2021-12-07 SID 473 Minutes DEC 1 '21 Am :52
'_ityClerkOmahahaE-R WI MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO.473
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas
County, Nebraska, was convened in open and public session at 8:00 a.m. on the 7th day of December,
2021, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Dennis Nichols, Patrick Pierce, Amber Pierce, Lisa Juricek and Patricia Gooch.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
December 1, 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 Regency Center, 10250 Regency Circle, Suite 300,
Omaha, Nebraska 68114.
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.
Counsel for the District first presented the Certificate of Results of the Election from the Douglas
County Election Commissioner with respect to the District's election of September 14, 2021. Such
certificate indicated that Dennis Nichols, Amber Pierce, Lisa Juricek, Patrick Pierce and Patricia Gooch had
been elected to serve for a two (2) year term for the Board. It was indicated that each of such individuals
were owners or designees of owners of real estate within the District boundaries (as defined by Section 31-
727(3) Reissue Rev. Stat. of Neb. 1943) and, as a consequence, qualified to serve in such capacity. Each
individual being in attendance at the meeting indicated a willingness to accept the position of Trustee on the
Board.
Discussion was next had with respect to the outstanding matters of the District and the powers and
responsibilities of the Board in general. Discussion was also had with respect to the powers and
responsibilities of the positions of Chairman and Clerk of the District. Upon conclusion of such discussion,
the following roll call vote was taken during which the Trustees: Amber Pierce, Lisa Juricek and Patricia
Gooch voting "Aye", with none voting "Nay", and Dennis Nichols and Patrick Pierce abstaining, thereby
adopting and approving the following resolution:
RESOLVED, that Dennis Nichols be hereby elected to serve in the
capacity of Chairman for Sanitary and Improvement District No. 473 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
FURTHER RESOLVED, that Patrick Pierce be hereby elected to serve in
the capacity of Clerk for Sanitary and Improvement District No. 473 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
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 to the contract for Green Area Maintenance —
Landscapinq 2019 (Pine Creek), in favor of Royal Lawns Inc., as follows: (i) Estimate No. 28, in the
amount of One Thousand Three Hundred Ninety-Five and no/100 Dollars ($1,395.00), (ii) Estimate No.
29, in the amount of One Thousand Nine Hundred Sixty and no/100 Dollars ($1,960.00), and (iii) Estimate
No. 30, in the amount of One Thousand Nine Hundred Sixty and no/100 Dollars ($1,960.00); said
estimates being in the aggregate amount of Five Thousand Three Hundred Fifteen and no/100 Dollars
($5,315.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment to the contract for Green Area Maintenance — Mowing 2019
(Pine Creek), in favor of Royal Lawns Inc., as follows: (i) Estimate No. 19, in the amount of Two
Thousand Five Hundred Sixty-Two and 50/100 Dollars ($2,562.50), (ii) Estimate No. 20, in the amount of
Two Thousand Two Hundred Seventy and no/100 Dollars ($2,270.00), and (iii) Estimate No. 21, in the
amount of Two Thousand Fifty and no/100 Dollars ($2,050.00); said statements being in the aggregate
amount of Six Thousand Eight Hundred Eighty-Two and 50/100 Dollars($6,882.50).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of H&H Hausman, LLC, for grading and seeding of the
park area to the south of the school, Invoice #5743, in the amount of Fourteen Thousand Eight Hundred
Twenty-One and 78/100 Dollars ($14,821.78).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Skyline Sign Co., for the installation of"No Dumping"
signs in the future park area, Invoice dated September 21, 2021, in the amount of One Thousand
Seventy-Eight and 21/100 Dollars ($1,078.21).
There were next presented statements from One Call Concepts, Inc., for line locates within the
District, as follows: (i) Invoice#1090628, in the amount of Forty-Nine and 63/100 Dollars ($49.63), and (ii)
Invoice#1100621, in the amount of Thirty-Eight and 07/100 Dollars ($38.07); said statements being in the
aggregate amount of Eighty-Seven and 70/100 Dollars ($87.70). 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 FNIC, for renewal of general liability insurance,
Invoice #179806, in the amount of Two Thousand Two Hundred Eighty-Four and no/100 Dollars
($2,284.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Commercial Seeding Contractors, for clean up of
debris and concrete, Invoice #26056, in the amount of Seven Hundred Thirty and no/100 Dollars
($730.00).
There was next presented a statement from Lamp Rynearson, engineers for the District, for
services rendered in miscellaneous District maintenance matters through September 11, 2021, Invoice
#181, in the amount of Two Thousand Seven Hundred Eighty-Five and 17/100 Dollars ($2,785.17).
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 November 30, 2021, in
the amount of Six Thousand Seven Hundred Twenty and no/100 Dollars ($6,720.00), and costs advanced
in the amount of One Thousand Eighty and 83/100 Dollars ($1,080.83); said statement being in the
aggregate amount of Seven Thousand Eight Hundred and 83/100 Dollars ($7,800.83).
