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2022-01-20 SID 562 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO, 562 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No, 562 of Douglas County, Nebraska, was convened in open and public session at 8:30 a.m. on the 20th day of January, 2022, at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: Dennis Van Moorleghem, Steven Janicek, Jerry Standerford and Robert L. Greene. Also present were John Q. Bachman, attorney for the District and Bob Czerwinski of E & A Consulting Group, Inc., engineers for the District. Absent: Gerald L. Torczon. Notice of the meeting was given in advance thereof by publication in The Daily Record on January 6 and 13, 2022, 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 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. The meeting was called to order by the undersigned presiding as Chairman. The Clerk first certified that notice of this meeting regarding the Subdivision Agreement concerning the Falling Waters (Lots 348—429 and Outlot"H") project had been posted in three (3) conspicuous places within the District with the Clerk causing to be filed a Certificate to that effect with a copy of the notice attached thereto, such notice being attached to the minutes of these proceedings and by this reference made a part hereof. The Clerk next stated that no petition opposing the proposed Resolution of Necessity and Advisability had been filed by the property owners within the District or by any other person or entity and that no person appeared at the meeting or made any objections to the proposed Resolution of Advisability and Necessity with such being the same resolution adopted in form at the meeting of the Board of Trustees held on December 3, 2021, which resolution is set forth in its entirety in the proof of publication attached hereto and by this reference incorporated herein. After discussion of the Board, the following resolution was duly moved and seconded and upon a roll call vote the Trustees, Dennis Van Moorleghem, Steven Janicek, Jerry Standerford and Robert L. Greene, voted "Aye" with none voting "Nay" thereby passing and adopting the following resolution: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 562 of Douglas County, Nebraska, that the Resolution of Necessity and Advisability regarding the Subdivision Agreement concerning the Falling Waters (Lots 348 — 429 and Outlot "H") project be ratified and approved as proposed. FURTHER RESOLVED, that the Chairman and Clerk be, and hereby are, authorized and directed to take such steps as are necessary to implement this resolution, including the execution of such agreement for and on behalf of the District. There were next presented miscellaneous bills, invoices, statements, and recommendations for the Board's consideration. The Board was next reminded that in connection with the resolution of necessity adopted herein, there was due and owing to the City of Omaha as follows: (i) community park fees the amount of Nine Thousand Two Hundred Ninety-Two and no/100 Dollars ($9,292,00); and (ii) one percent administrative fee for Lots 348— 429, inclusive the amount of Twelve Thousand Thirty and no/100 Dollars ($12,030.00); said fees being in the aggregate amount of Twenty-One Thousand Three Hundred Twenty-Two and no/100 Dollars ($21,322.00). The Board was further reminded that in connection with the resolution of necessity adopted herein, there was due and owing to Sarpy County School District 77-0037 (Gretna Public Schools) for the District's share of the improvement costs for"Z" Street, the amount of Seven Hundred Thousand and no/100 Dollars ($700,000.00). There was next presented correspondence from E & A Consulting Group, Inc., engineers for the District, presenting and recommending payment in favor of Thiele Geotech Inc. for testing services in connection with the Storm Sewer & Paving System — 2021 (Falling Waters) project as follows: (i) Invoice No. 75305 in the amount of Five Hundred Fifty-One and no/100 Dollars ($551.00); and (ii) Invoice No. 75574 in the amount of One Thousand Nine Hundred Ninety-Four and no/100 Dollars ($1,994.00); said statements being in the aggregate amount of Two Thousand Five Hundred Forty-Five and no/100 Dollars ($2,545.00). There was next presented correspondence from E & A Consulting Group, Inc., engineers for the District, presenting and recommending payment in favor of Utilities Service Group for testing services in connection with the Storm Sewer& Paving System—2021 (Falling Waters) project, Invoice No. 15251 in the amount of One Thousand Six Hundred Seven and 04/100 Dollars($1,607.04). There were next presented statements from E &A Consulting Group, Inc., engineers for the District for services rendered in construction-related matters as follows: (i) from October 18, 2021 through November 14, 2021, Invoice No. 159060 in the amount of Nineteen Thousand Seven Hundred Seventy-Six and 56/100 Dollars ($19,776.56); and (ii) from November 15, 2021 through December 12, 2021, Invoice No. 159575 in the amount of Five Thousand Three Hundred Forty-Nine and 30/100 Dollars ($5,349.30); said statements being in the aggregate amount of Twenty-Five Thousand One Hundred Twenty-Five and 86/100 Dollars($25,125.86). 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 Thirty-Seven Thousand Five Hundred Thirty and no/100 Dollars ($37,530.00). There was next presented correspondence from D.A. Davidson & Co. requesting the District to issue warrants payable to D.A. Davidson & Co. in the total amount of One Hundred Twenty-Five Thousand Five Hundred Twenty-Six and 19/100 Dollars ($125,526.19). After a full and complete discussion and upon a motion duly made and seconded, and upon a roll call vote, the Trustees, Dennis Van Moorleghem, Steven Janicek, Jerry Standerford and Robert L. Greene voted "Aye" with none voting "Nay" with the following resolution being thereby adopted and approved: RESOLVED, that the Board of Trustees of Sanitary and Improvement District No. 562 of Douglas County, Nebraska, find and determine that on February 10, 2022, there will be due and payable interest on the construction fund warrants for the District in the amount of One Hundred Twenty-Five Thousand Five Hundred Twenty-Six and 19/100 Dollars ($125,526.19) and that to pay such interest it is advisable to authorize the issuance of warrants to be drawn from the District's construction fund payable to D.A. Davidson & Co. FURTHER RESOLVED, that the following warrants, to be drawn on the construction fund of the District, draw interest at the rate of six percent (6%) from the date of presentation until paid; such interest to be payable on February 10 of each year and such warrants shall be due and payable on January 20, 2027 (unless redeemed prior to such date), subject to extension of such maturity date by order of the District Court of Douglas County, Nebraska, after notice as required by law, to be issued as follows: WARRANT NO. AMOUNT 1833 $10,000.00 1834 10,000.00 1835 10,000.00 1836 10,000.00 1837 10,000.00 1838 10,000.00 1839 10,000.00 1840 10,000.00 1841 10,000.00 1842 10,000.00 1843 10,000.00 1844 10,000.00 1845 5,526.19 FURTHER RESOLVED, that the County Treasurer of Douglas County, Nebraska, the ex officio Treasurer of the District is hereby directed and authorized on February 10, 2022, to pay the interest due on the construction warrants of the District and is hereby directed that such proceeds of the above warrants hereby are authorized and may only be used for the payment of such specified interest. FURTHER RESOLVED, that the Chairman and Clerk be, and they hereby are authorized and directed to execute such warrants on behalf of the District and deliver the same, along with a copy of this and the preceding resolutions to the County Treasurer of Douglas County, Nebraska, the ex officio Treasurer of the District. The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co. will purchase Nine Hundred Thirteen Thousand Six Hundred Fifty-Six and 09/100 Dollars ($913,656.09) in warrants at this time and that the contracted charge for such purchase of warrants is four percent (4%) or Thirty-Six Thousand Five Hundred Forty-Six and 24/100 Dollars ($36,546.24) 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 Clerk next directed the attention of the Board of Trustees to the fact that Municipal Capital Advisors, LLC will purchase Nine Hundred Thirteen Thousand Six Hundred Fifty-Six and 09/100 Dollars ($913,656.09) in warrants at this time and that the contracted charge for such purchase of warrants is one percent (1%) or Nine Thousand One Hundred Thirty-Six and 56/100 Dollars ($9,136.56) in accordance with the municipal advisory services agreement previously adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to Municipal Capital Advisors, LLC. The Clerk next presented to the Board the final estimate with regard to 2022 Street Reconstruction (Falling Waters) and its installation by S&S Trenching, which recommended that a final and complete payment be made in