The Fillmore County Board of Supervisors convened in open and public session at 9:00 a.m., March 14, 2006, in the Courthouse Boardroom in Geneva, Nebraska with Chairman Mueller presiding.  Members present were Cerny, Kimbrough, Yates, Capek, and Simacek.  Galusha was absent.  The County Clerk was present to record the minutes of the meeting

 

            Notice of meeting was given by publication and by broadcasting on radio station KAWL.  A copy of the affidavit of publication is on file in the County Clerk’s Office.  All proceedings hereinafter shown were taken while the convened meeting was open to the public.  The meeting adjourned at 12:25 p.m.

 

MINUTES APPROVED

 

            Mueller, Chairman of the Board declared the minutes approved as presented.

 

CLAIMS

 

            The claims were presented for payment.  The following abbreviations describe the expenditure: Equip – equipment, HDM’s – home delivered meals, Insur – insurance, Main – maintenance, Mtgs – meetings, Mile – mileage, Misc – miscellaneous, Post – postage, Pro – proceedings, Rep – repairs, Ret – retirement, Ser – services, SS – social security, Sup – supplies, Uni – uniform allowance, Uti – utilities, Wksh – workshop expense.

 

GENERAL FUND

 

 

Howard F. Ach, Atty.

Rent, Post, Sup, Wksh

$3,636.55

Alltel

Uti

251.84

Ameritas Life Insurance Corp.

Ret

2,069.88

Jon Anderson

Uni, Meals

44.61

Andrews Electric Co., Inc.

Rep

90.00

Aquila

Uti

1,994.89

Aramark Uniform Services, Inc.

Sup

258.19

Blue Valley Community Action Partnership

3rd Qtr. Share

5,000.00

William L. Burgess

Uni

35.00

Daryl L. Callenius

Uni, Meals, Fuel

93.72

Central Nebraska Refrigeration, Inc.

Rep, Ser

905.49

Century Lumber CenterGeneva

Sup

21.35

City of Geneva

Uti

117.10

Clay County Court

Ser

29.00

Conoco Phillips Fleet

Fuel

745.63

DAS Communications

Ser

350.00

Duckwalls

Sup

28.94

Eakes Office Plus

Sup, Equip

1,367.63

Earls Window Service

Ser

4.00

Evercom

Sup

75.50

Executive Copier Services

Ser

8.75

Fillmore County Court

Ser

330.00

Fillmore County Treasurer

Transfers

15,564.59

The Garbage Company

Ser

111.67

Teri Gemar

Mile, Meals, Equip

200.29

Geneva State Bank

SS

2,535.33

Geneva TV & Appliance, Inc.

Sup

23.00

Hair Works

Ser

15.00

Nancy Hansen

Meals

38.63

The Hebron Journal Register

Ad

13.75

Hilty’s of Geneva

Sup

1,252.07

Home Town Leasing

Ser

169.34

Steve A. Julich

Uni

35.00

Kalkwarf & Smith Law Offices, LLC

Ser, Post, Sup

2,523.05

Kerry’s Auto Repair & Service

Rep

30.01

Knoche Appraisal & Consulting, LLC

Ser, Mile

2,280.00

Stephen J. Kraviec

Ser, Post

1,569.15

Lease Consultants Corp.

Ser

249.00

Lorman Education Services

Wksh

279.00

Mid – American Research Chemical Corp.

Sup

448.64

Midwest Radar & Equipment, Inc.

Sup

152.25

MIPS, Inc.

Ser

1,910.55

Rich Mueller/Tom Biegert

Rent

625.00

Nebraska Fire Sprinkler Corp.

Ser

365.00

Nebraska National Bank

Ser

187.59

Nebraska Public Power Dist.

Uti

867.25

The Nebraska Signal

Ads, Proc, Sup

1,098.76

Nebraska Technology & Telecommunications, Inc.

Uti

1,196.73

Nelson Petroleum Co.

