2,736,265
ESTIMATED CASH BALANCE 1,425,933 1,564,325 1,564,325
REVENUES
LIQUOR FUND
ENTERPRISE FUND
LIQUOR FUND
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
AIRPORT FUND
TAXES
Airflight Taxes - - - - - - - 0.00%
TOTAL TAXES - - - - - - - 0.00%
INTERGOVERNMENTAL REVENUE
Grants 230,644 374,171 4,256,782 3,519,072 9,003,050 7,722,777 4,746,268 111.50%
TOTAL INTERGOVERNMENTAL REVENUE 230,644 374,171 4,256,782 3,519,072 9,003,050 7,722,777 4,746,268 111.50%
ENTERPRISE OPERATING REVENUE
Charges for Goods and Services 4,899 5,366 4,400 4,400 4,500 4,600 100 2.27%
TOTAL ENTERPRISE OPERATING REVENUE 4,899 5,366 4,400 4,400 4,500 4,600 100 2.27%
ENTERPRISE NONOPERATING REVENUE
Rent 33,662 32,349 20,500 19,900 13,469 13,527 (7,031) -34.30%
Miscellaneous Revenue 11,731 862 20,100 20,100 200 200 (19,900) -99.00%
Transfer in from General Fund 690,000 20,000 100,000 100,000 287,000 100,000 187,000 187.00%
Transfer in from 75% Sales & Use Tax 44,880 36,931 89,950 89,950 297,665 386,138 207,715 230.92%
TOTAL ENTERPRISE NONOPERATING REVENUE 780,273 90,142 230,550 229,950 598,334 499,865 367,784 159.52%
TOTAL REVENUES 1,015,816 469,679 4,491,732 3,753,422 9,605,884 8,227,242 5,114,152
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
AIRPORT FUND
ENTERPRISE OPERATING EXPENSES
Operating Expenses 438,793 377,679 4,647,761 3,872,830 9,648,358 8,033,058 5,000,597 107.59%
TOTAL OPERATING EXPENDITURES 438,793 377,679 4,647,761 3,872,830 9,648,358 8,033,058 5,000,597 107.59%
TOTAL EXPENDITURES 438,793 377,679 4,647,761 3,872,830 9,648,358 8,033,058 5,000,597
NET INCOME (LOSS)577,023 92,000 (156,029) (119,408) (42,474) 194,184 113,555
ESTIMATED NET ASSETS 4,707,341
ESTIMATED CASH BALANCE - (156,029) (119,408)
REVENUES
AIRPORT FUND
EXPENDITURES
ENTERPRISE FUND
AIRPORT
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
EDGEBROOK GOLF COURSE FUND
ENTERPRISE OPERATING REVENUE
Charges for Goods and Services 328,998 324,398 363,000 371,811 411,523 445,355 48,523 13.37%
TOTAL ENTERPRISE OPERATING REVENUE 328,998 324,398 363,000 371,811 411,523 445,355 48,523 13.37%
ENTERPRISE NONOPERATING REVENUE
Rent 9,706 9,600 9,600 9,600 9,600 9,600 - 0.00%
Donation 1,900 - - - - - - 0.00%
Miscellaneous Revenue 242 51 - 31 - - - 0.00%
Transfer in General Fund - - - - - - - 0.00%
Transfer in Liquor Fund - 100,000 100,000 100,000 100,000 100,000 - 0.00%
Transfer in 25% Public Improve - 60,513 64,017 64,017 38,213 38,213 (25,804) -40.31%
Transfer in 75% Public Improve 124,100 72,000 101,500 101,500 95,000 57,000 (6,500) -6.40%
TOTAL ENTERPRISE NONOPERATING REVENUE 135,948 242,164 275,117 275,148 242,813 204,813 (32,304) -11.74%
TOTAL REVENUE 464,946 566,562 638,117 646,959 654,336 650,168 16,219
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
EDGEBROOK GOLF COURSE FUND
ENTERPRISE OPERATING EXPENSES
Operating Expenses 480,388 495,655 630,048 642,591 669,681 636,524 39,633 6.29%
TOTAL OPERATING EXPENDITURES 480,388 495,655 630,048 642,591 669,681 636,524 39,633 6.29%
TOTAL EXPENDITURES 480,388 495,655 630,048 642,591 669,681 636,524 39,633
NET INCOME (LOSS)(15,443) 70,907 8,069 4,368 (15,345) 13,644 (23,414)
ESTIMATED NET ASSETS 1,071,416
ESTIMATED CASH BALANCE 30,155 38,224 34,523
ENTERPRISE FUND
EXPENDITURES
REVENUES
EDGEBROOK GOLF COURSE
EDGEBROOK GOLF COURSE
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SOLID WASTE COLLECTION FUND
ENTERPRISE OPERATING REVENUE
Charges for Goods and Services 1,001,876 1,003,097 1,065,250 1,065,250 1,075,250 1,075,250 10,000 0.94%
TOTAL ENTERPRISE OPERATING REVENUE 1,001,876 1,003,097 1,065,250 1,065,250 1,075,250 1,075,250 10,000 0.94%
TOTAL REVENUE 1,001,876 1,003,097 1,065,250 1,065,250 1,075,250 1,075,250 10,000
ACTUAL ACTUAL ADOPTED ADOPTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SOLID WASTE COLLECTION FUND
ENTERPRISE OPERATING EXPENSES
Operating Expenses 880,792 882,007 1,097,435 1,103,585 1,184,917 912,300 87,482 7.97%
TOTAL OPERATING EXPENDITURES 880,792 882,007 1,097,435 1,103,585 1,184,917 912,300 87,482 7.97%
TOTAL EXPENDITURES 880,792 882,007 1,097,435 1,103,585 1,184,917 912,300 87,482
NET INCOME (LOSS)121,084 121,090 (32,185) (38,335) (109,667) 162,950 (77,482)
ESTIMATED NET ASSETS 1,136,781
ESTIMATED CASH BALANCE 414,495 382,310 376,160
ENTERPRISE FUND
SOLID WASTE COLLECTIONS
REVENUES
SOLID WASTE COLLECTIONS
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SOLID WASTE DISPOSAL FUND
INTERGOVERNMENTAL REVENUE
Grants 300,000 99,834 - - - - - 0.00%
TOTAL INTERGOVERNMENTAL REVENUE 300,000 99,834 - - - - - 0.00%
ENTERPRISE OPERATING REVENUE
Charges for Goods and Services 2,016,154 1,892,554 2,055,000 1,940,000 2,040,000 2,040,000 (15,000) -0.73%
TOTAL ENTERPRISE OPERATING REVENUE 2,016,154 1,892,554 2,055,000 1,940,000 2,040,000 2,040,000 (15,000) -0.73%
ENTERPRISE NONOPERATING REVENUE
Rent 6,335 11,497 11,000 11,346 11,000 11,000 - 0.00%
Interest Income 46,215 30,785 40,000 30,000 30,000 30,000 (10,000) -25.00%
Miscellaneous Revenue 19,690 - 0.00%
TOTAL ENTERPRISE NONOPERATING REVENUE 72,240 42,281 51,000 41,346 41,000 41,000 (10,000) -19.61%
TOTAL INCOME 2,388,394 2,034,669 2,106,000 1,981,346 2,081,000 2,081,000 (25,000)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
SOLID WASTE DISPOSAL FUND
ENTERPRISE OPERATING EXPENSES
Operating Expenses 1,076,325 1,466,489 1,641,361 1,517,062 1,546,800 1,722,903 (94,561) -5.76%
TOTAL OPERATING EXPENDITURES 1,076,325 1,466,489 1,641,361 1,517,062 1,546,800 1,722,903 (94,561) -5.76%
TRANSFERS
625.7 Transfer Out - General Fund 440,000 500,000 525,000 525,000 525,000 525,000 - 0.00%
TOTAL TRANSFERS 440,000 500,000 525,000 525,000 525,000 525,000 - 0.00%
TOTAL EXPENDITURES & TRANSFERS 1,516,325 1,966,489 2,166,361 2,042,062 2,071,800 2,247,903 (94,561)
NET INCOME (LOSS)872,069 68,180 (60,361) (60,716) 9,200 (166,903) 69,561
ESTIMATED NET ASSETS 6,875,275
ESTIMATED CASH BALANCE 2,746,715 2,810,838 2,874,607
ENTERPRISE FUND
SOLID WASTE DISPOSAL
REVENUES
SOLID WASTE DISPOSAL
EXPENDITURES
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
RESEARCH & TECHNOLOGY CENTER
ENTERPRISE NONOPERATING REVENUE
Rent 195,617 177,268 135,000 85,230 42,000 45,000 (93,000) -68.89%
Miscellaneous Revenue 822 5,222 - - 8,000 24,000 8,000 100.00%
TOTAL ENTERPRISE NONOPERATING REVENUE 196,439 182,490 135,000 85,230 50,000 69,000 (85,000) -62.96%
TOTAL REVENUE 196,439 182,490 135,000 85,230 50,000 69,000 (85,000)
ACTUAL ACTUAL ADOPTED PROJECTED PROPOSED PROPOSED INCREASE/DECREASE
FY 10 FY 11 FY 12 FY 12 FY 13 FY 14 AMOUNT %
RESEARCH & TECHNOLOGY CENTER
ENTERPRISE OPERATING EXPENSES
Operating Expenses 85,264 106,996 45,765 40,865 52,159 82,614 6,394 13.97%
TOTAL OPERATING EXPENDITURES 85,264 106,996 45,765 40,865 52,159 82,614 6,394 13.97%
TRANSFERS
Transfer Out - General Fund 75,822 75,000 70,000 70,000 40,000 - (30,000) -42.86%
TOTAL TRANSFERS 75,822 75,000 70,000 70,000 40,000 - (30,000) -42.86%
TOTAL EXPENDITURES & TRANSFERS 161,087 181,996 115,765 110,865 92,159 82,614 (23,606)
NET INCOME (LOSS)35,352 494 19,235 (25,635) (42,159) (13,614) (61,394)
ESTIMATED NET ASSETS 1,834,525
ESTIMATED CASH BALANCE 85,631 104,866 59,996
EXPENDITURES
ENTERPRISE FUND
RESEARCH & TECHNOLOGY CENTER
REVENUES
RESEARCH & TECHNOLOGY CENTER
PUBLIC IMPROVEMENT FUND CASH PROJECTIONS
0.0265 5 year average growth projection
$3,196,289.30 Cash End of 2011
2012 Budget 12 Estimated ActuaDescription 2013 Requested 2014 Proposed 2015 Proposed 2016 Proposed 2017 Proposed
75% Public Improvemnts/ord
(210,975.70)$ 2,609,822.80$ Cash on Hand 2,667,965$ (216,658)$ (1,067,988)$ (2,563,799)$ (2,827,259)$
3,954,041.00$ 3,985,225.00$ Revenue Total 4,021,516$ 4,125,039$ 4,231,305$ 4,340,387$ 4,452,360$
2,211,957.00$ 2,048,292.50$ Debt Service Costs Total 1,663,493$ 1,661,743$ 1,659,643$ 1,660,143$ 1,661,843$
450,000.00$ 450,000.00$ Subsidy Expenditure Total 125,000$ 100,000$ 75,000$ 50,000$ 25,000$
HVAC System Activity Center 25,000$
Replace Elec Sys Arts Council 30,000$
-$ -$ Railroad Crossing Arms -$ 20,000$ 20,000$ 20,000$ 20,000$
-$ -$ Bob Shelden Restrooms/Lot 200,000$ -$ -$ -$ -$
-$ -$ Bob Shelden Plaza Overlay 15,000$ -$ -$ -$ -$
-$ -$ Bob Shelden Parking Lot -$ 190,000$ -$ -$ -$
Youth Baseball Fields 65,000$
Irrigate W Medary Fields 50,000$
Pioneer Trail South 120,000$
Pioneer Restroom Replace 80,000$
Fishback Soccer Complex 32,000$
-$ -$ Larson Ice Arena-N Parking Lot -$ -$ -$ -$ 256,477$
-$ -$ Larson Ice Arena-W Parking Lot 20,000$ 120,000$ 12,000$ -$
-$ -$ LIA-NAHL Locker Rm -$ -$ -$ 100,000$ -$
-$ -$ LIA-Dehumidifer Sys Blue Rink -$ -$ -$ -$ 120,000$
-$ -$ Hillcrest Quick Start Tennis Crts -$ 80,000$ -$ -$ -$
-$ -$ Bike Trail Repair -$ 100,000$ -$ -$ -$
-$ -$ Baseball Field Lighting Upgrade -$ 190,000$ -$ -$ -$
-$ -$ Youth Baseball Fields -$ -$ -$ 250,000$ -$
-$ -$ Sexauer Restroom Replacements -$ -$ -$ 80,000$ -$
-$ -$ 11th St frm 16th Ave to 22nd Ave 1,000,000$ -$ -$ -$
7th Ave S 450,000$
2,000,000.00$ -$ W 20th St S,Cumberland to Main 1,000,000$ 1,000,000$ -$ -$
15th St S/7th Ave S 550,000$
Main Ave S Sewer Line 500,000$
-$ -$ Main Ave 20th St S to 32nd St S -$ 1,500,000$
-$ -$ E 20th St S & 22nd Ave to future -$ -$ -$ 1,500,000$
-$ -$ Southbrook-2 addn'l lighted fields -$ -$ -$ -$ 250,000$
2,000,000.00$ -$ Capital Expenditures Total 235,000$ 3,182,000$ 1,712,000$ 2,450,000$ 2,331,477$
650,000.00$ 650,000.00$ Transfer out General Fund
89,950.00$ 183,399.00$ Transfer Out to Airport 197,665$ 377,805$ 151,350$ 5,555$ 85,000$
338,500.00$ 338,500.00$ Transfer out-Swiftel CIP 265,000$ 962,500$ 692,000$ 812,500$ 587,500$
-$ Transf out-Bike Trail Project -$ -$ -$ -$ -$
101,500.00$ 101,500.00$ Transfer out to Edgebrook Golf 92,000$ 57,000$ 9,300$ 158,000$ 25,000$
-$ -$ Trnsf out SA N 900' 7th Ave 450,000$ -$ -$ -$
-$ -$ Trnsf out SA S Portion 7th Ave -$ -$ 550,000$ -$ -$
-$ -$ Trnsf out SA S Main Sewer Line -$ -$ 500,000$ -$
800,000.00$ 800,000.00$ Transfer out SA 25th Ave 575,000$ -$ -$ -$ -$
587,274.00$ -$ Transfer out-Nature Park 810,216$ 218,614$ -$ -$ -$
132,125.00$ -$ Transfer Out to Gateway Proj 450,000$ 200,000$ -$
2,699,349.00$ 2,073,399.00$ Transfers for CIP Total 1,939,881$ 2,065,919$ 1,852,650$ 1,676,055$ 697,500$
3,954,041.00$ 3,985,225.00$ Revenue Grand Total 4,021,516$ 4,125,039$ 4,231,305$ 4,340,387$ 4,452,360$
7,361,306.00$ 4,571,691.50$ Expense Grand Total 3,963,374$ 7,009,662$ 5,299,293$ 5,836,198$ 4,715,820$
General Ledger
Budget to Actual 8/21/2012
Fiscal Year 2012
25% Sales & Use Tax
2009 Actual 2010 Actual 2011 Actual 2012 Budget 12 Estimated Act Account Number Description 2013 Requested 2014 Proposed 2015 Proposed 2016 Proposed 2017 Proposed
212 25% Sales & Use Tax/ord
34,741.81$ 794,345.79$ -$ 198,548.79$ 212-000-0-102-00 Cash on Hand 524,279.79$ 160,943.79$ 292,420.00$ 265,363.00$ 623,253.00$
1,000,000.00$ 999,000.00$ -$ -$ 212-000-0-200-00 Investments
(7,810.00)$ (33,840.00)$ -$ -$ 212-000-0-205-00 Invest Unrealized gains/losses -$ -$ -$ -$ -$
1,197,475.73$ 1,213,075.41$ 1,250,271.49$ 1,252,500.00$ 1,252,500.00$ 212-000-4-113-02 Sales & Use Tax 1,252,500.00$ 1,290,075.00$ 1,328,777.00$ 1,368,641.00$ 1,409,700.00$
15,180.00$ 2,920.00$ -$ -$ 212-000-4-342-99 Miscellaneous -$ -$ -$ -$ -$
-$ -$ 15,422.00$ -$ 212-000-4-441-08 Wildfire Reimbursement -$ -$ -$ -$ -$
2,560.00$ 9,346.67$ 48,256.67$ 15,000.00$ 5,000.00$ 212-000-4-661-00 Interest Income 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$
8,355.09$ 4,665.09$ 2,095.75$ 3,000.00$ 3,000.00$ 212-000-4-661-01 Money Market Interest 1,000.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$
-$ 100,000.00$ -$ -$ -$ 212-000-6-700-00 Transfer in from other funds -$ -$ -$ -$ -$
1,223,570.82$ 1,330,007.17$ 1,316,045.91$ 1,270,500.00$ 1,260,500.00$ Revenue Total 1,258,500.00$ 1,297,575.00$ 1,336,277.00$ 1,376,141.00$ 1,417,200.00$
1,668,785.00$ 1,655,034.00$ 1,640,213.00$ 1,780,631.00$ 1,866,413.00$ 212-000-7-899-00 Transfer out General Fund 523,651.00$ 1,196,445.00$ 590,345.00$ 938,500.00$ 582,300.00$
191,428.00$ 205,179.00$ 220,000.00$ 235,500.00$ 235,500.00$ 212-000-7-899-00 Transfer out GF-Street Sealing 250,000.00$ 265,000.00$ 288,000.00$ 295,000.00$ 303,000.00$
-$ -$ 36,931.00$ -$ -$ 212-000-7-899-01 Transfer out-Airport -$ -$ -$ -$ -$
-$ -$ 60,513.00$ 64,017.00$ 64,017.00$ 212-000-7-899-04 Transfer out-Edgebrook 64,017.00$ 64,017.00$ 26,000.00$ 26,000.00$ 26,000.00$
201,485.50$ 190,000.00$ 180,322.00$ 184,347.00$ 184,347.00$ 212-000-7-899-10 Brkgs City 911-2/3 call demand 95,101.00$ 135,449.00$ 139,512.00$ 143,698.00$ 148,010.00$
2,061,698.50$ 2,050,213.00$ 2,137,979.00$ 2,264,495.00$ 2,350,277.00$ Capital Expenses Total 932,769.00$ 1,660,911.00$ 1,043,857.00$ 1,403,198.00$ 1,059,310.00$
1,223,570.82$ 1,330,007.17$ 1,316,045.91$ 1,270,500.00$ 1,260,500.00$ Revenue Grand Total 1,258,500.00$ 1,297,575.00$ 1,336,277.00$ 1,376,141.00$ 1,417,200.00$
2,061,698.50$ 2,050,213.00$ 2,137,979.00$ 2,264,495.00$ 2,350,277.00$ Expense Grand Total 932,769.00$ 1,660,911.00$ 1,043,857.00$ 1,403,198.00$ 1,059,310.00$
2nd Penny 2012 Expense
-453,986 PD Original 30,000 2012 FD Amendment #1 Bldg
-1,085,145 Fire Original 26,621 2012 FD Addn'l Amend FD Grant
-6,000 FD Door Orginal 56,621 2012 FD Total Amendments
-235,500 Street Sealing Funding
1,780,631 Transfer GF 16,200 2011 budget/unused 2nd penny
13,800 2012 Anticipated Transfer 2nd Penny for FD
2nd Penny Request 2013 26,621 2012 Grant
70,200 PD Vehicles 56,621
10,000 PD Furniture Expense
20,296 PD Radio, Tazors, Vest, etc 51,982 2012 PD Amend #3 Bldg
8,500 PD Building-Ballast 20,000 2012 PD Amend #3 PD F&E
3,500 PD Fire Arms Range-Post 71,982 2012 PD Total Amendments
7,000 PD Computers Funding
119,496 Total 13,800 2012 Anticipated Transfer 2nd Penny for FD
71,982 2012 Anticipated Transfer 2nd Penny for pD
125,000 FD Land 85,782
33,000 FD Technology Upgrades
246,145 FD Vehicles & Eqp(Safety House, P&I Pay, 10 for Gear)
404,145
2013 Budget
Street Improvements, Maintenance & Overlays on Existing Streets
STREET
LENGTH WIDTH WORK COST
STREET FROM ..... TO .....(FEET)(FEET)REQUIRED
2013
Main Ave S 1st Street S to 4th Street S 1700 65 Mill and 2" asphalt overlay with striping $200,000.00
32nd Avenue North of Prince Drive 2400 40 Mill and 2" asphalt overlay with striping $220,000.00
Large digouts Miscellaneous locations Repair digouts with new gravel and repair with aspha $80,000.00
Railroad Street 1st Ave S to Western Avenue 5 year plan - replace concrete slabs and rail/inlets $75,000.00
$575,000.00
2014
5th Avenue 3rd Street to 6th Street permanent pavement striping (on concrete street)$60,000.00
Division Avenue Main Ave S to 2nd St S 2500 30 Mill and 2" asphalt overlay with striping $130,000.00
3rd Ave S 2nd Street S to 5th Street S 1200 27 Mill and 2" asphalt overlay with striping $80,000.00
Castlewood Drive Medary Avenue to Windsor Drive 600 26 Mill and 2" asphalt overlay with striping $40,000.00
5th Street South Main Avenue S to Medary Avenue S 2650 30 Mill and 2" asphalt overlay with striping $160,000.00
Large digouts Miscellaneous locations Repair digouts with new gravel and repair with aspha $50,000.00
Railroad Street 1st Ave S to Western Avenue 5 year plan - replace concrete slabs $50,000.00
$570,000.00
2015
34th Avenue 6th Street to Bypass 5280 36 Mill and 2" asphalt overlay with striping $300,000.00
(delayed from 2012 due to Bel project contruction)
7th Ave S 8th Street S to 5th Street S 1300 30 Mill and 2" asphalt overlay with striping $100,000.00
3rd Avenue 3rd Street to 5th Street permanent pavement striping (on concrete street)$70,000.00
8th Street S. (west)Main Avenue S to Regency Court 3000 30 Mill and 2" asphalt overlay with striping $140,000.00
3rd Avenue Harvey Dunn to 11th Street 700 35 Mill and 2" asphalt overlay with striping $70,000.00
Large digouts Miscellaneous locations Repair digouts with new gravel and repair with aspha $100,000.00
Railroad Street 1st Ave S to Western Avenue 5 year plan - replace concrete slabs $50,000.00
$830,000.00
2016
2nd Street South Division Avenue to Main Avenue Mill and 2" asphalt overlay with striping $150,000.00Lefevre Drive Lefevre Drive to west culdesac 600 30 Remove asphalt/install concrete pavement $260,000.00
Large digouts Miscellaneous locations Repair digouts with new gravel and repair with aspha $100,000.00
Railroad Street 1st Ave S to Western Avenue 5-year plan - replace concrete slabs $50,000.00
$560,000.00
2017
8th Street Western Ave to 20th Ave 10000 30 Mill entire street width, 2" asphalt overlay $400,000.00
Railroad Street 1st Ave S to Western Avenue 5-year plan - replace concrete slabs $50,000.00
Large digouts Miscellaneous locations Repair digouts with new gravel and repair with aspha $100,000.00
$550,000.00
2013 Budget
Future Street Construction
COST FUNDING
STREET FROM ..... TO ..... SOURCE
2014
11th Street 16th Avenue to 22nd Ave/Major Collector $1,000,000.00 75% S&U/Assessment
11th Street new sanitary sewer, SDSU median, mill and overlay Grant
7th Avenue South 12th Street South to South Approx. 900'/Minor Collector $450,000.00 Assessment
(developer driven)75% Sales & Use Tax
West 20th Street South Main Ave S to Western Avenue South/Minor Arterial $1,000,000.00 75% Sales & Use Tax
$2,450,000.00
2015
West 20th Street South Western Avenue S to Cumberland Court/Minor Arterial $1,000,000.00 75% Sales & Use Tax
7th Ave S (south end) &
15th Street South East of Main Ave to McClemans Addition/Minor Collector $550,000.00 Assessment &
75% Sales & Use Tax
$1,550,000.00
2016
Main Avenue South 20th Street South to 32nd Street South/Major Arterial $1,500,000.00 75% Sales & Use Tax
($500,000 of the construction cost to be assessed)$500,000.00 Assessment
$2,000,000.00
2017
East 20th Street South 22nd Avenue to future I-29 Overpass/Minor Arterial $1,500,000.00 75% Sales & Use Tax
(street cost between 22nd Ave and I-29. Grant funding
will be needed for overpass and road east of I-29)$1,500,000.00
2013 Budget
5 year Capital Improvement Plan
Railroad Crossing Improvement Projects
(Costs are shown as the City 10% match upon receiving grant)
COST
STREET FROM ..... TO .....
2013
no planned projects $0.00
2014
22nd Avenue New rail crossing with islands and crossing arms $20,000.00
(City Share of project costs)
2015
17th Avenue South New rail crossing with crossing arms $20,000.00
(City Share of project costs)
2016
Medary Avenue New rail crossing with crossing arms $20,000.00
(City Share of project costs)
2017
Western Avenue New rail crossing with crossing arms $20,000.00
(City Share of project costs)
2018
34th Avenue New rail crossing with crossing arms $20,000.00
(City Share of Project Costs)
City of Brookings
August 28, 2012
74
4:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports”
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Niemeyer
2. Council Member McClemans
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member Corbett
City of Brookings
August 28, 2012
75
4:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Joint Powers Board members’ Report.
Pursuant to council direction, “Joint Powers Board City Member Updates”
will be a standing agenda item at all Council Work Sessions. The Council
Members serving on the Joint Powers Board will provide verbal updates
regarding recent meetings they have attended.
Mayor Tim Reed & Council Member Kubal
City of Brookings
August 28, 2012
76
4:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council member introduction of topics for future discussion.
Any Council member may request discussion of any issue at a future
meeting only. Items cannot be added for action at this meeting. A motion
and second is required stating the issue, requested outcome, and time
frame. A majority vote is required.
City of Brookings
August 28, 2012
77
4:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
August 28 Tuesday Flag Raising Ceremony 3:00 p.m. Government Center
August 28 Tuesday Council Meeting 4:00 p.m. Chambers
September 11 Tuesday Council Meeting 5:00 p.m. Chambers
September 13 Thursday Mayor’s Volunteer
Appreciation Reception
5:00 – 7:00
p.m. Performing Arts Center
September 18 Tuesday Council Study Session 5:00 p.m. Chambers
September 20-22 Thursday-
Saturday NLC Leadership Summit Charlotte, NC
September 25 Tuesday Council Meeting 5:00 p.m. Chambers
September 27 Thursday Mayor’s Awards Reception 5:00 p.m. Brookings High School
September 29 Saturday
Brookings Day – Football
Game (SDSU v. Missouri
State)
October 3-5 Wednesday-
Friday SDML Annual Conference Pierre, Ramkota
October 7 Sunday Diversity Potluck 5:00 p.m. –
7:00 p.m.
McCrory Gardens
Visitors Center
October 9 Tuesday Council Meeting 5:00 p.m. Chambers
October 16 Tuesday Council Study Session 5:00 p.m. Chambers
October 23 Tuesday Council Meeting 5:00 p.m. Chambers
October 27 Saturday Hobo Day
November 13 Tuesday Council Meeting 5:00 p.m. Chambers
November 27 –
December 1
Tuesday-
Saturday NLC – Congress of Cities Boston, MA
December 4 Tuesday Council Meeting 5:00 p.m. Chambers
December 6 Thursday Mayor’s Holiday Party 5:00 – 7:00
p.m.
McCrory Gardens Visitor
Center
December 18 Tuesday Council Meeting 5:00 p.m. Chambers
February 5-6 Tuesday-
Wednesday
Rib Dinner & Municipal
League Day at the Capitol Pierre, SD
City of Brookings
August 28, 2012
78
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Brookings City & County Government Center Change Orders.
D. Action to approve a volunteer appointment to the Sustainability Council.
E. Action on Resolution No. 104-12, a Resolution declaring items surplus for surplus
sale.
F. Action on Resolution No. 105-12, a Resolution authorizing the City Manager to sign
an Operating Agreement Renewal for Cubby’s Sports Bar and Grill.
G. Action on Resolution No. 106-12, a Resolution Authorizing Change Order No. 1
(CCO#1 Final) for 2012-16STI Chip Seal Project, Topkote, Inc. (deduct).
H. Action on Resolution No. 107-12, a Resolution amending the contract award for
Dakota Nature Park, Phase II Nature Center Building.
I. Action on Resolution No. 113-12, a Resolution declaring police vehicles as surplus
property.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
Motion to Approve, Request Public Comment, Roll Call
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts & Change Orders
8. Action on Resolution No. 108-12, a Resolution awarding contract on the 2012-14SSI
Storm Sewer Improvement Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings & Public Hearings
9. Public hearing and action on a Temporary Liquor License for DAV Poker Run at the
National Guard Armory on September 1st.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Public hearing and action on Temporary Wine & Beer Licenses for DBI for Taste of
Brookings on September 22nd to be held in the 400 block of Main Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on a Temporary Liquor License for Wedding Dance by
Lantern Lounge at National Guard Armory on September 22nd.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Temporary Wine & Beer Licenses for the Brookings
Humane Society for the “Dog Fest” at Pioneer Park on September 24th (October 1st rain
date).
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Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
13. Action on Resolution No. 109-12, a Resolution approving the City of Brookings Design-
Build Procurement Procedures.
Action: Motion to Approve, Request Public Comment, Roll Call
14. Action on authorizing transfer of “Gateway property” located at 6th Street and 22nd
Avenue to the City of Brookings.
a. Action on Resolution No. 110-12, a Resolution Authorizing the Acceptance of Title
to real property subject to a Conservation Easement in the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
b. Action on Resolution No. 111-12, a Resolution approving the assignment of a
Conservation Easement to the City of Brookings and authorizing the Execution of
Assignment and Assumption Agreement concerning Conservation Easement.
Action: Motion to Approve, Request Public Comment, Roll Call
15. Presentation by Brookings Health Systems on Quarterly Financial Report.
Action: Informational
16. Action on Resolution No. 112-12, a Resolution authorizing the construction and
equipping of certain improvements to the Hospital pursuant to a Lease Agreement;
Approving the execution of an Irrevocable Declaration of Trust by First Bank and
Trust, as Trustee; Providing for the execution, sale and delivery of not to exceed
$10,000,000 Aggregate original amount of Certificates of Participation in the Lease-
Purchase Agreement pursuant to a Certificate Purchase Agreement and the application
of the proceeds thereof to construct and equip improvements to the Hospital and
design and develop improvements to adjacent property; Approving and authorizing a
Ground Lease of the Hospital to First Bank and Trust, as Trustee; and Authorizing and
approving other actions and agreements necessary to consummate the contemplated
improvement and financing.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Adjourn.
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Brookings City & County Government Center
Change Orders.
D. Action to approve a volunteer appointment to the
Sustainability Council.
E. Action on Resolution No. 104-12, a Resolution declaring items
surplus for surplus sale.
F. Action on Resolution No. 105-12, a Resolution authorizing the
City Manager to sign an Operating Agreement Renewal for
Cubby’s Sports Bar and Grill.
G. Action on Resolution No. 106-12, a Resolution Authorizing
Change Order No. 1 (CCO#1 Final) for 2012-16STI Chip Seal
Project, Topkote, Inc. (deduct).
H. Action on Resolution No. 107-12, a Resolution amending the
contract award for Dakota Nature Park, Phase II Nature
Center Building.
I. Action on Resolution No. 113-12, a Resolution declaring police
vehicles as surplus property.
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted
upon by the Council at one time, without discussion, unless a member of the Council or City Manager
requests an opportunity to address any given item. Items removed from the Consent Agenda will be
discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
ACTION: Motion to Approve, Request Public Comment, Roll Call
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CONSENT AGENDA #4
B. Action to approve minutes.
The draft August 14th Brookings City Council minutes are enclosed for
Council review and approval.
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Brookings City Council
August 14, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, August 14, 2012 at 4:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Jael Thorpe (arrived at
4:22 p.m.), John Kubal, Mike McClemans, Tom Bezdichek (arrived at 4:25 p.m.), Ope Niemeyer
and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk
Shari Thornes were also present.
Proposed 2013 Budget. City Manager Jeff Weldon reviewed the proposed 2013 Budget.
The City Council decided against a special meeting on August 21st.
6:00 P.M. MEETING. Consent Agenda. Action to approve a Memorandum of
Understanding by and Between the City of Brookings and Bluegill, Inc. for the Development of
Water Main Infrastructure Project was removed from consent agenda. Resolution No. 113-12,
a resolution approving a deed restriction was added to the agenda. A motion was made by
Kubal, seconded by Bezdichek, to approve the consent agenda as amended.
a. Action to approve the agenda as amended
b. Action to approve July 24th Council meeting minutes.
d. Action to approve following Brookings City & County Government Center
Change Orders: COR 48-1 - Krier & Bain, credit for reducing water meter size ($250);
COR 48-2 - Krier & Bain, add 1.5” sprinkler stub-out $1,002; RFP 34 - American Electric,
add lights to County Finance (owner-req) $2,014; COR 65 - Mills Const., install additional
storm sewer pipe $2,892.
e. Action to approve the following Park & Recreation Board appointment: Brittany
Kleinsasser to fill unexpired term (term: 8/14/2012 – 5/1/2013).
f. Action to approve Resolution No. 99-12, a Resolution in Support of Land and
Water Conservation Fund Grant Application.
Resolution No. 99-12 - Resolution in Support
of Land and Water Conservation Fund Grant Application
Whereas, the United States of America and the State of South Dakota have authorized the
making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to
aid in financing the acquisition and/or construction of specific public outdoor recreation
projects;
Now, Therefore, Be It Resolved:
1. That Parks, Recreation and Forestry Director is hereby authorized to execute and file
an application on behalf of the City of Brookings with the National Park Service, U.S.
Department of the Interior, through the State of South Dakota, Department of Game, Fish
and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing Valley
View Park Playground Improvements for the City of Brookings, South Dakota and its
Environs.
2. That Parks, Recreation and Forestry Director, is hereby authorized and directed to
furnish such information as the above mentioned federal and/or state agencies may
reasonably request in connection with the application which is hereby authorized to be
filed.
