11-03-1997 - Laserfiche WebLink

13. Commission Minutes--November 3, 1997 1739 John Goff, State's Attorney, said the resolution which the Commission is being asked to adopt approves the substitution of the newly formed Catholic Health Initiatives for Villa Nazareth as the Obligor in the Loan Agreement for the bond issue. He said there are no substantive changes or amendments to the bond issue itself. MOTION, passed Mrs. Schneider moved and Mr. Meyer seconded to adopt Resolution #1997-31 AUTHORIZING THE EXECUTION, DELIVERY AND APPROVAL OF A) A FIRST SUPPLEMENTAL BOND TRUST INDENTURE, B) A FIRST SUPPLEMENTAL LEASE AGREEMENT AND ASSUMPTION AND MODIFICATION OF LEASE AGREEMENT (THE "ASSUMPTION AGREEMENT") AND C) ALL OTHER DOCUMENTS NECESSARY TO EFFECT THE ASSIGNMENT OF THE OBLIGATIONS OF VILLA NAZARETH WITH RESPECT TO THE $9,280,000 ORIGINAL AGGREGATE PRINCIPAL AMOUNT CASS COUNTY, NORTH DAKOTA, HEALTH FACILITIES REVENUE BONDS CATHOLIC HEALTH CORPORATION (VILLA NAZARETH PROJECT) SERIES 1992 (THE "BONDS"); AUTHORIZING OFFICERS OF CASS COUNTY, NORTH DAKOTA, TO EXECUTE DOCUMENTS AND DO ALL ACTS NECESSARY TO EFFECT THE PURPOSES OF THIS RESOLUTION; RESCINDING INCONSISTENT RESOLUTIONS; AND TAKING OTHER APPROPRIATE ACTION. Said resolution is on file in the County Auditor's Office. On roll call vote, motion carried unanimously. TAX EQUALIZATION ISSUES, Attorney General's opinion to be rea_uested Concerning property tax issues, Commissioners received a letter from County Auditor, Michael Montplaisir, dated October 21, 1997, as well as a letter from State's Attorney, John Goff, dated November 3, 1997. Mr. Montplaisir said some of the issues in his letter to the Commission surfaced during the Cass County Board of Equalization meetings this past summer, after which time he wrote letters requesting the State's Attorney's opinion on the omitted property question. The first question, he said, relates to the County Auditor's obligation to add omitted property, followed by the definition of what constitutes omitted property. The other questions included in this correspondence would be whether the county board of equalization has authority to add property to the assessment roll that was not added by the local board of equalization; and to determine whether or not the county board of equalization can recess for any length of time, other than Saturdays, Sundays and holidays, under the so-called continuous meeting law--North Dakota Century Code 57-12-01. He is suggesting an Attorney General's opinion since these questions would have State-wide effect. Frank Klein, County Director of Equalization, said it is difficult enough to administer property tax laws without getting caught up in procedural issues. He said the county will need to change the procedure used for correcting assessments if they have to meet continuously. If county boards of equalization do not have authority to correct an assessment, he said county auditors need to know if they have authority to add that property to the assessment roll as omitted property. Mr. Goff said this Commission did not tax the two properties mentioned in Mr. Montplaisir's letter, the Chris Tallackson and Andrew Levos properties, and it is his opinion, which he expressed previously, that those two properties would not be considered omitted property under North Dakota