Proceedings: City of Martin 5-9-18

Proceedings

Regular Session

Wednesday, May 9, 2018

The Martin City Council met in Regular Session on Wednesday, May 9, 2018 at 5:30 p.m. in the city office at 101 Main Street.

Mayor Gary Rayhill called the meeting to order with council members Gregg Claussen, Tootie Moffitt, Walter York, Angie Hicks, Chuck Gotheridge, and Shirley McCue present. Absent, none.

Others present were, Janet Speidel, Aris Fanning, Kyle Trunwall with KJ’s Pit Stop, Marj Oleske, with the Bennett County Booster, Police Chief Brandon Petersen, Foreman Paul Noel, City Attorney Sara Frankenstein, and Finance Officer Jean Kirk.

Approval of Agenda: York moved to approve the agenda with flexibility. Hicks seconded the motion. All in favor, motion carried. 

Minutes: McCue moved to approve the minutes of the April 11th meeting. Moffitt seconded the motion, all voting aye, motion carried. 

Finance Officer’s Report: Hicks moved approve the Finance officer’s report for April. Seconded by McCue, all voting aye, motion carried. 

Beginning Balance On Hand $2,067,882; April Receipts 140,788; Total to be accounted for 2,208,670; Transfer In 11,667; Transfer Out 11,667; Disbursements 154,699; Outstanding Warrants 19,003; CD & Petty Cash 16,586.18

Claims May 2018: The claims were reviewed by the council. McCue moved to pay all the May claims. Seconded by Moffitt, all voting aye, motion carried. 

April Wages, General Fund, $29,519.40; April Wages, Enterprise fund, $7,866.08; April withholdings, wage withholdings, $7,670.42; Office of Child Support, child support, $46.15; Aflac, insurance, $477.57; Assurity Life, insurance, $18.10; SD Retirement, retirement, $3,877.04; City of Martin, water bill, $319.13; Health Pool of South Dakota, health insurance, $4,191.60; Marco, copier lease, $195.10; AT&T Mobility, cell phones, $131.82; Paul Noel, meals for airport conference, $75.90; City of Martin Savings, savings, $9,700.39; Bob’s Gas, propane for pool, $1,361.16; Butler Machine, maintenance on bobcat, $1,682.22; Hawkins, cylinder rental & water repairs, $245.73; City of Martin, water bills, $199.12; Kratovils True Value, supplies, $370.39; Drobny Construction, work done at museum, $178.50; Martin Auto Parts, parts & supplies, $472.58; Martin Auto Parts, battery for siren, $54.59; Lacreek Electric, electric bill, $6,823.45; General Store, supplies,, $206.57; Great Western Tire, new tires for bobcat and trucks, $2,006.67; Jean Kirk, mileage and meal for workshop, $113.05; Jenner Equipment, parts & cutting blades for bobcat, $428.25; Postmaster, postage for bills & billing, $140.00; BC Booster, publications & ads, $413.27; Rosane Cement Products, retaining wall at shop & water repair, $4,648.94; SD Dept of Revenue, garbage tax, $405.04; SD Dept of Revenue, water tests, $64.00; Servall, mats & rugs for office & police, $131.35; City Special Account, reimbursement license plate for new fire truck, $21.20; Golden West Telecommunications, phone & internet, $719.99; High Plains Animal Clinic, dog pound, $111.00; Diesel Machinery Inc, excavator rental, $1,658.33; Warne Chemical, grass seed & weed spray, $1,898.25; Kadrmas Lee & Jackson, Water improvement project, $4,388.71; Kadrmas Lee & Jackson, airport master plan, $20,540.00; OST Energy, WAPA credits, $314.11; Western Communications, emergency sirens repairs, $140.25; Dale’s Tire & Retreading, repair flat tires, $75.26; Gunderson Palmer Goodsell & Nelson, attorney fees, $1,058.35; Voyager Fleet System, fuel for vehicles, $1,623.70; Salomon Sanitation, garbage service, $7,086.20; AT&T Mobility, air cards for cops, $126.24; Power House, chain saw blades, $28.00; Pool & Spa Center, new skimmer for pool, $3,146.05; Brandon Petersen, meals for conference, $61.25; Keep it Safe, offsite back up, $71.40; Productivity Plus, water & sewer supplies, $137.40; Bair’s Automotive, maintenance on cop cars, $205.42; Total $123,668.93

York moved to approve the donation of BBB funds to the following; Martin Chamber of Commerce $1500, Martin Addcition Recovery Center $2500, and Bennett County Senior Citizens $2500. Moffitt seconded the motion. All voting aye, motion carried.

