2005, SIXTY EIGHTH MEETING

 

CRAWFORD COUNTY COURTHOUSE, COMMISSIONERS’ BOARD ROOM

Girard, KS. Tuesday September 13, 2005, 10:00 AM

The Crawford County Board of Commissioners met pursuant to Kansas Statutes Annotated Chapter 19, Article 2, Section 18 in due and regular session with open doors. Commissioner Anthony Pichler served as the presiding officer.

Commissioners Bob Kmiec and Tom Moody were present.

County Clerk R.J. Wilson, assisted by Divisional Deputy Don Pyle, and County Counselor Jim Emerson were present and seated with the Board.

Chairman Pichler led the Pledge of Allegiance.

UNDER THE HEADING BUSINESS FROM A PREVIOUS MEETING

CONSENT AGENDA

On motion (05-275) of Commissioner Kmiec and the second of Commissioner Moody that the consent agenda be approved including:

Yeas: Commissioners Kmiec, Moody and Pichler

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed and the consent agenda was approved.

SIGNING OF MOTIONS

The County Clerk presented the following motions for Commissioners’ signatures.

Motion 05	-268	That the consent agenda be approved including: Approval of the August 30, 2005 minutes and approval of the duplicate statement sheets and vouchers
Motion 05	-269	To approve Resolution #2005-148 for the abatement of special assessments on property to be sold to the City of Walnut.
Motion 05	-270	To approve the County Clerk’s Report for August, 2005, On a Roll Call Vote.
Motion 05	-271	To approve for payment 2 invoices on Farlington Sewer District Number 4 Project from Chase Contractors and Kramer Engineering and authorize the chairman to sign.
Motion 05	-272	To approve the Application For Federal Assistance Submission, the Assurances for Construction Programs and the Agreement For Engineering Services for the Crawford County Sewer District Number 6 Project and authorize the chairman to sign.
Motion 05	-273	To approve Resolution Number 2005-149, to allow for utilities relocation on Project Number 19 C – 3955 – 01, a bridge improvement project .8 miles North of Chicopee.
Motion 05	-274	To approve Resolution Number 2005-150, to allow for utilities relocation on Project Number 19 C – 4036 – 01, a bridge improvement project 2.0 miles East of Cherokee.

UNDER THE HEADING NEW BUSINESS

SCHEDULED PUBLIC HEARINGS

Item One: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-276) of Commissioner Moody and the second of Commissioner Kmiec to close the public hearing on the Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed FY 2006 budget:

The Counselor answered Mr. Pichler that a resolution was not necessary this year to hit the statutory trigger to require a resolution since the budget was under that amount.

On motion (05-277) of Commissioner Pichler and the second of Commissioner Kmiec to adopt the FY 2006 county budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Two: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Fire District Number One of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-278) of Commissioner Moody and the second of Commissioner Pichler to close the public hearing on the Fire District Number One of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Fire District Number One FY 2006 budget:

On motion (05-279) of Commissioner Pichler and the second of Commissioner Moody to adopt the FY 2006 Fire District Number One budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Three: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Fire District Number Two of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-280) of Commissioner Kmiec and the second of Commissioner Pichler to close the public hearing on the Fire District Number Two of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Fire District Number Two FY 2006 budget:

On motion (05-281) of Commissioner Moody and the second of Commissioner Kmiec to adopt the FY 2006 Fire District Number Two budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Four: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Fire District Number Three of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-282) of Commissioner Moody and the second of Commissioner Pichler to close the public hearing on the Fire District Number Three of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The County Counselor presented Resolution 2005-151 to the members of the Board. Mr. Emerson stated that this had become a requirement a few years earlier when the tax lid was removed as a way to ensure public notification of a tax increase.

 

BOARD OF COUNTY COMMISSIONERS

CRAWFORD COUNTY, KANSAS

GIRARD, KANSAS

RESOLUTION NO. 2005-151

A RESOLUTION EXPRESSING THE PROPERTY TAXATION POLICY OF THE BOARD OF CRAWFORD COUNTY COMMISSIONERS WITH RESPECT TO FINANCING THE 2006 ANNUAL BUDGET FOR CRAWFORD COUNTY FIRE DISTRICT #3, CRAWFORD COUNTY, KANSAS.

WHEREAS, K.S.A. 79-2925b provides that a resolution be adopted if property taxes levied to finance the 2006 Crawford County Fire District #3 budget exceed the amount levied to finance the 2005 Crawford County Fire District #3 budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increased personal property valuation, other than increased valuation of oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year, or with regard to revenue produced for the purpose of repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

WHEREAS, budgeting, taxing and service level decisions for all district services are the responsibility of the district board; and

WHEREAS, Crawford County Fire District #3 provides essential services to district residents; and

WHEREAS, the cost of provision of these services continues to increase.

NOW, THEREFORE, BE IT RESOLVED by the Board of the Crawford County Fire District #3 that is our desire to notify the public of the possibility of increased property taxes to finance the 2006 Crawford County Fire District #3 budget as defined above.

ADOPTED, APPROVED AND GIVEN by the Board of County

Commissioners of Crawford County, Kansas, under our hands at

the Courthouse in Girard, Crawford County, Kansas this 13th day of September, 2005.

 

 

Anthony Pichler, Chairman Bob Kmiec

ATTEST:

_________________________

R.J. Wilson, County Clerk

 

On motion (05-283) of Commissioner Kmiec and the second of Commissioner Moody to adopt Resolution 2005-151: A RESOLUTION EXPRESSING THE PROPERTY TAXATION POLICY OF THE BOARD OF CRAWFORD COUNTY COMMISSIONERS WITH RESPECT TO FINANCING THE 2006 ANNUAL BUDGET FOR CRAWFORD COUNTY FIRE DISTRICT #3.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Fire District Number Three FY 2006 budget:

On motion (05-284) of Commissioner Pichler and the second of Commissioner Kmiec to adopt the FY 2006 Fire District Number Three budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Five: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Fire District Number Four of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-285) of Commissioner Kmiec and the second of Commissioner Moody to close the public hearing on the Fire District Number Four of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The County Counselor presented Resolution 2005-152 to the members of the Board.

BOARD OF COUNTY COMMISSIONERS

CRAWFORD COUNTY, KANSAS

GIRARD, KANSAS

RESOLUTION NO. 2005-152

A RESOLUTION EXPRESSING THE PROPERTY TAXATION POLICY OF THE BOARD OF CRAWFORD COUNTY COMMISSIONERS WITH RESPECT TO FINANCING THE 2006 ANNUAL BUDGET FOR CRAWFORD COUNTY FIRE DISTRICT #4, CRAWFORD COUNTY, KANSAS.

WHEREAS, K.S.A. 79-2925b provides that a resolution be adopted if property taxes levied to finance the 2006 Crawford County Fire District #4 budget exceed the amount levied to finance the 2005 Crawford County Fire District #4 budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increased personal property valuation, other than increased valuation of oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year, or with regard to revenue produced for the purpose of repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

WHEREAS, budgeting, taxing and service level decisions for all district services are the responsibility of the district board; and

WHEREAS, Crawford County Fire District #4 provides essential services to district residents; and

WHEREAS, the cost of provision of these services continues to increase.