Fuel

890.33

Platte Valley Communications

Sup

34.47

Quinlan Publishing Group

Subscription

154.85

Red Willow County Court

Ser

2.75

Steven G. Roemmich

Uni

35.00

Secretary of State Rules & Regulations

Ser

20.00

State of Nebraska Dept. Correctional Services

Boarding Prisoners

5,393.41

State of Nebraska HHS Laboratory

Ser

75.00

Tisha Templin

Mile

23.14

Thayer County Court

Ser

1.50

Brandy VanDeWalle

Mile

261.66

Weaver Pharmacy

Sup

2,639.54

Williams Exterminating, Inc.

Ser

110.00

York News Times

Ad

64.90

Payroll

Salaries

35,400.78

 

 

 

ROAD / BRIDGE FUND

 

 

Alltel

Uti

68.88

Action Auto Supply

Parts, Sup

76.48

Ameritas Life Insurance Corp.

Ret

1,514.51

Andrews Electric Co., Inc.

Sup

1,475.12

Aquila

Uti

876.89

Auto Value Parts Stores

Parts, Sup

738.15

Business World Products

Ser

29.25

Century Lumber

Parts, Sup

1,047.08

City of Geneva

Uti

50.70

Conoco Phillips Fleet

Fuel

1,680.48

Dorchester Farmers Coop

Fuel, Sup

2,373.77

Drummond American

Sup

139.83

Exeter Lumber Co.

Sup

53.40

Fillmore County Hospital

Ser

30.00

Filter Care of Nebraska

Parts

53.35

Friesen Chevrolet, Inc.

Parts

25.81

The Garbage Company

Uti

53.78

Geneva Engineering

Ser

11,000.00

Geneva Implement Co., Inc.

Parts

384.50

Geneva State Bank

SS

1,742.13

Geneva Welding & Supply

Rep, Parts, Equip

1,064.11

Grafton Oil

Fuel, Sup

1,656.84

Lichti Oil

Fuel

1,041.27

Marlborough

Sup

20.00

Michl Service

Fuel

186.00

Nebraska Machinery

Parts, Sup

1,270.77

Nebraska Public Power

Uti

256.16

The Nebraska Signal

Ads

63.34

Nebraska Tech & Telecomm., Inc.

Uti

113.05

Nelson Petroleum

Fuel, Parts

1,047.29

Nichols Construction

Gravel

17,302.65

Nick’s Farm Store Co.

Rep

52.83

Perennial Public Power

Uti

879.29

Platte Valley Communications

Rep

229.50

R & D Parts, LLC

Parts, Sup

313.83

Ralph’s Geneva Tire & Service Center

Sup, Rep

500.29

Road Builders

Parts

55.40

Donna Saltzman

Ser

25.00

Speece Lewis Engineers

Ser

2,368.65

Stan’s Recycle & Salvage

Sup

100.00

Superior Deshler, Inc.

Fuel

49.75

Texaco/Shell

Fuel

45.10

USIS Commercial Services, Inc.

Ser

59.80

Village of Exeter

Uti

15.00

Village of Fairmont

Uti

41.73

Payroll

Salaries

23,957.36

 

 

 

MEDICAL / RELIEF FUND

 

 

Bryan LGH Medical Center

Ser

26.59

Lauber Funeral Service, Inc.

Ser

1,175.00

York Medical Clinic

Ser

24.73

 

 

 

SENIOR SERVICES FUND

 

 

Ameritas Life Insurance Corp.

Ret

128.47

Dawg’s Smokehouse Café

HDM

270.00

Exeter Care Center

HDM

157.50

Fillmore County Rural Transit

Mile

30.00

Geneva Senior Center

Rent, Sup

176.58

Geneva State Bank

SS

162.79

Susan Kerl

Ser

132.00

Nancy Kohler

Mile

194.02

Jeannine Krejci

Ser

132.00

Elizabeth Mattox Manning

Ser

108.00

Pioneer Publishing

Ad

6.00

Ron’s Tavern

HDM

160.00

Rhonda Stokebrand

Mile

9.02

JoAnn Vavra

Ser

65.00

Payroll

Salaries

2,161.17

 

 

 

INHERITANCE TAX FUND

 

 

Andrews Electric Co., Inc.

