2022-04-11 SID 577 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 577
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 577 of Douglas
County, Nebraska, was convened in open and public session at 9:00 a.m. on the 11th day of April, 2022, at
10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: John C. Allen, Jeanne D. Knox, Gerald L. Torczon, Doris J. Nicholson and Jeffery
Torczon.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on April 6,
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 meeting was called to order by the undersigned presiding as Chairman.
The Chairman publicly stated to all in attendance that a current copy of the Nebraska Open
Meetings Act was available for review and indicated the location of such copy in the room where the
meeting was being held.
Discussion was next had concerning Outlot B, Westbury Farm Replat 2. The Chairman previously
indicated it would be in the best interest of the District to sell Outlot B to allow placement of septic laterals for
the benefit of Lot 257. Notice of Property Sale for Outlot B, Westbury Farm Replat 2 had been advertised in
The Daily Record for three consecutive weeks on March 22, 29 and April 5, 2022, a copy of the proof of
publication being attached to these minutes.
The Clerk next stated that no individuals appeared at the Property sale held on April 6, 2022 to bid
on the property. Therefore, ownership of the property was granted to Westbury Farm, LLC, a Nebraska
limited liability company. After discussion of the Board, the following resolution was duly moved and
seconded and upon a roll call vote the Trustees, John C. Allen, Jeanne D. Knox, Gerald L. Torczon, Doris J.
Nicholson and Jeffery Torczon, 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. 577 of Douglas County, Nebraska, that the property described
as Outlot B, Westbury Farm Replat 2 be and hereby is conveyed from
Sanitary and Improvement District No. 577 of Douglas County, Nebraska
to Westbury Farm, LLC.
FURTHER RESOLVED, that the attorneys for the District prepare and
record a Special Warranty Deed evidencing the conveyance of the
property for execution by the Chairman of Sanitary and Improvement
District No. 577.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There were next presented statements from Boice Landscaping as follows: (i) Invoice No. 3839 in
the amount of Eight Hundred Thirty-Six and 73/100 Dollars ($836.73); and (ii) Invoice No. 3840 in the
amount of One Hundred Ten and no/100 Dollars ($110.00); said statements being in the aggregate amount
of Nine Hundred Forty-Six and 73/100 Dollars($946.73).
There was next presented a statement from M.J.A. Trucking, L.L.C. for right-of-way maintenance,
Invoice No. 19792 in the amount of One Thousand Two Hundred Seventy-Two and no/100 Dollars
($1,272.00).
There was next presented a statement from Metropolitan Utilities District for service at the 21701
"F" Street location from February 12, 2022 through March 17, 2022 indicating a credit balance in the
amount of Three Hundred Sixty-Seven and 44/100 Dollars ($367.44). The Board directed advance
payment in the amount of Two Hundred Fifty and no/100 Dollars($250.00).
There was next presented a statement from Metropolitan Utilities District for service at the 21901
"F" Street location from February 12, 2022 through March 15, 2022 indicating a credit balance in the
amount of Two Hundred Eighty-Six and 17/100 Dollars ($286.17). The Board directed advance payment in
the amount of Two Hundred Fifty and no/100 Dollars ($250.00).
There was next presented a statement from Lamp Rynearson, engineers for the District, for
miscellaneous engineering services rendered through March 12, 2022, Invoice No. 0115133.90-0000056
in the amount of One Thousand Seven Hundred Thirty and 73/100 Dollars($1,730.73).
The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co.
will purchase Four Thousand Four Hundred Forty-Nine and 467/100 Dollars ($4,449.46) in warrants at this
time and that the contracted charge for such purchase of warrants is four percent (4%) or One Hundred
Seventy-Seven and 97/100 Dollars ($177.97) in accordance with the financing agreement previously
adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to D.A.
Davidson & Co.
The previously described bills, invoices, recommendations and statements having been presented
for the Board's consideration and after review and discussion of such items, the following resolution was
duly moved and passed:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 577 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 1519 through 1524 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 April 11, 20251, 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. 1519, for the amount of Nine Hundred Forty-Six and
73/100 Dollars ($946.73), payable to Boice Landscaping, Inv. 3839, 3840.
Warrant No. 1520, for the amount of One Thousand Two Hundred
Seventy-Two and no/100 Dollars ($1,272.00), payable to M.J.A. Trucking,
L.L.C., Inv. 19792.
Warrant No. 1521, for the amount of Two Hundred Fifty and
no/100 Dollars ($250.00), payable to Metropolitan Utilities District, Acct.
110000440545.
