HomeMy WebLinkAboutCCMinutes_1998_12_08 046
c;ommission Chambers December 8, 1998
City of Brookings
The City Commission convened in regular session at 2:00 PM with the following members
present: Klavetter, Artz and Plumart; absent: Murra and Mayor Hauschild
Eric Rassmussen, Attorney was present.
Minutes of the regular meeting held November 24, 1998 were read and approved.
Motion was made by Plumart, seconded by Klavetter approving the bills and claims.
Kelo Land TV, advertising, 465.00; Miller Aviation, contracdrent, 4,129.12; Determan Brownie Inc,
supplies, 117.13; Gordy's, supplies, 80.75; Beal Distributing, beer, 22,700.63; Brkgs. Engraving,
supplies, 50.00; Bowes Construction, Pjt#12, 26,614.78; Brkgs. CVB, subsidy, 9,000.00; Brkgs.
Hospital, health fair, 3,455.00; Brkgs. School District, subsidy, 36,416.00; Central Business, supplies,
7.98; Butler machinery, supplies, 84.76; Carlson Distributing, beer, 8,495.85; Dakota Beverage, beer,
13,255.26; Dakota Riggers& Tool, supplies, 225.00; G.DeBeer, services, 795.00; Federal Express,
supplies, 17.50; Foerster Distributing, supplies, 235.00; Interstate Battery, supplies, 55.95; InstyPrints,
supplies, 2.18; Brkgs. City Cab, subsidy, 2,056.00; Lyle Signs, supplies, 1,103.20; martin's, fuel,
462,87; Brkgs. Utilities, services, 38,324.41;Natl Fire Protection Assn,membership, 450.00;NWPS,
services, 36.71; Flowers on Main, supplies, 17.55; Oster&Assoc., contract, 1,250.00; Perry Electric,
contract, 2,799.31; Kmart, supplies, 79.98; Prairie Graphics, supplies, 500.00; Prussman Contracting,
Pjt WW1198, 17,058.25; Runnings, supplies, 7.79; Sanitation Products, supplies, 2,158.43; Sioux
Equipment, fuel system, 5,402.81; Smith Supplies, supplies, 50.10; SD Municipal Finance Officers
Assn, membership, 15.00; SD Municipal League, membership, 10.00; R.Tietjen, services, 225.00;
M.Reisetter, land Camelot Square, 15,672.00; Hansen Appraisals, services, 700.00; WalMart, supplies,
5.18; SD Dept. of Health, supplies, 440.00.
3D Specialties, telespar, 3,572.14; Larson&Assoc., services, 150.00; Sheehan Mack Sales, supplies,
30.00; Brkgs. Finance, Pjt 98-07STA, 1,133.00; Carquest Auto, supplies, 24.14; Election System,
supplies, 479.38; B&B Concrete, snow removal,2,600.63; Beal Distributing,beer, 19,621.60;
Beckman& sons, supplies, 26.72; Bowes Construction, snow removal, 9,993.80; Brkgs. Tire Center,
repairs, 501.56; Central Business, supplies, 24.94; Butler Machinery, cutting edges, 2,196.75; Carlson
Distributing,beer, 12,407.00; Coast to Coast, supplies, 163.85; C&W Repair, supplies, 10.50; Dakota
Beverage, beer, 11,051.65; Dakota Filter Service, supplies, 45.44; Dakota Tool& Surplus, supplies,
9.28; Einspahr Auto, services, 176.87; Cellular One, services, 37.32; LG Everist, supplies, 450.24;
Faber Construction, snow removal, 3,227.02; Fixit Shop, supplies, 2.00; J.Coplan, travel, 14.00;
Harold's Printing, supplies, 9.99; Johnson Brothers, liquor/beer, 40,643.02; L&L Auto, supplies,
84.35; Malloy Bearing, supplies, 94.66; Monteith Welding, supplies, 118.40; B.Thompson,travel,
14.00; PVE, supplies, 21.95; Prunty Construction, snow removal, 3,016.25; Prussman Contracting,
snow removal, 2,887.43; Runnings, supplies, 17.17; SoDak Distributing, liquor/beer, 14,589.53; ST
Services,maintenance, 125.00; SD Municipal liquor, dues, 977.00; M.Stranwick,travel, 35.00;
Sturdevant Auto, supplies, 196.43; Wa1Mart, supplies, 19.51; Country General, supplies, 56.85; SD -
Lottery, 1,013.04; Credit cards, 439.27.