NOW, THEREFORE, BE IT RESOLVED by the Board of the Crawford County Fire District #4 that is our desire to notify the public of the possibility of increased property taxes to finance the 2006 Crawford County Fire District #4 budget as defined above.

ADOPTED, APPROVED AND GIVEN by the Board of County

Commissioners of Crawford County, Kansas, under our hands at

the Courthouse in Girard, Crawford County, Kansas this 13th day of September, 2005.

 

Anthony Pichler, Chairman

Bob Kmiec

Tom Moody

 

ATTEST:

 

 

_________________________

R.J. Wilson, County Clerk

 

On motion (05-286) of Commissioner Kmiec and the second of Commissioner Pichler to adopt Resolution 2005-152: A RESOLUTION EXPRESSING THE PROPERTY TAXATION POLICY OF THE BOARD OF CRAWFORD COUNTY COMMISSIONERS WITH RESPECT TO FINANCING THE 2006 ANNUAL BUDGET FOR CRAWFORD COUNTY FIRE DISTRICT #4.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Fire District Number Four FY 2006 budget:

On motion (05-287) of Commissioner Kmiec and the second of Commissioner Moody to adopt the FY 2006 Fire District Number Four budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Six: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Sewer District Number One of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-288) of Commissioner Pichler and the second of Commissioner Moody to close the public hearing on the Sewer District Number One of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Sewer District Number One FY 2006 budget:

On motion (05-289) of Commissioner Pichler and the second of Commissioner Moody to adopt the FY 2006 Sewer District Number One budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Item Seven: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Sewer District Number Two of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-290) of Commissioner Moody and the second of Commissioner Kmiec to close the public hearing on the Sewer District Number Two of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Sewer District Number Two FY 2006 budget:

On motion (05-291) of Commissioner Kmiec and the second of Commissioner Moody to adopt the FY 2006 Sewer District Number Two budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Mr. Pichler was answered by the County Counselor that a mill levy could be assessed for a sewer district.

Item Eight: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Sewer District Number Four of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: Kmiec

On motion (05-292) of Commissioner Moody and the second of Commissioner Kmiec to close the public hearing on the Sewer District Number Four of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The County Counselor presented Resolution 2005-152 to the members of the Board.

The members of the Board entered into the following discussion of the proposed Sewer District Number Four FY 2006 budget:

On motion (05-293) of Commissioner Kmiec and the second of Commissioner Moody to adopt the FY 2006 Sewer District Number Four budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

Mr. Emerson mentioned that until funding is obligated there will be no budget approval process. Mr. Emerson said that Mr. Ragonese has been in contact with the Governor’s office.

Item Nine: Having been scheduled for 10:00 AM on September 13, 2005 Chairman Pichler opened the hearing on the Sewer District Number Five of Crawford County FY 2006 budget.

The following appeared in favor of the budget: None

The following appeared in opposition to the budget: None

The following appeared to receive answers to questions about the budget: None

On motion (05-294) of Commissioner Pichler and the second of Commissioner Moody to close the public hearing on the Sewer District Number Five of Crawford County FY 2006 budget.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

The members of the Board entered into the following discussion of the proposed Sewer District Number Five FY 2006 budget:

On motion (05-295) of Commissioner Moody and the second of Commissioner Kmiec to adopt the FY 2006 Sewer District Number Five budget as presented.

Yeas: Commissioners Kmiec, Moody and Pichler.

Nays:

Present but not voting:

Absent or not voting:

The motion prevailed.

OPENING OF SEALED BIDS

MESSAGES FROM ELECTED OFFICIALS

Item One: Sheriff Sandy Horton concerning approval for the chairman to sign Federal Emergency Management forms to allow Crawford County to participate in the Hurricane Katrina recovery effort. Mr. Horton said that a week ago Friday a list of people and equipment was made available to the Kansas division of FEMA. The Sheriff said that four deputies, four EMS personnel, two ambulances and the mobile command unit were made available to the state for deployment to the disaster area. Mr. Horton added that normally he would seek approval from the commission first but that the nature of this emergency did not allow them the extra time. He said that the state would call and find out if the equipment was available and then the items would be sent. The Sheriff said a couple of the older ambulance units could be sent to the disaster area. The Sheriff said a lot of agencies in the state have done the same thing. The Sheriff presented the forms for the signature of the Board chairman. The Sheriff said the ambulance service is very busy and they department thought long and hard about what resources could be spared to assist in an emergency. The Sheriff added that several employees had volunteered to got to the disaster area and several others had volunteered to work extra shifts while they were away. The Sheriff answered that by going through the department of emergency management that FEMA would replenish the funds. The Sheriff said it was important for the taxpayers to know that Crawford County is assisting in the disaster relief. At one time 2500 patients were to be coming to Wichita and there was an initial request for ambulance service to help transport people to and from the airport.

The Sheriff also mentioned that he received a summons today from an inmate who is suing the Sheriff. He said that he will forward the summons to the County Counselor for forwarding to the Insurance Carrier.

The Sheriff also said that the Sheriff’s Office is once again participating in a program for distributing gunlocks. Last year 700 gun locks were distributed quickly and this year only 300 were made available.

MESSAGES FROM APPOINTED OFFICIALS

MESSAGES FROM OTHER GOVERNMENTAL ENTITIES

MESSAGES FROM THE PUBLIC

Item One: Mr. Richard Harrison, 886 N. Highway 3, Hepler, concerning questions about bidding of county services, especially as they pertain to work surrounding the old county landfill. Mr. Harrison approached the Board about what is going on at the old landfill. Mr. Harrison asked if the work at the old landfill was put up for bids and how it was arrived as to what is being done. Mr. Pichler said that in 2003 KDHE came to the county and said that the potholes and sink holes had to be fixed. Mr. Pichler stated that the county searched all over to find someone to do the work. Mr. Pichler answered that there were no bids put out. Mr. Kmiec said that Mr. Krumsick called around to find someone to do the work. Mr. Emerson stated that by statute the county is only required to bid out road work, bridge work and building buildings. Mr. Harrison asked why the county was assisting in this as some of the equipment belongs to the county and some of it belongs to the contractor. Mr. Pichler replied that the county equipment was there to cut down on expense to the county. Mr. Harrison asked why a scraper is at the site. Mr. Pichler reported that the scraper couldn’t get to some of the dirt. Mr. Harrison asked why the county dump trucks have not been used. Mr. Kmiec said that Mr. Krumsick had stated that the terrain was too rough out there for the dump trucks and that was why the scraper was being used. Mr. Harrison did not understand why this was not opened up for all contractors to bid on and Mr. Kmiec stated that in 2003 Mr. Krumsick could not find anyone interested in doing this work. Mr. Moody suggested that Mr. Harrison leave information in the Road & Bridge office if he was interested in future work and Mr. Harrison replied that they already had his information. Mr. Harrison stated that neither he nor Freddy VanBecelaere had been contacted about this work.

