MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:

MARCH 12, 2009

Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 5:30 p.m. Members present were: Pat Harney, Larry Meyers, Terrence Neuzil, Sally Stutsman, and Rod Sullivan.

Unless otherwise noted, all actions were taken unanimously.

Motion by Stutsman, second by Sullivan, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.

Motion by Meyers, second by Sullivan, to approve the minutes of the formal meetings of March 2, 2009, March 3, 2009, and March 5, 2009.

Motion by Harney, second by Stutsman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.

Motion by Sullivan, second by Meyers, to approve and authorize the Chairperson to sign: a Renewal Application for a Class B Beer Permit, Application for Outdoor Service Area, and Application for Sunday Sales Privilege for Hi Point Golf Course, Iowa City, as submitted by Scott Wood.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign: a Renewal Application for a Class C Beer Permit, and Application for Sunday Sales Privilege for Sleepy Hollow Campground & RV Park, Oxford, as submitted by Sandy Gingerich.

Motion by Harney, second by Meyers, to approve and authorize the Chairperson to sign: a Renewal Application for a Class C Liquor License, Application for Catering Privilege, Application for Class C Liquor License (Commercial), Application for Outdoor Service Area, and Application for Sunday Sales Privilege for Pleasant Valley Golf Course, Iowa City, as submitted by Tom Hein and Aleda Feuerbach.

Motion by Meyers, second by Stutsman, to place on file the Clerk’s Report of Fees Collected for the month of February, 2009, in the amount of $15,058.32 as submitted by Clerk of District Court Lodema Berkley.

RESOLUTION 03-12-09-B1

ADOPTING THE FISCAL YEAR 2009-2010 COUNTY BUDGET

AND CERTIFICATE OF TAXES

Whereas, the Board of Supervisors conducted a public hearing on March 2, 2009 whereupon the proposed fiscal year 2009-2010 county budget was presented to the citizens of Johnson County; and

Whereas, the citizens of Johnson County were invited to comment on the proposed fiscal year 2009-2010 county budget, as duly published in the official publications of Johnson County; and

Whereas, the Board of Supervisors appreciates the attendance at the public hearings and the comments from citizens who spoke at the public hearings, and encourages all citizens to be informed and participate in county government; and

Whereas, the Board of Supervisors has carefully taken into consideration the opinions expressed at the public hearing.

Therefore, be it resolved that the fiscal year 2009-2010 county budget and certificate of taxes is adopted as per the Proposed Johnson County Budget Summary for fiscal year 2009-2010

Motion by Stutsman, second by Sullivan, to approve Resolution 03-12-09-B1.

RESOLUTION 03-12-09-B2

FY09 APPROPRIATION CHANGES FOR JOINT EMERGENCY COMMUNICATIONS CENTER/EMA IN GENERAL BASIC BLOCK GRANTS (DEPT. 20), AND SHERIFF (DEPT. 08)

Whereas, the appropriations for Joint Emergency Communications Center/EMA, Public Safety and Legal Services Service Area, are not sufficient to meet payments for outstanding obligations, and

Whereas, due to an unforeseen increase in Joint Emergency Communications Center/EMA claims, the County Public Safety and Legal Services Service Area for the General Basic Block Grants, Joint Emergency Communication Center/EMA will deplete its funds; and

Whereas, the Sheriff Department has available funds in their budgets; and

Whereas, pursuant to section 331.434(6) of the Code of Iowa, a department appropriation may be decreased without a public hearing if the decrease is not more than the greater of $5,000 or ten percent of the department’s total budget; and

Therefore, be it resolved that Joint Emergency Communications Center/EMA in General Basic Block Grants (Dept. 20), County Public Safety and Legal Services Service Area, is herewith appropriated an additional $300,000 and a total appropriation of $4,139,111 for fiscal year 2008-2009. The appropriation for Sheriff (Dept. 08) is correspondingly decreased by $300,000 for a total of $9,044,809 for fiscal year 2008-2009. The relevant county service area is County Public Safety and Legal Services, which remains unchanged.

Motion by Harney, second by Stutsman, to approve Resolution 03-12-09-B2.

Motion by Stutsman, second by Sullivan, to set a public hearing for the FY09 Johnson County budget amendment for Thursday, April 2, 2009 at 9:00 a.m. and authorize the Auditor’s Office to publish the budget amendment hearing notice.

Convened Public Hearing on Zoning and Platting Applications at 5:37 p.m.

Zoning Application 15598 of Mary Knight requesting rezoning of 9.34 acres from A-Agricultural to R3-Residential of certain property described as being in the SE 1/4 of the NE 1/4 of Section 13, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This property is located on the south side of Newport Road NE approximately 1700 feet west of its intersection with Quincy Road NE in Newport Township.

MMS Consultants Representative Sandy Stiles was present to answer questions.

R. Sullivan asked why the lots are three acres as opposed to the type of development they are trying to encourage in the area. Stiles said they are not opposed to smaller lots if that’s what the Boards wants. R. Sullivan said this is not the kind of rezoning the Board wants to encourage and wonders why they would rezone to R3-Residential instead of Residential. Moore said when the applicant approached his office, Planning and Zoning recommended R3-Residential which was in line with what the applicant wanted. R. Sullivan said if the area is rezoned to Residential, they could still have three lots and possibly four. Smaller lots with a bigger outlot would preserve the open space and be more in keeping with the character of the area.

