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2021-04-07 SID 442 MinutesCERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 442 of Douglas County, Nebraska, (the "District") and hereby further certify as follows : I. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript (the "Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full, true and complete copy of said journal, records and files which are set out therein . 2. Advance notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advance notice for the Meeting, including notice of agenda subjects, was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advance notice of the times and places of such meetings and the subjects to be discussed . 3 . All of the subjects addressed at the Meeting were contained in the agenda for the Meeting, which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting . 4 . A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials , for which actions are shown in said proceedings, was made available for examination and copying by members of the public at the Meeting. 5. The minutes of the Meeting were in written form and available for public inspection within ten (10) working days after the Meeting or prior to the next convened meeting , whichever occurred earlier, at the office of the District; within thirty (30) days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located . 6 . No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed, revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 442 OF DOUGLAS COUNTY, NEBRASKA HELD ON APRIL 7, 2021 The meeting of the Board of Trustees of Sanitary and Improvement District No. 442 of Douglas County , Nebraska was convened in open and public session at 11 :30 p.m. on April 7, 2021 by telephonic conference call. Present at the meeting were Trustees Keith Froscheiser, Curt Benson, Daren. Kanda and Nick Schwager. Also attending was John H. Fullenkamp, attorney for the District, E&A Consulting Group, engineer for the District and Kuehl Capital Corporation, fiscal agent and financial advisor for the District. The Chairman then stated that a copy of the Nebraska Open Meeting Laws was available for review and inspection and stated the location of said copy in the room in which said meeting was held. Notice of the meeting was given in advance thereof by publication in the Daily Record on March 24 and March 31 , 2021 a copy of the Proof of Publication being attached to these minutes. Notice of the 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. By e-mail response, each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned meeting and the agenda for the meeting. 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 Clerk then certified that notice of this meeting had been given to the City County Clerk of Omaha, Nebraska at least seven days prior to the time set by the Board of Trustees for this meeting and filed her Certificate to that effect, said Certificate being attached to these minutes and made a part hereof by this reference. The Clerk publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review at https ://nebraskalegislature.gov/laws/statutes as defined in Neb . Rev . Stat. § 84-1409. The Clerk then stated that pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver issued by Governor Pete Ricketts on January 11, 2021, the Board of Trustees for Sanitary and Improvement District No . 442 of Douglas County, Nebraska held their meeting at 11:30 a.m. on April 7, 2021, via telephonic means, which meeting was otherwise held in accordance with the Nebraska Open Meetings Act. The Chairman then presented the following statements for payment from the General Fund Account of the District and the Clerk was directed to attach a copy of said statement to these minutes: a) b) E&A Consulting group for engineering services. 