2008-12-09 SID 494 Minutes •
RECEIVED
09 am 20 AP 8: 49
MINUTES OF MEETING OF SANITARY AND C i T y CL c R K
IMPROVEMENT DISTRICT NO. 494,OF nMAHA, NEQR4SK4
DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 494
of Douglas County, Nebraska, was convened in open and public session at 3:00 p.m. on
December 9, 2008, at 2120 South 72nd Street, Suite 1200, Omaha, Nebraska. Present
were: Trustees Dan J. McCarty, John A. Rice, Gary L. Shipley, Dennis Kimberlin and
Gerald M. Mines. Absent: None. Also present were Engineer Doug Dreessen, Gene Ward
and Siegfried Ricks, residents of the District and representatives of the homeowners
association, and Attorney Robert J. Huck.
Notice of th
e e meeting was given in advance thereof by publication in The Daily
Record, Omaha, Nebraska, on December 2, 2008, a copy of the Proof of Publication being
attached to these minutes. Notice of this meeting was sent to the Omaha City Clerk, 1819
Farnam Street, Omaha, Nebraska, not less than seven (7) days prior to the date of this
meeting. 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 undersigned Clerk hereby certifies that these minutes were written and
available for public inspection within ten (10) working days after the date of said meeting.
After calling the meeting to order and completion of roll call, 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 Chairman directed the Board's attention to Agenda Item No. 3, approval of the
minutes of the meeting of the Board held on October 8, 2008. A motion was made and
seconded that, with the exception of a minor change to page 2, the minutes for the meeting
of the Board held on October 8, 2008, be approved and accepted. On roll call on said
resolution, the following Trustees voted aye: Gerald M. Mines, Dan J. McCarty, John A.
Rice, Gary L. Shipley and Dennis Kimberlin; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolution to be duly carried and
adopted.
The Chairman directed the Board's attention to Agenda Item No. 4, Public Input.
a) Gene Ward reported that a letter was sent to homeowners from the
Homeowners Association officers asking any homeowners who had questions or
comments on SID or neighborhood matters to get in touch with them. No replies were
received.
Minutes of Meeting of Board of Trustees December 9, 2008
SID No. 494 of Douglas County, Nebraska Page 2
b) Trustee Mines reported that he had received an inquiry as to whether minutes
of SID Board meetings could be made available to the public faster. Minutes are available
within 10 days; however, it has been the District's policy not to distribute them to the
homeowners association until the SID Board has had a chance to formally approve them
at the next meeting. In the meantime, minutes are filed with the City Clerk as soon as all
the necessary papers are signed and returned to the attorney's office. A suggestion was
made that Board members relate any requested changes in meeting minutes to the
Chairman before the following formal meeting of the Board.
There were also some questions regarding some signs in the SID, as well as the
need to mow some weeds in the right-of-way, as well as the storm water flow from the
Champions golf course.
Engineer Dreessen was requested to review the topographical maps as they relate
to golf course water runoff.
The Chairman directed the Board's attention to Agenda Item No. 5 for the
Engineer's Report. The following matters were discussed:
a) Engineer Dreessen reported that the County has done some roadwork in the
District and also that some additional silt fence can now be removed.
b) With regard to Lots 15 and 16 in Block 2, he reported that MUD would have
charged a lump sum of$6,410.20 to connect those lots to the 135th Street water main. The
SID assessment for connection to its water main was $3,960.90, payable over ten years.
c) It was noted that the SID is not Thompson, Dreessen & Dorner fo
r
p e or
inspections of private silt fences, which are the responsibility of the lot owner(s).
The Chairman directed the Board's attention to Agenda Item No. 6 regarding the
status of special assessments which were levied on June 25, 2007. The Board reviewed
an analysis prepared by the District's fiscal agent which discloses that approximately 60%
of the special assessments are either paid in full or have had some payments made; the
rest are delinquent on the first payment. Discussion ensued.