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3. That the City of Brookings shall provide a minimum of 50% of the total cost of the
project; and will assume all responsibility in the operation and maintenance of the project
upon completion of construction, for the reasonable life expectancy of the facility.
4. That the City of Brookings dedicates Valley View Park for park and outdoor recreation
purposes in perpetuity.
g. Action on Resolution No. 95-12, a Resolution authorizing Change Order No. 2
for the Brookings Nature Park – Fisheries Improvements, Rounds Construction
Company, Inc.
Resolution No. 95-12 - A Resolution Authorizing Change Order No. 2 for Brookings
Nature Park – Fisheries Improvements; Rounds Construction Company Inc.
Be It Resolved by the City Council that the following change order be allowed for
Resolution No. 20-12 Brookings Nature Park – Fisheries Improvement: Construction
Change Order Number 2. Adjust bid quantity for a total increase of $1,400 to compensate
the Contractor for the additional use and excise taxes on Owner furnished materials (two
floating fishing piers).
On the motion, all present voted yes; motion carried.
Memorandum of Understanding. A motion was made by Corbett, seconded by
McClemans, to approve a Memorandum of Understanding by and between the City of
Brookings and Bluegill, Inc. for the Development of Watermain Infrastructure Project. All
present voted yes; motion carried.
Memorandum of Understanding by and between the City of Brookings and Bluegill, Inc. for the
development of Watermain Infrastructure Project
Preamble and Purpose Statement: This Memorandum of Understanding (MOU) is intended to
identify the terms, conditions and agreements between the City of Brookings (“City”) and
Bluegill, Inc. (referred to herein as “Developers”) to provide for the necessary infrastructure
improvements to extend the water service from its current point on 24th Street South, south
along the Quarter (¼) section line to the City of Brookings’ Dakota Nature Park property line.
The City has the authority to undertake such improvements and contracts related thereto
pursuant to SDCL 9-12-1(1) and 9-47-1.
The purposes of the installation of these infrastructure improvements are to promote and
encourage the private development of residential property which is currently vacant and to
provide water service to the Dakota Nature Park.
1) Site location: Attached is Exhibit A which identifies the site location of the proposed
improvements.
2) Proposed infrastructure improvements: The project improvements include a four (4”) inch
water service line and an eight (8”) water main stub. The four (4”) inch water service line will
be installed within an easement which has or will be duly dedicated to the City and the cost of
installation will be the responsibility of the City. The City will also install at its cost an eight
(8”) inch water main from the existing water main in 24th Street South to the property line of
the Developers. Upon completion of the installation, the Developer will be responsible to pay
any and all subsequent costs associated with the connection to, use of, and future maintenance
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of this line. The parties agree to work cooperatively to a mutually-agreed upon final plan and
design and easement document.
3) Engineering, design, and construction of the improvements: The City will be responsible for
the engineering, design, staking, construction, and inspection of the proposed improvements
described in Section 2 above. The City will contract with Banner Associates, Inc. for the design
and construction administration of these water main improvements. Banner Associates, Inc.
will work exclusively for the City.
4) Payment of infrastructure improvements: The City agrees to pay the costs of engineering
and construction of all of the improvements described in Section 3 above.
Resolution No. 96-12. A motion was made by Niemeyer, seconded by Bezdichek, to
approve Resolution No. 96-12, a Resolution awarding contract for Dakota Nature Park, Phase
II Nature Center Building. All present voted yes; motion carried.
Resolution No. 96-12 - Resolution Awarding Bid for the
Dakota Nature Park, Phase II Nature Center Building
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, July 18, 2012; and
Whereas, the City of Brookings has received the following bid(s) for Dakota Nature Park,
Phase II Nature Center Building:
Base Bid: (Company/Base Bid) Clark Drew Construction $1,229,500.00; WS Construction
Mgmt. $1,343,845.00; Tellinghuisen Construction $1,350,000.00; Swifts Contractor
$1,374,000.00; Gil Haugan Construction $1,515,600.00, Sunkota Construction $1,537,000.00;
Waltz Construction $1,570,000.00 (A/E Estimate $1,028,006.00)
Deducts: (Company / Alt. #1 Fireplace, Alt. #2 Wall Panels, Alt. #3 Shingles, Alt. #4 Trellis)
Clark Drew Construction, Alt #1 - $12,500.00, Alt #2 - $14,800.00, Alt #3 - $35,600.00, Alt #4
- $16,000.00; WS Construction Mgt. (add), Alt #1 - $12,677.32, Alt #2 - $12,636.12, Alt #3 -
$25,299.00, Alt #4 - $10,000.00; Tellinghuisen Construction, Alt #1 - $10,000.00, Alt #2 -
$1,000.00, Alt #3 - $32,000.00, Alt #4 - $30,000.00; Swifts Contractor, Alt #1 - $10,200.00, Alt
#2 - $15,400.00, Alt #3 - $28,900.00, Alt #4 - $33,200.00; Gil Haugan Construction, Alt #1 -
$12,500.00, Alt #2 - $14,200.00, Alt #3 - $38,300.00, Alt #4 - $9,800.00; Sunkota Construction,
Alt #1 - $10,000.00, Alt #2 - $2,000.00, Alt #3 - $30,000.00, Alt #4 - $18,000.00; Waltz
Construction, Alt #1 - $13,750.00, Alt #2 - $13,000.00, Alt #3 - $36,000.00, Alt #4 -
$24,500.00 (A/E Estimate Alt #1 - $11,169.00, Alt #2 - $11,400.00, Alt #3 - $5,193.00, Alt #4 -
$5,000.00).
Now Therefore, Be it Resolved that the bid from Clark Drew Construction of Brookings in the
amount of $1,229,500.00 be accepted with deducts on alternates #2, #3 and #4 (total deducts
$66,400) for a total of $1,163,100.00.
Ordinance No. 20-12. A public hearing was held on Ordinance No. 20-12, an Ordinance
rezoning Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s
Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second
Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon
Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a
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Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of
1st Street & 13th Avenue to 17th Avenue.). Public comment: Bill Purrington spoke in favor of the
rezoning. A motion was made by Corbett, seconded by Bezdichek, to approve Ordinance No.
20-12. All present voted yes; motion carried.
Ordinance No. 21-12. A public hearing was held on Ordinance No. 21-12, an Ordinance
revising the Zoning Ordinance pertaining to the definition of automobile sales. No public
comment. A motion was made by Bezdichek, seconded by Kubal, to approve Ordinance No.
21-12. All present voted yes; motion carried.
Ordinance No. 22-12. A public hearing was held on Ordinance No. 22-12, an Ordinance
revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings,
South Dakota. No public comment. Motion was made by Bezdichek, seconded by Niemeyer,
to approve Ordinance No. 22-12. All present voted yes; motion carried.
On-Off Malt License: Blizzard, LLC. A public hearing was held on an On-Off Sale Malt
License for The Blizzard, LLC, Chris Canavati and Mitri Canavati, owners, 924 32nd Ave.,
Brookings, South Dakota, legal description: Blocks 6 and 7, Wiese Addition (Larson Ice Arena).
A motion was made by McClemans, seconded by Kubal, to approve. All present voted yes;
motion carried.
On-Off Malt License: Sake, Inc. A public hearing was held on an On-Off Sale Malt License
for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal
description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including
the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’
of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South
528.3’ and the East 19.5 ‘ of the West 333’). A motion was made by McClemans, seconded by
Niemeyer, to approve. All present voted yes; motion carried.
Resolution No. 101-12. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 101-12, a Resolution authorizing the City Manager to enter into an Operating
Agreement for On-Off Sale Wine for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings
Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the
East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the
West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’
including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). All present
voted yes; motion carried.
Resolution No. 101-12 - Sake, Inc.; Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement for wine between the City
of Brookings and Sake, Inc., for the purpose of a liquor manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 724 22nd Ave.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on
behalf of the City, which shall be for a period of five (5) years and renewal for another five (5)
years.
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August 28, 2012
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Resolution No. 102-12. A motion was made by Corbett, seconded by McClemans, to
approve Resolution No. 102-12, a Resolution authorizing the City Manager to enter into an
Operating Agreement for On-Off Sale Wine License for The Pheasant Café & Lounge, Ron and
Georgiana Olson, owners, 726 Main Ave. So., Brookings, South Dakota (legal description: Lot
2, Block 2, Grossman Heights Addition). All present voted yes; motion carried.
Resolution No. 102-12 - The Pheasant Restaurant & Lounge; Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement for wine between the City
of Brookings and The Pheasant Restaurant & Lounge, for the purpose of a liquor manager to
operate the on-sale establishment or business for and on behalf of the City of Brookings at 726
Main Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on
behalf of the City, which shall be for a period of five (5) years and renewal for another five (5)
years.
Memorandum of Understanding. A motion was made by Kubal, seconded by Niemeyer,
to approve a Memorandum of Understanding between the City of Brookings and the Brookings
Convention and Visitors Bureau for certain services. All present voted yes; motion carried.
A MEMORANDUM OF UNDERSTANDING between the City of Brookings
and the Brookings Convention and Visitors Bureau for certain services
This Agreement is entered into by and between the City of Brookings, a municipal corporation,
hereinafter referred to as “City, and the Brookings Convention and Visitors Bureau, a
component unit of the Brookings Area Chamber of Commerce, a non-profit corporation,
hereinafter referred to as the “CVB”.
RECITALS
WHEREAS, the City is authorized by the laws of South Dakota to expend public funds to
promote the general resources of the City for the purpose of improving its economic well-
being through tourism development, visitor attraction, and has historically funded such
programs, and
WHEREAS, the City desires to continue its program to continually promote Brookings to
prospective visitors, students, and their parents, and the workforce personnel that area
employers are interested in recruiting, and prospective business and industry, and
WHEREAS, the City also desires to support programs organized to maximize the tourism and
visitor attraction potential of various public and private visitor facilities, and
WHEREAS, the City also desires to promote and support SDSU athletic, cultural, educational,
and recreational programs including programs developed by SDSU students, and
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WHEREAS, the City also desires to increase visitor traffic and tourism to all community
attractions and special events while developing new tourism opportunities,
NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOREGOING RECITALS AND
AGREE TO THE FOLLOWING:
1) Professional services of the CVB: Upon acceptance of this Agreement, the City contracts
with the CVB to develop and implement programs, initiatives, strategies and plans for the
promotion, marketing, and enhancement of the local tourism trade and visitor attraction to
the area. Such programs shall include leveraging current resources and developing future
and potential resources of special events, facilities and amenities, conferences, conventions,
meetings, youth and adult recreational and athletic events including tournaments, trade
shows, professional gatherings, civic, cultural, and educational events. The CVB shall work
collaboratively with other programs, entities, and organizations toward the goal of attracting
visitors from beyond the City to increase tax revenue and private sector commerce, and
may provide financial incentives as it deemed necessary to such parties. The programs
should increase visitor spending in the local economy and be measured through economic
impact analysis and other metrics. The CVB shall be responsible for the community
branding promotion and marketing funding.
2) City appointees to CVB: As the Operating Resolution providing for the establishment of
the CVB contains eleven (11) members, the City shall have an appointment of one (1)
member.
3) Reporting procedures: The CVB shall develop and provide to the City (a) a strategic plan
annually to the City Council and City Manager, and shall annually provide a work plan of
proposed activities for the coming year to the City Manager, (b) an annual report describing
the previous year’s activities relative to the strategic plan and annual work plan, (c) an
annual operating budget in a format deemed necessary by the City, and (d) annual
appropriation requests. Periodic reports may be made by the CVB to the City Council as
mutually agreed upon. Such reports shall be submitted from the CVB to the City Manager.
The CVB shall maintain adequate records of the services performed and expenses incurred
in carrying out its programs. The City shall have the right to examine such records at all
reasonable times.
4) Communication between parties: The City Manager, or his designee, shall serve as the
liaison between the City and the CVB.
5) Funding by the City: The City shall provided funding to the CVB through an annual
budgetary appropriation in an amount necessary for the CVB to effectively implement the
activities and duties described in (1) in an amount that shall be the sole determination of the
City Council. Such determination shall be in conjunction with the annual budget
development process of the City. Multi-year funding commitments shall not be made by the
City.
6) Payments made by the City: The City agrees to pay one-twelfth of the annual appropriation
each month for the services of the CVB. It is expressly understood the City is obligated to
pay the CVB only, and that the City shall not be obligated to pay anyone else for any
expenses incurred by the CVB in carrying out the terms of this agreement. The City
retains the right to unilaterally adjust its financial commitment as necessary due to
unforeseen budget constraints.
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7) Information provided by the City: The City agrees that it will make available to the CVB
through the various City offices such public information and public services as may be
available and pertinent to the CVB’s demographic research programs, event, promotion,
marketing, and research efforts.
8) Dedicated fund for Swiftel functions: The CVB shall designate a “Swiftel Fund” in the
amount of $45,000 annually which shall be used as a risk-fund for certain Swiftel Center
events that meet the same criteria as other promotional awards of the CVB.
9) Independent Contractor status: The CVB is deemed by the parties hereto to be an
independent contractor, and any and all officers and employees of the CVB, while engaged
in the performance of any work or services required by this agreement, shall be considered
officers and employees of the CVB only and not of the City. Any and all claims that may
arise under South Dakota’s workers compensation laws on behalf of said officers and
employees while so engaged in any work or services under this agreement, shall be the sole
responsibility of the CVB. The CVB shall acquire, maintain, and provide the City evidence
of workers compensation and public liability insurance during the full term of this
agreement, including its renewals, if any.
10) Term: This agreement shall be for an initial term commencing on the date this Agreement
is executed by both parties and ending on December 31, 2014, and shall be automatically
renewed from year to year thereafter, unless terminated as hereinafter provided.
11) Amendments: Representatives of both parties agree to meet at least annually to review this
agreement and consider amendments. The City shall be represented by the City Manager
and the CVB shall be represented by the Executive Director in such review. No
amendments shall be effective until identical language constituting such amendment is
approved by the governing boards of each party.
12) Termination: Either party shall be entitled to terminate this agreement with 60 days notice
served to the other party.
13) Previous agreements superseded, entire agreement, and repealer: This agreement shall
constitute the entire agreement between the parties. Consequently, the following
promulgations are hereby repealed and deemed null and void.
Resolution No. 12-07: ESTABLISHING THE VISITOR PROMOTION COMMITTEE
Agreement dated 5-11-2010: BROOKINGS & CHAMBER/CVB AGREEMENT
14) Scope of Authority: It is expressly understood the CVB and its officers, employees, or
agents are not, except as described herein, authorized and shall not represent themselves as
being authorized to enter into any contract on behalf of or otherwise obligate the City to
any person, corporation, partnership, or association for the expenditure of public funds.
Resolution No. 100-12. A motion was made by Bezdichek, seconded by McClemans, to
approve Resolution No. 100-12, a Resolution dissolving the Visitor Promotions Committee. All
present voted yes; motion carried.
Resolution No. 100-12 - A Resolution Repealing Resolution No. 12-07 Establishing the
Visitor Promotions Committee
Whereas, the City Council adopted Resolution creating the Visitor Promotion Committee for
purposes of incentivizing events, programs, and activities designed to increase visitor traffic to
the community, and
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Whereas, the Chamber of Commerce has completed a strategic reorganization and
restructuring of the Convention and Visitors Bureau thus combining and integrating the services
and programs of the Visitor Promotion Committee.
Now, Therefore Be It Resolved by the City Council of the City of Brookings that Resolution
No. 12-07 is hereby repealed.
Legal Services Agreement. A motion was made by Bezdichek, seconded by Kubal, to
approve a Legal Services Agreement between the City of Brookings and Steven J. Britzman,
Attorney at Law for a three-year contract (01/01/13-12/31/15). All present voted yes; motion
carried.
LEGAL SERVICES AGREEMENT
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the
City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a three (3)
year period, commencing January 1, 2013 and ending December 31, 2015, and the City of
Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning
the provision of legal services by Steven J. Britzman as City Attorney as follows:
1. Performance of Legal Services. Steven J. Britzman will perform all legal services as provided
in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A
copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will
perform all legal services which shall include representing the City in Magistrate Court in the
enforcement of City Ordinances.
2. Insurance Coverage. Steven J. Britzman will maintain Attorneys Professional Liability coverage
in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars
($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible
to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest. The parties to this Agreement understand that actual or perceived
conflicts of interest are defined in great detail in the Rules of Professional Responsibility which
govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City
Council and City Manager any conflict or the appearance of a potential conflict, and resolve the
issue to the satisfaction of the City of Brookings and the client.
4. Compensation for Legal Services. Steven J. Britzman agrees to provide all of the legal
services provided in the Scope of Services, for a monthly sum from January 1, 2013 through
December 31, 2013 of Six Thousand Three Hundred Thirty-four and 40/100 ($6,334.40) Dollars,
payable on the last day of the month.
For the year beginning January 1, 2014 through December 31, 2014, Steven J. Britzman shall be
paid a monthly sum of Six Thousand Five Hundred Eighty-seven and 77/100 ($6,587.77) Dollars,
payable on the last day of the month.
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For the year beginning January 1, 2015 through December 31, 2015, Steven J. Britzman shall be
paid a monthly sum of Six Thousand Eight Hundred Fifty-one and 29/100 ($6,851.29) Dollars,
payable on the last day of the month.
The hourly rate for other legal services, including those set forth in Item 15 of the Scope of
Services is $150.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred
in providing legal services to the City.
5. Expense Reimbursements, Meetings and Conferences. In addition to the compensation for
legal services during each year of this Agreement, the City will provide Three Thousand Dollars
($3,000.00) per year for membership in the International Municipal Attorneys Association
(IMLA) (currently $600.00 per year) and for Conference registration, travel and lodging for the
Annual Meeting of the International Municipal Lawyers Association which includes
approximately sixteen hours of continuing legal education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel
outside the City of Brookings to other meetings or to perform legal services, provided such
travel is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services. Steven J. Britzman shall first obtain approval
of the City to perform any legal services excluded from the Scope of Services, however Steven J.
Britzman and the City agree that it is appropriate for the City Attorney to be responsive to
residents of the city, the media, other municipal attorneys, the municipal league and other public
officials where communication or an appropriate measure of assistance is in the best interest of
the City.
SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for the
Brookings City Council, unless the absence is due to vacation or illness or the subject
matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions and
research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and
Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by the City
in circumstances where the City is not represented by legal counsel assigned by its
insurance company. Legal representation in litigation must be authorized in each instance
by the City Council and compensation will be in addition to the monthly compensation as
provided in Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal level.
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August 28, 2012
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7. Provide legal representation for the City before administrative bodies upon special request
by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal
proceedings; serve as a liaison between outside legal counsel and City Officials on
specialized legal issues.
10. Prepare a monthly written report of legal services performed which includes a description
of the service and the time required to perform the service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review labor
contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and attend
continuing legal education to ensure the most efficient, cost-effective, and accurate
operation of the City Attorney’s Office.
14. Review proposed state legislation affecting the City and prepare or supervise the
preparation of state legislation relating to municipal and city government matters as
directed by the City Council. Consult with City Council, the City Manager and department
heads in regard to such legislation and testify before legislative boards as requested.
15. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will be
compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will
be as negotiated and agreed upon by the parties.
Resolution No. 103-12. A motion was made by Bezdichek, seconded by Corbett, to approve
Resolution No. 103-12, a Resolution approving a deed restriction. All present voted yes;
motion carried.
Resolution No. 103-12 - Resolution Approving Deed Restriction
Whereas, the City of Brookings has designated a Warranty Deed Easement for approximately
0.70 acres of wetland to be constructed on Block 2, Wiese Addition, Section 19, Township 110
North, Range 49 West,
Whereas, the Deed Restriction will perpetually protect the described wetland and includes
numerous provisions required by Federal law; and
Whereas, the form of the Warranty Deed is subject to approval by the Department of the
Army (US Corps of Engineers), who may suggest minor modifications to the form following
approval by the City; and
Whereas, the work to create the wetland has been authorized by the Department of the Army
Nationwide Permit Number NWO-2011-0165-PIE;
Now, Therefore, Be It Resolved that the City of Brookings City Manager is authorized to sign a
Deed Restriction in substantially the form as presented to the City Council of the City of
Brookings.
City of Brookings
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92
Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:50 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
93
CONSENT AGENDA #4
C. Action on Brookings City & County Government Center Change
Orders
The Joint Powers Board approved one change order to the building project
which was to add specialized hardware to one of the two exterior main
doors at each the north and west entrances. With each double set of
doors, only one door was designed to interconnect with the security
system leaving the other door to be manually locked. This change will add
the second door at each entrance to the electronic security system.
At the time of the JPB meeting, as noted in the minutes, the estimated cost
from the door supplier, Midwest Glass, was $2,700. Since then, Bossardt
has worked with Midwest to reduce the cost to $1,350. Mills Construction
is also part of this change so they are affected with a change order as well.
RFP 35 Midwest Glass $1,350
Mills Construction $1,348
TOTAL $2,698
City of Brookings
August 28, 2012
94
BROOKINGS CITY/COUNTY
JOINT POWERS BOARD MEETING
Thursday, August 9, 2012
The Joint Powers Board met on Thursday, August 9, 2012 with the following members present:
John Kubal, Alan Gregg and Dennis Falken. Project Manager Tom Ginter with Bossardt
Corporation and Architect Brent Koch with Cannon, Moss, Brygger were in attendance via
telephone. Tim Reed was absent.
REGULAR BUSINESS
Chairperson John Kubal called the meeting to order and a quorum was established.
Motion by Gregg, seconded by Falken to approve the minutes from the July 19, 2012
Joint Powers Board Meeting. All members voted “aye.” Motion carried.
Architect Brent Koch said they had talked to City Manager Jeff Weldon about adjusting
their contract.
Project Manager Tom Ginter reviewed one pending change order for installation of new
hardware for the entrance doors. Commission Assistant Stephanie Ellwein said they need to
make sure this new hardware will work with the current security software so the doors can be
controlled by the electronic system for opening and closing doors throughout the building.
Weldon said that the handicapped doors at both the north and west entrances were not
designed to work with the door security software. Kubal asked how this was missed. Ellwein
said the doors weren’t bid with both doors having the necessary hardware installed and it
wasn’t caught before the project was bid. Weldon said this is a value-added item and not
something that they’re paying for twice. Ellwein said the security system will automatically lock
and unlock doors, but these two doors have to be done manually until they are changed.
Motion by Falken, seconded by Gregg to approve change order RFP #035 to the
contracts with Midwest Glass for $2,700 and Mills Construction, Inc. for $1,348 for a total of
$4,048 to provide and install new hardware for entrance doors 101A and 113A. All members
voted “aye.” Motion carried.
Ginter updated the board on the construction budget. He said the remaining
contingency is $383,243 and they are very close to wrapping it up. Ginter said they still have
some close-out issues to review. He said that once the close-out documents are complete,
which includes all of the warranty information, they will send them to the county and city.
Ginter said in early May of next year they will do an 11-month walk-through to look for
warranty-related issues before the 1-year warranties are up. Ellwein asked if they knew about
the leaking roof in the County Zoning Office on 2nd floor. Weldon asked that he and Ellwein
have a chance to go through the list of punch-list items so they are comfortable that everything
is being addressed.
Falken asked about the final pay-outs to contractors and if some money was still being
withheld. Ginter said there are some contract payments still on-going and they continue to
hold on to the 5% retention until all final punch-list items are complete and they have the close-
out documents and everyone is in agreement to pay them in full. Ginter noted that they are
not carrying and projected expenses for construction support and on-site supervision. Weldon
City of Brookings
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95
said they finished the contract with the architects. He said there was an additional $3,603 on
the contract based on the aggregate change orders throughout the whole project.
Weldon reviewed the financial report. He noted that they are getting down to the end.
Weldon also reviewed the status of the contingency budget and supplemental purchases.
He said they have charged $224,007.70 against the project’s contingency outside of the
construction contracts. Weldon said the actual remaining contingency is $159,246.30. Ellwein
noted that they still have $90,000 in grant revenue coming in for the building security. Weldon
said they are still looking at purchasing a table and chairs for the anteroom and lobby furniture
for outside the chambers as well as first floor. Ellwein said they also need to purchase
equipment to add the county on for broadcasting meetings. Weldon said they will also be
purchasing electronic message boards for posting public notices and meetings.
The board discussed getting an emergency back-up generator for the building. Kubal
asked about the decision to not have one installed. Weldon said the city council discussed it
and didn’t want to do it. He said they did pay to have some adjustments done so they could
have an external generator installed at some point. Kubal asked if they’re talking about a large
piece of equipment that would sit on a concrete pad outside the building. Weldon said it is too
late to have one installed internally and the cost estimate for a generator is $225,000 to
$250,000. Falken said the county commission talked about this at their last meeting and the
fact that they had some power outage issues. He noted that those power outages had nothing
to do with the construction of the building specifically. Weldon said there have been two
different outages. Gregg said for this facility and what is housed in it, he thinks it’s a no-brainer
to try to find a location for a generator, get a price estimate and see how things are wired in
the building to accommodate a generator. He said they can get the facts and figures and put it
out for bids, run the decision through the Joint Powers Board and then take that decision to
the council and commission. Gregg said he believes the county is willing to pay for their share
and he thinks it is necessary for this type of building.
Mayor Tim Reed arrived at the meeting.
Gregg said they should get a bid and a plan, bring it to the Joint Powers Board and if
there is a viable option they can take that to both boards. Kubal said the Joint Powers Board
could weigh the pros and cons. He said the only con is the cost. Weldon said they have alarms
set up for power outages, so they are notified. He said the only real inconvenience is resetting
some of the technology. Weldon said that outages just don’t happen very often. Ellwein said
that Maintenance Supervisor John Molengraaf got called in at 2:00 a.m. when the power went
off and because the sump pumps quit working there was a lot of clean-up and this was only a
one-hour outage. However, Ellwein noted that they could get battery back-ups for the sump
pumps only. Reed said that option should be investigated.
Motion by Gregg to get estimates for a location and cost of a generator to fully run the
administrative building, seconded by Falken. Reed asked if, as a friendly amendment, the motion
could include looking at alternate options for the sump pumps. Gregg and Falken agreed to add
that as a friendly amendment.
Reed said they need to also figure out what caused the outages because it is unusual for
the power to be down for that length of time. He said that a lot of the industry in Brookings
doesn’t have generators, so it could be a bigger issue. Reed also asked if the administrative
City of Brookings
August 28, 2012
96
building would be an emergency site if power goes down in the whole town. Kubal thought the
way the motion was presented, all of these issues would be looked at.
Falken said they need to look at the facility as either an emergency operations center or
a facility that can still simply function in the case of a power outage and base their decisions on
what they want the building to be able to do. Weldon said if they lose power, the building is
still safe and secure, but if they’re talking about a long-term outage, nothing will be working and
he’s not sure if they should worry about not being able to do business because of a long-term
power outage.
Kubal said his concern would be actual damage to the building. Weldon said the battery
back-up for the sump pumps is something to consider. Ellwein said the security of the building
is tied into a back-up already. Reed also noted there could be a cost-savings on utilities with a
generator and it could also help decrease peak loads which could help with the costs for the
whole community.
Gregg said the generator deserves a second look so they can see all the options. He
said the water in the basement concerns him and he feels that should have been addressed
when the building was being built.
Commissioner Deanna Santema asked if they knew what caused the first power outage
and if there was something in the building that was done incorrectly. Weldon said he gave the
time and date to BMU, but they had no knowledge of it. Falken said he assumes it wasn’t a
building issue if the power went down and came right back on. Weldon said it could have been
something as simple as a squirrel causing issues. Falken said that they need to know that if the
power goes out for 30 seconds everything critical in the building will automatically reset and
nothing will have to be done manually.
All members voted “aye.” Motion carried.
The board discussed a draft policy for conference room use. Weldon said he modeled
the policy off of the library’s policy, but he wasn’t sure of the scope and direction the Joint
Powers Board would like to take, so it is very preliminary. Ellwein said her concern with the
building still being new is that if rooms are booked 60 days out they may not have a room for a
city or county need if an emergency arises. Weldon said they could make the policy apply to
just the Community Room and the Employee Break Room and make the chambers unavailable.
Reed said he liked the idea of taking the chambers out, or only be used by special exemption.
He said the ability of being able to be on TV may be appealing to some groups though. Falken
said they aren’t the ones scheduling or using the rooms, so they need direction.
Weldon said they need to know what to tell the public when they ask. Kubal said he
agreed that the chambers should be taken out of the mix. Reed said the use of the chambers
needs to be approved by the City Manager and Commission Assistant.
City Attorney Steve Britzman said they need to be careful because of recent court
challenges about discriminating against certain groups have been raised throughout the nation.
Weldon asked about charging for the use of the conference rooms. Ellwein also
questioned who they would require to be in the building if an outside group is holding a
meeting at night or on a weekend. Santema said if they charge for using the rooms, some
groups may not want to pay to use it. She said they need to decide who can use the rooms
too, but if they are free, they will get used.
Falken said he has concerns with after-hours use because they don’t have anyone
supervising or controlling the building. He said if a staff person isn’t present, then the rooms
City of Brookings
August 28, 2012
97
should not be used after hours. Weldon asked about staff being present but not in their official
capacity as a city or county employee. Falken said that a staff member only in their official
capacity on a city or county board should be able to schedule after-hours meetings.
Reed said he thinks they should keep it somewhat prohibitive and keep it to professional
boards where an employee is serving in their official capacity with the city or county.
Weldon asked about the use of technology. Ellwein said the Innovation Campus has
similar equipment and allows people to pay for the use of that service. Reed said they need to
be careful when other businesses offer the same thing. Weldon said it could also mean taking
the IT people away from their regular work. Britzman suggested that there be a fee if the use
of the technology is required.
Deputy State’s Attorney Mark Kratochvil asked if there is a check-list for closing down
the building after a night meeting. Ellwein said her office just created a check-list. Weldon said
Police Chief Jeff Miller also raised that question. Kratochvil said he would need to know what
to do if he’s in the building and the one responsible for the building’s security.
Weldon said he would revise the policy and bring it back for additional discussion at the
next meeting.
The next meeting was scheduled for September 13, 2012 at 8:00 a.m.
ADJOURNMENT
Motion by Gregg, seconded by Reed to adjourn. All members vote “aye.” Motion
carried.
It is the policy of Brookings County, South Dakota, not to discriminate against the
handicapped in employment or the Provision of Service. The County of Brookings is
responsive to requests for communication aids and the need to provide appropriate access, and
will provide alternative formats and accessible locations consistent with the Americans with
Disabilities Act.
Stacy Steffensen
Deputy Finance Officer
Brookings County Finance Office
City of Brookings
August 28, 2012
98
CONSENT AGENDA #4
D. Action to approve a volunteer appointment to the Sustainability
Council.
Mayor Reed is recommending the appointment of Paul Peterson to the
Sustainability Council. City Council action is required on all volunteer
appointments.
Sustainability Council
Number of positions: 1
Positions currently held by: vacant
Term Length: 3 years (unexpired term through 1/1/2013)
Residency Requirement: required for majority
Purpose: The purpose of the Sustainability Council is to investigate,
propose, educate, communicate, and advocate investment strategies and
policies that will improve our future quality of life while still meeting the
needs of the present.
City of Brookings
August 28, 2012
99
CONSENT AGENDA #4
E. Action on Resolution No. 104-12, a Resolution declaring items
surplus for surplus sale.
The combined City (General, Enterprise Funds, Utilities, and Hospital),
County, School District, and East Central Multi-District Surplus Sale is
scheduled for Thursday, September 27, 2012. Council action is required to
declare items surplus for the sale. The following is a list of items from the
City General & Enterprise Fund Departments.
Resolution No. 104-12
Appraising and Authorizing Sale of Surplus Property
Whereas, the City of Brookings has surplus items as listed in a Notice of Sale that are no
longer necessary or useful for City purposes, and it is the desire of the City to dispose of same
as surplus property;
Now, Therefore Be It Resolved, that all the attached listed property declared surplus by the
City Council.
Further Be It Resolved by the City Council that the property be offered for sale at public
auction on September 27, 2012.
Passed and approved this 28th day of August, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
100
2012 CITY GENERAL & ENTERPRISE
CITY CLERK. fax machine (works), Canon DR-5080C Scanner
CITY ENGINEERING / COMMUNITY DEVELOPMENT. wire file rack, 3 misc. plastic file racks, desk
accessory (holds tape, pens etc.), small clip board (clip on side), 2 Rolodex, HP scanner and cord
(hp3500c), Plantronics headset system, Polaroid camera and film, 35mm camera film (box of 5),
Toshiba computer cord, hands-free earphones
CITY FINANCE DEPT./CITY IT DEPT. Overhead projector, Jetbook Laptop S/N 0450JZ1EY10258A,
Fujitsu Laptop S/N FPC030052, Compaq Armada Laptop S/N 1J16FTBZW024, Lexmark Printer
X1270, Compaq Desktop S/N 6018DKZB346, Compaq Desktop S/N 6110DYSZG152, HP Desktop
S/N XMX750039P, HP Desktop S/N 2UA70106RD, HP Desktop S/N 2UB54206LD, AOC Monitor
S/N 17159HA012019, HP Desktop S/N USV3400DH0, HP Desktop S/N 2UA5020Q5N, HP
Desktop S/N 2UA50401DM, HP Desktop S/N 2UB5410L2X, HP Laptop S/N CNU508GNMN, HP
Desktop S/N 2UB54206L4, HP Desktop S/N USV3490330, HP Desktop S/N USU4390GWP, HP
Desktop S/N 2UB5500929, Overhead Projector
CITY FIRE DEPT. paper shredder (does not work), monitor stand with drawers, 27” Toshiba Older
tube television, 2 Plantronics Wireless Headsets, Compaq Armada Laptop (Serial #
AE5P3450T4X12DM6458), 2002 EZLD Watercraft Trailer Model #2EZWV110
VIN#1ZEABLDA42A020524, Hoover vacuum cleaner, GE cool mist humidifier
CITY PUBLIC LIBRARY Polaroid camera, 2 digital cameras, 2 calculators, Kodak Carousel Projector in
carrying case, Vantage page enlarger, Sony CD player, Sharp video projector, receipt printer, Dust
Buster, 2 switches, misc. steel shelving components, metal desk, train table, radio, misc. power and
computer cords, small traffic cones, push cart, NEC flat screen monitor, PC keyboard, 3 scanners
CITY PARKS, RECREATION & FORESTRY EDGEBROOK GOLF COURSE: 1981 Cushman Truckster
Model 898507-8110 Engine runs good, rear differential needs overhaul, hydraulic dump box, PTO;
Sears Craftsman 10” Table Saw Model 113.298032; 4” Diaphram Trash Pump, 100 g.p.m., Model
405-08712AB, 30 ft. 4inch suction hose; 40 ft. 4inch discharge hose; Homemade Trailer, 1 ½ ton
Union Chain Hoist mounted on overhead frame; Homemade heavy-duty press; Echo Weed Eater
for parts only Model #SRM-2410; 1984 Dodge ½ ton Truck; Used golf course sprinkler heads
(approx.50) and quick coupler valves (approx.90) and misc. fittings
CITY POLICE DEPT. 2 - 24/7 comfort seating chairs, misc. bikes
CITY STREET DEPT. White 1989 Ford F150 Pickup, Serial #1FTEF15Y2KPA27929
CITY SWIFTEL CENTER 2 weed eaters (don’t run), 2 5-gallon plastic diesel cans, 5-gallon plastic gas
can, 2 boxes of hangers, 22 paper towel dispensers, 30 soap dispensers, plastic chair, wood stool, 3
flat panel computer monitors, 2 console computer monitors, 12 colored flags, printer, 2 speakers, 2
telephones, misc. pipe and drape hardware, Skid Steer bucket, steel beams, retractable bleachers
and parts, wood sign, red gates, metal shelving, pickup topper, riding lawn mower, PVC pipe, pallet
jack
City of Brookings
August 28, 2012
103
CONSENT AGENDA #4
F. Action on Resolution No. 105-12, a Resolution authorizing the
City Manager to sign an Operating Agreement Renewal for
Cubby’s Sports Bar and Grill.
