2008-09-16 SID 521 Minutes MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY
AND IMPROVEMENT DISTRICT NO.k521 OF DOUGLAS COUNTY,
NEBRASKA, HELD AT 9:40 A.M. ON SEPTEMBER 16, 2008, AT 11506
NICHOLAS STREET#100, OMAHA, NEBRASKA
The meeting of the Board of Trustees of Sanitary and Improvement
District No. 521 of Douglas County, Nebraska, was convened in open and public
session at 9:40 A.M. on September 16, 2008, at 11506 Nicholas Street #100,
Omaha, Nebraska.
Present at the meeting were Trustees Rick North, Christopher Held, and
Lisa Naylon. Also present was Daniel D. Walsh, attorney for the District and Paul
Piotrowski, accountant for the District. Absent were Patrick G. Day and Robert
Welstead. Upon a motion duly made, seconded and a roll call vote of "aye," Lisa
Naylon was appointed as acting Chairman.
Notice of the budget hearing and budget summary and special hearing to
set final tax request was given in The Daily Record on September 9, 2008, in
compliance with Nebraska statute §13-506, 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
Acknowledgment of Receipt of Notice is attached to these minutes. Availability
of the agenda, which was sufficiently descriptive enough to give public
reasonable notice of the matters to be considered at the meeting, 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 Chairperson then 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 Clerk then announced that the last publication of the notice of this
budget hearing and budget summary and special hearing to set final tax request
was more than five days prior to the time set by the Board of Trustees for public
hearing, as set forth in the Proof of Publication.
The Clerk then certified that notice of this meeting had been given to the
City Clerk of Omaha, Nebraska, 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 a part hereof.
The Chairman then presented the proposed Budget of the District and
advised that the Budget summary had been published in The Daily Record, a
legal newspaper of Douglas County, Nebraska, on September 9, 2008, a copy of
the Proof of Publication being attached to these Minutes. The Chairman then
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called the Board's attention to the proposed Budget and advised that the
proposed Property Tax Request is as follows: •
Bond Fund $ -0- $ -0-
General Fund $ 210,300.00 .849906
Total $ 210,300.00 .849906
The Chairman then advised that the Property Tax Request is a different
amount than the Property Tax Request for the prior year and that it would be
necessary for the Board of Trustees to conduct a Special Public Hearing to hear
and consider comments concerning such Property Tax Request. The Chairman
further advised that Notice of a Special Public Hearing had been published for
such purpose. A discussion was then had concerning the proposed Budget and
setting the Property Tax Request at a different amount than the prior year,
whereupon a motion was duly made, seconded and the following Resolutions
were unanimously adopted:
BE IT RESOLVED that
WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the
Property Tax Request for the prior year shall be the Property Tax Request
for the current year for the purposes of the levy set by the County Board of
ion unless the Governing g Body of the District passes by a
majority vote a Resolution or Ordinance setting the Tax Request at a
different amount; and
WHEREAS, it is in the best interest of the District that the Property Tax
Request for the current year be a different amount than the Property Tax
Request for the prior year.
NOW, THEREFORE, the Governing Body of Sanitary and Improvement
District No. 521 of Douglas County, Nebraska, by a majority vote resolves
that the 2008/2009 Property Tax Request be set as follows:
Bond Fund $ -0- $ -0-
General Fund $ 210,300.00 .849906
Total $ 210,300.00 .849906
that the Clerk of the District be and hereby is directed to execute the
adopted budget and the "Certification of Board Minutes and Property Tax
Request" (hereafter "Certification") on behalf of the District and the Clerk
be and hereby is directed to attach a copy of the fully executed budget to
these minutes; the Clerk be and hereby is directed to file an original
adopted budget and original Certificate executed by the Clerk, with the
original proof of publication, with the County Clerk of Douglas County,
Nebraska, and file a copy of the executed adopted budget with a copy of
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the proof of publication and a copy of the Certification attached thereto
with the Auditor of Public Accounts for the State of Nebraska.
Then, upon a motion duly made, seconded and upon a roll call vote of
"aye" by the Trustees Lisa Naylon, Rick North and Christopher Held, the
following resolutions were unanimously adopted:
BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement
District No. 521 of Douglas County, Nebraska, that both they and the
District hereby find and determine and covenant, warrant and agree that
(a) the facilities for which the above Warrants are issued are for essential
governmental functions and are designed to serve members of the
general public on an equal basis; (b) there are no persons with rights to
use said facilities other than as members of the general public; (c)
ownership and operation of said facilities is with the District or another
political subdivision; (d) none of the proceeds of the Warrants will be
loaned to any person and to the extent that special assessments have
been or are to be levied for any said facilities, 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 such facilities in the
District; (e) the development of the land in the District is for residential or
commercial use; (f) the development of the land in the District for sale and
occupation by the general public is proceeding with all reasonable speed
and the District herebyauthorizes and directs the Chairman or Clerk to
(g)
file, when due, an information reporting form pursuant to Section 149(e)
of the Internal Revenue Code of 1986 pertaining to the above Warrants.
BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 521 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.
BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 521 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
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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 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 less 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
exceptions 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.
There being no further business to come before the meeting, the meeting
was adjourned.
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LLSP2-- t(j-
Lisa Naylon, Acti 0hairman
Rick North, Clerk
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ACKNOWLEDGMENT OF RECEIPT OF
NOTICE OF MEETING
The undersigned Trustees of Sanitary and Improvement District No. 521 of
Douglas County, Nebraska do hereby acknowledge receipt of advance notice of a
meeting of the Board of Trustees of said District and the agenda for such meeting held
at 9:40 AM on September 16, 2008, at 11506 Nicholas Street#100, Omaha, Nebraska.
DATED this 16th day ofwSeptember, 2008.
CERTIFICATE
The undersigned being Clerk of Sanitary and Improvement District No. 521 of
Douglas County, Nebraska, hereby certifies that the Notice of Meeting for said
District held on September 16, 2008, and was e-mailed to the City Clerk of
Omaha at least five days prior to the date of said meeting.
The undersigned further certifies that the agenda for the said District was
prepared and available for public inspection at the address designated in the
notice of meeting published in The Daily Record on September 9, 2008, 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 City Clerk of Omaha, Nebraska, within thirty days
from the date of this meeting.
Clerk
CERTIFICATE
The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and
Improvement District Number 521 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. Advance 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. Advance 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 advance 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
obligations issued bythe District or the levyand
issuance and deliveryof anywarrants or otherg
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 le day of
September, 2008.
Chairperson
Clerk
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it
AGENDA
Sanitary and Improvement District No. 521 of Douglas County, Nebraska; Meeting to be
held at 11506 Nicholas Street, Suite 100 Omaha, Nebraska at 9:40 a.m. on September 16,
2008.
1. Open Meeting Law Posting Acknowledgement — This meeting is subject to
the Nebraska Open Meetings Act. A copy of that Act is posted at the rear of
the conference room."
2. Present proposed budget, vote on and approve same.