155398 155399 $1,541.84 $1,668 .00 Utilities Service Group for 2021 sanitary sewer jetting. Inv. 14654 $3,209.84 $1,677.65 Total $4,887.49 Then, upon a motion duly made, seconded and upon a roll call vote of"aye" by the Trustees, the following Resolutions were unanimously adopted: RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 442 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrants of the District, dated the date of this meeting, to the following payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 7% per annum, Warrants No. 1277 and 1278 to be payable from the General Fund Account of the District and to be redeemed no later than three (3) years of the date hereof, being April 7, 2024. a) Warrant No. 1277 for $3,209.84 payable to E&A Consulting group for engineering services. b) Warrant No. 1278 for $1,677365 payable to Utilities Service Group for 2021 sanitary sewer jetting. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 442 of Douglas County, Nebraska the District hereby authorizes and directs the Chair 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 (the "Code"), pertaining to the General Fund Warrants; No opinion of nationally recognized counsel in the area of municipal finance has been delivered with respect to the treatment of interest on the General Fund Warrants. Purchasers of the General Fund Warrants are advised to consult their tax advisors as to the tax consequences of purchasing or holding the General Fund Warrants . The Clerk then announced that the last publication of the notice of this meeting, for the 2021 Park Improvements, was more than five days prior to the time set by the Board of Trustees for public hearing, as set forth in the Proof of Publication. The Clerk further announced that notice had been posted in three conspicuous places within the District and filed his Certificate to that effect, said Certificate being attached to these minutes and made a part hereof by this reference. The Clerk then stated that no petition opposing the Resolution of Necessity had been filed by any of the property owners neither within the District nor by any other person and no person appeared at the meeting or made any objections to the proposed Resolution of Necessity. The Chairman then presented the Affidavit of Publication for the Resolution of Necessity for the District to approve the 2021 Park Improvements, the same having been published on March 24 and March 31 , 2021. Then, upon a motion duly made and seconded, the Trustees then voted "aye"and passed and unanimously adopted the proposed Resolution of Advisability and Necessity,being the same Resolution adopted in form at the meeting of the Board of Trustees held on March 9, 2021, which Resolution is set forth in full in the Proof of Publication attached hereto; the Trustees then passed the following resolution: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No . 442 of Douglas County, Nebraska that the Resolution of Necessity for the 2021 Park Improvements, be and hereby is approved as proposed at the meeting of the Board of Trustees held on March 9, 2021 . FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No . 442 of Douglas County, Nebraska that in accordance with 2021 Park Improvements, the District would pay the amount of $421,300.00 of the District's Bond Fund to be issued in connection with the approval of this Resolution at these proceedings. {Signature page to the minutes on the following page} [Remainder of page left intentionally blank] SIGNATURE PAGE TO THE MINUTES OF THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 442, DOUGLAS COUNTY, HELD ON APRIL 7, 2021 There be ing no further business to come before the meeting , the meeting was adjourned . Chairman Clerk CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No . 442 of Douglas County, Nebraska hereby certifies that Notice of a Meeting of the Board of Trustees of said District held on April 7, 2021 was mailed to the City Clerk of Omaha at least seven days prior to the date of said meeting. The undersigned further certifies that the agenda for the meeting of the Board of Trustees of said District was prepared and available for public inspection at the address designed in the notice of meeting published in The Daily Record on March 24 and March 31, 2021 and that no items were added to the agenda after the commencement of the meeting; and further, that the minutes for the meeting were available for public inspection within ten (10) days of the date of said meeting and that a copy of the minutes of this meeting were sent to the City Clerk of Omaha, Nebraska within thirty days from the date of this meeting. Clerk CERTIFICATE The undersigned Clerk of Sanitary and Improvement District No. 442 of Douglas County , Nebraska does hereby certify that notice was posted in three conspicuous places within the District with regard to the Resolution of Necessity for 2021 Park Improvements. Clerk FULLENKAMP, JOBEUN, JOHNSON & BELLER, LLP 11440 WEST CENTER ROAD OMAHA, NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 442 OF DOUGLAS COUNTY, NEBRASKA NOTICE NOTICE IS HEREBY GIVEN that a meet- ing of the Board of Trustees of Sanitary and Improvement District No . 