Ser

481.67

Fillmore County Treasurer

Transfer

150,000.00

 

 

 

NOXIOUS WEED FUND

 

 

Ace Agri Supply

Sup

77.55

Alltel

Uti

39.26

Ameritas Life Insurance Corp.

Ret

75.73

Central Community College

Wksh

85.00

Merlin Ehmen

Rent

220.00

Geneva State Bank

SS

85.83

Grafton Mini Mart

Fuel

67.15

Platte Valley Communications

Sup

123.60

Payroll

Salaries

1,121.95

 

 

 

E911 COMMUNICATIONS CENTER FUND

 

 

Alltel

Ser

25.00

Alltel

Ser

1,061.84

 

CLAIMS APPROVED

 

            Capek moved and Kimbrough seconded the motion to approve the claims as presented.  Upon roll call, the vote was as follows:

 

Ayes: Simacek, Kimbrough, Cerny, Mueller, and Capek

Nays: None                   Abstaining due to conflict of interest: Yates

 

            The Chairman declared the motion carried.

 

REPORTS

 

            The January 2006 reports for the Fillmore County Rural Transit, and Fillmore County Hospital Governing Board were reviewed and ordered placed on file in the Clerk’s office.

 

            The following is a synopsis of the January minutes of the Fillmore County Hospital Governing Board:

 

                The Fillmore County Hospital Governing Board met on January 19, 2006 at 4:05 p.m. in the hospital conference room with Chairman Kotas presiding.  Members present were Nelson, Kudlacek, Johnson, Marget, and Eichelberger.  Also present was Jeanne Ackland.

 

                The minutes of the December meeting were accepted as presented.

 

                The hospital data and financial reports, check register listings were presented.  After discussion, it was moved and seconded to accept the report as presented.

 

                Totals of the specialty clinic for December 2005 are 313 compared to 322 in 2004.

 

                As there was no other business to come before the Board, it was moved and seconded that the meeting adjourn until February 16, 2006 in the hospital conference room.

 

                                ###                                       ###                                       ###                                       ###

 

FEE REPORTS

 

            Yates moved and Cerny seconded the motion to approve the following fee reports for February 2006:

 

County Clerk: $5,602.31 (State share $2,815.14 & County Share $2,787.17)

Clerk of District Court: $785.60                           Sheriff: $2,735.67

 

            Upon roll call, the vote was as follows:

 

Ayes: Simacek, Kimbrough, Cerny, Mueller, Capek, and Yates

Nays: None

 

            The Chairman declared the motion carried.

 

COURTHOUSE BROCHURES

 

            After discussion, Cerny moved and Kimbrough seconded the motion to order 5,000 brochures of the courthouse from the Nebraska Signal for $1,245.50.  Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Cerny, Mueller, Yates, and Simacek

Nays: None                   Absent: Capek

 

            The Chairman declared the motion carried.

 

DRIVEWAY PERMITS

 

            Simacek moved and Yates seconded the motion to approve the following driveway permits:

 

            Paul Bettger – install a new 40’ driveway on the south side of the SW ¼, Section 21-8-2, Fairmont Township;

            Rick Reinsch – install a new 30’ – 40’ driveway on the south side of the SE ¼, Section 22-6-3, Stanton Township;

            D’C & O’C, Inc. – install a new 26’ – 28’ driveway in the NW ¼, Section 8-8-3, West Blue Township;

            Garrison Farms, Inc. – to widen an existing driveway to 40’ on the south side of the SE ¼, Section 24-6-2, Chelsea Township.

 

            Upon roll call, the vote was as follows:

 

Ayes: Cerny, Mueller, Capek, Yates, Simacek, and Kimbrough

Nays: None

 

            The Chairman declared the motion carried.