the total amount of Thirty-Two Thousand Six Hundred Eight and 75/100 Dollars ($32,608.75)with such being final payment and the final estimate for work completed on such project. Upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Dennis Van Moorleghem, Steven Janicek, Jerry Standerford and Robert L. Greene voted "Aye" with none voting "Nay" thereby passing and adopting the following resolution: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 562 of Douglas County, Nebraska, that the District's project entitled 2022 Street Reconstruction (Falling Waters) be accepted as completed in accordance with recommendation of the District's engineers, E & A Consulting Group, Inc. and that final payment be made in the following scheduled amount: Contractor Amount S&S Trenching $32,608.75 There were next presented statements from Royal Lawns Inc. as follows: (i) Invoice No. 7930 in the amount of Two Hundred Five and no/100 Dollars ($205,00); and (ii) Invoice No. 7968 in the amount of One Thousand Thirty-Five and no/100 Dollars ($1,035.00); said statements being in the aggregate amount of One Thousand Two Hundred Forty and no/100 Dollars ($1,240.00). There was next presented a statement from Boice Landscaping, Invoice No. 3825 in the amount of Three Hundred Forty-Five and no/100 Dollars ($345.00). There was next presented a statement from H & H Hausman, LLC for seeding, Invoice No. 5891 in the amount of Four Thousand Nine Hundred Thirty-Three and 92/100 Dollars ($4,933.92). There was next presented a statement from Signature Advertising & Display, Inc. for temporary street signs, Invoice No. 12042 in the amount of Two Thousand Four Hundred Fifteen and 95/100 Dollars ($2,415.95). There was next presented a statement from Backlund Plumbing for manhole jetting, Invoice No. 131125 in the amount of Two Thousand and no/100 Dollars ($2,000.00). There was next presented a statement from Commercial Seeding Contractors for erosion blanket seeding, Invoice No. 26236 in the amount of One Thousand Two Hundred One and 25/100 Dollars ($1,201.25). There were next presented statements from the Douglas County Engineer for stop sign repairs as follows: (i) at 198th and Polk Street, invoice dated November 24, 2021 in the amount of Two Hundred Eleven and no/100 Dollars ($211.00); and (ii) at 200th and Polk Street, invoice dated December 22, 2021 in the amount of Two Hundred Eleven and no/100 Dollars ($211.00); said statements being in the aggregate amount of Four Hundred Twenty-Two and no/100 Dollars ($422.00). There was next presented a statement from FNIC for chairman surety bond renewal, Invoice No, 182087 in the amount of One Hundred Seventy and no/100 Dollars($170.00). There were next presented statements from E & A Consulting Group, Inc. for miscellaneous engineering services rendered as follows: (i) from September 13, 2021 through October 17, 2021 for District maintenance, Invoice No, 158871 in the amount of Two Thousand Six Hundred Thirty and 42/100 Dollars ($2,630.42); (ii) from September 13, 2021 through October 17, 2021 for 2022 Street Reconstruction, Invoice No. 158872 in the amount of Forty-Two and 72/100 Dollars ($42.72); (iii) from October 18, 2021 through November 14, 2021 for District maintenance, Invoice No. 159359 in the amount of Two Thousand One Hundred Twenty-Six and 63/100 Dollars ($2,126.63); and (iv) from October 18, 2021 through November 14, 2021 for 2022 Street Reconstruction, Invoice No. 159360 in the amount of Seventy-Five and 76/100 Dollars ($75.76); said statements being in the aggregate amount of Four Thousand Eight Hundred Seventy-Five and 53/100 Dollars ($4,875.53). The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co. will purchase Fifty Thousand Two Hundred Twelve and 40/100 Dollars ($50,212.40) in warrants at this time and that the contracted charge for such purchase of warrants is four percent (4%) or Two Thousand Eight and 49/100 Dollars ($2,008.49) 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 Clerk next directed the attention of the Board of Trustees to the fact that Municipal Capital Advisors, LLC will purchase Fifty Thousand Two Hundred Twelve and 40/100 Dollars ($50,212.40) in warrants at this time and that the contracted charge as municipal advisor is one percent (1%) or Five Hundred Two and 12/100 Dollars ($502.12) in accordance with the municipal advisory services agreement previously adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to Municipal Capital Advisors, LLC. 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. 