Law: There were 217 total events for April with 88 calls for service and 14 arrests, four of those being felony arrests. Hicks moved to go into executive session concerning personnel (SDCL 1-25-2.1) with Mayor, Council, City Attorney, Finance Officer, and Chief of Police. McCue seconded the motion. Into executive session at 6:00 p.m. Out of executive session at 6:05. No action taken.

Poppy Day Proclamation: Mayor Gary Rayhill proclaimed May 25, 2018 National Poppy Day to honor all who have died in service to our country and also showing support for living veterans, service members and their families. After signing the proclamation Ms Aris Fanning gave everybody a poppy to wear.

Liquor License Bids: Only one bid was received for the city’s package liquor license and that was from KJ”s Pit Stop. Mr. Turnwall had two different options on his bid. After reviewing the bid York moved to accept option one. McCue seconded the motion, all voting aye, motion carried. City Attorney Sara Frankenstein will draw up a new operating agreement and send it to Mr. Turnwall.

Extend Free Clean Up: Because of all the bad weather in April McCue moved to extend free clean up through the month of May. Hicks seconded the motion, all voting aye, motion carried.

Cold Mix Bids: Simon Company submitted the only bids for the cold mix and oil. McCue moved to accept the bid of $105 a ton for the cold mix and $459 an ton for the emulsified asphalt. Hicks seconded the motion, all voting aye, motion carried.

Cold Mix Hauling Bids: Brent Weber Livestock and Ceplecha Trucking submitted bids for hauling the cold mix. York moved to accept the bid from Brent Weber Trucking of .149 per ton mile. Gotheridge seconded the motion. Voting aye McCue, York, Gotheridge, Moffitt, and Hicks. Voting nay, none. Abstaining, Claussen, motion carried.

Mueller Hangar: Foreman Noel informed the Council that Frank Mueller has offered to sell his hangar to the city for $6000. McCue moved to purchase the hangar from Muellers for $6000.00. Gotheridge seconded the motion, all voting aye, motion carried.

Fire Department Storm Sewer: Discussion was held on the storm sewer at the fire hall. Foreman Noel explained to the Council that he would not have time this summer to put in the storm sewer in this summer because of all the fact that he is short handed and they will also be really busy with the two construction projects going on in town.

Adjournment: As there was no further business to come before the retiring council a motion to adjourn was entered by Hicks.

Mayor Rayhill called the City Council meeting to order. Oath of office was given to Chuck Gotheridge, Council Member Ward I for a two year term. Angie Hicks for a two year term for Ward II.

Mayor Rayhill appointed Gregg Claussen to a one year term for Council Member Ward III. Gotheridge moved to approve Mayor Rayhill’s appointment. McCue seconded the motion. Voting aye, Hicks, McCue, York, Moffitt and Gotheridge. Motion carried.

Election of Council President: A motion was entered by Moffitt and seconded by Hicks to nominate Walter York as Council President. As no other nominations were made the council voted. All voting aye, motion carried.

Election of Council Vice President: A motion was entered by McCue and seconded by Hicks to nominate Cecilia Moffitt as Council Vice President. As no other nominations were made the council voted. All voting aye, motion carried.

