Loading...
2022-04-18 SID 610 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 610 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. Advanced 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. Advanced 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 advanced 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 informed 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 form 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. 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 186 day of April,2022. Dave Vo na airman Justin app,C MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 610 OF DOUGLAS COUNTY, NEBRASKA HELD AT 3:30 PM ON APRIL 11, 2022 AT 11440 W. CENTER ROAD, OMAHA, NEBRASKA The meeting of the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska was convened in open and public session at 3:00 p.m. on April 18, 2022 at 10909 Mill Valley Road, Omaha, Nebraska 68154, said meeting having been held in accordance with the conditions set forth in the Nebraska Open Meetings Act, a copy of which was made available for review to all in attendance at these proceedings. Present at the meeting were Trustees Dave Vogtman, Justin Knapp and Heather Dembinski. Trustees Tammy Hoskinson and Nick Dolphens were absent. Larry A. Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District, was also present at the meeting. Mark Westergard and Jeff LaMontagne of E&A Consulting Group, Inc., consulting engineers for the District, and Adam Flanagan of Kuehl Capital Corporation also attended in person. Notice of the meeting was given in advance thereof by publication in the Douglas County Post-Gazette on April 6 and 13, 2022, a copy of the Proof of Publication being attached to these minutes. Notice of the meeting was simultaneously given to all members of the Board of Trustees and a copy of their Acknowledgement of Receipt of Notice is attached to these minutes. Availability of the agenda was communicated in the published notice and in the notice of 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 Clerk then certified that notice of this meeting had been given to the City of Omaha, Nebraska and the Douglas County Clerk at least seven days prior to the time set by the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being attached to these minutes and made part hereof by this reference. First, the Chairman presented the proof of publication for the Resolution of Necessity for the District to construct the Storm Sewer & Paving — Section I improvements, the same having been published on April 6 and 13, 2022 in the Douglas County Post-Gazette, a paper of general circulation in Douglas County,Nebraska. It was then noted that no one from the public appeared in opposition of the above resolution. After discussion the Resolution contained in Exhibit "A" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Vogtman, Knapp and Dembinski was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska that the Resolution of Advisability and Necessity for the District to construct the Storm Sewer & Paving Section I improvements, be and hereby is approved, the same having been preliminarily approved, in form, at the March 29, 2021 meeting of the District. The Chair then presented the following statements for payment from the General Fund Account of the District and the Clerk was directed to attach a copy of said statement to these minutes: a. E& A Consulting Group, Inc. for engineering services relating to $1,031.30 general maintenance of the District and reporting (No. 161088). b. Kuehl Capital Corporation for municipal advisory fees on General $ 10.31 Fund Warrants issued at this meeting (1%). c. D.A. Davidson& Co. for underwriting services relating to General $ 41.66 Fund Warrants issued at this meeting (4%). The Chair then presented the following statements for payment from the Construction Fund Account of the District and the Clerk was directed to attach a copy of said statement to these minutes: a. E & A Consulting Group, Inc. for engineering and design services $7,815.00 on various infrastructure projects of the District(No. 160802). b. Omaha Public Power District for construction/installation of the $147,150.00 underground electrical distribution system in Phase I and pursuant to the resolution previously approved at the 4/11/22 meeting. c. MBC Construction, LLC for completion of a portion of the Storm $9,189.53 Sewer& Paving—Section I improvements and in accordance with Pay Est. No. 5. d. Fullenkamp Jobeun Johnson & Beller, LLP for legal services ren- $3,402.48 dered in connection with item b.) (2%) and c.) (5%) hereinabove. e. Kuehl Capital Corporation for municipal advisory fees on Construe- $1,675.57 tion Fund Warrants issued at this meeting (1%). f. D.A. Davidson& Co. for underwriting services relating to Construe- $6,702.28 tion Fund Warrants issued at this meeting (4%). Then, upon a motion duly made, seconded and upon a roll