Mr. Harrison went on to ask why the county workers worked 40 hours and then worked all weekend and he wondered if they got overtime for their work. None of the commissioners were aware of work being done over the weekend. Mr. Pichler stated that if they were working overtime, they would be paid properly for it and Mr. Harrison responded that if we are close on budget they why are they working overtime. Mr. Pichler said there is a timeline to complete the project through KDHE. He said Deffenbaugh has to perform some services on their side of the landfill. Mr. Pichler said that this is not a project for choice by the county. Mr. Kmiec said that there have been extensions on the project already. Mr. Pichler said that employees have the opportunity to take comp time. Mr. Pichler said that it would have been hard to bid the project because it was unclear as to what was needed at the landfill. Mr. Harrison added that he just did not think it was right to give this work to one contractor without allowing other contractors to bid on it and Mr. Pichler stated that he understood his point but that sometimes it is hard to get bids on these projects because the county is uncertain of what exactly must be done. Mr. Harrison said that Mr. Krumsick works for Mr. Foxx part time. Mr. Harrison also said that Mr. Moody’s sister was married to Mr. Foxx’s daughter. He then corrected himself and said that it was Mr. Moody’s brother that was married into the Foxx family. Mr. Pichler said that Mr. Harrison would be called in the future. Mr. Pichler stated that he did not think that had anything to do with how this was awarded. Mr. Harrison stated that it just doesn’t look right and that is why it should have been published. Mr. Pichler was answered that Mr. Harrison’s company is insured and bonded and Mr. Pichler added that they would call him on any future projects.

PROCLAMATIONS AND ORDERS OF THE BOARD

NEW BUSINESS

Item One: Mr. Wilson the County Clerk concerning a special election which has been petitioned for by residents of Girard City. Mr. Wilson said that he has received a petition signed by more than 53 qualified electors of Girard. The petition requests an election to determine the opinion of voters residing in the City of Girard on the retail sale of alcoholic liquor and cereal malt beverage, in the original package, on Sunday’s and holidays.

Mr. Wilson said that he has prepared a letter and forwarded it to the circulators of the petition and the city council and mayor of Girard informing them that an election, if necessary, should be held on or before October 22, 2005 with a suggested date of October 18, 2005. Mr. Wilson said that the Girard City Council is schedule to meet on September 19, 2005 and that they will have the option at that time to call the election or to rescind the previous charter ordinance.

Mr. Wilson said that the statute does not allow enough time for all of the pieces to work together in this scenario so his office is forced to proceed as if an election will be called. He mentioned that there would be a publication in the Girard Press on Wednesday informing voters of the day registration books will close if the election is called. Mr. Wilson said further, that if the City of Girard calls this special election that the city will pick up the cost of the election which is estimated between four and six thousand dollars.

Mr. Wilson mentioned further that all members of the County Clerks staff have been trained in the Electronic Voting Information System and that the system is scheduled to go live on September 20.

Mr. Pichler was answered that it takes 5% of the voters that last voted for president to sign the petition. Mr. Wilson stated that he has 3 polling places in Girard that he has suggested to the City of Girard to have all precincts in the City of Girard vote at the St. Michael’s Parish Hall. Mr. Pichler was answered that the City of Girard can either call for the election or they can rescind their ordinance. Mr. Wilson answered Mr. Kmiec that this would be the only item on the ballot but that there would be 2 questions regarding the sales of alcohol and the sales of cereal malt beverages.

Item Two: Mr. Emerson, the County Counselor concerning payment in full to the First National Bank of Girard in the amount of $520,643.70 for the issuance of general obligation bonds for the payment of services performed on Sewer District Number Two.

Mr. Emerson stated that rural development plans to close the loan with the bank on September 28, 2005. He mentioned that rural development would plan to pre-close the loan on September 23, 2005 in the presence of the county clerk, treasurer and Board chairman. This is a bond resolution to pay in full the Sewer District Number Two temporary notes. Mr. Pichler was answered that the temporary notes were not included in the FY 2006 budget, but the payment on these bands was included in the 2006 budget.

RESOLUTION NO. 2005-153

A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF THE CRAWFORD COUNTY, KANSAS, GENERAL OBLIGATION BONDS, SERIES 2005A (SEWERS), IN THE AGGREGATE PRINCIPAL AMOUNT OF $475,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PERMANENTLY FINANCE THE COST OF THE CONSTRUCTION OF CERTAIN SANITARY SEWER IMPROVEMENTS IN THE COUNTY; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS AND TAXES FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THE SAME BECOMES DUE.

WHEREAS, pursuant to K.S.A. 19-27a01 et seq., as amended, and other provisions of the laws of the State of Kansas applicable thereto, by proceedings duly had, the County of Crawford, Kansas, (the "County") has authorized the construction of certain sanitary sewer improvements (the "Improvements") to be made in the County; and

WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the Board of County Commissioners of the County (the "Board") now finds and determines that the total costs of the Improvements and related expenses are at least $1,286,889 (the "Project Cost"); and

WHEREAS, $351,645 of the Project Cost is payable from the proceeds of a community development block grant to the County from the State of Kansas; and

WHEREAS, $439,200 of the Project Cost is payable from the proceeds of a United States Department of Agriculture Rural Development grant to the County; and

WHEREAS, $21,044 of the Project Cost is payable from legally available and unencumbered funds of the County leaving unpaid the balance of the Project Cost in the amount of $475,000 for which general obligation bonds of the County may be issued; and

WHEREAS, the Board of the County is authorized by law to issue general obligation bonds of the County to permanently finance the costs of the Improvements; and

WHEREAS, the Board of the County deems it to be in the best interest of the County and its inhabitants that general obligation bonds of the County be issued for such purposes; and

WHEREAS, the Board of the County has contracted to sell its general obligation bonds as hereby authorized to an agency of the federal government of the United States of America (the "Government") and, as such, pursuant to K.S.A. 10-106, as amended, the County is not obligated to sell such bonds at public sale; and

WHEREAS, the proceeds of the sale of the general obligation bonds as herein authorized shall be disbursed and otherwise utilized by the County for the purposes and in the manner all as more particularly hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CRAWFORD, KANSAS:

475,000 of the Project Cost have been assessed to the owners of the property within the County benefited by the Improvements $21,044 of which has been prepaid by the owners of benefited property.

Section 101. Definitions of Words and Terms. In addition to words and terms identified elsewhere herein, the following words and terms as used in this Resolution shall have the following meanings:

"Bond and Interest Fund" means the Bond and Interest Fund of the County for its general obligation bonds.

"Bond Counsel" means the firm of Nichols and Wolfe Chartered, or any other attorney or firm of attorneys with a nationally recognized standing in the field of municipal bond financing as selected by the County.

"Bond Payment Date" means any date on which principal of or interest on any Bond is payable.

"Bond Register" means the books for the registration, transfer and exchange of Bonds kept at the office of the Bond Registrar.

"Bond Registrar" means the Treasurer of the State of Kansas, Topeka, Kansas, and its successors and assigns.

"Bonds" means the General Obligation Bonds, Series 2005A (Sewers), authorized and issued by the County pursuant to this Resolution.

"Business Day" means a day other than a Saturday, Sunday or holiday on which the Paying Agent is scheduled in the normal course of its operations to be open to the public for conduct of its operations.

"Chairman" means the duly appointed and/or elected Chairman of the Board of County Commissioners of the County or, in the Chairman’s absence, the duly appointed Vice Chairman or Acting Chairman of the County.