Committee assignments: Audit and Finance; Shirley McCue and Tootie Moffitt. Airport; Chuck Gotheridge, Tootie Moffitt and Gary Rayhill. City Improvement; Shirley McCue and Gregg Claussen. Economic Development: Angela Hicks, Tootie Moffitt and Gary Rayhill. Hodson Park; Shirley McCue and Gary Rayhill, Herb Hodson and Clarence Allen. Law Grievance, Enforcement, and Fire; Walter York, Gregg Claussen, and Angela Hicks. Liquor and Dakota; Chuck Gotheridge and Gary Rayhill. Parks and Recreation; Walter York and Gary Rayhill. Wage and Personnel Angela Hicks and Walter York. Utilities (water, sewer) Walter York, and Chuck Gotheridge. Street and Alleys; Angela Hicks and Gregg Claussen. Ordinances and Building permits; Shirley McCue, Angela Hicks and Gregg Claussen. Health Sanitation, and Recycling; Walter York and Chuck Gotheridge. Board of Appeals; City Council. Heritage Center; Shirley McCue, Tootie Moffitt and Joyce Wilson. Code Enforcement; Gary Rayhill, Tootie Moffitt and Chuck Gotheridge. Building, Health, and Sanitation Offical; Jason Bustin and Hanna Brown. Hicks moved to approve committee assignments with a second by Moffitt. All voting aye, motion carried

Official Depository: McCue moved with a second by Moffitt to designate Security First Bank the Official Depository for the City of Martin. All voting aye, motion carried.

Official Newspaper: McCue moved with a seconded by Moffitt to designate the Bennett County Booster as the Official Newspaper of the City of Martin. All voting aye, motion carried.

City Attorney: Mayor Rayhill appointed Sara Frankenstein city attorney. McCue moved to approve the appointment with a second by Moffitt. All voting aye, motion carried.

Resolution 2018-1: A motion was entered by McCue and seconded by York to approve Resolution 2018-1. All voting aye, motion carried.

RESOLUTION #2018-1

BE IT RESOLVED by the Martin City Council, Martin, South Dakota, that Security First Bank of Martin, South Dakota, has been designated as the Official Depository for all the funds of the City of Martin.

BE IT RESOLVED that in regards to various accounts that the City of Martin has on deposit with Security First Bank that the following procedure be adopted in regards to requirement of signatures:

General Checking Account: 2 signatures required. Names on signature cards being that of the Mayor Gary Rayhill, Council President Walter York, Finance Officer, Jean Kirk and Assistant Finance Officer Tiffany Pettit.

Special Checking Account and Meter Deposit Checking Account: 1 signature required. Names on signature cards being that of Finance Officer Jean Kirk and Assistant Finance Officer Tiffany Pettit.

All Other Accounts, be it First Plus Checking, Pass Books Savings, CD’s, etc., shall be by transfer only into the General Checking Account by Martin City Council approval. 1 Signature required. Names on signature cards being that of the Finance Officer Jean Kirk.

BE IT RESOLVED that the City of Martin is authorized to use a custodial account offered by Security First Bank within which Security First Bank arranges for deposited funds to be placed in one or more federally insured financial institutions pursuant to the provisions South Dakota Statue §4-5-6.1.

BE IT RESOLVED that the Finance Officer Jean Kirk is authorized to open new checking or savings accounts for the City of Martin, if they are so needed.

BE IT RESOLVED that the Mayor Gary Rayhill or Council President Walter York along with the Finance Officer Jean Kirk be authorized to borrow money on behalf and in the name of the City of Martin, sign, execute and deliver promissory notes of evidence of indebtedness, with approval of the Martin City Council. 2 signatures required.

BE IT FURTHER RESOLVED that this resolution shall continue to have effect until express written notice of its rescission or modification by the Martin City Council, has been received and recorded by Security First Bank of Martin, South Dakota.

Dated this 9th day of May, 2018

Mayor, Gary Rayhill

ATTEST:

Jean Kirk, Finance Officer

Water Project Resolution 2018-2: York moved to approve Resolution 2018-2. This resolution allows the City to issue bonds to defray the cost of the water improvement project. Moffitt seconded the motion, all voting aye, motion carried.