Moore said the Board recently approved the land right across the street as R3-Residential and he said that Stiles asked why this property is any different. Moore said he had wanted three acre lots across the street but that land is different with ravines, scrub, and woods. The land in this application is farmland, and Moore said he wants to minimize taking more farmland being used for crop production out of production. Moore said his research found conditional zonings have been approved in the past. He said it is possible to continue with the R3-Residential, and if the applicant is amenable, create a conditional agreement limiting the buildable lots created through the platting to one acre. Moore said then the remainder of the property would be in a non-buildable outlot. This forces the applicant into a four lot subdivision which requires a preliminary and final plat subject to the Sensitive Areas Ordinance. There are also financial burdens that will be placed on the applicant.

Meyers asked if the fourth lot would be the outlot. Moore said yes. Stutsman said it would not make any difference in the number of houses there but a difference in the lot size. She said she doesn't know what they would accomplish by doing that. Moore said they are looking for options but that his preference would have been for Residential with three, one acre lots. Meyers said he shares R. Sullivan's concerns. He said he has never had a favorable attitude about large lot subdivisions in the country and prefers the one acre lots. Stutsman said if they do the one acre lots, they still couldn't farm. Moore said the ordinance does not prohibit farming residentially zoned ground.

Harney asked if the applicant could subdivide again after the Board approves the application. Moore said if it is approved, the applicant can have three, three acre lots. Meyers asked what will happen to the existing home on the property. Stiles said the applicant intends to build a new house on one of the new lots and then her children would have the other two lots. Meyers said there is already an existing house on this farm.

Meyers asked if the third new lot would be for sale. Mary Knight, speaking for the application, said she would probably keep it as a big lot for herself if she built there. Meyers said she will have three new building sites if this is approved, one for herself, one for a relative, and asked if the third one would be up for sale. Knight said it might be for sale in the future. R. Sullivan said as the Board considers zonings they need to be thinking 50 years in the future. He said smaller lots would allow someone to build a house there but if there are three, three acre yards, that option doesn't exist.

Moore said if the applicant and Board agree, they would like to send it back to the Planning and Zoning Commission to republish for R and do three one acre lots. He said they would not charge the applicant zoning fees but would like $25 for republishing the amended application. Harney said he does not have a problem with that but the Commission voted four to zero to approve it because it meets the standards. He has a problem with sending it back and engaging them in more costs unless it is something they want to do. Stutsman asked about the Sensitive Areas Ordinance. Moore said if it is left as is and the applicant tries to subdivide even though the lot sizes are reduced to three one-acre lots, there must be a fourth lot that contains the rest of the zoned ground. A fourth lot triggers the Sensitive Areas Ordinances which requires more evaluation and can get expensive.

R. Sullivan said he does not mind people going through a sensitive area review in the North Corridor. He said he means no disrespect, but the Board is not obligated to rezone land. They try to decide what is best for the whole County and if they are going to rezone, he wants to do it right. Meyers agreed. He said the Sensitive Areas Ordinance was put in place for a reason, and he doesn't want to pretend to be doing the right thing while looking for ways to get around it. Meyers said he does not have a problem with the sensitive areas review. Stutsman asked if this is a flat farm field. Moore said it's fairly flat but there are a few slopes draining into the pond. R. Sullivan asked Knight if she owned all the land as well. Knight said yes.

Moore said the applicant has asked for the R-3 Zoning. R. Sullivan said he just wants the applicant to tweak the application and then he thinks he can support it. A motion was made and seconded to defer Application 15598 and the following discussion ensued. Harney asked if the applicant or the Board is requesting the deferral. Stiles asked for clarification of the conditional zoning. Moore said he is hearing from two Board members they'd like to see the size of the buildable lots be reduced to one acre and the rest of the property in the non-buildable outlot. That is what the conditional agreement would state and then the Sensitive Areas Ordinance would apply. Harney asked if they make the lots smaller will there be room for a septic to work. Stiles said if they go into the sensitive areas review, she does not know what the slopes are and they have a tendency to affect buildable areas. R. Sullivan said he'd like it reviewed under the Sensitive Areas Ordinance. He reminded the Board they are not obligated to do anything. R. Sullivan said the Board keeps talking about a vision of no large lot sprawl and he sees an opportunity to do better. Neuzil said there is a motion to defer the application. Stutsman said she has no problem with the original application but asked if the Board defers the application, can the applicant bring this same application back to the Board. Moore said if no agreement is reached within the 30 days, then the Board will act on this application.

Motion by Sullivan, second by Meyers, to defer Zoning Application 15598 for 30 days to the April 9, 2009 Formal meeting and continue the public hearing. Roll call: aye: Meyers Sullivan; nay: Harney, Stutsman, Neuzil.

R. Sullivan said this is not in keeping with their discussions about limiting sprawl and planning for the future. He repeated they are not obligated to rezone and does not see why the Board would not expect people to adhere to the best practice recommendations from Planning and Zoning. Harney said the Planning and Zoning Commission voted for it. R. Sullivan said he thinks they were dead wrong. Meyers said the staff report says they were not enthusiastic about this either. Harney said that it meets the criteria. R. Sullivan said there are no criteria except three votes. Moore said the Land Use Plan the Board adopted recently advocates for smaller clustered subdivisions, which this isn't. He said Planning and Zoning is trying not to create larger lots but it is up to the Board. Neuzil said he thinks the real question is in the platting and he thinks that the applicant will carry out the platting according to what she has said. Harney said since the Board approved the R3-Residential on the other side of the road he does not feel comfortable denying it on this application. R. Sullivan said there is a difference, on one side the woods is maintained and on the other side, the open space is maintained.