The Chairman directed the Board's attention to Agenda Item No. 7, Payment of Bills
of the District, and presented for the Board's consideration the following bills, statements
and invoices. After thorough review of same and discussion thereon, the following
resolutions were duly moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 494 of Douglas County, Nebraska,
that the Chairman and Clerk be and they hereby are
authorized and directed to execute and deliver Warrants
Nos. 890 through 893 of the District, dated the date of this
Minutes of Meeting of Board of Trustees December 9, 2008
SID No. 494 of Douglas County, Nebraska Page 3
meeting, to the following payees and in the following amounts,
said Warrants Nos. 890 through 893 to be drawn on the
General Fund account of the District and to bear interest at the
rate of seven percent (7%) per annum, (interest to be payable
on February 10th of each year, as to the Construction Fund
Warrants only), and to be redeemed no later than the dates
noted below, subject to extension of said maturity date (for
Construction Fund Warrants only), by order of the District
Court of Douglas County, Nebraska, after notice is given as
required by law, to-wit:
GENERAL FUND
(Due December 9, 2011)
1. Warrant No. 890 in the sum of $340.00 payable to
Greco Enterprises Inc. In payment of Invoice No. 51582
for Clerk's bond 1/28/09 - 1/28/11 and Invoice No.
51621 for Chairman's bond 10/8/08 - 10/8/10.
2. Warrant No. 891 in the sum of $1,327.09 payable to
Thompson Dreessen & Dorner Inc. in payment of
Invoice Nos. 84472 and 84824 for professional
services.
3. Warrant No. 892 in the sum of $5,915.12 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statements dated 12/9/08, Accounts
473-000, 473-005 and 473-006.
4. Warrant No. 893 in the sum of$379.11 payable to D.A.
Davidson & Co. in payment of 5% placement fee for
Warrant Nos. 890 through 892.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No.494 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
Minutes of Meeting of Board of Trustees December 9, 2008
SID No. 494 of Douglas County, Nebraska Page 4
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.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 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)(ii) 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.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 494 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:
c
Minutes of Meeting of Board of Trustees December 9, 2008
SID No. 494 of Douglas County, Nebraska Page 5
I. No separate reserve or replacement fund has been
or will be established with respect to the above Warrants. The
District reasonably anticipates that monies in its Bond Fund
reasonably attributable to the above Warrants in excess of the
lesser of: (a) 10% of the net principal proceeds of the above
Warrants, (b) the maximum annual debt service due on the
above Warrants, or (c) 125% of average annual debt service
due on the above Warrants will be expended for payment of
principal of and interest on the above Warrants within 13
months after receipt of such monies. That amount which is
currently held in the District's Bond Fund which exceeds the
amount which is to be expended for payment of principal and
interest on the above Warrants within 13 months after receipt
of such monies, plus that amount arrived at pursuant to the
immediately preceding sentence, will not be invested in any
securities or any other investment obligations which bear a
yield, as computed in accordance with the actuarial method,
in excess of the yield on the above warrants.
2. To the best of their knowledge, information and
belief, the above expectations are reasonable.
3. The District has not been notified of any listing of it
by the Internal Revenue Service as an issuer that may not
certify its bonds.
4. This Certificate is being passed, executed and
delivered pursuant to Section 1.1482(b)(2) of the Income Tax
Regulations under the Internal Revenue Code of 1986, as
amended.
On roll call on the foregoing resolutions, the following Trustees voted aye: Gerald
M. Mines, Dennis Kimberlin, John A. Rice, Dan J. McCarty and Gary L. Shipley; voting nay
thereon were the following Trustees: None. The Chairman then declared said resolutions
to be duly carried and adopted.
Under Agenda Item No. 8, Miscellaneous Matters, the following transpired:
a) The Board scheduled its next meeting for 3:00 p.m. on February 11, 2009,
at 2120 South 72nd Street, Suite 1200, Omaha, Nebraska.
b) The Clerk reported that Oaths of Office for all Board members, as well as the
Bond of the Clerk, have been filed with the County Clerk, as evidenced by the receipts
attached to these minutes.
I n
Minutes of Meeting of Board of Trustees December 9, 2008
SID No. 494 of Douglas County, Nebraska Page 6
c) The Chairman made a presentation regarding the need for general clean up
in the neighborhood, particularly in certain areas. It was agreed that Attorney Huck should
set up a meeting with city council and the City Code Enforcement Officer on this subject.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
Dennis Kimberlin, Chairman & Trustee
John A. Rice, Clerk & Trustee
00359129.WPD