RESOLUTION NO. 2018-2

(Replacing Resolution No. 2017-3)

RESOLUTION GIVING APPROVAL TO THE ISSUANCE BY CITY OF MARTIN, SOUTH DAKOTA OF ITS DRINKING WATER SURCHARGE REVENUE BOND, SERIES 2018, IN AN AMOUNT NOT EXCEEDING $633,000 TO FINANCE, DIRECTLY AND INDIRECTLY, CONSTRUCTION OF IMPROVEMENTS TO THE CITY’S DRINKING WATER SYSTEM; APPROVING THE FORM OF LOAN AGREEMENT AND REVENUE BOND; AUTHORIZING THE SALE OF SAID REVENUE BOND; PLEDGING DRINKING WATER SURCHARGE REVENUES FOR SERVICING DEBT ISSUED HEREUNDER; AND THE MANNER OF EXECUTION AND ISSUANCE OF SAID BOND.

On August 9, 2017, the City Council adopted Resolution No. 2017-3 to authorize the issuance of a surcharge revenue bond. This resolution replaces and supersedes Resolution No. 2017-3.

WHEREAS, City of Martin, South Dakota (the “City”) is authorized pursuant to SDCL Chapters 9-40 and 9-47 to construct, operate and improve drinking water systems, and pursuant to SDCL 9-40-6 and Chapter 6-8B (the “Acts”) is authorized to issue bonds to defray the cost of such extensions, additions; and improvements; and

WHEREAS, the City Council of the City has determined that it is necessary and in the best interests of the City to make certain improvements to the City’s drinking water system (the “Drinking Water System”), such improvements being more fully described as follows:

Completion of the first phase of a multi-phase project to replace and install water main throughout the city. This project will replace existing two-inch water main on 4th Avenue, replace water main on Dorothy Street between 4th and 5th Avenues, and install water main on 5th Avenue where none currently exists. Water meters for services on these streets will also be replaced as part of this project (the “Project”), 

and to finance $633,000 of the costs thereof through the South Dakota Drinking Water State Revolving Fund Loan Program administered by the South Dakota Conservancy District (“SDCD”) pursuant to SDCL 46A-1-49; and

WHEREAS, the City has determined that it is necessary and appropriate to issue its Drinking Water Surcharge Revenue Bond, Series 2018 in the amount of $633,000, as more fully described herein (the “Bond”) to the SDCD pursuant to the South Dakota Drinking Water State Revolving Fund Loan Program to finance a portion of the costs of the Project; and

WHEREAS, pursuant to the Acts, including specifically SDCL 9-40-15, and Resolution No. 2018-3 (adopted May 9, 2018), the City has adopted a surcharge (the “Surcharge”) in order to repay the principal of and interest on the Bond; and

WHEREAS, the City Council has determined that the issuance of the Bond would be in the best interests of the City,

NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Martin, South Dakota, as follows:

ARTICLE I: THE BOND

Section 1.01 Findings. It is hereby found, determined and declared that:

(a) The City is a political subdivision of the State of South Dakota and a body corporate and politic.

(b) The City finds and determines that, without making the improvements included in the Project, the Drinking Water System would pose a health hazard to the residents of the City, and the lands adjacent thereto. 

(c) As authorized by this Resolution and the Act, the City has determined that it is necessary and desirable to issue the Bond in a principal amount not to exceed $633,000. The proceeds of the Bond are to be used (i) to pay a portion of the costs of the Project and (ii) to pay the costs of issuance of the Bond.

(d) The Bond will be issued, sold and delivered by the City pursuant to the terms of the Revenue Obligation Loan Agreement between the City and SDCD (the “Loan Agreement”). 

Section 1.02 Authorization and Execution of Bond; Terms. The City will issue one fully registered Bond in the principal amount not to exceed the sum of $633,000 (as defined in the Loan Agreement, the “Committed Amount”). The Bond will be designated “Drinking Water Surcharge Revenue Bond, Series 2018,” will be numbered R 1 and will be dated as of the date of its issuance. The Bond will be payable in one hundred twenty (120) quarterly installments over a thirty-year period which will commence and be due in the manner provided in the Loan Agreement. 

The Bond will bear interest at the rate of 1.5% per annum pursuant to the Loan Agreement. In addition, as required by the Loan Agreement, the City will pay the holder of the Bond an administrative expense surcharge on the outstanding principal amount of the Bond at a rate of .50% per annum. The Bond is issued under the authority of Chapters 9-40 and 6-8B of the South Dakota Codified Laws, as amended.