Motion by Stutsman, second by Harney, to waive the requirement of three considerations before amending an ordinance and to approve Zoning Application 15598 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil; nay: Sullivan, Meyers. (This motion constitutes passage on first consideration only due to the lack of three-fourths of the entire Board voting aye.)

Subdivision Application 15575 of Chris Huberty requesting final plat approval of Huberty Second Subdivision, a subdivision described as being located in the E 1/2 of the NE 1/4 of Section 23 and the NW 1/4 of the NW 1/4 of Section 24 Township 81 North, Range 7 West of the 5th P.M. in Johnson County, Iowa. This is a 5 lot subdivision containing 2 residential lots and 3 outlots of 40.19 acres located on the west side of Lake Manor Road NE at its intersection with Sandy Beach Road NE in Jefferson Township.

Harney asked if the shared driveway and easement issue has been settled. Assistant Planner Josh Busard said yes. Harney clarified that it will not affect the driveway in question. Busard agreed.

RESOLUTION 03-12-09-Z1

RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF HUBERTY SECOND SUBDIVISION, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15575 for approval of a final plat of Huberty Second Subdivision, and

Whereas, the County Zoning Commission, having studied said application recommends that the plat be approved.

Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said plat be approved.

2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Certificate of County Auditor; Owners’ Certificate and Consent; Attorney Title Opinion; Certificate of County Treasurer; Subdivider’s Agreement; Fenceline Deed Restriction; Gas Main Extension Agreement; Covenant for Electrical Improvements; Common Access Easement Maintenance; Utility Easement Maintenance Agreement; Pedestrian Access Easement Maintenance; Right of Way Dedication; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).

Motion by Sullivan, second by Stutsman, to approve Resolution 03-12-09-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Sullivan; abstain: Meyers.

Subdivision Application 15595 of Gertrude Meade signed by Denise Yoder Executor, requesting preliminary and final plat approval of Zeman First Subdivision, a subdivision described as being located in the NE 1/4 of the SE 1/4 of Section 4 Township 78 North, Range 6 West of the 5th P.M. in Johnson County, Iowa. This is a 1 lot, 2.00 acre farmstead split located on the west side of Oakcrest Hill Road SE approximately 2000 feet north of its intersection with 480th Street SE in Liberty Township.

Stutsman asked if the well provides water to the house. Assistant Planner Josh Busard said yes, it is an operating well. He said County Engineer Greg Parker said he thinks this will never be a factor, however, the County has the protection that if it ever does become a factor, the County will not be held responsible for anything to do with the well.

RESOLUTION 03-12-09-Z2

RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND SUBDIVIDER'S AGREEMENT OF ZEMAN FIRST SUBDIVISION, JOHNSON COUNTY, IOWA

Whereas, the owner has filed application 15595 for approval of a preliminary and final plat of Zeman First Subdivision, and

Whereas, the County Zoning Commission, having studied said application recommends that the plat be approved.

Now, Therefore, be it Resolved by the Board of Supervisors of Johnson County, Iowa:

1. That said plat be approved.

2. That the Chairperson be directed to sign said plat and Subdivider's Agreement.

3. This Resolution requires the recording of the following documents: A. Resolution & Documents: Owner’s Acknowledgement of Consent; Attorney’s Title Opinion; Certificate of County Treasurer; Certificate of County Auditor; Subdividers Agreement; Fence Agreement; Right of Way Covenant; Common Access Easement Agreement; Easement for Public Highway; Resolution Affirming the Stability of the Current Road System; B. Subdivision Plat (5); C. Acquisition Plat (5).

Motion by Stutsman, second by Sullivan, to approve Resolution 03-12-09-Z2.

Public Hearing closed at 6:10 p.m.

RESOLUTION 03-12-09-Z3

Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on March 9, 2009, filed its report and recommendations for certain actions;

Now, therefore, be it resolved as follows:

A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 9th day of April, 2009 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: It was motioned to not change the 2008 Johnson County Land Use Plan’s North Corridor Phasing Map as adopted.

That the Johnson County Auditor be authorized to publish the official notice of above public hearing.

Motion by Harney, second by Stutsman, to approve Resolution 03-12-09-Z3.

RESOLUTION 03-12-09-01

RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $4,100,000 GENERAL OBLIGATION EMERGENCY COMMUNICATION BUILDING BONDS, SERIES 2009A

WHEREAS, pursuant to the provisions of Section 331.402(3) of the Code of Iowa, Johnson County, Iowa (the “County”), has heretofore proposed to contract indebtedness and enter into a loan agreement (the “Loan Agreement”) in the principal amount of $4,100,000 to provide funds to pay the cost, to that extent, of construction of an Emergency Communication Building, and has published notice of the proposed action and has held a discussion meeting thereon; and

WHEREAS, pursuant to advertisement of sale bids for the purchase of $4,100,000 General Obligation Emergency Communication Building Bonds, Series 2009A (the “Bonds”), to be issued in evidence of the County’s obligation under the Loan Agreement, were received and canvassed on behalf of the County and the substance of such bids noted in the minutes; and

WHEREAS, upon final consideration of all bids, the bid of FTN Financial Capital Markets (the “Purchaser”) is the best, such bid proposing the lowest interest cost to the County;

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1. The County hereby determines to enter into the Loan Agreement with the Purchaser, in substantially the form attached hereto, providing for a loan to the County in the principal amount of $4,100,000, for the purpose set forth in the preamble hereof.

The Chairperson of the Board and the County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.

