2021-09-15 SID 465 Minutes (3) MINUTES OF MEETING OF THE BOARD OF
TRUSTEES OF SANITARY & IMPROVEMENT DISTRICT NO. 465
OF DOUGLAS COUNTY, NEB S •
A meeting of the Board of Trustees of Sanitary&Improvement District No. 465 of Douglas
County, Nebraska, was convened in open and public session at 5:40 p.m., following the Special
Meeting on Wednesday, September 15,2021,at 14747 California Street,Suite 2,Omaha,Nebraska.
Present were the following Trustees: Blake Grooters, Clifford Dillon,Jason Carbee,Midge Clark
and Scott Holder. Also present were Robert F. Peterson and Klancy M. Peterson, Co-Counsel for
the District; Ryan Bertucci of Kuehl Capital Corporation,fiscal agent for the District;and Ed Hobza,
engineer for the District. Notice of the meeting was given in advance thereof by publication in The
Daily Record on September 9, 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 to the Trustees of this meeting is attached
hereto. All proceedings of the Board were taken while the convened meeting was open to the
attendance of the public.
The Clerk 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.
Ryan Bertucci presented a snapshot report of the financial status of the District and noted that
the General Fund had cash and investments of $112,338.19 on hand and the Bond Fund had
$134,424.11 on hand. He inquired if any improvements were being considered and was advised that
street reconstruction may be necessary based upon an inspection done by GPRS that revealed some
voids under the street. The Board also advised him that engaging a trash contractor for trash service
was being considered. Upon review of the other budget items,Ryan Bertucci said he felt the budget
would be adequate.
No person appeared to present support, opposition, criticism, suggestions or observations
relating to the proposed budget and tax levy.
The Clerk stated that the Board should now vote on the proposed budget.
The Trustees discussed at length the status of the District's streets and the probable expense
of repair. They decided to maintain the levy in the general fund to meet the expense.
After full discussion,and upon motion being duly made by Blake Grooters and seconded by
Clifford Dillon was adopted:
BE IT RESOLVED, that the published budget statement for this
District which is attached to the minutes of this meeting be, and
hereby is, adopted as the budget of this District.
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BE IT FURTHER RESOLVED, that the Clerk be, and is hereby
authorized and directed to file copies of the adopted budget statement
with the County Clerk of Douglas County, Nebraska, and with the
auditor of Public Accounts of the State of Nebraska.
After full discussion and upon motion made and seconded, with all Trustees present voting
"aye" and with no Trustees voting "nay", the following Resolution was adopted:
BE IT RESOLVED, by the Board of Trustees of Sanitary & Improvement
District No. 465 of Douglas County,Nebraska,has given the proper four(4)
day published notice of hearing on the proposed budget.
1. That the proposed levy of 170 to the General Fund and that the
proposed levy of 180 in the Bond Fund for each $100.00 of actual
valuation is adopted and shall be made upon all taxable property
within the District, except intangible property, which levy totals
$88,051.18 to the General Fund and$93,230.66 to the Bond Fund,for
a total levy and tax of 350 for each $100.00 of actual valuation and
$181,281.84 in property taxes.
2. That the Clerk of the District is hereby directed to certify said total
levy to the County Clerk of Douglas County,Nebraska, and to file a
copy of such certification with the Auditor of Public Accounts of the
State of Nebraska on or before September 20, 2021.
The Chairman recognized Ed Hobza, an engineer with TD2, engineers for the District. Mr.
Hobza was present to discuss the results of the street scanning done by GPRS, Inc. and reviewed
their report of August 25,2021. Mr.Hobza indicated that the results of the scan showed no voids on
Cleveland or Wirt Streets, but voids were detected on Cottonwood Circle,Binney Circle and Pearl
Circle. The difficulty Mr. Hobza had in interpreting the scanning results was that the extent of the
voids under the street could not be detected. He felt the most efficient way to address the voids was
to have mud jacking inserted into the voids to fill those voids. He stated that Midwest Mudjacking
has done extensive work within the City of Omaha and surrounding municipalities, and he would
recommend using that entity if the Trustees determined to do mud jacking. He also said that they
need two to three weeks' lead time, as they are backed up to that extent. He stated that the mud
jacking rates are$250 per hour and materials at$110 per yard. The Trustees asked if that was going
to be a solution or if the streets would continue to wash out under the pavement. Mr. Hobza felt that
the mud jacking was the best solution and would be much cheaper than pulling up street panels to
ascertain the extent of the undeiniining. After extensive discussion,Blake Grooters suggested that
Midwest Mudjacking be engaged to do work on the areas where Mr. Hobza felt were the most
critical. Mr. Grooters suggested that the Board authorizes up to$19,500 of work to deteiiiiine if the
mud jacking would fill some of the voids. Mr. Hobza stated that the mud jacking would go
wherever the voids are,whether up or down the streets,and if there is a substantial void,they would
know just by the quantity of the mud that is inserted under the streets. Motion was made by Blake
Grooters and seconded by Clifford Dillon to direct Mr. Hobza to have Midwest Mudjacking begin
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work on the streets, but that they are not allowed to exceed work greater than $19,500 without
further authorization of the Board. All Trustees voted "aye" and the following Resolution was
adopted:
BE IT RESOLVED by the Trustees of Sanitary and Improvement District No.465 of
Douglas County, Nebraska, that Midwest Mudjacking be and hereby is engaged to
perform mud jacking services in Cottonwood Circle, Binney Circle and Pearl Circle
in an amount not to exceed $19,500.
