2021-09-13 SID 584 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 584
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 584 of Douglas
County, Nebraska, was convened in open and public session at 10:30 a.m. on the 13th day of September,
2021, at 10805 Old Mill Road, Omaha, Nebraska.
Present were: Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel.
Absent: Steven M. Menzies and Nathan Wells.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 6, 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. Upon roll call, all of the 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 in accordance with the provisions of Neb. R.R.S. Section 77-1632, the
publication concerning the Board of Trustees recommendation that the property tax request for tax year
2021-2022 be set at a different amount than the 2020-2021 tax request. It was further reported that no
person had appeared at the meeting in response to such hearing notice. The Clerk was directed to attach a
copy of such notice to the minutes of these proceedings.
After discussion and upon a motion duly made and seconded, and upon a roll call vote, the
Trustees, Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel voted "Aye"with none voting "Nay" with the
following resolution being thereby adopted and approved:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 584 of Douglas County, Nebraska, that it is advisable that the
property tax request for tax year 2021-2022 be set at a different amount
than the 2020-2021 tax request as set out in the proof of publication
attached hereto and incorporated herein by this reference, as follows:
1. The 2021-2022 property tax request be set at $226,382.00
($0.880001), broken down as follows:
Bond Fund $ -0- -$ -0-
General Fund $226,382.00-$0.880001
TOTAL $226,382.00-$0.880001
2. The total assessed value of property differs from last year's total
assessed value by-0-%.
3. The tax rate which would levy the same amount of property taxes
as last year, when multiplied by the new total assessed value of
property, would be$-0- per$100 of assessed value.
4. The District proposes to adopt a property tax request that will
cause its tax rate to be $0.880001 per$100 of assessed value, broken
down as follows:
Bond Fund $ -0- -$ -0-
General Fund $226,382.00-$0.880001
TOTAL $226,382.00-$0.880001
5. Based on the proposed property tax request and changes in other
revenue, the total operating budget of the District will increase or
decrease last year's budget by-0-%.
6. A copy of this resolution be certified and forwarded to the County
Clerk on or before October 13, 2021.
Upon a motion duly made and seconded, and upon a roll call vote, the Trustees, Jeffrey A. Silver,
Robert L. Stafford and Bart Emanuel voted "Aye"with none voting "Nay,"the meeting was adjourned.
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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.
Robert L. Stafford, as Clerk for Sanitary and Improvement District No. 584 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 September 13, 202 , eeting.
Robert L. Stafford, Clerk f
MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 584
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 584 of Douglas
County, Nebraska, was convened in open and public session at 10:35 a.m. on the 13th day of September,
2021, at 10805 Old Mill Road, Omaha, Nebraska.
Present were: Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel.
Absent: Steven M. Menzies and Nathan Wells.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 6, 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. Upon roll call, all of the 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.
It was next reported in accordance with the provisions of Neb. R.R.S. Section 13-501 through
13-513, the District's certified public accountants were directed to prepare a proposed budget and further that
the Clerk attended to the required publication of notice with regard to the budgetary hearing to be held by the
Board of Trustees. The Clerk had been directed to give the appropriate notices in accordance with the
Nebraska Budget Act and that a budgetary hearing for the District be held on the 13th day of September,
2021, at 10805 Old Mill Road, Omaha, Nebraska.
There was next presented the publication of this budgetary hearing as presented in the Daily Record.
It was next reported that such notice of the budgetary hearing along with a budget summary had been
published in accordance with law. A presentation of the budget was made and at least three (3) additional
copies of the budget were available for inspection. It was further reported that it appeared that no person had
appeared at the meeting in response to such notice of the budgetary hearing and the Clerk was directed to
attach a copy of such notice to the minutes of these proceedings.
After a lengthy discussion and upon a motion duly made and seconded, and upon a roll call vote, the
Trustees, Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel voted "Aye"with none voting "Nay"with the
following resolution being thereby adopted and approved:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 584 of Douglas County, Nebraska, that the budget hearing is hereby
adjourned.
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.
Robert L. Stafford, as Clerk for Sanitary and Improvement District No. 584 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 September 13, 2021, m ting.
