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2021-01-28 SID 427 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO.427 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 427 of Douglas County, Nebraska, was convened in open and public session at 11:00 a.m. on the 28th day of January, 2021, at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: Darrel J. Lahmann, Frederic A. Gottschalk, Robert J. Stock, Billy J. Leonard and David Richardson. Also present was John Kuehl of D.A. Davidson &Co. Absent: None. Notice of the meeting was given in advance thereof by publication in The Daily Record on January 25, 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 attorney for the District noted that the meeting was being conducted with one or more individuals participating telephonically pursuant to Executive Orders 20-36 and 21-02 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. The meeting was called to order. Upon roll call, all of the above-referenced Trustees were present. 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. There was next presented Change Order No. 1 with regard to Paving Reconstruction 2020 (Stone Creek), which will result in an additional Six Thousand Three Hundred Fifty-Two and 60/100 Dollars ($6,352.60) being added to the contract granted to S&S Trenching, Inc. After discussion by the Board, the following resolution was duly moved and seconded, and upon a roll call vote of the Trustees, Darrel J. Lahmann, Frederic A. Gottschalk, Robert J. Stock, Billy J. Leonard and David Richardson 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. 427 of Douglas County, Nebraska, that Change Order No. 1 to the Paving Reconstruction 2020 (Stone Creek) project resulting in an additional amount of $6,352.60 being added to the contract granted to S&S Trenching, 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. 1 for and on behalf of the District. There were next presented miscellaneous bills, invoices, statements, and recommendations for the Board's consideration. The Clerk next presented to the Board the final estimate with regard to Paving Reconstruction 2020 (Stone Creek) and its installation by S&S Trenching, Inc., which recommended that a final and complete payment be made in the total amount of Twenty-Nine Thousand Six Hundred Sixty-One and no/100 Dollars ($29,661.00) with such being final payment and the final estimate for work completed on such project. The Clerk also presented the Certificate of Completion from the District's engineers, Lamp Rynearson, recommending that final payment and acceptance of such project be made by the District. Upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Darrel J. Lahmann, Frederic A. Gottschalk, Robert J. Stock, Billy J. Leonard and David Richardson 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. 427 of Douglas County, Nebraska, that the District's project entitled Paving Reconstruction 2020 (Stone Creek) 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 S&S Trenching, Inc. $29,661.00 There was next presented a statement from Lamp Rynearson, engineers for the District, for services rendered for the project Paving Reconstruction 2020 (Stone Creek/Copper Ridge) through December 12, 2020, Invoice #169, in the amount of Five Hundred Eighty-Two and 09/100 Dollars ($582.09). There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for the District, for legal services performed in construction-related matters, in the amount of One Thousand Five Hundred Fifteen and no/100 Dollars($1,515.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Commercial Seeding Contractors, for installation of snow fence within the District, Invoice #23934, in the amount of One Thousand Nine Hundred Fifty-One and 75/100 Dollars ($1,951.75). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Ron Steiner of Tom & Ron's Repair, for fence repair within the District, Invoice#12251, in the amount of Nine Hundred Eighty-Two and no/100 Dollars ($982.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Vierregger Electric Co., for entrance lighting maintenance within the District, Invoice #6217, in the amount of One Hundred Twenty-Three and 44/100 Dollars ($123.44). There were next presented statements from SunCo, for snow removal services, as follows: (i) Invoice#0112962, in the amount of One Hundred Thirty-Nine and no/100 Dollars ($139.00), and (ii) Invoice #0113020, in the amount of Three Hundred Two and 50/100 Dollars ($302.50); said statements being in the aggregate amount of Four Hundred Forty-One and 50/100 Dollars ($441.50). There were next presented statements from One Call Concepts, Inc., for line locates within the District, as follows: (i) Invoice #0110605, in the amount of Eleven and 54/100 Dollars ($11.54), and (ii) Invoice #0120607, in the amount of Six and 16/100 Dollars ($6.16); said statements being in the aggregate amount of Seventeen and 70/100 Dollars ($17.70). The Board was next reminded that it has a small credit balance in the amount of Twenty-One and 76/100 Dollars ($21.76). The Board next directed advance payment to be made in the amount of Two Hundred and no/100 Dollars ($200.00). There was next presented a statement from Lamp Rynearson, engineers for the District, for services rendered in miscellaneous District maintenance matters through December 12, 2020, Invoice #170, in the amount of Nine Hundred Twenty-One and 86/100 Dollars ($921.86). There were next presented statements from Port-A-Johns, for restroom rental in November and December, 2020, as follows: (i) Invoice #20-4372, in the amount of One Hundred Thirty-Seven and 15/100 Dollars ($137.15), and (ii) Invoice #20-4805, in the amount of One Hundred Thirty-Seven and 15/100 Dollars ($137.15); said statements being in the aggregate amount of Two Hundred Seventy-Four and 30/100 Dollars ($274.30). There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for the District, for legal services performed in miscellaneous District matters through December 31, 2020, in the amount of Three Thousand Three Hundred Fifteen and no/100 Dollars ($3,315.00), and costs advanced in the amount of One Hundred Eleven and 70/100 Dollars ($111.70); said statement being in the aggregate amount of Three Thousand Four Hundred Twenty-Six and 70/100 Dollars ($3,426.70). There were next presented statements from Metropolitan Utilities District, for service at the location of 5401 N. 163rd Street from October 29, 2020 through December 28, 2020, having a credit balance in the amount of One Thousand Three Hundred Eighty-Four and 79/100 Dollars ($1,384.79), so no payment is due at this time. There were next presented statements from Metropolitan Utilities District, for sprinkler service at the location of 15601 Curtis Avenue from October 28, 2020, through December 28, 2020, having a credit balance in the amount of Nine Hundred Eighteen and 68/100 Dollars ($918.68), so no payment is due at this time. There were next presented statements from Metropolitan Utilities District, for service at the location of 6161 N. 168th Street, Account #112000308653, in the amount of Ten and 06/100 Dollars ($10.06). The Board next directed advance payment to be made in the amount of Five Hundred and no/100 Dollars($500.00). There were next presented statements from Metropolitan Utilities District, for service at the location of 15698 Hartman Avenue, Account#110000272757, having a credit balance in the amount of Seven Hundred Ninety-Nine and 86/100 Dollars ($799.86), so no payment is due at this time). There were next presented statements from Omaha Public Power District, for street lights at the service location of 15600 Fort Street, from October 29, 2020, through December 30, 2020, in the aggregate amount of Ten Thousand Two Hundred Seventy and no/100 Dollars ($10,270.00). There were next presented statements from Omaha Public Power District, for entrance signs at the service location of 15650 Curtis Avenue, 16798 Hartman Avenue and 16798 Kansas Avenue, Account #1988976018, in the aggregate amount of Two Hundred Thirty-Seven and 17/100 Dollars($237.17). 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. 427 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 4018 through 4025 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 February 10th of each year)and to be redeemed no later than January 28, 2026, 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. 4018 through 4022, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 4023, for the amount of Four Thousand Six Hundred Sixty-One and no/100 Dollars ($4,661.00), payable to S&S Trenching, Inc. Warrant No. 4024, for the amount of Five Hundred Eighty-Two and 09/100 Dollars($582.09), payable to Lamp Rynearson. Warrant No. 4025, for the amount of One Thousand Five Hundred Fifteen and no/100 Dollars ($1,515.00), payable to Pansing Hogan Ernst& Bachman LLP. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No.427 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 4026 through 4038 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 January 28, 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. 4026, for the amount of One Thousand Nine Hundred Fifty-One and 75/100 Dollars ($1,951.75), payable to Commercial Seeding Contractors. Warrant No. 4027, for the amount of Nine Hundred Eighty-Two and no/100 Dollars ($982.00), payable to Ron Steiner. Warrant No. 4028, for the amount of One Hundred Twenty-Three and 44/100 Dollars($123.44), payable to Vierregger Electric Co. Warrant No. 4029, for the amount of Four Hundred Forty-One and 50/100 Dollars ($441.50), payable to SunCo. Warrant No. 4030, for the amount of Two Hundred and no/100 Dollars($200.00), payable to One Call Concepts, Inc. Warrant No. 4031, for the amount of Nine Hundred Twenty-One and 86/100 Dollars ($921.86), payable to Lamp Rynearson. Warrant No. 4032, for the amount of Two Hundred Seventy-Four and 30/100 Dollars ($274.30), payable to Port-A-Johns. Warrant No. 4033, for the amount of Three Thousand Four Hundred Twenty-Six and 70/100 Dollars ($3,426.70), payable to Pansing Hogan Ernst& Bachman LLP. Warrant No. 4034, for the amount of Five Hundred and no/100 Dollars ($500.00), payable to Metropolitan Utilities District, Account #112000308653. Warrant Nos. 4035 and 4036, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 4037, for the amount of Two Hundred Seventy and no/100 Dollars ($270.00), payable to Omaha Public Power District,Account#7724100090. Warrant No. 4038, for the amount of Two Hundred Thirty-Seven and 17/100 Dollars ($237.17), payable to Omaha Public Power District, Account#1988976018. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 427 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. 427 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 $10,000,000 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. 427 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. John Kuehl, of D.A. Davidson & Co, made a presentation regarding the debt of the District and in particular, outstanding bonds of the District. Mr. Kuehl indicated that there are opportunities for the Board, on the upcoming callable issues, to save almost $200,000.00 by refinancing such debt. The Board directed at the conclusion of such discussion, counsel for the District as well as D.A. Davidson & Co. to proceed with preparing the documentation for the refinancing with cash flow projections to be forwarded to the Board in advance of its next meeting. Mr. Kuehl also discussed with the Board the cash flow on the District's General Fund. It appeared that during the current calendar year all outstanding General Fund Warrants could be retired putting the District on a cash basis. The unusual expenditures in the General Fund were necessitated by street repairs and other related capital improvements. [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK— SIGNATURES APPEAR ON THE FOLLOWING PAGE] 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. Frederic A. Gottschalk, as Clerk for Sanitary and Improvement District No. 427 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 January 28, 2021 meeting. I b Fes✓•. Frederic A. Gottschalk, Clerk •