General, 352,890.37; Storm Drainage, 3,689.63; Liquor, 20,368.87; Solid Waste, 41, 638.56; Water,
62,672.50; Electric, 117,565.15; Wastewater, 50,325.33; Telephone, 284,222.11; Hospital, 690,847.27;
First Natl, 520,014.84;Norwest, 264,156.80; BankFirst, 65,778.39; SDSU/Federal CU, 6,494.43;
Brkgs. Federal,47,303.23; Home Federal, 15,927.98; G.Yineman, 6,145.90; S.Mack, 1,104.15;
SDSU/Federal CU, contributions, 42,126.89; City Brkgs. Cafeteria, Sec 125, 3,589.82; City Brkgs.
Cafeteria, Sec 125, 5,900.93;Norwest, FICA/FIT, 330,640.16; First Natl, annuity, 2,900.00; SDSR, �
retirement, 330.00; Teamsters, dues, 1,197.00; United Way, contributions, 440.34; Aetna, insurance,
687.00; Office Child Support, garnish, 2,306.00; District Attorney Family Support, garnish, 50.00;
Minnesota Child Support, garnish, 636.00; United Accounts, garnish, 166.26; IRS, garnish, 80.85;
EAC, garnish, 268.68; Brkgs. Hospital, garnish, 410.00; First Natl, deferred compensation, 23,072.07;
Madison Natl Life, insurance, 23,072.07; Aflac, insurance, 3,767.38; City of Brkgs., insurance, .
65,903.05; Brkgs. Hospital, insurance, 61,904.87; Aetna, insurance, 220.58; Delta Dental, insurance,
7,734.00; Aflac, insurance, 1,063.72; Wellness Benefit Consultants, insurance, 503.76; SDRS,
retirement, 137,083.25; A.Sonnenburg, net payroll, 6.13; Mills Construction,multiplex, 437,249.00.
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New employees: W.DeBlonk, 6.00; D.Hartmann, 3374.00; M.Langner, 6.00; C.Roberts, 6.00;
J.Barbofi, 6.00; L.Steen, 10.00; J.Hillman, 5.00; S.K�iiztson, b.00; T.Ludens, 10.00; R.Santema, 10.00;
B.Helmstetter, 10.00;
Salary changes: J.Hendrickson, 6.25; K.Winterfeld, 6.90; D.Ulvestad, 17.18; C. Honkomp, 7.00;
B.Spencer, 12.63; E.Dietman, 6.25; D.Schley, 6.00; D.Poppinga, 10.00; K.Klindt, 7.75;
Motion was made by Klavetter, seconded by Plumart approving the agenda.
A public hearing was held on the on-sale liquor license for the VFW and the Elks Club. All
present were given an opportunity to be heard. Motion was made by Plumart, seconded by Klavetter
approving the on-sale liquor license. All members voted YES; motion carried.
Motion was made by Klavetter, seconded by Plumart approving the on-saie liquor and wine
licenses for the establishments holding City operating agreements. All members voted YES;motion
carried.
Motion was made by Klavetter, seconded by Plumart approving the first reading on Ordinance
No. 27-98 re-zoning the West 200 feet of Lot H-3 of the W %2,NW '/4 of Sec 26-T1 lON-RSOW from a
Residence R-2 District to an Industrial I-1 District(Area located west of the United Retirement Center
and East of the County shop on Western Ave). All members voted YES; motion carried.
ORDINANCE NO. 27-98
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS
A Public hearing was held on Ordinance No. 26-98 the 1999 Appropriation Ordinance for the
Airport, Liquor, Motor Pool, and Solid Waste funds and all present were given an opportunity to be
heard. Motion was made by Plumart, seconded by Klavetter approving Ordinance No. 26-98. All
members voted YES; motion carried.