Mr. Hobza was asked about the status of the streets other than where the mud jacking is
suggested and he noted that the streets are mostly in good shape and most of the work done in the
street reconstruction project had been completed. He is waiting for the contractor to advise that he is
done so that the contract can be closed out. Cunently,there are still a few minor items that need to
be completed by the street reconstruction contractor so Mr. Hobza will not close that contract.
Blake Grooters then noted that there are some other matters he wants the engineer to address,
which include painting of the park sign. Mr. Grooters directed the engineer to coordinate painting of
that sign, as the paint is currently peeling and he feels the having the sign painted will preserve it.
Mr. Grooters also indicated that there are "No Parking" signs on the streets that need to be
replaced because they are fading. He stated that the signs are on the east side of Piney Creek Drive
and, because they are faded, some traffic issues are created because people are ignoring the signs and
parking on the streets. All Trustees were in agreement and Mr. Hobza was requested to have the
"No Parking" signs replaced which are faded and no longer effective.
The Trustees then reviewed the proposal from Papillion Sanitation for trash collection
services within the District. The Trustees felt that having one trash contractor would be beneficial to
the District particularly because of the continuing street maintenance that is required and having only
one contractor in there would perhaps help save the streets. The proposal dated July 23,2021,was
reviewed,which provided for two-gallon carts for weekly pick up and one for every other week pick
up at the rate of$22.95 per home. It was felt that this was beneficial and in the best interest of the
District and, upon motion duly made by Jason Carbee and seconded by Scott Holder, all Trustees
present voted "aye" and the following Resolution was adopted:
BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District
No.465 of Douglas County,Nebraska,that the proposal from Papillion Sanitation be
and hereby is accepted and Papillion Sanitation be and hereby is engaged to perform
trash services within the District.
Counsel was directed to contact Papillion Sanitation and coordinate the timing. It was also
noted that notice will be required to the residents as to when the service will start and how the
residents will be notified. Counsel stated that he does have a list of the property owners within the
District based upon the last election and could utilize that as a way to notify the residents. The
Trustees directed counsel to notify Papillion Sanitation and to coordinate notice to the residents.
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Counsel then presented a Notice of Change of the Dissemination Agent from the District
from UMB Bank to SID Services. The Notice was signed by the Chairman and it will be sent to the
past and current dissemination agents.
Counsel then advised that he had received the Public Officers' liability policy and that it
would continue through the next fiscal year of the District.
The Chairman then presented the following items for consideration by the Board:
1. Invoices #138171 and #138172 from The Daily Record dated 9/9/21 in the
amounts of $65.30 and $31.70 for publication of the 9/15/2021 meeting
notices, totaling $97.00.
2. Invoice #406128 from GPRS dated 7/7/21 in the amount of$2,700.00 for
ground-penetrating radar systems performed.
3. Invoice#2521 from Kuehl Capital Corporation dated 7/21/21 in the amount
of$10,500.00 for financial advisor/fiscal agent services for fiscal year 2021-
2022.
4. Invoices from Omaha Public Power District dated 6/29/21, 7/29/21, and
8/30/21 showing the total amount due to be $932.86, and counsel suggests
paying forward 2 months at $1,868.52, totaling$2,801.38.
5. Invoice from One Call Concepts, Inc. dated 7/31/21 in the amount of$8.08
and Invoice dated 8/31/21 in the amount of $5.77 for a total of $13.85.
[which costs were advanced by Peterson & Foster Law].
6. Two Invoices from Thompson, Dreessen& Dorner, Inc. dated 7/21/21, and
Two Invoices dated 8/19/21, for a total amount due of$1,169.85.
7. Payment Recommendation No. 5 for 2021 Park Maintenance of TD2 dated
7/7/21 in the amount of$4,064.00 due to Alexander Landscape, Inc., and
Payment Recommendation No. 6 dated 9/8/21 for 2021 Park Maintenance of
TD2 in the amount of$969.00 due to Alexander Landscape, Inc., totaling
$5,033.00.
8. Invoice from Enfield's Tree Service, Inc. dated 7/24/21 in the amount of
$96.30.
9. Invoice from Stanek Construction dated 9/6/21 to install "No Parking
Anytime" sign in the amount of$150.00.
10. Invoice from Core Bank dated 6/1/2019 for annual administrative fee
showing a past due balance of$500.00.
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11. Invoice from UMB Bank dated 6/28/21 for fees due in the total amount of
$750.00.
12. Invoice from Peterson & Foster Law dated 9/7/21 in the amount of
$3,480.21.