The City of Brookings enters into Liquor Operating Agreements for a 10-
year period. The Operating Agreement for Cubby’s Sports Bar and Grill,
located at 207 Main Ave., is at the 10-year renewal point. Resolution No.
105-12, would allow the City Manager to enter into a 10-year agreement,
with a renewal held at mid-term: five years.
Resolution No. 105-12
Cubby’s Sports Bar & Grill – Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Renewal Agreement for the Operating Liquor Management Agreement between the City
of Brookings and Gus Theodosopoulos, Cubby’s Sports Bar & Grill, for the purpose of a liquor
manager to operate the On-Sale Establishment or business for and on behalf of the City of
Brookings at 207 Main Ave., also known as Cubby’s Sports Bar & Grill.
Be It Further Resolved that the City Manager be authorized to execute the Agreement on
behalf of the City, which shall be for a period of 10 years.
Passed and approved this 28th day of August, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
104
LIQUOR OPERATING AGREEMENT
Cubby’s Sports Bar & Grill
THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and
Gus Theodosopoulos, owner, Cubby’s Sports Bar & Grill, hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the
sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the
Manager for the purpose of operating an on-sale establishment or business for and on behalf of
the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1.
This Agreement is made and entered into on a limited basis between the parties hereto to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all
of the terms and conditions of this Agreement in accordance with all State laws and City
Ordinances now in effect and as may be enacted in the future.
2.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the establishment.
3.
The on-sale establishment shall be located upon real estate in the City of Brookings, South
Dakota, described as:
Lots 3-4, Block 3, Original Plat Addition, City of Brookings, Brookings County, South
Dakota
4.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale
establishment.
5.
This Agreement shall be in full force and effect for a period of five (5) years, with the Manager
having the option and privilege of a five (5) year extension, subject to the approval of the
governing body of the City of Brookings.
City of Brookings
August 28, 2012
105
Upon execution of this Operating Agreement, the parties hereto agree the previous
Temporary Liquor Operating Agreement between the same parties is terminated.
6.
Either the Manager or the City may terminate this Agreement without cause upon ninety (90)
days written notice served by either party upon the other. The City reserves the right to
immediately suspend or revoke this Agreement without ninety (90) days written notice for
alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.
7.
The Manager shall receive as full compensation for its services rendered, the net profit from the
on-sale establishment under its management, and the sole profit to be derived by the City shall
be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the
Manager for the purposes of resale on the premises as above described.
8.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager
for resale on the above-described premises, the actual cost of distilled spirits and wine supplied
by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City
for all malt beverages sold by the City to the Manager for resale on the above-described
premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The
actual cost shall include cost price and transportation charges. The markup percentages
provided in this Agreement are subject to change by the City of Brookings. In the event
markup percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Manager further
agrees that if either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
9.
A complete and detailed record shall be maintained by the City of all alcoholic beverages
supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by
pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual
cost of such item, and such invoice shall bear the signature of the authorized representative of
the on-sale Manager or its authorized representative. One copy thereof shall be retained by
the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment,
and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records
and made available for reference and audit purposes. The Manager also agrees to maintain a
complete record of all alcoholic beverages received from the City.
10.
The Manager agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One
Thousand Five Hundred, and no/100 Dollars ($1,500.00), which is due on or by the 1st day of
November of each year during the term of this Agreement. The payment of the Annual
City of Brookings
August 28, 2012
106
Renewal License Fee will not extend the term of this Operating Agreement beyond the term
provided herein.
11.
The Manager agrees to keep the premises in a neat, clean and attractive appearance, and
Manager further agrees to operate said on-sale establishment only on such days and at such
hours as permitted by state law and city ordinances.
12.
The Manager shall have the right to return, at any time, alcoholic beverages received from the
City and to receive in return any deposit made for such alcoholic beverages; in the event of
termination of the business, all unused alcoholic beverages, which may be resold without
discount may be returned to the City and the Manager shall be reimbursed for the of such
alcoholic beverages.
13.
The Manager agrees to abide by the credit policies of the City and acknowledges, by execution
of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the
right to change or terminate its credit policies at any time, but shall be required to provide
written notice to Manager prior to the effective date of the change or termination date of the
credit policies.
14.
The Manager agrees to furnish the City upon demand, evidence of payment of the following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against claims
for injury or damages to persons or property, said policy to have general liability
limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One
Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
($50,000.00) for damage to property. The general liability insurance limits are
subject to change and Manager agrees to change limits of insurance if required by
the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
15.
The Manager agrees to observe all Federal and State laws and ordinances of the City of
Brookings.
16.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms
and conditions of this Operating Agreement and the terms and conditions of the on-sale
license.
City of Brookings
August 28, 2012
107
17.
The City has the right to make inspections and investigations of the premises during the hours
of operation, and make audits and examinations of the records of the Manager relating to the
on-sale establishment.
18.
It is further specifically understood and agreed that the waiver of the rights of the City under
this Agreement shall not constitute a continuous waiver, and any violation or breach of the
terms of this Agreement by the Manager shall constitute a separate and distinct offense and
grounds for immediate termination and revocation of this Agreement.
19.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective
August 28, 2012.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, City Clerk
MANAGER
By:
Business Owner
By:
Business Owner
City of Brookings
August 28, 2012
108
CONSENT AGENDA #4
G. Action on Resolution No. 106-12, a Resolution Authorizing
Change Order No. 1 (CCO#1 Final) for 2012-16STI Chip Seal
Project, Topkote, Inc. (deduct).
This project is the chip seal project for the 2012 Project Area, which is located south of
20th Street South and east of 22nd Avenue. This project also included a chip seal for
Western Avenue north of 6th Street and Orchard Drive between Medary Avenue and
22nd Avenue. This is an annual project, where the contractor places applies oil and city-
purchased pea rock chips to the streets. The City then sweeps up the excess chips a
few days afterward.
This project was completed by the completion date and is ready to be closed out. The
final project cost was $167,001.80, which was a decrease of $25,028.20 to the contract.
This was due to adjusting the final quantities, and deleting Yorkshire Drive due to the
adjacent construction project and a portion of 32nd Avenue South which will receive an
asphalt overlay in 2013. A summary is as follows:
Original Contract Price: $192,030.00
Change from Previously Approved Change Orders: $ 0.00
Contract Price Prior to this Change Order: $192,030.00
Decrease of this Change Order (No. 1 Final): $ 25,028.20
Contract Price incorporating this Change Order: $167,001.80
This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of
$25,028.20 to the contract amount and to close out the project.
Resolution No. 106-12
A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2012-06STI Chip Seal Project; Topkote, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2012-06STI
Chip Seal Project:
- Construction Change Order Number 1 Final
- Adjust bid quantities to final as-built quantities for a decrease of $25,028.20 to close
out the project.
Passed and approved this 28th day of August, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
109
CONSENT AGENDA #4
H. Action on Resolution No. 107-12, a Resolution amending the
contract award for Dakota Nature Park, Phase II Nature Center
Building.
The Dakota Nature Park is located on 22nd Ave. South on the site of the
previous city landfill. This phase of project entails the construction of a new
nature center building in the southwest corner of the site.
During the August 14, 2012 Council Meeting, the Council accepted the low
bid from Clark Drew Construction with deducts on alternates #2, #3 and
#4. Subsequently, a private donor has asked the City to retain alternate #3
(wood shingles, instead of asphalt) in the bid award and has committed
$30,000.00 towards the $35,600.00 price for alternate #3.
The Brookings Parks, Recreation and Forestry Department recommends
altering the bid award to Clark Drew Construction of Brookings, SD for
the low bid of $1,229,500.00 with deducts on alternates #2 and #4 (total
deducts $30,800.00) for a total contract of $1,198,700.00. Clark Drew
remains the low bidder with added alternate.
Resolution No. 107-12
Resolution Amending Action on the Bid Award for the Dakota Nature Park,
Phase II Nature Center Building, Resolution No. 96-12
Whereas, the City of Brookings awarded the bid for the Nature Center Building to Clark Drew
Construction on August 14, 2012 for the base bid of $1,229,500.00 with deducts on alternates
#2, #3, and #4 for a total of $1,163,100.00; and
Whereas, the City of Brookings has received a commitment for a $30,000.00 donation from a
private donor in order to fund alternate #3 (wood shingles, instead of asphalt shingles);
Now Therefore, Be it Resolved that the bid award to Clark Drew Construction of Brookings,
SD in the amount of $1,229,500.00 be altered to accept deducts on alternates #2, and #4 only
(total deducts $30,800.00) for a total contract of $1,198,700.00.
Passed and approved this 28th day of August, 2012.
CITY OF BROOKINGS
ATTEST: ________________________________
Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
111
CONSENT AGENDA #4
I. Action on Resolution No. 113-12, a Resolution declaring police
vehicles as surplus property.
Resolution No. 113-12 would declare as surplus three police vehicles; two
Ford Crown Victorias (marked patrol cars), one unmarked Dodge Intrepid.
These vehicles have reached their 100,000 mileage requirement for
replacement and have been replaced with the purchase of three new
vehicles.
Resolution No. 113-12
Resolution for the Surplus of Police Vehicles
Whereas, the city of Brookings is the owner of the following described equipment formerly
used at the City of Brookings Police Department
One (1) 2010 Ford Crown Victoria Police Vehicle VIN 2FABP7BV3AX110975
One (1) 2010 Ford Crown Victoria Police Vehicle VIN 2FABP7BV7AX103091
One (1) 2005 Dodge Intrepid Police Vehicle VIN 2B3HD46V54H582973
Whereas in the best financial interest, it is the desire of the City of Brookings to sell same as
surplus property;
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore Be it Resolved by the governing body of the City of Brookings, South Dakota,
that this property be declared surplus property according to SDCL Chapter 6-13
Passed and approved this 28th day of August, 2012.
City of Brookings
__________________________
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
112
5. Items removed from Consent Agenda.
Matters appearing on the Consent Agenda are expected to be non-
controversial and will be acted upon by the Council at one time, without
discussion, unless a member of the Council or City Manager requests an
opportunity to address any given item.
Items removed from the Consent Agenda will be discussed at the beginning
of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along
with the terms and conditions described in the agenda supporting
documentation.
City of Brookings
August 28, 2012
113
OPEN FORUM
6. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
7. SDSU Student Senate Report.
President – Jameson Berreth
Vice-President – Wyatt DeJong
Administrative Assistant – Mike McNalley
Finance Chair – Ben Ruggeberg
State & Local Chair – Jameson Goetz
SDSU Senate Website: http://www.sdstatesa.com/#!
City of Brookings
August 28, 2012
114
Contracts & Change Orders
8. Action on Resolution No. 108-12, a Resolution awarding contract
on the 2012-14SSI Storm Sewer Improvement Project.
This is a small storm sewer project to install pipe and inlets in residential neighborhoods
for localized storm water flows. The project will include installing new 24” RCP storm
sewer on Copper Mountain Circle with one new inlet to direct storm sewer flows into
the City’s detention pond in Timberline Addition, and new 12” PVC storm sewer with
two new inlets on 15th Street South between Moriarty Drive and Doral Drive.
The City opened bids on Tuesday, August 21, 2012 at 1:30 pm at the Brookings City &
County Government Center and the following bids were received:
VJ Ahlers Excavating, Inc., Brookings, SD $51,128.67
Austreim Excavating, Brookings, SD $57,563.05
The low bid was approximately 3% lower than the Engineers Estimate of $52,782.00.
This resolution will award the project to the low bid of VJ Ahlers Excavating, Inc., for
the contract amount of $51,128.67.
Resolution No. 108–12
Resolution Awarding Bids on Project 2012-14SSI
Storm Sewer Improvement Project
Whereas, the City of Brookings opened bids for Project 2012-14SSI Storm Sewer Improvement
Project on Tuesday, August 21, 2012 at 1:30 pm at the Brookings City & County Government
Center; and
Whereas, the City of Brookings has received the following bids for Project
2012-14SSI Storm Sewer Improvement Project: VJ Ahlers Excavating, Inc., Brookings:
$51,128.67 and Austreim Excavating, Brookings: $57,563.05.
Now Therefore, Be It Resolved that the low bid of $51,128.67 for VJ Ahlers Excavating, Inc.,
Brookings, SD be accepted.
Passed and approved this 28th of August, 2012.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
115
Second Readings & Public Hearings
9. Public hearing and action on a Temporary On-Sale Liquor License
for DAV Poker Run at the National Guard Armory on September
1st.
City Council action is required to approve a Temporary On-Sale Liquor
License for George Dokken Post 2118 for a DAV Poker Run to be held at
300 5th Street South (National Guard Armory) on September 1, 2012. All
required documents have been submitted. Staff recommends approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings,
South Dakota, on Tuesday, August 28, 2012, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider a
Temporary Liquor License for the DAV Poker Run at 300 5th Street South (National Guard
Armory) on September 1, 2012. NOTICE IS FURTHER GIVEN that any person, persons of the
attorney, may appear and be heard at said scheduled public hearing who are interested in the
approval or rejection of any such application. Dated at Brookings, South Dakota, this 17th day
of August, 2012.
Shari Thornes, City Clerk
Published time(s) at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
August 28, 2012
116
Second Readings & Public Hearings
10. Public hearing and action on Temporary On-Sale Wine & On-Sale
Beer Licenses for DBI for Taste of Brookings on September 22nd
to be held in the 400 block of Main Avenue.
City Council action is required to approve Temporary On-Sale Wine and
On-Sale Beer Licenses for Downtown Brookings, Inc. for the Taste of
Brookings event to be held in the 400 block of Main Avenue on September
22, 2012. All required documents have been submitted. Staff recommends
approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings,
South Dakota, on Tuesday, August 28, 2012, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider a
Temporary Malt & Wine License for The Taste of Brookings at 414 Main Avenue on September
22, 2012. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear
and be heard at said scheduled public hearing who are interested in the approval or rejection of
any such application. Dated at Brookings, South Dakota, this 17th day of August, 2012.
Shari Thornes, City Clerk
Published time(s) at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
August 28, 2012
117
Second Readings & Public Hearings
11. Public hearing and action on a Temporary On-Sale Liquor License
for Wedding Dance by Lantern Lounge at National Guard
Armory on September 22nd.
City Council action is required to approve a Temporary On-Sale Liquor
License for the Lantern Lounge for a wedding dance to be held at 300 5th
Street South (National Guard Armory) on September 22, 2012. All
required documents have been submitted. Staff recommends approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings,
South Dakota, on Tuesday, August 28, 2012, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider a
Temporary Liquor License for the Lantern Lounge at the National Guard Armory for a wedding
dance on September 22, 2012.
NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be
heard at said scheduled public hearing who are interested in the approval or rejection of any
such application. Dated at Brookings, South Dakota, this 17th day of August, 2012.
Shari Thornes, City Clerk
Published time(s) at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
August 28, 2012
118
Second Readings & Public Hearings
12. Public hearing and action on Temporary On-Sale Wine & On-Sale
Beer Licenses for the Brookings Humane Society for the “Dog
Fest” at Pioneer Park on September 24th (October 1st rain date).
City Council action is required to approve Temporary On-Sale Wine and
On-Sale Beer Licenses for the Brookings Humane Society for the 2012 Dog
Fest to be held at Pioneer Park on September 29, 2012 (October 1, 2012
rain date). All required documents have been submitted. Staff
recommends approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council, in and for the City of Brookings,
South Dakota, on Tuesday, August 28, 2012, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider a
Temporary Malt & Wine License for the Brookings Humane Society for an event at Pioneer
Park on September 29, 2012 (Rain Date October 6, 2012).
NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be
heard at said scheduled public hearing who are interested in the approval or rejection of any
such application. Dated at Brookings, South Dakota, this 17th day of August, 2012.
Shari Thornes, City Clerk
Published time(s) at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
August 28, 2012
119
Other Business
13. Action on Resolution No. 109-12, a Resolution approving the City
of Brookings Design-Build Procurement Procedures.
State law authorizes municipalities to utilize a design-build procedure for
certain types of specialized equipment, buildings, and structures where the
traditional method of contracting with architects or engineers and then
bidding the construction may not be practical. Under the design-build
method, the design and construction process are wrapped together with
one vendor providing all services and the project is bid as such. This
method is particularly applicable for specialized structures and equipment
that may be atypical. What’s more, this method works well for projects
that may be supplied by vendors, but can be modified or adapted to meet
the specific needs of the customer, and thus, need some elements of design.
Before a municipality can utilize this method, it must first adopt procedures
for its use. State law is very specific in identifying components of such
procedures. The attached resolution promulgates such procedures.
The reason the City of Brookings would like to have these procedures in
place is that we have a project in the CIP well-suited for this method of
procurement and would like to utilize it. It is the fall protection cable
system above the grid in the ceiling of the Swiftel Center Arena. This is
needed to avoid the current practice of riggers shimming and tying off on
the beams when positioning stage and lighting equipment. It is estimated at
$75,000 and was pushed back from the 2011 budget. We believe this is a
basic safety and liability issue which needs to be addressed.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
120
Resolution No. 109-12
A Resolution Establishing Procedures for
City of Brookings Design-Build Procurement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Purpose
In order to comply with State law requirements for design-build procurements, the City of
Brookings adopts these procedures and will select design-build firms to provide combined
design and construction services for authorized projects in accordance with the following
procedures:
Definitions
For purposes of these procedures, the following definitions apply:
1. “City” means the City of Brookings.
2. “Department” is defined as any department of the City of Brookings, including the Swiftel
Center.
3. “Firm” is defined as any individual, firm, partnership, corporation, association, joint venture,
or other legal entity permitted by law to practice engineering, architecture or construction
contracting in the State of South Dakota.
4. “Project” is defined as that project described in the public announcement.
Minimum Qualification Requirements for Firms Providing Design-Build Services
Design-builders shall be registered with the Department of Revenue prior to contract award.
Where required by State law, the design-builder shall be able to provide design or construction
services by licensed or registered individuals.
Public Announcement Procedures
Except in emergency situations, the Department will publish an announcement in accordance
with SDCL §5-18B-1. The announcement will set forth a general description of the project
requiring design-build services and will define the time frame and procedures for interested
qualified firms to apply for consideration. The public announcement will further state whether
design-builders will be pre-qualified for the project.
Technical Review Committee
There will be a Technical Review Committee (Committee) comprised of the following:
1. The City Engineer, or their designee;
2. Representatives of the Department of the City involved in the design-build procurement
project.
The Committee will have the responsibility to determine the most qualified offerors as
provided in “Qualification of Design-Builders”, as well as the responsibility to rate any rating
Proposals received, as provided in “Competitive Selection of Design-Build Services”.
City of Brookings
August 28, 2012
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Criteria Package and Request for Proposals
(1) The City will prepare a criteria package. The criteria developer may be either a private
practitioner (selected in accordance with the City’s procedures for selecting design firms) or
the criteria developer may be a staff member of the City. The criteria developer is prohibited
from being part of the bidding entity. The criteria package may include the following:
• Scope of work;
• Site survey (if necessary);
• Material quality standards;
• Conceptual design criteria;
• Design and construction schedules;
• Site development requirements;
• Stipulation of responsibilities for permits;
• Stipulation of responsibility for meeting any environmental regulations;
• Soil borings and geo-technical information (if necessary);
• Traffic control stipulations;
• Performance specifications; and
• Statement of required compliance with codes and general technical specifications.
(2) The purpose of the criteria package is to furnish sufficient information for firms to prepare
qualitative proposals and price proposals. The firm submitting the successful proposal shall
develop a detailed project design based on the criteria in the criteria package. Moreover, the
firm shall construct the improvement in accordance with the criteria package.
(3) The Request for Proposals ("RFP") shall consist of the Criteria Package, Instructions to
Bidders, Bid proposal forms, provisions for contracts, general and special conditions, and basis
for evaluation of proposals.
Qualification of Design-Builders
(1) The City will qualify design-builders on a project-by-project basis.
(2) The City will advertise in accordance with SDCL § 5-18B-1 for a Request for Qualifications
(“RFQ”). The RFQ shall contain the following:
• a general description of the project;
• a description of the areas of qualification required for performance of the work, such as
experience, management resources, and financial capability;
• the basis upon which the most qualified offerors will be determined; and
• any other requirements the City deems necessary.
Firms desiring to submit proposals on the design-build project shall submit a Statement of
Qualifications setting forth the qualifications of the entities involved in the firm and providing
any other information required by the RFQ.
(3) The Committee shall determine the relative ability of each Design-Build bidding entity to
perform the services required for each project. The Committee shall base its determination
upon the following:
• Experience with comparable projects;
City of Brookings
August 28, 2012
122
• Financial capacity;
• Managerial resources;
• The abilities of the professional personnel;
• Past performance;
• Capacity to meet time and budget requirements;
• Knowledge of local or regional conditions;
• Recent and current project workload;
• The ability of the design and construction teams to complete the work in a timely and
satisfactory manner; and
• Any Pre-qualification forms submitted by the entity.
(4) The Committee shall select at least three and no more than five firms deemed to be most
highly qualified to perform the required services, after considering the factors in (3) above. The
Committee will report its selection of most highly qualified firms to the City Manager. The
minimum number of pre-qualified design-builders is not required for any improvement project
that is complex in nature, requires close coordination of design and reconstruction, or new
construction (SDCL §5-18B-29).
(5) The City Manager or their designee shall issue RFP’s to the most highly qualified firms
selected by the Committee.
Competitive Selection of Design-Build Services
(1) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price Proposal.
Only firms receiving an RFP may submit proposals. Proposals shall be segmented into two
packages;
Qualitative Proposal. A qualitative proposal shall include preliminary design
drawings, outline specifications, technical reports, calculations, permit
requirements, management plan, schedule, and other data requested in response
to the RFP. Qualitative proposals shall be submitted in a sealed package, which
identifies the project and the design-builder on the outside of the package. Each
firm shall place the words “QUALITATIVE PROPOSAL” on the outside of the
package. Nothing contained in the qualitative package, except the project
management plan set forth below shall identify the design-builder. The project
management plan shall be submitted in a separate envelope within the qualitative
proposal package.
Price Proposal. Price proposals shall include one lump sum cost for all design
and construction of the proposed project. Each firm shall submit its price
proposal in a separate sealed package. Each firm shall place the words “PRICE
PROPOSAL” on the outside of the package. Each firm shall also place its name,
the project description, and any other information required by the RFP on the
outside of the package. The City shall retain unopened the Price Proposals until
the time provided in “Best Value Selection” set forth below.
(2) Each qualitative proposal shall be assigned a number by the staff member responsible for the
project. The proposal, with the exception of the Project Management Plan, shall be submitted
City of Brookings
August 28, 2012
123
to each member of the Committee with only the assigned number to identify the design-builder
(it is intended that the Committee members not know the identity of the design-builder during
the review and scoring of the technical and scheduling aspects of the packages). The Project
Management Plan shall be submitted to the Committee members for review and scoring only
after they have turned in their scores for the other portions of the qualitative proposal. The
Committee members shall review the design concepts, preliminary designs and technical data
submitted by each firm. Prior to issuing their ratings, the Committee members may consult
with each other and with any Consultant hired by the City to assist with the design-build
procurement process. The Committee members shall then independently rate each firm’s
proposal based upon criteria established by the Committee for the project. The criteria may
include the following format example, but shall be adjusted for the particular characteristics of
the project prior to the advertisement of the RFP:
EXAMPLE
1. Technical Criteria Maximum Score: 65
2. Project-specific Management Plan Maximum Score: 20
A. Management Plan and Organization
B. Resumes of Key Professional and Managerial Personnel
C. Quality Assurance Plan
D. Safety Plan
E. Minority and Disadvantaged Business Participation Plan
3. Project Schedule Maximum Score: 15
A. Construction Schedule and Ability to Meet Schedule
B. Architecture and Engineering Design Schedule and Ability to Meet
Schedule
C. Length of Construction and Design Schedule
Total Maximum Score: 100
(3) The Committee may adjust and refine all of the above criteria and the points assigned to
each based on the project type and the City’s experience. The Committee may reduce the
weight of management criteria or omit it entirely if it is sufficiently determinative in selection of
the most qualified offerors under “Qualification of Design-Builders”. The Committee may omit
the Firm’s Scheduling (current project workload) as criteria when a firm project deadline is a
fixed requirement in the RFP.
(4) The Committee members shall, without conferring with one another, submit their criteria
scores for each design-builder to the City Manager. The City Manager or their designee will
average the scores of the Committee members for each design-builder to arrive at a single
score for each design-builder.
Best Value Selection and Award for Design-Build Services
(1) The City Manager or their designee will set a date for publicly opening the price proposals,
and shall notify all firms submitting price proposals at least seven calendar days prior to the
City of Brookings
August 28, 2012
124
opening date. The notification shall include the date, time, and place of the opening of price
proposals and date for award of the project.
(2) The City Manager or their designee will publicly open the sealed price proposals and divide
each firm’s proposed price by the qualitative score after converting the qualitative score to a
percentage (i.e. 90 x .01 = 90%) given by the Committee to obtain an "adjusted price". The firm
selected will be that firm whose adjusted price is lowest. An example of the "best value"
selection formula follows:
Firm Qualitative
Score
Proposed
Price
Adjusted Price
A 90 $6.9 $7.67
B 79 $6.3 $7.97
C 84 $6.8 $8.09
(Award to Firm A at $6.9)
(3) Instead of requiring Qualitative Proposals and Price Proposals, the City may establish a fixed
dollar budget for the design-build project in the RFP. With a fixed price established for all
proposers, each firm would submit only Qualitative Proposals. The City would award the
project to the firm receiving the highest qualitative score.
(4) The City reserves the right to reject all proposals. The City will either reject all proposals
or approve an award to the firm with the lowest adjusted price. The City Manager or their
designee will notify all proposers in writing of the City’s intent to enter into a contract with
that firm.
(5) The City shall enter into a contract with the firm selected as provided above.
Negotiated Changes and Preservation of Confidential Information
The procedures for negotiations between the City of Brookings and those submitting proposals
prior to the acceptance of a proposal are as follows:
At the time of the award, the City may negotiate minor changes for the purpose of
clarifying the design criteria and work to be done, provided that the negotiated changes do
not affect the ranking of the proposals based on their adjusted score.
The procedures shall also contain safeguards to preser ve confidential information and
proprietary information supplied by those submitting proposals consistent with §5-18B-34,
which are as follows:
Until a proposal is accepted, the drawings, specifications, and other information in the
proposal remain the property of the person making the proposal. The City will make
reasonable efforts to maintain the secrecy and confidentiality of any proposal and all
information contained in any proposal and the City will not disclose any proposal or the
information contained in a proposal to the design-builder’s competitors. The City will not
disclose, except as may be permitted pursuant to Chapter 1-27, confidential and proprietary
City of Brookings
August 28, 2012
125
information contained in any proposal to the public until such time as the City takes final
action to accept a proposal.
Emergency Procedures
The procedures for awarding design-build contracts in the event of public emergencies as
defined in § 5-18A-9 are as follows:
The City may make an emergency procurement without advertising the procurement if
there exists a threat to public health, welfare, or safety or for other urgent and compelling
reasons. An emergency procurement will be made with such competition as is practicable
under the circumstances. A written determination of the basis for the emergency and for
the selection of the particular contractor will be included in the contract file.
Formal Protests to Solicitation or Award
The procedures for acting on formal protests relating to the solicitation or award of design-
build contracts are as follows:
Any person aggrieved or interested may appeal to the City Manager at any time within
twenty days after a decision to enter into a contract by providing notice of a formal
objection by First Class Mail to the City of Brookings, directed to the City Manager. The
notice shall state the decision being appealed and shall ask for a hearing. Upon receiving the
notice, the City Manager shall call a meeting to include the City Manager, City Engineer,
City Attorney and the Department member involved in the design-build project. This
Appeal Board shall consider the appeal, make a decision and give notice to the party filing
the notice of objection. The decision shall be submitted to the City Council for approval
and if approved, will be carried out accordingly.
Passed and approved on the 28th day of August, 2012.
CITY OF BROOKINGS:
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
126
Other Business
14. Action on authorizing transfer of “Gateway property” located at
6th Street and 22nd Avenue to the City of Brookings.
a. Action on Resolution No. 110-12, a Resolution Authorizing
the Acceptance of Title to real property subject to a
Conservation Easement in the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
b. Action on Resolution No. 110-12, a Resolution Authorizing
the Acceptance of Title to real property subject to a
Conservation Easement in the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
Background
The Gateway Project is a multi-year enhancement project targeting key entrance points
into the City of Brookings as well as standardizing signage within the parks system. The
first phase of the project was bid in August 2011 and included the monument signs
located at key entrance points into the community and the parks. The monument signs
have been installed with the exception of two, one being coordinated in Pioneer Park in
conjunction with reconstruction of 6th Street in 2013, and the other concerning the
corner of 6th Street and 22nd Avenue, hereinafter referred to as the Gateway Property.
The second phase of the project includes pedestrian improvements, lighting, and
enhanced landscaping throughout the Gateway Property. When this phase of the
project is complete, the Gateway Property will compliment the green space across the
street in McCrory Gardens. The result will be a nice, aesthetically pleasing green space
welcoming residents and visitors to the City of Brookings.
Gateway Property
The Gateway Property is currently owned by First Bank & Trust. The bank is offering
to transfer the property to the City of Brookings at no cost. As a condition of the land
transfer, the bank is entering into a Conservation Easement with Northern Prairies Land
Trust to administer the Conservation Easement in perpetuity. The Conservation
Easement generally speaks to the types of uses and improvements that can be made on
the property. In summary, the proposed Gateway Property improvements are
consistent with the conditions of the Conservation Easement as a passive public park.
The Conservation Easement is between First Bank & Trust and Northern Prairies Land
Trust, however, an Assignment and Assumption Agreement was created whereby First
Bank & Trust assigns all of its rights, obligations and responsibilities pursuant to the
Conservation Easement to the City of Brookings. Execution of the Assignment and
Assumption Agreement deems the City to assume all rights, responsibilities and
obligations of First Bank & Trust as Grantor of the Conservation Easement.
There are two action items associated with this land transfer.
City of Brookings
August 28, 2012
127
A) Resolution authorizing the acceptance of title to real property subject to a
conservation easement in the City of Brookings; and
B) Resolution approving the assignment of a conservation easement to the City of
Brookings and authorizing the execution of assignment and assumption
agreement concerning conservation easement.
Included in the packet are the following support documents:
• Warranty Deed
• Assignment and Assumption Agreement
• Conservation Easement
• Exhibit A to Conservation Easement
• Exhibit B to Conservation Easement
Staff has worked extensively with representatives from First Bank & Trust and Northern
Prairies Land Trust to reach consensus on the language of the Conservation Easement.
Approval of the resolutions will authorize the Mayor, City Clerk, and City Manager to
execute the documents associated with acceptance of the land as a gift to the City and
acceptance of the assignment and assumption agreement associated with the
Conservation Easement. Upon approval and execution, contractors will begin
construction of the “Welcome to Brookings” monument sign at the corner of 6th Street
and 22nd Avenue as well as let for bid the second phase of the Gateway Property
Improvements associated with pedestrian pathways, lighting, and landscaping
improvements.
Staff recommends approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
128
Resolution No.110-12
Resolution Authorizing the Acceptance of Title to real property subject to a
Conservation Easement in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, First Bank & Trust, the owner of real property at the corner of 6th Street and 22nd
Avenue in Brookings (directly across 6th Street from McCrory Gardens, hereinafter referred to
as the “Easement Property”), proposes to convey to the City of Brookings, at no cost to the
City, the Easement Property; and
Whereas, First Bank & Trust has executed a perpetual Conservation Easement to preserve and
protect the conservation values of the Easement property so the property will continue to be a
natural, aesthetically pleasing area at the entrance to the City of Brookings, all as more
particularly described in a Conservation Easement between First Bank & Trust of Brookings,
South Dakota and Northern Prairies Land Trust, a nonprofit corporation of Sioux Falls, South
Dakota; and
Whereas, the City of Brookings is willing to accept title to the Easement Property and agrees
to assume the rights, responsibilities and obligations of First Bank & Trust under and pursuant
to the Conservation Easement;
Now, Therefore, Be It Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City agrees to accept title to the above-described real property, subject
to a Conservation Easement; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
documents required to complete this transaction in accordance with this
Resolution.
Passed and approved on the 28th day of August, 2012.
CITY OF BROOKINGS:
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
129
This instrument was prepared by:
Robert L. Thomas
Davenport, Evans, Hurwitz & Smith, L.L.P.
