HomeMy WebLinkAboutCCMinutes_2013_10_22 11 �
Brookings City Council
October 22, 2013
The Brookings City Council held a meeting on Tuesday, October 22, 2013 at 6:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Mike
McClemans,Tom Bezdichek, Ope Niemeyer, Keith Corbett,Jael Thorpe and John Kubal. City
Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also
present.
6:00 p.m. Regular Council Meeting
Consent A�enda. The preliminary plat for Christie Springs Addition in the NE%of the NW%of
Section 2-T109N-RSOW was removed at the request of the applicant. The October 8th minutes
were amended. A motion was made by Kubal, seconded by Corbett,to approve the consent
agenda.
A. Action to approve the agenda as amended.
B. Action to approve the October 8 and October 15 City Council minutes.
C. Action on appointments to the Brookings Committee for People who have Disabilities:
Move Nadine Gjerde from student position into the vacancy and appoint Shawn Minor
to student position.
D. Action on Resolution No. 118-13,a Resolution authorizing the City Manager to enter
into an On-Sale Liquor Operating Agreement with Applebee's,3001 LeFevre Drive.
Resolution No. 118-13 -Applebee's—Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota,that the city Council hereby
approves a Renewal Agreement for the Operating Liquor Management Agreement
between the City of Brookings and Todd Porter and Todd Schriever, owners, Applebee's,
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 3001 LeFevre Drive, also known as
Applebee's.
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.
E. Action on Resolution No. 119-13,a Resolution authorizing the City Manager to enter
into an On-Sale Liquor Operating Agreement with Sully's Irish Pub,421 Main Ave.
Resolution No. 119-13-Sully's Irish Pub—Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota,that the city Council hereby
approves a Renewal Agreement for the Operating Liquor Management Agreement
between the City of Brookings and Brennan and Lori Sullivan, owners, Sully's Irish Pub,
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 421 Main Avenue, also known as Sully's
Irish Pub.
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.
F. Action to authorize the Mayor to sign a letter of support for fundin�application for
Habitat for Humanity.
G. Action on Resolution No. 120-13, a Resolution authorizing Change Order No. 1 for the
Bob Sheldon Field Restrooms/Concession Building; Rangel Construction Company, Inc.
Resolution No. 120-13-A Resolution authorizing Change Order No. 1 for the
Bob Sheldon Field Restrooms/Concession Building; Rangel Construction Company, Inc.
Be It Resolved by the City Council that the following change order be allowed for
Resolution No. 120-13 Bob Sheldon Field Restrooms/Concession Building: Construction
Change Order No. 1: Rangel Construction Company, Inc.
Labor and materials for excavation and hauling of additional debris from the foundation
and footings in the existing building site. Labor& Materials: Concrete Breaker @ $85 x
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3.Ohrs =$255.00; Backhoe @ $85 x 10.Ohrs. _ $850.00; Hauling Truck @ $85 x 10.Ohrs. _
$850.00; Skid Steer @ $65 x 4.0 hrs. _$260.00; Front End Loader @ $95 x 3.5hrs. _
$332.50 for a total of$2,547.50. Overhead @ 6% _$ 152.85 for a subtotal of
$2,700.35. Pro�t @ 6%= 162.02for a subtotai of$2,862.37. Bond @ 2%= 57.25 for a
subtotal of$2,919.62. SD Excise Tax @ 2.1%= 61.31 for a total of$2,980.93. There
will be a total addition of$2,980.93.
Contract history: $172,950.00 original contract sum; $175,930.93 new contract amount
after change order No. 1.
H. Action on Resolution No. 121-13, a Resolution fixing time and place for hearing Upon
Assessment Roll for 32"d Avenue Street Assessment Project No. 2012-025WA.
Resolution No. 121-13- Resolution Fixing Time and Place for Hearing Upon Assessment
Roll for 32"d Avenue Street Assessment Project No. 2012-02SWA
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Street Assessment Project No. 2022-02SWA having been filed
in the office of the City Clerk on the 16th day of October, 2013,the City Council shall
meet in the Chambers at the City&County Government Center, in said City on Tuesday,
the 26th day of November, 2013, at 6:00 o'clock PM, the said date being not less than
twenty (20) days from the�ling of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in
genera)terms Street Assessment Project No. 2012-02SWA,the date of�ling the
assessment roll,the time and place of hearing thereon, stating that the assessment roll
will be open for public inspection at the office of the City Engineer and referring to the
assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper not less than ten nor more than twenty days prior to the date set for hearing
and to mail a copy thereof, by first class or certified mail, addressed to the owner or
owners of any property to be assessed at his, her or their last mailing address as shown
by the records of the Director of Equalization not less than ten nor more than twenty
days prior to the date set for said hearing.
1. Action on Resolution No. 122-13, a Resolution authorizing the Naming of the New
Playground at Arrowhead Park.
Resolution No. 122-13 -A Resolution Authorizing the Naming of the New Playground at
Arrowhead Park
Be It Resolved by the City Council that the playground equipment donated by the Lee
Family and installed in October of 2013 within Arrowhead Park be name the Davis J. Lee
Memorial Playground and appropriate signage reflecting this naming be included on the
playground equipment.
All present voted yes; motion carried.
Resolution No. 123-13. A motion was made by Niemeyer, seconded by McClemans,to approve
Resolution No. 123-13, a Resolution awarding a contract for a Skid Steer Loader for the Swiftel
Center. All present voted yes; motion carried.
Resolution No. 123-13 - Resolution Awarding Bids for the Skid Steer Loader
Whereas,the City of Brookings opened bids for the skid steer loader on Tuesday, October 15,
2013 at 1:30 pm at the Brookings City&County Government Center; and
Whereas,the City of Brookings has received the following bids for the skid steer loader:
Schuneman Equipment Co., Brookings SD: Base Bid $32,550.71 Alternate#1: $5450.00
Bobcat of Brookings, Inc., Brookings, SD: Base Bid $34,473.27 Alternate#1: $8471.00
Farmers Implement & Irrigation, Brookings, SD: Base Bid: $39,730.00 Alternate#1: $8,000.00
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Now Therefore, Be It Resolved that the low base bid of Schuneman Equipment Co. for the base
bid of$32,550.71 be accepted.