After a full discussion and upon a motion being duly made by Clifford Dillon and seconded
by Scott Holder, with all Trustees voting"aye" and no one voting"nay",the following Resolution
was adopted:
RESOLVED,by the Board of Trustees of Sanitary and Improvement District
No. 465 of Douglas County,Nebraska, that the Chairman and Clerk be and
they hereby are authorized and directed to execute and deliver the following
warrants of the District, dated the date of this meeting, to the following
payees and in the following amounts, with said Warrants to be drawn on the
General Fund of the District and to draw interest at the rate of 6%per annum
and to be redeemed no later than September 15,2024,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:
1. WARRANT NO. 1098-G payable to The Daily Record in the amount of
$97.00.
2. WARRANT NO. 1099-G payable to GPRS in the amount of$2,700.00.
3. WARRANT NO. 1100-G payable to Kuehl Capital Corporation in the
amount of$10,500.00.
4. WARRANT NO. 1101-G payable to Omaha Public Power District in the
amount of$2,801.38.
5. WARRANT NO. 1102-G payable to Thompson,Dreessen&Dorner,Inc.in
the amount of$1,169.85.
6. WARRANT NO. 1103-G payable to Alexander Landscape, Inc. in the
amount of$5,033.00.
7. WARRANT NO. 1104-G payable to Enfield's Tree Service, Inc. in the
amount of$96.30.
8. WARRANT NO. 1105-G payable to Stanek Construction in the amount of
$150.00.
9. WARRANT NO. 1106-G payable to Core Bank in the amount of$500.00.
5
10. WARRANT NO. 1 107-G payable to UMB Bank in the amount of$750.00.
11. WARRANT NO. 1108-G payable to Peterson&Foster Law in the amount of
$3,480.21.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 465 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
Chairman 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.
BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary
and Improvement District No.465 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
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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.
BE IT FURTHER RESOLVED,by the Board of Trustees of Sanitary
and Improvement District No.465 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) 10%
of the net principal proceeds of the above Warrants,(b)the maximum
annual debt service due on the above Warrants, or (c) 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 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 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.
7
There being no further business to come before the meeting, the same was adjourned.
i.z -,,,< ..(/
Blake Grooters,Chairman
a/A-4 e&----.04,,
Clifford Dillon, Clerk
________z__
Jason Carbee, Trustee
Midge ark, Trustee
Scott Holder, Trustee
8
ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING
The undersigned Trustees of Sanitary and Improvement District No.465 of Douglas County,
Nebraska, hereby acknowledge receipt of advance notice of a meeting of the Board of Trustees of
said District and the agenda for such meeting held September 15, 2021, at 5:15 p.m. at 14747
California Street, Suite 2, Omaha,Nebraska.
Dated this 15th day of September, 2021.
Blake Grooters, Chairman
CA f)1---al.
Clifford Dillon, Clerk
ason Carbee, Trustee
Midg C k, Trustee
Scott Holder, Trustee
9
CERTIFICATE
STATE OF NEBRASKA )
) ss:
COUNTY OF DOUGLAS )
SANITARY AND
IMPROVEMENT
DISTRICT NO. 465
I,the undersigned, Clerk for Sanitary and Improvement District No. 465 of Douglas County,
Nebraska,hereby certify that all of the subjects included in the attached proceedings were contained
in the agenda for the meeting of September 15, 2021, kept continually current and available for
public inspection at the office of the Clerk; that such subjects were contained in said agenda for at
least 24 hours prior to said meeting;that the minutes of the Chairman and Board of Trustees of the
District, from which the foregoing proceedings have been extracted were in written form and
available for public inspection within ten working days and prior to the next convened meeting of
said body; that all news media requesting notification concerning meetings of said body were
provided advance notification of the time and place of said meeting and the subjects to be discussed
at said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of September, 2021.
4;)
rz •
Cliffoi4bi1lon, Clerk
10
CERTIFICATE OF NOTICE
STATE OF NEBRASKA )
) ss:
COUNTY OF DOUGLAS )
I hereby certify that I am the duly qualified and acting Clerk of Sanitary and Improvement
District No.465 of Douglas County,Nebraska,and that not less than seven(7)days prior to the date
set for this meeting of the Board of Trustees of this District,a Notice was sent to the Douglas County
Clerk, Omaha, Nebraska, the municipality or county whose zoning jurisdiction this District is
located, notifying said Clerk of this meeting.
Dated this 15'1' day of September, 2021.
Cliffo d illon, Clerk
11
CERTIFICATE
The undersigned hereby certify that they are the Chairman and Clerk of Sanitary and
Improvement District Number 465 of Douglas County,Nebraska,(the"District")and hereby further
certify as follows:
1. 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 infoinied 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 foiiii 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.
1 2
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.
IN WITNESS WHEREOF,we have hereunto affixed our official signatures this 15th day of
September, 2021.
41/6-
Blake Grooters, Chairman
Cf-e
Cliffo cl Dillon, Clerk
13
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