206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030
605-336-2880
WARRANTY DEED
FIRST BANK & TRUST, a South Dakota banking corporation, grantor, of 520 6th Street,
Brookings County, Brookings, South Dakota 57006, for and in consideration of One Dollar and
other good and valuable consideration, GRANTS, CONVEYS AND WARRANTS to the CITY
OF BROOKINGS, grantee, of 520 3rd Street, Brookings County, South Dakota 57006, the
following described real estate in the County of Brookings in the State of South Dakota:
Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen
(15), Block One (1) of the Bane & Poole Addition to the City of
Brookings, Brookings County, South Dakota.
Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6) and Seven (7),
Block Six (6) of the Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
Lot Eight (8), and that portion of the vacated State Street abutting and
accruing thereto and EXCEPT that portion of Lot H-2 included therein,
of Block Six (6) in Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
Block Eight (8), and that portion of the vacated State Street abutting and
accruing thereto, in Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
Together with any and all appurtenances benefiting such property, and subject to any
and all encumbrances, easements, appurtenances and mortgages of record, including, but not
limited to, that Conservation Easement between First Bank & Trust and Northern Prairies Land
Trust dated the ____ day of August, 2012 and recorded in the office of the Register of Deeds
of Brookings County, South Dakota, on the day of August, 2012, at ____ o'clock __m.in
Book ____ of Miscellaneous on Pages _____.
Transfer Fee: Exempt (SDCL 43-4-22(18)).
Dated this ____ day of August, 2012.
FIRST BANK & TRUST
City of Brookings
August 28, 2012
130
By:
Its:
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF MINNEHAHA)
On this, the _____ day of August, 2012, before me, the undersigned officer, personally
appeared _______________________, who acknowledged himself/herself to be the
______________ of First Bank& Trust, a South Dakota banking corporation, and that he/she,
as such officer, being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing the name of the banking corporation by himself/herself as
______________.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_______________________________
Notary Public, South Dakota
My commission expires: _________
City of Brookings
August 28, 2012
131
Resolution No. 111-12
Resolution approving the assignment of a Conservation Easement to the City of
Brookings and authorizing the execution of Assignment and Assumption
Agreement concerning Conservation Easement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, First Bank & Trust, the owner of real property at the corner of 6th Street and 22nd Avenue
in Brookings (directly across 6th Street from McCrory Gardens, hereinafter referred to as the
“Easement Property”), has executed a perpetual Conservation Easement to preserve and protect
the conservation values of the Easement property so the property will continue to be a natural,
aesthetically pleasing area at the entrance to the City of Brookings, all as more particularly described
in a Conservation Easement between First Bank & Trust of Brookings, South Dakota and Northern
Prairies Land Trust, a nonprofit corporation of Sioux Falls, South Dakota; and
Whereas, Northern Prairies Land Trust will have the responsibility of monitoring and enforcing the
terms of the Conservation Easement and upholding its Conservation Values forever, all as more
particularly described in the Conservation Easement which is on file and available for public
inspection at the Clerk’s office in the Brookings City County Government Center, and
Whereas, the City of Brookings is willing to assume the rights, responsibilities and obligations of
First Bank & Trust under and pursuant to the Conservation Easement, and will also receive title to
the real property from First Bank & Trust in conjunction with the Assumption and Assignment of
the Conservation Easement;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota,
as follows:
A. That the City of Brookings approves the Assignment and Assumption Agreement
between First Bank & Trust and the City of Brookings, and pertaining to the
Conservation Easement; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the Assignment
and Assumption Agreement and other related documents required to complete this
transaction in accordance with this Resolution.
Passed and approved on the 28th day of August, 2012.
City of Brookings
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
132
This instrument was prepared by:
Robert L. Thomas
Davenport, Evans, Hurwitz & Smith, L.L.P.
206 West 14th Street
P.O. Box 1030
Sioux Falls, SD 57101-1030
605-336-2880
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is made
this ____ day of August, 2012, by and between FIRST BANK & TRUST, a South Dakota
banking corporation, of Brookings, South Dakota (“Grantor”) and THE CITY OF
BROOKINGS, SOUTH DAKOTA, a South Dakota municipal corporation (“Grantee”).
W I T N E S S E T H:
WHEREAS, Grantor is the owner in fee simple of that certain real property situated in the
City of Brookings, County of Brookings, South Dakota, more particularly described as
follows:
Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen
(15), Block One (1) of the Bane & Poole Addition to the City of
Brookings, Brookings County, South Dakota.
Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6) and Seven (7),
Block Six (6) of the Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
Lot Eight (8), and that portion of the vacated State Street abutting and
accruing thereto and EXCEPT that portion of Lot H-2 included therein,
of Block Six (6) in Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
Block Eight (8), and that portion of the vacated State Street abutting and
accruing thereto, in Bane & Poole Addition to the City of Brookings,
Brookings County, South Dakota.
(herein referred to as the “Property”); and
WHEREAS, Grantor transferred the Property to Grantee by Warranty Deed dated the
____ day of August, 2012, which Warranty Deed is subject to a Conservation Easement
between Grantor and Northern Prairies Land Trust (the “Conservation Easement”), a copy of
which is attached hereto, which Conservation Easement sets forth certain rights,
responsibilities and obligations of Grantor; and
City of Brookings
August 28, 2012
133
WHEREAS, Grantee is willing to assume the rights, responsibilities and obligations of
Grantor under the Conservation Easement; and
NOW, THEREFORE, in consideration of the promises and foregoing recitations and in
further consideration of the mutual covenants, terms, conditions and restrictions hereinafter
set forth, the parties agree as follows:
1. Assignment of Conservation Agreement. Grantor hereby assigns to Grantee all
of its rights, obligations and responsibilities pursuant to the Conservation Easement.
2. Assumption of Conservation Easement. Grantee hereby assumes all rights,
responsibilities and obligations of Grantor under the Conservation Easement.
IN WITNESS WHEREOF, the parties have set their hands the day and year first above
written.
Address: FIRST BANK & TRUST
First Bank & Trust
520 6th Street By:
Brookings, South Dakota 57006 Its:
Grantor
Address: CITY OF BROOKINGS,
SOUTH DAKOTA
City of Brookings
520 3rd Street By:
Brookings, South Dakota 57006 Its:
Grantee
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF BROOKINGS)
On this, the _____ day of August, 2012, before me, the undersigned officer, personally
appeared ___________________, who acknowledged himself to be the _____________
of First Bank & Trust, a South Dakota banking corporation, and that he, as such officer,
being authorized so to do, executed the foregoing instrument for the purposes therein
contained by signing the name of the state banking association by himself as
______________.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public, South Dakota
My Commission expires:
City of Brookings
August 28, 2012
134
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF BROOKINGS)
On this, the _____ day of August, 2012, before me, the undersigned officer, personally
appeared ___________________, who acknowledged himself to be the _____________
of the City of Brookings, South Dakota, a South Dakota municipality, and that he, as such
officer, being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing the name of the state banking association by himself as
______________.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public, South Dakota
My Commission expires:
City of Brookings
August 28, 2012
135
This instrument was prepared by:
Steven W. Sanford
Northern Prairies Land Trust
200 E. 10th Street, Suite 200
P.O. Box 2498
Sioux Falls, SD 57101-2498
605-336-0828
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is granted this ____ day of August, 2012 by and between
FIRST BANK & TRUST, a South Dakota banking corporation, of Brookings, South Dakota
(herein referred to as “Grantor”), and NORTHERN PRAIRIES LAND TRUST, a South Dakota
nonprofit corporation, of Sioux Falls, South Dakota (herein referred to as “Grantee”).
W I T N E S S E T H:
WHEREAS, First National Bank in Brookings, a national banking association, Brookings, South
Dakota, converted to a state banking corporation known as First Bank & Trust, Grantor,
effective December 1, 2004; and
WHEREAS, Grantor, as a result of such conversion, became the owner by operation of law of
all property held by First National Bank in Brookings as of the effective date of the conversion,
including the real property described herein; and
WHEREAS, Grantor is the owner in fee simple of that certain real property situated in the City
of Brookings, County of Brookings, South Dakota, more particularly described as follows:
Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15),
Block One (1) of the Bane & Poole Addition to the City of Brookings, Brookings
County, South Dakota.
Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6) and Seven (7), Block
Six (6) of the Bane & Poole Addition to the City of Brookings, Brookings
County, South Dakota.
Lot Eight (8), and that portion of the vacated State Street abutting and accruing
thereto and EXCEPT that portion of Lot H-2 included therein, of Block Six (6) in
Bane & Poole Addition to the City of Brookings, Brookings County, South
Dakota.
Block Eight (8), and that portion of the vacated State Street abutting and accruing
thereto, in Bane & Poole Addition to the City of Brookings, Brookings County,
South Dakota.
(herein referred to as the “Easement Property”); and
City of Brookings
August 28, 2012
136
WHEREAS, the Easement Property is located at the corner of 6th Street and 22nd Avenue in
Brookings, South Dakota directly across 6th Street from McCrory Gardens, but also along the
current major corridor from Interstate 29 to downtown Brookings and the core of the City,
with two blocks of frontage on 6th Street and one block of frontage on 22nd Avenue; and
because it is on the corner opposite from Wal-Mart and in the neighborhood of other
commercial development, the Easement Property also has substantial value for commercial
development purposes; and
WHEREAS, the Easement Property is currently in an undeveloped state containing only trees
and grasses and because of its proximity to McCrory Gardens has substantial aesthetic and
conservation value as a scenic, natural, recreation and educational resource in much the same
manner as McCrory Gardens and as natural open space to frame in an aesthetic and pleasing
way a major corridor of the City (the Easement Property’s “Conservation Values”); and
WHEREAS, South Dakota State University (“SDSU”) operates McCrory Gardens for various
purposes, but particularly as a nature area for SDSU students to plant and maintain flower beds
and other trees and plants in conjunction with their education; and
WHEREAS, protection of the Conservation Values of the Easement Property is consistent with
and advances conservation public policies of state and local governments, particularly as follows:
A. South Dakota statutes clearly identify open space, wildlife habitat and scenic values
protection as part of the State’s public policy, “retaining or protecting natural or
open-space values of real property, assuring its availability for agricultural, forest,
recreational or open-space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving historical, architectural, archaeological,
paleontological or other culture aspects of real property”.
B. The policies, goals and missions of McCrory Gardens as operated by SDSU, an
educational institution of the South Dakota Board of Regents, are found and
expressed on its website at www.mccrorygardens.com, including [i] research “to
provide new information to the scientific community and the public on the
introduction, cultivation and arrangement of native and domestic plants;” [ii] “the
testing of new turf grass varieties to lower inputs of fertilizer, water and
maintenance, and demonstrating the effectiveness of native plant horticulture in the
Northern Great Plains;” and [iii] to “serve as an outdoor teaching laboratory.”.
C. The mission of the City of Brookings Parks Department is expressed on the official
website of the City of Brookings at www.cityofbrookings.org as “to provide parcels
of open-space, green areas throughout the city, for aesthetic purposes, as sites for
recreation activities and to reduce the perceived and real population density of
residential areas."
WHEREAS, Grantor and Grantee recognize the Conservation Values of the Easement Property
in its present state, and have, by the conveyance of this Conservation Easement to Grantee, the
common purpose of conserving these Conservation Values of the Easement Property, and
preventing the use or development of the Easement Property for any purposes or in any
manner which would conflict with the maintenance of its Conservation Values; and
City of Brookings
August 28, 2012
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WHEREAS, the Grantee is a charitable organization of the kind described in Section 501(c)(3)
of the Internal Revenue Code, as presently in effect and that meets the public support test set
forth in Sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code; and
WHEREAS, Grantor intends to transfer its remaining interest in the Easement Property to the
City of Brookings so the Easement Property and McCrory Gardens will be a natural,
aesthetically pleasing area at the entrance to the City of Brookings; and
WHEREAS, the Grantor intends, as owner of the Easement Property, to convey to Grantee the
right to preserve and protect the Conservation Values of the Easement Property in perpetuity
in accordance with the terms of this instrument; and
WHEREAS, Grantee is willing to accept this Conservation Easement, to preserve and protect
the Conservation Values of the Easement Property in perpetuity in accordance with the terms
of this instrument for the benefit of this generation and generations to come, subject
nevertheless to the reservations and to the terms and conditions and obligations set out herein
and imposed hereby; and
NOW, THEREFORE, in consideration of the promises and the foregoing recitations and in
further consideration of the mutual covenants, terms, conditions and restrictions hereinafter
set forth, Grantor and Grantee hereby agree as follows:
1. Grant and Acceptance.
1.1 Grant of Conservation Easement. On and with the terms, conditions and
restrictions set forth in this Conservation Easement, and with the intention of
making an absolute and unconditional gift, the Grantor does hereby grant, give,
warrant and convey unto the Grantee and its successors, forever and in
perpetuity, a Conservation Easement of the nature and character and to the
extent hereinafter set forth, in, upon, and over the Easement Property, for the
purposes of preserving, protecting, and maintaining the Conservation Values of
the Easement Property pursuant to the laws of the State of South Dakota.
1.2 Grantee’s Acceptance. In reliance upon Grantor’s warranties and representations
as described below, Grantee hereby accepts the grant of this Conservation
Easement and the responsibility of monitoring and enforcing its terms and
upholding its Conservation Values forever.
2. Purposes. The Conservation Easement is hereby granted exclusively for the following
purposes (together the “Conservation Purposes”):
2.1 Preservation. To assure that the Easement Property will be retained in perpetuity
in its predominantly undeveloped and open space condition;
2.2 Enhancement. To enhance the Easement Property subject to this Conservation
Easement for non-motorized outdoor enjoyment and the education of the
general public as a passive park consistent with the customs and good practices
of the City of Brookings Parks Department and, if so determined by Grantor,
the planting, maintaining and studying trees, grasses, shrubs, flower and plant
gardens consistent with the mission of McCrory Gardens;
City of Brookings
August 28, 2012
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2.3 Scenic Enjoyment. To preserve, protect and maintain the Easement Property as
open space for the scenic enjoyment of the general public; and
2.4 Public Access. To assure public access to the Easement Property subject to such
access limitations established by Grantee not inconsistent with the Conservation
Purposes of this Conservation Easement.
3. Rights Reserved By Grantor. All rights not expressly granted herein are reserved to the
Grantor. Without limiting the generality of the foregoing, the rights so reserved shall
include the right to enter upon, through and across the Easement Property for all
purposes not inconsistent with this Conservation Easement, including, but not limited
to, the following:
3.1 Improvements. To plant, transplant, cultivate, maintain, study, rotate and exhibit
trees, flowers, plants, shrubs and native and naturalized vegetation; and to make
other alterations to the Easement Property as may be necessary or advisable to
carry out, preserve or enhance the Conservation Values of the Easement
Property; and to make such other improvements not prohibited hereby that
have the prior written approval by the Grantee for such purpose;
3.2 Transfers. To transfer by gift or otherwise the Easement Property subject to this
Conservation Easement to a responsible transferee who assumes the
responsibilities and obligations, and succeeds to the rights, of Grantor
hereunder;
3.3 Special Access. To engage and permit persons and entities, including, but not
limited to, SDSU, to carry out the objectives set forth in ¶3.1 and to grant them
access to the Easement Property for those purposes; and
3.4 Other Ownership Rights. To exercise all rights accruing from Grantor’s ownership
of the Easement Property, including the right to engage in, or permit or invite
others to engage in, all uses of the Easement Property that are not expressly
prohibited and are not inconsistent with the Conservation Purposes of this
Conservation Easement.
4. Prohibited Use. Any activity that is inconsistent with the Conservation Purposes of this
Conservation Easement is prohibited. Without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited:
4.1 Improvement Limitation.
(a) Except as set forth in this §4.1 or otherwise in this Conservation Easement,
no building(s), structure(s), fence(s), tennis court(s), basketball courts, swimming
pool(s), covered pavilions, garages, parking lots, utility tower(s), or wireless
communication tower(s) or facilities shall be hereafter erected or placed on the
Easement Property, except as otherwise provided in this Conservation
Easement.
(b) Ancillary improvements which are necessary or appropriate for the
accomplishment of the Conservation Purposes and may be constructed on the
Easement Property provided that they are consistent with, and are not
detrimental to, the Conservation Purposes of this Conservation Easement.
Those improvements such as depicted in attached Exhibit B, are expressly
contemplated as satisfying the standards set forth herein. Such improvements
City of Brookings
August 28, 2012
139
may also include trash collectors, path lighting, benches, archways, pillars, small
ponds, structures for plants and gardens, and infrastructure and equipment to
supply water and irrigation.
(c) Grantee may erect signs on the Easement Property as it deems necessary to
warn the public of hazards (if any), to warn the public of any or all activities
prohibited on the Easement Property by the terms of this Conservation
Easement, and to identify the Grantee.
(d) Grantor may erect one (1) sign to identify the Easement Property as the
entrance to the City of Brookings, which sign may include back lighting, subject
to prior approval by Grantee. Grantor may also erect, or permit others to
erect, a commercial billboard on Lot Eleven (11) of Block One (1) of the Bane &
Poole Addition to the City of Brookings, Brookings, South Dakota, provided,
such commercial billboard is located as far North and West on such lot as
permitted by state and local laws and otherwise complies with all state and local
laws regulating commercial billboards.
4.2 No Subdivision. The Easement Property shall not be platted or subdivided or
otherwise divided, conveyed, leased, or transferred in more than one single
parcel beyond the subdivision known as the Bane & Poole Addition to the City
of Brookings, South Dakota as in existence on the date of this Conservation
Easement.
4.3 No Dumping, Etc. There shall be no dumping of soil, trash, ashes, garbage, waste,
or other unsightly, offensive or harmful material on or in the Easement Property,
and no changing of its topography through the placing of soil or other substance
or material such as land fill or dredging soils, except to the extent necessary
during construction of the permitted improvements and signs referenced in §4.1.
4.4 No Mineral Excavation or Stockpiling. There shall be no fillings, excavation,
dredging, mining, quarrying, drilling or removal of loam, gravel, soil, rock, sand,
minerals, or other materials, nor any building of roads or other change in the
general topography of the land on the Easement Property in any manner except
minor reshaping necessary for drainage on Lot Eleven (11), Twelve (12),
Thirteen (13), Fourteen (14) and Fifteen (15), Block One (1) of Bane & Poole
Addition to the City of Brookings, Brookings County, South Dakota.
4.5 Limits on Vegetation Removal. There shall be no removal, destruction, or cutting,
of trees, shrubs, or other vegetation on the Easement Property except (i) to
further the Conservation Values and Conservation Purposes, or (ii) as may be
necessary for public safety and good husbandry practices, the prevention or
mitigation of disease, or promotion of species diversity, which may include the
removal of dead or damaged trees or branches that present a safety hazard, or
other circumstances specified in this instrument.
4.6 No Motorized Vehicles. There shall be no operation of snowmobiles, all-terrain
vehicles (ATVs), motorcycles, or any motorized vehicles on the Easement
Property except to the extent necessary for Grantor or Grantee to maintain the
Easement Property.
4.7 No Animal Pursuit. There shall be no hunting or trapping on the Easement
Property, except for control or eradication of rodents and varmints.
City of Brookings
August 28, 2012
140
4.8 No Signs. Except as provided in Section 4.1, no outdoor advertising structures
such as signs and billboards shall be displayed on the Easement Property except
as desirable or necessary in the accomplishment of the Conservation Purposes
of the Easement Property, and provided such structures are not detrimental to
such Conservation Purposes. No sign, other than the signs referenced in
Section 4.1, shall exceed eight (8) square feet in size or be artificially illuminated.
4.9 Limitation on Site Improvements. No additional rights-of-way, easements of ingress
or egress, driveways, roads, parking lots, or utility lines shall be constructed,
developed or maintained into, on, over, under, or across the Easement Property,
without the prior written approval of the Grantee, at its sole discretion, except
those of record and those specifically permitted by the terms of this
Conservation Easement.
4.10 No Events. The Easement Property shall not be used for any events or
occasions—such as weddings, celebrations, festivals, concerts or sporting
events—that are intended to draw numbers of people to the Easement Property
at the same time for one purpose. This section shall not prevent student study
or public education activities related to the Conservation Values.
5. Rights of Grantee. To accomplish the Conservation Purposes of this Conservation
Easement, the following rights are conveyed to Grantee:
5.1 Generally. To preserve and protect the Conservation Values and Purposes of the
Easement Property;
5.2 Access. To enter upon the Easement Property at all reasonable times in order to
monitor the condition of the Easement Property and to monitor Grantor’s
compliance with the terms of this Conservation Easement, and for all other
purposes consistent with its rights and obligations hereunder and consistent with
the Conservation Values;
5.3 Prevention of Violation. To prevent any activity on or use of the Easement
Property that is inconsistent with the Conservation Purposes and to require the
restoration of such areas or features of the Easement Property that may be
damaged by any inconsistent activity or use, and particularly pursuant to the
remedies set forth in this Agreement;
5.4 Limit on Exceptions. To take, permit, or authorize action in opposition to the
other restrictions contained in this Conservation Easement only if such action is
absolutely necessary, in the reasonable judgment and discretion of Grantee, for
the preservation of the Easement Property; and
5.5 Retention of Development Rights. To retain as its exclusive right, power and
domain, except as expressly reserved to Grantor, all development rights that are
now or hereafter allocated to, implied, reserved or inherent in the Easement
Property, it being the intent hereby that such development rights shall, except as
expressly reserved to Grantor, be terminated and extinguished and may not be
used on or transferred to any portion of the Easement Property.
6. Other Grants. This Easement shall not be interpreted to prohibit or restrict Grantor
or Grantee from participating in any state, federal or local government entity or agency
programs designed to promote, preserve or enhance the natural characteristics and
City of Brookings
August 28, 2012
141
potential of the Easement Property and to make any grant of any covenant, restriction,
easement or title to the Easement Property for that purpose, provided that all the
following conditions are met: (i) any such grant is subject to this Easement; (ii) the grant
does not impair, harm or otherwise jeopardize, and instead is consistent with, the
Conservation Values; and (iii) Grantor and Grantee either join in application for such
grant or Grantor obtains the prior express written consent of Grantee.
7. Present Conditions Report. Exhibit A constitutes a summary of a present conditions
report (the “PCR”) prepared by Grantee with the cooperation of Grantor, consisting of
maps, photographs and other documents and acknowledged by both parties to be
complete and accurate as of the date of this Conservation Easement. The PCR will be
used by Grantee to assure that any future changes in use of the Easement Property will
be consistent with the terms of this Easement; but the PCR is not intended to preclude
the use of other evidence to establish the present condition of the Easement Property if
there is a controversy over its use. A full copy of the PCR is available at Grantee’s
office.
8. Grantor’s Warranties and Representations.
8.1 Purpose. Grantor acknowledges that despite the Conservation Values of the
Easement Property, certain factors, if they were present, would preclude
Grantee from accepting this Easement; and Grantee cannot accept this Easement
without affirmative assurances that these factors are not present with respect to
the Easement Property. Since Grantor is the party most familiar with the
Easement Property, Grantor acknowledges the right of Grantee to rely without
inquiry on these assurances in the form of Grantor’s warranties and
representations as described below.
8.2 Enumeration. To induce Grantee to accept this Easement, Grantor warrants and
represents as follows:
(a) Grantor is the sole owner of the Easement Property, free of all liens,
claims, interests and encumbrances. No person has any homestead interest in
the Easement Property other than Grantor;
(b) To the best of Grantor’s knowledge:
(i) Any handling, transportation, storage, treatment or use of any
substance defined, listed, or otherwise classified pursuant to any federal,
state or local law, regulation, or requirement as hazardous, toxic,
polluting, or otherwise contaminating to the air, water, or soil, or in any
way harmful or threatening to human health or the environment, that has
occurred on the Easement Property prior to the date of this Easement
has been in compliance with all applicable federal, state, and local laws,
regulations, and requirements and has no current adverse effect on any of
the Conservation Values;
(ii) No deposit, disposal, or other release of any hazardous substance
or toxic waste has occurred on or from the Easement Property, which is
free of all such contamination;
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(iii) There are not now any underground storage tanks located on the
Easement Property, whether presently in service or closed, abandoned,
or decommissioned, and no underground storage tanks have been
removed from the Easement Property in a manner not in compliance
with applicable federal, state, and local laws, regulations, and
requirements;
(iv) Grantor and the Easement Property are in compliance with all
federal, state and local laws, regulations, and requirements applicable to
the Easement Property and its use;
(v) There is no pending or threatened litigation in any way affecting,
involving, or relating to the Easement Property;
(c) No civil or criminal proceedings or investigations have been instigated at
any time or are now pending, and no notices, claims, demands, or orders have
been received, arising out of any violation or alleged violation of, or failure to
comply with, any federal, state, or local law, regulation, or requirement
applicable to the Easement Property or its use, nor do there exist any facts or
circumstances that Grantor might reasonably expect to form the basis for any
such proceedings, investigations, notices, claims, demands, or orders; and
(d) In determining to grant this Easement, Grantor has relied solely on the
advice of its own legal, tax and valuation advisors and not on any representative
of Grantee.
9. Retained and Assumed Responsibilities, Obligations and Liabilities.
9.1 Grantee’s Status. Grantor acknowledges that Grantee shall not be considered,
and the parties do not intend this Easement to be construed to create or impose upon
Grantee any responsibilities, obligations or liability as, an owner, operator, landlord,
tenant or manager of the Easement Property. Grantee’s obligations for monitoring and
inspection shall be solely for the purpose of preserving Conservation Values and not for
the prevention or mitigation of any damage, injury or other harm to persons or
property. This Conservation Easement shall not be deemed to create any right of
action against Grantee in favor of any third party.
9.2 Taxes. Grantor shall pay before delinquency all taxes, assessment, fees and
charges of whatever description levied on or assessed against the Easement Property
and/or this Easement; provided, however, that all assessed real estate taxes shall be paid
on or before the due date set forth in the county tax statement.
9.3 Management. Grantor shall continue to be solely responsible for the upkeep,
maintenance and management of the Easement Property and preservation and
protection of the Conservation Values.
9.4 Insurance. Grantor shall be solely responsible for maintaining all appropriate
casualty, property, liability and workers compensation insurance appropriate for their
use and occupation of the Easement Property. Grantee shall be named an additional
insured on all such insurance policies related to the Easement Property.
9.5 Compliance with Laws. Grantor shall remain solely responsible for obtaining all
applicable governmental permits and approvals for any construction or other activity or
use permitted by this Easement and to conduct the foregoing in accordance with and in
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observation of all applicable federal, state and local laws, rules, regulations and
requirements.
9.6 Indemnity. Grantor shall indemnify, protect, defend with counsel acceptable to
Grantee and hold Grantee and its directors, officers, employees, agents, attorneys,
volunteers, representatives, successors and assigns (the Indemnified Parties) harmless
from and against all claims, actions, administrative proceedings, liabilities, judgments,
damages, punitive damages, penalties, fines, costs, remedial action, compliance
requirements, enforcement in clean-up actions of any kind, interests or losses,
attorney’s fees and expenses (including those incurred in enforcing this indemnity),
consultant fees and expert fees arising directly or indirectly from or in connection with
(i) injury or death of any person, damage to any property or diminution in the value of
property resulting from any act, omission, condition or other matter related to or
occurring on or about the Easement Property regardless of cause, including injury, death
or other harm to any Indemnified Party; (ii) the presence, suspected presence or release
of any hazardous substance whether into the air, soil, surface water or ground water of
or at the Easement Property; (iii) any violation or alleged violation of any environmental
law affecting the Easement Property, whether occurring prior to or during Grantor’s
ownership of the Easement Property and whether caused or permitted by Grantor or
any person other than Grantor; (iv) any claim or defense by Grantor or any third party
that any Indemnified Party is liable as an owner or operator of the Easement Property
under any environmental law; or (v) any breach of Grantor’s warranties, representations
or retained responsibilities, obligations or liabilities hereunder. This indemnity shall not
apply if it shall be finally determined that any of the foregoing was due solely to the
negligence of the Indemnified Parties.
9.7 Remediation. If, at any time, there occurs, or has occurred, a release in, on, or
about the Easement Property of any substance now or hereafter defined, listed, or
otherwise classified pursuant to any federal, state, or local law, regulation, or
requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water,
or soil, or in any way harmful or threatening to human health or the environment,
Grantor shall take all steps necessary to assure its containment and remediation,
including any cleanup that may be required, unless the release was caused by Grantee, in
which case Grantee shall be responsible therefor.
10. Grantee’s Remedies.
10.1 Notice; Corrective Action. If Grantee determines that Grantor is in violation of the
terms of this Conservation Easement or that a violation is threatened, Grantee shall give
written notice to Grantor of such violation and demand corrective action sufficient to
cure the violation and, where the violation involves injury to the Easement Property
resulting from any use or activity inconsistent with the Conservation Purposes, to
restore the portion of the Easement Property so injured.
10.2 Action for Equitable Relief and Damages. If Grantor fails to cure the violation
within thirty (30) days after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) day
period, fails to begin curing such violation within the thirty (30) day period, or fails to
continue diligently to cure such violation until finally cured, Grantee may bring an action
at law or in equity in a court of competent jurisdiction to enforce the terms of this
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144
Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or
permanent injunction, to recover any damages to which it may be entitled for violation
of the terms of this Conservation Easement or injury to any Conservation Purposes or
Values protected by this Conservation Easement, including damages for the loss of the
Conservation Purposes or Values, and to require restoration of the Easement Property
to the condition that existed prior to any such injury.
10.3 Emergency Enforcement. Without limiting Grantor’s liability therefore, Grantee,
in its sole discretion, may apply any damages recovered to the cost of undertaking any
corrective action on the Easement Property. If Grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Purposes or Values of the Easement Property,
Grantee may pursue its remedies under this Section 10 without prior notice to Grantor
or without waiting for the period provided for cure to expire.
10.4 Scope. Grantee’s rights under this Section 10 apply equally in the event of either
actual or threatened violations of the terms of this Conservation Easement, and Grantor
agrees that Grantee’s remedies at law for any violation of the terms of this
Conservation Easement are inadequate and that Grantee shall be entitled to the
injunctive relief described in this Section 10, both prohibitive and mandatory, in addition
to such other relief to which Grantee may be entitled, including specific performance of
the terms of this Conservation Easement, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. Grantee’s remedies
described in this Section 10 shall be cumulative and shall be in addition to all remedies
now or hereafter existing at law or in equity.
10.5 Other Parties. Grantee may enforce this Easement in the same manner as against
all other third parties damaging or otherwise harming or threatening the Conservation
Values of the Easement Property.
11. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Conservation Easement against Grantor, including, without implied limitation of kind or
category, costs of suit and attorneys’ fees, and any costs of restoration necessitated by
Grantor’s or any third party’s violation of the terms of this Conservation Easement shall
be borne by Grantor.
12. Grantee’s Discretion.
12.1 Where consent or approval of Grantee is required by this Easement, Grantee
shall use good faith, reasonable efforts to respond to a request within a reasonable
timeframe stated with the request; but any response may be delayed pending receipt of
additional information, inspection of the Easement Property or consultation with
experts or authorities.
12.2 The parties intend that Grantee shall not have the discretion to grant any
exception, exercise any forebearnce or give any consent or approval that defeats,
terminates or materially impairs this Conservation Easement, its Conservation Purposes
or the Conservation Values.
12.3 Subject to the limitation expressed in §12.2, enforcement of the terms of this
Conservation Easement shall be at the discretion of Grantee, and any forbearance by
Grantee to exercise its rights under this Conservation Easement in the event of any
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145
breach of any term of this Conservation Easement by Grantor shall not be deemed or
construed to be a waiver by Grantee of such term or of any subsequent breach of the
same or any other term of this Conservation Easement or of any of Grantee’s rights
under this Conservation Easement. No delay or omission by Grantee in the exercise of
any right or remedy upon any breach by Grantor shall impair such right or remedy or
be construed as a waiver.
13. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or
prescription.
14. Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Easement Property resulting from causes beyond Grantor’s control,
including, without limitation, fire, flood, storm, trespassers, vandals and earth
movement, or from any prudent action taken by Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to the Easement Property resulting from
such causes.
15. Easement in Subsequent Title. Grantor agrees that the terms, conditions, restrictions,
and purposes of this Conservation Easement will be inserted by them in any subsequent
deed, or other legal instrument, by which it divests itself of either the fee simple title to
or of its possessory interest in the Easement Property.
16. Condemnation. If the Easement Property or any part thereof shall be taken by
condemnation, this Conservation Easement shall terminate automatically as to the
Easement Property so taken, to the end that Grantor or its successor may be as fully
compensated as though this Conservation Easement had never been granted. Grantor
and the Grantee shall join in appropriate actions at the time of such taking to recover
the full value of the taking and all incidental or direct damages resulting from the taking,
and all expenses incurred by the Grantor and the Grantee in such action shall be paid
out of the recovered proceeds. The condemnation award made in such taking shall be
then shared by the Grantor and Grantee by apportioning to the Grantor the value of
such taken Easement Property, part or interest as limited by the restrictions contained
in this Conservation Easement, and apportioning to the Grantee the difference, if any,
between such value and the total condemnation award. This Conservation Easement
shall remain in full force and effect with respect to any portion of the Easement
Property not taken by such condemnation proceedings.
17. Extinguishment. This Conservation Easement can only be terminated or extinguished,
whether in whole or in part, by judicial proceedings initiated by Grantee in a court of
competent jurisdiction upon a finding in said court that circumstances have arisen that
renders the purpose of this Conservation Easement impossible or impractical to
accomplish. The amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Easement Property subsequent to such termination or
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146
extinguishment, shall be the stipulated fair market value of the Conservation Easement,
or proportionate part thereof, as determined below.
18. Valuation. This Conservation Easement constitutes a real property interest immediately
vested in Grantee, which, for the purposes of Section 17 the parties stipulate to have a
fair market value determined by multiplying the fair market value of the Easement
Property unencumbered by the Conservation Easement (minus any increase in value
after the date of this grant attributable to improvements) by the ratio of the value of the
Conservation Easement at the time of this grant to the value of the Easement Property,
without deduction for the value of the Conservation Easement, at the time of this grant.
The values at the time of this grant shall be those values used to calculate the deduction
for federal income tax purposes allowable by reason of this grant, pursuant to Section
170(h) of the Internal Revenue Code. For the purposes of this Section 18, the ratio of
the value of the Conservation Easement to the value of the Easement Property
unencumbered by the Conservation Easement shall remain constant.