The Bond will be signed by the manual signatures of the Mayor and Finance Officer, and sealed with the corporate seal of the City, or a facsimile thereof. The approval hereby given to the Bond includes an approval of such additional details therein as may be necessary and appropriate and approved by the City’s legal counsel prior to the execution thereof. The execution of the Bond by the Mayor and Finance Officer will be conclusive evidence of the approval of the Bond in accordance with the terms hereof.

Section 1.03 Authorization of Financing Documents. The documents required to accomplish the issuance of the Bond include the following:

(a) the Revenue Obligation Loan Agreement between the SDCD and the City, and pursuant thereto to pledge the Surcharge revenues to secure the payment of the City’s obligations thereunder;

(b) the Bond; and

(c) such other documents, agreements or instruments as may be necessary to make covenants and recite facts required to demonstrate the validity and enforceability of Bond under the laws of the State of South Dakota and to assure the exclusion of the interest thereon from the gross income of the owners of the Bond under the Code and to effectuate the terms and intent of this Resolution.

The execution and delivery of such documents is hereby authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content presented to the City Council on this date (the terms of which are incorporated herein by this reference), with such changes as the City Attorney deems appropriate and approves, for and on behalf of the City. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City as set forth in or required by the Loan Agreement.

Section 1.04 Form of Bond. The Bond will be in substantially the form set forth on Appendix B to the Loan Agreement.

Section 1.05 Sale of Bond. The sale of the Bond to the SDCD for the purchase price of $633,000 plus interest accrued to the date of delivery of the Bond, is ratified and confirmed; and the officers of the City are authorized and directed to do any and all acts necessary to conclude delivery of the Bond to said purchaser, upon receipt of the purchase price, as soon after the effective date of this Resolution as is convenient.

Section 1.06 Application of Bond Proceeds. Proceeds of the Bond will be deposited in the manner provided in the Loan Agreement.

Section 1.07 Inspection of Documents. All documents referred to herein will be available for public inspection in the office of the Finance Officer during regular business hours.

ARTICLE II: SECURITY FOR THE BOND

Section 2.01 Pledge of Drinking Water Surcharge Revenues. Pursuant to SDCL 9-40-15, the City hereby irrevocably pledges to the SDCD all revenues received from the Surcharge (the “Pledged Revenues”) in order to secure the City’s obligation to pay all amounts payable under the Loan Agreement and the Bond. The City will set aside and segregate in a separate account on a monthly basis such Pledged Revenues for payment of the principal and interest on the Bond.

Section 2.02 Deposit of Pledged Revenues. All moneys in the account provided for above will be deposited with such financial institution as designated from time to time by the City. 

ARTICLE III: OTHER COVENANTS

Section 3.01 Compliance With Laws. The City hereby covenants and agrees with the holder or holders, from time to time of the Bond, that it will punctually perform all duties with reference to the Bond required by the Constitution and laws of the State of South Dakota and by this Resolution. 

Section 3.02 Other Covenants. The City agrees and covenants that it will purchase the improvements included in the Project. The City will not sell, lease, mortgage or in any other manner dispose of the Project, or any substantial part thereof, until the Bond has been paid in full. The City covenants and agrees with the owners of the Bond that it will prepare, keep and file records, statements and accounts as provided for in this Resolution and the Loan Agreement.

Section 3.03 Additional Bonds. Additional bonds payable from the Pledged Revenues may be issued on a parity with the Bond, but only as permitted in the Loan Agreement and no provision of this Resolution will have the effect of restricting the issuance of, or impairing the first lien of, such additional parity bonds. The City will have the right to issue additional bonds secured by a lien subordinate to the lien for the Bond but only as permitted by the Loan Agreement.