442 of Douglas County Nebraska will be held at 11:30 a.m. on April 7, 2021, which meeting will be open to the public via telephonic means (Join the meeting by calling +1 (408) 650- 3123, and Access Code 645-639-237), in person attendan ce is prohibited; pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver is- sued by Governor Pete Ricketts on January 11, 202 1, which meeti ng sha ll otherwise be held in aa::ordance with the Nebraska Open Meetings Act. An agenda for such meeting, kept contin- uously current is available for public inspection at 11440 West Center Road, Ste . C., Omaha, Nebraska, and includes the payment of bills of the District. BE IT RESOLVED that the Board ofTrustees of Sanitary and Improvement District No . 442 of Douglas County, Nebraska find and deter- mine that it is advisable and necessary for the District to construct an improvement within the boundaries of the District, which improvement shall be referred to as 2021 Park Improvements and shall be constructed as follows : 2021PARKJHPKOYEMENTS The work to be performed in this improve- ment shall consist of remov ing and disposing the existing park equipment, rubber surfacing with concrete base, sand, and adding a small play structure, large play structure, 2-bay swing set, accelerator swing , single spring rider, double spring rider, sand digger, rubber surfacing with concrete base, thickened edge around playground sidewalk, grading, seeding, and other work that is incidental and necessary for a completed improvement located within SID 442, Lot 201 Cedar Brook at the dead end of Nebraska Avenue . All of the improvements are located with in THE DAILY RECORD OF OMAHA JASONW. HUFF, Publisher PROOF OF PUBLICATION UNITED STATES OF AMERICA, The State of Nebraska, District of Nebraska, County of Douglas, City of Omaha, ELIZABETH WHITE being duly sworn, deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha, in said County of Douglas, for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD, of Omaha, on--------------- March 24 & 31 , 2021 That said Newspaper during that tim in general circulation in the County o GE NERAL NOTARY -State of Nebraska d ELLE N FREEMA N ...U~--~:::.._+~L::.,....,._,,,,.'F--:--::- My Comm . Exp e ember 11 , 202 tlri 31 st day of Publisher's Fee Additional Copies $ ____ _ Total Cedar Brook, SID 442 , within Douglas County, Notary Public in and for Douglas County, Nebraska . State of Nebraska ~..-,::::sb-::::::;___ ___ J _l - $132.53 The outer boundaries of the areas which --.1.---------------------------------may become subject to special assessment for said improvement are proposed to be the same as the outer boundaries of Sanitary and Improvement District No . 442 of Douglas County, Nebraska. Plans and Specifications for said improve- ment have been prepared by E&A Consulting Group, engineers for the District and said engi- neers have filed with the Oerk of the District, prior to the first publication of this Resolution, an estimate of the total costs of said im - provement, including engineering fees , legal fees, fiscal fees, interest and other miscella- neous costs, which estimate is in the sum of $421 ,300.00 . To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted ; said bonds to be called "Sanitary and Improvement District Bonds" and shall be payable and bear interest as provided by the Statutes of the State of Nebraska . The Board of Trustees shall assess to the extent of special benefits, the cost of such im- provements upon properties specially benefited thereby. All special assessments which may be levied upon the properties specially benefited by