There were next presented statements from Omaha Public Power District, for Account No.
7027570510, from August 2, 2021 through November 1, 2021, in the aggregate amount of Seventeen
Thousand Four Hundred Fifty-Six and 76/100 Dollars ($17,456.76).
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. 473 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 6075 through 6092 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 December 7, 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. 6075, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 6076, for the amount of Three
Hundred Fifteen and no/100 Dollars ($315.00), payable to Royal Lawns
Inc. (Green Area Maintenance-Landscaping 2019)
Warrant No. 6077, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 6078, for the amount of One
Thousand Eight Hundred Eighty-Two and 50/100 Dollars ($1,882.50),
payable to Royal Lawns Inc. (Green Area Maintenance—Mowing 2019)
Warrant Nos. 6079 and 6080, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6081, for the
amount of Four Thousand Eight Hundred Twenty-One and 78/100 Dollars
($4,821.78), payable to H&H Hausman, LLC.
Warrant No. 6082, for the amount of One Thousand Seventy-Eight
and 21/100 Dollars($1,078.21), payable to Skyline Sign Co.
Warrant No. 6083, for the amount of Two Hundred and no/100
Dollars ($200.00), payable to One Call Concepts, Inc.
Warrant No. 6084, for the amount of Two Thousand Two Hundred
Eighty-Four and no/100 Dollars($2,284.00), payable to FNIC.
Warrant No. 6085, for the amount of Seven Hundred Thirty and
no/100 Dollars ($730.00), payable to Commercial Seeding Contractors.
Warrant No. 6086, for the amount of Two Thousand Seven
Hundred Eighty-Five and 17/100 Dollars ($2,785.17), payable to Lamp
Rynearson.
Warrant No. 6087, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 6088, for the amount of Two
Thousand Eight Hundred and 83/100 Dollars ($2,800.83), payable to
Pansing Hogan Ernst& Bachman LLP.
Warrant Nos. 6089 through 6091, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6092, for the
amount of Two Thousand Four Hundred Fifty-Six and 76/100 Dollars
($2,456.76), payable to Omaha Public Power District, Account
#7027570510.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 473 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. 473 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. 473 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.
There were next presented various receipts from Douglas County Treasurer representing deposits to
the District's bond fund, as follows: (i) refund of water main connections and pioneer contribution from
SID#563 from Metropolitan Utilities District, in the amount of Thirty-Four Thousand One Hundred Fourteen
and 51/100 Dollars ($34,114.51), (ii) refund of water pioneer main connection charges from Metropolitan
Utilities District, in the amount of Nine Thousand Three Hundred Twelve and 37/100 Dollars ($9,312.37), (iii)
refund of water pioneer main connection charges from Metropolitan Utilities District, in the amount of
Seventeen Thousand One Hundred Ninety-Two and 12/100 Dollars ($17,192.12), (iv) refund of accrued
interest to call date of warrants erroneously registered when cash was available, from Ameritas Investment
Company LLC, in the amount of Two Thousand Sixty-Two and 72/100 Dollars ($2,062.72), and (v)for right-
of-way access from Fiber Platform, LLC, in the amount of One Thousand Two Hundred Fifty and no/100
Dollars($1,250.00).
Discussion was next had concerning the plans and specifications for Paving Maintenance 2021
(Pine Creek) prepared by Lamp Rynearson, the consulting engineers for the District, for the cost of such
Seventy-Five and no/100 Dollars ($204,875.00). A copy of the engineer's estimates of the costs was
directed to be attached to the minutes of these proceedings. After discussion, the Trustees,
Dennis Nichols, Patrick Pierce, Amber Pierce, Lisa Juricek and Patricia Gooch voted "Aye"with none voting
"Nay," instructed the attorneys to prepare a Notice to Contractors to obtain bids for the project.
The Board discussed the proposed Interlocal Cooperation Agreement for the reconstruction of 16801
and State Street. Patrick Pierce wondered whether such was called for in the District's Subdivision
Agreement; it was indicated that there was no provision in the Subdivision Agreement for such work. The
Board discussed the need/benefit and the cash availability of the District and the cost of such Interlocal
Cooperation Agreement to the District. The Board observed that it deferred street maintenance necessary
as well as other common area maintenance issues which did not allow for unanticipated and unbudgeted
expenditures. Upon the conclusion of such discussion the Board decided unanimously not to proceed with
the Interlocal Cooperation Agreement at this time.
The Board also discussed entrance lighting at Ida Street and State Street; counsel for the District
was to review such with the developer and the District's engineers.
The Board reviewed the existing maintenance agreement with Royal Lawns. Questions were asked
about the scope of the work and the cost of enhancing the fertilization and broadleaf eradication measures.
Counsel was to discuss with Lamp Rynearson and report to the Board.
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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.
Patrick Pierce , as Clerk for Sanitary and Improvement District No. 473 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 December 7, 2021, meeting.
Patrick Pierce , Clerk