Section 2. The bid of the Purchaser referred to in the preamble hereof is hereby accepted, and the Bonds, dated April 1, 2009, maturing on June 1 in each of the years in the principal amounts and bearing interest at the respective rates as follows:

Year	Principal Amount	Interest Rate Per Annum	Year	Principal Amount	Interest Rate Per Annum

2010	$285,000	2.00%	2016	$385,000	3.00%
2011	$320,000	2.00%	2017	$400,000	3.25%
2012	$330,000	2.00%	2018	$420,000	3.55%
2013	$340,000	2.50%	2019	$435,000	3.75%
2014	$355,000	2.50%	2020	$460,000	3.85%
2015	$370,000	2.75%

are hereby awarded and authorized to be issued to the Purchaser at the price specified in such bid, together with accrued interest.

Section 3. The form of agreement of sale (the “Sale Agreement”) of the Bonds to the Purchaser is hereby approved, and the Chairperson of the Board and County Auditor are hereby authorized to execute the Sale Agreement for and on behalf of the County.

The County Treasurer is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2019 and 2020, prior to and in any order of maturity on June 1, 2018, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

All of the interest on the Bonds shall be payable December 1, 2009, and semiannually thereafter on the first day of June and December in each year. Payment of interest on the Bonds shall be made to the registered owners appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the interest payment date and shall be paid by check or draft mailed to the registered owners at the addresses shown on such registration books. Principal of the Bonds shall be payable in lawful money of the United States of America to the registered owners or their legal representatives upon presentation and surrender of the Bond or Bonds at the office of the Paying Agent.

The Board hereby covenants to appropriate to the General Fund of the County, in each year so long as any of the Bonds are outstanding, sufficient funds to pay interest and principal on the Bonds as such payments become due. The County hereby pledges the General Fund of the County and the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Bonds.

The Bonds shall be executed on behalf of the County with the official manual or facsimile signature of the Chairperson of the Board and attested with the official manual or facsimile signature of the County Auditor and shall have the County’s seal impressed or printed thereon, and shall be fully registered Bonds without interest coupons. In case any officer whose signature or the facsimile of whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar.

The Bonds shall be fully registered as to principal and interest in the names of the owners on the registration books of the County kept by the Registrar, and after such registration, payment of the principal thereof and interest thereon shall be made only to the registered owners or their legal representatives or assigns. Each Bond shall be transferable without cost to the registered owner thereof only upon the registration books of the County upon presentation to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form thereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa.

Section 4. Notwithstanding anything above to the contrary, the Bonds shall be issued initially as Depository Bonds, with one fully registered Bond for each maturity date, in principal amounts equal to the amount of principal maturing on each such date, and registered in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). On original issue, the Bonds shall be deposited with DTC for the purpose of maintaining a book-entry system for recording the ownership interests of its participants and the transfer of those interests among its participants (the “Participants”). In the event that DTC determines not to continue to act as securities depository for the Bonds or the County determines not to continue the book-entry system for recording ownership interests in the Bonds with DTC, the County will discontinue the book-entry system with DTC. If the County does not select another qualified securities depository to replace DTC (or a successor depository) in order to continue a book-entry system, the County will register and deliver replacement Bonds in the form of fully registered certificates, in authorized denominations of $5,000 or integral multiples of $5,000, in accordance with instructions from Cede & Co., as nominee for DTC. In the event that the County identifies a qualified securities depository to replace DTC, the County will register and deliver replacement Bonds, fully registered in the name of such depository, or its nominee, in the denominations as set forth above, as reduced from time to time prior to maturity in connection with redemptions or retirements by call or payment, and in such event, such depository will then maintain the book-entry system for recording ownership interests in the Bonds.

Ownership interests in the Bonds may be purchased by or through Participants. Such Participants and the persons for whom they acquire interests in the Bonds as nominees will not receive certificated Bonds, but each such Participant will receive a credit balance in the records of DTC in the amount of such Participant’s interest in the Bonds, which will be confirmed in accordance with DTC’s standard procedures. Each such person for which a Participant has an interest in the Bonds, as nominee, may desire to make arrangements with such Participant to have all notices of redemption or other communications of the County to DTC, which may affect such person, forwarded in writing by such Participant and to have notification made of all interest payments.

The County will have no responsibility or obligation to such Participants or the persons for whom they act as nominees with respect to payment to or providing of notice for such Participants or the persons for whom they act as nominees.

As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds.

DTC will receive payments from the County, to be remitted by DTC to the Participants for subsequent disbursement to the Beneficial Owners. The ownership interest of each Beneficial Owner in the Bonds will be recorded on the records of the Participants whose ownership interest will be recorded on a computerized book-entry system kept by DTC.

When reference is made to any action which is required or permitted to be taken by the Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the County to DTC, and DTC shall forward (or cause to be forwarded) the notices to the Participants so that the Participants can forward the same to the Beneficial Owners.

Beneficial Owners will receive written confirmations of their purchases from the Participants acting on behalf of the Beneficial Owners detailing the terms of the Bonds acquired. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and the Participants who act on behalf of the Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except as specifically provided herein. Interest and principal will be paid when due by the County to DTC, then paid by DTC to the Participants and thereafter paid by the Participants to the Beneficial Owners.

Section 5. The Bonds shall be in substantially the following form:

(Form of Bond)

UNITED STATES OF AMERICA

STATE OF IOWA JOHNSON COUNTY

GENERAL OBLIGATION EMERGENCY COMMUNICATION BUILDING BOND,

SERIES 2009A

No. _____		$_________

RATE	MATURITY DATE	BOND DATE	CUSIP

____%	June 1, ____	April 1, 2009

Johnson County (the “County”), in the State of Iowa, for value received, promises to pay on the maturity date of this Bond to

Cede & Co.

