2021-01-19 SID 494 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO.494
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas
County, Nebraska, was convened in open and public session at 4:00 p.m. on the 19th day of January, 2021,
at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Charles W. Buell, Gary L. Shipley, Richard L. Wilson and Roger L. Motz and
Travis Flodine. Also, in attendance was Mark LaPuzza, attorney for the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record, on
January 12, 2021, 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.
It was first 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.
Counsel for the District first presented the Certificate of Results of the Election from the Sarpy
County Election Commissioner with respect to the District's election of September 15, 2020. Such
certificate indicated that Charles W. Buell, Gary L. Shipley, Richard L. Wilson, Roger L. Motz and
Travis Flodine had been elected to serve for a two (2)year term for the Board. It was indicated that each of
such individuals were owners or designees of owners of real estate within the District boundaries (as
defined by Section 31-727(3) Reissue Rev. Stat. of Neb. 1943) and, as a consequence, qualified to serve in
such capacity. Each individual being in attendance at the meeting indicated a willingness to accept the
position of Trustee on the Board.
Discussion was next had with respect to the outstanding matters of the District and the powers and
responsibilities of the Board in general. Discussion was also had with respect to the powers and
responsibilities of the positions of Chairman and Clerk of the District. Upon conclusion of such discussion,
the following roll call vote was taken during which the Trustees: Richard L. Wilson and Roger L. Motz voting
"Aye", with none voting "Nay", and Charles W. Buell and Gary L. Shipley abstaining, thereby adopting and
approving the following resolution:
RESOLVED, that Charles W. Buell be hereby elected to serve in the
capacity of Chairman for Sanitary and Improvement District No. 494 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
FURTHER RESOLVED, that Gary L. Shipley be hereby elected to serve in
the capacity of Clerk for Sanitary and Improvement District No. 494 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
The next order of business was discussion regarding the necessary infrastructure improvements
in the District. Mark LaPuzza noted that the Trustees at their budget meeting elected to no reduce tax
levies, with the expectation that significant improvements would be made in the District with respect to
drainage and streets. The Chairman noted that he was still in the process of obtaining estimates for
drainage repairs and noted that he expected to have a proposal for significant installation of new gravel
for the streets. Travis Flodine noted that there should be some consideration as to whether streets
should be paved as opposed to continuing to apply gravel. There was an extended discussion regarding
the cost and complexity of street paving. The Trustees agreed that the primary point of discussion for
their next meeting would be discussion of the potential to pave streets within the subdivision in the near
future.
The next order of business was discussion regarding foreclosure cases. Mark LaPuzza noted
that several lots had gone to Sheriffs sales but none of the sales had yet been confirmed. He reported
that two of the three sales were not expected to be confirmed based upon the comments of the bidders
and their counselor. It was noted that Dakota Land, LLC had failed to make its 15 percent deposit as
would have been required and that the District should consider what, if anything, it may want to do in
obtaining proper compensation for the delays or in preventing the entity and its affiliates from bidding at
later sales. The next order of business was discussion regarding Land Bank foreclosures. It was
discussed that the Land Bank attempted to obtain title through an incorrect foreclosure to five lots in
which the District might have an interest. The Trustees discussed that they had no interest in taking title
to the property located at 13553 Burdette Street, as such property was not located on a street and had no
immediate value. Properties located at 2530 N. 137th Street, 13611 Ohio Street, 13562 Ohio Street and
13556 Ohio Street were all located on paved roads and the District did have an interest in obtaining these
properties if title was able to be obtained without significant expense.
Upon motion duly made and seconded and unanimously approved with Charles W. Buell,
Gary L. Shipley, Richard L. Wilson and Roger L. Motz and Travis Flodine voting "Aye," with none voting
"Nay", thereby adopting and approving the following resolution:
RESOLVED, That the District hereby authorizes release of any and all
claims with respect to title to the property located at 13553 Burdette
Street with respect to the Omaha Municipal Land Bank and/or Land
Reutilization Commission.
RESOLVED FURTHER that the District shall engage the Omaha
Municipal Land Bank and Land Reutilization Commission for the
purchase of the properties located at 2530 N. 137th Street, 13611 Ohio
Street, 13562 Ohio Street and 13556 Ohio Street, with a desire for the
District to own such properties provided that immediate construction by
the District is not required as a condition to the sale.
The next order of business was discussion regarding the pursuit of timely resolution of
outstanding foreclosures of all kinds. Mark LaPuzza reported that he continued to undertake reasonable
efforts to move the cases along but he had not aggressively pursued the cases through court filings
because he did not want to have the District incur expenses associated for those efforts. He noted that
the Trustees should feel free to ask any questions as to the status of the cases or to propose alternative
direction for pursuit of the matters.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from Lutz, accountants for the District, for final bill for
completion of audited financial statements for the year ended June 30, 2020, Invoice #275384, in the
amount of Three Thousand Seven Hundred Fifty and no/100 Dollars ($3,750.00).
There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for
the District, for legal services performed as follows: (i) Invoice dated October 7, 2020, for services
through September 30, 2020, in the amount of Three Thousand Eight Hundred One and 80/100 Dollars
($3,801.80), and (ii) Invoice dated January 11, 2021, in the amount of Seven Thousand Six Hundred
Eighty-Six and 11/100 Dollars ($7,686.11); said statements being in the aggregate amount of Eleven
Thousand Four Hundred Eighty-Seven and 91/100 Dollars ($11,487.91).
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.494 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant No. 1478 through 1481 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 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 F
January 19, 2024, 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. 1478, for the amount of Three Thousand Seven
Hundred Fifty and no/100 Dollars ($3,750.00), payable to Lutz.
Warrant Nos. 1479 and 1480, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1481, for the
amount of One Thousand Four Hundred Eighty-Seven and 91/100 Dollars
($1,487.91), payable to Pansing Hogan Ernst& Bachman LLP.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 494 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. 494 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. 494 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.
[THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK—
SIGNATURES APPEAR ON THE FOLLOWING PAGE]
III
The Chairman 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.
Gary L. Shipley, as Clerk for Sanitary and Improvement District No. 494 of Douglas County, F
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 January 19, 2021 meeting.
Gary L. Sley, Clerk