Ordinance No. 19-13. A public hearing was held on Ordinance No. 19-13, an Ordinance
amending a Conditional Use Permit for a Kennel on Lot 2, Block 5, Bidco Addition. No public
comments. A motion was made by Corbett, seconded by Kubal,to approve Ordinance No. 19-
13. Bezdichek expressed concern about the need for the action and the process. All present
voted yes; motion carried.
Ordinance No. 20-13. A public hearing was held on Ordinance No. 20-13, an Ordinance
authorizing a Supplemental Appropriation to the 2013 Budget for the purpose of providing for
additional funds for the operation of the City. No public comments. A motion was made by
Kubal, seconded by Corbett,to approve Ordinance No. 20-13. All present voted yes; motion
carried.
Ordinance No. 18-13. A public hearing was held on Ordinance No. 18-13, an Ordinance
establishing Maximum Occupancy Limits for Dwelling Units and Penalties for Violations in the
City of Brookings,SD. No public comments. A motion was made by Niemeyer, seconded by
McClemans,to approve Ordinance No. 18-13. All present voted yes; motion carried.
Resolution No. 12413. A public hearing was held on Resolution No. 124-13, a Resolution
authorizing the execution,terms, issuance, sale and payment of Sales Tax Revenue Bonds,
Series 2014A in the Aggregate Principal Amount of not to exceed ten million and no/100
($10,000,000), of the City of Brookings of Brookings County,South Dakota. A motion was made
by Kubal, seconded by Thorpe,to approve Resolution No. 124-13. All present voted yes;
motion carried.
Resolution No. 124-13- Resolution Authorizing The Execution,Terms, Issuance,Sale And
Payment Of Sales Tax Revenue Bonds,Series 2014A In The Aggregate Principal Amount Of Not
To Exceed Ten Million And No/100 Dollars ($10,000,000), Of The City Of Brookings Of Brookings
County, South Dakota.
WHEREAS, the City of Brookings is authorized by the provisions of SDCL §10-52-2.10 to issue
bands; and
WHEREAS, the City of Brookings pursuant to the provisions of Article II Chapter 78 of the
Revised Ordinances of the City of Brookings,South Dakota levies non-ad valorem tax; and
WHEREAS, the City Council has determined and does hereby declare that it is necessary and in
the best interest of the City to issue Sales Tax Revenue Bonds, Series 2014A for the purpose of
providing funds to pay costs associated with the infrastructure improvements relating to
improving/upgrading storm and sani�ary sewer, road and drinking water.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS OF
BROOKINGS COUNTY, SOUTH DAKOTA,AS FOLLOWS:
ARTICLE I
DEFINIT�ONS
Section 1.1. Definition of Terms.
In addition to the words and terms elsewhere defined in this Bond Resolution, the following
words and terms as used herein, whether or not the words have initial capitals, shall have the
following meanings, unless the context or use indicates another or different meaning or intent,
and such definitions shall be equally applicable to both the singular and plural forms of any of
the words and terms herein defined:
"Act" means collectively SDCL Chapter 6-8B and Chapter 10-52, as amended.
"Accredited Investor" means as defined in 17 CFR § 230.215.
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"Authorized Officer of the Citv" means the Mayor, Finance Manager and the City Clerk, or, in
the case of any act to be performed or duty to be discharged, any other member, officer, or
employee of the City then authorized to perform such act or discharge such duty.
"Bonds" mean not to exceed $10,000,000 of Sales Tax Revenue Bonds, Series 2014A, dated the
Closing Date, or such other designation or date as shall be determined by the City Council
pursuant to Section 8.1 hereof, authorized and issued under the Bond Resolution.
"Bond Counsel" means Meierhenry Sargent LLP, a firm of attorneys recognized as having
experience in matters relating to the issuance of state or local governmental obligations.
"Bond Payment Date" means such dates set forth in the Bond Purchase Agreement.
"Bond Purchase A�reement" means the agreement between the City and the Purchaser for the
purchase of the Bonds.
"Bond Resolution" means the within Resolution, duly adopted by the City Council on the date
hereof, as it may be amended from time to time.
"Bondholder", "Holder" and "Re�istered Owner" means the registered owner of a Bond,
including any nominee of a Depository.
"Capital Proiect" means the various capital improvements throughout the community.
"C�" means the City of Brookings, Brookings County, South Dakota, a municipality organized
under the State of South Dakota.
"Citv Council" means the City Council of the City elected pursuant to the provisions of SDCL Title
9.
"Citv Finance Mana�er" means the City Finance Manager of the City appointed pursuant to the
provisions of South Dakota Codified Laws Title 9 or the Brookings City Charter, 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 Council to perform the duties otherwise
performed by the City Finance Manager, or his/her designee.
"Closin� Date" means the date the Bonds are exchanged for value.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
of the United States Department of Treasury promulgated thereunder as in effect on the date
of issuance of the Bonds.
"Costs of Issuance" means all costs, fees, charges and expenses incurred in connection with the
issuance of the Bonds, including costs for bond insurance and rating agency fees.
"Debt" means (1) indebtedness of the City for borrowed money or for the deferred purchase
price of property or services, and expressly including the obligation to pay principal and interest
on or with respect to revenue bonds, (2) the obligation of the City as lessee under leases which
should be recorded as capital leases under generally accepted accounting principles, and (3)
obligations of the City under direct or indirect guarantees in respect of, and obligations,
contingent or otherwise, to purchase or otherwise acquire, or otherwise to assure a creditor
against loss in respect of, indebtedness or obligations of others of the kinds referred to in
subdivisions (1) and (2) above.
"Finance Mana�er" means the Finance Manager of the City appointed pursuant to the
provisions of South Dakota Codified Laws Title 9 or, the Brookings City Charter, 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 Mayor and approved by the City Council to
perform the duties otherwise performed by the Finance Manager, or his/her designee.
"Interest Pavment Dates" means such dates set forth in the Bond Purchase Agreement.
"Mavor" means the Mayor elected pursuant to the provisions of SDCL Chapter 9 or the
Brookings City Charter or his or her designee acting on his or her behalf.