New York, New York

or registered assigns, the principal sum of

THOUSAND DOLLARS

in lawful money of the United States of America upon presentation and surrender of this Bond at the office of the Johnson County Treasurer, Iowa City, Iowa (hereinafter referred to as the “Registrar” or the “Paying Agent”), with interest on said sum, until paid, at the rate per annum specified above from the date of this Bond, or from the most recent interest payment date on which interest has been paid, on June 1 and December 1 of each year, commencing December 1, 2009, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be or become applicable hereto. Interest on this Bond is payable to the registered owner appearing on the registration books of the County at the close of business on the fifteenth day of the month next preceding the interest payment date, and shall be paid by check or draft mailed to the registered owner at the address shown on such registration books.

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar.

This Bond is one of a series of Bonds (the “Bonds”) issued by the County to evidence its obligation under a certain Loan Agreement, dated as of April 1, 2009 (the “Loan Agreement”), entered into by the County for the purpose of providing funds to pay a portion of the cost of the construction of an Emergency Communication Building.

The Bonds are issued pursuant to and in strict compliance with the provisions of Section 331.402(3) of the Code of Iowa, 2007, and all other laws amendatory thereof and supplemental thereto, and in conformity with a resolution of the County Board of Supervisors authorizing and approving the Loan Agreement and providing for the issuance and securing the payment of the Bonds (the “Resolution”), and reference is hereby made to the Resolution and the Loan Agreement for a more complete statement as to the source of payment of the Bonds and the rights of the owners of the Bonds.

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2019 and 2020, prior to and in any order of maturity on June 1, 2018, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

This Bond is fully negotiable but shall be fully registered as to both principal and interest in the name of the owner on the books of the County in the office of the Registrar, after which no transfer shall be valid unless made on said books and then only upon presentation of this Bond to the Registrar, together with either a written instrument of transfer satisfactory to the Registrar or the assignment form hereon completed and duly executed by the registered owner or the duly authorized attorney for such registered owner.

The County, the Registrar and the Paying Agent may deem and treat the registered owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the County, the Registrar and the Paying Agent shall not be affected by any notice to the contrary.

And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that the General Fund and the faith, credit, revenues and resources and all the real and personal property of the County have been irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.

IN TESTIMONY WHEREOF, Johnson County, Iowa, by its Board of Supervisors, has caused this Bond to be sealed with the facsimile of its official seal, to be executed with the duly authorized facsimile signature of its Chairperson and attested with the duly authorized facsimile signature of its County Auditor, all as of April 1, 2009.

JOHNSON COUNTY, IOWA

By (DO NOT SIGN)

Chairperson, Board of Supervisors

Attest:

(DO NOT SIGN)

County Auditor

(Seal)

Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned resolution.

By (DO NOT SIGN)

Johnson County Treasurer

ABBREVIATIONS

The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM	-	as tenants in common	UTMA
TEN ENT	-	as tenants by the entireties		(Custodian)
			As Custodian for
JT TEN	-	as joint tenants with right of			(Minor)
		survivorship and not as	under Uniform Transfers to Minors Act
		tenants in common
			(State)

Additional abbreviations may also be used though not in the list above.

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to

(Please print or type name and address of Assignee)

PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE

and does hereby irrevocably appoint __________________________, Attorney, to transfer this Bond on the books kept for registration thereof with full power of substitution.

Dated:

Signature guaranteed:

(Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signatures to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program.)

NOTICE: The signature to this Assignment must correspond with the name of the registered owner as it appears on this Bond in every particular, without alteration or enlargement or any change whatever.

Section 6. The Bonds shall be executed as herein provided as soon after the adoption of this resolution as may be possible and thereupon shall be delivered to the Registrar for registration, authentication and delivery to or upon the direction of the Purchaser, upon receipt of the loan proceeds, and all action heretofore taken in connection with the Loan Agreement and the sale of the Bonds is hereby ratified and confirmed in all respects.

Section 7. The County hereby pledges the General Fund and the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Bonds.

Section 8. It is the intention of the County that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof, the County covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.

The County hereby designates the Bonds as “Qualified Tax Exempt Obligations” as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.

Section 9. Continuing Disclosure. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for such securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such securities to provide certain disclosure information to prescribed information repositories on a continuing basis so long as such securities are outstanding.

On the date of issuance and delivery of the Bonds, the County will execute and deliver a Continuing Disclosure Certificate pursuant to which the County will undertake to comply with the Rule. The County covenants and agrees that it will comply with and carry out the provisions of the Continuing Disclosure Certificate. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the Rule and the Continuing Disclosure Certificate.

Section 10. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Motion by Stutsman, second by Meyers, to approve Resolution 03-12-09-01.

RESOLUTION 03-12-09-02

RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $11,000,000 GENERAL OBLIGATION EMERGENCY COMMUNICATION EQUIPMENT BONDS, SERIES 2009B

WHEREAS, pursuant to the provisions of Section 331.402(3) of the Code of Iowa, Johnson County, Iowa (the “County”), has heretofore proposed to contract indebtedness and enter into a loan agreement (the “Loan Agreement”) in the principal amount of $11,000,000 to provide funds to pay the cost, to that extent, of acquiring equipment for a Joint Emergency Communication System, and has published notice of the proposed action and has held a hearing thereon; and

WHEREAS, pursuant to advertisement of sale bids for the purchase of $11,000,000 General Obligation Emergency Communication Equipment Bonds, Series 2009B (the “Bonds”), to be issued in evidence of the County’s obligation under the Loan Agreement, were received and canvassed on behalf of the County and the substance of such bids noted in the minutes; and

WHEREAS, upon final consideration of all bids, the bid of Robert W. Baird & Company, Incorporated (the “Purchaser”) is the best, such bid proposing the lowest interest cost to the County;

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1. The County hereby determines to enter into the Loan Agreement with the Purchaser, in substantially the form attached hereto, providing for a loan to the County in the principal amount of $11,000,000, for the purpose set forth in the preamble hereof.

