2020-07-14 SID 499 Minutes 9
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MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 499
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County,
Nebraska, was convened in open and public session at 11:00 a.m. on the 14th day of July, 2020, at 10250
Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Bradley J. Clausen, Roger H. Baumgart, Michael L. Purdy and Gregory Cordes. Also
present was John Q. Bachman, attorney for the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on June 30
and July 7, 2020, a copy of the proof of publication being attached to these minutes. Notice of this meeting
was simultaneously given to all members of the Board of Trustees, and a copy of their acknowledgment of
receipt of notice is attached to these minutes. Availability of the agenda was communicated in the published
notice and in the notice to the Trustees of this meeting. All proceedings of the Board were taken while the
convened meeting was open to the attendance of the public. The agenda was at all times available at the
office for the District at 10250 Regency Circle, Suite 300, Omaha, Nebraska 68114.
The meeting was called to order by the undersigned presiding as Chairman.
The Chairman publicly stated to all in attendance that a current copy of the Nebraska Open Meetings
Act was available for review and indicated the location of such copy in the room where the meeting was being
held.
Discussion was next had concerning the teleconference meeting held on June 12,2020. The attorney
for the District reminded the Board that the meeting had been conducted with one or more individuals
participating telephonically pursuant to Executive Order 20-03 of the Governor of the State of Nebraska, Pete
Ricketts. The option to participate in the meeting telephonically was provided to all individuals requesting
such information and was posted at the published location of the meeting at least one hour prior to the
commencement of the meeting. It was confirmed at the outset of the meeting that all telephone participants
could hear and be heard by those in physical attendance and those participating telephonically. There was
no public attendance or participation. Thereafter, upon a motion duly made and seconded and upon a roll
call vote, all the Trustees, Bradley J. Clausen, Roger H. Baumgart, Michael L. Purdy and Gregory Cordes
voted"Aye"with none voting "Nay"thereby adopting the following resolution:
RESOLVED, that all resolutions approved during meetings held remotely
pursuant to Executive Order 20-03, signed by Governor Pete Ricketts on
March 17, 2020 be approved, adopted and ratified.
The Clerk first certified that notice of this meeting concerning the Interlocal Cooperation Agreement
between the District and Sanitary and Improvement District No. 574 of Douglas County, Nebraska (Deer
Creek Reserve), concerning the payment by the District of its proportional share in the acquisition of necessary
public easements, design, construction and maintenance costs of the 132nd Street Improvements had been
posted in three(3)conspicuous places within the District with the Clerk causing to be filed a Certificate to that
effect with a copy of the notice attached thereto, such notice being attached to the minutes of these
proceedings and by this reference made a part hereof.
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The Clerk next stated that no petition opposing the proposed Resolution of Necessity and Advisability
had been filed by the property owners within the District or by any other person or entity and that no person
appeared at the meeting or made any objections to the proposed Resolution of Advisability and Necessity
with such being the same resolution adopted in form at the meeting of the Board of Trustees held on June 12,
2020,which resolution is set forth in its entirety in the proof of publication attached hereto and by this reference
incorporated herein. After discussion of the Board, the following resolution was duly moved and seconded
and upon a roll call vote the Trustees, Bradley J. Clausen, Roger H. Baumgart, Michael L. Purdy and Gregory
Cordes, voted "Aye"with none voting "Nay"thereby passing and adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 499 of Douglas County, Nebraska, that the Resolution of Necessity and
Advisability concerning the Interlocal Cooperation Agreement between the
District and Sanitary and Improvement District No. 574 of Douglas County,
Nebraska (Deer Creek Reserve), concerning the payment by the District of
its proportional share in the acquisition of necessary public easements,
design, construction and maintenance costs of the 132nd Street
Improvements be ratified and approved as proposed.
FURTHER RESOLVED, that the Chairman and Clerk be, and hereby are,
authorized and directed to take such steps as are necessary to implement
this resolution, including the execution of such agreement for and on behalf
of the District.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There Board was next reminded that in accordance with the resolution of necessity adopted herein,
there is due and payable to Sanitary and Improvement District No. 574 of Douglas County, Nebraska, the
amount of One Hundred Seventy-Five Thousand Four Hundred Twenty-One and 81/100 Dollars
($175,421.81).