19. Application of Proceeds. Grantee shall use any proceeds received under the
circumstances described in section 16, 17 or 18 in a manner consistent with the
Conservation Values and Purposes, which are exemplified by this grant.
20. Assignment. This Conservation Easement is transferable, but Grantee may assign its
rights and obligations under this Conservation Easement only to an organization that is a
qualified organization at the time of transfer under Section 170(h) of the Internal
Revenue Code (or any successor provision then applicable), and authorized to acquire
and hold conservation easements under South Dakota law, or any successor provision
then applicable, or the laws of the United States. As a condition of such transfer,
Grantee shall require that the Conservation Values and Purposes that this grant is
intended to advance continue to be carried out. Grantee agrees to give written notice
to Grantor of an assignment at least thirty (30) days prior to the date of such
assignment. The failure of Grantee to give such notice shall not affect the validity of
such assignment nor shall it impair the validity of this Conservation Easement or limit its
enforceability in any way, but shall excuse any failure to seek required consent or
approval from an assignee unknown to Grantor or its successor or assign.
21. Recordation. Grantee shall record this instrument in timely fashion in the official
records of Brookings County, South Dakota, and may re-record it at any time as may be
require to preserve its rights in this Conservation Easement.
22. General Provisions.
22.1 Controlling Law. The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of South Dakota.
22.2 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of the
grant to effect the purposes of this Conservation Easement. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of
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147
this Conservation Easement that would render the provision valid shall be favored over
any interpretation that would render it invalid.
22.3 Severability. If any provision of this Conservation Easement, or the application
thereof to any person or circumstance, is found to be invalid, the remainder of the
provisions of this Conservation Easement, or the application of such provision to
persons or circumstances other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
22.4 Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Conservation Easement, all
of which are merged herein.
22.5 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor’s title in any respect.
22.6 Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective personal representatives, heirs, successors, and assigns and
shall continue as a servitude running in perpetuity with the Easement Property.
22.7 Termination of Rights and Obligations. A party’s rights and obligations under this
Conservation Easement terminate upon transfer of the party’s interest in the
Conservation Easement or Easement Property, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
22.8 Notices. All notices, requests, and other communications required to be given
under this Conservation Easement shall be in writing, except as otherwise provided
herein, and shall be delivered in hand or sent by certified mail, postage prepaid, return
receipt requested, to the appropriate address set forth below or to such other address
as the Grantor or the Grantee may hereafter designate by notice given in accordance
herewith. Notice shall be deemed to have been given when so delivered or so mailed.
22.9 Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
22.10 Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the
event of any disparity between the counterparts produced, the recorded counterpart
shall be controlling.
The Grantee, by accepting and recording this Conservation Easement, for itself, its successors
and assigns, agrees to be bound by and to observe and enforce the provisions hereof and
assumes the rights and responsibilities herein provided for and incumbent upon the Grantee, all
in furtherance of the Conservation Purposes for which this Conservation Easement is delivered.
IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands at
Brookings, South Dakota, effective as of the date first above written.
Address: FIRST BANK & TRUST
City of Brookings
August 28, 2012
148
520 6th Street
Brookings, South Dakota 57006 By:
Its:
Grantor
Address:
Northern Prairies Land Trust
401 E. 8th Street, Ste. 200B By:
Sioux Falls, SD 57103 Its:
Grantee
[Remainder of page intentionally left blank.]
City of Brookings
August 28, 2012
149
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF BROOKINGS)
On this, the _____ day of August, 2012, before me, the undersigned officer, personally
appeared ___________________, who acknowledged himself to be the _____________ of
First Bank & Trust, a South Dakota banking corporation, and that he, as such officer, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by
signing the name of the corporation by himself as ______________.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public, South Dakota
My Commission expires:
STATE OF SOUTH DAKOTA)
: SS
COUNTY OF MINNEHAHA)
On this the _____ day of August, 2012, before me, the undersigned officer, personally
appeared _________________________, who acknowledged himself/herself to be the
___________ of Northern Prairie Land Trust, a South Dakota nonprofit corporation, and that
he/she, as such officer, being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of the corporation by himself/herself as such
officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public, South Dakota
My Commission expires:
EXHIBIT A - PRESENT CONDITIONS REPORT
EXHIBIT B - CURRENT IMPROVEMENTS PLAN
City of Brookings
August 28, 2012
151
Other Business
15. Presentation by Brookings Health Systems on Quarterly Financial
Report.
Representatives of Brookings Health Systems will provide the City Council
and public with a financial report and update on current and pending issues.
Action: Informational
BROOKINGS HEALTH SYSTEM
Brookings Health System
Brookings City Council Meeting
August 28, 2012
BROOKINGS HEALTH SYSTEM
Progress on Skilled
Nursing Facility
08.20.12
04.17.12
BROOKINGS HEALTH SYSTEM
Skilled Nursing Facility /
Financing
BROOKINGS HEALTH SYSTEM
What’s New at BHS?
•New Services
–Therapies
–HME
–Specialty Outreach
–New Physicians
•Dr. Oey-Devine,
General Surgeon
•Dr. Ellsworth, Family
Practice
BROOKINGS HEALTH SYSTEM
Transparency
•Journey to Excellence
–TeamShare
•Core Measures
–5 Pillars
•Communication
–Board Dashboard
–City of Brookings
BROOKINGS HEALTH SYSTEM
Community Health Needs
Assessment
•Board of Trustees
Strategic Planning
Retreat
(November 2nd & 3rd)
BROOKINGS HEALTH SYSTEM
Brookings Health System
Financials
Fiscal Year 2012 (2nd Quarter)
BROOKINGS HEALTH SYSTEM
Period Ending Date 6/30/2012 6/30/2011 6/30/2010 6/30/2009
FINANCIAL STATEMENT
Inpatient Revenue $9,020,723 $8,339,909 $6,579,239 $7,454,363
Outpatient Revenue $21,563,128 $17,522,690 $16,647,221 $15,097,079
Long Term Care $2,922,638 $2,762,211 $2,511,223 $2,546,760
GROSS Patient Revenue $33,506,489 $28,624,810 $25,737,683 $25,098,202
Contractual Discounts and Charity -$15,144,520 -$11,357,890 -$10,108,678 -$8,915,712
NET Patient Revenue $18,361,969 $17,266,920 $15,629,005 $16,182,490
Other revenue (Brookhaven, cafeteria, etc.)$646,627 $314,684 $277,673 $260,282
TOTAL Operating Expenses -$17,773,778 -$16,209,976 -$15,534,565 -$15,307,521
OPERATING INCOME $1,234,818 $1,371,628 $372,113 $1,135,251
Income from Investments, Grants and Other $145,460 $185,032 $203,177 $130,107
Distribution to Joint Partners -$304,444 -$251,786 -$183,702 -$187,944
TOTAL Non-Patient Revenue -$158,984 -$66,754 $19,475 -$57,837
NET INCOME $1,075,834 $1,304,874 $391,588 $1,077,414
City of Brookings
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160
Other Business
16. Action on Resolution No. 112-12, a Resolution authorizing the
construction and equipping of certain improvements to the Hospital
pursuant to a Lease Agreement; Approving the execution of an
Irrevocable Declaration of Trust by First Bank and Trust, as Trustee;
Providing for the execution, sale and delivery of not to exceed
$10,000,000 Aggregate original amount of Certificates of Participation in
the Lease-Purchase Agreement pursuant to a Certificate Purchase
Agreement and the application of the proceeds thereof to construct and
equip improvements to the Hospital and design and develop
improvements to adjacent property; Approving and authorizing a Ground
Lease of the Hospital to First Bank and Trust, as Trustee; and
Authorizing and approving other actions and agreements necessary to
consummate the contemplated improvement and financing.
Under South Dakota Codified Laws Chapter 34-9 the City of Brookings has the power
to establish, construct, purchase, and maintain hospitals, medical clinics, nursing facilities
and homes for the aged. The City of Brookings operates a hospital and health system
through a Brookings Health System Board of Trustees. The Brookings Health System
Board of Trustees has determined the need to construct on the hospital campus a 79
skilled nursing bed addition designed in a social model concept with three distinct
neighborhoods.
The project has a total approximate cost of $15,000,000 with $10,000,000 being
financed through a lease-purchase method of financing. The lease-purchase method of
financing requires the City to lease the ground to a trustee, the trustee causes the
improvement to be made, and the trustee leases the ground and the improvement back
to the City with the option to purchase when the entire cost of the improvement with
interest has been paid. The trustee issues certificates of participation in the lease to
finance the improvements.
The lease-purchase financing does not create constitutional debt within the provisions of
the South Dakota Constitution Article 13 Section 4.
The resolution approves the lease purchase financing and the substantial form of
documents used in the financing. The maximum amount of the financing is $10,000,000.
The maximum term of the financing is 30 years (1 year and 29 renewal years). The
authorized officers of the City are authorized to finalize the terms of the financing.
The resolution approves Dougherty & Company LLC as financial advisor and
Meierhenry Sargent LLP as bond counsel.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
August 28, 2012
161
Resolution No. 112-12
Resolution authorizing the construction and equipping of certain improvements to
the Hospital pursuant to a Lease Agreement; Approving the execution of an
Irrevocable Declaration of Trust by First Bank and Trust, as Trustee; Providing for
the execution, sale and delivery of not to exceed $10,000,000 Aggregate original
amount of Certificates of Participation in the Lease-Purchase Agreement pursuant
to a Certificate Purchase Agreement and the application of the proceeds thereof
to construct and equip improvements to the Hospital and design and develop
improvements to adjacent property; Approving and authorizing a Ground Lease of
the Hospital to First Bank and Trust, as Trustee; and Authorizing and approving
other actions and agreements necessary to consummate the contemplated
improvement and financing.
Whereas, the City of Brookings (the "City") is a duly organized South Dakota municipality with
the power to establish, construct, purchase, and maintain hospitals, medical clinics, nursing
facilities and homes for the aged (collectively the “Hospital”); and
Whereas, the City has the power pursuant to SDCL Chapters 34-9 and 9-12 to lease and lease-
purchase real and personal property; and
Whereas, it is the opinion of the City Council that the City would be best served by entering
into a ground lease and lease; and
Whereas, it is declared necessary that a Declaration of Trust (the “Declaration of Trust”) be
executed by First Bank and Trust, as Trustee (the “Trustee”) for the purpose of financing 79
skilled nursing beds designed in a social model concept with three distinct neighborhoods (the
“Project”).
Whereas, the City desires to improve the Hospital and for such purpose intends to enter into a
Ground Lease with the City as lessor and the Trustee as lessee (the “Ground Lease”), Lease
Agreement with the Trustee as lessor and the City as lessee (“the Lease Agreement”) and
Certificates of Participation, Series 2012 (the “Certificates”) payable as to principal in the
aggregate original amount not to exceed $10,000,000 evidencing proportionate interests of the
owners in the Lease Agreement;
Whereas, the proceeds of the Certificates will be used to construct and equip improvements to
the Hospital, including construction of a new skilled nursing facility.
Now, Therefore, Be It Resolved By the City Council of the City of Brookings as follows:
Section 1. Authorization and Approval of Transactions. Subject to the terms and conditions
set forth herein, the City hereby (i) authorizes the City’s lease of the Property, hereafter
defined, to the Trustee for a period not to exceed 40 years pursuant to the Ground Lease, (ii)
authorizes the City's lease of the Property from the Trustee pursuant to the Lease Agreement
on an annual appropriation basis for an initial lease term and renewal terms not to exceed in
City of Brookings
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162
the aggregate 30 years, and (iii) approves the Trustee's execution of the Declaration of Trust,
(iv) approves the Trustee's execution and delivery of the 2012 Certificates, payable as to
principal in an aggregate original amount not exceeding $10,000,000, to the First Bank and
Trust ( the "Purchaser") pursuant to the Declaration of Trust and a Certificate Purchase
Agreement between the City and the Purchaser (the "Certificate Purchase Agreement") and
the use of the proceeds thereof to finance the construction and equipping of improvements to
the Project, and to pay the expenses incurred in connection with the execution and delivery of
the Certificates.
Section 2. Approval of Documents. The City hereby approves (i) the Declaration of Trust, (ii)
the Ground Lease, (iii) the Lease Agreement, and (iv) the Certificate Purchase Agreement, in
substantially the respective forms thereof presented at this meeting. The Authorized Officer
may approve the entire legal description or a partial legal description of the current site of the
Hospital located in the City (the “Property”).
Section 3. Certificates of Participation. The Certificates shall be executed and delivered in
fully-registered form, shall be dated and numbered, shall be payable as to principal in the
denominations of $5,000 and integral multiples thereof and in such amounts (not exceeding in
the aggregate $10,000,000) and on such dates (not later than thirty years), shall be payable as to
interest at such rate or rates to be negotiated by the Authorized Officer and shall be subject to
prepayment upon such terms and conditions, in such amounts and on such dates as may be
specified in the Declaration of Trust and in the executed Certificate Purchase Agreement. The
Mayor, the Clerk and the Finance Manager (each an "Authorized Officer") of the City are
hereby authorized and empowered for and on behalf of the City to approve the Certificate
Purchase Agreement, his or her execution and delivery thereof to evidence conclusively the
City’s approval thereof.
Section 4. Execution and Delivery of Documents. Each Authorized Officer of the City is
authorized and empowered for and on behalf of the City to execute and deliver (i) the Ground
Lease and (ii) the Lease Agreement, in substantially the respective forms thereof presented at
this meeting or with such changes therein and modifications thereto as may be approved by the
Authorized Officer executing and delivering the same on behalf of the City, such execution and
delivery to evidence conclusively such approval.
Section 5. Financial Advisor and Bond Counsel. The City hereby selects Dougherty &
Company LLC to provide financial professional services and Meierhenry Sargent LLP to provide
bond counsel services with respect to the execution and delivery of the Certificates as is
necessary in order to accomplish the purposes of this Resolution. Any contracts for the
provision of such services shall be executed by an Authorized Officer, and the execution of
such contracts shall represent approval by the City of the terms of such contracts. The fees,
costs and expenses with respect to the foregoing shall be paid from the proceeds of the sale of
the Certificates or any other legally available moneys.
Section 6. Miscellaneous. Each Authorized Officer and any other agent or employee of the
City is hereby authorized and empowered to take such other actions and execute and deliver
such other instruments and agreements, including appropriate tax certifications and other
City of Brookings
August 28, 2012
163
closing certificates, as may be necessary or appropriate for the purposes of consummating the
transactions contemplated herein, the necessity therefor and the appropriateness thereof to be
evidenced conclusively by any such Authorized Officer's taking any such action or executing and
delivering any such instrument, agreement or certificate and all actions taken heretofore and
hereafter pursuant to the authority hereof are hereby authorized, ratified and approved for and
as the actions of the City.
Passed, Adopted, and Approved this 28th day of August, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
August 28, 2012
164
CERTIFICATE OF PARTICIPATION (BROOKINGS HEALTH SYSTEM
PROJECT), SERIES 2012
EVIDENCING PROPORTIONATE INTEREST OF THE OWNERS IN A LEASE
AGREEMENT
BETWEEN
FIRST BANK AND TRUST
AND
CITY OF BROOKINGS, SOUTH DAKOTA
REGISTERED REGISTERED
No. $000 .00
Interest Rate Maturity Date Certificate Date CUSIP No.
%
Registered Owner: First Bank and Trust
PO Box 5057
Brookings, SD 57006
Tax ID:
Principal Amount: DOLLAR LONG AND NO\100 DOLLARS
This is to certify that the registered owner (named above) of this Certificate of Participation
(herein called the “Certificate”) is the owner of the proportionate interest hereinafter stated in
that certain Lease Agreement, dated as of ____________________ (the “Lease”), by and
between First Bank and Trust (“Trustee”) and the City of Brookings, South Dakota (the
“City”). The Trustee has appointed itself (the “Registrar”), as registrar, transfer agent and
paying agent for the Certificates, under a Declaration of Trust dated _________________ by
and between the Trustee and the City (the “Trust Agreement”).
The registered owner of this Certificate is entitled to receive, subject to the terms of the Trust
Agreement, on the maturity date specified above (the “Maturity Date”), or if selected for
redemption, on the redemption date, the principal sum specified above, representing a portion
of the Lease Payment designated as principal coming due on the Payment Date, as defined in the
Lease, immediately preceding the Maturity Date, and to receive the registered owner’s
proportionate share of Lease Payments designated as interest coming due on the Payment Date,
as defined in the Lease, immediately preceding the 1st day of ______ and the 1st day of
____________ of each year commencing ____________________, and continuing to and
including the Maturity Date or the date of redemption, whichever is earlier. Said proportionate
share of the Lease Payments designated as interest is the result of the multiplication of the
aforesaid portion of the Lease Payment designated as principal coming due on the Payment
Date, as defined in the Lease, immediately preceding the Maturity Date by the interest rate
specified above per annum.
Reference is made to the further provisions of this Certificate set forth on the reverse hereof
which shall for all purposes have the same effect as though fully set forth herein.
City of Brookings
August 28, 2012
165
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things
required by the Constitution and statutes of the State of South Dakota and the Trust
Agreement to exist, to have happened and to have been performed precedent to and in the
delivery of this Certificate, exist, have happened and have been performed in due time, form
and manner as required by law.
IN WITNESS WHEREOF, this Certificate has been executed by the manual signature of an
authorized officer of the Trustee.
Dated:
FIRST BANK AND TRUST
As Trustee
By:
_________________________________
Authorized Representative
City of Brookings
August 28, 2012
166
The Certificates are payable from the Lease Payments (as defined in the Lease) and the moneys
held in the funds and accounts established pursuant to the Trust Agreement, by the Trustee
subject to the provisions of the Trust Agreement permitting the application thereof for or to
the purposes and on the terms and conditions set forth in the Trust Agreement. Terms not
defined herein shall have the meaning set forth in the Trust Agreement. The obligation of the
City to make Lease Payments is absolute and unconditional subject only to the annual
appropriation of Lease Payments for the then current fiscal year.
THE LEASE PAYMENTS AND, CONSEQUENTLY, THE CERTIFICATE PAYMENTS ARE
PAYABLE SOLELY FROM THE CITY'S AVAILABLE REVENUES. THE LEASE PAYMENTS ARE
SUBJECT TO ANNUAL APPROPRIATION BY THE CITY'S GOVERNING BODY. THE
CERTIFICATE PAYMENTS OF PRINCIPAL AND INTEREST AND THE PAYMENTS FROM
THE CITY UNDER THE LEASE AGREEMENT AND THE CONTRACTUAL OBLIGATION
OF THE CITY UNDER THE LEASE AGREEMENT DO NOT EXTEND BEYOND THE
CURRENT FISCAL YEAR TERM NOR DO THEY CONSTITUTE A GENERAL OBLIGATION
OR PLEDGE OF FAITH OR CREDIT OF THE CITY, THE STATE OF SOUTH DAKOTA OR
ANY OTHER POLITICAL SUBDIVISION OR AGENCY THEREOF WITHIN THE MEANING
OF THE CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION.
The Trustee has no obligation or liability to the Certificate owners for the payment of interest
or principal portions pertaining to the Certificates; the Trustee’s sole obligation is to
administer, for the benefit of the City and the Certificate owners, the various funds and
accounts established in the Trust Agreement. The Trustee has no obligation to pay any portion
of the interest or principal pertaining to the Certificates from any source other than the funds
and accounts established in the Trust Agreement as described herein and the payment of such
interest or principal is not a liability or charge upon the credit of the Trustee.
All amounts payable hereunder are to be paid in lawful money of the United States of America,
which at the time of payment is legal tender. The principal payable on all Certificates shall be
payable at the principal office of the Registrar. Interest payable on all Certificates shall be paid
by electronic transfer, check or draft of the Registrar mailed or transferred on the Payment
Dates to the owners at their addresses recorded on the Certificate register.
This Certificate has been executed by the Trustee pursuant to the terms of the Trust
Agreement. Copies of the Trust Agreement are on file at the office of the City Finance
Manager and at the principal office of the Trustee, and reference to the Trust Agreement and
any and all amendments thereto is made for a description of the pledges and covenants of the
City securing the Certificates, the nature, extent and manner of enforcement of such pledges,
the rights and remedies of the registered owners of the Certificates with respect thereto and
the other terms and conditions upon which the Certificates are delivered thereunder. To the
extent and in the manner permitted by the terms of the Trust Agreement, certain provisions of
the Trust Agreement may be amended by the parties thereto without consent of the owners of
the Certificates, while other amendments are permitted only with the written consent of the
owners of at least two-thirds in principal amount of the Certificates then outstanding.
This Certificate shall be transferable only upon the Certificate register, which shall be kept for
that purpose at the principal office of the Registrar, upon surrender hereof together with a
City of Brookings
August 28, 2012
167
written instrument of transfer satisfactory to the Registrar duly executed by the registered
owner or the owner’s duly authorized attorney. Upon the registration of the transfer, and the
surrender of this Certificate, the Registrar shall provide in the name of the transferee, a new
fully registered Certificate or Certificates of the same maturity and aggregate principal amount
as the surrendered Certificates. The Registrar may treat the registered owner hereof as the
absolute owner hereof for all purposes, and the Registrar shall not be affected by any notice to
the contrary.
The Certificates are issuable in the form of fully registered certificates without coupons in
denominations of $5,000 or any integral multiple thereof. The Certificates, upon surrender
thereof at the principal office of the Registrar with a written request for exchange satisfactory
to the Registrar duly executed by the registered owner or the owner’s attorney duly
authorized in writing, may be exchanged for an equal aggregate principal amount of fully
registered Certificates without coupons of any other authorized denomination of the same
maturity.
Redemption
Optional Redemption. The Certificates maturing after ______________ are subject to optional
redemption by the City in whole or in part at any time on or after __________________, at
a redemption price equal to the principal amount of the Certificates being redeemed plus a
premium equal to a percentage of the principal amount of the Certificates being redeemed, as
set forth in the table below, plus the full amount of the unpaid interest thereon accrued to the
redemption date:
Redemption Date Premium
Selection of Certificates for Redemption. The Certificates shall be called for redemption in inverse
order of maturity dates; if less than all Certificates maturing on the same date are to be
redeemed, the Certificates shall be selected by lot in such manner as the Trustee shall
determine; provided that the portion of any Certificate to be redeemed shall be in the principal
amount of $5,000 or any integral multiple thereof.
Notice of Redemption. When redemption is authorized or required, the Trustee shall give the
owners of the Certificates to be redeemed notice of the redemption of their Certificates. Such
notice shall specify: (a) the Certificates to be redeemed; (b) the date of redemption; and (c) the
place or places where the redemption will be made. Such notice shall further state that on the
specified redemption date interest on the Certificates to be redeemed shall cease to accrue and
be payable.
Notice of such redemption shall be given not less than 30 days prior to the redemption date by
mailing first class, postage prepaid, copies thereof to the owners whose Certificates are to be
redeemed. Failure to mail such notice and any defect in such notice shall not affect the validity
of the proceedings for the redemption of any Certificate not affected by such failure or defect.
City of Brookings
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168
Additional Certificates; Additional Facilities Obligations
The City will not cause the issuance of any obligations having a lien on the Trust Estate with
respect to the Facilities or payable from the Hospital Fund except for Additional Certificates
issued pursuant to the Lease without the written consent of 60% of the Certificate Holders.
The City will not incur any obligations except for Additional Facilities Obligation issued
pursuant to the Trust Agreement.
[ADDITIONAL DEBT PROVISIONS]
Certificate Opinion
[CERTIFICATE OPINION]
(Form of Assignment)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________
______________________________________________________________________
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
________________________________________ attorney to transfer the within
Certificate on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:_________________________________________________________________
NOTICE: The signature to this Assignment
must correspond with the name as it appears
upon the face of the within Certificate in every
particular, without alteration or enlargement or
any change whatever.
City of Brookings
August 28, 2012
169
Prepared by:
Meierhenry Sargent LLP
315 S. Phillips Avenue
Sioux Falls, SD 57104
(605) 336-3075
GROUND LEASE AGREEMENT
between
CITY OF BROOKINGS, SOUTH DAKOTA
as lessor
and
FIRST BANK AND TRUST, BROOKINGS, SOUTH DAKOTA
in its capacity as Trustee under the Declaration
of Trust described herein,
as lessee
Dated as of ______________, 2012
City of Brookings
August 28, 2012
170
THIS GROUND LEASE AGREEMENT, made as of this ______ day of ____________ 2012,
by and between CITY OF BROOKINGS, SOUTH DAKOTA, a political subdivision of the State
of South Dakota (the “City”), as lessor, whose address is PO Box 270, Brookings, South
Dakota 57006 and FIRST BANK AND TRUST, a bank organized under the laws of the state of
South Dakota (the “Trustee”), whose address is PO Box 5057, Brookings, South Dakota 57006,
as lessee, in its capacity as trustee under that certain Declaration of Trust, of even date
herewith, by the Trustee and joined in by the City.
WITNESSETH
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as
follows:
ARTICLE I
DEMISE OF PREMISES AND WARRANTIES
Section 1.01. Demise. Subject to and upon the terms, conditions, covenants and
undertakings hereinafter set forth, the City hereby leases and permits the use to, and the
Trustee hereby leases from the City, the property described in Exhibit A attached hereto,
located in Brookings, South Dakota including all buildings, structures and improvements
thereon (hereinafter called the “Premises”).
Section 1.02. Covenants and Warranties. The City covenants and warrants to the
Trustee:
(1) That the City has good and merchantable title to the Premises, has authority to enter
into, execute and deliver this Ground Lease, and has duly authorized the execution and delivery
of this Ground Lease,
(2) That the Premises are not subject to any dedication, easement, right of way, reservation
in patent, covenant, condition, restriction, lien or encumbrance which would prohibit or
materially interfere with the renovation, construction and equipping of certain buildings and
other improvements (hereinafter called the “Facilities”) on the Premises, as contemplated by
that certain Lease Agreement by and between the City and the Trustee of even date herewith
(hereinafter called the “Agreement”);
(3) That all taxes, assessments or impositions of any kind with respect to the Premises,
except current taxes, have been paid in full;
(4) That the Premises are properly zoned for the purpose of the Facilities; and
(5) That the City has authority to enter into, execute and deliver the Agreement, and has
duly authorized its execution and delivery.
(6) That the City’s governing body is of the opinion that this Ground Lease best serves the
needs of the City.
ARTICLE II
TERM AND RENT
Section 2.01. Term. The term of this Ground Lease shall commence as of the day and year
first above written, and shall end on ____________, ______.
City of Brookings
August 28, 2012
171
Section 2.02. Rent. The rent for the period from _______________, 2012 to and including
___________, _____________, shall be One Dollar ($1.00) payable in one installment in
advance on the date hereof. The rent for the extended term, if any, shall be One Dollar ($1.00)
payable in one installment in advance on _________, __________.
ARTICLE III
USE OF PREMISES ADDITIONAL COVENANTS
Section 3 01. Use. The Trustee shall not use or permit the use of the Premises for any
unlawful purpose.
Section 3.02. Quiet Enjoyment. The City covenants that upon the Trustee’s paying the
rent reserved herein, and performing all conditions and covenants set forth in this Ground
Lease and the Agreement, the Trustee shall and may peaceably have, hold and enjoy the
Premises for the term of this Ground Lease. The Trustee covenants that upon expiration of
this Ground Lease, either on the date specified in Section 2.01 hereof or earlier pursuant to the
terms of the Agreement, it shall give the City peaceable possession of the Premises, together
with the Facilities and any other improvements constructed thereon pursuant to the
Agreement.
Section 3.03. Assignment and Subletting. The Trustee shall have the right to assign its
interest in this Ground Lease, and to sublet the Premises in accordance with the Agreement.
Section 3.04. Environmental Matters. The City represents and warrants that it has no
knowledge of the presence of hazardous or toxic waste, materials or substances (“Hazardous
Materials”) within the meaning of any federal, state or local law or regulation relating to
environmental matters, on or about the Premises. The City further agrees that it will indemnify,
defend and hold harmless the Trustee, its directors, officers, employees and agents, and any
assignee of the Trustee, without payment being made by the Trustee, from and against any and
all claims, demands, suits, liabilities and costs (including without limitation, attorneys’ fees, and
costs and expenses of investigation and proof) arising out of any violation or asserted violation
of any environmental law or regulation or out of the presence on the Premises of any
Hazardous Materials.
Section 3.05. Additional Covenants. In the event that any person or entity, however
organized (other than the Trustee or any assignee of the Trustee), shall be determined to hold
any interest that in any manner affects the City’s good and merchantable title to the Premises,
the City shall use its best efforts to acquire the interest so held, such acquisition to be made at
the City’s sole cost and expense. The City hereby agrees to save and keep harmless the
Trustee, or any assignee of the Trustee, from and against any and all liabilities, obligations,
losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’
fees) of whatever kind and nature, imposed on, incurred by or asserted against the Trustee, or
any assignee of the Trustee, that in any way relate to or arise out of the assertion of any
interest affecting the City’s good and merchantable title to the Premises by any person or
entity, however organized (other than the Trustee or any assignee of the Trustee).
City of Brookings
August 28, 2012
172
ARTICLE IV
DEFAULT: REMEDIES
Section 4.01. Default. A “default” or an “event of default” shall have occurred if the Trustee
shall fail to observe or perform any of the obligations of the Trustee otherwise provided herein.
Section 4.02. Lessor’s Remedies. Upon the occurrence of an event of default by the
Trustee hereunder, which shall remain uncured for thirty (30) days after receipt by the Trustee
of written notice of such event of default, the City may thereafter or any time subsequently
during the existence of such breach or default; (1) enter into and upon the Premises and
repossess the same, expelling and removing therefrom all persons and property, and (ii)
terminate this Ground Lease, holding the Trustee liable for damages for its breach, including
reasonable attorneys fees and costs.
ARTICLE V
BINDING EFFECT: SUCCESSORS AND ASSIGNS
Section 5.01. Binding Effect. This Ground Lease shall be binding upon, and inure to the
benefit of, the parties hereto, and their successors and assigns.
Section 5.02. Severability. In the event any provision, of this Ground Lease shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
Section 5.03. Amendments Changes and Modifications. This Ground Lease may be
amended or any of its terms modified only by written amendment authorized and executed by
the City and the Trustee; provided that no such amendment shall be effective without the
consent of the Trustee or any other person or entity to whom the rights of the Lessor to
receive Ground Lease Payments due hereunder has been assigned.
Section 5.04. Further Assurances and Corrective Instruments. The Trustee and the
City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments
as may reasonably be required for correcting any inadequate or incorrect description of the
Land and Facilities or for carrying out the expressed intention of this Ground Lease.
IN WITNESS WHEREOF, the parties hereto have executed Ground Lease as of the date
first above written.
CITY OF BROOKINGS, SOUTH DAKOTA
By: ______________________________
Its: Mayor
ATTEST:
_____________________________
City Clerk
City of Brookings
August 28, 2012
173
STATE OF SOUTH DAKOTA }
:SS
COUNTY OF BROOKINGS }
On this ___________ day of ___________________ 2012, before me, a notary public
personally appeared __________________ and ________________, to me personally
known to be the Mayor and City Clerk of CITY OF BROOKINGS, SOUTH DAKOTA, a
municipality of the State of South Dakota, the City Officials referred to in the. foregoing
instrument; that the seal affixed to said instrument is the corporate seal of said political
subdivision; that said instrument was signed and sealed in behalf of the City having been
authorized by the governing board of the City; and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said City.
______________________________________
Notary Public-South Dakota
My Commission Expires:
COUNTERSIGNED
______________________________
Resident Attorney
FIRST BANK AND TRUST
TRUSTEE
By _____________________________
Its Vice President
STATE OF SOUTH DAKOTA }
:SS
COUNTY OF BROOKINGS }
On this ______ day of ____________________ 2012, before me, a Notary Public,
personally appeared ________________, to me personally known, who, being duly sworn, did
say that he is a Vice President of First Bank and Trust, the association referred to in the
foregoing instrument; that said instrument was signed and sealed in behalf of said association by
authority of its Board of Directors; and he acknowledged said instrument to be the free act and
deed of said association.
______________________________________
Notary Public
My Commission Expires:
EXHIBIT A - Legal Description
City of Brookings
August 28, 2012
174
Prepared by
Meierhenry Sargent LLP
315 S. Phillips Avenue
Sioux Falls, SD 57104
(605) 336-3075
LEASE AGREEMENT
between
FIRST BANK AND TRUST, as Trustee
Lessor
and
CITY OF BROOKINGS, SOUTH DAKOTA
as Lessee
Dated as of August __, 2012
City of Brookings
August 28, 2012
175
THIS LEASE AGREEMENT is dated as of _________________ 2012 (this “Lease”), by
and between First Bank and Trust, Brookings, South Dakota, a banking association duly
organized and existing under the laws of the state of South Dakota (the “Trustee”), as lessor,
and the City of Brookings, South Dakota, a political subdivision of the State of South
Dakota (the “City”), as lessee;
WITNESSETH:
WHEREAS, the City is authorized by SDCL Chapters 34-9 and 9-12 to acquire by lease such
items of real and personal property as are needed to carry out its governmental and
proprietary functions, and to acquire such real and personal property by entering into lease
contracts; and
WHEREAS, the City has determined that it is necessary for it to lease pursuant to this Lease
certain interests in real property described on Exhibit A hereto (the “Land”), together with
certain buildings, structures and improvements to be constructed and equipped thereon (the
“Facilities”); and
WHEREAS, the Trustee is willing to acquire a leasehold interest in the Land and title to the
Facilities and to lease on an annual appropriation basis with the option to purchase the same to
the City, pursuant to this Lease.
NOW THEREFORE, in the joint and mutual exercise of their powers, and in consideration of
the mutual covenants herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. For the purposes of this Lease and the Exhibits attached hereto,
the terms defined in the Trust Agreement and capitalized herein shall have the meaning
ascribed to them in the Trust Agreement, unless the context requires some other meaning. In
addition, the terms defined in this Section 1.1 shall have the meanings herein specified.