call vote of "aye" by the Trustees Vogtman, Knapp and Dembinksi,the following Resolutions were unanimously adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 291 through 313, inclusive, of the District, dated the date of this meeting, to the following payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 6% per annum from the General Fund Account and 7% per annum from the Construction Fund Account, Warrant Nos. 291 through 293, inclusive, to be payable from the General Fund Account of the District and to be redeemed no later than three (3)years of the date hereof being April 18, 2025 (the "General Fund Warrants"), and Warrant Nos. 294 through 313, inclusive, to be payable from the Construction Fund Account of the District (interest payable annually) and to be redeemed no later than five (5) years of the date of April 18, 2027 (the "Construction Fund Warrants"), 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: a) Warrant No. 291 for $1,031.30 made payable to E & A Consulting Group, Inc. for engineering services relating to general maintenance of the District and reporting. b) Warrant No. 292 for $10.31 made payable to Kuehl Capital Corporation for municipal advisory fees on General Fund Warrants issued at this meeting. c) Warrant No. 293 for $41.66 made payable to D.A. Davidson & Co. for underwriting services relating to General Fund Warrants issued at this meeting. d) Warrant No. 294 for $7,815.00 made payable to E & A Consulting Group, Inc. for engineering and design services on various infrastructure projects of the District. CF e) Warrant Nos. 295 through 308 for $10,000.00 each and Warrant No. 309 for $7,150.00, all made payable to Omaha Public Power District for construction/installation of the underground electrical distribution system in Phase I and pursuant to the resolution previously approved at the 4/11/22 meeting. CF f) Warrant No. 310 for $9,189.53 made payable to MBC Construction, LLC for completion of a portion of the Storm Sewer & Paving — Section I improvements and in accordance with Pay Est. No. 5. CF g) Warrant No. 311 for $3,402.48 made payable to Fullenkamp Jobeun Johnson & Beller, LLP for legal services rendered in connection with item e) (2%) and f) (5%)hereinabove. CF h) Warrant No. 312 for $1,675.57 made payable to Kuehl Capital Corporation for municipal advisory fees on Construction Fund Warrants issued at this meeting. CF i) Warrant No. 313 for$6,702.28 made payable to D.A. Davidson & Co. for underwriting services relating to Construction Fund Warrants issued at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska, that the District hereby finds and determines and covenants, warrants and agrees as follows in connection with the issuance of the Construction Fund Warrants: (i) the improvements being financed by the Construction Fund Warrants are for essential governmental functions of the District and are designed to serve members of the general public on an equal basis; (ii) 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; (iii) 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; (iv) 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; (v) 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; (vi) none of the proceeds of said Construction Fund Warrants have been or will be loaned to any private person or entity; and (vii) and the District does not reasonably expect to sell or otherwise dispose of said improvements, in whole or in part, prior to the last maturity of the Construction Fund Warrants. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska that the District hereby covenants and agrees as follows in connection with the issuance of the Construction Fund Warrants: (i) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Construction Fund Warrants and (ii) it will not use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Construction Fund Warrants. In addition, the District will adopt such other resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Construction Fund Warrants will remain excluded from federal gross income, to the extent any such actions can be taken by the District. The District covenants and agrees that (i) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Construction Fund Warrants, (ii) it will use the proceeds of the Construction Fund Warrants as soon as practicable and with all reasonable dispatch for the purposes for which the Construction Fund Warrants are issued, and (iii) it will not invest or directly or indirectly use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District in any manner, or take or omit to take any action, that would cause the Construction Fund Warrants to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. The District covenants and agrees that it will pay or provide for the payment from time to time of all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any Regulations applicable to the Construction Fund Warrants from time