ORDINANCE NO. 26-98
1999 APPROPRIATION ORDINANCE FOR CERTAIN ENTERPRISE
FUNDS WITHIN THE CITY OF BROOKINGS, SD
Motion was made by Plumart, seconded by Klavetter approving Resolution No. 145-98 giving
approval to the acquisition, construction and financing of a City Public Library Project, giving
approval to the issuance of sales tax revenue bonds to finance a portion of the costs of such project and
au.thorizing the sale of said sales ta�c revenue bonds. All members voted YES; motion carried.
RESOLUTION NO. 145-98
RESOLUTION GIVING APPROVAL TO THE ACQUISITION, CONSTRUCTION
AND FINANCING OF A CITY PUBLIC LIBRARY PROJECT, GIVING APPROVAL TO
THE ISSUANCE OF SALES TAX REVENUE BONDS TO FINANCE A PORTION OF THE
COSTS OF SUCH PROJECT AND AUTHORIZING THE SALE OF SAID SALES TAX
REVENUE BONDS �
WHEREAS, the City proposed to issue its Sales Tax Revenue Bonds, Series 1998, dated July
16, 1998, to finance its Public Library (the "Project"), but no advances were made thereunder, no
indebtedness was incurred thereby, and no interest expense was incurred in connection therewith: and
WHEREAS, the City authorized on November 17, 1998, the issuance of its $7,200,000 Sa1es
Tax Revenue Bonds (the "Multi-Plex Bonds"), which will be secured by a first pledge on and lien
against its Second Penny Sales Tax(referred to herein); and
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WHEREAS, subsequent to the issuance of the Multi-Plex Bonds, the City intends to issue a
separate series of Sales Tax Revenue Bonds to be designated (Sales Tax Revenue Bonds, 1998 Series
B (the "Series B. Bonds"), to provide financing for the Project;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Brookings as
follows:
Officers of the City are hereby authorized and directed to accept delivery of one or more cancelled
instruments, confirming that no sales tax revenue bonds for the Project have to date been issued
(or are to be issued until after the issuance of the Multi-Plex Bonds), and to file with the Internal
Revenue Service and such other agencies or departments of the State of Federal governments, if
any, as may be appropriate such reports or information as may be necessary or desirable to
confirm the foregoing, in the opinion of Danforth, Meierhenry & Meierhenry, LLP, as bond
counsel for the Series B Bonds.
Recitals. The City of Brookings (the "City") desired to make a capital improvement to and finance its
Public Library (the "Project") which project has been approved prior hereto and copies of plans
are on file with the Finance Officer open to public inspection. The City finds that the City is
current in the payment of all Outstanding Bonds, as defined in Resolution No. 138-98, and is
current in the accumulations required for the Principal and Interest Account and Reserve Account.
For this Resolution, "Outstanding Bonds" shall mean these Bonds and any parity lien bonds
herebefore issued or hereafter issued pursuant to this Bond Resolution or Resolution No. 138-98.
The City finds that the Second Penny Sales Tax collected by the city in the preceding and current
fiscal year is sufficient to cover 1.25 times the combined average annual principal and interest
requirements on all Outstanding Bonds
Authoritv. The City is authorized to issue its Sales Tax Revenue Bonds, 1998 Series B, to finance the
capital improvements pursuant to Section 10-52-2.10 of the South Dakota Codified Laws.
Pursuant to Chapter 10-52 of the South Dakota Codified Laws (the "Act") the City proposes to
issue municipal non ad valorem revenue bonds (as herein authorized, the Sa1es Tax Revenue
Bonds, 1998 Series B, or the "Bonds") to finance the Project. The Bonds shall be issued on a
parity basis with all Outstanding Bonds. The City is authorized by the Sales Tax Act to levy a
"non ad valorem tax" (as defined by the Act) on the sale, use, storage, and consumption of items
taxed under Chapters 10-45 and 10-46 of the South Dakota Laws, subject to certain, as amended,
exceptions.