“Act of Bankruptcy” means any of the following events:
(i) The City shall (a) apply for or consent to the appointment of, or the taking of
possession by, a receiver, custodian, trustee, liquidator or the like of the City or of all
or a substantial part of either of their property, (b) commence a voluntary case under
the Federal Bankruptcy Code (as now or hereafter in effect), or (c) file a petition
seeking to take advantage of any other law relating to bankruptcy, insolvency,
reorganization, winding-up or composition or adjustment of debts, or
(ii) A proceeding or case shall be commenced, without the application or consent of the
City, as the case may be, in any court of competent jurisdiction, seeking (a) the
liquidation, reorganization, dissolution, winding-up, or the composition or adjustment of
debts of the City (b) the appointment of a trustee, receiver, custodian, liquidator or the
like of the City or of all or any substantial part of the assets of the City, or (c) similar
relief in respect of the City under any law relating to bankruptcy, insolvency,
City of Brookings
August 28, 2012
176
reorganization, winding-up or composition or adjustment of debts, and such proceeding
or case has not been dismissed within sixty (60) days of the filing thereof.
“Additional Facilities Obligations” means a lease purchase agreement or certificates of
participation in a lease purchase agreement covering all or any portion of the Facilities, or other
debt obligations secured by a lien or encumbrance against the Facilities.
“Annual Appropriation” means the appropriations set forth in an annual appropriation
ordinance of the City for a fiscal year which appropriates amounts for each function of the City
for such Fiscal Year, published no later than December 31 of the preceding fiscal year.
“Authorized Officer” means (i) for the Trustee, its Vice President, and (ii) for the City, its
Mayor, Clerk and Finance Manager.
“Bond Counsel” means an attorney or law firm with demonstrated expertise as bond counsel in
connection with the issuance of state and local government obligations and attendant federal
income tax matters.
“Certificates” means the Certificates of Participation prepared and delivered by the Trustee
pursuant to the Trust Agreement.
“City” means the City of Brookings, Brookings County, South Dakota.
“Closing Date” means the date upon which the Certificates are delivered to the Original
Purchaser.
“Code” means the Internal Revenue Code of 1986, as amended. All references herein to
sections of the Code are to sections thereof as they exist on the date of execution of this
instrument, but include any amendment of the provisions thereof.
“Completion Date” means the date of completion of construction of the Facilities, established
in accordance with Section 3.2 hereof.
“Construction Cost” means all costs incident to the construction of the Facilities, including
without limitation general contract costs, architectural fees, consulting fees, soil testing,
surveying, title work, site preparation, utilities extension, curb and gutter, landscaping, paving,
and equipment and furnishings.
“Cost of Issuance” means any cost incurred in connection with the preparation of this Lease,
the Ground Lease, the Trust Agreement and the private placement of the Certificates with
Original Purchaser.
“Expenses” means, for any period, the aggregate of all expenses of the Hospital Fund calculated
under generally accepted accounting principles for such period, exclusive of (i) interest on the
Certificates and other Long-Term Debt, (ii) depreciation and amortization and
(iii) extraordinary expenses (including without limitation losses on the sale of assets other than
City of Brookings
August 28, 2012
177
in the ordinary course of business, losses on the extinguishment of debt and unrealized losses
on investments).
“Facilities” means the skilled nursing facility currently under construction and to be leased by
the Trustee to the City pursuant to this Lease, including additions, expansions and
improvements.
“Fiscal Year” means the twelve month fiscal period of the City which commences on any
January 1 and ends on the following December 31.
“Hospital Fund” means the hospital enterprise fund of the City.
“Income Available for Debt Service” means, for any fiscal period, the excess of Revenues over
Expenses of the Hospital Fund.
“Independent Counsel” means an attorney duly admitted to the practice of law before the
highest court of the State of South Dakota who is not a full time employee of the Trustee or
the City.
“Initial Lease Term” means initial term of this Lease commencing on the Closing Date and
ending on December 31, 2012.
“Interest Component” means the portion of any Lease Payment designated as and comprising
interest as shown on Exhibit B.
“Issue Price” means the aggregate Principal Component of the Lease Payments, less any original
issue discount and plus any original issue premium.
“Land” means the real property described on Exhibit A.
“Lease Payments” means the payments due from the City to the Trustee on each Lease
Payment Date during the Term of this Lease as shown on Exhibit B.
“Lease Payment Date” means the date upon which any Lease Payment is due and payable as
shown on Exhibit B.
“Long Term Debt” means indebtedness, including capitalized leases and lease purchase
obligations, having an original stated maturity or term greater than one year or renewable at
the option of the debtor for a period greater than one year from the date of original issuance
which are not secured by any lien or encumbrance on the Facilities.
“Net Proceeds” means any insurance proceeds paid with respect to the Facilities remaining
after payment therefrom of all expenses incurred in the collection thereof.
“Original Purchaser” means First Bank and Trust, Brookings, South Dakota.
City of Brookings
August 28, 2012
178
“Permitted Encumbrances” means as of any particular time: (i) liens for taxes and assessments
not then delinquent, or which the City may, pursuant to provisions of Section 5.3 hereof,
permit to remain unpaid, (ii) the Ground Lease, this Agreement and amendments hereto or
thereto, (iii) the Trustee’s interest in the Facilities, (iv) any mechanic’s, laborer’s, materialmen’s,
supplier’s or vendor’s lien or right not filed or perfected in the manner prescribed by law, other
than any lien which the City may, pursuant to Section 5.2 hereof, permit to remain unpaid; and
(v) encumbrances disclosed on Exhibit A hereto.
“Preliminary Expenditures” means Costs of Issuance or Construction Costs which (i) were
incurred prior to the Closing Date, (ii) do not, in the aggregate, exceed 20% of the Issue Price
of the Certificates and (iii) if Construction Costs, are of the following types: architectural,
engineering, soil testing, surveying, site preparation, and similar costs incident to
commencement of construction.
“Principal and Interest Requirements” means, for any Fiscal Year, the amount required to pay
the principal of and interest on all Long Term Debt coming due during such Fiscal Year. For
purposes of calculating Principal and Interest Requirements in the Fiscal Year including the final
maturity of any Long Term Debt, amounts on deposit in a reserve account with respect to such
Long Term Debt, if any, shall be deducted from the amount of principal considered owing on
such Long Term Debt.
“Principal Balance” means the sum of all unpaid Principal Components as shown on Schedule B.
“Principal Component” means that portion of any Lease Payments designated as principal on
Schedule B.
“Purchase Price” means the sum of the Principal Balance plus interest accrued to the date of
purchase, plus any applicable prepayment penalty or premium.
“Rebate Certificate” means the Rebate Certificate described in Section 5.6 hereof, to be
executed and delivered by the City on the Closing Date.
“Renewal Lease Term” means each Fiscal Year for which an Annual Appropriation has been
made for the payment of the Lease Payments coming due during such Fiscal Year.
“Resolution” means the resolution of the governing body of the City adopted on August 28,
2012, as it may be amended from time to time.
“Revenues” means, for any fiscal period of the Hospital Fund, the sum of its (a) gross patient
and resident service revenues less contractual allowances and provisions for uncollectible
accounts and free care, plus (b) other operating revenues, plus (c) non-operating revenues
available for the payment of operation and maintenance expenses and payments on the
Certificates and other Long Term Debt, but excluding extraordinary revenues (including
without limitation gains on the sale of assets other than in the ordinary course of business and
unrealized gains on investments), all as determined in accordance with generally accepted
accounting principles.
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“Short Term Debt” means indebtedness having an original stated maturity or term of less than
one year or which is callable at the option of the lender on a date that is less than one year
from the date of original issuance, but shall not include accounts payable of the Hospital Fund.
“State” means the State of South Dakota.
“State and Federal Laws” means the Constitution and any laws of the State, any rule or
regulation of any agency or political subdivision of the State, any law of the United States, and
any rule or regulation of any federal agency.
“Term of this Lease” or “Lease Term” means the period during which this Lease is in effect as
provided in Section 4.1.
“Trust Agreement” means the Declaration of Trust, of even date herewith, by the Trustee and
the City, and any amendment thereof or supplement thereto.
“Trust Fund” means the trust fund created in Section 4.01 of the Trust Agreement.
“Trustee Prime Rate” means the rate of interest publicly announced by the Trustee from time
to time as its prime rate.
Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part
of this Lease:
Exhibit A: (1) A legal description of the Land, (2) a description of Facilities being leased
by the City pursuant to this Lease, and (3) a listing of Permitted Encumbrances.
Exhibit B: The schedule of Lease Payments to be made by the City during the Term of
this Lease, together with the Principal Components, Interest Components, and the
prepayment provisions thereof.
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2.1. Representations Covenants and Warranties of the City. The City
represents, covenants and warrants as follows:
(a) The City is authorized under the Constitution and laws of the State to enter into this
Lease and the transactions contemplated hereby, and to perform all of its obligations
hereunder.
(b) This Lease is entered into under authority of and pursuant to South Dakota Codified
Laws Chapters 34-9 and 9-12, as amended.
(c) The officers of the City executing this Lease have been duly authorized to do so.
(d) The Facilities will be used during the Term of the Lease primarily to carry out the
governmental or proprietary purposes of the City and its departments, agencies, institutions,
instrumentalities and political subdivisions.
(e) Each year the City’s Finance Manager will present to the governing body of the City for
inclusion in the Annual Appropriation ordinance an appropriation sufficient to pay all Lease
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Payments coming due in the ensuing fiscal year and other obligations of the City under this
Lease, as provided in Section 3.5 hereof. However, nothing contained in this lease shall be
construed to constitute a lease for a term of years or to extend the term of this Lease beyond
any single Fiscal Year.
(f) If this Lease is deemed reissued, it may be designated as a “qualified tax-exempt
obligation” within the meaning of Section 265(b) (3) of the Code. The City will not designate,
or request any other governmental entity to designate on its behalf, more than $10,000,000 of
its obligations as “qualified tax-exempt obligations” in the calendar year of issuance.
(g) If the Lease is reissued as a tax-exempt obligation, this Lease shall be a registered lease,
the holder thereof evidenced on the registration books of the Brookings County Register of
Deeds.
(h) The City agrees that it will not take any action which would have the effect of subjecting
any Interest Component to be paid hereunder to federal income taxation nor will the City fail
to take any action which failure could result in subjecting any Interest Component to be paid
hereunder to federal income taxation.
(i) The City covenants and agrees that, so long as the Lease is in effect, it will not withdraw or
apply any revenues or moneys of the Hospital Fund for other than Hospital Fund purposes.
Section 2.2. Representations, Covenants and Warranties of the Trustee. The
Trustee represents, covenants and warrants as follows:
(a) The Trustee is a national bank duly organized and existing under the laws of the United
States of America, is duly qualified, in good standing and authorized to transact business in the
State, has the power to enter into this Lease, is possessed of full power to own and hold real
and personal property and to sell the same, and has duly authorized the execution and delivery
of this Lease.
(b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with
the terms and conditions hereof, nor the consummation of the transactions contemplated
thereby, conflicts with or results in a breach of the terms, conditions or provisions of any
restriction or any agreement or instrument to which the Trustee is now a party or by which
the Trustee is bound, constitutes a default under any of the foregoing, or results in the creation
or imposition of any lien, charge or encumbrance whatsoever upon any of the property or
assets of the Trustee, or upon the Land and the Facilities except for Permitted Encumbrances.
ARTICLE III
ACQUISITION, CONSTRUCTION AND LEASE OF FACILITIES;
APPROPRIATION OF LEASE PAYMENTS
Section 3.1. Construction Costs. The City has caused estimates of the Construction
Costs to be prepared. Based on such estimates, the total Construction Costs are estimated to
be not less than $15,050,000. In order to provide the moneys needed to pay the Construction
Costs when due, and in consideration of the actions agreed to be performed by the City under
this Lease, the Trustee has entered into the Trust Agreement, pursuant to which the Original
Purchaser will pay to the Trustee the sum of $10,000,000, and the Trustee agrees that it will
apply that money as provided in Section 4.01 of the Trust Agreement.
Section 3.2. Acquisition and Construction of Facilities; Payment of Cost.
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(a) The Trustee shall establish the Trust Fund and the proceeds of the issuance and sale of
the Certificates shall be deposited into the Trust Fund, all in accordance with the provisions of
the Trust Agreement.
(b) The Trustee shall cause the Facilities to be completed with all reasonable dispatch. The
Trustee hereby appoints the City as its agent for the purpose of construction of the Facilities
and the City may perform the same itself or through its agents, and may make or issue such
contracts, orders, receipts and instructions, and in general do all such other things as it may in
its sole discretion consider requisite or advisable for the completion of the Facilities and for
fulfilling its obligations under this Article III. The City shall have full authority and the sole right
under this Lease to supervise and control, directly or indirectly, all aspects of the construction
of the Facilities, and covenants to the Trustee that it will exercise such authority in a manner
which will cause the Facilities to be completed with all reasonable dispatch.
The City further agrees that it will indemnify, as allowable by South Dakota law, defend and
hold harmless the Trustee and the Original Purchaser, their directors, officers, employees and
agents and any assignee of the Trustee or the Original Purchaser, without payment being made
by the Trustee or the Original Purchaser, from and against any and all claims, demands, suits,
liabilities and costs (including without limitation, attorneys’ fees and costs and expenses of
investigation and proof) arising out of the completion of the Facilities, or any contract or matter
related thereto.
The moneys on deposit in the Construction Account in the Trust Fund shall be applied by the
Trustee as provided in this Section and as otherwise provided in Article IV of the Trust
Agreement. Until the moneys on deposit in the Construction Account are so applied, such
moneys shall be subject to the lien of the Trust Agreement, and the City shall have no right,
title or interest therein except as expressly provided in this Lease and the Trust Agreement.
(c) Disbursements from the Construction Account are to be made to the City or to its
order, upon receipt by the Trustee of executed and approved draw requests in substantially the
form of Exhibit A to the Trust Agreement; provided that requests for disbursements with
respect to Costs of Issuance shall be made in accordance with City requests submitted
pursuant to paragraph (f) of this Section. The City shall be entitled to reimbursement from the
Construction Account for Costs of Issuance and Construction Costs incurred and paid on or
after the Closing Date and for Preliminary Expenditures.
(d) If the moneys in the Construction Account, together with any other moneys made
available to pay the Construction Costs shall not be sufficient to pay the Construction Costs in
full, then the City shall pay all that portion of the Construction Costs in excess of the moneys
available therefore.
If the City shall make any payments pursuant to this paragraph (d), it shall not be entitled to any
reimbursement therefore from the Trustee or the holders of the Certificates, nor shall it be
entitled to any diminution in or postponement of the payment of the Lease Payments or the
payment of any other amounts payable under this Lease.
(e) The Completion Date shall be the date on which the Facilities are completed in their
entirety and ready to be placed in service, all as determined by the City. Promptly after the
Completion Date, the City shall submit to the Trustee a certificate signed by an officer of the
City, which shall specify the Completion Date and shall state that construction of the Facilities
has been completed and the Construction Costs have been paid, except for any portion thereof
which has been incurred but is not then due and payable, or the liability for the payment of
which is being contested or disputed by the City and for the payment of which the Trustee is
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directed to retain specified amounts of moneys within the Construction Account.
Notwithstanding the foregoing, such certificate may state that it is given without prejudice to
any rights against third parties which exist at the date thereof or which may subsequently come
into being.
(f) The City shall be entitled to withdraw money from the Construction Account in payment
of any item constituting a Cost of Issuance by furnishing the Trustee a Disbursement Request as
provided in Section 4.2 of the Trust Agreement. The City agrees that it will pay promptly all
expenses constituting Costs of Issuance, whether or not reimbursed therefore from the
Construction Account.
(g) The City shall indemnify and hold harmless the Trustee against any loss, cost or damage
(including without limitation attorneys’ fees and costs of investigation and proof) suffered by the
Trustee as a result of any disbursement made by the Trustee at the request of the City
pursuant to a Disbursement Request as provided in Section 4.2 of the Trust Agreement.
Section 3.3. Lease and Option to Purchase Facilities. The Trustee hereby leases to the
City with the option to purchase (i) its leasehold interest in the Land and (ii) the Facilities, and
the City hereby leases for the Initial Lease Term and any Renewal Lease Term the Trustee’s
interest in the Land and the Facilities from the Trustee, upon the terms and conditions set forth
in this Lease.
The Land and Facilities are leased with the option to purchase in their present condition
without representation or warranty of any kind by the Trustee, subject to the rights of parties
in possession, to the existing state of title, to all applicable legal requirements now or
hereinafter in effect, and to Permitted Encumbrances. The City has examined the Land and title
thereto and has found all of the same to be satisfactory for the purposes of this Lease.
Section 3.4. Lease Payments. Subject to the provisions of Section 4.2, the City shall pay to
the Trustee the Lease Payments at the times set forth in the attached Exhibit B. Each aggregate
annual payment of Lease Payments due hereunder shall be for the right to possess the Land and
the Facilities for the Fiscal Year in which moneys have been appropriated by the governing body
of the City. The City shall pay the appropriated Lease Payments due hereunder to the Trustee
at its principal office.
Section 3.5. Budgeting and Appropriation. For each Fiscal Year during the Term of this
Lease the City covenants to determine the means of providing funds for the Lease Payments for
such fiscal year and shall include the Lease Payments it in its Annual Appropriation ordinance.
The City shall have the right to terminate this Lease, in whole but not in part, at the end of any
Fiscal Year of the City, in the manner and subject to the terms specified in this Section, in the
sole event that the governing body of the city fails to appropriate money sufficient for the
continued performance of this Lease by the City for the next Fiscal Year, as evidenced by the
passage of a resolution specifically prohibiting the City from performing its obligations under
this Lease and from using any moneys to pay the Lease Payments due under this Lease in the
next succeeding Fiscal Year and all subsequent Fiscal Years. The City shall effect such
termination by giving the Lessor written notice of termination as provided in this Section and
by paying to the Lessor any Lease Payments and other amounts which are due and have not
been paid at or before the end of its then current Fiscal Year. The City shall give notice to the
Lessor of termination pursuant to this Section no later than the November 1 immediately
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preceding the termination of this Lease. In the event of termination of this Lease as provided in
this Section, the Lessee shall deliver possession of the Land and the Facilities to the Lessor and
shall convey to the Lessor or release its interest in the Land and the Facilities within ten (10)
days after the termination of this Lease. Upon termination of this Lease as provided in this
Section, the City shall not be responsible for the payment of any Lease Payment coming due
with respect to succeeding Fiscal Years, but if the City has not delivered possession of the Land
and the Facilities to the Lessor and conveyed to the Lessor or released its interest in the Land
and the Facilities within ten (10) days after the termination of this Lease, the termination shall
nevertheless be effective, but the Lessee shall be liable for the payment of damages in an
amount equal to the amount of the Lease Payments thereafter coming due under Section 4.01
hereof which is attributable to the number of days after such ten (10) day period during which
the City fails to take such actions and for any other loss suffered by the Lessor as a result of the
City’s failure to take such actions as required.
Section 3.6. Quiet Enjoyment. The Trustee hereby covenants to provide the City during
the Lease Term with quiet use and enjoyment of the Land and the Facilities, and the City during
such term may peaceably and quietly have and hold and enjoy the same, without suit, trouble or
hindrance from the Trustee, except as expressly set forth in this Lease. The Trustee will, at the
request of the City and at the City’s cost, join in any legal action in which the City asserts it
rights to such possession and enjoyment to the extent the Trustee may lawfully do so.
Section 3.7. Lessor Access to Land and Facilities. The Lessor shall have the right at all
reasonable times to examine and inspect the Land and the Facilities, and shall have such rights
of access to the Land and the Facilities as may be reasonably necessary to cause the proper
maintenance thereof in the event of failure by the City to perform its obligations hereunder.
Section 3.8. City’s Title to Land. The City represents and warrants that it has good and
marketable fee simple title to the Land, subject only to Permitted Encumbrances, and covenants
that it will not, during the Lease Term, encumber the Land or permit the Land to be
encumbered in such a manner as would jeopardize the Trustee’s leasehold interest therein. The
City acknowledges that total or partial failure of title to, or the creation or existence of any
encumbrance upon, the Land or the Facilities shall not, under any circumstances, excuse the
City from the payment of the Lease Payments, or result in any right to abatement or set-off
with respect thereto.
ARTICLE IV
TERM OF LEASE;
TRANSFER OR SURRENDER OF LAND AND FACILITIES
Section 4.1. Lease Term. This Lease shall be in effect for the Initial Lease Term and each
Renewal Lease Term, none of which shall exceed one Fiscal Year.
Section 4.2. Termination of Lease Term. The Term of this Lease will terminate upon
the occurrence of the first of the following events:
(a) The payment by the City of all Lease Payments shown on Exhibit B hereto, or the
prepayment of Lease Payments pursuant to Section 8.1, or
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(b) Prior to the end of the Initial Lease Term or any subsequent Renewal Lease Term, the
failure of the City to appropriate sufficient funds to pay the Lease Payments for the following
Fiscal Year; or
(c) The discharge by the City of its obligation to pay the Lease Payments required to be paid
by it hereunder pursuant to Section 8.3.
Section 4.3. Trustee’s Interest in the Land and the Facilities. Upon payment of all
Lease Payments due as shown on Exhibit B, or upon prepayment of the Lease Payments or
discharge of the City’s obligation to make the Lease Payments in accordance with Section 8.1
or Section 8.3, the City shall have the option to purchase the Trustee’s interest in the Land and
the Facilities by giving the Trustee written notice thereof and paying to the Trustee the
purchase option price set forth in Appendix B. Upon such purchase option exercise, full and
unencumbered legal title to the Facilities shall pass to the City, and the Trustee shall have no
further interest therein. In such event the Trustee and its officers shall take all actions
necessary to authorize, execute and deliver to the City any and all documents necessary to vest
in the City, all of the Trustee’s right, title and interest in and to the Land and the Facilities, free
and clear of all liens, leasehold interests, encumbrances (other than Permitted Encumbrances),
including, if necessary, a release of any and all interests or liens created under the provisions of
this Lease.
Section 4.4. Surrender of Land and Facilities. Upon termination of the Term of this
Lease pursuant to Section 4.2(b) or upon exercise by the Trustee of its right to take possession
of the Land and the Facilities under Section 10.2, the City shall surrender the Land and the
Facilities to the Trustee in the condition in which they were originally received from the
Trustee, except as repaired, rebuilt, restored, altered or added to as permitted or required
hereby, ordinary wear and tear excepted. The City shall have the right to remove from the
Land and the Facilities at or prior to such termination or possession all personal property
located therein which is not owned by the Trustee, but the City shall repair any damages
caused by such removal. The City shall peaceably return possession of the Land and the
Facilities to the Trustee, or its assigns or designee, on January 1 of the Fiscal Year following the
giving of the City’s termination notice. The obligation to return the Land and the Facilities shall
survive the termination of the Lease.
Section 4.5. No Subordination of City’s Title to Trustee. No provision of this Lease
shall be construed as in any way subordinating, conveying or agreeing to convey or otherwise
adversely affecting the City’s fee simple interest in the Land. This Lease covers only the
Trustee’s leasehold interest in the Land created by the Ground Lease, and all references to the
Land herein and in the Trust Agreement shall be construed as applying only to such leasehold
interest, unless otherwise specifically stated.
ARTICLE V
OTHER COVENANTS OF THE CITY
Section 5.1. Use; Permits. The City shall exercise due care in the use, operation and
maintenance of the Land and the Facilities, and shall not use, operate or maintain the Land and
the Facilities improperly, carelessly, in violation of any State and Federal Law or for a purpose
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or in a manner contrary to that contemplated by this Lease. The City shall obtain or cause to
be obtained all permits and licenses necessary for the operation, possession and use of the Land
and the Facilities. The City shall comply with all State and Federal Laws applicable to the
operation, possession and use of the Land and the Facilities, and if compliance with any such
State and Federal Law requires changes or additions to be made to the Land and the Facilities,
such changes or additions shall be made by the City at its expense.
Section 5.2. Maintenance and Modification of Land and Facilities by the City. During
the Term of this Lease the City shall, at its own expense, maintain, preserve and keep the Land
and the Facilities in good repair, working order and condition, and shall from time to time make
all repairs, replacements and improvements necessary to keep the Land and the Facilities in
such condition. The Trustee shall have no responsibility for any of these repairs, replacements
or improvements. In addition, the City shall, at its own expense, have the right to remodel the
Facilities or to make additions, modifications and improvements thereto. All such additions,
modifications and improvements shall thereafter comprise part of the Facilities and be subject
to the provisions of this Lease. Such additions, modifications and improvements shall not in any
way damage the Facilities; and the Facilities, upon completion of any additions, modifications
and improvements made pursuant to this Section, shall be of a value not less than the value of
the Facilities immediately prior to the making of such additions, modifications and Facilities.
Any property for which a substitution or replacement is made pursuant to this Section may be
disposed of by the City in such manner and on such terms as are determined by the City. The
City will not permit any mechanic’s or other lien to be established or remain against the Land
and Facilities for labor or materials furnished in connection with any remodeling, additions,
modifications, improvements, repairs, renewals or replacements made by the City pursuant to
this Section; provided that if any such lien is established the City shall first notify the Trustee of
the City’s intention to do so, the City may in good faith contest any lien filed or established
against the Land and Facilities, and in such event may permit the items so contested to remain
undischarged and unsatisfied during the period of such contest and any appeal therefrom unless
the Trustee shall notify the City that, in the opinion of counsel, by non-payment of any such
item the interest of the Trustee in the Land and Facilities will be materially endangered or the
Land and Facilities or any part thereof will be subject to loss or forfeiture, in which event the
City shall promptly pay and cause to be satisfied and discharged all such unpaid items or
provide the Trustee with full security against any such loss or forfeiture, in form satisfactory to
the Trustee. The Trustee will cooperate fully with the City in any such contest, upon the
request and at the expense of the City.
Section 5.3. Taxes, Other Governmental Charges and Utility Charges. During the
Term of this Lease the City shall also pay or cause to be paid when due all gas, water, steam,
electricity, heat, power and other charges incurred in the operation, maintenance, use,
occupancy and upkeep of the Land and Facilities. The City shall also pay all property and
excise taxes and governmental charges of any kind whatsoever which may at any time be
lawfully assessed or levied against or with respect to the Land and Facilities or any part
thereof or the Lease Payments, and which become due during the Term of this Lease with
respect thereto; and all special assessments and charges lawfully made by any governmental
body for public improvements that may be secured by a lien on the Land and Facilities;
provided that with respect to special assessments or other governmental charges that may
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lawfully be paid in installments over a period of years, the City shall be obligated to pay only
such installments as are required to be paid during the Term of this Lease as and when the
same become due. The City may, at the City’s expense and in the City’s name, in good faith
contest any such taxes, assessments, utility and other charges and, in the event of any such
contest, may permit the taxes, assessments or other charges so contested to remain unpaid
during the period of such contest and any appeal therefrom unless the Trustee shall notify the
City that, in the opinion of Independent Counsel, by nonpayment of any such items the interest
of the Trustee in the Land and Facilities will be materially endangered or the Land and the
Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall
promptly pay such taxes, assessments or charges or provide the Trustee with full security
against any loss which may result from nonpayment, in form satisfactory to the Trustee.
Section 5.4. Liens. The City shall not, directly or indirectly, create, incur, assume or suffer to
exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Land
and the Facilities, except the respective rights of the Trustee and the City as herein provided
and Permitted Encumbrances. Except as expressly provided in this Article V, the City shall
promptly, at its own expense, take such action as may be necessary to duly discharge or
remove any such mortgage, pledge, lien, charge, encumbrance or claim if the same shall arise at
any time. The City shall reimburse the Trustee for any expense incurred by it in order to
discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
Section 5.5. Easements. The Trustee will from time to time, at the request of the City and
at the City’s cost and expense, cooperate and join with the City: (a) in granting easements and
other rights in the nature of easements, releasing existing easements or other rights in nature
of easements which are for the benefit of the Land and Facilities; (b) in executing amendments
to any covenants and restrictions affecting the Land and Facilities; (c) executing and delivering
to any person any instrument appropriate (i) to confirm or to the effect that such grant, release
or execution is not detrimental to the proper conduct of the operations of the City on or in
the Land and the Facilities, (ii) to show the consideration, if any, being paid for such grant,
release or amendment, (iii) to show that such grant, release, dedication, transfer, petition or
amendment does not materially impair the use of the Land and the Facilities or reduce their
value, or (iv) to confirm that the City will remain obligated hereunder to the same extent as if
such grant, release, or amendment had not been made, and the City will perform all obligations
of the Trustee under such instrument. The consideration, if any, received for such grant,
release, or amendment shall be paid to the Trustee and applied against the next succeeding
Lease Payment.
Section 5.6. Arbitrage Rebate. The City acknowledges, if the Lease is a tax-exempt
obligation, that the rebate provisions of Section 148(f) of the Code are applicable to the Lease
Payments and to the Certificates, and the City will comply with all provisions of the Rebate
Certificate, dated as of the date of delivery of the Certificates, and executed by the City. The
City shall pay all costs and expenses incurred in complying with all provisions of the Rebate
Certificate, including the amount of rebatable arbitrage (or penalty in lieu thereof) required at
any time to be paid by the City to the United States. The City authorizes and directs the
Trustee to take all actions necessary under the Rebate Certificate and the Trust Agreement to
comply with the rebate requirement, including making or causing to be made the computations
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in accordance with the Rebate Certificate and the Trust Agreement. The City will pay, or
reimburse to the Trustee the costs of any such computations, and will indemnify and hold the
Trustee harmless from any liability or alleged liability resulting from such computations or
failure to compute any rebate or penalty amount.
Section 5.7. Compliance with Trust Agreement. During the Term of this Lease, the City
agrees to perform all obligations imposed upon it by the Trust Agreement.
Section 5.8. Additional Facilities Obligations. The City will not authorize or permit to
be issued any Additional Facilities Obligations during the Term of this Lease without the prior
written consent of the Original Purchaser.
Section 5.9. Additional Long Term Debt. So long as any Certificates are Outstanding, the
City will not issue any Long Term Debt without the prior written consent of the Original
Purchase except in accordance with the following conditions:
(A) There is filed with the Trustee (1) A certificate of the City’s Finance Manager stating that
the Income Available for Debt Service for each of the two most recent audited Fiscal Years
preceding the date of delivery of such certificate was not less than 115% of the maximum
Principal and Interest Requirements of (i) the Long Term Debt proposed to be issued and (ii) all
Certificates and any other Long Term Debt then outstanding, for any future Fiscal Year during
the term of all such Certificates and Long Term Debt; OR (2) an examined financial forecast
prepared by a certified public accounting firm (or other consulting firm having expertise in such
matters that is satisfactory to the Trustee) showing that the Income Available for Debt Service
during each Fiscal Year following the year in which the project financed by such Long Term
Debt is placed in service is not less than 125% of the maximum Principal and Interest
Requirements of (i) the Long Term Debt proposed to be issued and (ii) all Certificates and any
other Long Term Debt then outstanding, for any future Fiscal Year during the term of such
Certificates and Long Term Debt, provided that such forecast shall include forecasted balance
sheets, statements of revenues and expenses and statements of changes in financial position for
each of such Fiscal Years (which may be in summary form) and a statement of the relevant
assumptions upon which such forecasted statements are based.
(B) Long Term Debt may be issued for the purpose of refunding (whether in advance or
otherwise, including without limitation refunding through the issuance of crossover refunding
obligations) the Certificates or any outstanding Long Term Debt, or portion thereof, if prior to
the issuance thereof a certificate of the City’s Finance Manager is delivered to the Trustee
stating that, taking into account the issuance of the proposed Long Term Debt and the
application of the proceeds thereof and any other funds available to be applied to such
refunding, the net aggregate Principal and Interest Requirements during the remaining term of
all Certificates and Long Term Debt then outstanding (and not redeemed or defeased in
connection with the refunding) will not be increased.
Section 5.10 Books and Records. The City will cause proper and adequate books of
record and account to be maintained with respect to the Hospital Fund, reflecting all receipts
and disbursements and all accrued claims and expenses in connection with the operation and
maintenance of the Facilities, and will make such records available for inspection at all
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reasonable times by the Trustee, and will cause them to be audited with respect to each Fiscal
Year by a certified public accountant. In addition, the City will provide the Trustee and the
Original Purchaser and (upon written request) any Certificate holder (a) within 45 days
following the end of each fiscal quarter, the unaudited balance sheet and operating statement of
the Hospital Fund, (b) utilization data concerning operations of the Hospital Fund in such form
as it is customarily reported to the Board of Trustees of the Hospital Fund, and (c) within 180
days following the end of each Fiscal Year, the audited annual financial statements of the
Hospital Fund.
ARTICLE VI
DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS
Section 6.1. Damage, Destruction and Condemnation. If the Facilities or any portion
thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or title to or
the temporary use of the Facilities or any part thereof, or the interest of the City or the
Trustee in the Land or the Facilities or any part thereof, shall be taken under the exercise of
the power of eminent domain by any governmental body or by any person, firm or corporation
acting under governmental authority, the City shall have the rights with respect to the Net
Proceeds of any insurance or condemnation award specified in this Section, but the City shall
be obligated to continue to pay the Lease Payments due with respect to the Facilities. All Net
Proceeds shall be applied to the prompt repair, restoration, modification, improvement or
replacement of the Land and the Facilities by the City, or if the City elects not to repair or
rebuild, all Net Proceeds shall be applied to prepay Lease Payments; provided that in either
event all Net Proceeds not needed for such purpose shall belong to the City.
Section 6.2. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in
full the cost of any repair, restoration, modification, improvement or replacement of the Land
and the Facilities, the City shall either: (a) complete the work and pay any cost in excess of the
amount of the Net Proceeds, and the City agrees that if by reason of any such insufficiency of
the Net Proceeds the City shall make any payments pursuant to the provisions of this Section
6.2, the City shall not be entitled to any reimbursement therefore from the Trustee, nor shall
the City be entitled to any diminution of the Lease Payments due with respect to the Land and
the Facilities; or (b) prepay the Lease Payments (without premium or penalty), in which event
the Net Proceeds shall be used for this purpose.
Section 6.3. Cooperation of Trustee. The Trustee shall cooperate fully with the City at
the expense of the City in filing any proof of loss with respect to any insurance policy covering
the casualties described in Section 6.1 hereof and in the prosecution or defense of any
prospective or pending condemnation proceeding with respect to the Land or the Facilities or
any part thereof and will, to the extent it may lawfully do so, permit the City to litigate in any
proceeding resulting there from in the name of and on behalf of the Trustee. In no event will
the Trustee voluntarily settle, or consent to the settlement of, any proceeding arising out of any
insurance claim or any prospective or pending condemnation proceeding with respect to the
Land or the Facilities or any part thereof without the written consent of the City.
