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Legal Notices

Posted on: December 13, 2017

City Council Minutes: 11/28/2017

Brookings City Council
November 28, 2017

The Brookings City Council held a meeting on Tuesday, November 28, 2017 at 5:30 p.m., at City Hall with the following City Council members present: Mayor Keith Corbett, Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty Bacon, and Ope Niemeyer. City Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster were also present.

5:30 PM Executive Session
A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to enter into Executive Session at 5:30 p.m. for purposes of discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business with City Attorney Steve Britzman, City Manager Jeff Weldon, Deputy City Clerk Bonnie Foster, Steve Meyer, BMU Exec. Vice-President and General Manager, and Laura Julius, BMU Finance Manager also present. The motion carried by a unanimous vote. A motion was made by Council Member Wendell, seconded by Council Member Hansen, to exit Executive Session at 5:54 p.m. The motion carried by a unanimous vote.

6:00 PM Regular Meeting
Consent Agenda.
A. Action to approve the agenda.
B. Action to approve the October 24, 2017 City Council Minutes.
C. Action on annual Liquor and Wine Alcohol License Renewals for 2018: Liquor (Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Liquor (On-Sale): 1. The Lodge, 2515 E. 6th St. (CL); Park Hospitality, Inc., 2500 6th St. (CL); Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6th St.; CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.; Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703 Main Ave. So.; Elks Brookings Lodge #1490, 516 4th St.; Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.; 9 Bar Nightclub / Nine Inc., 303 Main Ave.; Old Market Eatery / The Lee Group, 424 5th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave.; Prairie Lanes Inc., 722 Western Ave.; The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.; Skinner’s Pub Inc., 300 Main Ave.; Sully’s Irish Pub/B&L Sullivan Inc., 421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder, Inc., 303 3rd St.; Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave.; Wine (On-Off Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So.; Cenex Zip Trip #63 / CHS, Inc., 1005 6th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.; Children’s Museum of South Dakota, 521 4th St.; The Depot / ERL, LLC, 919 20th St. So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St.; Guadalajara Mexican Restaurant, 1715 6th St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; KRAVE, Inc., 1040 22nd Ave. So.; Mama Mia / Mad Jacks Inc., 1300 Main Ave. So.; McCrory Gardens Visitors Center, 6th St. & 22nd Ave.; New Sake, Inc., 724 22nd Ave. So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.; Skinner’s Pub Inc., 300 Main Ave.; Swiftel Center, 824 32nd Ave.; Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc.
D. Action on Resolution 17-084, a Resolution authorizing the City Manager to sign a SD Farm Wine Operating Agreement 5-year renewal for the Blizzard, LLC, Chris Canavati & Mitri Canavati, owners, 924 32nd Ave., legal description: Blocks 6 and 7, Wiese Addition.
Resolution 17-084 - The Blizzard, LLC
SD Farm Wine Operating Agreement Renewal

Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the SD Farm Wine Operating Management
Agreement between the City of Brookings and The Blizzard, LLC, Chris Canavati & Mitri
Canavati, owners, 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 924 32nd Ave.

Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining 5-years of the 10-year agreement.
3.E. Action on Resolution 17-106, a Resolution declaring furniture and computers as surplus property (Public Library).
Resolution 17-106
Declaring Furniture and Computers as Surplus Property (Public Library)

Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Public Library: Eight (8) – children’s benches measuring 72x11x15 in red, blue, yellow and green; Five (5) – wooden, green-topped study carrels; One (1) – wooden desk; Four (4) – wooden brown-topped tables; One (1) – wooden green-topped table; One (1) – small grey filing cabinet; One (1) – wooden brown double study carrel; Twenty-three (23) – wooden chairs; One (1) –computer chair; One (1) –Computer cart; One (1) –Metal Desk; One (1) – 2008 -PC -HP Compaq dc7900 Convertible Minitower; One (1) -2009 - PC - HP Compaq dc7900 Convertible Minitower; Two (2) -2010 –Laptop –HP Compaq 8000 Elite CMT (dead); One (1) – 2010 –PC –Dell Latitude d620 Notebook (dead); One (1) -2011 –Laptop - Toshiba NB505-N508BL; One (1) -2009 –Laptop –Compaq Cq60-211DX (dead); One (1) -2007 –PC –Gateway E4610D (dead); One (1) -2009 –PC –HP Compaq Convertible dc7900; One (1) -2009 –Printer –Kyocera FC-C5200DN; One (1) -2005 –Printer –HP Deskjet 4100N; One (1) -2005 –Printer –H P Deskjet 3845; One (1) -2007 –Printer –HP Deskjet 4100N; One (1) -2008 –Printer –Epson PSC Photo RX680; Seven (7) – Gateway Monitors (6 working, one dead); One (1) –NEC Monitor (Dead); One (1) –View Sonic Monitor (Dead); One (1) –Backup Power Supply –APC (Dead); One (1) –Epson Perfection 2400 Scanner; One (1) –IBM Wheel Writer 3 Typewriter

Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and

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, SD, that this property be declared surplus property according to SDCL Chapter 6-13.
3.F. Action on Resolution 17-099, a Resolution declaring a 973 Track Machine as surplus property (Landfill/Solid Waste Dept.).
Resolution 17-099
Declaring a 973 Track Machine as Surplus Property (Landfill/Solid Waste Dept.).

Whereas, the City of Brookings is the owner of the following described equipment formerly used by the City of Brookings Landfill Department: One (1) 2011 973 Track Machine Serial#LCP00214.

Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; and

Whereas, the City Manager is hereby authorized to sell said surplus property.

Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6-13.
3.G. Action on Resolution 17-098, a Resolution awarding a Contract for the purchase of one new Track Machine for the Landfill through the National Joint Powers Alliance.
Resolution 17-098
Resolution awarding the contract for the purchase of one new Track Machine for the
Landfill through the National Joint Powers Alliance

Whereas, the City of Brookings Regional Landfill will purchase a John Deere 850K Track Machine from RDO Equipment Company through the National Joint Powers Alliance; and

Whereas, the City of Brookings will purchase from RDO Equipment Company, Sioux
Falls, SD one John Deere 850K Track machine for $356,754.74; and

Whereas, this John Deere 850K Track Machine will replace a 2011 973D Track Machine with delivery and payment made after January 1, 2018; and

Whereas, the capital budget for the purchase of one Track Machine is $400,000.00.

Now, Therefore, Be It Resolved that the contract from RDO Equipment Company for
$356,754.74 be accepted.
3.H. Action on Resolution 17-097, a Resolution awarding the Contract for the purchase of a new Vacuum Truck for Solid Waste Collection through the National Joint Powers Alliance.
Resolution 17-097
Resolution awarding the contract for the purchase of a new Vacuum Truck for Solid
Waste Collection through the National Joint Powers Alliance.

Whereas, the City of Brookings Solid Waste Collection will purchase an Automated
Vacuum Truck from Sanitation Products, Inc. through the National Joint Powers Alliance; and

Whereas, the City of Brookings will purchase from Sanitation Products, Inc. of Sioux
Falls, South Dakota one Automated Vacuum Truck in the amount of $187,630.00; and

Whereas, the Automated Vacuum Truck will be delivered and payment made after
January 1, 2018; and

Whereas, the Capital Budget for the purchase of one Automated Vacuum Truck is
$210,000.00.

Now, Therefore, Be It Resolved that the contract from Sanitation Products, Inc. for
$187,630.00 be accepted.
3.I. Action on Resolution 17-109, a Resolution amending the Building Permit Fee for Certain Building Projects.
Resolution 17-109
A Resolution Amending the Building Permit Fee for Certain Building Projects

Whereas, the City is desirous in assisting Interlakes Community Action, Inc. and Habitat for Humanity with construction of affordable housing within the City of Brookings; and

Whereas, Interlakes Community Action, Inc. and Habitat for Humanity have undertaken several affordable housing projects to serve the residents of the City of Brookings.

Now, Therefore, Be It Resolved that the Building Permit Fees and Moving Fees be waived for Interlakes Community Action, Inc. and Habitat for Humanity.

This Resolution will rescind Resolution 87-05 adopted on October 25, 2005.
3.J. Action on Resolution 17-110, a Resolution fixing time and place for Hearing upon the Assessment Roll for the 2017 Assessment of the 2014-02STA Main Ave. So. and 26th St. So. Reassessment.
Resolution 17-110
Resolution Fixing Time and Place for Hearing Upon the Assessment Roll
for the 2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South
Reassessment