The Chairperson of the Board and the County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.

Year	Principal Amount	Interest Rate Per Annum	Year	Principal Amount	Interest Rate Per Annum

2010	$590,000	3.00%	2016	$ 930,000	3.50%
2011	$775,000	3.00%	2017	$ 970,000	3.50%
2012	$800,000	3.00%	2018	$1,010,000	3.75%
2013	$830,000	3.00%	2019	$1,060,000	4.00%
2014	$860,000	3.00%	2020	$1,115,000	4.00%
2015	$890,000	3.25%	2021	$1,170,000	4.00%

are hereby awarded and authorized to be issued to the Purchaser at the price specified in such bid, together with accrued interest.

The County Treasurer is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2019 to 2021, inclusive, prior to and in any order of maturity on June 1, 2018, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar.

The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa.

As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds.

Section 5. The Bonds shall be in substantially the following form:

(Form of Bond)

UNITED STATES OF AMERICA

STATE OF IOWA JOHNSON COUNTY

GENERAL OBLIGATION EMERGENCY COMMUNICATION EQUIPMENT BOND, SERIES 2009B

No. _____		$_________

RATE	MATURITY DATE	Bond DATE	CUSIP

____%	June 1, ____	April 1, 2009

Johnson County (the “County”), in the State of Iowa, for value received, promises to pay on the maturity date of this Bond to

Cede & Co.

New York, New York

or registered assigns, the principal sum of

THOUSAND DOLLARS

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar.

This Bond is one of a series of Bonds (the “Bonds”) issued by the County to evidence its obligation under a certain Loan Agreement, dated as of April 1, 2009 (the “Loan Agreement”), entered into by the County for the purpose of providing funds to pay a portion of the cost of acquiring equipment for a Joint Emergency Communication System.

The County reserves the right to prepay part or all of the Bonds maturing in each of the years 2019 to 2021, inclusive, prior to and in any order of maturity on June 1, 2018, or on any date thereafter upon terms of par and accrued interest. If less than all of the Bonds of any like maturity are to be redeemed, the particular part of those Bonds to be redeemed shall be selected by the Registrar by lot. The Bonds may be called in part in one or more units of $5,000. If less than the entire principal amount of any Bond in a denomination of more than $5,000 is to be redeemed, the Registrar will issue and deliver to the registered owner thereof, upon surrender of such original Bond, a new Bond or Bonds, in any authorized denomination, in a total aggregate principal amount equal to the unredeemed balance of the original Bond. Notice of such redemption as aforesaid identifying the Bond or Bonds (or portion thereof) to be redeemed shall be sent by electronic means or mailed by certified mail to the registered owners thereof at the addresses shown on the County’s registration books not less than 30 days prior to such redemption date. All of such Bonds as to which the County reserves and exercises the right of redemption and as to which notice as aforesaid shall have been given and for the redemption of which funds are duly provided, shall cease to bear interest on the redemption date.

And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the County are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.

JOHNSON COUNTY, IOWA

By (DO NOT SIGN)

Chairperson, Board of Supervisors

Attest:

(DO NOT SIGN)

County Auditor

(Seal)

Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned resolution.

By (DO NOT SIGN)

Johnson County Treasurer

ABBREVIATIONS

The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM	-	as tenants in common	UTMA
TEN ENT	-	as tenants by the entireties		(Custodian)
			As Custodian for
JT TEN	-	as joint tenants with right of			(Minor)
		survivorship and not as	under Uniform Transfers to Minors Act
		tenants in common
			(State)

Additional abbreviations may also be used though not in the list above.

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to

(Please print or type name and address of Assignee)

PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE

and does hereby irrevocably appoint __________________________, Attorney, to transfer this Bond on the books kept for registration thereof with full power of substitution.

Dated:

Signature guaranteed:

Section 7. For the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds as the same becomes due, there is hereby ordered levied on all the taxable property in the County in each of the years while the Bonds are outstanding, a tax sufficient for that purpose, and in furtherance of this provision, but not in limitation thereof, there is hereby levied on all the taxable property in the County the following direct annual tax for collection in each of the following fiscal years:

For collection in the fiscal year beginning July 1, 2009,

sufficient to produce the net annual sum of $1,036,541.67;

For collection in the fiscal year beginning July 1, 2010,

sufficient to produce the net annual sum of $1,140,050.00;

For collection in the fiscal year beginning July 1, 2011,

sufficient to produce the net annual sum of $1,141,800.00;

For collection in the fiscal year beginning July 1, 2012,

sufficient to produce the net annual sum of $1,147,800.00;

For collection in the fiscal year beginning July 1, 2013,

sufficient to produce the net annual sum of $1,152,900.00;

For collection in the fiscal year beginning July 1, 2014,

sufficient to produce the net annual sum of $1,157,100.00;

For collection in the fiscal year beginning July 1, 2015,

sufficient to produce the net annual sum of $1,168,175.00;

For collection in the fiscal year beginning July 1, 2016,

sufficient to produce the net annual sum of $1,175,625.00;

For collection in the fiscal year beginning July 1, 2017,

sufficient to produce the net annual sum of $1,181,675.00;

For collection in the fiscal year beginning July 1, 2018,

sufficient to produce the net annual sum of $1,193,800.00;

For collection in the fiscal year beginning July 1, 2019,

sufficient to produce the net annual sum of $1,206,400.00;

For collection in the fiscal year beginning July 1, 2020,

sufficient to produce the net annual sum of $1,216,800.00.