to time. This covenant shall survive payment in full of the Construction Fund Warrants. The District specifically covenants to pay or cause to be paid to the United States, the required amounts of rebatable arbitrage at the times and in the amounts as determined by reference to the Code and the Regulations. Pursuant to the "small issuer exception" set forth below, the District does not believe the Construction Fund Warrants will be subject to rebate. The District covenants and agrees that (to the extent within its power or direction) it will not use any portion of the proceeds of the Construction Fund Warrants, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Construction Fund Warrant to be a "private activity bond". The District makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Section 148(f)(4)(D) of the Code: (i) the District is a governmental unit under Nebraska law with general taxing powers; (ii) none of the Construction Fund Warrants is a private activity bond as defined in Section 141 of the Code; (iii) ninety-five percent or more of the net proceeds of the Construction Fund Warrants are to be used for local governmental activities of the District; (iv) the aggregate face amount of all tax-exempt obligations (other than "private activity bonds," but including any tax-exempt lease-purchase agreements) to be issued by the District during the current calendar year is not reasonably expected to exceed $5,000,000; and (v) the District (including all subordinate entities thereof) will not issue in excess of $5,000,000 of tax-exempt indebtedness (other than "private activity bonds" and certain refunding bonds, but including any tax-exempt lease-purchase agreements) during the current calendar year without first obtaining an opinion of nationally recognized counsel in the area of municipal finance that the excludability of the interest on the Construction Fund Warrants from gross income for federal tax purposes will not be adversely affected thereby. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska that the District hereby designates the Construction Fund Warrants as its "qualified tax-exempt obligations"under Section 265(b)(3)(B)(i)(III) of the Code. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 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 Construction Fund Warrants and the District hereby further certifies, as of the date of the registration of the Construction Fund Warrants with Douglas County,Nebraska as follows: 1. The District reasonably anticipates that a portion of the monies in its Bond Fund will be expended for payment of principal of and interest on its bonds and/or construction fund warrants of the District within 12 months after receipt of such monies. The District hereby establishes a reserve fund within its Bond Fund in connection with the issuance of the Construction Fund Warrants in the amount equal to the least of (i) 10% of the stated principal amount of the Construction Fund Warrants, (ii) the maximum annual debt service due on the Construction Fund Warrants during any fiscal year, or (iii) 125% of the average annual debt service for the Construction Fund Warrants over the term of such warrants. That amount that is currently held in the District's Bond Fund which exceeds the amount to be expended for payment of principal and interest on the bonds and/or construction fund warrants of the District within 12 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 Construction Fund 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 debt. 4. This Certificate is being passed, executed and delivered pursuant to Section 1.148-2 (b) (2) of the Income Tax Regulations under the Code (the "Regulations"). BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska the District hereby authorizes and directs the Chair 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 (the "Code"), pertaining to the General Fund Warrants and the Construction Fund Warrants; and, No opinion of nationally recognized counsel in the area of municipal finance has been delivered with respect to the treatment of interest on the General Fund Warrants. Purchasers of the General Fund Warrants are advised to consult their tax advisors as to the tax consequences of purchasing or holding the General Fund Warrants. {Remainder ofpage intentionally left blank; signatures on following page} MINUTES SIGNATURE PAGE FROM THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 610 OF DOUGLAS COUNTY, NEBRASKA, HELD ON APRIL 18, 2022 There being no further business to come before the meeting,the meeting was adjourned. Dave Vogtm , hairman J tin Kna ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No.610 of Douglas County, Nebraska do hereby acknowledge receipt of advanced notice of a meeting of the Board of Trustees of said District and that the agenda for such meeting, held at 3:00 p.m. on April 18, 2022 at 10909 Mill Valley Road,Omaha,Nebraska