"Clerk" means the duly appointed and/or elected Clerk of the County or, in the Clerk’s absence, the duly appointed Deputy Clerk or Acting Clerk of the County.

"Code" means the Internal Revenue Code of 1986, as amended.

"Costs of Issuance" means all costs of issuing the Bonds, including all publication, printing, signing and mailing expenses in connection therewith, registration fees, financial advisory fees, all legal fees and expenses of Bond Counsel and other legal counsel and expenses incurred in connection with compliance with the Code.

"County" means the Crawford County, Kansas, the issuer of the Bonds.

"Dated Date" means September 28, 2005.

"Defaulted Interest" means interest on any Bond which is payable but not paid on any Interest Payment Date.

"Defeasance Obligations" means any of the following obligations:

(a) United States Government Obligations that are not subject to redemption in advance of their maturity dates; or (b) obligations of any state or political subdivision of any state, the interest on which is excluded from gross income for federal income tax purposes and which meet the following conditions:

(1) the obligations are (i) not subject to redemption prior to maturity or (ii) the trustee for such obligations has been given irrevocable instructions concerning their calling and redemption and the County of such obligations has covenanted not to redeem such obligations other than as set forth in such instructions;

(2) the obligations are secured by cash or United States Government Obligations that may be applied only to principal of, premium, if any, and interest payments on such obligations;

(3) such cash and the principal of and interest on such United States Government Obligations (plus any cash in the escrow fund) are sufficient to meet the liabilities of the obligations;

(4) such cash and United States Government Obligations serving as security for the obligations are held in an escrow fund by an escrow agent or a trustee irrevocably in trust; and (5) such cash and United States Government Obligations are not available to satisfy any other claims, including those against the trustee or escrow agent.

"Event of Default" means each of the following occurrences or events:

(a) Payment of the principal or the Redemption Price of any of the Bonds shall not be made when the same shall become due and payable, either at Stated Maturity or by proceedings for redemption or otherwise; or

(b) Payment of any installment of interest on any of the Bonds shall not be made when the same shall become due; or

(c) The County shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the part of the County to be performed (other than relating to Rule 15c2-12 as defined in the Disclosure Certificate), and such default shall continue for thirty (30) days after written notice specifying such default and requiring same to be remedied shall have been given to the County by the Owner of any of the Bonds then Outstanding.

"Fiscal Year" means the twelve month period ending on December 31.

"Funds and Accounts" means funds and accounts created or referred to in Section 501 hereof.

"Government" means the United States of America.

"Improvements" mean certain sanitary sewer improvements constructed in the County in accordance with the legal authority as described in the recitals to this Resolution.

"Interest Payment Date(s)" means the Stated Maturity of an installment of interest on any Bond which shall be September 28 of each year, commencing September 28, 2006.

"Maturity" when used with respect to any Bond means the date on which the principal of such Bond becomes due and payable as therein and herein provided, whether at the Stated Maturity thereof or call for redemption or otherwise.

"No Arbitrage and Use of Proceeds Certificate" means the certificate so named and included in the transcript of proceedings pertaining to the issuance of the Bonds describing the investment and use of the proceeds of the Bonds.

"Outstanding" means, when used with reference to the Bonds, as of a particular date of determination, all Bonds theretofore authenticated and delivered, except the following Bonds:

(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;

(b) Bonds deemed to be paid in accordance with the provisions of Section 701 hereof; and

(c) Bonds in exchange for or in lieu of which other Bonds have been authenticated and delivered hereunder.

"Outstanding Principal Amount" means, as of a particular date, that portion of the principal amount of the Bond which has not yet matured and become due and payable, and which has not, in fact, been paid or provision made for such payment. "Owner" when used with respect to any Bond means the Person in whose name such Bond is registered on the Bond Register.

"Paying Agent" means the State Treasurer, and any successors and assigns.

"Permitted Investments" means: (a) investments authorized by K.S.A. 12-1675 and amendments thereto; (b) the municipal investment pool established pursuant to K.S.A. 12-1677a, and amendments thereto; (c) direct obligations of the United States Government or any agency thereof; (d) the County’s temporary notes issued pursuant to K.S.A. 10-123 and amendments thereto; (e) interest-bearing time deposits in commercial banks located in the county or counties in which the County is located; (f) obligations of the federal national mortgage association, federal home loan banks or the federal home loan mortgage corporation; (g) repurchase agreements for securities described in (c) or (f); (h) investment agreements with or other obligations of a financial institution the obligations of which at the time of investment are rated in either of the three highest rating categories by Moody’s, Inc. or Standard & Poor’s; (i) investments in shares or units of a money market fund or trust the portfolio of which is comprised entirely of securities described in (c) or (f); (j) receipts evidencing ownership interests in securities or portions thereof described in (c) or (f); (k) municipal bonds or other obligations issued by any municipality of the State as defined in K.S.A. 10-1101 which are general obligations of the municipality issuing the same; or (l) bonds of any municipality of the States as defined in K.S.A. 10-1101 which have been refunded in advance of their maturity and are fully secured as to payment of principal and interest thereon by deposit in trust, under escrow agreement with a bank, of securities described in (c) or (f). No Permitted Investment shall include any derivative investment instrument whose market price is derived from the fluctuating value of an underlying asset, index, currency, futures contract, including futures, options and collateralized mortgage obligations.

"Person" means any natural person, corporation, partnership, joint venture, association, firm, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof or other public body.

"Principal and Interest Account" means the Principal and Interest Account for Crawford County, Kansas, General Obligation Bonds, Series 2005A, created herein within the County’s Bond and Interest Fund.

"Project Account" means the Project Account in the treasury of the County, created herein.

"Purchase Price" means the par value of the Bonds.

"Purchaser" means the United States of America, the original purchaser of the Bonds.

"Record Dates" for the interest payable on any Interest Payment Date means the fifteenth day (whether or not a Business Day) of each month preceding such Interest Payment Date.

"Redemption Date" when used with respect to any Bond to be redeemed means the date fixed for the redemption of such Bond pursuant to the terms of this Resolution.

"Redemption Price" when used with respect to any Bond to be redeemed means the price at which such Bond is to be redeemed pursuant to the terms of this Resolution, including the applicable redemption premium, if any, but excluding installments of interest whose Stated Maturity is on or before the Redemption Date.

"Replacement Bonds" means Bonds issued to the beneficial owners of the Bonds in accordance with Section 207 hereof.

"Resolution" means this resolution relating to the Bonds.

"Special Record Date" means the date fixed by the Paying Agent pursuant to Section 204 hereof for the payment of Defaulted Interest.

"State" means the State of Kansas.

"State Treasurer" means the duly elected Treasurer or, in the Treasurer’s absence, the duly appointed Deputy Treasurer or acting Treasurer of the State of Kansas.

"Stated Maturity" when used with respect to any Bond or any installment of interest thereon means the date specified in such Bond and this Resolution as the fixed date on which the principal of such Bond or such installment of interest is due and payable.

"Treasurer" means the duly appointed and/or elected Treasurer of the County or, in the Treasurer’s absence, the duly appointed Deputy Treasurer or acting Treasurer of the County.