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Section 6.4. Condemnation of Other Property Owned by the City. The City shall be
entitled to the Net Proceeds of any condemnation award or portion thereof made for
destruction of, damage to or taking of its property not included in the Land or the Facilities.
ARTICLE VII
INSURANCE AND INDEMNIFICATION
Section 7.1. Liability Insurance During the Term of this Lease. The City shall procure
and maintain continuously in effect with respect to the Land and Facilities, insurance (which
shall name the Trustee as an additional insured) against liability for injuries to or death of any
person or damage to or loss of property arising out of or in any way relating to the
maintenance, use or operation of the Land and Facilities or any part thereof, in the amount of
$1,000,000 for death of or personal injury to any one person, in the amount of $1,000,000 for
all personal injuries and deaths arising out of any one occurrence, and in the amount of
$100,000 for property damage arising out of any one occurrence. The Net Proceeds of all such
insurance shall be applied toward extinguishment or satisfaction of the liability with respect to
which the insurance proceeds may be paid. If any insurance required by this Section is
unavailable or the cost of obtaining such insurance is, in the judgment of the City Council,
excessive, the City may self-insure for such risks, provided that the City gives prompt written
notice of its intent to do so to the Trustee, and provided that the City shall continue to seek
such insurance coverage and, if such insurance becomes available at a reasonable cost, the City
shall promptly obtain such insurance. Notwithstanding the foregoing, if the City elects to self-
insure, other than through a self-insurance pool, the City shall at all times maintain a policy of
general public liability insurance with respect to the Land and Facilities naming the Trustee as
insured, in an amount not less than $1,000,000.
Section 7.2. Property Insurance During the Term of this Lease. The City shall procure
and maintain continuously in effect during the Term of this Lease with respect to the Facilities,
to the extent of the full insurable value of the Facilities, other than building foundations,
insurance against loss from or damage by vandalism and fire, with a uniform standard extended
coverage endorsement limited only as may be provided in the standard form of extended
coverage endorsement at the time in use in the State, in such amount as will be at least
sufficient so that a claim may be made for the full replacement cost of any part thereof damaged
or destroyed. All policies (or endorsements or riders) evidencing insurance required in this
Section shall be carried in the names of the City and the Trustee as their respective interests
may appear. Each policy (or endorsement or rider) may be written with a deductible amount
which is customary for Facilities comparable to the Facilities. The Net Proceeds of Insurance
required by this Section shall be applied as provided in Article VI.
Section 7.3. Administration of Claims, Etc. Neither the City nor the Trustee shall be
required to prosecute any claim against or contest any settlement proposed by any insurer, but
any of them may prosecute any such claim or contest any such settlement. In the event of a
contest by the City, it shall be at the City’s expense, and the City may bring such claim or
contest in the name of the Trustee, the City or both, and the Trustee will join therein at the
City’s written request upon the receipt by the Trustee of an indemnity from the City against all
costs, liabilities and expenses in connection with such claim or contest.
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Section 7.4. Other Insurance and Requirements of Insurance. All insurance required
by this Article may be carried under a separate policy or a rider or endorsement; shall be taken
out and maintained with responsible insurance companies organized under the laws of one of
the states of the United States and qualified to do business in the State or a self-insurance pool
permitted by State law; shall contain a provision that the insurer shall not cancel or revise
coverage thereunder without giving written notice to both parties at least thirty (30) days
before the cancellation or revision becomes effective; and shall name the City and the Trustee
as insured parties. The City shall deposit with the Trustee policies evidencing any such
insurance procured by it, or a certificate or certificates of the respective insurers stating that
such insurance is in force and effect. Before the expiration of any such policy, the City shall
furnish to the other party evidence that the policy has been renewed or replaced by another
policy conforming to the provisions of this Article, unless such insurance is no longer obtainable
in which event the City shall notify the Trustee of this fact.
Section 7.5. Indemnification. (a) As between the Trustee and the City, the City assumes
all risks and liabilities, whether or not covered by insurance, for loss or damage to the Facilities
and for injury to or death of any person or damage to any property, whether such injury or
death be with respect to agents or employees of the City, the Trustee or of third parties, and
whether such property damage be to the City or the Trustee’s property or the property of
others, which is proximately caused by the negligent conduct of the City, its officers,
employees, agents and lessees, or arising out of the operation, maintenance or use of the Land
and Facilities by the City, its officers, employees, agents and lessees. The City hereby assumes
responsibility for and agrees to indemnify, defend and hold harmless the Trustee, its directors,
officers, employees and agents, and any assignee of the Trustee, without payment being made
by the Trustee, from and against all liabilities, obligations, losses, damages, penalties, claims,
actions, costs and expenses (including reasonable attorney’s fees) of whatsoever kind and
nature, imposed on, incurred by or asserted against the Trustee or its directors, officers,
employees, agents or assignees that in any way relate to or arise out of a claim, suit or
proceeding based in whole or in part on the foregoing, to the maximum extent permitted by
law.
(b) The City further agrees that it will indemnify, defend and hold harmless the Trustee, its
directors, officers, employees and agents and any assignee of Trustee, without payment being
made by Trustee, from and against any and all claims, : demands, suits, liabilities and costs
(including without limitation attorneys’ fees and costs and expenses of investigation and proof)
arising out of any violation or asserted violation of any law or regulation, including without
limitation, any environmental law or regulation, or arising out of the presence on the Land of
any hazardous or toxic waste, materials or substances within the meaning of any federal, state
or local law or regulation.
ARTICLE VIII
OPTION TO PREPAY; DISCHARGE
Section 8.1. Option to Prepay in Whole or in Part the Lease. The City shall have the
option to prepay the unpaid Lease Payments but only in accordance with the terms and in the
manner provided in Exhibit B.
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Section 8.2. Exercise of Prepayment Purchase Option. The City shall give notice to
the Trustee of its intention to exercise its prepayment purchase option not less than 30 days in
advance of the date of exercise, and shall pay to the Trustee on the date of exercise the
Purchase Price of Certificates to be prepaid.
Section 8.3. Discharge of City’s Obligation.
When this Lease has been discharged as provided in this Section 8.3, rights granted by this
Lease to the holders of the Certificates shall cease. The City may discharge this Lease in whole
or in part on any date by depositing with the Trustee on or before that date a sum sufficient to
pay the applicable Purchase Price in full. The City may also at any time discharge this Lease in
whole or in part, subject to the provisions of law now or hereafter authorizing and regulating
such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law
as an escrow agent for this purpose, cash or securities which are authorized by applicable law
to be so deposited, bearing interest payable at such times and at such rates and maturing on
such dates as shall be required to provide funds sufficient to pay the Purchase Price on and
before final maturity, or, if this Lease is to be prepaid in whole or in part pursuant to Section
8.1, to the prepayment date.
Section 8.4. Conditions to Prepayment. The City may exercise the rights specified in this
Article VIII only if it is not in default under this Lease.
ARTICLE IX
ASSIGNMENT, SUBLEASING, INDEMNIFICATION, MORTGAGING AND
SELLING
Section 9.1. Assignment and Subleasing by the City. The rights and obligations of the
City under this Lease may not be assigned by the City without the written consent of the
Trustee; provided that the City may sublease the Land and the Facilities, in whole or in part,
without the consent of the Trustee, subject, however, to each of the following conditions:
(i) This Lease and the obligation of the City to make Lease Payments and other payments
hereunder, shall remain obligations of the City.
(ii) The sublease shall require the sublessee to meet the obligations of the City hereunder to
the extent of the interest subleased.
(iii) The City shall, within ten (10) days after the execution thereof and before the effective
date of the sublease, furnish or cause to be furnished to the Trustee, a true and complete copy
of such sublease.
(iv) No sublease to any sublessee under this Section 9.1 shall cover more than 5% in aggregate
area or rental value of the Land and the Facilities.
(v) No sublease shall cause the Interest Component of Lease Payments to become subject to
federal income taxation as evidenced by an opinion of Bond Counsel delivered to the Trustee
and the City.
Section 9.2. Restriction on Mortgage or Sale of Project by the Court. Except as
provided in Section 9.1, the City will not mortgage, sell, assign, transfer or convey the Land or
the Facilities or any portion thereof during the Term of this Lease.
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ARTICLE X
EVENTS OF DEFAULT AND REMEDIES
Section 10.1. Events of Default Defined. Any one or more of the following events shall be
“Events of Default” under this Lease:
(a) Failure by the City to pay any Lease Payment or other payment required to be paid
hereunder at the time specified herein.
(b) Failure by the City to observe and perform any covenant, condition or agreement on its
part to be observed or performed, other than as referred to in clause (a) of this Section, for a
period of forty (45) days after written notice specifying such failure and requesting that it be
remedied has been given to the City by the Trustee, unless the Trustee shall agree in writing to
an extension of such time prior to its expiration; provided, however, if the failure stated in the
notice cannot be corrected within the applicable period, the Trustee shall not unreasonably
withhold its consent to an extension of such time if corrective action is instituted by the City
within the applicable period and diligently pursued until the default is corrected.
(c) The occurrence of an event of default under the documentation governing any other Long
Term Debt.
(d) The occurrence of an Act of Bankruptcy.
Section 10.2. Remedies on Default. Whenever any Event of Default by the City shall have
happened and be continuing, the Trustee as assignee under the Trust Agreement shall have the
right, at its option, to take one or any combination of the following remedial steps:
(a) without terminating this Lease, and subject to the rights of any entity subleasing all or any
portion of the Land and the Facilities which is not in default under a sublease complying with
Section 9.1, re-enter and take possession of the Land and the Facilities and exclude the City and
any sublessee in default from using it until the default is cured; or
(b) Take whatever action at law or in equity may appear necessary or desirable to: (i) collect
the Lease Payments then due, (ii) collect any Lease Payments as they become due and payable,
or (iii) enforce performance and observance of any obligation, agreement or covenant of the
City under this Lease.
This provision shall not limit any other remedies which the Trustee may have under the Trust
Agreement or any other documents, or at law or in equity.
Section 10.3. Delay Notice. No delay or omission to exercise any right or power accruing
upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient. In order to entitle any party to exercise any remedy reserved to it in this
Lease it shall not be necessary to give any notice, other than such notice as may be required in
this Lease.
Section 10.4. No Remedy Exclusive.
No remedy herein conferred upon or reserved to the Trustee is intended to be exclusive and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Lease or now or hereafter existing at law or in equity. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
City of Brookings
August 28, 2012
193
shall be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient.
Section 10.5. No Additional Waiver Implied by One Waiver.
In the event any provision of this Lease shall be breached by either party and thereafter such
breach shall be waived by the other party, such waiver shall be limited to the particular breach
so waived and shall not be deemed to waive any other breach hereunder.
ARTICLE XI
ADMINISTRATIVE PROVISIONS
Section 11.1. Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or deposited in the United States
mail in certified or registered form with postage fully prepaid:
If to the City:
City of Brookings
520 3rd St., Suite 230
Brookings, SD 57006
Attn: City Clerk
If to the Trustee:
First Bank and Trust
PO Box 5057
Brookings, SD 57006
Attn: Trust Department
The above named persons, by notice given hereunder, may designate different addresses to
which subsequent notices, certificates or other communications will be sent.
Section 11.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding
upon the Trustee and the City and their respective successors and assigns.
Section 11.3. Severability. In the event any provision of this Lease shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof.
Section 11.4. Amendments Changes and Modifications. This Lease may be amended
or any of its terms modified only by written amendment authorized and executed by the City
and the Trustee; provided that no such amendment shall be effective without the consent of
the Trustee or any other person or entity to whom the rights of the Lessor to receive Lease
Payments due hereunder has been assigned.
Section 11.5. Further Assurances and Corrective Instruments. The Trustee and the
City agree that they will, if necessary, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments
City of Brookings
August 28, 2012
194
as may reasonably be required for correcting any inadequate or incorrect description of the
Land and the Facilities or for carrying out the expressed intention of this Lease.
Section 11.6. Execution in Counterparts. This Lease may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 11.7. Applicable Law. This Lease shall be governed by and construed in accordance
with the laws of the State of South Dakota.
Section 11.8. Authorized Officers. Whenever under the provisions of this Lease the
approval of the Trustee or the City is required, or the Trustee or the City is required to take
some action at the request of the other, such approval of such request shall be given for the
Trustee or for the City by an Authorized Officer, and any party hereto shall be authorized to
rely upon any such approval or request.
Section 11.9. Captions. The captions or headings in this Lease are for convenience only and
shall not define, limit or describe the scope or intent of any provisions or Sections of this Lease.
IN WITNESS WHEREOF, the Trustee has caused this Lease to be executed in its
corporate name by its Authorized Officer; and the City has caused this Lease to be executed in
its name in the manner required by applicable law and sealed with its corporate seal, as of the
date first above written.
CITY OF BROOKINGS, SOUTH DAKOTA
By: ______________________________
Its: Tim Reed, Mayor
ATTEST:
_____________________________
Shari Thornes, City Clerk
COUNTERSIGNED
______________________________
Resident Attorney
STATE OF SOUTH DAKOTA }
:SS
COUNTY OF BROOKINGS }
On this _____ day of _______ 2012, before me, a notary public personally appeared
__________________________ and _______________________, to me personally
known to be the Mayor and City Clerk of the CITY OF BROOKINGS, SOUTH DAKOTA, a
municipality of the State of South Dakota, the City Officials referred to in the foregoing
instrument; that the seal affixed to said instrument is the corporate seal of said political
subdivision; that said instrument was signed and sealed in behalf of the City having been
authorized by the governing board of the City; and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said City.
______________________________________
Notary Public-South Dakota
My Commission Expires:
City of Brookings
August 28, 2012
195
FIRST BANK AND TRUST, TRUSTEE
By _____________________________
Its Vice President
STATE OF SOUTH DAKOTA}
:SS
COUNTY OF BROOKINGS }
On this _____ day of _________________ 2012, before me, a Notary Public, personally
appeared _________________, to me personally known, who, being duly sworn, did say that
he is a Vice President of First Bank and Trust, the association referred to in the foregoing
instrument; that said instrument was signed and sealed in behalf of said association by authority
of its Board of Directors; and he acknowledged said instrument to be the free act and deed of
said association.
______________________________________
Notary Public-South Dakota
My Commission Expires:
Trustee signature page to Lease
EXHIBIT A - Legal Description
EXHIBIT B - Lease Payments:
Payment Date Principal
Component
Interest
Component Total Payment Principal
Balance
Purchase Option Price:
City of Brookings
August 28, 2012
196
DECLARATION OF TRUST
By
FIRST BANK AND TRUST
and joined in by
CITY OF BROOKINGS, SOUTH DAKOTA
Dated as of the August __, 2012
This instrument drafted by:
Meierhenry Sargent LLP
315 S. Phillips Avenue
Sioux Falls, SD 57104
(605) 336-3075
197
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................ 197
PARTIES ......................................................................................................................................................... 199
ARTICLE I. DEFINITIONS AND RULES OF CONSTRUCTION ................................................... 200
Section 1.01. Definitions ........................................................................................................................ 200
Section 1.02. Rules of Construction. .................................................................................................. 203
ARTICLE II. RECITALS AND REPRESENTATIONS ........................................................................... 204
Section 2.01. Lease of the Facilities. .................................................................................................... 204
Section 2.02. Creation of Trust. .......................................................................................................... 204
Section 2.03. Deposit of Moneys. ........................................................................................................ 204
Section 2.04. Conditions Precedent Satisfied. .................................................................................. 204
ARTICLE III. CERTIFICATES TERMS AND PROVISIONS .............................................................. 204
Section 3.01. Preparation of Certificates. .......................................................................................... 204
Section 3.02. Form; Denominations; Medium of Payment. ........................................................... 204
Section 3.03. Date of Certificates. ...................................................................................................... 205
Section 3.04. Payment of Principal and Interest with Respect to Certificates. ......................... 205
Section 3.05. Legends ............................................................................................................................. 205
Section 3.06. Execution. ......................................................................................................................... 205
Section 3.07. Interchangeability of Certificates. ............................................................................... 205
Section 3.08. Negotiability .................................................................................................................... 205
Section 3.09. Transfer of Certificates ................................................................................................. 205
Section 3.10. Regulations with Respect to Exchange and Transfer. ............................................ 206
Section 3.11. Certificate Register. ....................................................................................................... 206
Section 3.12. Temporary Certificates. ................................................................................................ 206
Section 3.13. Certificates Mutilated, Lost Destroyed or Stolen................................................... 206
Section 3.14. Place of Payment............................................................................................................. 207
Section 3.15. Evidence of Signatures of Certificate Owners and Ownership of Certificates.207
Section 3.16. Selection of Certificates for Redemption ................................................................. 208
Section 3.17. Notice of Redemption .................................................................................................. 208
Section 3.18. Effect of Redemption. .................................................................................................... 208
Section 3.19. Additional Certificates and Additonal Facilties Debt. ............................................ 209
ARTICLE IV. ESTABLISHMENT AND ADMINISTRATION OF FUNDS AND
ACCOUNTS ................................................................................................................................................ 209
Section 4.01. Trust Fund ....................................................................................................................... 209
Section 4.02. Establishment and Application of Construction Account ..................................... 209
Section 4.03. Establishment and Application of Lease Payment Account .................................. 210
Section 4.04. Establishment and Application of Redemption Account ....................................... 210
Section 4.05. Redemption ..................................................................................................................... 211
Section 4.07. Deposit and Investment of Moneys in Funds. .......................................................... 212
Section 4.08. Arbitrage Rebate. ........................................................................................................... 212
ARTICLE V. COVENANTS; DEFAULT AND LIMITATION OF LIABILITY .............................. 213
Section 5.01. City to Perform Agreement ........................................................................................ 213
Section 5.02. Trustee to Perform Agreement .................................................................................. 213
Section 5.03. Notice of Non-Payment ............................................................................................... 213
198
Section 5.04. Action on Default ........................................................................................................... 213
Section 5.05. No Obligation by the City to Owners ...................................................................... 214
Section 5.06. No Obligation with Respect to Performance Trustee .......................................... 214
Section 5.07. No Liability to Owners for Payment ......................................................................... 214
Section 5.08. No Responsibility for Sufficiency ................................................................................ 214
Section 5.09. Indemnification to Trustee ........................................................................................... 214
ARTICLE VI. THE TRUSTEE .................................................................................................................... 214
Section 6.01. Employment of Trustee ................................................................................................ 214
Section 6.02. Acceptance of Employment ......................................................................................... 215
Section 6.03. Trustee; Duties, Removal and Resignation ............................................................... 215
Section 6.04. Compensation of the Trustee. .................................................................................... 215
Section 6.05. Protection to the Trustee ............................................................................................ 215
Section 6.06. Paying Agent, Transfer Agent and Registrar ............................................................ 216
ARTICLE VII. AMENDMENT, DEFEASANCE; ADMINISTRATIVE PROVISIONS ................... 217
Section 7.01. Amendment ..................................................................................................................... 217
Section 7.02. Amendment to Trust Agreement or Lease Not Requiring Consent Certificate
Owners ...................................................................................................................................................... 217
Section 7.03. Defeasance ....................................................................................................................... 217
Section 7.04. Recording and Filing ....................................................................................................... 217
Section 7.05. Trustee to Keep Records ............................................................................................. 218
Section 7.06. Notices ............................................................................................................................. 218
Section 7.07. South Dakota Law .......................................................................................................... 218
Section 7.08. Severability ....................................................................................................................... 218
Section 7.09. Binding on Successors ................................................................................................... 218
Section 7.10. Headings ........................................................................................................................... 218
Section 7.11. Execution in Counterparts ........................................................................................... 219
EXHIBIT A- DISBURSEMENT REQUEST .............................................................................................. 219
EXHIBIT B - FORM OF CERTIFICATE OF PARTICIPATION ....................................................... 219
EXHIBIT C SCHEDULE OF TRUSTEE'S FEES .................................................................................... 219
City of Brookings
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199
PARTIES
DECLARATION OF TRUST, made and entered into as of ___________, 2012 (“this
Agreement”), by FIRST BANK AND TRUST, a bank duly organized and existing under the
laws of the state of South Dakota (the Trustee) and joined in by CITY OF BROOKINGS, a
political subdivision of the State of South Dakota (the “City”);
W I T N E S S E T H
WHEREAS, the City wishes to finance the acquisition, construction and equipping of facilities,
which comprise a skilled nursing facilities (the “Facilities”), to be located on certain real estate
owned by the City (the “Land”), by means of annual appropriation lease financing as
authorized by Chapters 34-9 and 9-12, South Dakota Codified Laws, as amended (the Act);
and
WHEREAS, the City has requested that the Trustee serve both as lessor under a lease
agreement and as trustee hereunder, and the Trustee has agreed to serve in those capacities;
and
WHEREAS, the City and the Trustee have entered into a Ground Lease of even date
herewith (the Ground Lease), whereby the City leases the Land to the Trustee; and
WHEREAS, the Trustee and the City have entered into a Lease Purchase Agreement of even
date herewith collectively (the ”Lease”), by which the Trustee subleases its leasehold interest
in the Land and leases its interest in the Facilities to the City on an annual appropriation basis,
and the City agrees, as the agent of the Trustee, to cause the Facilities to be acquired,
constructed and equipped on the Land; and
WHEREAS, the City, in order to obtain the most advantageous financing, has requested the
Trustee to create the trust and Trust Fund contemplated by this Declaration of Trust, to
assign to the trust its interest in and to the Lease, including its right to receive Lease
Payments thereunder, and the Ground Lease, and to issue Certificates of Participation
(Brookings Health System Project), Series 2012 (the “Certificates”) in the trust, representing
undivided interests in the Lease and the right to receive the Lease Payments thereunder; and
WHEREAS, First Bank and Trust, Brookings, South Dakota (the “Original Purchaser”) has
agreed to purchase the Certificates;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for
other valuable consideration, the parties hereto do hereby recite and agree as follows:
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ARTICLE I. DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.01. Definitions. For the purposes of this Agreement the terms defined in the
Lease and capitalized herein shall have the meanings ascribed to them in the Lease unless the
context requires some other meaning. In addition, the terms defined below shall have the
meanings ascribed to them as set forth below.
Additional Facilities Certificates means any parity certificates authorized to be authenticated
and delivered pursuant to Section 3.19.
Annual Debt Service means the amount required in any Fiscal Year to pay Lease Payments or
principal of or interest on Outstanding Additional Facilities Obligations.
Authorized Newspapers: means a financial paper or a newspaper of general circulation in
Brookings, South Dakota.
Authorized Officer: means (i) for the Trustee, a vice president, and (ii) for the City, its
Mayor, Finance Manager, Clerk or such other person as may be designated in writing by the
Mayor, the Finance Manager or the Clerk.
Book Entry Certificates means that part of a Series for which a Securities Depository or its
nominee is the Certificateholder.
Bond Counsel means an attorney or law firm with demonstrated expertise as bond counsel in
connection with the issuance of state and local government obligations and attendant federal
income tax matters.
Business Day: means any day upon which banks located in the State are not required or
authorized to remain closed and on which the New York Stock Exchange is not closed.
Certificateholder or holder of Certificates or Owner of Certificates means the Person who
owns a Certificate, provided that, pursuant to Section 2.08, the Person in whose name a
Certificate is registered in the Certificate Registrar shall be regarded for all purposes as such
owner
Certificate Payment Date: means each Lease Payment Date.
Certificate Registrar: means First Bank and Trust, Brookings, South Dakota.
Certificate or Certificates: means the $10,000,000 of Certificates of Participation (Brookings
Health System Project), Series 2012 prepared and delivered by the Trustee pursuant to this
Agreement.
City: means the City of Brookings, South Dakota.
City Clerk: means Clerk of the City appointed pursuant to the provisions of South Dakota
Codified Laws Title 9.
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201
City Finance Manager: means Finance Manager of the City appointed pursuant to the provisions
of South Dakota Codified Laws Title 9 or, in the absence of such appointment or in the event
the person so appointed is unable or incapable of acting in such capacity, the person appointed
by the City’s governing body to perform the duties otherwise performed by the Finance
Manager, or his or her designee.
Closing Date: means the date upon which the Certificates are delivered to the Original
Purchaser.
Code: means the Internal Revenue Code of 1986, as amended. All references herein to sections
of the Code are to sections thereof as they exist on the date of execution of this instrument,
but include any amendment of the provisions thereof.
Construction Contract: means a contract or contracts for the construction of the Facilities.
Construction Costs: means all costs incident to the construction of the Facilities, including
without limitation general contract costs, architectural fees, consulting fees, soil testing,
surveying, title work, site preparation, utilities extension, curb and gutter, landscaping, paving,
and equipment and furnishings.
Consultant: means an independent certified public accountant or a firm of independent certified
public accountants to whom the Trustee make no objection.
Cost of Issuance: means any cost incurred in connection with the preparation of the Lease,
the Ground Lease, the Trust Agreement and the private placement of the Certificates with
Original Purchaser.
Expenses: shall have the meaning ascribed thereto in the Lease.
Facilities: means the skilled nursing facility currently under construction and to be leased by
the Trustee to the City pursuant to this Lease, including additions, expansions and
improvements.
Fiscal Year: means the twelve month fiscal period of the City which commences on any
January 1 and ends on the following December 31.
Ground Lease: means the Ground Lease Agreement dated of even date herewith between the
Trustee, as lessee, and the City, as lessor, and any amendment thereof or supplement
thereto.
Income Available for Debt Service: shall have the meaning ascribed thereto in the Lease.
Interest Component: means the portion of any Lease Payment designated as and comprising
interest as shown on Exhibit B.
Issue Price: means the aggregate Principal Component of the Lease Payments, less any
original issue discount and plus any original issue premium.
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Land: means the real property described in Exhibt A to the Lease.
Lease: means the Lease Purchase Agreement of even date herewith between the Trustee, as
lessor, and the City, as lessee, and any amendment thereof or supplement thereto.
Lease Documents means the Lease and Ground Lease.
Lease Payments: means the payments due from the City to the Trustee on each Lease
Payment Date during the Term of the Lease as shown on Exhibit B of the Lease.
Lease Payment Date: means the date upon which any Lease Payment is due and payable as
shown on Exhibit B of the Lease.
Mayor: means the mayor of the City elected pursuant to the provisions of the SDCL 9-13 or
his or her designee acting on his or her behalf pursuant to state law.
Original Purchaser: means First Bank and Trust, Brookings, South Dakota.
Outstanding Certificate: means any Certificate which has been authenticated and delivered
under the Trust Agreement except cancelled or surrendered or deemed to have been paid.
Outstanding Facilities Obligations means obligations incurred in connection with the Facilities
which would require an appropriation for its payment which is payable in the current fiscal
year for annual appropriation leases or over a term of years for an obligation which
constitutes debt under Article 13 Section 4 of the South Dakota Constitution.
Owner: or Certificate Owner or Owner of Certificates or any similar term, when used with
respect to the Certificates, means the registered owner of any Outstanding Certificate.
Person or person means an individual, corporation, firm, association, partnership, limited
liability company, trust, or other legal entity or group of entities, including a governmental
entity or any agency or political subdivision thereof.
Permitted Investments: means, to the extent permitted by applicable law:
(i) (A) bonds or interest-bearing notes or obligations of the United States, or
those for which the full faith and credit of the United States are pledged for the payment of
principal and interest.
(B) Securities either directly or indirectly guaranteed by the United States.
(C) Repurchase agreements fully collateralized by securities described in (1)
(A) or (B), meeting the requirements of Sections 4-5-6 and 4-5-9, South
Dakota Codified Laws.
(D) Shares of an open-end, no-load fund, rated in the highest short term or
one of the two highest long-term rating categories by nationally
recognized rating agencies, administered by an investment company
registered under the Federal Investment Company Act of 1940, whose
shares are registered under the Federal Securities Act of 1933 and
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whose only investments are in securities described in (i) (A) and (B) and
repurchase agreements described in (i) (C).
(E) Time deposits and interest-bearing accounts with any institution
constituting a "qualified public depository" under Chapter 4-6A, South
Dakota Codified Laws.
(ii) bonds or interest-bearing notes or obligations that are guaranteed as to
principal and interest by a federal agency of the United States.
(iii) bonds, consolidated bonds, collateral trust debentures, consolidated
debentures, or other obligations issued by federal intermediate credit banks established under
the Federal Farm Loan Act, as amended; bonds or debentures of the Federal Home Loan
Bank Board established under the Federal Home Loan Bank Act; bonds and debentures of the
Federal National Mortgage Association established under the National Housing Act, as
amended; bonds of any federal home loan bank established under said act; obligations of the
Federal Home Loan Mortgage Corporation; and any other obligation of a federal agency
which obligation is rated in one of the two highest long term rating categories by nationally
recognized rating agencies.
Principal Component: means that portion of any Lease Payments designated as principal on
Schedule B.
Principal Office: when used with respect to the Trustee, means the principal office of the
Trustee situated at 520 6th Street, Brookings, SD 57006; or any office so designated by a
successor trustee.
Record Date: means the fifteenth day of the calendar month next preceding any Interest
Payment Date, regardless whether such day is a Business Day.
Register: means the Register maintained by the Registrar pursuant to Section 3.11 of the
Trust Agreement.
Revenues: shall have the meaning ascribed thereto in the Lease.
Supplemental Trust Agreement: means any indenture supplemental or amendatory to this
Agreement entered into by the City and the Trustee pursuant to Article VII hereof.
Trust Fund: means the trust fund created pursuant to Article VI hereof.
Trustee: means First Bank and Trust and its successors and assigns, in its capacity as trustee
under the Trust Agreement.
Section 1.02. Rules of Construction. Words of the masculine and feminine genders shall
be deemed and construed to include the neutral gender. Unless the context otherwise
indicates, words importing the singular number shall include the plural number and vice versa,
and words importing persons shall include corporations and associations, including public
bodies, as well as natural persons.
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The terms "hereby", "hereof", "hereto," "herein," "hereunder" and any similar terms, as used
in this Agreement, refer to this Agreement.
ARTICLE II. RECITALS AND REPRESENTATIONS
Section 2.01. Lease of the Facilities. (a) The Trustee and the City have entered into the
Ground Lease under which the City has agreed to lease the Land to the Trustee. The Trustee
and the City will also enter into the Lease, whereby the Trustee agrees to sublease the Land
and lease, with the option to purchase, the Facilities and the City agrees to sublease the Land
and lease with the option to purchase the Facilities from the Trustee.
Section 2.02. Creation of Trust. The Trustee hereby, at the request of the City, creates a
trust for the benefit of the Owners, from time to time of the Certificates issued hereunder.
The trust created hereunder shall be irrevocable while any Certificates are outstanding
hereunder. The corpus of the trust shall consist of (i) all of the Trustee's right, title and
interest in and to the Ground Lease and the Lease, except the rights of the Trustee to
compensation, reimbursement or indemnity from the City thereunder, which rights are
specifically reserved by the Trustee, (ii) the Trust Fund created in Article IV hereof and (iii)
any other property or rights hereafter assigned or contributed to the trust by the City or the
Trustee by amendment or supplement hereto.
Section 2.03. Deposit of Moneys. In order to induce the Trustee to proceed with the
Ground Lease and to assure the City that the Construction Costs will be paid without delay
and that the Facilities will be available for lease in accordance with their scheduled
construction, the City has agreed to execute the Lease and from (i) the proceeds of the sale
of the Certificates (as received from the Certificate Holders to pay draw requests pursuant
to Section ___ of this Agreement, and (ii) funds paid to the Trustee by the City on the
Closing Date, the Trustee will deposit in the Trust Fund the amounts shown in Section 4.01
hereof.
Section 2.04. Conditions Precedent Satisfied. All acts, conditions and things required by
law to exist, happen and be performed precedent to and in connection with the execution
and entering into of this Agreement have happened and have been performed in regular and
due time, form and manner as required by law and the parties hereto are now duly
empowered to execute and enter into this Agreement.
ARTICLE III. CERTIFICATES TERMS AND PROVISIONS
Section 3.01. Preparation of Certificates. The Trustee is hereby directed to prepare,
execute and deliver to the Original Purchaser, Certificates in an aggregate principal amount of
Ten Million Dollars ($10,000,000) evidencing undivided ownership interests in the Lease
Payments to be paid by the City under the Lease, in exchange for the Issue Price of the
Certificates.
Section 3.02. Form; Denominations; Medium of Payment. The Certificates shall be
delivered in the form of fully registered certificates without coupons in the minimum
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denominations of $100,000 each or any integral multiple thereof (which form shall be
substantially in the form set forth in Exhibit B hereto attached and by this reference herein
incorporated), with such further appropriate particular designation added to or incorporated
in such title for the Certificates of the particular series may be set forth in the provisions of
this. The Certificates shall be payable in any lawful money of the United States of America
which at the time of payment is legal tender for the payment of public and private debts.
Section 3.03. Date of Certificates. The Certificates shall be dated the Closing Date.
Section 3.04. Payment of Principal and Interest with Respect to Certificates.
(a) The Certificates shall mature on _____________, and shall bear interest from
date of issue to maturity or prior redemption at the annual rate of ____%
(b) The Principal Component and Interest Component with respect to the Certificates
shall be payable on each Lease Payment Date during the Term of the Lease as shown
on Exhibit B to the Lease.
Section 3.05. Legends. The Certificates may contain or have endorsed thereon such
provisions, specifications and descriptive words not inconsistent with the provisions of this
Agreement as may be necessary or desirable to comply with custom, or otherwise as may be
determined by the City prior to delivery thereof.
Section 3.06. Execution. The Certificates shall be executed in the name of and by the
Trustee, as trustee under this Agreement, by the manual signature of an Authorized Officer
of the Trustee.
Section 3.07. Interchangeability of Certificates. Certificates, upon surrender thereof at
the Principal Office of the Trustee with a written instrument of transfer satisfactory to the
Registrar, duly executed by the Owner or his or her attorney duly authorized in writing, may,
at the option of the Owner thereof, be exchanged for an equal aggregate principal amount of
Certificates of the same maturity of other authorized denominations.
Section 3.08. Negotiability. Transfer and registration of the Certificates issued pursuant
to this Agreement shall be negotiable as provided by law subject to the provisions for
registration and transfer contained in this Article and in the Certificates.
Section 3.09. Transfer of Certificates.