"Outstandin�", "Bonds Outstandin�", or "Outstandin� Bonds" means, as of a particular date all
Bonds issued and delivered under this Bond Resolution except: (1) any Bonds paid or redeemed
or otherwise canceled by the City at or before such date; (2) any Bond for the payment of which
cash, equal to the principal amount thereof with interest to date of maturity, shall have
theretofore been deposited prior to maturity by the City for the benefit of the Owner thereof;
(3) any Bond for the redemption of which cash, equal to the redemption price thereof with
interest to the redemption date, shall have theretofore been deposited with the Registration
Agent and for which notice of redemption shall have been mailed in accordance with this Bond
Resolution; (4) any Bond in lieu of or in substitution for which another Bond shall have been
, delivered pursuant to this Resolution, unless proof satisfactory to the City is presented that any
Bond, for which a Bond in lieu of or in substitution therefor shall have been delivered, is held by
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a bona fide Purchaser, as that term is defined in Article 8 of the Uniform Commercial Code of
the State, as amended, in which case both the Bond in lieu of or in substitution for which a new
Bond has been delivered and such new Bond so delivered therefor shall be deemed
Outstanding; and, (5) any Bond deemed paid under the provisions of Article VII of this
Resolution, except that any such Bond shall be considered Outstanding until the maturity or
redemption date thereof only for the purposes of being exchanged,transferred, or registered.
"Outstanding Paritv Bonds" means any bonds payable from the Pledged Revenues.
"Person" means an individual, partnership, corporation, trust, or unincorporated organization,
or a governmental entity or agency or political subdivision thereof.
"Pled�ed Revenues" means the proceeds of Sales Tax collected in each year excluding any
collections of the Third Penny Tax.
"President" means the President of the City Council who may act for the Mayor in the absence
of the Mayor.
"Proiect„ means the various capital improvements throughout the community, land
acquisitions, and to pay the costs of issuance of the Bonds.
"Purchase A�reement" means the Bond Purchase Agreement authorized pursuant to and
described in Section 8.1 hereof by and between the City and the Purchaser.
"Purchaser" means First Bank & Trust, Brookings, South Dakota acting for and on behalf of
itself.
"Record Date" means such dates set forth in the Bond Purchase Agreement.
"Re�istration A�ent" means City of Brookings Finance Manager, Brookings, South Dakota, its
successor or successors hereafter appointed in the manner provided in Article VI hereof.
"Resolution" means this Bond Resolution.
"Sales Tax" means the City's two percent tax on the gross receipts of all persons engaged in
business within the jurisdiction of the city who are subject to the South Dakota Retail
Occupational Sales and Service Tax, SDCL ch. 10-45, and Use Tax, SDCL ch. 10-46, excluding any
collections of the sales tax on room rentals to transient guests, sales of alcoholic beverages,
prepared foods and ticket sales imposed by Section 78-32(b) of the City of Brookings Code of
Ordinances.
"Schedule" means the principal and interest payment schedule for the Bonds.
Section 1.2. References to Resolution.
The words "hereof", "herein", "hereunder", and other words of similar import refer to this Bond
Resolution as a whole.
Section 1.3. References to Articles,Sections, Etc.
References to Articles, Sections, and other subdivisions of this Bond Resolution are to the
designated Articles, Sections, and other subdivisions of this Bond Resolution as originally
adopted.
Section 1.4. Headings.
The headings of this Bond Resolution are for convenience only and shall not de�ne or limit the
provisions hereof.
ARTICLE II
FINDINGS .
Section 2.1
It is hereby found, and declared that:
(a) there is a necessity to issue the Bonds;
(b) that all limitations upon the issuance of Bonds have been met;and
(c) that the Bonds are being authorized, issued and sold in full accordance with the
provisions of the Act.
ARTICLE III
AUTHORITY, PLEDGE, LEVY AND ACCOUNTS
Section 3.1 Authority to Issue Bonds.
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The Bonds are hereby authorized to be issued pursuant to and in accordance with the
provisions of the Act, the 8ond Resolution, and other applicable provisions of law in the
aggregate principal amount as finalized by the Bond Purchase Agreement.
Section 3.2 Pledge of Sales Tax.
The Pledged Tax shall be and is hereby irrevocably pledged to the prompt and full payment of
the principal, premium and interest on each and all of said Bonds as such principal, premium
and interest respectively become due.
Section 3.3. Collection of Taxes. •
Pursuant to SDCL § 10-52-2.10, the City does hereby pledge, provide and agree that it will
continue to impose and cause the collection of the Pledged Tax so long as the Bonds are
outstanding. The governing body shall also pledge so much of the collections of the Pledged Tax
as may be necessary to pay the principal, premium and interest on the bonds and to maintain
any debt service reserve established for the Bonds.
Section 3.4. Accounts.
(a) Sales Tax Fund. The Finance Manager will account for the collection of the Sales Tax and
shall take all reasonable action necessary for this responsibility in accordance with law and
standard principles of accounting. All funds and accounts shall be established and maintained
in accordance with the South Dakota Department of Legislative Audit Municipal Accounting
Manual.
(b) Construction Account. There is hereby created and established a "Construction Account"
There shall be credited to the Construction Account the proceeds from the sale of the Bonds
remaining after (a) the deposit to the Reserve Account required by Section 3.05, and (b)
payment of the (i) Purchaser's discount, (ii) OID and (iii) any other expenses of issuing the
Bonds. All moneys credited to the Construction Account shall be applied solely to the payment
of the costs associated with the Capital Project and Costs of Issuance.
(c) Principal and Interest Account. There is hereby created and established a "Principal and
Interest Account." Immediately upon delivery of the Bonds, there shall be credited to the
Principal and Interest Account the amount of accrued interest received from the Purchaser.
Commencing on the date specified in the Bond Purchase Agreement, there shall be withdrawn
from the sales tax fund at least monthly and credited to the Principal and Interest Account an
amount which will equal at least one-sixth (1/6th) of the interest becoming due on the next
succeeding payment date and one-twelfth (1/12th) of the principal becoming due on the next
succeeding payment dates with respect to the Outstanding Bonds. In all events there shall be
credited to the Principal and Interest Account amounts sufFicient to pay the principal of and
interest on the Outstanding Bonds as the same become due.