 

DITCH CLEANING PERMIT

 

            Kimbrough moved and Capek seconded the motion to approve the following application for a permit to clean silt from a road ditch:

 

            Lyle & Steve Heinrichs – to clean silt from the road ditch adjoining the east side of the NE ¼ and the E ½ of the SE ¼, Section 14-6-4, Momence Township.

 

            Upon roll call, the vote was as follows:

 

Ayes: Mueller, Capek, Yates, Simacek, Kimbrough, and Cerny

Nays: None

 

            The Chairman declared the motion carried.

 

STOP SIGN

 

            Kimbrough moved and Simacek seconded the introduction of the following resolution:

 

RESOLUTION 2006-13

 

In accordance with the standards set forth in the Manual for Uniform Traffic Control Devices, as from time to time amended, and

 

            WHEREAS, it is in the best interest of Fillmore County, Nebraska, to establish and maintain proper consistent highway signing in conformity with said manual,

 

            The Fillmore County Highway Department therefore requests formal approval to place, erect, and maintain traffic control devices on Fillmore County Roads at the following locations:

 

                        TYPE OF DEVICE                                                         LOCATION

 

     STOP sign                                       at the intersection of County Roads G and 12, sign to                             be placed on Road G to stop west-bound traffic

 

            NOW THEREFORE be it resolved by the Fillmore County Board of Supervisors that this resolution is approved this 14th day of March, 2006.

 

            Upon roll call, the vote was as follows:

 

Ayes: Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller

Nays: None

 

            The Chairman declared the resolution adopted.

 

HAZARD MARKERS FOR BRIDGES

 

            After discussion, Yates moved and Cerny seconded the motion to apply for a grant to purchase steel hazard markers for all bridges in Fillmore County.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Simacek, Kimbrough, Cerny, and Mueller

Nays: Capek

 

            The Chairman declared the motion carried.

 

GRAVEL BIDS

 

            Bids for gravel were opened at 10:00 a.m.  The following bids were received (bids were given per township):

 

REGULAR ROAD GRAVEL

Beatrice Concrete Co.: Belle Prairie - $8.67, Franklin – 8.37, Glengary – 8.97, Liberty – 9.67, and Stockpile – 6.30

            Callaway Sons & Daughters: Bryant - $7.98, Hamilton – 7.49, Momence – 8.10, Stanton – 7.79, and Stockpile – 6.25

            Nichols Sand & Gravel: Belle Prairie - $7.69, Bennett – 8.83, Bryant – 7.69, Chelsea – 8.61, Exeter – 9.17, Fairmont – 7.40, Franklin – 7.60, Geneva – 8.90, Glengary – 7.94, Grafton – 9.14, Hamilton – 7.79, Liberty – 7.99, Madison – 8.57, Momence – 8.14, Stanton – 7.79, West Blue – 8.69, and Stockpile – 6.00

            Overland Sand & Gravel: Belle Prairie – 10.56, Bennett – 10.56, Bryant – 12.01, Chelsea – 9.85, Exeter – 8.76, Fairmont – 7.85, Franklin – 10.12, Geneva – 9.35, Glengary – 9.71, Grafton – 9.35, Hamilton – 11.38, Liberty – 8.35, Madison – 8.60, Momence – 11.38, Stanton – 10.56, West Blue – 8.60, and Stockpile – 6.35

 

COARSE ROAD GRAVEL

            Callaway Sons & Daughters: Bryant - $8.23, Hamilton – 7.74, Momence – 8.35, Stanton – 8.09, and Stockpile – 6.35

            Nichols Sand & Gravel: Belle Prairie - $10.19. Bennett – 11.33, Bryant – 10.19, Chelsea – 10.11, Exeter – 11.67, Fairmont – 9.90, Franklin – 10.10, Geneva – 11.40, Glengary – 10.44, Grafton – 11.64, Hamilton – 10.29, Liberty – 10.49, Madison – 11.07, Momence – 10.64, Stanton – 10.29, West Blue – 11.19, and Stockpile – 8.50