"United States Government Obligations" means bonds, notes, certificates of indebtedness, treasury bills or other securities consisting of direct obligations of, or obligations the principal of and interest on which are fully and unconditionally guaranteed as to full and timely payment by, the United States of America, including evidences of a direct ownership interest in the future interest or principal payment on obligations issued by the United States of America (including the interest component of obligations of the Resolution Funding Corporation).

Section 201. Authorization of the Bonds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2005A (Sewers), of the County in the aggregate principal amount of $475,000 for the purpose of providing funds to pay the costs of the Improvements.

Section 202. Description of the Bonds. The Bonds shall be a single certificated Registered Bond without coupons in the denomination of $475,000 or the aggregate declining unpaid principal balance payable to the registered holder thereof and registered as to principal and interest in the name of such registered holder and be dated September 28, 2005, bearing interest at the rate of four and one hundred twenty-five thousandths percent (4.125%) per annum (calculated on the basis of a 365-day year) payable on September 28 of each year commencing September 28, 2006 (the "Interest Payment Dates") until the principal of the Bonds has been paid, with installments of principal payable as provided in the attached Bond Amortization Schedule, marked as Schedule No. 1 hereto.

Payments of principal and interest, whether upon redemption or otherwise, made in respect of the Bonds, shall be made to the registered owner of the Bonds appearing on the registration books of the County maintained by the Bond Registrar or at such other address as is furnished in writing by such registered owner to the Bond Registrar by the close of business on the 15^{th day preceding the applicable Interest Payment Date (the "Record Dates"). Such payments by check or draft of the Paying Agent shall fully discharge the obligation of the County in respect of the Bonds, to the extent of the payment made. The final installment payable toward the principal balance of the Bond shall be payable at the office of the Treasurer of the State of Kansas in the City of Topeka, Kansas (the "Paying Agent," "Bond Registrar" and "Transfer Agent").}

^{The Bonds, as originally issued or issued upon transfer, exchange or substitution, shall be typed or printed in accordance with the format required by the Attorney General of the State and shall be substantially in the form attached hereto as Exhibit A or as may be required by the Attorney General pursuant to the Notice of Systems of Registration for Kansas Municipal Bonds, 2 Kan. Reg. 921 (1983), in accordance with the Kansas Bond Registration Law, K.S.A. 10-620 et seq.}

^{Section 203. Designation of Paying Agent and Bond Registrar. The State Treasurer, Topeka, Kansas, is hereby designated as the Paying Agent for the payment of principal of and interest on the Bonds and Bond Registrar with respect to the registration, transfer and exchange of Bonds. The Chairman and Clerk of the County are hereby authorized and empowered to execute on behalf of the County an agreement with the Bond Registrar and Paying Agent for the Bonds.}

^{The County will at all times maintain a Paying Agent and Bond Registrar meeting the qualifications herein described for the performance of the duties hereunder. The County reserves the right to appoint a successor Paying Agent or Bond Registrar by (1) filing with the Paying Agent or Bond Registrar then performing such function a certified copy of the proceedings giving notice of the termination of such Paying Agent or Bond Registrar and appointing a successor, and (2) causing notice of appointment of the successor Paying Agent and Bond Registrar to be given by first class mail to each Owner. No resignation or removal of the Paying Agent or Bond Registrar shall become effective until a successor has been appointed and has accepted the duties of Paying Agent or Bond Registrar.}

^{Every Paying Agent or Bond Registrar appointed hereunder shall at all times meet the requirements of K.S.A. 10-501 et seq. and K.S.A. 10-620 et seq., respectively.}

^{Section 204. Method and Place of Payment of the Bonds. The principal or Redemption Price of and interest on the Bonds shall be payable in any coin or currency which, on the respective dates of payment thereof, is legal tender for the payment of public and private debts.}

^{The principal or Redemption Price of each Bond shall be paid at Maturity to the Person in whose name such Bond is registered on the Bond Register at the Maturity thereof, upon presentation and surrender of such Bond at the principal corporate trust office of the Paying Agent. The interest payable on each Bond on any Interest Payment Date shall be paid to the Owner of such Bond as shown on the Bond Register at the close of business on the Record Date for such interest (a) by check or draft mailed by the Paying Agent to the address of such Owner shown on the Bond Register or (b) in the case of an interest payment to any Owner of $500,000 or more in aggregate principal amount of Bonds, by electronic transfer to such Owner upon written notice given to the Bond Registrar by such Owner, not less than 15 days prior to the Record Date for such interest, containing the electronic transfer instructions including the bank (which shall be in the continental United States) ABA routing number and account number to which such Owner wishes to have such transfer directed.}

^{Notwithstanding the foregoing provisions of this Section, any Defaulted Interest with respect to any Bond shall cease to be payable to the Owner of such Bond on the relevant Record Date and shall be payable to the Owner in whose name such Bond is registered at the close of business on the Special Record Date for the payment of such Defaulted Interest, which Special Record Date shall be fixed as hereinafter specified in this paragraph. The County shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment (which date shall be at least 30 days after receipt of such notice by the Paying Agent) and shall deposit with the Paying Agent at the time of such notice an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Paying Agent for such deposit prior to the date of the proposed payment. Following receipt of such funds the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than 15 nor less than 10 days prior to the date of the proposed payment. The Paying Agent shall promptly notify the County of such Special Record Date and, in the name and at the expense of the County, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefore to be mailed, by first class mail, postage prepaid, to each Owner of a Bond entitled to such notice at the address of such Owner as it appears on the Bond Register not less than 10 days prior to such Special Record Date.}

^{The Paying Agent shall keep a record of payment of principal and Redemption Price of and interest on all Bonds and at least annually shall forward a copy or summary of such records to the County.}

^{Section 205. Registration, Transfer and Exchange of Bonds. The County covenants that, as long as any of the Bonds remain Outstanding, it will cause the Bond Register to be kept at the office of the Bond Registrar as herein provided. Each Bond when issued shall be registered in the name of the Owner thereof on the Bond Register. Bonds may be transferred and exchanged only on the Bond Register as provided in this Section. Upon surrender of any Bond at the principal corporate trust office of the Bond Registrar, the Bond Registrar shall transfer or exchange such Bond for a new Bond or Bonds in any 8 authorized denomination of the same Stated Maturity and in the same aggregate principal amount as the Bond that was presented for transfer or exchange. Bonds presented for transfer or exchange shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Bond Registrar, duly executed by the Owner thereof or by the Owner’s duly authorized agent.}

^{In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. The County shall pay the fees and expenses of the Bond Registrar for the registration, transfer and exchange of Bonds provided for by this Resolution and the cost of printing a reasonable supply of registered bond blanks. Any additional costs or fees that might be incurred in the secondary market, other than fees of the Bond Registrar, are the responsibility of the Owners of the Bonds. In the event any Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent may make a charge against such Owner sufficient to pay any governmental charge required to be paid as a result of such failure. In compliance with Section 3406 of the Code, such amount may be deducted by the Paying Agent from amounts otherwise payable to such Owner hereunder or under the Bonds. The County and the Bond Registrar shall not be required (a) to register the transfer or exchange of any Bond that has been called for redemption after notice of such redemption has been mailed by the Paying Agent pursuant to Section 303 hereof and during the period of 15 days next preceding the date of mailing of such notice of redemption; or (b) to register the transfer or exchange of any Bond during a period beginning at the opening of business on the day after receiving written notice from the County of its intent to pay Defaulted Interest and ending at the close of business on the date fixed for the payment of Defaulted Interest pursuant to Section 204 hereof.}