Be It Resolved, by the City Council of the City of Brookings, South Dakota, as follows:
1. The Assessment Roll for the 2017 Assessment of the 2014-02STA Main Avenue
South and 26th Street South Reassessment having been filed in the office of the City
Clerk on the 20th day of November, 2017 and the City Council shall meet in the
Chambers, Brookings City & County Government Center, in said City on Tuesday, the
12th day of December, 2017, at 6:00 P.M.
2. The City Engineer is authorized and directed to prepare a notice describing, in general terms, the 2017 Assessment of the 2014-02STA Main Avenue South and 26th Street South Reassessment, the date of filing 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 10 nor more than 20 days before the date set for hearing and to mail a copy thereof, by first class 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 10 nor more than 20 days before the date set for said hearing.
3.K. Action on Resolution 17-108, a Resolution authorizing Change Order No. 1 (Final) for 2017-01SWR Concrete Maintenance Project; Clark Drew Construction, Inc.
Resolution 17-108
Resolution Authorizing Change Order No. 1, Final, for
2017-01SWR, Concrete Maintenance Project; Clark Drew Construction, Inc.

Be It Resolved by the City Council that the following Change Order be allowed for
2017-01SWR, Concrete Maintenance Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional storm sewer work for a total decrease of $119,252.69 to close out the project.
3.L. Action on Resolution 17-107, a Resolution awarding the Contract for the purchase of two new 2018 Pick-ups, a Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box, and a Chevrolet Silverado 4x4 Crew Cab for the Parks, Recreation, & Forestry Dept. through the SD State Bid Contract.
Resolution 17-107
Resolution awarding the contract for the purchase of two (2) New 2018 Pick-ups, a
Chevrolet Silverado ¾ Ton 4x4 Extended Cab Short Box and a Chevrolet Silverado 4x4
Crew Cab for the Parks, Recreation & Forestry Dept. (Parks) through the SD State Bid
Contract.

Whereas, the City of Brookings Parks, Recreation & Forestry Dept. has sought and received the following quote for two new 2018 pick-ups from the Beck Motors, Inc. State
Bid Contract #17144 Item #15 and Item #33: Beck Motors, Inc., Item #15 in the amount of $28,832.00, and Item #33 in the amount of $29,952.00, for a total of $58,784.00; and

Whereas, the two new 2018 Pick-ups, a Chevrolet Silverado ¾ Ton 4x4 Extended Cab
Short Box and a Chevrolet Silverado 4x4 Crew Cab, will be delivered and payment made after January 1, 2018; and

Whereas, the Capital Budget for the purchase is $64,000.

Now Therefore, Be It Resolved that the contract from Beck Motors, Inc. in the amount of
$58,784.00 be accepted.
3.M. Action on Resolution 17-111, a Resolution awarding the Contract for the purchase of one new John Deere 624K Loader for the City of Brookings Street Dept. through Admin Minnesota.
Resolution 17-111
Resolution Awarding a Contract for the purchase of one New John Deere 624K Loader for the City of Brookings Street Department through Admin Minnesota.

Whereas, the City of Brookings Street Department requests action to purchase a new
2018 John Deere 624K Loader from, RDO Equipment; and

Whereas, the RDO Equipment is Contract No. 115215 for an Articulating Wheel Loader
and related accessories from Admin Minnesota Contract Release: L-331(5), a Minnesota State Bid provider; and

Whereas, the City of Brookings will purchase from RDO Equipment, one 2018 John
Deere 624K Loader in the amount of $182,664.25; and

Whereas, the Capital Budget for the purchase of one John Deere 624K Loader is
$190,000.

Whereas, the 2018 John Deere 624K Loader will be delivered and payment made after
January 1, 2018; and

Now, Therefore, Be It Resolved, that the Contract from RDO Equipment for $182,664.25 be accepted.
3.N. Action on a Preliminary Plat for Block 3 and Lots 1-10, Block 4, D&D Addition, a portion of 7th Ave. So., and a portion of 15th St. So.

BMU 3rd Quarter Financial Report. Steve Meyer, BMU Exec. Vice-President and General Manager, and Lauria Julius, BMU Finance Manager, presented the 3rd Quarter Financial Report to the City Council and public.

Transitional Housing Presentation. Doug O’Neill, Craig Pahl, and Sally Damm-Nordby, Brookings Empowerment Project, presented information on a transitional housing proposed pilot to house 8-10 female mental health clients in Brookings. No action was taken.