Sales Tax Ordinance Imnosin� Second Penny. The City Common Council has adopted Ordinance No.
21-81, 25-96 and 20-98 which shall constitute the City's effective Sales Tax Ordinance (the "Sales
Tax Ordinance"). The Sales T� Ordinance has been duly adopted pursuant to the Act and
effectively and validly imposes the sales and use tax authorized by the Act within the City. The
second 1% sales tax adopted pursuant to the Sales Tax Ordinance hereinafter referred to as the
"Second Penny Sales T�".
Cost of the Project. The cost of the Project is approximately $2,800,000 The City has prior to the
construction made its official intent to finance an amount not to exceed $2,800,000 of the Project
through the issuance of Sales Tax Revenue Bonds.
Findin�s. The City Common Council hereby finds and determines as follows:
6.1 The Project constitutes capital improvements which qualify for the financing under and
pursuant to SDCL Chapter 10-52, and the Sales Tax Ordinance; and
6.2 The Sales Tax Revenue Bonds Authorized hereby aze being issued to pay costs of the
Project which have not been incurred or paid as of the date hereof and/or which the City has
heretofore declared its intention to finance with the bond proceeds and for which the City has
no other available means or source of financing.
6.3 It is in the best interests of the City to authorize the borrowing of funds to pay a portion
of the costs of the Project by authorizing and issuing its Sales Tax Revenue Bonds, 1998 Series
B, consistent with the terms approved hereby for an aggregate sum not in excess of the amount
of$2,800;000.
Sale of Bonds. It is hereby determined to be necessary and in the best interests of the City and its
inhabitants that this City Common Council authorize, issue and sell the Bonds (the "Bonds") in
order to finance a portion of the cost of the Project. The Mayor and Finance Officer aze
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authorized to negotiate the sale and terms of the Bonds subject to the limitations of the law and
this resolution.
No Election Required. The Bonds may be issued by the City without an election pursuant to SDCL
§10-52-2.10.
' Form of Bonds. The Bonds shall be prepared in substantially the form on file with the Finance Officer
and open to public inspection.
Terms of Bonds.
Date, Amount. Maturities and Interest Rates.The City Common Council hereby authorizes the issuance
of the Bonds. The Bonds shall be dated in 1998. The principal amount of the Bonds shall not
exceed any statutory or constitutional debt limitation. The Bonds shall have maturities and
interest rates as negotiated by the Mayor and Finance Officer.
Re�istration. The Bonds shall be registered in the same manner as provided in Resolution No. 138-98.
Securitv Provisions: Funds and Accounts and Other Covenants and Determinations.
Snecial Sales Ta�c Fund. The Finance Officer is hereby directed to maintain the Special Tax Fund as a
separate and special fund in the financial records of the City until all Bonds issued and made
payable therefrom, and interest due thereon, have been duly paid or discharged. All collections of
the Pledged Revenues, as hereinafter defined, shall be credited, as received, to the Speciai Tax
Fund in accordance with Resolution 138-98 and this Bond Resolution.
Pled�ed Revenues. Pursuant to the Act and the Sales Tax Ordinance, the City has levied the Second
Penny Sales Tax on the sale, use , storage and consumption of items taxed under Section 10-45
and 10-46 of South Dakota Codified Laws, subject to certain exceptions. The proceeds of the
Second Penny Sales Tax are irrevocably pledged and appropriated to, and shall be deposited to the
Special Tax Fund. The total amount of Second Penny Sales Taxes collected is referred to herein
as the "Pledged Revenues". For purposes of this Resolution, "Outstanding Bonds" shall mean
these Bonds and any parity lien bonds herebefore or hereafter issued pursuant to tYus Resolution.
The Pledged Revenues and the Special T�Fund shall be used and applied only in the manner and
order hereinafter set forth.
Funds and Accounts and Other Covenants and Determinations. The various separate accounts to be
maintained pursuant to Resolution No. 138-98 shall be us�d for the Bonds, as said Bonds are with
the definition of Outstanding Bonds.