Section 8. A certified copy of this resolution shall be filed with the County Auditor, and the Auditor is hereby instructed to enter for collection and assess the tax hereby authorized. When annually entering such taxes for collection, the County Auditor shall include the same as a part of the tax levy for Debt Service Fund purposes of the County and when collected, the proceeds of the taxes shall be converted into the Debt Service Fund of the County and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the Bonds hereby authorized and for no other purpose whatsoever. Any amount received by the County as accrued interest on the Bonds shall be deposited into such special account and used to pay interest due on the Bonds on the first interest payment date.

Section 9. The interest or principal and both of them falling due in any year or years shall, if necessary, be paid promptly from current available funds of the County in advance of taxes levied and when the taxes shall have been collected, reimbursement shall be made to such current funds in the sum thus advanced. The County hereby pledges the faith, credit, revenues and resources and all of the real and personal property of the County for the full and prompt payment of the principal of and interest on the Bonds.

Section 10. It is the intention of the County that interest on the Bonds be and remain excluded from gross income for federal income tax purposes pursuant to the appropriate provisions of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations in effect with respect thereto (all of the foregoing herein referred to as the “Internal Revenue Code”). In furtherance thereof, the County covenants to comply with the provisions of the Internal Revenue Code as they may from time to time be in effect or amended and further covenants to comply with the applicable future laws, regulations, published rulings and court decisions as may be necessary to insure that the interest on the Bonds will remain excluded from gross income for federal income tax purposes. Any and all of the officers of the County are hereby authorized and directed to take any and all actions as may be necessary to comply with the covenants herein contained.

The County hereby designates the Bonds as “Qualified Tax Exempt Obligations” as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.

Section 11. Continuing Disclosure. The Securities and Exchange Commission (the “SEC”) has promulgated certain amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12) (the “Rule”) that make it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of $1,000,000 or more unless, before submitting a bid or entering into a purchase contract for such securities, it has reasonably determined that the issuer or an obligated person has undertaken in writing for the benefit of the holders of such securities to provide certain disclosure information to prescribed information repositories on a continuing basis so long as such securities are outstanding.

Section 12. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Motion by Sullivan, second by Harney, to approve Resolution 03-12-09-02.

RESOLUTION 03-12-09-03

RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $2,200,000 GENERAL OBLIGATION CONSERVATION BUILDINGS BONDS, SERIES 2009C

WHEREAS, pursuant to the provisions of Section 331.402(3) of the Code of Iowa, Johnson County, Iowa (the “County”), has heretofore proposed to contract indebtedness and enter into a loan agreement (the “Loan Agreement”) in the principal amount of $2,200,000 to provide funds to pay the cost, to that extent, of constructing County Conservation Buildings, and has published notice of the proposed action and held a hearing thereon; and

WHEREAS, pursuant to advertisement of sale bids for the purchase of $2,200,000 General Obligation Conservation Buildings Bonds, Series 2009C (the “Bonds”), to be issued in evidence of the County’s obligation under the Loan Agreement, were received and canvassed on behalf of the County and the substance of such bids noted in the minutes; and

WHEREAS, upon final consideration of all bids, the bid of Robert W. Baird & Company, Incorporated (the “Purchaser”) is the best, such bid proposing the lowest interest cost to the County;

NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Johnson County, Iowa, as follows:

Section 1. The County hereby determines to enter into the Loan Agreement with the Purchaser, in substantially the form attached hereto, providing for a loan to the County in the principal amount of $2,200,000, for the purpose set forth in the preamble hereof.

The Chairperson of the Board and the County Auditor are hereby authorized and directed to sign the Loan Agreement on behalf of the County, and the Loan Agreement is hereby approved.

Year	Principal Amount	Interest Rate Per Annum	Year	Principal Amount	Interest Rate Per Annum

2010	$270,000	3.00%	2014	$325,000	3.00%
2011	$295,000	3.00%	2015	$340,000	3.25%
2012	$305,000	3.00%	2016	$350,000	3.50%
2013	$315,000	3.00%

are hereby awarded and authorized to be issued to the Purchaser at the price specified in such bid, together with accrued interest.

The County Treasurer is hereby designated as the Registrar and Paying Agent for the Bonds and may be hereinafter referred to as the “Registrar” or the “Paying Agent.”

The Bonds are not subject to redemption prior to maturity.

The Bonds shall not be valid or become obligatory for any purpose until the Certificate of Authentication thereon shall have been signed by the Registrar.

The record and identity of the owners of the Bonds shall be kept confidential as provided by Section 22.7 of the Code of Iowa.

As used herein, the term “Beneficial Owner” shall hereinafter be deemed to include the person for whom the Participant acquires an interest in the Bonds.

Section 5. The Bonds shall be in substantially the following form:

(Form of Bond)

UNITED STATES OF AMERICA

STATE OF IOWA JOHNSON COUNTY

GENERAL OBLIGATION CONSERVATION BUILDINGS BOND, SERIES 2009C

No. _____		$_________

RATE	MATURITY DATE	Bond DATE	CUSIP

____%	June 1, ____	April 1, 2009

Johnson County (the “County”), in the State of Iowa, for value received, promises to pay on the maturity date of this Bond to

Cede & Co.