Resolution 17-102. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 17-102, a Resolution authorizing Change Orders No. 1 and No. 2 (Final) for the Brookings Arts Council Renovation (Carnegie Building) Project; Visions Construction Group of Tea, SD, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
Resolution 17-102
A Resolution authorizing Change Orders No. 1 and No. 2 (Final)
for the Brookings Arts Council Renovation (Carnegie Building) Project;
Visions Construction Group of Tea, SD

Be It Resolved by the City Council that the following Change Order be allowed for
Brookings Arts Council’s Renovation, Construction Change Order Numbers No. 1 and
No.2 (Final): Adjust scope of work to eliminate VCT in the basement, add sheet vinyl, replace ice/watershield on roof, add exterior lighting, and incorporate kitchen and second bathroom renovation for a total savings of $13,896.13 to close out the project.

Resolution 17-101. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 17-101, a Resolution awarding a contract for the construction of a new Sexauer Park Restroom Facility, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.
Resolution 17-101
Resolution Awarding a Contract for the Construction
of a new Sexauer Park Restroom Facility

Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, November 7,
2017; and

Whereas, the City of Brookings has received the following bids for the construction of a new Sexauer Park Restroom Facility:
Company Bid Amount
Clark Drew Construction, Inc. $208,000.00
Visions Construction Group, Inc. $222,800.00

Now, Therefore, Be It Resolved that the low bid from Clark Drew Construction, Inc. in the amount of $208,000.00 be accepted.

Resolution 17-105. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 17-105, a Resolution Authorizing Change Order No. 1 (Final) for 2017-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-105
Resolution Authorizing Change Order No. 1, Final, for
2017-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc.

Be It Resolved by the City Council that the following Change Order be allowed for
2017-08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional storm sewer work at the airport for a total increase of $7,011.66 to close out the project.

FIRST READING - Ordinance 17-025. Introduction and first reading was held on Ordinance 17-025, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Second Reading: December 12, 2017.

FIRST READING – Ordinance 17-026. Introduction and first reading was held on Ordinance 17-026, an Ordinance amending Section 94-398 of the Zoning Ordinance, pertaining to fences, walls, and hedges. Public Hearing: December 12, 2017.

FIRST READING – Ordinance 17-027. Introduction and first reading on Ordinance 17-027, an Ordinance amending Section 42-102 of the Code of Ordinances of the City of
Brookings, SD and pertaining to Transfers to the Brookings Health System
Investment Authority. Second Reading: December 12, 2017.

FIRST READING – Ordinance 17-028. Introduction and first reading on Ordinance 17-028, an Ordinance amending Chapter 2, Article V, Division 4 pertaining to appointments to the Swiftel Center Advisory Board. Second Reading: December 12, 2017.

FIRST READING – Ordinance 17-029. Introduction and first reading on Ordinance 17-029, an Ordinance amending Chapter 22 of the Code of Ordinances of the City of Brookings and providing Procedures for the Licensing of Residential Contractors in the City of Brookings, SD. Second Reading: December 12, 2017.

FIRST READING – Ordinance 17-030. Introduction and first reading on Ordinance 17-030, an Ordinance authorizing Supplemental Appropriation #3 to the 2017 Budget. Second Reading: December 12, 2017.

Ordinance 17-024. A public hearing was held on Ordinance 17-024, an Ordinance rezoning Lot 1A of Lot 1, Block 1, Except the North 41 feet thereof, Mayland’s First Addition, also known as 520 22nd Avenue, from a Business B-4 Highway District to a Business B-2 District. A motion was made by Council Member Hansen, seconded by
Council Member Kidwiler, that Ordinance 17-024 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

SDSU Foundation Bonds. A public hearing was held with respect to South Dakota State University Projects and the Issuance of Bonds under South Dakota Codified Laws Chapter 9-54, as Amended. No public comment.

Resolution 17-104. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 17-104, a Resolution of the City of Brookings, South Dakota, authorizing the Issuance of its Economic Development Revenue Bonds
(South Dakota State University Foundation Project), Series 2017, in an Original
Aggregate Principal Amount not to exceed $9,700,000, for the purpose of providing funds to be loaned to South Dakota State University Foundation, a South Dakota Nonprofit Corporation, for the purpose of Financing Improvements to the Campus of South Dakota State University; approving the form of and authorizing the execution and delivery of a Loan and Security Agreement and a Tax Regulatory Agreement; approving the form of and authorizing the execution and delivery of the Bonds and certain related documents; making certain Findings and Determinations with respect to the Bonds; and providing for the Rights and Remedies of the Holders of the Bonds, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Kidwiler, Bacon, Wendell, and Tilton Byrne.