^{The County and the Paying Agent may deem and treat the Person in whose name any Bond is registered on the Bond Register as the absolute Owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price of and interest on said Bond and for all other purposes. All payments so made to any such Owner or upon the Owner’s order shall be valid and effective to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the County nor the Paying Agent shall be affected by any notice to the contrary. At reasonable times and under reasonable regulations established by the Bond Registrar, the Bond Register may be inspected and copied by the Owners of 10% or more in principal amount of the Bonds then Outstanding or any designated representative of such Owners whose authority is evidenced to the satisfaction of the Bond Registrar.}

^{Section 206. Execution, Registration, Authentication and Delivery of Bonds. Each of the Bonds, including any Bonds issued in exchange or as substitutions for the Bonds initially delivered, shall be executed for and on behalf of the County by the manual or facsimile signature of the Chairman, attested by the manual or facsimile signature of the Clerk and the seal of the County shall be affixed thereto or imprinted thereon. The Chairman and Clerk are hereby authorized and directed to prepare and execute the Bonds in the manner herein specified, and to cause the Bonds to be registered in the office of the Clerk, which registration shall be evidenced by the manual or facsimile signature of the Clerk with the seal of the County affixed thereto or imprinted thereon. The Bonds shall also be registered in the office of the State Treasurer, which registration shall be evidenced by the manual or facsimile signature of the State Treasurer with the seal of the State Treasurer affixed thereto or imprinted thereon. In case any officer whose signature appears on any Bonds ceases to be such officer before the delivery of such Bonds, such 9 signature shall nevertheless be valid and sufficient for all purposes, as if such person had remained in office until delivery. Any Bond may be signed by such persons who at the actual time of the execution of such Bond are the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers.}

^{The Bonds shall have endorsed thereon a certificate of authentication substantially in the form attached hereto as Exhibit A hereof, which shall be manually executed by an authorized officer or employee of the Bond Registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the Bonds that may be issued hereunder at any one time. No Bond shall be entitled to any security or benefit under this Resolution or be valid or obligatory for any purpose unless and until such certificate of authentication has been duly executed by the Bond Registrar. Such executed certificate of authentication upon any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. Upon authentication, the Bond Registrar shall deliver the Bonds to the Purchaser upon instructions of the County or its representative.}

^{Section 207. Mutilated, Lost, Stolen or Destroyed Bonds. If (a) any mutilated Bond is surrendered to the Bond Registrar or the Bond Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Bond, and (b) there is delivered to the County and the Bond Registrar such security or indemnity as may be required by each of them, then, in the absence of notice to the County or the Bond Registrar that such Bond has been acquired by a bona fide purchaser, the County shall execute and, upon the County’s request, the Bond Registrar shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like tenor and principal amount. If any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the County, in its discretion, may pay such Bond instead of issuing a new Bond.}

^{Upon the issuance of any new Bond under this Section, the County may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith.}

^{Every new Bond issued pursuant to this Section shall constitute a replacement of the prior obligation of the County, and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds.}

^{Section 208. Cancellation and Destruction of Bonds Upon Payment. All Bonds that have been paid or redeemed or that otherwise have been surrendered to the Paying Agent, either at or before Maturity, shall be cancelled by the Paying Agent immediately upon the payment, redemption and surrender thereof to the Paying Agent and subsequently destroyed in accordance with the customary practices of the Paying Agent. The Paying Agent shall execute a certificate in duplicate describing the Bonds so cancelled and destroyed and shall file an executed counterpart of such certificate with the County.}

^{Section 209. Sale of the Bonds. The sale of the Bonds to the Purchaser is hereby ratified and confirmed. Delivery of the Bonds shall be made to the Purchaser as soon as practicable after the passage of this Resolution, upon payment of the Purchase Price.}

^{Section 301. Redemption of Bonds.}

^{(a) Optional Redemption by County. At the option of the County, the Outstanding Principal Amount of the Bonds, or any portion thereof, is subject to redemption prior to maturity on any date (the date being so set for redemption and payment under this sub paragraph being referred to as (the "Redemption Date"), at a redemption price equal to one hundred percent (100%) of the principal amount so redeemed plus all accrued and unpaid interest on such principal amount so redeemed to the Redemption Date.}

^{(b) Redemption Upon Graduation. The County hereby acknowledges the provisions of 7 U.S.C. 1983(3) and the right and ability of the Government to require redemption of the entire Outstanding Principal Amount of the Bonds in accordance therewith.}

^{Section 302. Selection of Bonds to be redeemed. Bonds shall be redeemed only in the principal amount of $1,000 or any integral multiple thereof. When less than all of the Bonds of the same maturity are to be redeemed and paid prior to their Stated Maturity, the Bonds to be redeemed shall be selected by the Bond Registrar in $1,000 units of principal amount in such equitable manner as the Bond Registrar may determine.}

^{In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $1,000 are then Outstanding, then for all purposes in connection with such redemption each $1,000 of face value shall be treated as though it were a separate Bond of the denomination of $1,000. If it is determined that one or more, but not all, of the $1,000 units of face value represented by any Bond is selected for redemption, then upon notice of intention to redeem such $1,000 unit or units, the Owner or the Owner’s duly authorized agent shall forthwith present and surrender such Bond to the Bond Registrar: (1) for payment of the Redemption Price and interest to the Redemption Date of such $1,000 unit or units of face value called for redemption, and (2) for exchange, without charge to the Owner thereof, for a new Bond or Bonds of the aggregate principal amount of the unredeemed portion of the principal amount of such Bond. If the Owner of any such Bond fails to present such Bond to the Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date to the extent the $1,000 unit or units of face value called for redemption (and to that extent only).}

^{Section 303. Notice and Effect of Call for Redemption. That in the event of any such redemption, the County will give written notice of its intention to redeem and pay the Outstanding Principal Amount, or any portion thereof, by United States certified mail addressed to the Paying Agent at which the Bonds are payable not less than forty-five (45) days prior to the date fixed for redemption. Upon its receipt of notice of the call for any redemption, the Paying Agent shall give notice of such call by mailing a copy of the redemption notice by first class mail, postage prepaid, not less than thirty (30) days prior to the date of such redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books maintained by the Bond Registrar. Failure to give such notice by mailing to the registered owner of any Bond, or any defect therein, shall not affect the validity of any proceedings for the redemption of the Outstanding Principal Amount, or any portion thereof. Any notice mailed as provided herein shall be conclusively presumed to have been duly given, whether or not the owner of such Bonds received the notice.}

^{Section 401. Security for the Bonds. The Bonds shall be general obligations of the County payable as to both principal and interest from special assessments levied upon specially benefited property and, if not so paid, from ad valorem taxes which may be levied without limitation upon all the taxable tangible property, real and personal, within the territorial limits of the County. The full faith, credit and resources of the County are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.}