(d) Reserve Account. There is hereby created and established a "Reserve Account."There shall
be credited to the Reserve Account from the proceeds of the Bonds, an amount equal to the
Reserve Requirement. Thereafter, in the event that the amount on deposit in the Reserve
Account shall thereafter fall below the Reserve Requirement, additional deposits shall be made
from the Pledged Revenues to the Reserve Account until the Reserve Requirement is again
reached. Upon the issuance of any Parity Bonds, the Reserve Requirement established in this
section shall be increased to an amount equal to the combined maximum annual debt service
on the Outstanding Bonds and Outstanding Parity Bonds. The balance required shall be funded
on the delivery date of the parity lien bonds. Moneys credited to the Reserve Account may be
used only for the payment of principal of and interest on the Outstanding Bonds and
Outstanding Parity Bonds and shall be used only in the event that there are insufficient moneys
in the Principal and Interest Account to meet such principal and interest payments promptly
when due. The interest from any investment of the Reserve Account may be transferred from
time to time to the Construction Account, provided that after completion of the Capital Project
such interest shall be transferred to the Principal and Interest Account. No transfer of
investment income shall be made from the Reserve Account at any time when the balance
therein is less than the Reserve Requirement. Such investments shall be subject to the
limitations of South Dakota law.
(e) Subordinate Lien Bonds.After making the above required payments, any remaining Pledged
Revenues may be used for the payment of the principal of and interest on any additional sales
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tax revenue bonds having a lien which is subordinate to the lien of the Outstanding Bonds, and
for a reserve fund as additional security for the payment of such subordinate lien bonds.
(f) Other Expenditures.The remaining Pledged Revenues may be used for any legally authorized
purpose.
ARTICLE IV
FORM, TERMS, EXECUTION,AND TRANSFER OF BONDS
Section 4.1. Authorized Bonds.
The aggregate principal amount of Bonds that may be issued under the Bond Resolution shall
not exceed Ten Million and No/100 Dollars ($10,000,000).
Section 4.2. Form of Bonds; Execution.
(a) The Bonds are issuable only as fully registered Bonds, without coupons, in any
denomination. All Bonds issued under the Resolution shall be substantially in the form set forth
in Exhibit A attached hereto, and by this reference incorporated herein as fully as though
copied.
(b) The Bonds shall be executed in such manner as may be prescribed by applicabfe law in the
name and on behalf of the City with the manual or facsimile signature of the Mayor, attested by
the manual or facsimile signature of the City Finance Manager, and approved as to form and
countersigned by a Resident Attorney by his manual or facsimile signature.
(c) In the event any officer whose manual or facsimile signature shall appear on any Bonds shall
cease to be such officer before the delivery of such Bonds, such manual or such facsimile
signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained
in office until such delivery. Any Bonds may bear the facsimile signature of, or may be manually
signed by, such individuals who, at the actual time of the execution of such Bonds,were the
proper officers of the City to sign such Bonds, although on the date of the adoption by the City
of this Resolution, such individuals may not have been such officers.
Section 4.3 Maturities, Interest Rates, and Certain Other Provisions of Bonds.
(a) The Bonds shall become due and payable and be subject to the terms and conditions as are
set forth in the Bond Purchase Agreement.
(b) The Bonds shall be desi�nated "Sales Tax Revenue Bonds, Series 2014A," or such other
designation as shall be determined by the City Council pursuant to Section 8.1 hereof. The
Bonds shall bear interest from their date or from the most recent interest payment date to
which interest has been paid or duly provided for, until the principal amount of the Bonds is
paid, such interest (computed upon the basis of a 360-day year of twelve 30-day months unless
othen�vise provided by the Bond Purchase Agreement) being payable on Interest Payment
Dates. Interest on each Bond shall be paid by wire transfer, check or draft of the Paying Agent,
payable in lawful money of the United States of America,to the person in whose name such
Bond is registered at the close of business on the Record Date. The principal of the Bond shall
be payable in lawful money of the United States of America at the principal office of the Paying
Agent on the Bond Payment Date. Each Bond shall state that it is issued pursuant to the Act.
(c) The Registration Agent shall make all interest payments with respect to the Bonds on each
interest payment date direct{y to the registered owners as shown on the bond registration
records maintained by the Registration Agent as of the close of business on the Record Date by
wire transfer, check or draft mailed to such owners at their addresses shown on said bond
registration records, without, except for final payment, the presentation or surrender of such
registered Bonds, and all such payments shall discharge the obligations of the City in respect of
such Bonds to the extent of the payments so made. Payment of principal and premium, if any,
on the Bonds shall be made upon presentation and surrender of such Bonds to the Registration
Agent as the same shall become due and payable.
Section 4.4 Negotiability of Bonds.
All Bonds issued under this Resolution shall be negotiable, subject to the provisions for
registration and transfer contained in this Resolution and in the Bonds.
Section 4.5 Registration,Transfer and Exchange of Bonds.
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(a) The Bonds are transferable only by presentation to the Registration Agent by the registered
owner, or his legal representative duly authorized in writing, of the registered bond(s) to be
transferred with the form of assignment on the reverse side thereof completed in full and
signed with the name of the registered owner as it appears upon the face of the bond(s)
accompanied by appropriate documentation necessary to prove the legal capacity of any legal
representative of the registered owner. Upon receipt of the bond(s) in such form and with such
documentation, if any, the Registration Agent shall issue a new bond or bonds to the
assignee(s) in such denominations, or integral multiples thereof, as requested by the registered
owner requesting transfer. The Registration Agent shall not be required to transfer or exchange
any bond during the period commencing on a Record Date and ending on the corresponding
interest payment date of such bond, nor to transfer or exchange any bond after the publication
of notice calling such bond for redemption has been made, nor to transfer or exchange any
bond during the period following the receipt of instructions from the City to call such bond for
redemption; provided, the Registration Agent, at its option, may make transfers after any of
said dates. No charge shall be made to any registered owner for the privilege of transferring
any Bonds, provided that any transfer tax relating to such transaction shall be paid by the
registered owner requesting transfer. The person in whose name any bond shall be registered
shall be deemed and regarded as the absolute owner thereof for all purposes and neither the
City nor the Registration Agent shall be affected by any notice to the contrary whether or not
any payments due on the Bonds shall be overdue. Bonds, upon surrender to the Registration
Agent, may, at the option of the registered owner, be exchanged for an equal aggregate
principal amount of Bonds of the same maturity in any authorized denomination or
denominations.