Resolution 17-104
A Resolution of the City of Brookings, South Dakota, authorizing the Issuance of its Economic Development Revenue Bonds (South Dakota State University Foundation Project), Series 2017, in an Original Aggregate Principal Amount not to exceed $9,700,000, for the purpose of providing funds to be loaned to South Dakota State University Foundation, a South Dakota Nonprofit Corporation, for the purpose of Financing Improvements to the Campus of South Dakota State University; approving the form of and authorizing the execution and delivery of a Loan and Security Agreement and a Tax Regulatory Agreement; approving the form of and authorizing the execution and delivery of the Bonds and certain related documents; making certain Findings and Determinations with respect to the Bonds; and providing for the Rights and Remedies of the Holders of the Bonds.

Whereas, the City of Brookings, South Dakota (the “City”) is authorized by South Dakota Codified Laws, Chapter 9-54, as amended (the “Act”), to promote the general economic welfare and prosperity of the State by financing the provision of necessary economic development facilities, including promotion and advancement of postsecondary education; and

Whereas, the South Dakota State University Foundation, a South Dakota nonprofit corporation (the “Foundation”) has requested the assistance of the City in connection with paying certain costs of improvements to the Campus of South Dakota State University, which would consist generally of the following (collectively, the “Project”):
(i) A major expansion and remodeling of the South Dakota State University Performing Arts Center, including construction, equipping and furnishing of such facility; and
(ii) The construction, equipping and furnishing of a practice gym facility adjacent to the Stanley Marshall HPER academic and athletic facility;

Whereas, specifically, the Foundation has requested that the City issue its Economic Development Revenue Bonds (South Dakota State University Foundation Project), Series 2017 (the “Bonds”), in one or more series in the original aggregate principal amount not to exceed $9,700,000 to finance costs of the Project in accordance with the terms of a Loan and Security Agreement (the “Loan and Security Agreement”) to be entered into by and among the City, the Foundation and one or more of the Purchasers (defined below) pursuant to which the proceeds derived from the sale of the Bonds will be loaned to the Foundation (the “Loan”); and

Whereas, the Foundation has advised the City that First Premier Bank (“First Premier”) and First Bank & Trust (“First Bank & Trust” and, together with First Premier and any successor holders of any of the Bonds, the “Purchasers”) have agreed to purchase the Bonds;

Now, Therefore, Be It Resolved by the City of Brookings South Dakota, that:

Section 1. The City finds that it is appropriate to finance costs of the Project in order to promote and advance postsecondary education and that the issuance, sale, and delivery of the Bonds are consistent with the purposes of the Act.

Section 2. For the purposes of funding costs of the Project and paying the costs of issuing the Bonds, there are hereby authorized the issuance, sale, and delivery of the Economic Development Revenue Bonds (South Dakota State University Foundation Project), Series 2017 (the “Bonds”) in the aggregate principal amount not to exceed $9,700,000, and such Bonds shall be issued in such principal amounts, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such form and have such other details and provisions as are prescribed in the Loan and Security Agreement, substantially in the form now on file with the City. The Bonds shall bear interest at the rates specified in the Loan and Security Agreement. The form of Bonds is approved in substantially the form on file with the City Clerk, subject to such changes not inconsistent with this Resolution and applicable law that are approved by the Mayor and Finance Director. The issuance and delivery of the Bonds shall be conclusive evidence that the Mayor and Finance Director have approved all provisions of the Bonds as issued and any changes to the form of the Bonds on file with the City on the date hereof.

Section 3.The Bonds shall be special obligations of the City payable solely from the revenues and other funds pledged pursuant to the Loan and Security Agreement. The Mayor, Finance Director and City Clerk and other officers of the City (the “City Officials”) are hereby authorized and directed to enter into, execute, and deliver the Loan and Security Agreement, and are hereby authorized and directed to execute and deliver the Bonds in accordance with the terms of the Loan and Security Agreement, and it is hereby provided that the Loan and Security Agreement shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the Purchasers, the City, and the Foundation, as set forth therein.

All the provisions of the Loan and Security Agreement, when executed as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery of the Loan and Security Agreement. The Loan and Security Agreement shall be substantially in the form now on file with the City, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and Finance Director, in their discretion, shall determine, and the execution and delivery thereof by the City Officials shall be conclusive evidence of such determination.

Section 4.The City Officials are hereby authorized and directed to enter into, execute, and deliver the Loan and Security Agreement, providing for the loan of the proceeds derived from the sale of the Bonds to the Foundation.