Covenants of the Citv. The City hereby irrevocably covenants and agrees with each and every holder
of the Bonds those covenants set forth in Resolution 138-98.
Defeasance. When all the Bonds issued have been discharged as provided in this section, all pledges,
covenants, and other rights granted by this resolution to the registered owners of the Bonds sha11
cease. The City may discharge its obligations with respect to any Bonds which are due on any
date by providing to the Paying Agent on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by
providing to the Paying Agent a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit. The City may also discharge its liability with reference to all
Bonds which are called for redemption on any date in accordance with their terms by depositing
funds with the Paying Agent on or before that date in accordance with their terms by depositing
funds with the Paying Agent on or before that date, in an amount equal to the principal, interest,
and premium, if any, which are then due thereon, provided that notice of such redemption has
been duly given. The City may also at any time discharge this issue of Bonds in its entirety,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose,
cash or United States government obligations which are authorized by 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 (without an reinvestment) sufficient to pay all principal, interest and
premiums, if any, to become due on all Bonds on and before maturity, or, if a Bond has been duly
called for redemption, on or before the designated redemption date.
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Tax Matters; Certification of Proceedings and Miscellaneous.
Tax Matters. 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 subject to taxation under the Internal
Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations (the
"Regulations"), and covenants to take any and all actions within its powers to ensure that the
interest on the Bonds will not become subject to taxation under the Code and the Regulations.
The City will cause to be filed with the Secretary of Treasury an information reporting statement
in the form and at the time prescribed by the Code.
The Mayor and Finance Officer, being the officers of the City charged with the responsibility for
issuing the Bonds pursuant to this resolution, are 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 Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating the facts estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause
the Bonds to be arbitrage bonds within the meaning of the Code and Regulations.
The.City recognizes its obligation to comply with the provisions of Section 148(� of the Code relating
to the rebate of certain amounts to the United States, and covenants that it will take or refrain from
any actions, the result of which would be to cause the interest on the Bonds to become subject to
federal income taxation as a result of the failure to comply with Section 148(� of the Code and
applicable Treasury Regulations. The City will take all actions necessary to comply with the
rebate requirement, including making or causing to be made the computations of rebate or penalty
amounts. The City will make any payments of rebate or penalty amounts, and will pay the costs
of computing any such rebate or penalty amounts.
It is hereby determined that the Bonds are not and will not be "private activity bonds" as defined in
Section 141(a) of the Code, and in support of such �onclusion the City Common Council
covenants, represents, and certifies as follows:
none of the proceeds of the Bonds will be used, directly or indirectly, or will be used to replace funds
which were used, in any trade or business carried on by any person other than a state or local
governmental unit;
no direct or indirect payments of the principal of or interest on the Bonds will be derived from
payments (whether or not to the City), in respect of property, or borrowed money, used or to be
used for a private business use by any person other than a state or local governmental unit;
none of the proceeds of the Bonds aze to be used, directly or indirectly, to make or finance loans to
persons other than a state or local governmental unit; and
no user of any facilities or improvements financed with the proceeds of the Bonds will use the same on
any basis other than the same basis as the general public; and no person other than the City will be
a user of said facilities as a result of(i) ownership; (ii) actual or beneficial use pursuant to a lease
or a management or incentive payment contract; or(iii) any other arrangement.
The City reasonably anticipates that the amount of tax exempt obligations which will be issued by the
City and all entities subordinate to, or treated as one issuer with, the City during calendar year
1998 will not exceed $14,000,000. The Bonds are hereby designated as "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Code. The City will not designate, or
cause any subordinate entity 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 calendar year
1998. The City does not reasonably expect that it or any subordinate entity will issue, and will not
request any other governmental entity to issue on its behalf, in calendar year 1998, more than
$10,000,000 of obligations which it or any such entity could designate as "qualified tax-exempt
obligations".