such improvements shall, when collected be set aside and constitute a sinking fund fo~ the payment of interest and principal of said bonds . The District shall also cause to be lev- ied annua ll y a tax upon the assessed value of all of the taxable property in the District ex- cept intangible property, which together with said sinking fund derived from special assess- ments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be pa yable annually in money. If a petition opposing this Resolution, signed by property owners representing a majOrity of the front footage which may become subject to assessment for the cost of the improvements as set forth herei n, is filed with the Clerk of the District within three (3) days before the date of the hearing on this Resolution, this Resolution shall not be passed . SANITARY AN D IMPROVEMENT DISTRICT NO . 442 OF DOUGLAS COUNTY, NEBRASKA By: Keith Froscheiser, Chairman Curt Benson, Clerk 3/24, 3/31 ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No. 442 of Douglas County, Nebraska do hereby acknowledge receipt of advance notice of a meeting Board of Trustees of said District and the agenda for such meeting held at 11: 3 0 a.m. on April 7, 2021, via telephonic means pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver. DA TED this 7th day of April 2021. ~"""'-~=----.c.------- ~4;/- Beth Hix From: Sent: To: Subject: Attachments: Subject: SID #442 Beth Hix Tuesday , Ap r il 6, 2021 10 :30 AM John Full en kamp ; Mark Johnson ; KCC Meeting Group; Bob Czerw insk i; Kri st i n La Mantia; Curt Benson (cbenson862@gmail.com); Daren Kanda ; Ke ith Froscheiser; Nick Schwager SID #442 Meet ing Reminder and Meet i ng Agenda SID #442 Meeting Agenda -Apr il 7, 2021 .pdf When: Wednesday, April 7, 202111:30 AM-12:30 PM This meeting will take place telephonically and not in person. The purpose of this meeting is to approve the Resolution of Necessity for 2021 Park Improvements. Dial in using your phone. United States: +l (408) 650-3123 Access Code: 645 -639-237 Thanks . RJLLENl<AMP JOBEUN JOHNSON& BELLER. llP 1 1440 West Center Road, Suite "C" Omaha, NE 68144 4 02-334-0700 This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited . If you have received this in error, please reply immediately to the sender and delete this message . Thank you. Circular 230 Disclosure: To ensure compliance w ith requirements imposed by the IRS, we i nform you that any U.S. tax advice conta i ned i n th is communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein . 1 Beth Hix From: Sent: Daren Kanda <darenkonda@hotmail.com> Wednesday, April 14, 2021 4:09 PM To: Beth Hix ; Nick Schwager Subject: Re : SID #442 Meeting Attendance -Please Respond Beth, I acknowledge attendance receipt of the notice and agenda prior to the meeting. I attended the meeting via telephone on April 7, 2021. Daren Kanda From: Beth Hix <beth@fjjblaw.com> Sent: Tuesday, April 13, 20211:35 PM To: Daren Kanda <darenkonda@hotmail.com>; Nick Schwager <nickschwager0288@gmail.com> Subject: SID #442 Meeting Attendance -Please Respond Hi All, Here is the email request for quorum purposes. If you could please respond accordingly, we would appreciate it. Pursuant to Executive Order No. 20-03 Corona Virus Public Meetings Requirement Limited Waiver issued by Governor Pete Ricketts on January 11, 2021, the Board of Trustees for Sanitary and Improvement District No. 442 of Douglas County, Nebraska held their meeting at 11:30 am on April 7, 2021, via telephonic means, which meeting was otherwise held in accordance with the Nebraska Open Meetings Act. By e-mail response to this correspondence, each of the Trustees hereby acknowledge advance receipt of notice for the aforementioned meeting and the agenda for the meeting. Thanks. Elizabeth M. Hix RJLlENJ<A.