Section 5. First Premier, as the Depository (“Depository”) is hereby appointed the custodian of the funds and accounts created under the Loan and Security Agreement and the authenticating agent, paying agent, and registrar with respect to the Bonds.

Section 6. The City hereby approves the execution and delivery by the Foundation of: (i) a Tax Regulatory Agreement among the City, the Foundation and the Depository (the “Tax Regulatory Agreement”), and (ii) all other documents, instruments, and security of any nature provided by the Foundation to the City, or to the Purchasers.

Section 7. The City Officials are hereby authorized to execute and deliver, on behalf of the City, the Tax Regulatory Agreement and such other certificates, instruments, and other documents as are necessary, customary, or appropriate in connection with the issuance, sale, and delivery of the Bonds, or are necessary to establish the validity or enforceability of the Bonds, or are required by bond counsel to establish the validity or enforceability of the Bonds or the exclusion from gross income of interest on the Bonds for purposes of federal income taxation and State of South Dakota taxation (including a certificate as to the status of the Bonds as not being “arbitrage bonds,” an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038), and any UCC-1 financing statements.

Section 8. The City expects that the City (together with any subsidiary entities under the control of the City and any entities that issue obligations on behalf of the City) will not issue tax-exempt obligations in calendar year 2017 which, along with the Bonds, would aggregate more than $10,000,000. Accordingly, the Bonds are hereby designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3)(B) of the Code.

Section 9. All covenants, stipulations, obligations, and agreements of the City contained in this Resolution and the aforementioned certificates, instruments, and documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned certificates, instruments, or documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
No provision, covenant, or agreement contained in the aforementioned certificates, instruments, or documents, or in the Bonds, or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. The Bonds shall never constitute an indebtedness of the City within the meaning of any provision or limitation of the South Dakota Constitution or statutes, or the City Charter and shall not constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan and Security Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Loan and Security Agreement.

Section 10. Except as herein otherwise expressly provided, nothing in this Resolution or in the aforementioned documents, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any owner of the Bonds issued under the provisions of this Resolution any right, remedy, or claim, legal or equitable, under and by reason of this Resolution or any provision hereof, this Resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any owner from time to time of the Bonds issued under the provisions of this Resolution.

Section 11.In case any one or more of the provisions of this Resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, or of the aforementioned documents, or of the Bonds, but this Resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. All of the aforementioned documents are on file in the office of the Finance Director and are available for inspection by any interested party.

Section 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof and that all acts, conditions, and things required by the laws of the State relating to the adoption of this Resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to and in the enactment of this Resolution, and precedent to issuance of the Bonds, and precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law.

Section 13.The City Officials are hereby authorized to do all acts and things required of them by or in connection with this Resolution, the aforementioned certificates, instruments, or documents, and the Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned certificates, instruments, and documents, and this Resolution. In the event that for any reason any City Official is unable to carry out the execution of any of the documents or other acts provided herein, any person delegated the authority to act on behalf of such City Official is hereby authorized to act in the capacity of such City Official and undertake such execution or acts on behalf of the City with full force and effect, which executions or acts shall be valid and binding on the City. If the person whose signature appears on any of the foregoing certificates, instruments, or documents shall cease to be a City Official before the date of issuance of the Bonds such signature shall, nevertheless, be valid and sufficient for all purposes.

Section 14. The City shall publish this Resolution after its passage. The City shall not issue the Bonds authorized hereunder if within twenty (20) days after publication of this Resolution there shall be filed with the City a petition requesting a referendum in the form required by, and signed by the requisite number of voters as provided in, Section 9-20-6 of the South Dakota Codified Laws, in which event, this Resolution shall not become operative and the City shall not issue the Bonds unless and until the requirements of Section 9-20-5 of the South Dakota Codified Laws are satisfied. In addition, the Bonds shall not be issued until after (a) a public hearing is held as provided by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and (b) the issuance of the Bonds is approved following such public hearing by the applicable elected representative of the City as provided by Section 147(f)(2) of the Code.

Section 15. All prior resolutions or Resolutions which conflict with the provisions of this Resolution are hereby repealed to the extent of such conflict.

Introduction of Topics for Future Discussion.
Council Member Tilton-Byrne asked that Council Members report on the National League of Cities Conference at a future council meeting.

Adjourn. A motion was made by Council Member Hansen, seconded by Council Member Tilton Byrne, to adjourn the meeting at 7:25 p.m. The motion carried by a unanimous vote.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Shari Thornes, City Clerk
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