If the City agrees to comply with all provisions of the Code, which if not complied with by the City,
would cause the interest on the Bonds not to be tax-exempt in the hands of a holder who is a
natural person, including, if determined to be necessary upon advice of bond counsel, the payment
of any rebate amount necessity to preserve such tax exemption pursuant to Section 148 of the
Code. The City further agrees: (1) through its officers, to make such further specific covenants,
representations as shall be truthful, and assurances as may be necessary or advisable; (2) to consult
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with bond counsel and to comply with such advice as may be given; (3) to file such forms,
statements, and supporting documents as may be required and to do so in a timely manner; and (4)
if deemed necessary or advisable by its officers, to ernploy and pay fiscal agents, financial
advisors, attorneys, and other persons to assist the City in such compliance.
Certification of Proceedin�s and Resolution 138-98 open to Public Inspection. The officers of the City
are authorized and directed to prepare and furnish to the purchasers of the Bonds certified copies
of all proceedings and records of the City relating to the authorization and issuance of the Bonds
and such other affidavits and certificates as may reasonably be required to show the facts relating
to the legality and marketability of the Bonds as such facts appear from the officer's books and
records or are otherwise known to them. Ali such certified copies, certificates and affidavits,
including any heretofore furnished, shall constitute representations of the City as to the correctness
of the facts recited therein and the action stated therein to have been taken. Resolution 138-98 is
incorporated herein by reference as if in pertinent part stated in full. Resolution 138-98 is on file
with the Business Manager and open to public inspection.
Motion was made by Klavetter, seconded by Plumart approving a going out of business license
for Freeze Frame Video. All members voted YES; motion carried.
Motion was made by Klavetter, seconded by Artz approving Resolution No. 143-98 authorizing
final change order for Sidewalk Assessment Project 98-01SWP_(T& R Contracting, Inc.). All
members voted YES; motion carried.
RESOLUTION NO. 143-98
RESOLUTION AUTHORIZING FINAL CHANGE ORDER(CCO#1 FINAL)FOR
SIDEWALK ASSESSMENT PROJECT 98-01 SWR(T& R CONTRACTING, INC.)
BE IT RESOLVED by the City Commission that the following change order be allowed for
Sidewalk Assessment Project 98-01SWR.
Construction Change Order Number 1 Final
Adjust estimated quantities as"as build"for a total decrease of$33,126.43.
Motion was made by Plumart, seconded by Klavetter approving Resolution No. 144-98
directing preparation of assessment roll, dividing assessments into installments, and providing for the
collection thereof for sidewalk assessment 98-01 SWR. All members voted YES; motion carried.
RESOLUTION NO. 144-98
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING
ASSESSMENTS INTO INSTALLMENTS, AND PROVIDING FOR THE COLLECTION
THEREOF FOR SIDEWALK ASSESSMENT 98-01 SWR
BE IT RESOLVED by the Board of Commissioners of the City of Brookings, South Dakota, as
follows:
1. Notice having been given to the landowners of the affected properties and said land owner
having requested the City to cause their sidewalks to be repaired and
2. A contract for Sidewalk Assessment No. 98-01 SWR has been duly executed, and the Board
of Commissioners is authorized to levy special assessments pursuant to the provisions of Chapter 9-46,
SDCL 1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and filed in
his office showing the total cost of said improvement as follows:
Assessed Work $10,125.77
Engineering& Inspection, 607.55
TOTAL EXPENSE $10,733.32
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4. The total cost of said improvement shall be paid as follows:
Assessable costs $10,733.32
5. There shall be made and filed in the office of the City Finance Officer an assessment roll for
said improvement. The assessments shall be on a square foot basis.
6. The assessment shall be divided into five (5)equal annual installments for all amounts over
$300.00. For amounts of$300.00 or less,the entire assessment shall be due.
7. Unless paid to the City Finance Officer in advance of maturity, the assessments shall be
collected by the City Finance Officer in accordance with the procedure for Plan One in Chapter 9-43,
SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments is ten percent(10%).
Motion was made by Klavetter, seconded by Plumart to authorize our of state travel for City
Engineer to travel to New Orleans,Louisiana, January 27-29, 1999.
Commission meeting adjourned.
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