2008-06-11 SID 494 Minutes :RECEIVED
08 JW 26 nil 8: 36
MINUTES OF MEETING OF SANITARY AND:i, Y C�_f:cY ,
IMPROVEMENT DISTRICT NO. 494 OF ,
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
June 11, 2008, at 2120 South 72' Street, Suite 1200, Omaha, Nebraska. Present were:
Trustees Dan J. McCarty, Steven G. Reeder and Gary L. Shipley. Absent: Clerk/Trustee
John A. Rice and Trustee Dennis Kimberlin. Also present were Engineer Doug Dreessen,
Lt. Rich Lalley of the Douglas County Sheriffs Department, two residents, and Attorney
Robert J. Huck.
Notice of the meeting was given in advance thereof by publication in The Daily
Record, Omaha, Nebraska, on June 4, 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.
In the absence of the Clerk, Trustee Gary L. Shipley was appointed Acting Clerk for
the meeting.
The Chairman directed the Board's attention to Agenda Item No. 4, Public Input.
Mary Wilkinson of 14051 Patrick Avenue in the District appeared to report a water leak in
her front yard, either coming from the water main or a connection, which she believes is
a result of the recent water project construction. Engineer Dreessen will have the
contractor, Cedar Construction, check the problem and repair it in that the project is still
under warranty. Ms. Wilkinson was asked to contact the engineer if the problem persists.
The Chairman directed the Board's attention to Agenda Item No. 5 and introduced
Lt. Rich Lalley of the Douglas County Sheriffs Department, who was invited to the meeting
to address some problems in the neighborhood and the desire of many residents to have
increased Sheriff's patrols in the area. Lt. Lalley had earlier been provided with a list of
Minutes of Meeting of Board of Trustees June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 2
concerns prepared by Trustee Dennis Kimberlin, and the Lieutenant reviewed the list point
by point and offered suggestions. Some of the main points covered include:
• Extra patrols will be placed in the area, with special attention given to thefts
at construction sites and control of 4-wheelers, motorcycles and ATVs in the
SID, speeding traffic, and under-age drinking and drug use.
• No Trespassing signs will be placed throughout the area.
• It would be helpful if names of those causing disturbances can be provided
to the Sheriff's office. In addition, all break-ins should be reported.
• Inoperable vehicles which are abandoned or parked on private or SID
property for extended periods of time, as well as recreational vehicles,
should be reported to Kevin Mulcayhe or Kevin Danker at the City of Omaha,
and the City will send letters asking that the vehicles be removed.
• As to illegal dumping of yard waste and old appliances, violators can be
ticketed if caught, but the County is not able to remove the debris from
private property.
The Board thanked Lt. Lalley for addressing these issues in SID 494 and for
implementing solutions to them.
The Chairman directed the Board's attention to Agenda Item No. 3, approval of the
minutes of the meeting of the Board held on May 12, 2008. A motion was made and
seconded that the minutes for the meeting of the Board held on May 12, 2008, be
approved and accepted. On roll call on said resolution, the following Trustees voted aye:
Dan J. McCarty, Steven G. Reeder and Gary L. Shipley; 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. 6 for the
Engineer's Report. The following matters were discussed:
a) The locations of No Trespassing signs to be installed by Douglas County
were reported to the Board.
b) There is a silt fence with grass in back of it near Ohio Street. Engineer
Dreessen will check on this and will probably authorize removal of more silt fence.
c) As to the undermined water line which has been reported to the District, the
engineer will have Cedar Construction and/or Metropolitan Utilities District check the matter
and make the necessary repairs.
Minutes of Meeting of Board of Trustees June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 3
d) Some mowing along Lake Street has been done.
e) The purchase of property from Patrick Earl for Sanitary Sewer, Paving and
Storm Sewer Section I has closed.
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 Acting Clerk be and they hereby are
authorized and directed to execute and deliver Warrants
Nos. 864 through 872 of the District, dated the date of this
meeting, to the following payees and in the following amounts,
said Warrants Nos. 864 through 867 to be drawn on the
General Fund account of the District and to bear interest at the
rate of seven percent(7%) per annum, and Warrants Nos. 868
through 872 to be drawn on the Construction 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 June 11, 2011)
1 . Warrant No. 864 in the sum of $712.75 payable to
Commercial Seeding Contractors in payment of Invoice
No. 6095 for outlot mowing and. No. 6140 for erosion
control maintenance.
2. Warrant No. 865 in the sum of $2,890.76 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statement dated 5/21/08, Account
No. 473-000.
Minutes of Meeting of Board of Trustees
s June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 4
3. Warrant No. 866 in the sum of $2,402.94 payable to
Thompson, Dreessen & Dorner, Inc. in payment of
Invoice No. 83487 for professional services.
4. Warrant No. 867 in the sum of$300.32 payable to D.A.
Davidson & Co. in payment of 5% placement fee for
Warrant Nos. 864 through 866.
CONSTRUCTION FUND
(Due June 11, 2013)
5. Warrant No. 868 in the sum of $500.00 payable to
Nebraska land Title & Abstract in payment of Invoice
No. 27199 for owner search re 2008 bond issue.
6. Warrant No. 869 in the sum of $5,000.00 payable to
Ramona Hoffschneider, Larry L. Nuzum, William B.
Nuzum and Wallace Leroy Nuzum in payment of
purchase price for Lot 18 in Block 21, Green Meadows
re Sanitary Sewer, Paving and Storm Sewer Section I.
7. Warrant No. 870 in the sum of$5,000.00 and Warrant
No. 871 in the sum of $2,273.66 (total $7,273.66)
payable to Croker Huck Kasher DeWitt Anderson &
Gonderinger LLC in payment of legal services and costs
per statement dated 6/11/08 re 2008 bond issue,
Account No. 473-004.
8. Warrant No. 872 in the sum of$638.68 payable to D.A.
Davidson & Co. in payment of 5% placement fee for
Warrants Nos. 868 through 870.
• 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 June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 5
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
•
Minutes of Meeting of Board of Trustees June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 6
of the date of the registration of the above Warrants with the
County Treasurer of Douglas County, Nebraska, as follows:
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: Dan J.
McCarty, Gary L. Shipley, and Steven G. Reeder; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolutions to be duly carried and
adopted.
Under Miscellaneous Matters, the following transpired:
a) The Board scheduled its next meeting for 3:00 p.m. on Friday, August 22,
2008, at which time a budget for fiscal year 2008-2009 will be proposed.
Minutes of Meeting of Board of Trustees June 11, 2008
SID No. 494 of Douglas County, Nebraska Page 7
b) The Board discussed the upcoming election of Trustees which is scheduled
for September 9, 2008. Attorney Huck reviewed the critical dates pertaining to the election
with the Board members.
being no further disc ' n on the foregoing resolutio n roll call, the
following tees voted aye: Dan J. arty, Steven G. Reeder, and ry L. Shipley;
,,
voting nay th n were the following Tru s: None. The Chairman the Glared said
resolution duly ried and adopted.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
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Dan ,E McCart , Chairman Trustee
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Gary . Shipley, Acting Cfk & Trustee
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