^{Section 402. Levy and Collection of Annual Tax. The governing body of the County shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes upon all of the taxable tangible property within the County in the manner provided by law. The taxes referred to above shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the other ad valorem taxes of the County are levied and collected. The proceeds derived from said taxes shall be deposited in the Principal and Interest Account, shall be kept separate and apart from all other funds of the County and shall be used solely for the payment of the principal of, premium, if any, and interest on the Bonds as and when the same become due, taking into account the fees and expenses of the Bond Registrar and Paying Agent. If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the County and to reimburse said general funds for money so expended when said taxes are collected.}

^{ARTICLE V}

^{Section 501. Establishment of Funds and Accounts. Simultaneously with the issuance of the Bonds, there shall be created within the treasury of the County the following funds and accounts:}

^{The Funds and Accounts established herein shall be administered in accordance with the provisions of this Resolution so long as the Bonds are Outstanding.}

^{Section 502. Disposition of Bond Proceeds.}

^{Section 503. Withdrawals from the Project Account. The Treasurer shall make withdrawals from the Project Account solely for the purpose of paying costs and expenses of the Improvements, including the allocable portion of the Costs of Issuance. Such withdrawals shall be made only on due authorization by the governing body of the County.}

^{Section 504. Surplus in the Project Account. All moneys remaining in the Project Account after the completion of the Improvements, as determined by the governing body of the County, shall be transferred immediately to the Principal and Interest Account and applied to the next installment of principal due on the series of Bonds from which surplus moneys remain.}

^{Section 505. Application of Moneys in Principal and Interest Account. All amounts paid and credited to the Principal and Interest Account shall be expended and used by the County for the sole purpose of paying the principal or Redemption Price of and interest on the Bonds as and when the same become due and the usual and customary fees and expenses of the Bond Registrar and Paying Agent. The Treasurer is authorized and directed to withdraw from the Principal and Interest Account sums sufficient to pay both principal or Redemption Price of and interest on the Bonds and the fees and expenses of the Bond Registrar and Paying Agent as and when the same become due, and to forward such sums to the Paying Agent in a manner which ensures that the Paying Agent will receive immediately available funds in such amounts on or before the Business Day immediately preceding the dates when such principal, interest and fees of the Bond Registrar and Paying Agent will become due. If, through the lapse of time or otherwise, the Owners of Bonds are no longer entitled to enforce payment of the Bonds or the interest thereon, the Paying Agent shall return said funds to the County. All moneys deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Resolution and shall be held in trust by the Paying Agent for the benefit of the Owners of the Bonds and entitled to payment from such moneys. Any moneys or investments remaining in the Principal and Interest Account after the retirement of the indebtedness for which the Bonds were issued shall be transferred and paid into the Bond and Interest Fund of the County.}

^{Section 506. Deposits and Investment of Moneys. Moneys in each of the Funds and Accounts shall be deposited in accordance with the requirements of K.S.A. 10-131, as amended. All such deposits shall be continuously and adequately secured by the financial institutions holding such deposits as provided by the laws of the State. All moneys held in the Funds and Accounts shall be kept separate and apart from all other funds of the County so that there shall be no commingling of such funds with any other funds of the County. Moneys held in the funds and accounts herein created or established in conjunction with the issuance of the Bonds may be invested by the County in Permitted Investments or in other investments allowed by Kansas law in such amounts and maturing at such times as shall reasonably provide for moneys to be available when required in said accounts or funds; provided, however, that no such investment shall be made for a period extending longer than to the date when the moneys invested may be needed for the purpose for which such fund or account was created. All interest on any Permitted Investment held in any fund or account (except amounts required to be deposited in the Rebate Fund in accordance with the Arbitrage Instructions) shall accrue to and become a part of such fund or account; provided, however, that interest earned on investments of moneys held in the Project Account may, at the direction of the governing body of the County, be paid and credited to the Principal and Interest Account and used to pay interest on the Bonds. In determining the amount held in any fund or account under the provisions of the Resolution, Permitted Investments shall be valued at their par value or at their then redemption value, whichever is lower.}

^{Section 507. Nonpresentment of Bonds. If any Bond is not presented for payment when the principal thereof becomes due at Maturity, if funds sufficient to pay such Bond have been made available to the Paying Agent all liability of the County to the Owner thereof for the payment of such Bond shall forthwith cease, determine and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the Owner of such Bond, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, said Bond. If such funds shall have remained unclaimed for five (5) years after such principal or interest has become due and payable, such funds shall be paid to the County; and all liability of the Paying Agent to the owner thereof for the payment of such Bond shall forthwith cease, terminate and be completely discharged. The obligations of the Paying Agent under this Section to pay any such funds to the County shall be subject to any provisions of law applicable to the Paying Agent or to such funds providing other requirements for disposition of unclaimed property.}

^{ARTICLE VI}

^{DEFAULT AND REMEDIES}

^{Section 601. Remedies. The provisions of the Resolution, including the covenants and agreements herein contained, shall constitute a contract between the County and the Owners of the Bonds. If an Event of Default occurs and shall be continuing, the Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all Owners of Bonds similarly situated:}

^{Section 602. Limitation on Rights of Owners. The covenants and agreements of the County contained herein and in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which Bonds shall be equal rank and without preference or priority of one Bond over any other Bond in the application of the funds herein pledged to the payment of the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, date of maturity and right of prior redemption as provided in this Resolution. No one or more Owners secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Outstanding Bonds. Section 603. Remedies Cumulative. No remedy conferred herein upon the Owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the Owners of the Bonds by this Resolution may be enforced and exercised from time to time and as often as may be deemed expedient. If action or proceedings taken by any Owner on account of any default or to enforce any right or exercise any remedy has been discontinued or abandoned for any reason, or shall have been determined adversely to such Owner, then, and in every such case, the County and the Owners of the Bonds shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Owners shall continue as if no such suit, action or other proceedings had been brought or taken.}

^{ARTICLE VII}

^DEFEASANCE

^{Section 701. Defeasance. When any or all of the Bonds or scheduled interest payments thereon have been paid and discharged, then the requirements contained in this Resolution and the pledge of the County’s faith and credit hereunder and all other rights granted hereby shall terminate with respect to the Bonds or scheduled interest payments thereon so paid and discharged. Bonds or scheduled interest payments thereon shall be deemed to have been paid and discharged within the meaning of this Resolution if there has been deposited with the Paying Agent, or other commercial bank or trust company located in the State and having full trust powers, at or prior to the Stated Maturity or Redemption Date of said Bonds or the interest payments thereon, in trust for and irrevocably appropriated thereto, moneys and/or Defeasance Obligations which, together with the interest to be earned on any such Defeasance Obligations, will be sufficient for the payment of the principal of said Bonds and/or interest accrued to the Stated Maturity or Redemption Date, or if default in such payment has occurred on such date, then to the date of the tender of such payments; provided, however, that if any such Bonds are to be redeemed prior to their Stated Maturity, (1) the County has elected to redeem such Bonds, and (2) either notice of such redemption has been given, or the County has given irrevocable instructions, or shall have provided for an escrow agent to give irrevocable instructions, to the Bond Registrar to give such notice of redemption in compliance with Section 303 of this Resolution. Any money and Defeasance Obligations that at any time shall be deposited with the Paying Agent or other commercial bank or trust company by or on behalf of the County, for the purpose of paying and discharging any of the Bonds, shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank or trust company in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge thereof. All money and Defeasance Obligations deposited with the Paying Agent or such bank or trust company shall be deemed to be deposited in accordance with and subject to all of the provisions of this Resolution. Provided, however, that as long as any part of the Bonds are owned or insured by the Government, the County will not issue any additional bonds or other obligations for the purpose of providing funds to refund all or part of the Bonds unless either (i) all of the outstanding principal amount of the Bonds is paid, retired and cancelled either concurrently with the issuance of such refunding bonds or at the first interest and principal payment date for the Bonds occurring after the issuance of such refunding bonds, or (ii) consent to the issuance of such refunding bonds is given by the Government. The County will refinance the unpaid balance, in whole or in part, of the outstanding principal amount of the Bonds upon the request of the Government if, at any time, it should appear to the Government that the County is able and authorized by law to refinance the Bonds by obtaining a loan for such purposes from responsible, cooperative or private sources at reasonable rates and terms.}