'L ,t jkil
Robert L. Stafford, Clerk (/1
MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 584
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 584 of Douglas
County, Nebraska, was convened in open and public session at 10:45 a.m. on the 13th day of September,
2021, at 10805 Old Mill Road, Omaha, Nebraska.
Present were: Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel.
Absent: Steven M. Menzies and Nathan Wells.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 6, 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. Upon roll call, all of the 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.
Discussion was had concerning the budget hearing which was held immediately prior to this meeting.
After a lengthy discussion and upon a motion duly made and seconded, and upon a roll call vote, the
Trustees, Jeffrey A. Silver, Robert L. Stafford and Bart Emanuel voted "Aye"with none voting "Nay" with the
following resolution being thereby adopted and approved:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 584 of Douglas County, Nebraska, that the budget and tax levy as
tentatively set forth be adopted as the final budget and levy in accordance
with Exhibit"A" attached hereto and by this reference made a part hereof.
Further that the Clerk of the District be directed to file a copy of the adopted
budget with the levying board of the State Auditor's office as well as
certifying the levy to the Douglas County officials as well as attaching a
proof of publication to such adopted budget.
With the budget for the District having been adopted, it was then stated that it would be appropriate
at this time to levy the tax in accordance with the budget statement. After a full and complete discussion
and upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Jeffrey A.
Silver, Robert L. Stafford and Bart Emanuel voted "Aye" with none voting "Nay" thereby passing and
adopting the following resolution:
RESOLVED, that Sanitary and Improvement District No. 584 of Douglas
County, Nebraska, levy and collect for the year 2021-2022 a tax of
$0.880001 per One Hundred and no/100 Dollars ($100.00) actual
valuation of taxable property in the District, except intangible property, said
tax to be credited to the appropriate fund as indicated below:
$0.880001 on each One Hundred and no/100 Dollars ($100.00)
actual valuation to be credited to the General Fund of the District and
thereby collect$226,382.00 in taxes to be credited to this fund; and
$-0- on each One Hundred and no/100 Dollars ($100.00) actual
valuation to be credited to the Construction (Bond) Fund of the District and
thereby collect$-0- in taxes to be credited to this fund.
FURTHER RESOLVED, that the Clerk of this District be and hereby is
directed to deliver and file with the County Clerk of Douglas County,
Nebraska and the Auditor of Public Accounts, a copy of this resolution.
There were next presented various statements and invoices for payment by the District.
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Midlands Contracting, Inc., for Estimate No. 6 to the
contract for Sanitary Sewer and Storm Sewer, Section 1 (Heartwood Estates), in the amount of Two
Hundred Ten Thousand Seven Hundred Thirty-Seven and 83/100 Dollars ($210,737.83).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of MBC Construction, LLC, for Estimate No. 4 to the
contract for Paving, Section 1 (Heartwood Estates), in the amount of One Hundred Eight Thousand
Nine Hundred Ninety-One and 54/100 Dollars ($108,991.54).
There was next presented a statement from Pansing Hogan Ernst & Bachman, LLP, attorneys for
the District, for legal services rendered in construction-related matters, in the amount of Fifteen Thousand
Nine Hundred Ninety and no/100 Dollars ($15,990.00), and costs advanced in the amount of Six Hundred
Twenty-Five and 55/100 Dollars ($625.55); such statement being in the aggregate amount of Sixteen
Thousand Six Hundred Fifteen and 55/100 Dollars ($16,615.55).
The attention of the Board of Trustees was next directed to the fact that D.A. Davidson & Co.
("DAD") and First National Capital Markets, Inc. ("FNCM"), as Co-Underwriters for the District, will place
CONSTRUCTION FUND warrants in the aggregate amount of Three Hundred Thirty-Six Thousand Three
Hundred Forty-Four and 92/100 Dollars ($336,344.92) and that the contracted charge for such placement,
in accordance with the agreement adopted by the Board, is three percent (3%). Therefore, in accordance
with the underwriting contract, the Board recommended the issuance of warrants, as follows: (i) First
National Capital Markets, Inc. (1.5%) in the aggregate amount of Five Thousand Forty-Five and 17/100
Dollars ($5,045.17); and (ii) D.A. Davidson & Co. (1.5%) in the aggregate amount of Five Thousand Forty-
Five and 17/100 Dollars($5,045.17).