Section 4.6 Mutilated, Lost, Stolen, or Destroyed Bonds.
(a) In the event any bond is mutilated, lost, stolen, or destroyed, the City may execute, and
upon the request of an Authorized Officer of the City, the Registration Agent shall authenticate
and deliver, a new bond of like maturity, interest rate, and principal amount, and bearing the
same number(but with appropriate designation indicating that such new bond is a replacement
bond) as the mutilated, destroyed, lost, or stolen bond, in exchange for the mutilated bond or
in substitution for the bond so destroyed, lost, or stolen. In every case of exchange or
substitution, the bondholder shall furnish to the City and the Registration Agent: (1) such
security or indemnity as may be required by them to save each of them harmless from all risks,
however remote; and, (2) evidence to their satisfaction of the mutilation, destruction, loss, or
theft of the subject bond and the ownership thereof. Upon the issuance of any bond upon such
exchange or substitution, the City and the Registration Agent may require the Owner thereof to
pay a sum sufficient to defray any tax or other governmental charge that may be imposed in
relation thereto and any other expenses, including printing costs and counsel fees, of the City
and the Registration Agent. In the event any bond which has matured or is about to mature
shall become mutilated or be destroyed, lost, or stolen, the City may, instead of issuing a bond
in exchange or substitution therefor, pay or authorize the payment of the same (without
surrender thereof except in the case of a mutilated bond) if the Owner thereof shall pay all
costs and expenses, including attorney's fees, incurred by the City and the Registration Agent in
connection herewith, as well as a sum sufficient to defray any tax or other governmental charge
that may be imposed in relation thereto and shall furnish to the City and the Registration Agent
such security or indemnity as they may require to save them harmless and evidence to the
satisfaction of the City and the Registration Agent the mutilation, destruction, loss, or theft of
such bond and of the ownership thereof.
(b) Every bond issued pursuant to the provisions of this section shall constitute an additional
contractual obligation of the City (whether or not the destroyed, lost, or stolen bond shall be
found at any time to be enforceable) and shall be entitled to all the benefits of this Bond
Resolution equally and proportionately with any and all other Bonds duly issued under this
Bond Resolution.
(c)All Bonds shall be held and owned upon the express condition that the provisions of this
Section are exclusive, with respect to the replacement or payment of mutilated, destroyed, lost,
or stolen Bonds, and,to the maximum extent legally permissible, shall preclude all other rights
or remedies, notwithstanding any law or statute now existing or hereafter enacted to the
contrary.
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Section 4.7 Authentication.
The Registration Agent is hereby authorized to authenticate and deliver the Bonds to the
Purchaser or as it may designate upon receipt by the City of the proceeds of the sale thereof,to
authenticate and deliver Bonds in exchange for Bonds of the same principal amount delivered
for transfer upon receipt of the bond(s)to be transferred in proper form with proper
documentation as hereinabove described.The Bonds shall not be valid for any purpose unless
authenticated by the Registration Agent by the manual signature of an officer thereof on the
certificate set forth herein on the bond form.
ARTICLE V
REDEMPTION OF BONDS PRIOR TO MATURITY
Section 5.1 Redemption.
(a) Redemption. The Bonds shall be redeemable as set forth in the Bond Purchase Agreement.
ARTICLE VI
REGISTRATION AGENT
Section 6.1. Appointment and Acceptance of Duties.
(a) The City hereby authorizes the City Finance Manager to appoint the Registration Agent
with respect to the Bonds and authorizes and directs the Registration A�ent to maintain bond
registration records with respect to the Bonds, to authenticate and deliver the Bonds as
provided herein, either at original issuance, upon transfer, or as otherwise directed by the City,
to effect transfers of the Bonds,to give all notices of redemption as required herein,to make all
payments of principal and interest with respect to the Bonds as provided herein, to cancel and
destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for
exchange or transfer, to furnish the City at least annually a certificate of destruction with
respect to Bonds canceled and destroyed, and to furnish the City at least annually an audit
confirmation of Bonds paid, Bonds Outstanding and payments made with respect to interest on
the Bonds. The Mayor and the City Finance Manager, or either of them is hereby authorized to
execute and the City Clerk is hereby authorized to attest such written agreement between the
City and the Registration Agent as they shall deem necessary or proper with respect to the
obligations, duties and rights of the Registration Agent. The payment of all reasonable fees and
expenses of the Registration Agent for the discharge of its duties and obligations hereunder or
under any such agreement is hereby authorized and directed.
Section 6.2. Permitted Acts and Functions.
The Registration Agent may become the Owner of any Bonds, with the same rights as it would
have if it were not a Registration Agent.The Registration Agent may act as Purchaser or fiscal
agent in connection with the sale of the Bonds or of any other securities offered or issued by
the City.
Section 6.3. Resignation or Removal of the Registration Agent and Appointment of Successors.
(a) The Registration Agent may at any time resign and be discharged of the duties and
obligations created by #he Bond Resolution by giving at least sixty (60) calendar days' written
notice to the City Finance Manager. The Registration Agent may be removed at any time by the
City Finance Manager, provided that such removal does not constitute a breach of any
contractual agreement with any such Registration Agent, by filing written notice of such
removal with such Registration Agent. Any successor Registration Agent shall be appointed by
the City Finance Manager and shall be a trust company or a bank having the powers of a trust
company, having a combined capital, surplus, and undivided profits aggregating at least Forty
Million Dollars ($40,000,000), willing to accept the office of Registration Agent on reasonable
and customary terms and authorized by law to perform all the duties imposed upon it by the
Bond Resolution.
(b) In the event of the resignation or removal of the Registration Agent, such Registration
Agent shall pay over, assign and deliver any monies and securities held by it as Registration
Agent, and all books and records and other properties held by it as Registration Agent, to its
successor, or if there be no successor then appointed, to the City Finance Manager until such
successor be appointed.
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Section 6.4. Merger or Consolidation of Registration Agent.