and held pursuant to the Nebraska Open Meetings Act,is kept continuously current and available for public inspection at the office of the District's counsel during normal business hours. DATED this 18`h day of April, 2022. CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 610 of Douglas County,Nebraska("Anchor View")hereby certifies that Notice of meeting of the Board of Trustees of said District held on April 18, 2022, was delivered to the City Clerk of Omaha, Nebraska, via facsimile or electronic mail transmittal, at least seven (7) days prior to the date of said meeting. The undersigned further certifies that the agenda for the meeting of the Board of Trustees of said District was prepared and available for public inspection pursuant to the instructions contained in the notice of meeting given in advance thereof by publication in the Douglas County Post-Gazette on April 6 and 13,2022,and that no items were added to the agenda after the commencement of the meeting;and further,that the minutes for the meeting were available for public inspection within ten (10)days of the date of said meeting and that a copy of the minutes of this meeting were sent to the Douglas County Clerk,Omaha,Nebraska and the City Clerk of Omaha within thirty(30)days from the date of this meeting. Ju in Knapp, er E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#610 March 31,2022 • c/o Mr.LarryProect No: P2020.164.000 Jobeun,Attorney 1 11440 West Center Road Invoice No: 161088 Omaha,NE 68144 Project P2020.164.000 610-Anchor View in Omaha,NE-District Maintenance Professional Services from February 14.2022 to March 13.2022 Phase 122 2022 District Maintenance Task 135 Diggers Hotline Professional Personnel Hours Rate Amount Construction Technician I .25 94.00 23.50 Construction Technician III .10 121.00, 12.10 Totals .35 35.60 Total Labor 35.60 Total this Task $35.60 Task 440 Repairs/Maintenance Professional Personnel Hours Rate Amount Administrative Assistant I .25 85.00 21.25 Construction Technician I 1.00 94.00 94.00 Totals 1.25 115.25 Total Labor • 115.25 Total this Task $115.25 Total this Phase $150.85 • Phase 222 2022 Erosion&Sediment Control Inspection Task 196 Erosion Control Professional Personnel • Hours Rate Amount Environmental Scientist I • 4.33 85.00 368.05 Environmental Scientist I .17 85.00 14.45 • Environmental Scientist II 4.00 106.00 424.00 Environmental Scientist IV .25 139.00 34.75 Totals 8.75 841.25 Total Labor 841.25 Total this Task $841.25 • Total this Phase $841.25 Phase 999 Reimbursables Project P2020.164.000 610-Anchor View-DM Invoice 161088 Unit Billing Mileage 39.20 Total Units 39.20 39.20 Total this Phase $39.20 Total this Invoice $1,031.30 Approved By: Robert Czerwinski Page 2 E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#610 March 31,2022 c/o Mr.Larry Jobeun,Attorney Project No: P2020.164.001 11440 West Center Road Invoice No: 160802 Omaha,NE 68144 Project P2020.164.001 Anchor View in Omaha,NE-Residential Development Professional Services from January 17,2022 to March 13,2022 • Phase 030 Water&Gas Coordination Fee Total Fee 32,700.00 Percent Complete 75.00 Total Earned 24,525.00 Previous Fee Billing 17,985.00 Current Fee Billing 6,540.00 Total Fee 6,540.00 Total this Phase $6,540.00 Phase 031 Power Coordination Section I Fee Total Fee 25,500.00 Percent Complete 55.00 Total Earned 14,025.00 Previous Fee Billing 12,750.00 Current Fee Billing 1,275.00 Total Fee 1,275.00 Total this Phase $1,275.00 Total this Invoice $7,815.00 Approved By: Jeffrey LaMontagne E&A CONSULTING GROUP,INC. Engineering Answers 10909 MITI Valley Road,Suite 100• Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3599 www.eacg.com April 16,2022 Board of Trustees Sanitary and Improvement District No.610 Douglas Co. %Mr.Larry Jobeun,Atty 11440 West Center Road Omaha,NE 68144 RE: Pay Estimate No.5-Anchor View Storm Sewer&Paving-Section I MBC Construction,LLC E&A#2020.164.001 Board Members: We certify that to the best of our knowledge,MBC Construction,LLC,has satisfactorily completed the below-Itemized quantities of work under their construction contract for Storm Sewer &Paving-Section I,and we recommend payment to them in the amount shown: BID BID QUANTITY UNIT ITEM NO DESCRIPTION QUANTITY TO DATE UNIT PRICE AMOUNT 1. BARRICADING 1.00 1.00 LS 6,469.00 6,469.00 2. EARTHWORK(SUBGRADE PREP) 5,016.00 5,016.00 CV 5.00 25,080.00 3. CONSTRUCT T'CONCRETE PAVEMENT(TYPE L65AE)W/INT.CURB 15,047.00 15,047.00 SV 46.00 692,162.00 4. CONSTRUCT THICKENED EDGE 50.00 50.00 LF 12.20 610.00 5. - REMOVE TEMPORARY TURNAROUND 2.00 2.00 EA 539.00 1,078.00 6. REMOVE AND DISPOSE EXISTING AREA INLET AND PLUG 18"STORM 2.00 2.00 EA 1,059.00 2,118.00 7. CONSTRUCT CONCRETE HEADER 75.00 75.00 LF 7.89 591.75 8. CONSTRUCT END OF ROAD MARKERS 9.00 9.00 EA 139.00 1,251.00 9. CONSTRUCT STREET NAME SIGNS 18.00 18.00 EA 149.00 2,682.00 10. CONSTRUCT STREET POST 9.00 9.00 EA 155.00 1,395.00 