The previously described bills, invoices, recommendations and statements having been presented
for the Board's consideration and after review and discussion of such items, the following resolution was duly
moved and passed:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 499 of Douglas County, Nebraska, that the Chairman and Clerk be and
they hereby are authorized and directed to execute and deliver Warrant
Nos. 2288 through 2323 of the District, dated the date of this meeting,to the
following payees and in the following amounts, said Warrants to be drawn
on the Construction Fund of the District and to draw interest at the rate of
seven percent (7%) per annum (interest to be payable on November 1 of
each year) and to be redeemed no later than July 14, 2025, subject to
extension of said maturity date by order of the District Court of Douglas
County, Nebraska, after notice is given as required by law, to-wit:
Warrant Nos. 2288 through 2322, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2323, for the
amount of Four Hundred Twenty-One and 81/100 Dollars ($421.81),
payable to Sanitary and Improvement District No. 574 of Douglas County,
Nebraska.
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RESOLVED by the Board of Trustees of Sanitary and Improvement
District No. 499 of Douglas County, Nebraska; that both they and the
district hereby find and determine and covenant, warrant and agree as
follows: the improvements and/or facilities being financed or refinanced
by the above Warrants are for essential governmental functions and are
designed to serve members of the general public on an equal basis; all
said improvements have from the time of their first acquisition and
construction been owned, are owned and are to be owned by the District
or another political subdivision; to the extent special assessments have
been or are to be levied for any of said improvements, such special
assessments have been or are to be levied under Nebraska law as a
matter of general application to all property specially benefited by said
improvements in the District; the development of the land in the District is
for residential or commercial use and the development of the land in the
District for sale and occupation by the general public has proceeded and
is proceeding with reasonable speed; other than any incidental use of said
improvements by a developer during the initial period of development of
said improvements,there have been, are and will be no persons with rights
to use such improvements other than as members of the general public;
none of the proceeds of said Bonds or any refinanced indebtedness have
been or will be loaned to any private person or entity; the District hereby
authorizes and directs the Chairperson or Clerk to file or cause to be filed,
when due, an information reporting form pursuant to Section 149(e) of the
Internal Revenue Code of 1986, as amended, pertaining to the above
Warrants; and the District does not reasonably expect to sell or otherwise
dispose of said improvements and/or facilities, in whole or in part, prior to
the last maturity of the above Warrants.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,that the District
hereby covenants, warrants and agrees as follows: (a) to take all actions
necessary under current federal law to maintain the tax exempt status (as
to taxpayers generally) of interest on the above Warrants; and (b) to the
extent that it may lawfully do so, the District hereby designates the above
Warrants as its "qualified , tax exempt obligations" under
Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as
amended, and covenants and warrants that the District does not reasonably
expect to issue warrants or bonds or other obligations aggregating in the
principal amount of more than$5,000,000 during the calendar year in which
the above Warrants are to be issued.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska, that this and
the preceding Resolutions are hereby adopted as the Certificate With
Respect to Arbitrage of the District pertaining to the above Warrants and the
District and the Chairman and Clerk of the District hereby further certify, as
of the date of the registration of the above Warrants with the County
Treasurer of Douglas County, Nebraska, as follows:
1. No separate reserve or replacement fund has been or will
be established with respect to the above Warrants. The District reasonably
anticipates that monies in its Bond Fund reasonably attributable to the
above Warrants in excess of the lesser of: (a) ten percent(10%) of the net
principal proceeds of the above Warrants, (b) the maximum annual debt
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service due on the above Warrants, or(c) one hundred twenty-five percent
(125%) of average annual debt service due on the above Warrants will be
expended for payment of principal of and interest on the above Warrants
within thirteen(13) months after receipt of such monies. That amount which
is currently held in the District's Bond Fund which exceeds the amount which
is to be expended for payment of principal and interest on the above
Warrants within thirteen (13) months after receipt of such monies, plus that
amount arrived at pursuant to the immediately preceding sentence, will not
be invested in any securities or any other investment obligations which bear
a yield, as computed in accordance with the actuarial method, in excess of
the yield on the above Warrants.
2. To the best of their knowledge, information and belief, the
above expectations are reasonable.
3. The District has not been notified of any listing of it by the
Internal Revenue Service as an issuer that may not certify its bonds.
4. This Certificate is being passed, executed and delivered
pursuant to Section 1.148-2(b)(2) of the Income Tax Regulations under the
Internal Revenue Code of 1986, as amended.
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SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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The Clerk next reviewed the Agenda which had been available for public inspection in accordance
with the law prior to this meeting of the Board of Trustees and reported that all matters considered by the
Board at this meeting appeared on the Agenda.