Any corporation or association into which the Registration Agent may be converted or merged,
or with which it may be consolidated, or to which it may sell or transfer its trust business and
assets as a whole, or substantially as a whole, or any corporation or association resulting from
any such conversion, sale, merger, consolidation, or transfer to which it is a party shall be and
become successor Registration Agent hereunder and shall be vested with all the trusts, powers,
discretion, immunities, privileges, and other matters as was its predecessor, without the
execution or filing of any instrument or any further act, deed, or conveyance on the part of any
of the parties hereto, anything herein contained to the contrary notwithstanding. Upon any
such conversion, merger, consolidation, sale or transfer,the City Finance Manager shall have
the right and option, upon notice to such converted, merged, consolidated or acquiring entity,
to remove such entity and appoint a successor thereto pursuant to the procedures and
requirements set forth in Section 6.3 hereof.
ARTICLE VII
ADDIT/ONAL BONDS
The City may issue additional bonds (the "Parity Bonds") payable from the Pledged Revenues
and having a lien upon such revenues on a parity with the Bonds and the Outstanding Parity
Bonds providing that:
1. the City is current in the payment of principal and interest on the Outstanding Bonds
and is current in the collections required for the Principal and Interest Account and the Reserve
Account.
2. the City is in compliance with all covenants of Outstanding Parity Bonds and
3. the Pledged Revenues collected by the City in the last preceding fiscal year are
sufficient to cover 1.25 times the combined average annual principal and interest requirements
on the Outstanding Bonds and the proposed Parity Bonds.
ARTICLE VIII
SALE OF BONDS AND DEPOSIT OF PROCEEDS
Section 8.1. Sale of Bonds.
The Bonds shall be sold to the Purchaser who is an Accredited Investor at a price to be set forth
in the Bond Purchase Agreement. The Mayor and the Finance Manager, or either of them, in
consultation with the Purchaser, is authorized to make such changes in the structuring of the
terms and sale of the Bonds as they shall deem necessary. In this regard, they, or either of
them, in consultation with the Purchaser, are authorized to cause to be sold an aggregate
principal amount of the Bonds less than that authorized herein,to sell any or all of the Bonds as
term Bonds with annual mandatory redemption requirements which wil! produce substantially
the same annual principal reductions as authorized herein, to change the dated date of the
Bonds, and to adjust principal and interest payment dates and redemption dates of the Bonds.
The form of the bond set forth in Exhibit A attached hereto shall be conformed to reflect any
changes, if any, as hereinbefore mentioned.The Mayor, City Finance Manager and City Clerk, or
any of them, are hereby authorized to execute and the City Clerk is authorized to attest the
Bond Purchase Agreement with the Purchaser providing for the purchase and sale of the Bonds.
The Bond Purchase Agreement shall be in form and content acceptable to the Mayor and City
Finance Manager, the execution thereof by either of them to constitute conclusive evidence
thereof; provided the Bond Purchase Agreement effects the sale of the Bonds in accordance
with the provisions of this Resolution, and is not inconsistent with the terms hereof. The Mayor
and the City Finance Manager are authorized to cause the Bonds to be authenticated and
delivered by the Registration Agent to the Purchaser and to execute, publish, and deliver all
Bonds and closing documents as they shall deem necessary in connection with the sale and
delivery of the Bonds.
Section 8.2. Disposition of Bond Proceeds.
The proceeds of the sale of the Bonds shall be deposited in the Public Improvement
Fund. The proceeds shall be used for Capital Project and Costs of Issuance and shall be
evidenced on the books of the City.
12 �
Section 8.4. Tax Matters.
(a) The City covenants and agrees with the registered owners from time to time of the Bonds
that it will not take or permit to be taken by any of its ofFicers, employees or agents any
action which would cause the interest on the Bonds to become includable in gross
income for federal income tax purposes under the Code and applicable Treasury
Regulations (the "Regulations"), and covenants to take any and all actions within its
powers to ensure that the basic interest on the Bonds will not become includable in gross
income for federal income tax purposes under the Code and the Regulations.
(b) The Mayor and the City Finance Manager, being the ofFicers of the City charged with the
responsibility for issuing the Bonds pursuant to this Resolution are hereby authorized and
directed to execute and deliver to the Purchaser thereof a certificate in accordance with
the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations,
stating that on the basis of facts, estimates and circumstances in existence on the date of
issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds
will be used in a manner that would not cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and the Regulations.
(c) The City shall file with the Secretary of the Treasury a statement concerning the Bonds
containing the information required by Section 149(e) of the Code.
ARTICLE IX
MISCELLANEOUS
Section 9.1. Failure to Present Bonds.
(a) Subject to the provisions of Section 4.7 hereof, in the event any Bond shall not be
presented for payment when the principal or redemption price hereof becomes due,either at
maturity or at the date fixed for prior redemption thereof or otherwise, and in the event
monies sufficient to pay such Bond shall be held by the Registration Agent for the benefit of the
Owner thereof, all liability of the City to such Owner for the payment of such Bond shall
forthwith cease, determine, and be completely discharged. Whereupon,the Registration Agent
shall hold such monies, without liability for interest thereon,for the benefit of the Owner of
such Bond who shall thereafter be restricted exclusively to such monies for any claim under the
Resolution or on, or with respect to, said Bonds.
(b) If any Bond shall not be presen#ed for payment within a period of�ve years following the
date when such Bond becomes due,whether by maturity or otherwise,the Registration Agent
shall, subject to the provisions of any applicable escheat or other similar law, pay to the City
any monies then held by the Registration Agent for the payment of such Bond and such Bond
shall (subject to the defense of any applicable statute of limitation)thereafter constitute an
unsecured obligation of the City.
Section 9.2. Payments Due on Saturdays,Sundays, and Holidays.
In any case where the date of maturity or interest on or principal of any Bonds, or the date
fixed for redemption of any Sonds,shall be a Saturday or Sunday or shall be, at the place
designated for payment, a legal holiday or a day on which banking institutions similar to the
Registration Agent are authoriaed by law to close,then the payment of the interest on, or the
principal, or the redemption price of, such Bond need not be made on such date but must be
made on the next succeeding day not a Saturday,Sunday, or a tegal holiday or a day upon
which banking institutions similar to the Registration Agent are authorized by law to close, with
the same force and effect as if made on the date of maturity or the date fixed for redemption,
and no interest shall accrue for the period after such date.