            Overland Sand & Gravel: Bennett - $10.75, Chelsea – 12.50, Exeter – 11.75, Fairmont – 11.00, Geneva – 11.50, Glengary – 13.25, Grafton – 9.75, Liberty – 12.50, Madison – 11.75, Momence – 11.13, Stanton – 11.88, West Blue – 11.00, and Stockpile – 4.25

 

GRAVEL LETTING

 

            After discussion, Kimbrough moved and Simacek seconded the motion to accept all bids, awarding each township to the lowest bidder, if lowest bidder can not fulfill the need, then will purchase from the seconded lowest bidder.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Simacek, Kimbrough, Cerny, Mueller, and Capek

Nays: None

 

            The Chairman declared the motion carried.

 

RURAL TRANSIT SERVICE FUNDING

 

            Jane Cronk, Director of Fillmore County Rural Transit informed the Board the budget for 2006-2007 would be $79,377.00 with the County’s share at $15,368.00.

           

            After discussion, Cerny moved and Kimbrough seconded the introduction of the following resolution:

 

RESOLUTION 2006-14

 

            WHEREAS, There are federal funds available under Section 5311 of the Federal Transit Act (FTA), and for Nebraska Public Transportation Act funds, and

 

            WHEREAS, Fillmore County desires to apply for said funds to be used to provide public transportation in Fillmore County with special emphasis on meeting the needs of the elderly and disabled in Fillmore County.

 

            NOW THEREFORE, BE IT RESOLVED; that the Fillmore County Board of Supervisors hereby instruct the Fillmore County Clerk to apply for the above mentioned funds.  Said funds are to be used for Fiscal Year 2006-2007.

 

            Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Cerny, Mueller, Capek, and Yates

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the resolution adopted.

 

CONTRACT WITH BLUE VALLEY COMMUNITY ACTION

 

            Capek moved and Yates seconded the motion to approve the contract with Blue Valley Community Action for the period beginning July 1, 2006 and ending June 30, 2007.  Upon roll call, the vote was as follows:

 

Ayes: Kimbrough, Cerny, Mueller, Capek, and Yates

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the motion carried.

 

PUBLIC TRANSPORTATION ASSISTANCE

 

            After discussion, Yates moved and Cerny seconded the motion to apply for Federal and State Public Transportation Assistance for the Fillmore County Rural Transit Service.  Federal funds applying for are $36,861.00 and State funds applying for are $15,463.00.  Upon roll call, the vote was as follows:

 

Ayes: Cerny, Mueller, Capek, Yates, and Kimbrough

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the motion carried.

 

FEDERAL CERTIFICATIONS AND ASSURANCES

 

            After discussion, Cerny moved and Kimbrough seconded the motion to approve the 2006 Federal Certifications and Assurance for the Federal Transit Authority.  Upon roll call, the vote was as follows:

 

Ayes: Mueller, Capek, Yates, Kimbrough, and Cerny

Nays: None                   Abstaining due to conflict of interest: Simacek

 

            The Chairman declared the motion carried.

 

SUBORDINATE EXEMPT FACILITIES REVENUE BONDS

 

            F. William Schellpeper III from Rembolt Ludtke, LLP and Troy Otte from Advanced BioEngery were present to request final approval of the Subordinate Exempt Facilities Revenue Bonds, Series 2006A. 

 

            After discussion, Kimbrough moved and Capek seconded the introduction of the following resolution:

 

RESOLUTION 2006-15

 