(a) The registration of each Certificate shall be transferable only upon the Certificate
Register, which shall be kept for the purpose at the Principal Office of the Registrar,
upon surrender thereof together with a written instrument of transfer satisfactory to
the Registrar duly executed by the Owner or his or her duly authorized attorney.
Upon the registration of the transfer and the surrender of any such Certificate, the
Registrar shall provide, in the name of the transferee, a new Certificate or Certificates
of the same aggregate principal amount and maturity as the surrendered Certificates.
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(b) The Registrar shall deem and treat the person in whose name any Outstanding
Certificate shall be registered upon the Certificate Register as the absolute Owner of
such Certificate, whether such Certificate shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal and interest payments with
respect to such Certificate and for all other purposes, and all such payments so made
to any such Owner or upon the owner's order shall be valid and effectual to satisfy
and discharge the liability upon such Certificate to the extent of the sum or sums so
paid, and neither the Trustee, the City nor the Trustee shall be affected by any notice
to the contrary.
Section 3.10. Regulations with Respect to Exchange and Transfer. In all cases in which
the privilege of exchanging or transferring Certificates is exercised, the Trustee shall execute
and deliver Certificates in accordance with the provisions of this Article. All Certificates
surrendered in any such exchanges or transfers shall forthwith be canceled and destroyed by
the Registrar. For every such exchange or transfer of Certificates, whether temporary or
definitive, the Registrar may make a charge sufficient to reimburse it for any tax, fee or other
governmental charge, required to be paid with respect to such exchange or transfer, which
sum or sums shall be paid by the person requesting such exchange or transfer as a condition
precedent to the exercise of the privilege of making such exchange or transfer. The cost of
transfers and exchanges of Certificates shall be charged to the, person requesting them.
Section 3.11. Certificate Register. The Registrar shall keep or cause to be kept at its
Principal Office a Certificate Register, which shall at all times be open to inspection by the
Trustee and the City; and, upon presentation for such purpose, the Registrar shall, under
such reasonable regulations as it may prescribe, register or transfer or cause to be registered
or transferred, on the Certificate Register, certificates as hereinbefore provided.
Section 3.12. Temporary Certificates. Pending preparation of the definitive Certificates,
any Certificates delivered under this Agreement may be initially delivered in temporary form
exchangeable for definitive Certificates when ready for delivery. The temporary Certificates
may be printed, lithographed or typewritten, shall be without coupons and may contain such
reference to any of the provisions of this Agreement as may be appropriate. Every temporary
Certificate shall be executed by the Trustee and be delivered by the Trustee upon the same
conditions and in substantially the same manner as definitive Certificates. If the Trustee
delivers temporary Certificates, it shall execute and furnish definitive Certificates without
delay and, thereupon, the temporary Certificates shall be surrendered for cancellation at the
Principal Office of the Trustee and the Trustee shall deliver in exchange for such temporary
Certificates an equal aggregate principal amount of definitive Certificates of authorized
denominations and of the same maturity and interest rate or rates. Until so exchanged, the
temporary Certificates shall be entitled to the same benefits under this Agreement as
definitive Certificates delivered pursuant hereto.
Section 3.13. Certificates Mutilated, Lost Destroyed or Stolen. If any Certificate shall
become mutilated, the Trustee, at the expense of the Owner of said Certificate shall execute
and deliver a new Certificate of like tenor, maturity and number in exchange and substitution
for the Certificate so mutilated, but only upon surrender to the Registrar of the Certificate
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so mutilated. Every mutilated Certificate so surrendered the Registrar shall be canceled by it
and either destroyed or delivered upon the order of the City. If any Certificate shall be lost,
destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the
Registrar, and, if such evidence is satisfactory to the Registrar and if an indemnity satisfactory
to the Registrar shall be given, the Registrar, at the expense of the Certificate Owner, shall
execute and deliver a new Certificate of like tenor and maturity and numbered as the
Registrar shall determine in lieu of and in substitution for the Certificate so lost, destroyed or
stolen. The Registrar may require payment of an appropriate fee for each new Certificate
delivered under this Section and of the, expenses which may be incurred by the Registrar in
carrying out the duties under this Section 3.13, from the person requesting the same. Any
Certificate issued under the provisions of this Section in lieu of any Certificate alleged to be
lost, destroyed or stolen shall be equally and proportionately entitled to the benefits of this
Agreement with all other Certificates secured by this Agreement. The Registrar shall not be
required to treat both the original Certificate and any duplicate Certificate as being
Outstanding for the purpose of determining the principal amount of Certificates which may
be issued hereunder or for the purpose of determining any percentage of Certificates
Outstanding hereunder, but both the original and duplicate Certificate shall be treated as one
and the same Notwithstanding any other provision of this Section 3 13, in lieu of delivering a
new Certificate for a Certificate which has been mutilated, lost, destroyed or stolen and
which has matured, the Registrar may make payment of such Certificate.
Section 3.14. Place of Payment. The Registrar is hereby appointed paying agent for the
Certificates. The principal of all Certificates shall be payable at the Principal Office of the
Registrar. Interest with respect to Certificates shall be payable by check, draft or electronic
transfer of the Registrar mailed or wired on the Payment Date to the Owner of record as of
the fifteenth day (whether or not a business day) of the month preceding the Payment Date
of such Certificates at the address shown on the Certificate Register.
Section 3.15. Evidence of Signatures of Certificate Owners and Ownership of
Certificates. Any request, direction, consent, revocation of consent, or other instruments in
writing required or permitted by this Agreement to be signed or executed by Certificate
Owners may be in any number of concurrent instruments of similar tenor, and may be signed
or executed by such Certificate Owners in person or by their attorneys or agents appointed
by an instrument in writing for that purpose. Proof of the execution of any such instrument,
or of any instrument appointing any such attorney or agent, and of the holding and ownership
of Certificates shall be sufficient for any purpose of this Agreement (except as otherwise
herein provided) if made in the following manner:
(a) The fact and date of the execution by any Certificate Owner or the owner's
attorney or agent of any such instrument and of any instrument appointing any such
attorney or agent, may be proved by a certificate, which need not be acknowledged or
verified, of an officer of any bank or trust company located within the United States of
America, or of any notary public, or other officer authorized to take acknowledgments
of deeds to be recorded in such jurisdictions that the person signing such instrument
acknowledged before him or her the execution thereof. Where any such instrument is
executed by an officer of a corporation or association or a member of a partnership
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on behalf of such corporation, association or partnership, such certificate shall also
constitute sufficient proof of authority.
(b) The ownership of Certificates shall be proved by the Certificate Register held by
the Registrar under the provision of this Agreement. Nothing contained in this Article
shall be construed as limiting the Registrar to such proof, it being intended that the
Registrar may accept any other evidence of the matters herein stated which may
reasonably seem sufficient to the Registrar. Any request or consent of the Owner of
any Certificate shall bind every future Owner of the same Certificate in respect of
anything done or suffered to be done by the City or the Registrar in pursuance of such
request or consent.
Section 3.16. RESERVED.
Section 3.17. Notice of Redemption. When redemption is authorized or required
pursuant to Section 4.05 hereof, the Trustee shall give to the Certificate Owners notice at
the expense of the City of the redemption of the Certificates. Such notice shall specify: (a)
that the whole or a designated portion (in the case of redemption of a fully registered
Certificate in part but not in whole) of the Certificates are to be redeemed, (b) the date of
redemption, and (c) the place or places where the redemption will be made. Such notice shall
further state that on the specified date of redemption there shall become due and payable
upon each Certificate to be redeemed, the principal thereof and premium, if any, together
with interest accrued to said date of redemption and that from and after such date of
redemption interest thereon shall cease to accrue and be payable.
Notice of such redemption shall be given by mailing first class postage prepaid copies
thereof to the Owners of any Certificates, whose Certificates are to be redeemed not less
than thirty (30) days prior to such date of redemption. Such mailings shall not be a
condition precedent to such redemption and failure so to mail any such notice shall not
affect the validity of the proceedings for the redemption of the Certificates.
Section 3.18. Effect of Redemption. Notice having been given as aforesaid, and the
moneys for the redemption, including premium, if any and interest to the applicable date of
redemption, having been set aside in the Redemption Account, the Certificates to be
redeemed shall become due and payable on said date of redemption, and, upon presentation
and surrender thereof at the office or offices specified in said notice, said Certificates shall
be paid at the unpaid principal amount thereof, plus any premium due, plus any unpaid and
accrued interest to said date of redemption.
If, on said date of redemption, moneys for the redemption of all the Certificates to be
redeemed, together with interest to said date of redemption, shall be held by the Trustee
so as to be available therefore on such date of redemption, and, if notice of redemption
thereof shall have been given as aforesaid, then, from and after said date of redemption,
interest on the Certificates to be redeemed shall cease to accrue and become payable. If
said moneys shall not be available on said date of redemption, such Certificates shall
continue to bear interest until paid at the same rates as they would have borne had they
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not been notified for redemption. All moneys held by or on behalf of the Trustee for the
redemption of particular Certificates shall be held in trust for the account of the Owners of
the Certificates so to be redeemed for a period ending fifty-nine months from the date of
redemption. All such moneys held by the Trustee at the end of such period, including
interest or other investment income thereon, shall be paid to the City, and thereafter the
Trustee shall have no responsibility for the redemption of Certificates presented for
redemption after such date.
Section 3.19. Additional Facilities Certificates. The City will not permit or cause the
issuance of any Additional Facilities Certificates without the prior written consent of the
Holder(s) of 60% of the aggregate unpaid Principal Component of the Certificates.
Section 3.20. RESERVED.
ARTICLE IV. ESTABLISHMENT AND ADMINISTRATION OF FUNDS
AND ACCOUNTS
Section 4.01. Trust Fund. There is hereby established with the Trustee a special trust fund
to be designated as the "City of Brookings Lease Purchase Agreement Trust Fund" (the
"Trust Fund"). The Trustee shall keep the Trust Fund separate and apart from all other funds
and moneys held by it. Within the Trust Fund, there are hereby established the Construction
Account more particularly described in Section 4.02 hereof, the Lease Payment Account
more particularly described in Section 4.03 hereof, and the Redemption Account more
particularly described in Section 4.04 hereof.
The Trustee will receive and deposit in the Trust Fund the amounts shown in the table
below:
Construction Costs (Construction Account)
Costs of Issuance (Construction Account)
Total Deposits into the Trust Fund
Section 4.02. Establishment and Application of Construction Account.
(a) Within the Trust Fund, there is hereby established a special account to be
designated as the Construction Account (the "Construction Account"). The Trustee
shall administer the Construction Account as provided in this Section and Section
4.07.
(b) Except as provided in subsection (d) all moneys deposited in or transferred to the
Construction Account pursuant to Sections 4.01 and 4.07 shall be disbursed only for
the payment of Construction Costs and Costs of Issuance.
(c) There shall be credited to the Construction Account the moneys paid to the
Trustee pursuant to Section 4.01 hereof, and any other moneys received by the
Trustee for deposit in the Construction Account. The Trustee shall use the moneys
in the Construction Account to pay the Construction Costs and the Cost of Issuance
as provided in Section 3.2 of the Lease.
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(d) Upon receipt by the Trustee of a certificate stating that all Construction Costs of
the Facilities have been paid, the Trustee shall transfer any amounts (including
investment proceeds) remaining in the Construction Account into the Lease Payment
Account, and the Construction Account shall be closed.
(e) No amounts shall be withdrawn or transferred from or paid out of the
Construction Account except as provided in this Article IV and Section 6.04.
Section 4.03. Establishment and Application of Lease Payment Account.
(a) Within the Trust Fund, there is hereby established a separate account to be
designated and referred to herein as the "Lease Payment Account." Such account shall
be maintained by the Trustee until the Lease Payments are paid in full pursuant to the
terms of the Lease, or the City has paid or discharged its obligations under Article VIII
of the Lease. The Trustee shall administer the Lease Payment Account as provided in
this Section and Section 4.07.
(b) In addition to the moneys required to be deposited in the Lease Payment
Account pursuant to Sections 2.03, 4.01, 4.02 and 4.07, except as provided in Section
4.04, all Lease Payments, and all other moneys received by the Trustee with respect to
the Lease or the Land and the Facilities shall be deposited by the Trustee in the Lease
Payment Account immediately upon their receipt.
(c) The Trustee shall withdraw from the Lease Payment Account, on the Business Day
preceding each Certificate Payment Date, an amount equal to the principal and
interest payments due with respect to the Certificates on such Certificate Payment
Date, and shall transmit the same to the Registrar to be applied to the payment of
Principal Components and Interest Components due with respect to the Certificates
on such Certificate Payment Date.
(d) The Trustee shall transfer to the Redemption Account from the Lease Payment
Account, all moneys on hand or received in the Lease Payment Account which are to
be used for the redemption of Certificates in accordance with Section 4.05.
(e) No amounts shall be withdrawn or transferred from or paid out of the Lease
Payment Account except as provided in this Article IV and Section 6.04.
Section 4.04. Establishment and Application of Redemption Account.
(a) Within the Trust Fund there is hereby established a separate account to be
designated and referred to herein as the "Redemption Account". The Trustee shall
administer the Redemption Account as provided in this Section and Section 4.07.
(b) The Trustee shall deposit in the Redemption Account as received, all moneys paid
to it by the City pursuant to Article VIII of the Lease; and in the event of termination
of the Lease pursuant to Section 4.2 of the Lease, all net proceeds received from the
sale or other disposition of the Land and the Facilities. Also, in the event of
termination of the Lease pursuant to Section 4.2 of the Lease or the exercise by the
City of its option purchase the Facility pursuant to Article VIII of the Lease, the
Trustee shall transfer to the Redemption Account, all moneys on hand in the Lease
Payment Account not needed to pay principal and interest due or past due on the
Certificates. All of said moneys shall be set aside in the Redemption Account for the
purpose of redeeming the Certificates and shall be applied on or after the date of
redemption designated pursuant to Section 4.05 hereof to the payment of principal
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and interest with respect to the Certificates to be redeemed upon presentation and
surrender of such Certificates.
(b) Notwithstanding any other provision of this Agreement, except as provided in
subsection (c), all moneys on hand in the Redemption Account which will not be used
for the redemption of the Certificates within 30 days after the date of its deposit or
transfer to said Account, shall be invested at a "yield" (as hereinafter defined) not
exceeding the "yield" on the Lease, computed in accordance with the United States
Internal Revenue Code of 1986 and the regulations promulgated thereunder, unless
the City obtains and delivers to the Trustee an opinion of Bond Counsel stating that
the investment of such moneys may be made without restriction as to yield or may be
made subject to another yield limitation, in which event the moneys in said
Redemption Account may be invested in accordance with such opinion. Investment of
moneys subject to the yield restrictions herein provided shall be made by the purchase
of United States Treasury Certificates of Indebtedness State and Local Government
Series, or United States Treasury Notes-State and Local Government Series, or
United States Treasury Bonds-and Local Government Series maturing on or
immediately preceding the date of redemption of the Certificates to be redeemed.
(c) Moneys held by the Trustee for the payment of Certificates which have been called
for redemption and the interest thereon, after the date set for redemption, may be
invested, at the written request of the City, in Permitted Investments without
restriction as to yield. Moneys held in the Redemption Account after the date on
which such moneys are to be applied for the redemption of the Certificates, shall,
upon redemption of all Outstanding Certificates, or upon expiration of the applicable
time period specified in Section 3.18 hereof, whichever occurs first, be paid to the
City.
Section 4.05. Redemption.
(a) Optional Redemption. [To be determined]
(b) Redemption in Part. If only a portion of the Certificates are redeemed pursuant to
clause (a) of this Section, the manner in which the aggregate Principal Component of the
remaining Outstanding Certificates shall be reamortized in substantially level quarterly
payments over the remaining Term of the Lease.
Notice of Redemption. When redemption is authorized or required, the Trustee shall
give the Owners of the Certificates to be redeemed notice of the redemption. Such
notice shall specify: (a) the Certificates to be redeemed; (b) the date of redemption;
and (c) the place or places where the redemption will be made. Such notice shall
further state that on the specified redemption date interest on the Certificates to be
redeemed shall cease to accrue interest.
Notice of such redemption shall be given not less than 30 days prior to the redemption
date by mailing first class, postage prepaid, copies thereof to the Owners whose
Certificates are to be redeemed. Failure to mail such notice and any defect in such
notice shall not affect the validity of the proceedings for the redemption of any
Certificates.
Section 4.06. [Unused].
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Section 4.07. Deposit and Investment of Moneys in Funds.
(a) All moneys held by the Trustee in the Trust Fund shall be deposited or invested in
Permitted Investments, pursuant to written instructions of an Authorized Officer of
the City provided that moneys in the Lease Payment Account and the Redemption
Account may be invested only in investments described in paragraph (1) of the
definition of Permitted Investments. If the City does not provide the Trustee with
written instructions for such investment, the Trustee shall invest such moneys in
Permitted Investments so as to obtain the highest yield which Trustee deems
practicable, having due regard for the safety of such moneys and for the dates upon
which such moneys will be required for uses and purposes specified in this Agreement.
(b) All interest or income on the Construction Account shall be retained in the
Construction Account until such Construction Account is closed pursuant to Section
4.02(d) hereof.
(c) All interest or income received by the Trustee on investment of the Lease
Payment Account established pursuant to Section 4.03 hereof shall be retained in said
Account and be applied to the payment of delinquent payments due on the
Certificates, if any, and otherwise shall be applied as set forth in subsection (d) of this
Section.
(d) Subsequent to the closing of the Construction Account, and provided that there
are no delinquent Lease Payments, amounts retained or deposited in or transferred to
the Lease Payment Account pursuant to subsection (c) shall be applied as a credit
against the next Lease Payment due from the City under the Lease following the date
of deposit or transfer. At the time of deposit or transfer of said moneys in or to the
Lease Payment Account, the Trustee shall report the amount thereof to the City and
the amount of the next Lease Payment payable by the City under the Lease shall be
reduced by an amount equal to the amount of said deposit or transfer.
(e) The Trustee shall not be liable for any loss resulting from the making or disposition
of any investment pursuant to this Section, except where such loss arises out of the
Trustee's wrongful or negligent act or failure to act. Any loss not resulting from the
Trustee's wrongful or negligent conduct shall be charged to the account with respect
to which such investment was made.
(f) The City covenants and agrees that it will at all times direct the Trustee to invest
the moneys held in the Trust Fund in a manner which will not violate the provisions of
the Code and the regulations promulgated thereunder from time to time.
(g) Upon payment by the City of all Lease Payments set forth in Exhibit B to the Lease,
or the Prepayment or discharge of the Lease pursuant to Article VIII thereof, and the
payment or redemption of all Certificates and the interest coming due thereon and
the payment of all amounts owed to the Trustee under Section 6.04 hereof, all
moneys remaining on hand in the Trust Fund shall be paid to the City.
Section 4.08. Arbitrage Rebate. Unless and until the Trustee receives an opinion of Bond
Counsel to the effect that the provisions of this Section are no longer required in order for
the Interest Component of the Lease Payments to be exempt from federal income taxation,
the Trustee will, as the agent and at the expense of the City, cause to be kept the records
and shall cause to be made the computations described in the Rebate Certificate. The Trustee
may contract with consultants or other persons to provide arbitrage rebate computation
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services, and the City agrees to pay, or reimburse to the Trustee, the fees and expenses of
such consultants or other persons. The provisions of this Section and the Rebate Certificate
may be superseded or modified by an instrument in writing signed by Bond Counsel, and this
Section and the Rebate Certificate shall be deemed to be amended by any such instrument
from and after the date on which such instrument is delivered to the Trustee.
The Trustee shall maintain records of all deposits to and disbursements from the Trust Fund,
and of all investment of moneys in the Trust Fund and income therefrom. Unless otherwise
advised in writing by Bond Counsel, the Trustee shall treat the Lease Payment Account as a
bona fide debt service fund and therefore not subject to arbitrage rebate, but the Trustee
shall nevertheless maintain records with respect to the Lease Payment Account in the same
manner as the other Accounts in the Trust Fund.
Pursuant to the Agreement, the City has covenanted to calculate and pay directly to the
government of the United States of America all amounts due for payment of "arbitrage rebate"
under Section 148(f) of the Code with respect to the Initial Bonds. Accordingly, no amounts
shall be deposited in the Rebate Account, provided, however, that the City may in the future
deposit with the Trustee or direct the Trustee to deposit in the Rebate Account amounts held
in any Account hereunder for any or all Series of Bonds (which direction shall specify the
procedures for collection and payment of amounts due in respect of arbitrage rebate) if
(a) required under any amendments to Section 148(f) of the Code, (b) the Borrower fails to
make any required arbitrage rebate payments to the government of the United States of
America, or (c) the Issuer and the Borrower otherwise agree that the funding of the Rebate
Account is desirable and appropriate. The Rebate Account is a trust fund, but amounts therein
do not constitute part of the Trust Estate. Amounts on deposit in the Rebate Fund may be used
solely to make payments to the United States of America under Section 148 of the Code and to
pay costs related to the calculation of the amounts due. Upon satisfaction of the City’s
covenants described above, any amounts remaining in the Rebate Account shall be applied in
accordance with Section 4.08.
ARTICLE V. COVENANTS; DEFAULT AND LIMITATION OF LIABILITY
Section 5.01. City to Perform Agreement. The City covenants and agrees with the
Owners of the Certificates, to perform all obligations and duties imposed on it under the Lease,
and to enforce such Agreement against the Trustee in accordance with its terms.
Section 5.02. Trustee to Perform Agreement. The Trustee covenants and agrees with
the Owners of the Certificates, to perform all obligations and duties imposed on it under the
Lease.
Section 5.03. Notice of Non-Payment. In the event of delinquency in the payment of
Lease Payments due by the City pursuant to the Lease, the Trustee shall immediately give
written notice of the delinquency and the amount thereof to the City and the Trustee.
Section 5.04. Action on Default. Upon the occurrence of an event of default by the City
under the Lease, and in each and every such case during the continuance of such event of
default, the Trustee or the Owners of not less than a majority in aggregate principal amount
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of Certificates at the time Outstanding shall be entitled, upon notice in writing to the City
and the Trustee, to enforce the rights and exercise the remedies provided to the Trustee in
the Lease, as appropriate.
Section 5.05. No Obligation by the City to Owners. Except for the payment of Lease
Payments when due in accordance with the Lease and the performance of the other
covenants and agreements of the City contained in the Lease and in this Agreement, the City
shall have no obligation or liability to the Owners of the Certificates with respect to this
Agreement or the terms, execution, delivery or transfer of the Certificates, or the
distribution of Lease Payments to the Owners by the Trustee.
Section 5.06. No Obligation with Respect to Performance Trustee. The City shall not
have any obligation or liability to any of the other parties or to the Owners of the
Certificates with respect to the performance by the Trustee of any duty imposed upon it
under this Agreement.
Section 5.07. No Liability to Owners for Payment. Notwithstanding any other
provision of this Agreement, the Trustee shall not have any obligation or liability to the
Owners of the Certificates with respect to the payment of the Lease Payments by the City
when due, or with respect to the performance by the City of any covenants made by it in the
Lease.
Section 5.08. No Responsibility for Sufficiency. The Trustee shall not be responsible for
the sufficiency of the Lease or of the assignment made to it of rights to receive moneys
pursuant to the Lease, or the value of or title to the Land and the Facilities
Section 5.09. Indemnification to Trustee. The City shall and hereby agrees to indemnify
and hold harmless the Trustee, without any payment being made by the Trustee, from and
against all claims, losses, liability and damages, including legal fees and expenses, arising out of
(i) any breach or default on the part of the City in the performance of any of its obligations
under this Agreement or the Lease, if such breach or default is reduced to a written
settlement or a judgment favorable to the Trustee, (ii) any tortious act or failure to act of the
City or of any officer, servant or employee of the City with respect to the Land and the
Facilities, or (iii) the authorization of payment of the Construction Costs by the City.
Indemnification for any tort mentioned in this Section shall be limited to the extent and in the
amounts provided for by South Dakota law.
ARTICLE VI. THE TRUSTEE
Section 6.01. Employment of Trustee. In consideration of the recitals hereinabove set
forth and for other valuable consideration, the Trustee and the City hereby agree to employ
the Trustee to receive, hold, invest and disburse the moneys to be paid to it pursuant to the
Lease for credit to the various accounts in the Trust Fund established by this Agreement; to
prepare, execute, deliver and deal with the Certificates; and to apply and disburse the Lease
Payments received from the City to the Owners of Certificates; and to perform certain other
functions; all as herein provided and subject to the terms and conditions of this Agreement.
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Section 6.02. Acceptance of Employment. In consideration of the compensation herein
provided for, the Trustee accepts the employment above referred to subject to the terms
and conditions of this Agreement.
Section 6.03. Trustee; Duties, Removal and Resignation. By executing and delivering
this Agreement, the Trustee accepts the duties and obligations of the Trustee provided in this
Agreement, but only upon the terms and conditions set forth in this Agreement.
In carrying out its duties and exercising its powers under this Agreement, the Trustee shall
exercise that degree of care under the circumstances then prevailing which persons of
prudence, discretion and intelligence exercise in the management of their own business
affairs.
The Trustee and the City may by written agreement between themselves, or the holders of a
majority in aggregate principal amount of all Certificates Outstanding may by written request,
remove the Trustee initially a party to this Agreement and any successor thereto, and may
appoint a successor Trustee, but any such successor shall be a bank or trust company inside
or outside the State of South Dakota having a combined capital (exclusive of borrowed
capital) and surplus of at least Fifteen Million Dollars ($15,000,000) and subject to supervision
or examination by federal or state authority. The City shall have the right to approve any
successor trustee having its principal place of business outside the State of South Dakota. If
such bank or trust company publishes a report of condition at least annually, pursuant to law
or to the requirements of any supervising or examining authority above referred to, then for
the purposes of this Section the combined capital and surplus of such bank or trust company
shall be deemed to be its combined capital and surplus as set forth in its most recent report
of condition so published.
The Trustee may at any time resign by giving written notice to the Trustee and the City and
by giving to the Certificate Owners notice by publication of such resignation at least once in
Authorized Newspapers. Upon receiving such notice of resignation, the City shall promptly
appoint a successor Trustee by an instrument in writing; provided, however, that in the event
the City does not appoint a successor Trustee within sixty (60) days following receipt of such
notice of resignation, the resigning Trustee may petition the appropriate court having
jurisdiction to appoint a successor Trustee. Any resignation or removal of the Trustee and
appointment of a successor Trustee shall become effective upon acceptance of appointment
by the successor Trustee.
Section 6.04. Compensation of the Trustee. The Trustee shall be entitled to
compensation from the City for the reasonable and customary fees, costs and expenses
incurred in the acceptance, administration and performance of the trust created hereby.
Section 6.05. Protection to the Trustee. The Trustee shall be protected and shall incur
no liability in acting or proceeding in good faith upon any written resolution, notice, request,
consent, waiver, certificate, statement, affidavit, voucher, bond, requisition or other paper or
document which it shall in good faith believe to be genuine and to have been passed or
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provided pursuant to any of the provisions of this Agreement, and the Trustee shall be under
no duty to make any investigation or inquiry as to any statements contained or matters
referred to in any such instrument, but may accept and rely upon the same as conclusive
evidence of the truth and accuracy of such statements. The Trustee shall not be bound to
recognize any person as an Owner of any Certificate or to take any action at his request
unless such Certificate shall be deposited with the Trustee or satisfactory evidence of the
ownership of such Certificate shall be furnished to the Trustee. The Trustee may consult with
Independent Counsel with regard to legal questions, and the opinion of such counsel shall be
full and complete authorization and protection in respect of any action taken or suffered by it
hereunder in good faith in accordance therewith.
Whenever in the administration of its duties under this Agreement the Trustee shall deem it
necessary to or desirable that a matter be proved or established prior to taking or suffering
any action hereunder, such matter (unless other evidence in respect thereof be herein
specifically prescribed) shall be deemed to be conclusively proved and established by the
certificate of an Authorized Officer of the City and such certificate shall be full warranty to
the Trustee for any action taken or suffered under the provisions of this Agreement upon the
faith thereof, but in its discretion the Trustee may, in lieu thereof, accept other evidence of
such matter or may require such additional evidence as to it may seem reasonable.
The Trustee may buy, sell, own, hold and deal in any of the Certificates issued pursuant to
this Agreement, and may join in any action which any Owner may be entitled to take with like
effect as if the Trustee were not a party to this Agreement. The Trustee, either as principal
or agent, may also engage in or be interested in any other unrelated financial or other
transaction with the City or the Trustee, and may act as depositary, trustee, or agent for any
committee or body of Owners of Certificates or other obligations of the City as freely as if it
were not Trustee hereunder.
The recitals and representations in this Agreement or in the Certificates shall be taken and
construed as made by and on the part of the Trustee, and not by the Trustee, and the
Trustee does not assume, and shall not have, any responsibility or obligation for the
correctness of any thereof.
The Trustee may execute any of the trusts or powers hereof and perform the duties required
of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice
of counsel concerning all matters trust and its duties hereunder, and the Trustee shall not be
answerable for the default or misconduct of any such attorney, agent or receiver selected by
it with reasonable care.
Section 6.06. Paying Agent, Transfer Agent and Registrar. The Trustee may, from time
to time, appoint as its agent a bank or trust company, either within or without the State, to
act as paying agent, transfer agent, or registrar for the Certificates. Any such agent may
exercise any of the powers with respect to payment, transfer and registration of the
Certificates to the same extent and in the same manner as the Trustee, subject to any
limitation, not inconsistent with this Agreement, imposed by the Trustee. The City shall pay
the reasonable and customary fees of any such paying agent, transfer agent or registrar. The
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Trustee does hereby appoint itself as the initial paying agent, transfer agent and registrar for
the Certificates.
ARTICLE VII. AMENDMENT, DEFEASANCE; ADMINISTRATIVE PROVISIONS
Section 7.01. Amendment. This Agreement may be amended in writing by agreement
among all of the parties hereto, except as provided in Section 7.02 hereof no such
amendment shall become effective without the prior written consent of two-thirds in
aggregate principal amount of the Certificates then Outstanding; provided that no such
amendment shall impair the right of any Owner to receive his or her proportionate share of
any Lease Payment in accordance with his or her Certificate.
Section 7.02. Amendment to Trust Agreement or Lease Not Requiring Consent
Certificate Owners. The City and the Trustee may, without the consent of or notice to any
of the Owners of the Certificates, enter into one or more amendments to the Trust
Agreement or the Lease for one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission herein or to correct or
supplement any provision herein or therein which may be inconsistent with any other
provision herein or therein, or to make provisions with respect to matters or
questions arising hereunder or thereunder provided such action shall not, in the
judgment of the Trustee (with respect to which the Trustee may rely on an opinion of
counsel), materially adversely affect the interests of the Owners of the Certificates;
(b) To grant or confer upon the Owners of the Certificates any additional rights,
remedies, power or authority that may lawfully be granted or conferred upon them;
(c) To comply with the requirements of any State or federal securities laws or the
Trust Indenture Act of 1939, as from time to time amended, if required by law or
regulation lawfully issued thereunder;
(d) To provide for the appointment of a successor trustee pursuant to the terms
hereof;
(e) To permit, if lawful, the issuance of Certificates in book entry form not evidenced
by physical certificates; and
(f) To subject to this Agreement additional revenues, properties or collateral,
Section 7.03. Defeasance. If and when the Certificates delivered pursuant hereto shall have
been discharged pursuant to Section 8.3 of the Lease, then and in that case the right, title and
interest of the Trustee, the City and the Trustee under this Agreement shall thereupon
cease, terminate and become void, and the Trustee shall assign and transfer to or upon the
order of the City all property, money, investments and rights in the Land and the Facilities (in
excess of the amounts required for the foregoing) then held by the Trustee (including the
Lease and all payments thereunder and all balances in any fund or account created under this
Agreement) and shall execute such documents as may be reasonably required by the City in
this regard.
Section 7.04. Recording and Filing. The City shall be responsible for the filing of the
Ground Lease, the Lease and any financing statements related thereto. The Trustee shall be
responsible for the filing of continuation statements for the financing statements or of any
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supplemental instruments or documents of further assurance as may be required by law in
order to perfect the security interests created by the Lease.
Section 7.05. Trustee to Keep Records. The Trustee shall keep a copy of this Agreement
and books and records of all moneys received and disbursed under this Agreement, which
shall be available for inspection by the City, the Trustee and any Owner at any time during
regular business hours.
Section 7.06. Notices. All written notices to be given under this Agreement shall be given
by mail to the party entitled thereto at its address set forth below, or at such address as the
party may provide to the other parties in writing from time to time:
If to the City:
City of Brookings
520 3rd St., Suite 230
Brookings, SD 57006
Attn: City Clerk
If to the Original Purchaser:
First Bank and Trust
PO Box 5057
Brookings, SD 57006
Attn: Trust Department
If to the Trustee or the Registrar:
First Bank and Trust
PO Box 5057
Brookings, SD 57006
Attn: Trust Department
Section 7.07. South Dakota Law. This Agreement shall be construed and governed in
accordance with the laws of the State of South Dakota.
Section 7.08. Severability. Any provision of this Agreement found to be prohibited by law
shall be ineffective only to the extent of such prohibition, and shall not invalidate the
remainder of this Agreement.
Section 7.09. Binding on Successors. This Agreement shall be binding upon and inure to
the benefit of the parties and their respective successors and assigns.
Section 7.10. Headings. Headings preceding the text of the several Articles and Sections
hereof, and the table of contents, are solely for convenience of reference and shall not
Constitute a part of this Agreement or affect its meaning, construction or effect.
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Section 7.11. Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all of which shall constitute but
one and the same instrument.
IN WITNESS WHEREOF, the parties have executed and attested this Agreement by
their officers thereunto duly authorized as of the date and year first written above.
CITY OF BROOKINGS, SOUTH DAKOTA
By: ______________________________
Its: Tim Reed, Mayor
ATTEST:
_____________________________
Shari Thornes, City Clerk
City signature page to Trust Indenture
FIRST BANK AND TRUST, TRUSTEE
By _____________________________
Its _____________________________
TRUSTEE signature page to Trust Indenture
EXHIBIT A - DISBURSEMENT REQUEST
EXHIBIT B - FORM OF CERTIFICATE OF PARTICIPATION
EXHIBIT C - SCHEDULE OF TRUSTEE'S FEES
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OTHER BUSINESS
17. Adjourn.