There was next presented a statement from Pansinq Hogan Ernst & Bachman LLP for legal
services rendered in general district matters from July 1, 2020 through June 30, 2021, in the amount of
Twelve Thousand Six Hundred Forty and no/100 Dollars ($12,640.00).
The attention of the Board of Trustees was next directed to the fact that D.A. Davidson & Co.
("DAD") and First National Capital Markets, Inc. ("FNCM"), as Co-Underwriters for the District, will place
GENERAL FUND warrants in the aggregate amount of Twelve Thousand Six Hundred Forty and no/100
Dollars ($12,640.00) and that the contracted charge for such placement, in accordance with the agreement
adopted by the Board, is three percent (3%). Therefore, in accordance with the underwriting contract, the
Board recommended the issuance of warrants, as follows: (i) First National Capital Markets, Inc. (1.5%)
in the aggregate amount of One Hundred Eighty-Nine and 60/100 Dollars ($189.60); and (ii) D.A. Davidson
& Co. (1.5%) in the aggregate amount of One Hundred Eighty-Nine and 60/100 Dollars($189.60).
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. 584 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 407 through 423 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 six percent (6%) per annum (interest to be payable
on May 1 of each year) and to be redeemed no later than September 13,
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. 407 through 414, for the amount of Twenty-Five
Thousand and no/100 Dollars ($25,000.00), and Warrant No. 415, for the
amount of Ten Thousand Seven Hundred Thirty-Seven and 83/100
Dollars ($10,737.83), payable to Midlands Contracting, Inc.
Warrant Nos. 416 through 419, each for the amount of Twenty-
Five Thousand and no/100 Dollars ($25,000.00), and Warrant No. 420, for
the amount of Eight Thousand Nine Hundred Ninety-One and 54/100
Dollars($8,991.54), payable to MBC Construction, LLC.
Warrant No. 421, for the amount of Sixteen Thousand Six
Hundred Fifteen and 55/100 Dollars ($16,615.55), payable to Pansing
Hogan Ernst& Bachman LLP.
Warrant No. 422, for the amount of Five Thousand Forty-Five and
17/100 Dollars ($5,045.17), payable to First National Capital Markets, Inc.
Warrant No. 423, for the amount of Five Thousand Forty-Five and
17/100 Dollars ($5,045.17), payable to D.A. Davidson & Co.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 584 of Douglas County, Nebraska, that the
Chairman and Clerk be and they hereby authorized and directed to
execute and deliver Warrant Nos. 424 through 428 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 September 13, 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 Nos. 424 and 425, each for the amount of Five Thousand
and no/100 Dollars ($5,000.00), and Warrant No. 426, for the amount of
Two Thousand Six Hundred Forty and no/100 Dollars ($2,640.00), payable
to Pansinq Hogan Ernst& Bachman LLP.
Warrant No. 427, for the amount of One Hundred Eighty-Nine and
60/100 Dollars ($189.60), payable to First National Capital Markets, Inc.
Warrant No. 428, for the amount of One Hundred Eighty-Nine and
60/100 Dollars ($189.60), payable to D.A. Davidson & Co.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 584 of Douglas County, Nebraska, that both they
and the District hereby find and determine and covenant, and warrant and
agree that(a)the facilities for which the above Warrants are issued are for
essential governmental functions and are designed to serve members of
the general public on an equal basis; (b) there are no persons with rights
to use said facilities other than as members of the general public; (c)
ownership and operation of said facilities is within the District or another
political subdivision; (d) none of the proceeds of the Warrants will be
loaned to any person and to the extent that special assessments have
been or are to be levied for any said facilities, 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 such facilities in the
District; (e) the development of the land in the District is for residential or
commercial use; (f) the development of the land in the District for sale and
occupation by the general public is proceeding with reasonable speed; and
(g) the District hereby authorizes and directs the Chairman or Clerk to file,
when due, an information reporting form pursuant to Section 149(e) of the
Internal Revenue Code of 1986 pertaining to the above Warrants.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 584 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. 584 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.
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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.
Robert L. Stafford, as Clerk for Sanitary and Improvement District No. 584 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 September 13, 2021 eting.
,.1)
I
Robert L. Stafford, Clerk i