A RESOLUTION AUTHORIZING THE ISSUANCE OF $7,000,000 COUNTY OF FILLMORE,

STATE OF NEBRASKA, SUBORDINATE EXEMPT FACILITIES REVENUE BONDS, SERIES

2006A (ADVANCED BIOENERGY, LLC ETHANOL PROJECT) WITH THE PROCEEDS TO BE USED

TO FINANCE (1) ACQUISITION, CONSTRUCTION, INSTALLATION, IMPROVEMENT AND EQUIPPING

OF CERTAIN QUALIFIED SOLID WASTE DISPOSAL FACILITIES MEETING THE REQUIREMENTS OF

SECTION 142 OF THE INTERNAL REVENUE CODE OF 1986, (II) FINDING OF A CAPITALIZED INTEREST FUND, (III) FUNDING OF A DEBT SERVICE RESERVE FUND, AND (IV) THE COSTS OF ISSUANCE; APPROVING AND AUTHORIZING EXECUTION OF A LOAN AND TRUST AGREEMENT, BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS; MAKING FINDINGS AND DETERMINATIONS WITH REFERENCE TO THE BONDS; AUTHORIZING THE SALE AND DELIVERY OF THE BONDS; PROVIDING THAT THE INVALIDITY OF ANY PART OF THIS RESOLUTION SHALL NOT AFFECT THE REMAINDER; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; REPEALING ALL RESOLUTION OR PORTIONS THEREOF IN CONFLICT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE OF THIS RESOLUTION.

 

            WHEREAS, the County of Fillmore, Nebraska (the “County”) is a duly organized and existing county under the Constitution and laws of the State of Nebraska (the “State”); and

           

            WHEREAS, the County is authorized by Neb. Rev. Stat. §13-1101 et seq., as amended (the “Act”), to issue, sell, and deliver its revenue bonds and to use the proceeds thereof for the purpose of financing manufacturing facilities and to secure payment of such revenue bonds as therein provided, all in accordance with the provisions of the Act; and

 

            WHEREAS, the need for increased economic activity and increased tax base exists in the County of Fillmore, Nebraska, and the County desires to cause to be provided manufacturing facilities in the County; and

 

            WHEREAS, the County is authorized and empowered by law, including the Act, to issue obligations and to provide funds to enable acquisition, construction and equipping of manufacturing facilities; and

 

            WHEREAS, the County has deemed it necessary and advisable for the promotion of the public health, welfare, safety, convenience and prosperity of the citizens of the State of Nebraska, and in order to stimulate increased economic activity and increased tax base to issue bonds for such purposes; and

 

            WHEREAS, Advanced BioEnergy, L. L. C. (the “Company”), has requested that the County issue revenue bonds and use the proceeds thereof to finance a portion of (i) the acquisition, construction, installation, improvement, and equipping of certain qualified solid waste disposal facilities meeting the requirements of Section 142 of the Code (the “Project”); (ii) funding of a capitalized interest fund; (iii) funding of a debt service reserve fund; and (iv) costs of issuance; and

 

            WHEREAS, the County has agreed to issue its Subordinate Exempt Facilities Revenue Bonds, Series 2006A (Advanced BioEnergy, LLC Ethanol Plant Project) in the principal amount of $7,000,000 (the “Bonds”) for such purpose and to issue, sell and deliver the Bonds to Oppenheimer & Co., Inc. (the “Underwriter”), and there have been prepared in connection with such financing, issuance, sale and delivery of the Bonds the following documents which have been presented to the County of this date:

 

1.       The form of the Loan and Trust Agreement (the “Agreement”) among the County, Wells Fargo Bank, N.A., as Trustee (“Trustee”) and the Company;

2.       The form of the Bonds as set forth in the Agreement;

3.       The Preliminary Official Statement describing the financing and the Project (the “Preliminary Official Statement”); and

4.       The form of the Bond Purchase Agreement (the “Bond Purchase Agreement”) among the County, the Underwriter, and the Company.

 

WHEREAS, it appears that each of the instruments above referred to, which are now before the Board of Supervisors of the County, is in appropriate form and is an appropriate instrument for the purposes intended;

 

            NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FILLMORE, AS FOLLOWS:

 

ARTICLE 1

 

LEGAL AUTHORIZATION; FUNDINGS

 

            Section 1.01.     Legal Authorization.  The County is a political subdivision existing under the Constitution and laws of the State and is authorized under the Act to issue and sell its revenue bonds in the form of one or more debt instruments such as the Bonds for the purpose, in the manner and upon the terms and conditions set forth in the Act, in this Resolution and in the Agreement.

