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2020-12-22 SID 523 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 523 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 523 of Douglas County, Nebraska, was convened in open and public session at 3:30 p.m. on the 22nd day of December, 2020 at 10250 Regency Circle, 2nd Floor, Omaha, Nebraska. Present were: Mark Stokes, Ronald E. Bucher, and Bernard J. Skar. Also present was John Q. Bachman, attorney for the District. Absent: Craig D. Wilkins and Marcy Knobbe. Notice of the meeting was given in advance thereof by publication in The Daily Record on December 17, 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 held via teleconference. Notice of the meeting was also posted on the entrance doors to 10250 Regency Circle, Suite 300, as well as 10250 Regency Circle, 2nd Floor, including the call- in number for the meeting. Photocopies of the notice being attached to the minutes. The meeting was called to order by the undersigned presiding as Chairman. The attorney for the District noted that the meeting was being conducted with one or more individuals participating telephonically pursuant to Executive Order 20-36 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. 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. There were next presented miscellaneous bills, invoices, statements, and recommendations for the Board's consideration. There was next presented a statement from TitleCore National, LLC for a SID search in connection with the 2020 bond issue, Invoice No. 628 in the amount of Two Hundred Fifty and no/100 Dollars ($250.00). The Clerk next presented to the Board the final estimate with regard to Paving Maintenance 2020 (Five Fountains) and its installation by B & W Co., Inc., which recommended that a final and complete payment be made in the total amount of Fifty-One Thousand Two Hundred Sixteen and 60/100 Dollars ($51,216.60)with such being final payment and the final estimate for work completed on such project. Upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Mark Stokes, Ronald E. Bucher, and Bernard J. Skar 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. 523 of Douglas County, Nebraska, that the District's project entitled Paving Maintenance 2020 (Five Fountains) be accepted as completed in accordance with recommendation of the District's engineers, Lamp Rynearson and that final payment be made in the following scheduled amount: Contractor Amount B &W Co., Inc. $51,216.60 There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Royal Lawns Inc. for Green Area Maintenance 2014 (Five Fountains), Estimate No. 65 in the amount of One Thousand Ninety and no/100 Dollars ($1,090.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Kildow Construction Inc. for filling a sinkhole and mud jacking on HWS Cleveland Boulevard, Invoice No. 1395 in the amount of Seven Thousand Two Hundred Fifty and no/100 Dollars ($7,250.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Commercial Seeding Contractors for mowing native grasses, Invoice No. 23917 in the amount of Six Hundred and no/100 Dollars ($600.00). There was next presented a statement from The Harry A. Koch Co. for general liability insurance policy renewal, Invoice No. 169278 in the amount of One Thousand Three Hundred Twenty-Six and no/100 Dollars ($1,326.00). There were next presented statements from Lamp Rynearson, engineers for the District, for miscellaneous engineering services rendered as follows: (i) through September 12, 2020, Invoice No. 0104106.90-0000150 in the amount of Five Hundred Seven and 72/100 Dollars ($507.72); (ii) through October 17, 2020, Invoice No. 0104106.90-0000151 in the amount of Two Thousand Three Hundred Seventy-Seven and 03/100 Dollars ($2,377.03); and (iii) through November 14, 2020, Invoice No. 0104106.90-0000152 in the amount of Two Thousand One Hundred Thirty-Eight and 53/100 Dollars ($2,138.53); said statements being in the aggregate amount of Five Thousand Twenty-Three and 28/100 Dollars ($5,023.28). There were next presented statements from Metropolitan Utilities District for service at the 18899 California Street location with respect to Account No. 110000016582 from August 22, 2020 through November 20, 2020 in the aggregate amount of Two Hundred Fifty-Three and 54/100 Dollars ($253.54). The Board directed advance payment in the amount of One Thousand Five Hundred and no/100 Dollars($1,500.00). There were next presented statements from Metropolitan Utilities District for service at the 18998 North HWS Cleveland Boulevard location with respect to Account No. 112000302268 from August 22, 2020 through November 20, 2020, indicating a credit balance in the amount of One Thousand Three Hundred Ninety-Four and 62/100 Dollars ($1,394.62). There were next presented statements from Omaha Public Power District for general electric service at the 18900 California Street location from August 28, 2020 through November 25, 2020 with respect to Account No. 1975530721, such statements being in the aggregate amount of Four Thousand One Hundred Forty-Five and 28/100 Dollars ($4,145.28). 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. 523 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant No. 2706 of the District, dated the date of this meeting, to the following payee and in the following amount, said Warrant 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 February 10 of each year) and to be redeemed no later than December 22, 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 No. 2706, for the amount of Two Hundred Fifty and no/100 Dollars($250.00), payable to TitleCore National, LLC., Inv. 628. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 523 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 2707 through 2726 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 General Fund of the District and to draw interest at the rate of six percent (6%) per annum and to be redeemed no later than December 22, 2023, 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. 2707 through 2716, each in the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2717, for the amount of One Thousand Two Hundred Sixteen and 60/100 Dollars ($1,216.60), payable to B &W Co., Inc. Warrant No. 2718, for the amount of One Thousand Ninety and no/100 Dollars ($1,090.00), payable to Royal Lawns Inc., Pay Est. No. 65. Warrant No. 2719, for the, amount of Five Thousand and no/100 Dollars ($5,000.00) and Warrant No. 2720, for the amount of Two Thousand Two Hundred Fifty and no/100 Dollars ($2,250.00), payable to Kildow Construction Inc., Inv. 1395. Warrant No. 2721, for the amount of Six Hundred and no/100 Dollars ($600.00), payable to Commercial Seeding Contractors, Inv. 23917. Warrant No. 2722, for the amount of One Thousand Three Hundred Twenty-Six and no/100 Dollars ($1,326.00), payable to The Harry A. Koch Co., Inv. 169278. Warrant No. 2723, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2724, for the amount of Twenty- Three and 28/100 Dollars ($23.28), payable to Lamp Rynearson, Inv. No. 0104106.90-0000150, 151, 152. Warrant Nos. 2725, for the amount of One Thousand Five Hundred and no/100 Dollars ($1,500.00), payable to Metropolitan Utilities District, Acct. No. 110000016582. Warrant No. 2726, for the amount of Four Thousand One Hundred Forty-Five and 28/100 Dollars ($4,145.28), payable to Omaha Public Power District, Acct. No. 1975530721. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 523 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. 523 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. 523 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 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. There was next presented Change Order No. 3 with regard to Green Area Maintenance 2014 (Five Fountains), which will result in an additional Thirty-Eight Thousand Seven Hundred Eighty-Five and no/100 Dollars ($38,785.00) being added to the contract granted to Royal Lawns Inc. After discussion by the Board, the following resolution was duly moved and seconded, and upon a roll call vote of the Trustees, Mark Stokes, Ronald E. Bucher and Bernard J. Skar 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. 523 of Douglas County, Nebraska, that Change Order No. 3 to the Green Area Maintenance 2014 (Five Fountains) project resulting in an additional amount of $38,785.00 being added to the contract granted to Royal Lawns Inc., be accepted and approved and that the Chairman and Clerk of the District be and they hereby are authorized and directed to execute Change Order No. 3 for and on behalf of the District. The Trustees requested the engineers to provide an area map identifying the mowing responsibilities for Royal Lawns and for Commercial Seeding. 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. Mark Stokes, as Clerk for Sanitary and Improvement District No. 523 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 December 22, 2020 meeting. Mark Stokes;C;lerlr