Regular Meeting

October 29, 2002

 

The Board of Supervisor met in Session on the above date with the following members present: O’Farrell, Peterson, Condon, Kirkberg and Chairperson Magnusson.

 

Moved by O’Farrell, seconded by Peterson to approve minutes of October 22, 2002 meeting.  Motion carried unanimously.

 

Moved by Peterson, seconded by Condon to receive and place on file the following Drainage Repairs: D.D.#16-31 Main and Branch 4;  D.D.#5 Lateral 2, 4 and 5 and D.D.#52.  Motion carried unanimously.

 

Moved by Kirkberg, seconded by O’Farrell to adopt the following Resolution to extend the Terms of the New Jobs and Income Agreement Between A.E. Staley Manufacturing Company, the Iowa Department of Economic Development and Webster County granting a one-year period starting December 12, 2002 and ending December 11, 2003

 

            A RESOLUTION TO EXTEND THE TERMS OF THE NEW JOBS AND INCOME AGREEMENT BETWEEN A.E. STALEY MANUFACTURING COMPANY,  THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENTAND WEBSTER COUNTY.

 

            WHEREAS, In 1996 A.E. Staley submitted an NJIP application to build a corn refining facility to produce high fructose corn syrup (HFCS) for the soft drink market in Mexico, and;

 

            WHEREAS, the NEW JOBS AND INCOME PROGRAM AGREEMENT # 96-16 (NJIP) was approved on December 12, 1996 by the Webster County Supervisors and the Iowa Department of  Economic Development, and;

 

            WHEREAS, the Mexican sugar industry filed an antidumping petition against US HFCS producers and Mexico subsequently applied high preliminary tariff’s on HFCS imports from the US, and;

 

            WHEREAS, the preliminary tariff’s were made permanent in 1998, and;

 

            WHEREAS, A.E. Staley and other US producers have been working through NAFTA and the World Trade Organization along with the governments of the US and Mexico to resolve these issues without success, and;

 

            WHEREAS, the NJIP Agreement #96-16 was amended November 15, 2001 so that the expiration date of the agreement was extended from December 11, 2001 to December 11, 2002, and

 

            WHEREAS, Article 5.3(a) of the NJIP Agreement #96-16 that Staley, Webster County, and IDED entered into states:  Failure to Meet Requirements.  If the Business fails to meet any of its requirements under this Agreement, the Business shall repay to the local taxing authority and the Iowa Department of Revenue and Finance (DRF) the total value of the incentives received.  The Community of DRF may exercise forbearance in connection with collection of the amounts owed to the community or DRF and elect to grant the Business a one-year period to meet its requirements under this Agreement, and;

 

            WHEREAS, Staley has not and will not fulfill the requirements of the agreement prior to December 12, 2002 when the agreement expires, and;

 

            WHEREAS, Article 5.3(a) permits the Webster County Supervisors to grant A.E. Staley a one-year period to meet the requirements of NJIP Agreement #96-16, as amended.

 

            NOW THEREFORE BE IT RESOLVED BY THE SUPERVISORS OF WEBSTER COUNTY, A.E. Staley be granted a one-year period, starting December 12, 2002 and ending December 11, 2003, to meet the requirements of NJIP Agreement #96-16, as amended.

 

Passed and approved this 29th day of October 2002.

 

Ayes:  Magnusson, Condon, Peterson, Kirkberg, O’Farrell

 

Nays:  None

 

S/Floyd A. Magnusson, Chairman                                                    S/Carol Messerly, Auditor

 

Motion carried unanimously.

Moved by Condon, seconded by Kirkberg to approve Resolution for Temporary Road Closure of Route D14 (170th Street) between Taylor and Union Avenues along north line of Section 8, Colfax Township for culvert replacement project

 

RESOLUTION FRO TEMPORARY ROAD CLOSURE

 

            WHEREAS, Section 306.41 of the Code of Iowa provides for the temporary closing of sections of roadway when necessary because of construction, and

 

            WHEREAS, the Webster County Engineer has been authorized by a previous resolution of the Webster County Board of Supervisors to execute the requirements of said Section 306.41 regarding temporary road closures, and

 

            WHEREAS, Culvert Replacement Project LC-970810-73-94 requires Route D14 (170th Street) between Taylor Avenue and Union Avenue along the North Side of Section 8, T-89N, R27W, Colfax Township to be closed to thru traffic and a detour route to be established.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Webster County Board of Supervisors that the above-described road be closed and proper signs be erected for the duration of the construction project as determined by the Webster County Engineer, and

 

            BE IT FURTHER RESOLVED, that upon completion of the construction work, as determined by the Webster County Engineer, the road shall be opened to the traveling public without further action of this Board.

 

Passed and Approved this 29th day of October, 2002.

 

S/Floyd Magnusson, Chairman

Webster County Board of Supervisors

 

Attest:

 

S/Carol Messerly

Webster County Auditor

 

Motion carried unanimously.

 

Moved and seconded the meeting adjourned.