11. ADJUST UTILITY MANHOLE TO GRADE 29.00 29.00 EA 263.00 7,627.00 12. CONSTRUCT EXTERNAL FRAME SEAL 1.00 1.00 EA 509.00 509.00 13. CONSTRUCT 18"RCP.CLASS III 1,327.00 1,327.00 LF 54.50 72,321.50 14. CONSTRUCT24"RCP,CLASS III 649.00 649.00 LF 71.10 46,143.90 15. CONSTRUCT 30"RCP,CLASS III 598.00 598.00 LF 99.05 59,231.90 16. CONSTRUCT CONCRETE RING RETAINER 2.00 2.00 EA 525.00 1,050.00 17. CONSTRUCT 54"I.D.STORM MANHOLE 35.60 37.00 VP 834.00 30,855.00 18. CONSTRUCT 60"I.O.STORM MANHOLE 12.70 13.00 VF 951.00 12,363.00 19. CONSTRUCT 24"RC FLARED END SECTION 1.00 1.00 EA 872.00 872.00 20. CONSTRUCT 30"RC FLARED END SECTION 1.00 1.00 EA 981.00 961.00 21. CONSTRUCT CURB INLET-TYPE I 13.00 13.00 EA 3,732.00 48,516.00 22. CONSTRUCT CURB INLET-TYPE III 7.00 7.00 EA 3,836.00 26,852.00 23. CONSTRUCT RIP RAP NDOR TYPE"A" 4000 7.50 TONS 90.45 678.38 24. SEDIMENT BASIN MAINTENANCE 1.00 0.00 LS 22,000.00 0.00 25. CONSTRUCT MAJOR STORM SWALE 1.00 1.00 EA 1,381.00 1,381.00 26. JET EXISTING SANITARY SEWER 5,339.00 5,339.00 LF 0.79 4.217.81 EXTRAS A. Construct Speed Hump 0.00 2.00 EA 10,021.00 20,042.00 B. Construct Temporary Turnarounds 0.00 0.00 SV 68.00 0.00 C. Deduction for Out of Spec Speed Hump 0.00 1.00 LS -700.00 -700.00 TOTAL AMOUNT EARNED TO DATE 1,056,361 24 AMOUNT PAID CONTRACTOR,EST.#1-4 $977,091.00 10%RETAINED FIRST 50%CONTRACT $53,525.30 5%RETAINED REMAINING OF CONTRACT $26.555.41 AMOUNT DUE CONTRACTOR,EST.#6 $9,189.63 We certify that to the best of our knowledge,the above quantities are correct and the amount of $9.1139.53 is due MBC Construction,LLC Very truly yours, E&A CONSULTING``44 GROUP,INC. �L4',0WTI� Randall L.Pierce,P.E. Construction Engineer cc: MBC Construction,LLC at John H.Fullenkamp A'.�"_ FULLENKAMP Larry A.Jobeun F J JOBEUN Mark B. Johnson % ‘ Brent W.Beller J B JOHNSON & Robert T. Griffith BELLER LLP Writers e-mail:larrv@fjjblaw.com April 18, 2022 Chairman and Board of Trustees Sanitary and Improvement District No. 610 of Douglas County, Nebraska Statement of Services Rendered For Legal Services rendered in connection with the following: a. MBC Construction, LLC for completion of a portion of the Storm $9,189.53 Sewer& Paving-Section I improvements and in accordance with Pay Est. No. 5. b. Omaha Public Power District for construction/installation of the $147,150.00 underground electrical distribution system in Phase I and pursuant the above approved resolution. LEGAL FEES (5%& 2%): $3,402.48 EXPENSES: $ -0- Filing Fees, Publications, Copying, & Postage TOTAL AMOUNT DUE: $3,402.48 /s/Larry A.Jobeun Attorney for the District 11440 W.Center Road,Ste. C —Omaha,Nebraska,68144—Phone: (402)334-0700—Website: www.fiiblaw.com Douglas County Post-Gazette INVOICE - AFFIDAVIT OF PUBLICATION P.O. Box 677 Elkhorn, NE 68022 INVOICE# 208790 DUE DATE 5/6/2022 402-289-2329 THE STATE OF NEBRASKA Darren P. Ivy, being duly sworn, COUNTY OF DOUGLAS }SS says that he is the publisher of BILL TO DOUGLAS COUNTY POST-GAZETTE Fullenkamp,Jobeun,Johnson&Beller LLP News of Douglas County, 11440 West Center Road Ste.C a legal newspaperwhich is published and is in general circula- Omaha,NE 68144 - tion in Douglas County,Nebraska,and is printed in the English '.. Language weekly at its office in Elkhorn, Nebraska; that said newspaper has been so published for more than fifty-two suc- cessive weeks prior to the publication of the annexed notice, and has a bona fide circulation of more than three hundred copies each issue. That to affiant's personal knowledge, the annexed notice was published in said newspaper 2 Successive Week(s) Beginning with the issue of: 4/6/2022 FULLENKAMPJO andendingwith the issue of: 4/13/2022 JOHNS ON&BELLER,LLP L 11440 WEST CENTER ROAD OMAHA,NEBRASKA 68144 Publisher's fee at Legal Rate is: $372.95: NOTICE OF MEETING AND NOTICE OF RESOLUTION � SANITARY AND IMPROVEMENT DISTRICT Nth 610 OF DOUGLAS COUNTY,NEBRASKA - - -- - NOTICE IS HEREBY GIVEN that Darren P. y, Publisher a meeting of the Board of Trustees of Sanitary and Improvement District No. Summary Information Weekly Cost 610 of Douglas County will be held 3:00 p.m.on April 18,2022,which meeting will be open to the public for in person SID 610 Notice of April 18 Meeting and Resolution 195.38 attendance at 10909 Mill Valley Road, Storm Sewer and Paving System-April 6 Omaha,in Nebraska,cc which meetingN shall ka SID 610 Notice of April 18 Meeting and Resolution 171.07 be held accordance with the Nebraska p g Open Meetings Act.An agenda for such Storm Sewer and Paving System-April 13 meeting, kept continuously current Affidavit Fee 6.50 is available for public inspection by contacting the office of the District's counsel during normal business hours, and includes the payment of bills of the District and the consideration and passing or amending and passing the following Resolution,to-wit: BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No. 610 of Douglas County, Nebraska find and determine that it is I advisable and necessary to construct the Subscribed and sworn before me, this ,`.