\o\P JOBHJ N JOHNSON& BELLER. UP 11440 West Center Road, Suite "C" Omaha, NE 68144 402-334-0700 This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you. 1 ' Douglas County SID #442 E & A Consulting Group, Inc. Engineering Answers 10909 Mill Valley Road, Suite 100 Omaha, NE 68154-3950 402.895.4700 c/o Mr. John Fullenkamp, Attorney 11440 West Center Road February 28 , 2021 Project No : Invoice No : Omaha, NE 68144 Project P1997 .160 .000 Phase Task 121 098 Professional Personnel Task Construction Technician Ill Totals Total Labor 130 Professional Personnel Technician I Totals Total Labor Task 440 Professional Personnel Task Administrative Assistant II Construction Technician I Total s Total Labor 492 Professional Personnel Construction Technician III Totals Total Labor Cedar Brook -132nd & Military -District Maintenance 2021 District Maintenance County EPA Report Culverts Repairs/Maintenance Sanitary Sewer Maintenance Hours 1.25 1.25 Hours 1.25 1.25 Hours .75 1.50 2.25 Hours .25 .25 Rate 105 .00 Amount 131.25 131.25 Total this Tad Rate 73 .00 Amount 91.25 91.25 Total this Tasi. Rate Amount 83.00 62 .25 82.00 123.00 185.25 Total this Tad Rate 105 .00 Amount 26 .25 26.25 Total this Tasl, Pl997.160 .000 155398 131.25 $131.25 91.25 $91.25 185.25 $185.25 26.25 $26.25 -------------------------------------------------· Task 532 rofessional Personnel Construction Technician I Street Repair Hours 3.00 Rate 82.00 Amount 246.00 ' .. Project P1997.160 .000 SID Manager IX Phase Unit Billing Mileage Totals Total Labor 999 Approved By: Robert Czerwinski 442 -Cedar Brook -DM Reimbursables 4.00 7.00 210.00 Total this TasJ. Total this Phase Total this Phase Total this Invoice Invoice 840.00 1,086.00 155398 1,086.00 $1,086.00 $1,520.00 21.84 $21.84 $1,541.84 Page2 Project Douglas County SID #442 c/o Mr. John Fullenkamp, Attorney 11440 West Center Road Omaha, NE 68144 P1997.160.054 E & A Consulting Group, Inc. Engineering Answers 10909 Mill Valley Road, Suite 100 Omaha, NE 68154-3950 402.895.4700 February 28, 2021 Project No: Invoice No : 442 -Cedar Brook in Omaha, NE-2021 Street Reconstruction Pl997.160.054 155399 Professional Services from January 18, 2021 to February 14, 2021 __________________________ . !_h~e-_____ o~ _ _ _ _ Project Management ____________________________ . Task 418 Professional Personnel Task EngineerV Technician V Totals Total Labor 532 Professional Personnel Administrative Assistant II Administrative Assistant III Technician I Totals Total Labor Approved By: Robert Czerwinski Project Management Hours 5.75 .50 6.25 Street Repair Hours 2.00 .50 7.50 10 .00 Rate Amount 148.00 851 .00 117.00 58.50 909.50 909.50 Total this Tad $909.50 Rate Amount 83.00 166.00 90.00 45 .00 73.00 547.50 758 .50 758.50 Total this Tad $758.50 Total this Phase $1,668.00 Total this Invoice $1,668.00 C ECEIVE · j MAR 09 2021 ~ UTILITIES SERVICE GROUP ·usG Bill To SID 442 Douglas County e/o E & A Consulting Group 10909 Mill Valley Rd ., Suite 100 Omaha, NE 68154 Description SEWER CLEANING -SEV{ER TELEVISING Jet/Vacuum. Truclcs -CCTV Tel evising 2.623 Center Street1 Omaha, NE 68105 P: (402) 342-3626 F: (402.) 342"""732.8 utilitiess ervicegroup. com P.O. No . Terms Net 30 Qty Rate Reference : Cedar Brook-Douglas County SID 442 -2021 Sanitary Sewer Jetting Location : Douglas County, NE 3/8/2021 Jet/Vae sanitary sewer system at SlD 442 as directed (2581 Lf) JET/V AC TRUCK (per LF) 2 ,581 Subtotal Dale 3/9/2021 0 .65 Sales Tax (0 .0%} Approved ~ E & A Consul irig Groui::,, Inc. Date: ~ Initials: ~~~l~:-No4-Gj =.cib Total Payments/Credits Balance Due Invoice I nvoice# 14654 Project SID 442 Douglas C ... A mount 1,677.65 $1,677.65 $0.00 $1,677.65 $0.00 $1 ,677.65 Sanitary and Improvement District No. 442 of Douglas County, Nebraska; Meeting to be held April 7, 2021. Trustees: Keith Froscheiser, Chairman & Compliance Officer Curt Benson, Clerk Daren Konda Nick Schwager Fund Balances: General Fund: Bond Fund: Outstanding Bonds : 2020/2021 Valuation: Levies: Bond Fund General Fund Total February 2021 $ 139,494.17 $ 132,085 .75 $1 ,500 ,000 (6/30 /2020) $30 ,354,600 ($0 growth) $118 ,382.94 $106 ,241.10 $224,624.04 AGENDA 1. Nebraska Open Meeting Act. $0.390000 $0.350000 $0.740000 April 1 st 2. Present statements , vote on and approve payment from the General Fund Account of the District for the following: a) b) E&A Consulting group for engineering services. 155398 155399 $1 ,541.84 $1 ,668.00 Utilities Service Group for 2021 sanitary sewer jetting. Inv . 14654 3 . Approve Resolution of Necessity for 2021 Park Improvements. 4. Other various items pertaining to the District. $3 ,209.84 $1,677 .65 Total $4,887.49