Section 9.3. Miscellaneous Acts.
The appropriate ofFicers of the City are hereby authorized, empowered, and directed to do any
and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or
record, or cause to be filed or recorded, in any appropriate public offices, all such documents,
instruments, and certifications, in addition to those acts, things, documents, instruments, and
certifiications hereinbefore authorized and approved, as may, in their discretion, be necessary
129
or desirable to implement or comply with the intent of the Bond Resolution, or any of the
documents herein authorized and approved, or for the authorization, issuance, and delivery by
the City of the Bonds.
Section 9.4. Amendment.
The City Council is hereby authorized to make such amendments to the Bond Resolution as will
not impair the rights of the Bondholders.
Section 9.5. No Recourse Under Bond Resolution or on Bonds.
All stipulations, promises, agreements, and obligations of the City contained in the Resolution
or any supplemental resolutions shail be deemed to be the stipulations, promises, agreements,
and obligations of the City and not of any officer, director, or employee of the City in his or her
individual capacity, and no recourse shall be had for the payment of the principal of or interest
on the Bonds or for any claim based thereon or on the Resolution against any officer, director,
or employee of the City or against any official or individual executing the Bonds.
Section 9.6. Partial Invalidity.
If any one or more of the provisions of the Bond Resolution,or of any exhibit or attachment
thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any
court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof, or of any exhibit or attachment thereto, but the Bond Resolution, and
the exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or
unenforceable provision had never been contained herein, or therein, as the case may be.
Section 9.7. Continuing Disclosure.
The City is not required to provide financial information and material event notices as required
by Rule 15c2-12 of the Securities Exchange Council for the Bonds because it is selling its Bonds
to an Accredited Investor.
Section 9.8. Post Issuance Compliance.
The City does hereby adopt Meierhenry Sargent LLP Post Issuance Compliance Manual
procedures with regard to the Bonds: The City directs the Finance Manager to formalize the
written policies.
Section 9.9. Conflicting Resolutions Repealed.
All resolutions or parts thereof in conflict herewith are,to the extent of such conflict, hereby
repealed.
EXHIBIT A-(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CITY OF BROOKINGS
BROOKINGS COUNTY, SOUTH DAKOTA
SALES TAX REVENUE BONDS, SERIES 2014A
REGISTERED REGISTERED
No. $.00
Interest Rate Maturitv Date Bond Date
%
Registered Owner:
Principal Amount: AND NO\100 DOLLARS
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE CERTIFICATE SET
FORTH ON THE FOLLOWING PAGES, WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES
HAVE THE SAME EFFECT AS IF SET FORTH AT THIS PLACE.
It is hereby certified and recited that all conditions, acts and things required by law to
exist or to be done precedent to and in the issuance of this Bond did exist, have happened,
been done and performed in regular and due form and time as required by law.
13 �
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
bene�t or security under the Resolution until it shall have been authenticated by the execution
by the Registrar of the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or
facsimile signature of its Mayor of the City and to be countersigned by the manual or facsimile
signature of its City Finance Manager all as of the Bond Date specified above.
ATTEST: City of Brookings, South Dakota
By:
City Clerk
Mayor
COUNTERSIGNED:
Resident Attorney
CERTIFICATE OF AUTHENTICATION
This bond is a bond of the series designated therein and has been issued under the
provisions of the within-mentioned Resolution and the date of its authentication is
, 2014.
City of Brookin�s Finance Manager,
Brookings, South Dakota
Bond Registrar and Paying A�ent
By:
Authorized Officer
KNOW ALL MEN BY THESE PRESENTS: That the City of Brookings, South Dakota (the "City"), in
Brookings County, South Dakota, hereby acknowledges itself to owe and for value received
promises to pay, to the Registered Owner mentioned above in lawful money of the United
States of America, together with interest thereon from the Bond Date mentioned above at the
Interest Rate mentioned above. The interest hereon is payable and
semiannually thereafter on and in each year to
maturity or earlier redemption by wire transfer, check or draft mailed to the Registered Owner
at its address as it appears on the Bond registration books of the City maintained by City of
Brookings Finance Manager, Brookings, South Dakota, as Bond registrar and paying agent (the
"Registrar"), on the close of business on the day (whether or not a
business day) of the calendar month next preceding such interest payment date (the Record
Date ). The principal hereof due at maturity or upon redemption prior to maturity is payable at
.,
the office of Registrar upon presentation and surrender of this Bond at maturity or upon earlier
redemption. The principal of, premium (if any) and interest on this Bond is payable in any coin
or currency of the United States of America which, at the time of payment, is legal tender for
the payment of public and private debts.
This Bond is one of an authorized issue of Bonds limited in aggregate principal amount to a
maximum of$10,000,000 (the "Bonds") all of like date and tenor except as to maturity, interest
rates and privileges of redemption,the proceeds of the Bonds will be used for the purpose of (i)
funding the economic development (ii) funding a reasonably required reserve, and (iii) pay the
costs of issuance of Bonds, pursuant to a resolution duly and regularly adopted by the City (the
"Bond Resolution"), and are subject to all the provisions and limitations of the Resolution and
Chapters 10-52 and 6-8B, South Dakota Codified Laws, as amended. The City has pledged and
agreed to collect, so long as the Bonds are outstanding,the Cit�s two percent tax on the gross
receipts of all persons engaged in business within the jurisdiction of the city who are subject to
the South Dakota Retail Occupational Sales and Service Tax, SDCL ch. 10-45, Use Tax, ch. 10-46,
of the City of Brookings Code of Ordinances (the "Sales Tax") in an amount sufficient to pay
principal, premium and interest when due on the Bonds.
[Redemption Provisions]
131
This Bond is transferable by the registered holder hereof in person or by his attorney duly
authorized in writing at the office of the Bond Registrar in Brookings, South Dakota, but only in
the manner, subject to the limitations and upon payment of the charges provided in the Bond
Resolution, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond
or Bonds of authorized denomination of the same maturity and for the same aggregate
principal amount will be issued to the transferee in exchange therefore.
The City and the Bond Registrar may deem and treat the registered holder hereof as the
absolute owner hereof and neither the City nor the Bond Registrar shall be affected by any
notice to the contrary.