ARTICLE IV: MISCELLANEOUS

Section 4.01 Limited Obligations. The Bond, together with the interest thereon, will not constitute a charge against the City’s general credit or taxing power, but will be a limited obligation of the City payable solely out of the Pledged Revenues, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Bond and will be used for no other purpose than to pay the principal of and interest on the such Bond, except as may be otherwise expressly authorized in the Loan Agreement. The Bond will not constitute indebtedness within the meaning of any constitutional or statutory debt limitation.

Section 4.02 Severability. If any section, paragraph, clause or provision of this Resolution or the Loan Agreement is held invalid, the invalidity of such section, paragraph, clause or provision will not affect any of the other provisions of this Resolution or the Loan Agreement. The Mayor, Finance Officer, the City Attorney and City officials will be and they are hereby authorized to execute and deliver for and on behalf of the City the Bond any and all other certificates, documents or other papers and to perform such other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

Section 4.03 Retention of Bond Counsel. The City hereby retains the firm of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, South Dakota, to act as bond counsel with respect to the Bond.

Section 4.04 Effective Date. This Resolution, after its final passage, will be recorded in a book kept for that purpose, will be authenticated by the signature of the Mayor and Finance Officer, will be published in the City’s officially designated newspaper, and will be effective on the 20th day following such publication. After becoming effective, this Resolution will be irrepealable until the Bond issued hereunder has been paid in full, except that prior to issuance of the Bond, this Resolution may be amended at any time by adoption of an administrative resolution or ordinance.

Dated this 9th day of May, 2018.

Gary Rayhill, Mayor

ATTEST:

Jean Kirk, Finance Officer

Water Surcharge Resolution 2018-3: McCue moved to approve Resolution 2018-3. This creates a surcharge of $5.75 for users of the water system. This money will be used to repay the water improvement loan. Hicks seconded the motion, all voting aye, motion carried.

RESOLUTION NO. 2018-3

RESOLUTION OF CITY OF MARTIN, SOUTH DAKOTA TO APPROVE A SURCHARGE APPLICABLE TO USERS OF THE CITY’S DRINKING WATER SYSTEM IN ORDER TO REPAY A SURCHARGE REVENUE BOND IN THE PRINCIPAL AMOUNT NOT TO EXCEED $633,000.

WHEREAS, the City of Martin, South Dakota (the “City”) has determined that it is necessary to make certain modifications and improvements (the “Improvements”) to the City’s drinking water system (the “System”); and

WHEREAS, in order to pay for a portion of the cost of the Improvements, including engineering costs, legal and financing costs, and other related costs, the City Council has determined that it is necessary and advisable for the City to issue and sell the City’s Drinking Water Surcharge Revenue Bond, Series 2018 (Drinking Water SRF loan C462203-02), in an amount not to exceed $633,000 (the “Bond”) in connection with a loan to be made under a Revenue Obligation Loan Agreement to be entered into by the City with the South Dakota Conservancy District (the “Loan Agreement”) and a resolution to be adopted by the City authorizing the issuance of the Bond; and

WHEREAS, the City has determined that all users of the System will benefit from the Improvements; and

WHEREAS, the City has proposed to adopt a surcharge pursuant to SDCL 9-40-15 on all users of the System to be pledged for the repayment of the principal of and interest on the Bond.

NOW, THEREFORE, BE IT ORDAINED by the City Council of City of Martin, South Dakota, as follows:

1. Surcharge and Rate. The City does hereby establish, in addition to its normal Drinking Water system user fee, a surcharge in the amount of $5.75 per user per month (the “Surcharge”) which will be charged to all users of the System. The Surcharge will be imposed beginning August 1, 2018. The Surcharge amount is subject to adjustment as follows:

2.

(a) The City Council will adjust the amount of the Surcharge if it determines that final project costs and federal or state assistance allows the City to reduce the principal amount of the Bond.

(b) The City Council will review the Surcharge rate annually, and adjust it upwards or downwards to a level which, assuming a 10 percent delinquency rate, will produce income at the times and in amounts sufficient to pay when due the principal of and interest on the Bond over a period of 30 years, together with interest thereon at an interest rate of 1.50 percent per annum plus an administrative expense surcharge of .50 percent in accordance with the Loan Agreement. 