 

            Section 1.02.     Findings.  The County has heretofore determined, and does hereby determine as follows:

 

(a)                 The issuance of the Bonds will effectuate the public purposes of the County and carry out the purposes of the Act by, among other things, increasing economic activity and the tax base in the County, as evidenced by, and based upon the representations made by the Company in, its request to the County seeking the financing through the issuance of the Bonds.

(b)                The Bonds, when issued, will be limited obligations of the County payable solely from the secured by the revenues, receipts and security pledged pursuant to the Agreement and the Security Documents and shall not be a general liability of the County or a charge against its general credit.

(c)                 The Bonds will be secured by a Subordinate Deed of Trust and Construction Security Agreement.  Payment of the debt service on the Bonds will be subordinate to senior financing.

(d)                The Bonds will not and shall never constitute a debt, liability or general obligation of the State of Nebraska, the County, or any political subdivision, agency, or instrumentality thereof, nor will the faith and credit or the taxing power of the State of Nebraska, the County, or any other political subdivision, agency, or instrumentality be pledged to the payment of the principal of or interest on the Bonds.

(e)                 At a public hearing, duly noticed and held on January 11, 2006, in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project and interested persons were given the opportunity to submit written comments to the County before the time of the hearing.

 

ARTICLE II

 

AUTHORIZATION OF BONDS AND DOCUMENTS

 

            Section 2.01.     Issuance of the Bonds: Terms of the Bonds.  For the purpose of acquiring any real or personal property necessary or incidental to a redevelopment project and to improve any such project, the County hereby authorized the issuance of $7,000,000 aggregate principal amount of County of Fillmore, Nebraska, Subordinate Exempt Facilities Revenue Bonds, Series 2006A (Advanced BioEnergy, LLC Ethanol Plant Project) (the “Bonds”).  The Bonds shall be dated the date of delivery, bear interest at a rate or rates not to exceed 9%, and mature no later than December 1, 2020.  The County shall use the proceeds of the Bonds as provided in the Agreement.

 

                        Each of the Bonds shall be executed by the manual or facsimile signatures of the Chair of the County, the County Clerk, and the Chair and County Clerk are each hereby severally authorized to execute, seal and attest and deliver the Bonds for and on behalf of the County.  Any such signature may be a manual signature or may be by facsimile, provided that the Registrar (as identified in this Resolution) shall manually authenticate each Bond.

 

                        The County is issuing the Bonds pursuant to Section 142(a)(6) of the Internal Revenue Code of 1986.

 

            Section 2.02.     Sale and Delivery of Bonds.  The County hereby authorizes, approves and directs the sale of the Bonds and delivery of the Purchaser at a price, excluding Underwriter’s compensation, of not less than 98% of the principal amount of the Bonds, and with Underwriter’s compensation not to exceed $210,000.00.  All fees and expenses related to the issuance of the Bonds shall be paid by the Company.

 

            Section 2.03.     Approval and Authorization of Documents.  The Agreement, the Bond Purchase Agreement, the Bonds, and the Preliminary Official Statement are in all respects hereby approved, authorized, ratified and confirmed, and the Chair and County Clerk are each separately and individually hereby authorized and directed to execute, seal and deliver, for and on behalf of the County, the Agreement, the Bond Purchase Agreement, and the Bonds in substantially the form and content as presented to the County on this date, but with such changes, modifications, additions, and deletions therein as, in each case, shall, to the person signing such document, deem necessary, desirable or appropriate, his or her execution thereof to constitute conclusive evidence of his or her approval of any and all changes, modifications, additions, and deletions from the form thereof as presented to this meeting.

 

            Section 2.04.     Authority to Execute and Deliver Additional Documents.  The Chair and County Clerk are each severally hereby authorized to execute and deliver for and on behalf of the County any and all additional certificates, documents, and other papers and to perform all other acts as the party signing may deem necessary or appropriate to implement and carry out the purposes and intent of this Resolution, including the preamble hereto.