Warrant No. 1522, for the amount of Two Hundred Fifty and
no/100 Dollars ($250.00), payable to Metropolitan Utilities District, Acct.
110000440547.
Warrant No, 1523, for the amount of One Thousand Seven
Hundred Thirty and 73/100 Dollars ($1,730.73), payable to Lamp
Rynearson, Inv. 0115133.90-56.
Warrant No. 1524, for the amount of One Hundred Seventy-Seven
and 97/100 Dollars ($177.97), payable to D.A. Davidson &Co.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 577 of Douglas County, Nebraska, that both
they and the district hereby find and determine and covenant, warrant
and agree as follows: the improvements and/or facilities being financed
or refinanced by the above Warrants are for essential governmental
functions and are designed to serve members of the general public on an
equal basis; all said improvements have from the time of their first
acquisition and construction been owned, are owned and are to be
owned by the District or another political subdivision; to the extent
special assessments have been or are to be levied for any of said
improvements, such special assessments have been or are to be levied
under Nebraska law as a matter of general application to all property
specially benefited by said improvements in the District; the development
of the land in the District is for residential or commercial use and the
development of the land in the District for sale and occupation by the
general public has proceeded and is proceeding with reasonable speed;
other than any incidental use of said improvements by a developer
during the initial period of development of said improvements, there have
been, are and will be no persons with rights to use such improvements
other than as members of the general public; none of the proceeds of
said Bonds or any refinanced indebtedness have been or will be loaned
to any private person or entity; the District hereby authorizes and directs
the Chairperson or Clerk to file or cause to be filed, when due, an
information reporting form pursuant to Section 149(e) of the Internal
Revenue Code of 1986, as amended, pertaining to the above Warrants;
and the District does not reasonably expect to sell or otherwise dispose
of said improvements and/or facilities, in whole or in part, prior to the last
maturity of the above Warrants.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 577 of Douglas County, Nebraska, that the
District hereby covenants, warrants and agrees as follows: (a) to take all
actions necessary under current federal law to maintain the tax exempt
status (as to taxpayers generally) of interest on the above Warrants; and
(b) to the extent that it may lawfully do so, the District hereby designates
the above Warrants as its "qualified tax exempt obligations" under
Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as
amended, and covenants and warrants that the District does not
reasonably expect to issue warrants or bonds or other obligations
aggregating in the principal amount of more than $10,000,000 during the
calendar year in which the above Warrants are to be issued.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 577 of Douglas County, Nebraska, that this and
the preceding Resolutions are hereby adopted as the Certificate With
Respect to Arbitrage of the District pertaining to the above Warrants and
the District and the Chairman and Clerk of the District hereby further
certify, as of the date of the registration of the above Warrants with the
County Treasurer of Douglas County, Nebraska, as follows:
1. No separate reserve or replacement fund has been or will
be established with respect to the above Warrants. The District
reasonably anticipates that monies in its Bond Fund reasonably
attributable to the above Warrants in excess of the lesser of: (a) ten
percent (10%) of the net principal proceeds of the above Warrants, (b) the
maximum annual debt service due on the above Warrants, or (c) one
hundred twenty-five percent (125%) of average annual debt service due
on the above Warrants will be expended for payment of principal of and
interest on the above Warrants within thirteen (13) months after receipt of
such monies. That amount which is currently held in the District's Bond
Fund which exceeds the amount which is to be expended for payment of
principal and interest on the above Warrants within thirteen (13) months
after receipt of such monies, plus that amount arrived at pursuant to the
immediately preceding sentence, will not be invested in any securities or
any other investment obligations which bear a yield, as computed in
accordance with the actuarial method, in excess of the yield on the above
Warrants.
2. To the best of their knowledge, information and belief, the
above expectations are reasonable.
3. The District has not been notified of any listing of it by the
Internal Revenue Service as an issuer that may not certify its bonds.
4. This Certificate is being passed, executed and delivered
pursuant to Section 1.14t8-2(b)(2) of the Income Tax Regulations under
the Internal Revenue Code of 1986, as amended.
[THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK—
SIGNATURES APPEAR ON THE FOLLOWING PAGE]
The Clerk next reviewed the Agenda which had been available for public inspection in accordance
with the law prior to this meeting of the Board of Trustees and reported that all matters considered by the
Board at this meeting appeared on the Agenda.
Jeanne D. Knox, as Clerk for Sanitary and Improvement District No. 577 of Douglas County,
Nebraska (the "District") does hereby certify that the above proceedings are a true and accurate statement
of the proceedings had by the District at its April 11, 2022 meeting.
4-CY
Je nn D. Knox, Clerk