- T�/1 day STORM SEWER&PAVING—SEC- TION I (ANCHOR VIEW), which Of improvements shall be constructed as follows: �cf 1, - , 20 a STORM SEWER&PAVING— SECTION I ( (!_ y In _ „ The construction of a system of NO ary Public paved public roads and streets of varying widths with Portland cement concrete or other approved materials with a mini- mum thickness of seven inches,together peneral Hoary•State of Nebraska with integral curb and gutter,necessary removals,grading,drainage inlets,inlet IAALA A JOHNSON piping,storm manholes,street signs and *Comm.Exo.Seel 17,2025. necessary appurtenances for a completed This document is your Affidavit of Publication and amount that will be on your Invoice. project;the installation of a storm sewer 146 feet,more or less,to a proposed feet, more or less,southeast of the engineering fees, legal fees, fiscal system of reinforced concrete pipe curb inlet located 14 feet, more or southwest property corner of Lot 38. fees, interest and other miscellaneous or other approved materials, together less,north of the northeast property costs,which estimate is in the sum of with manholes, structures, necessary corner of Lot 89;thence northwest- 11.A 15"storm sewer pipe in We- $1,800,000.00. appurtenances and other work that is erly with an 18"storm sewer pipe a ber Street beginning at a proposed incidental and necessary for a completed distance of 30 feet,more or less,to a curb inlet located 12 feet, more or To pay the cost of said improve- improvement proposed curb inlet located 109 feet, less,southwest of the southeast prop- ment the Board of Trustees shall have more or less, east of the southwest erty corner of Lot 109;thence south- the power to issue negotiable bonds of A. Construct a storm sewer system property corner of Lot 52. erly a distance of 29 feet, more or the District after such improvements and related work as follows: less,to a proposed curb inlet located have been completed and accepted; .. 6.An 18"storm sewer pipe in Scott 12 feet,more or less,northwest of the said bonds to be called"Sanitary and I.A 30"storm sewer pipe in Out- Street beginning at a proposed curb northeast property corner of Lot 51. Improvement District Bonds"and shall .. lot "D" beginning at a proposed inlet located 14 feet, more or less, be payable and bear interest as provided flared end section,approximately 51 north ofthe northeast property corner B. Construct a system of roads by the Statutes of the State ofNebraska. feet, more or less,southwest of the of Lot 89; thence southwesterly a and streets and related work located as southwest property corner of Lot 83; distance of 87 feet,more or less,to a follows: The Board of Trustees shall assess thence northwesterly a distance of proposed curb inlet located I1 feet, 748960328 Potter Street from a to the extent of special benefits,the cost 61 feet,more or less,to a proposed more or less,north of the northeast proposed intersection with N 177th of such improvements upon properties manhole located 16 feet,more or less, property corner of Lot 87; thence Street;thence westerly a distance of 133 specially benefited thereby. All special southwest of the southwest property northwesterly a distance of 52 feet, feet,more or less,to the end of paving assessments which may be levied upon corner of Lot 82;thence northeasterly more or less,to a proposed curb inlet located 25 feet, more or less, south of the properties specially benefited by a distance of 147 feet,more or less, located 11 feet,more or less, south the southwest property corner of Lot 66. such improvements shall,when collect- to a proposed curb inlet located 16 of the southwest property corner of 748960329 Potter Street from a ed,be set aside and constitute a sinking feet, more or less, northwest from Lot 52. proposed intersection with N 177th fund for the payment of interest and the northwest property corner of Lot Street;thence easterly a distance of 845 principal of said bonds. The District 82;thence northeasterly with an 15" 7.A 24" storm sewer pipe in N feet,more or less,connecting to existing shall also cause to be levied annually a storm sewer pipe a distance of 32 176th Street beginning at a proposed Potter Street. tax upon the assessed value of all of the feet to a proposed curb inlet located curb inlet located 14 feet, more or 748960330 N 176th Street from a taxable property in the District except 11 feet,more or less,southwest of the less,north of the northeast property proposed intersection with Potter Street; intangible property,which together with southwest property corner of Lot 56. corner of Lot 89;thence northeasterly thence northerly a distance of 132 feet, said sinking fund derived from special a distance of 58 feet,more or less,to a more or less,to the end of paving located assessments shall be sufficient to meet 2.A 30" storm sewer