New York, New York

or registered assigns, the principal sum of

THOUSAND DOLLARS

This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon shall have been signed by the Registrar.

The Bonds are not subject to redemption prior to maturity.

And It Is Hereby Certified and Recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa, to exist, to be had, to be done or to be performed precedent to and in the issue of this Bond were and have been properly existent, had, done and performed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the County for the payment of the principal of and interest on this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the County are irrevocably pledged for the prompt payment hereof, both principal and interest; and that the total indebtedness of the County, including this Bond, does not exceed any constitutional or statutory limitations.

JOHNSON COUNTY, IOWA

By (DO NOT SIGN)

Chairperson, Board of Supervisors

Attest:

(DO NOT SIGN)

County Auditor

(Seal)

Registration Date: (Registration Date)

REGISTRAR’S CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned resolution.

By (DO NOT SIGN)

Johnson County Treasurer

ABBREVIATIONS

The following abbreviations, when used in this Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

TEN COM	-	as tenants in common	UTMA
TEN ENT	-	as tenants by the entireties		(Custodian)
			As Custodian for
JT TEN	-	as joint tenants with right of			(Minor)
		survivorship and not as	under Uniform Transfers to Minors Act
		tenants in common
			(State)

Additional abbreviations may also be used though not in the list above.

ASSIGNMENT

For valuable consideration, receipt of which is hereby acknowledged, the undersigned assigns this Bond to

(Please print or type name and address of Assignee)

PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE

and does hereby irrevocably appoint __________________________, Attorney, to transfer this Bond on the books kept for registration thereof with full power of substitution.

Dated:

Signature guaranteed:

For collection in the fiscal year beginning July 1, 2009,

sufficient to produce the net annual sum of $334,550.00;

For collection in the fiscal year beginning July 1, 2010,

sufficient to produce the net annual sum of $351,075.00;

For collection in the fiscal year beginning July 1, 2011,

sufficient to produce the net annual sum of $352,075.00;

For collection in the fiscal year beginning July 1, 2012,

sufficient to produce the net annual sum of $352,775.00;

For collection in the fiscal year beginning July 1, 2013,

sufficient to produce the net annual sum of $353,175.00;

For collection in the fiscal year beginning July 1, 2014,

sufficient to produce the net annual sum of $357,775.00;

For collection in the fiscal year beginning July 1, 2015,

sufficient to produce the net annual sum of $356,125.00.

The County hereby designates the Bonds as “Qualified Tax Exempt Obligations” as that term is used in Section 265(b)(3)(B) of the Internal Revenue Code.

Section 12. All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Motion by Sullivan, second by Stutsman, to approve Resolution 03-12-09-03.

RESOLUTION 03-12-09-04

NAMING DEPOSITORIES

Whereas, the Johnson County Board of Supervisors in Johnson County, Iowa approves the list of financial institutions to be depositories of Johnson County funds and specifies the maximum amount which may be kept on deposit in each depository, in conformance with Code of Iowa, section 12C.2, Deposit of Public Funds, Approval-requirements; and

Whereas, this resolution amends Resolution 05-22-08-B1;

Therefore be it resolved that the following depositories and maximum deposit balances be approved:

Auditor: US Bank, Iowa City $750,000

Public Health: Hills Bank & Trust, Hills $20,000

Recorder: Hills Bank & Trust, Hills $500,000

SEATS: Farmers & Merchants Savings Bank, Lone Tree $400

Hills Bank & Trust, Hills $250,000

Solon State Bank, Solon $400

Sheriff: Hills Bank & Trust, Hills $5,000,000

West Bank, Iowa City $10,000

Treasurer: Bank of America, Des Moines 40,000,000

Farmers & Merchants Savings Bank, Lone Tree $500,000

First Trust & Savings Bank, Oxford $500,000

Freedom Security Bank, Coralville $9,000,000

Hills Bank & Trust, Hills $100,000,000

Midwest One Bank, Iowa City $20,000,000

Liberty Bank, Iowa City $500,000

Solon State Bank, Solon $500,000

Swisher Trust & Savings Bank, Swisher $500,000

University of Iowa Community Credit Union, Iowa City $500,000

US Bank, Iowa City $10,000,000

Wells Fargo Bank, Coralville $500,000

West Bank, Iowa City $500,000

First American Bank, Iowa City $12,000,000

Motion by Harney, second by Stutsman, to approve Resolution 03-12-09-04.

Motion by Stutsman, second by Sullivan, to appoint Pat Harney as Chair of the Justice Center Coordinating Committee and R. Sullivan to serve as the other member from the Board; Sally Stutsman to the Alternatives and Treatments Subcommittee; Pat Harney and Larry Meyers to the Facilities Subcommittee; Neuzil to the Public Information/Outreach Subcommittee; and R. Sullivan to the Funding/Grants Sub-Committee.

Motion by Stutsman, second by Meyers, to approve and authorize the Chairperson to send Dave Purdy a letter of appreciation and certificate for serving on the Johnson County SEATS Paratransit Advisory Committee.

Motion by Stutsman, second by Sullivan, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Andy Neuzil, Hills, for display at River Junction, Lone Tree, on April 25, 2009.

Adjourned to Informal meeting at 6:35 p.m.

/s/Larry Meyers, Vice-Chairperson, Board of Supervisors

Attest: Tom Slockett, Auditor

By Nancy Tomkovicz, Recording Secretary

These minutes were sent for publication and formal approval on March 19, 2009.

Sent to the Board of Supervisors on March 18, 2009 at 10:30 a.m.