562 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 1751 through 1850 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 February 10 of each year) and to be redeemed no later than January 20, 2027, 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. 1751 and 1752, each for the amount of Ten Thousand and no/100 Dollars ($10,000,00), and Warrant No. 1753 for the amount of One Thousand Three Hundred Twenty-Two and no/100 Dollars ($1,322.00), payable to the City of Omaha. Warrant Nos. 1754 through 1823, each for the amount of Ten Thousand and no/100 Dollars ($10,000.00), payable to Sarpy County School District 77-0037 (Gretna Public Schools). Warrant No. 1824, for the amount of Two Thousand Five Hundred Forty-Five and no/100 Dollars ($2,545.00), payable to Thiele Geotech Inc., Inv. 75305, 75574. Warrant No. 1825, for the amount of One Thousand Six Hundred Seven and 04/100 Dollars ($1,607.04), payable to Utilities Service Group, Inv. 15251. Warrant Nos. 1826 and 1827, each for the amount of Ten Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1828, for the amount of Five Thousand One Hundred Twenty-Five and 86/100 Dollars ($5,125.86), payable to E & A Consulting Group, Inc., Inv. 159060, 159575. Warrant Nos. 1829 through 1831, each for the amount of Ten Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1832, for the amount of Seven Thousand Five Hundred Thirty and no/100 Dollars ($7,530.00), payable to Pansing Hogan Ernst& Bachman LLP. Warrant Nos. 1833 through 1844, each for the amount of Ten Thousand and no/100 Dollars($10,000.00), and Warrant No. 1845, for the amount of Five Thousand Five Hundred Twenty-Six and 19/100 Dollars ($5,526.19), payable to D.A. Davidson & Co., Annual Interest. Warrant Nos. 1846 through 1848, each for the amount of Ten Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1849, for the amount of Six Thousand Five Hundred Forty-Six and 24/100 Dollars ($6,546.24), payable to D.A. Davidson & Co. Warrant No. 1850, for the amount of Nine Thousand One Hundred Thirty-Six and 56/100 Dollars ($9,136.56), payable to Municipal Capital Advisors, LLC. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 562 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 1851 through 1868 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 January 20, 2025, 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. 1851 through 1856, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1857, for the amount of Two Thousand Six Hundred Eight and 75/100 Dollars ($2,608.75), payable to S&S Trenching, Final 2022 Street Reconstruction. Warrant No. 1858, for the amount of One Thousand Two Hundred Forty and no/100 Dollars ($1,240.00), payable to Royal Lawns Inc., Inv. 7930, 7968. Warrant No. 1859, for the amount of Three Hundred Forty-Five and no/100 Dollars($345.00), payable to Boice Landscaping, Inv. 3825. Warrant No. 1860, for the amount of Four Thousand Nine Hundred Thirty-Three and 92/100 Dollars ($4,933.92), payable to H & H Hausman, LLC, Inv. 5891. Warrant No. 1861, for the amount of Two Thousand Four Hundred Fifteen and 95/100 Dollars ($2,415.95), payable to Signature Advertising & Display, Inc., Inv. 12042. Warrant No. 1862, for the amount of Two Thousand and no/100 Dollars ($2,000.00), payable to Backlund Plumbing, Inv. 131125. Warrant No. 1863, for the amount of One Thousand Two Hundred One and 25/100 Dollars ($1,201.25), payable to Commercial Seeding Contractors, Inv. 26236. Warrant No. 1864, for the amount of Four Hundred Twenty-Two and no/100 Dollars ($422.00), payable to the Douglas County Engineer. Warrant No. 1865, for the amount of One Hundred Seventy and no/100 Dollars ($170.00), payable to FNIC, Inv. 182087. Warrant No. 1866, for the amount of Four Thousand Eight Hundred Seventy-Five and 53/100 Dollars ($4,875.53), payable to E & A Consulting Group, Inc., Inv. 158871, 158872, 159359, 159360. Warrant No. 1867, for the amount of Two Thousand Eight and 49/100 Dollars($2,008.49), payable to D.A. Davidson &Co. Warrant No. 1868, for the amount of Five Hundred Two and 12/100 Dollars ($502.12), payable to Municipal Capital Advisors, LLC. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 562 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. 562 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. 562 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. Steven Janicek, as Clerk for Sanitary and Improvement District No. 562 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 January 20, 2022, meeting. STEVEN JF�fQICj K, Clerk