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2021-10-05 SID 577 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 577 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 577 of Douglas County, Nebraska, was convened in open and public session at 9:00 a.m. on the 5th day of October, 2021, at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: John C. Allen, Jeanne D. Knox, Gerald L. Torczon, Doris J. Nicholson and Jeffery Torczon. Absent: None. Notice of the meeting was given in advance thereof by publication in The Daily Record on September 30, 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 by the undersigned presiding as Chairman. 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 correspondence from Lamp Rynearson, engineers for the District presenting and recommending payment in favor of Luxa Construction Company, Inc. for paving the connection at 222nd Street and I Street, in conjunction with the Westbury Farm Paving, Section 1 project, Invoice No. 2020080.10 in the amount of Thirty-One Thousand Six Hundred Sixty-One and 50/100 Dollars ($31,661.50). There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for the District for services rendered in construction-related matters in the amount of One Thousand Five Hundred Eighty-Five and no/100 Dollars($1,585.00). The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co. will purchase Thirty-Three Thousand Two Hundred Forty-Six and 50/100 Dollars ($33,246.50) in warrants at this time and that the contracted charge for such purchase of warrants is four percent (4%) or One Thousand Three Hundred Twenty-Nine and 86/100 Dollars ($1,329.86) in accordance with the financing agreement previously adopted by the Board. 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 as follows: (i) Invoice No. 7779 in the amount of Two Thousand Fifteen and no/100 Dollars ($2,015.00); and (ii) Invoice No. 7829 in the amount of Four Thousand Two Hundred and no/100 Dollars ($4,200.00); said statements being in the aggregate amount of Six Thousand Two Hundred Fifteen and no/100 Dollars ($6,215.00). There was next presented correspondence from Lamp Rynearson, engineers for the District presenting and,recommending payment in favor of Commercial Seeding Contractors for erosion control maintenance, Invoice No. 24889 in the amount of One Thousand Four Hundred Forty and no/100 Dollars ($1,440.00). There was next presented correspondence from Lamp Rynearson, engineers for the District presenting and recommending payment in favor of Jerry Jensen Construction Inc. for paving maintenance, Invoice No. 9 in the amount of Seventeen Thousand Nine Hundred Ninety-Eight and no/100 Dollars ($17,998.00). There was next presented a statement from M.J.A. Trucking, L.L.C. for clean-up and removal of mud from streets, Invoice No. 19746 in the amount of Two Hundred Seventy-Five and no/100 Dollars ($275.00). There were next presented statements from Boice Landscaping as follows: (i) Invoice No. 3740 in the amount of Two Thousand Seven Hundred Forty-Three and 48/100 Dollars ($2,743.48); (ii) Invoice No. 3746 in the amount of Five Hundred Forty and no/100 Dollars ($540.00); and (iii) Invoice No. 3767 in the amount of Three Thousand Three Hundred Ninety-Four and 14/100 Dollars ($3,394.14); said statements being in the aggregate amount of Six Thousand Six Hundred Seventy-Seven and 62/100 Dollars ($6,677.62). There was next presented a statement from Metropolitan Utilities District for service at the 21701 "F" Street location from August 13, 2021 through September 13, 2021 in the amount of Thirty-Nine and 82/100 Dollars ($39.82). The Board was reminded that an advance payment in the amount of Five Hundred and no/100 Dollars ($500.00) was made at the September 10, 2021 Board of Trustees meeting. The Board directed additional advance payment in the amount of One Hundred Fifty and no/100 Dollars ($150.00). There was next presented a statement from Metropolitan Utilities District for service at the 21901 "F" Street location from August 13, 2021 through September 13, 2021 in the amount of One Hundred Thirty- Five and 69/100 Dollars ($135.69). The Board was reminded that an advance payment in the amount of Five Hundred and no/100 Dollars ($500.00) was made at the September 10, 2021 Board of Trustees meeting. The Board directed additional advance payment in the amount of Two Hundred Fifty and no/100 Dollars ($250.00). There were next presented statements from Lamp Rynearson, engineers for the District, for miscellaneous engineering services rendered as follows: (i) through August 14, 2021, Invoice No. 0115133.90-0000049 in the amount of Two Thousand Two Hundred Forty-Eight and 83/100 Dollars ($2,248.83); and (ii) through September 11, 2021, Invoice No. 0115133.90-0000050 in the amount of Two Thousand One Hundred Sixty-Six and 14/100 Dollars ($2,166.14); said statements being in the aggregate amount of Four Thousand Four Hundred Fourteen and 97/100 Dollars ($4,414.97). The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co. will purchase Thirty-Seven Thousand Four Hundred Twenty and 59/100 Dollars ($37,420.59) in warrants at this time and that the contracted charge for such purchase of warrants is four percent (4%) or One Thousand Four Hundred Ninety-Six and 82/100 Dollars ($1,496.82) in accordance with the financing agreement previously adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to D.A. Davidson & Co. 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. 577 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 1476 through 1481 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 October 10 of each year) and to be redeemed no later than October 5, 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. 1476 through 1478, each for the amount of Ten Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1479, for the amount of One Thousand Six Hundred Sixty-One and 50/100 Dollars ($1,661.50), payable to Luxa Construction Company, Inc., Inv. 2020080.10. Warrant No. 1480, for the amount of One Thousand Five Hundred Eighty-Five and no/100 Dollars ($1,585.00), payable to Pansing Hogan Ernst& Bachman LLP. Warrant No. 1481, for the amount of One Thousand Three Hundred Twenty-Nine and 86/100 Dollars ($1,329.86), payable to D.A. Davidson & Co. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 577 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 1482 through 1495 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 seven percent(7%) per annum and to be redeemed no later than October 5, 20241, 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. 1482, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1483, for the amount of One Thousand Two Hundred Fifteen and no/100 Dollars ($1,215.00), payable to Royal Lawns Inc., Inv. 7779, 7829. Warrant No. 1484, for the amount of One Thousand Four Hundred Forty and no/100 Dollars ($1,440.00), payable to Commercial Seeding Contractors, Inv. 24889. Warrant Nos. 1485 through 1487, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1488, for the amount of Two Thousand Nine Hundred Ninety-Eight and no/100 Dollars ($2,998.00), payable to Jerry Jensen Construction Inc., Inv. 9. Warrant No. 1489, for the amount of Two Hundred Seventy-Five and no/100 Dollars ($275.00), payable to M.J.A. Trucking, L.L.C., Inv. 19746, Warrant No. 1490, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1491, for the amount of One Thousand Six Hundred Seventy-Seven and 62/100 Dollars ($1,677,62), payable to Boice Landscaping, Inv. 3740, 3746, 3767. Warrant No. 1492, for the amount of One Hundred Fifty and no/100 Dollars ($150.00), payable to Metropolitan Utilities District, Acct. 110000440545. Warrant No. 1493, for the amount of Two Hundred Fifty and no/100 Dollars ($250.00), payable to Metropolitan Utilities District, Acct. 110000440547. Warrant No. 1494, for the amount of Four Thousand Four Hundred Fourteen and 97/100 Dollars ($4,414.97), payable to Lamp Rynearson, Inv. 0115133.90-49, 50. Warrant No. 1495, for the amount of One Thousand Four Hundred Ninety-Six and 82/100 Dollars ($1,496.82), payable to D.A. Davidson & Co. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 577 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. 577 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. 577 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] 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. Jeanne D. Knox, as Clerk for Sanitary and Improvement District No. 577 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 October 5, 2021 meeting. J nr� D. Knox, Clerk