 

            Section 2.05.     Fully Registered Bonds; Designation of Paying Agent.  The Bonds shall be issued as fully registered Bonds.  The Trustee is hereby designated Paying Agent and Registrar for the Bonds.  The Registrar shall fully register, on the registration books of the County to be maintained by the Registrar, each of the Bonds issued hereunder in the name of the owner.  The registration books shall be kept for that purpose at the principal corporate trust office of the Registrar.  No transfer of a Bond shall at any time be valid unless it is made in accordance with the Agreement.

 

            Section 2.06.     Official Statement.  The use and distribution of the Preliminary Official Statement in connection with the issuance and sale of the Bonds is hereby authorized and any such prior use is hereby ratified and confirmed.  The use and distribution of an Official Statement substantially in the form of the Preliminary Official Statement when prepared is hereby authorized.  The Chari and/or the County Clerk are hereby authorized to, pursuant to Securities and Exchange Commission Rule 15c2-12 as to the “deemed final” nature of any Official Statement, make such determination.

 

ARTICLE III

 

MISCELLANEOUS

 

            Section 3.01.     Limitation of Rights.  With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Bond Resolution or the Bonds is intended or shall be construed to give to any person, other than the County, the Underwriter and the Trustee, any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions, and provisions herein contained; this Resolution and all of the covenants, conditions, and provisions hereof being intended to be and being for the sole and exclusive benefit of the County, the Underwriter and the Trustee as herein provided.

 

            Section 3.02.     Severablilty.  If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.

 

            Section 3.03.     Immunity of Officers.  No recourse for the payment of any part of the principal of, premium, if any, or interest on the Bonds for the satisfaction of any liability arising from, founded upon or existing by reason of the issue, purchase or ownership of the Bonds shall be had against any official, officer, member or agent of the County or the State, all such liability to be expressly released and waived as a condition of and as a part of the consideration for the issue, sale, and purchase of the Bonds.

 

            Section 3.04.     Prior Resolutions.  All provisions of prior resolutions, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflicts, hereby repealed.

 

            Section 3.05.     Effective Date.  This Resolution shall be in full force and effect immediately upon its passage and approval.

 

            Section 3.06.     Captions.  The captions or headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution.

 

            Section 3.07.     Validity of Bonds.  Each Bond shall contain a recital that such Bond is issued pursuant to and under the Act, and such recital shall be conclusive evidence of its validity and of the regularity of its issuance.

 

            Upon roll call, the vote was as follows:

 

Ayes: Capek, Yates, Simacek, Kimbrough, and Mueller

Nays: None                   Abstaining due to conflict of interest: Cerny

 

            The Chairman declared the resolution adopted.

 

AGREEMENT WITH AQUILA

 

            After discussion, Kimbrough moved and Yates seconded the motion to approve and sign agreement with Aquila to have a fixed price of $1.12 beginning with the May 2006 invoice and ending on the April 2007 invoice for the Health & Human Services and Veteran’s office.  Upon roll call, the vote was as follows:

 

Ayes: Capek, Yates, Simacek, Kimbrough, Cerny, and Mueller

Nays: None

 

            The Chairman declared the motion carried.

 

FLOOD PLAIN PERMIT

 

            Planning and Zoning Administrator, Gerald Slezak presented an application for a Floodplain Development Permit to drill an irrigation well, located in the NW ¼, Section 21-7-3, Geneva Township.

 

            After discussion, Simacek moved and Cerny seconded the motion to approve the application for the Floodplain Development Permit to drill an irrigation well in the NW ¼ of Section 21-7-3, Geneva Township.  Upon roll call, the vote was as follows:

 

Ayes: Yates, Simacek, Kimbrough, Cerny, Mueller, and Capek

Nays: None

 

            The Chairman declared the motion carried.

 

ADJOURNMENT

 

            Agenda items “4-Day Work Week and discussion on Direct Deposits” were tabled until the next Board meeting.  As there were no other items to come before the Board, the Chairman declared the meeting adjourned until 9:00 a.m. on March 28, 2006.

 

______________________________________                  _____________________________________________

Attest                                                                           Chairman