Additional Debt: The City may issue additional debt payable from Sales Tax provided (i)the City
is current in the payment of principal and interest on the Bonds and is current in the
accumulations required for the Principal and Interest Account, (ii) the City is in compliance with
the covenants contained in the Resolution, and either(iii)the Sales Tax collected by the City in the
last preceding fiscal year(as determined by the City) is sufficient to cover 1.25 times the combined
average annual principal and interest requirements on the all Outstanding Bonds, and the
proposed parity lien bonds, or (iv) the estimated Sales Tax to be collected in the fiscal year in
which the proposed parity lien bonds will be issued shall be at least equal to 1.25 times the
combined average annual principal and interest requirements of the Outstanding Bonds and the
proposed parity lien bonds.
[Bank Qualification: The City has in the Resolution designated such issue of Bonds as "qualified
tax-exempt obligations" pursuant to Section 265(b)(3)(6)(III) of the Internal Revenue Code of
1986, as amended.]
BOND OPINION
$10,000,000
City of Brookings
Brookings County, South Dakota
Sales Tax Revenue Bonds, Series 2014A
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance by the City of Brookings
(the "Issuer") of $10,000,000 Sales Tax Revenue Bonds, Series 2014A, dated ,
2013, (the "Bonds"). We have examined such certified proceedings and other papers as we
deem necessary to render this opinion.
We have not been engaged or undertaken to review the accuracy, completeness or
sufficiency of the Official Statement or other offering material relating to the Bonds and we
express no opinion relating thereto.
As to questions of fact material to our opinion, we have relied upon the certified
proceedings and other certi�cations of public officials furnished to us, without undertaking to
verify such facts by independent investigation.
Based upon the foregoing,we are of the opinion that, under existing law:
1. The Issuer is duly created and validly existing as a body corporate and politic and
public instrumentality of the State of South Dakota with the corporate power to adopt and
perform the Resolution and issue the Bonds.
2. Resolution has been duly adopted by the Issuer on
2013 and constitutes a valid and binding obligation of the Issuer enforceable upon the Issuer.
3. The Resolution pledges the City's two percent tax on the gross receipts of all persons
engaged in business within the jurisdiction of the city who are subject to the South Dakota
132
Retail Occupational Sales and Service Tax, SDCL ch. 10-45 (the "Sales Tax) in an amount
sufficient to pay principal, premium and interest when due on the Bonds.
4. The Bonds have been duly authorized, executed and delivered by the Issuer and are
valid and binding special obligations of the Issuer, payable solely from City's Sales Tax.
5. The interest on the Bonds is excluded from gross income for federal income tax
purposes and is not an item of tax preference for purposes of the federal alternative minimum
tax imposed on individuals and corporations; it should be noted, however, that for the purpose
of computing the alternative minimum tax imposed on certain corporations as de�ned for
federal income tax purposes, such interest is taken into account in determining adjusted
current earnings. The opinions set forth in the preceding sentence are subject to the condition
that the Issuer comply with all requirements of the Internal Revenue Code of 1986 as amended,
that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon
be, or continue to be, excluded from gross income for federal income tax purposes. The Issuer
has covenanted to comply with each such requirement. Failure to comply with certain of such
requirements may cause the inc(usion of interest on the Bonds in gross income for federal
income tax purposes to be retroactive to the date of issuance of the Bonds. We express no
opinion regarding other federal tax consequences arising with respect to the Bonds.
6. The Bonds are exempt from all taxation as property by the State of South Dakota, its
subdivisions and municipalities and bear interest not includible in the gross income of the
recipient for purposes of computing any tax imposed by the provisions of South Dakota law.
We express no further opinions regarding other South Dakota tax consequences arising with
regard to the Bonds.
7. The Bonds are qualified tax-exempt obligations within the meaning of Section
265(b)(3)(B)(i)(III) of the Code. The Bonds are eligible for purchase by financial institutions.]
8. The offering and sale of the Bonds are exempt from registration under the
Securities Act of 1933 and the Resolution is exempt from qualification under the Trust
Indenture Act of 1939.
It is to be understood that the rights of the holders of the Bonds and the enforceability
thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar
laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally
applicable and that their enforcement may be subject to the exercise of judicial discretion in
accordance with general principles of equity and subject to regulatory requirements under the
laws of the United States and of the State of South Dakota.
Meierhenry Sargent LLP
(Form of Assignment) .
FOR VALUE RECEIVED the undersi�ned 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.
133
Preliminarv Plat. A motion was made by Corbett, seconded by McClemans, to approve a
preliminary plat of the Christie Heights Addition in the SW%of the NW%of Section 2-T109N-
R50W. All present voted yes; motion carried.
Resolution No. 125-13. A public hearing was held on Resolution No. 125-13, a Resolution
amending the City of Brookings Vision 2020 Comprehensive Plan pertaining to the Future Land
Use Plan. No public comments. A motion was made by Kubal, seconded by McClemans,to
approve. All present voted yes; motion carried.
Resolution No. 125-13 -A Resolution Amending the City of Brookings Vision 2020
Comprehensive Plan
Whereas,the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18 adopted
the Vision 2020 Comprehensive Plan for the City of Brookings,SD; and
Whereas,the City Council determined the Future Land Use Map of said Comprehensive Plan
should be amended and supersede the previously adopted Future Land Use Map of the
Comprehensive Plan adopted February 11, 2002; and
Whereas,the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17.
Now,Therefore, Be It Resolved by the City of Brookings, SD that the Future Land Use Map of
the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said map to supersede the previous Future Land Use Map. The Vision 2020
Comprehensive Plan shall be on file in the office of the City Clerk and is available for public
inspection by any interested person.
Executive Session. A motion was made by Corbett, seconded by McClemans,to enter into
executive session for consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation and contractual matters at 6:41 p.m.with the City
Manager, City Clerk, City Attorney, Mike Struck (left 7:38 p.m.) and Toby Morris (left 7:15 p.m.)
present. A motion was made by Corbett, seconded by Thorpe,to leave executive session at
7:50 p.m.
Adiourn. A motion was made by Corbett, seconded by McClemans,to adjourn. All present
voted yes; motion carried. Meeting adjourned 7:55 p.m.
CITY OF BROOKINGS
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