(c)

3. Surcharge Found to be Equitable. It has been found that all users of the System benefit from the Improvements paid for in part from the proceeds of the Bond, and that the Surcharge is found to be equitable for the services provided by such improvements. Therefore, the Surcharge will be applicable to all users of the System, current and future, whether in or out of the City.

4. Segregation of Surcharge Receipts. The revenues collected from the Surcharge will be segregated from all other funds of the City, and will be pledged to secure the Bond. The Bond will be payable solely from such segregated revenues, and not from the general revenues of the System. Until adequate provision has been made for the debt service on the Bond, moneys in the segregated account may not be used for any purpose other than for the repayment of the Bond. The City in its discretion may from time to time advance moneys from the general revenues of the System to make payments on the Bond, but any moneys so advanced will be repaid from Surcharge collections within one year of the date of such advance.

4. Duration of Surcharge; Automatic Repeal. The Surcharge shall remain in effect until such time as the Bond is discharged or defeased. The initial Surcharge shall be collected at the same time as other charges of the System. Upon payment of all principal and interest on the Bond or any refunding bonds, or until the same have been defeased, the Surcharge will automatically be repealed without any further action of the Council.

5. Billing and Accounting. The Surcharge will be included in the monthly bill. Nothing contained herein requires the Surcharge to be indicated on the billing, but the Surcharge segregation must be specifically reflected in the books of the City. 

6. Severability. If any one or more of the provisions of this Resolution is held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision hereof.

7. Surcharge Bond Not to Create Constitutional Indebtedness. The Surcharge provided for herein is for the purpose of paying the Bond, which will not constitute indebtedness within the meaning of the South Dakota Constitutional Chapter XIII, Section 4.

Dated this 9th day of May, 2018.

APPROVED:

Gary Rayhill, Mayor

ATTEST: 

Jean Kirk, Finance Officer

Water Rates: Discussion was held on the current water rates for the city. McCue moved to raise the minimum charge for water from $15 for 2000 gallon to $16 for 2000 gallon and to go into effect for the June billing. York seconded the motion, all voting aye motion carried. The Council will continue to monitor the water fund to make sure that the water rates are sufficient to repay the loans and cover expenses in the water fund.

Malt Beverage Hearing: A malt beverage hearing was held for the Bennett County Golf Assn, Fresh Start Convenience Store, Lynn’s Dakotamart, Bennett County American Legion Post 240 for a Retail (on-off sale) Malt Beverage and SD Farm Wine License. No public were present to comment. 

A motion was entered by York and seconded by Hicks to approve the Retail (on-off sale) malt beverage and SD Farm Wine Licenses for Sportsman’ Video Inc, Lynn’s Dakotamart, American Legion Post 240, Susan’s H&H, Fresh Start Convenience Store, Fresh Start Truck Stop, KJ’s Pit Stop and Bennett County Golf Assn. All voting aye, motion carried. 

Pool & Lifeguards: A motion was entered by Hicks and seconded by Moffitt to hire the following swim personnel. Jennifer May as pool manager at $11.14 an hour; Asst Manager Shauna Evans, at $9.30 an hour, life guards; Nichole Goetzinger at $9.56 and Shelby Marrs at $9.56, Tabitha Pettit at $9.30 an hour, Jessica Begeman and Josie May at $9.07 an hour, Erica Bakley, Titan Soderlin, Erica Bakley, and Halie Mosher at $8.91 an hour and Marcus Harris and Cheyenne Marrs at $8.85. All voting aye, motion carried.

Past due Water Bills: The past due water bills were reviewed by the council. A motion to handle as usual was entered by McCue and seconded by York. All voting aye, motion carried.

Adjournment: As there was no further business to come before the council at this time, Motion to adjourn was entered by Moffitt.

The next city council meeting will be held Friday, June 8, at 5:30 p.m. at the Library community room.

Dated this 9th day of May, 2018

Gary Rayhill, Mayor

ATTEST:

Jean Kirk, Finance Officer

Published once at the total approximate cost of $337.68

Published: May 23, 2018

502 Second Avenue, Martin, SD 57551 • 605-685-6866 • booster@gwtc.net