pipe in N manhole located 9 feet,more or less, 25 feet,more or less,west of the north- payment of the interest and principal of 177th Street beginning at a curb inlet northwest of the southwest property west property corner of Lot 4. said bonds as the same become due;said located 15 feet,more or less,north- corner of Lot 91;thence northerly a 748960331 176th Avenue from a tax shall be known as the Sanitary and west from the northwest property cor- distance of 85 feet,more or less,to a proposed intersection with Weber Street; Improvement District Tax and shall be ner of Lot 82;thence northwesterly a proposed curb inlet located 11 feet, thence northeasterly a distance of 150 payable annually in money. distance of 197 feet,more or less,to more or less,west of the southwest feet, more or less, to a point located a proposed curb inlet located 11 feet, property corner of Lot 93; thence 29 feet more or less, southwest of the If a petition opposing this Res- _ more or less,northeast of the south- northerly adistance of 176 feet,more northwest property corner of Lot 112; olution, signed by property owners east property corner of Lot 78;thence or less,to a proposed manhole located thence northerly a distance of 455 feet, representing a majority of the front northwesterly a distance of 191 feet, 30 feet,more or less,northwest of the more or less to a proposed intersection footage which may become subject to more or less, to a proposed curb southwest property corner of Lot 96. with Potter Street. assessment for the cost of the improve- manhole located 9 feet,more or less, 748960332 Hanover Street from ments as set forth herein,is filed with east of the southeast property corner 8.A 15" storm sewer pipe in N a proposed intersection with 176th Av- the Clerk of the District within three(3) ofLot 75;thence northerly with a 24" 176th Street beginning at a proposed enue;thence easterly a distance of 437 days before the date of the hearing on storm sewer pipe a distance of 112 curb inlet located 11 feet, more or feet,more or less,connecting to existing this Resolution, this Resolution shall feet,more or less,to a proposed curb less,west of the southwest property Hanover Street. not be passed. inlet located 10 feet, more or less, corner of Lot 93;thence northwest- 748960333 Weber Street from apro- east of the southeast property corner erly a distance of 33 feet, more or posed intersection with N 177th Street; SANITARY AND of Lot 73;thence northerly with an less,to a proposed curb inlet located thence easterly a distance of 125 feet, IMPROVEMENT DISTRICT 18"storm sewer pipe a distance of 11 feet, more or less, east of the more or less,to a point located 26 feet, NO.6100F DOUGLAS COUNTY, 275 feet,more or less,to a proposed southeast property corner of Lot 51. more or less,southwest of the southeast NEBRASKA manhole located 10 feet,more or less, property corner of Lot 37;thence south- northeast of the southeast property 9.A24"storm sewer pipe in Weber easterly a distance of 500 feet,more or Publication Dates. corner of Lot 68;thence northerly a Street beginning at a proposed man- less,to a point located 26 feet,more or April 6 and 13,2022 distance of 179 feet,more or less,to hole located 30 feet,more or less, less,northeast of the northeast property (DC Post-Gazette) a proposed curb inlet located 12 feet, northwest of the southwest property corner of Lot 46;thence easterly a dis- more or less, east of the southeast corner of Lot 96; thence westerly tance of 286 feet,more or less,to a pro- By: property corner of Lot 66; thence a distance of 52 feet, more or less, posed intersection with N 176th Street. Dave Vogtman,Chairman easterly a distance of30 feet,more or to a proposed curb inlet located 12 748960334 N 177th Street. Scott Justin Knapp,Clerk less,to a proposed curb inlet located feet,more or less, southwest of the Street. N 176th Street from a point 49 feet,more or less,northwest of the southeast property corner of Lot 109; located 25 feet, more or less, east of April 6,13-398 Ins southwest property corner of Lot 21. thence westerly with an 18"storm the northeast property corner of Lot 63; ZNEZ sewer pipe a distance of 183 feet, thence southerly a distance of 775 feet, 3.A 15" storm sewer pipe in N more or less,to a proposed manhole more or less,to a point located 31 feet, 177th Street beginning at aproposed located 81 feet, more or less, west more or less,southeast of the southeast curb inlet located 11 feet, more or of the southeast property corner of property corner of Lot 74;thence south- less,northeast of the southeast prop- Outlot"C";thence northwesterly a easterly a distance of 400 feet;more or erty corner of Lot 78;thence north- distance of 104 feet,more or less,to less,to a point located 25 feet,more or easterly a distance of 38 feet,more or a proposed curb inlet located 11 feet, less,northeast of the northeast property less,to a proposed curb inlet located