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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 1 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 2 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 3 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. 4 LLSP2-- t(j- Lisa Naylon, Acti 0hairman Rick North, Clerk • • 5 � � � c e co ia 5 0 • 0 Q a as 34 ao � 04 z ta CO . J �. 40 in 0 x 0a� a �wA IP P. VI *te w 4421) a ril - 4- 0FQ . S r. � Op � � q . w i � a 11,3 � co F ce „ co o no b a g ; 0,.., PC aM. 0 1-1 ct go 04 rt-t 0 0 . 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I. .UQ. m,o®i=Yw�_- 000008 d:v-3 c ca c ,,tili.=.mom cc g °� —`N NiV N N 2:m-O O°, J N f O O >, 0.2—_....-- .m'di..2-O Cam OOOO:Orx=YNNL -90.0c N~NpN Om ;d'NaQam'o= m NNNNNHF'.�mn.a co O 1.7 i'l000'O.NO Ems. . .!rRin E m O m !�fA L N NN d, 80.m ' 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 2 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.