 

^{On motion (05-296) of Commissioner Pichler and the second of Commissioner Moody to approve Resolution 2005-153: A RESOLUTION PRESCRIBING THE FORM AND DETAILS OF THE CRAWFORD COUNTY, KANSAS, GENERAL OBLIGATION BONDS, SERIES 2005A (SEWERS), IN THE AGGREGATE PRINCIPAL AMOUNT OF $475,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PERMANENTLY FINANCE THE COST OF THE CONSTRUCTION OF CERTAIN SANITARY SEWER IMPROVEMENTS IN THE COUNTY; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; AND PROVIDING FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS AND TAXES FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THE SAME BECOMES DUE.}

^{Yeas: Commissioners Kmiec, Moody and Pichler.}

^Nays:

^{Present but not voting:}

^{Absent or not voting:}

^{The motion prevailed.}

^{Item Three: Mr. Emerson, the County Counselor, concerning allowing the Radley Sewer District, at the request of Rural Development, to use part of the county road right of way to install a sanitary sewer line. Mr. Emerson stated that the county right of ways would be used as much as possible to avoid obtaining other easements from property owners. Mr. Pichler was answered that the county right of way would be used as much as possible. Mr. Pichler was answered that the sewer district would pay for any line vacation.}

^{On motion (05-297) of Commissioner Moody and the second of Commissioner Pichler to authorize Crawford County Sewer District No. 5 (Radley) to use County road right of way as necessary to install a sanitary sewer system.}

^{Yeas: Commissioners Kmiec, Moody and Pichler.}

^Nays:

^{Present but not voting:}

^{Absent or not voting:}

^{The motion prevailed.}

^{Mr. Pichler was answered that a contract would be drawn up at the time a vacation became necessary. Mr. Pichler was answered that the line will be tying into Frontenac. Mr. Emerson said that the grant is approved and it is now a function of waiting for the engineers.}

^{UNDER THE HEADING OLD BUSINESS}

^{OLD BUSINESS}

^{Item One: Mr. Emerson, the County Counselor concerning a lease purchase agreement between Crawford County and First National Bank of Girard for 911 Equipment. The amount of the lease purchase is $81,732.86 at an APR of 4.130%. Mr. Emerson mentioned that Mr. Gagliardo had been authorized in a previous meeting to proceed with securing bid items. The payment will be $1,507.96. Mr. Pichler was answered that the year warranty information was included in this proposal. Mr. Pichler was answered that there was no penalty for early payoff. It was added that the contract said that it would be paid over 23 months when in reality it is to be paid over 60 months.}

^{On motion (05-298) of Commissioner Pichler and the second of Commissioner Kmiec to execute an agreement between Crawford County and First National Bank of Girard for 911 Equipment at a cost of $81,732.86 at an APR of 4.130% over a period of 60 months with the amendment that the number of months be changed from 23 months to 60 months:}

^{Yeas: Commissioners Kmiec, Moody and Pichler.}

^Nays:

^{Present but not voting:}

^{Absent or not voting:}

^{The motion prevailed.}

^{Item Two: Mr. Emerson mentioned that he has spoken with both rail companies about the rail crossings and it was mentioned that the railroad would look into the crossings and he was unsure if the work had been done. Mr. Moody stated that he would check on this.}

^{Item Three: Mr. Pichler mentioned that the property owned by Mr. Vilela has not yet been cut. The Counselor said he would send another letter on the property.}

^{Item Four: Mr. Pichler mentioned that a gentleman from the company dealing with the double entry accounting system was present. Mr. John Sober mentioned that he represents Incode, a company based in Lubbock Texas. Mr. Pichler was answered that the standard procedure for a new customer is that once a signed contract is received that the process can begin. He mentioned that the county would return a questionnaire and that once the key dates are known then a schedule is worked out. He said that once a timeline is set out the county would know exactly the timeline. He mentioned that people could be on the ground in 8-12 weeks to begin the process. He mentioned that the contracts are filled in a first come first serve basis. He mentioned that in total it would be 90 days from begin to end. He answered Mr. Pichler that the program is run on all PC’s. Mr. Pichler was answered that the company has been in business since 1981 and they are owned by Tyler Industries which is TYL on the New York Stock Exchange. He said they have 1100 customers in 31 states. 99.9% of the companies who have ever signed a contract with Incode are still their customers. The company has been in the state of Kansas with Atchison as their first city. Mr. Pichler asked about training and he was answered that there were 200 hours proposed for the training on site of the county employees. Mr. Sober said that the City of Pittsburg, Baxter Springs, Chanute, Iola, Independence and Parsons all use the system now. Mr. Pichler was answered that with lines in place today all of the physical wiring should be in place today. Mr. Wilson stated that it is his hope to be up and running by January 1, 2006, but that the county cannot officially enter into this agreement until 2006. Mr. Wilson added that Incode is agreeable to accepting a letter of intent from the county to begin the process of getting a timetable set up. Mr. Sober added that if the county finds language in the contracts that is not agreeable that this can be negotiated. Mr. Sober added that it is their intent to enlist other counties as customers to go along with the many cities in Kansas that are already customers.}

^{UNDER THE HEADING FUTURE BUSINESS AND ANNOUNCEMENTS}

^{FUTURE BUSINESS}

^{Item One: September 16, 2005 -- Resolution 2005-154 concerning an error which has been made in assessing of personal property owned by GE Capital Info Tech Solutions.}

^{Item One: Mr. Moody welcomed Mike Wolownik with the Local Union 441 Plumbers and Pipefitters. He is the new local business representative.}

^{UNDER THE HEADING MOTION TO ADJOURN}

^{MOTION TO ADJOURN}

^{Item One: Adjournment}

^{On the motion of Commissioner Pichler and the second of Commissioner Moody to adjourn the September 13, 2005 meeting at 11:09 AM:}

^{Yeas: Commissioners Kmiec, Moody and Pichler}

^Nays:

^{Present but not voting:}

^{Absent or not voting:}

^{The motion prevailed.}

^{Witness my hand in the taking of these minutes and my submission of the same for the approval of the Board of Crawford County Commissioners:}

 

 

 

^{= Seal = County Clerk}

 

^{Taken RJW 9/13/2005 11:10:16 AM, Amended DPP 9/14/15 12:15 PM, amended RJW 9/14/2005 5:15:32 PM}