more or less,southwest of the south- corner of Lot 81;thence easterly a dis- 11 feet,more or less,southwest of the west property corner of Outlot"C"; tance of 450 feet,more or less,to a point southwest property corner of Lot 59. thence northwesterly a distance of located 25 feet,more or less,northwest of 107 feet,more or less,to a proposed the southwest property corner of Lot 90; 4.A 15" storm sewer pipe in N manhole located 9 feet,more or less, thence northerly a distance of 682 feet, 177th Street beginning at a proposed southwest of the southwest property more or less,to a proposed intersection curb inlet located 10 feet, more or corner of Lot 10;thence northerly a with Hanover Street. less,east,from the southeast property distance of 36 feet,more or less,to a corner of Lot 73; thence easterly a proposed curb inlet located 12 feet, The outer boundaries of the area distance of30 feet,more or less,to a more or less,north of the southwest which may become subject to special proposed curb inlet located 84 feet, property corner of Lot 10; thence assessments for said improvements are more or less,southwest of the north- northwesterly with a 15"storm sew- proposed to be the same as the outer west property corner of Outlot"B". er pipe a distance of 28 feet,more or boundaries of Sanitary and Improvement less,to a proposed curb inlet located District No. 610 of Douglas County, 5.A 24"storm sewer pipe in Outlot 11 feet,more or less,southeast of the Nebraska. "D"beginning at a proposed flared southwest property corner of Lot 33. end section located 20 feet, more Said plans and specifications forthese or less, southeast of the southeast 10.An 18"storm sewer pipe in We- improvements have been prepared and property corner of Lot 89; thence ber Street beginning at a proposed reviewed by E&A Consulting Group, northwesterly a distance of 9 feet, manhole located 10 feet,more or less, Inc.,engineers for the District and said more or less,to a proposed manhole northeast of the northeast property engineers have filed with the Clerk of the located 13 feet,more or less,east of corner of Lot 69; thence easterly District,prior to the first publication of the southeast property corner of Lot a distance of 59 feet, more or less, this Resolution,an estimate of the total 89;thence northwesterly a distance of to a proposed curb inlet located 21 costs of said improvement, including AGENDA Sanitary and Improvement District No.610 of Douglas County,Nebraska(Anchor View);Meeting to be held April 18, 2022 at 3:00 p.m. at 10909 Mill Valley Road, Omaha, Nebraska. 1. e Nebraska_Open-Mee s Act; Trustee roll call: iSstaPFe Bather D, emj7'' . ammy oskinson e. Nick Dolphens Cote on and approve '-llutio' of Necessity recommending the District construct the Storm Sewer& Paving—S- Lion I improvements of the District, the same having been presented and approved, in form s t the -s ch 29,2021 meeting(published April 6 and 13,2022 in the Douglas County Post- . VIPresent statements, vote on and approve payment from the General Fund Account of the District for the following: mo E & A Consulting Group, Inc. for engineering services relating to $1,031.30 general maintenance of the District and reporting (No. 161088). b. Kuehl Capital Corporation for municipal advisory fees on General $ 10.31 Fund Warrants issued at this meeting (1%). S D.A. Davidson& Co. for underwriting services relating to General $ 41.66 \ Fund Warrants issued at this meeting (4%). esent statements,vote on and approve payment from the Construction Fund Account of the i4 istrict for the following: �' i1 ; E & A Consulting Group, Inc. for engineering and design services $7,815.00 on various infrastructure projects of the District (No. 160802). b. Omaha Public Power District for construction/installation of the $147,150.00 underground electrical distribution system in Phase I and pursuant to the resolution previously approved at the 4/11/22 meeting. MBC Construction, LLC for completion of aportion of the Storm 1 p $9,189.53 '( Sewer& Paving—Section I improvements and in accordance with Pay Est. No. 5. d. Fullenkamp Jobeun Johnson & Beller, LLP for legal services ren- $3,402.48 dered in connection with item b.) (2%) and c.) (5%)hereinabove. 0uehl Capital Corporation for municipal advisory fees on Construc- $1,675.57 tion Fund Warrants issued at this meeting (1%). ItD.A. Davidson& Co. for underwriting services relating to Construe- $6,702.28 tion Fund Warrants issued at this meeting (4%). 5. Any and all business before the Board as deemed necessary; meeting adjourned. M ETINf N iH ETA = �wa rrtaitk i _ ... District: SID No. 610—Anchor View Meeting Date: April 18, 2022 Location: 10909 Mill Valley Road, Omaha, NE 68154 Time: 3:00 p.m. lnfne (ALEASL RI Li�T) 1. Tr e �..* fl ® f own tio100 Ma 4c sme/a 14 5ezp- /AmotitA6,uf €� MA *all attendees to sign this sheet, including Trustees, attorney, engineer, fiscal agent, etc. Page 1 of 1