Roger H. Baumgart, as Clerk for Sanitary and Improvement District No. 499 of Douglas County,
Nebraska (the"District")does hereby certify that the above proceedings are a true and accurate statement of
the proceedings had by the District at its July 14, 2020, meeting.
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oge H. Baumgart, Clerk
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JUL 23'2O AM9 6
City Clerk Omaha NE-RCWJ MINUTES OF MEETING
l OF
•
SANITARY AND IMPROVEMENTC TY, NEBRAICT NO.476
OF DOUGLAS C
O
l
A meeting of the Board of Trustees of Sanitary and IIm3pro0 avenmo ttDi t0tt day o76 of D0u l at
as
County, Nebraska, was cmaha, Nebraska.and public session at
10250 Regency Circle, 0
P. Ziemba
Present were
: Maria A. Michaelis, Seth V. Campbell, Steven Woodland and Ric Hid David Ward.
of the
present were John Q. Bachman, attorney for the District, irn
District.
Absent Philip Fennelly.
Notice of the meeting
was given in advance thereof by publication in The Daily Record on July 7,
Trustees, and a copy of their acknowledgment
fil 2020,
s
simultaneously
a copy
of the proof of publication being attache to these minutes. Notice of this meetmg a
simultaneously given to all members of the Board ofagenda was communicated in the published
Trustees of this meeting. All proceedings of the Board were taken while the
■ receipt of notice is attached to these minutes. Availability of the
convened and in the g was to the Tru attendance of the public. The agenda was at all times available at the
convened meeting was open to theCircle, Suite 300, Omaha, Nebraska 68114.
office for the District'at 10250 Regency of the Nebraska `Open
publicly stated to .all ndicated the location of such copy in the room where the
The Chairman p Y
Meetings Act was available for review and i
meeting was being held.
such meeting. The meeting was called to order.
The undersigned Clerk hereby certifies that theseminutes were written and available for public
10 working days after the date
inspection within ten( ) 2020. The
Discussion was next had concerning the teleconference
meet meeting had beencolndd�cteday wit 5 one State or o of
attorney for the District reminded the Board that
re
to in the meeting telephonically was' provided s°Dole
' individuals participating telephonically pursuant to Executive Order 20-03 of the Governor of the le
p to'participate Nebraska, Pete ,Ricketts. The optionposted at the published location of the meeting at
l
, individuals toghescog such information of e andwa attendance and those meeting thatpatiall
� the commencement of the meeting. It was cnfim dat the outset of the all
,,; hour prior
telephone participants could hear and be heard by those inphysical
public attendance or participation. Thereafter, upon
Seth a motion
duly
made and
d
I'� telephonically. There was no Maria A. Michaelis,
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seconded and upon a roll call vote, all the Trustees, thereby adopting the following resolution:
Ziemba and David Ward voted"Aye"with none voting Nay Y
approved during meetings held remotely
it
,� RESOLVED, that all resolutions . ned by Governor Pete Ricketts on
pursuant to Executive der adopted.0-03, nd ratified.
March 17, 2020 be approved, to Boice
Nine Hundred Eighty-Two, and 38/100' Dollars
Discussion was next had concerning General FundWarrant Nos. 7855 and 7856, payable B ce
Landscaping in the total amount of Five Thousandheld pending further clarification. *Upon
!� ($5,982.38) issued at the November 27, 2019 meeting being
he
to be
;!'` cuelea df the
Trustees, the work has been satisfactorily comapletednd and to and warrants
aupotn a rell call vote,signed
andli
released for payment. Thereafter, upon a motion duly made
the Trustees,
l
Maria A. Michaelis Seth V. Campbell, Steven P. Ziemba and David Ward voted "Aye" with
�� none voting"Nay"thereby adopting the following resolution:
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JUL 23'2 mi : b
City Clerk r-k Omaha HE
TO: The City of Omaha,Nebraska
NOTICE OF MEETING
Sanitary and Improvement
District No. 424
Of Douglas County,Nebraska
Notice is hereby given to whom it may concern that the Board of Trustees of Sanitary and
Improvement District No. 424 of Douglas County, Nebraska, will meet at 10250 Regency Circle,
2nd Floor, Omaha, Nebraska, July 28, 2020, at 8:00 a.m., meeting open to the public for which an
Agenda, kept continuously current, is available for public inspection during normal business hours
at Regency Center, 10250 Regency Circle, Suite 300, Omaha,Nebraska 68114.
DATED: July 21,2020.
SANITARY AND IMPROVEMENT DISTRICT
NO. 424 OF DOUGLAS COUNTY,NEBRASKA
By: Craig Zellers, Clerk