2009-08-04 SID 258 Minutes t
RECEIVED Co LE))
09 flUG 21 9: I3
MINUTES OF MEETING OF SANITARY AND
CITY CL.=E.r,K IMPROVEMENT DISTRICT NO. 258 OF
OMANA, ! cBi A` 'c '' SARPYCOUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 258
of Sarpy County, Nebraska, was convened in open and public session at 10:00 a.m. on
August 4, 2009 at 11550"I"Street, Suite 200, Omaha, Nebraska. Present were: Trustees
Paul S. McCune, Michelle Zimmerman, Stacey Holt, Merlyn Masters and Susan McCune;
Absent: None. Also present was Attorney Robert J. Huck.
Notice of the meeting was given in advance thereof by publication in The Papillion
Times, Papillion, Nebraska, on July 30, 2009, a copy of the Proof of Publication being
attached to these minutes. Notice of this meeting was sent to the Gretna City Clerk, 204
North McKenna Avenue, Gretna, 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 then directed the Board's attention to Agenda Item No. 3, 2009-2010
Budget and Tax Levy, and presented the proposed budget statement for the District,which
had previously been prepared with the assistance of the District's auditors, all in
accordance with the Nebraska statutes. The Board reviewed the proposed dollar
requirement and the proposed budget documents.
The Chairman also noted that the Board has until October 13 to vote to establish
a tax request different from the prior year, provided that a majority of the Board votes for
such approval at a special public hearing, notice of which must be published at least five
days prior to the hearing.
After full discussion, the following resolutions were duly moved and seconded, to-
wit:
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 2
RESOLVED, that the Board of Trustees of Sanitary and
Improvement District No. 258 of Sarpy County, Nebraska,does
herewith propose the budget heretofore filed with the Clerk of
the District;that a hearing on such proposed budget be held on
September 8, 2009, at 10:00 a.m. at 11550 I Street, Suite
200, Omaha, Nebraska; that public notice of the place and
time of such hearing, together with the summary of the
proposed budget statement, be published in The Papillion
Times of Papillion, Nebraska, on or before September 3, 2009.
Further resolved, that a special public hearing be held on
September 8, 2009, at 10:15 a.m. at 11550 I Street, Suite
200, Omaha, Nebraska, for the purpose of establishinga tax
P P
request which is different from that of the prior year; that public
notice of the place and time of such hearing be published in
The Papillion Times of Papillion, Nebraska, on or before
September 3, 2009.
On roll call on the foregoing resolutions, the following Trustees voted aye: Paul S.
McCune, Michelle Zimmerman, Stacey Holt, Merlyn Masters and Susan McCune; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolution to be duly carried and adopted.
The Chairman then directed the Board's attention to Agenda Item No. 4, Correction
of Annual Interest Payment to RBC Capital Markets Corp., and informed the Board that
after the Board meeting held on June 18, 2009, Kuehl Capital Corporation discovered that
the information provided to the District for payment of the annual interest to RBC Capital
Markets Corp. was incorrect. Although the total amount paid was correct, the warrants
were issued in amounts according to security numbers, rather than the amounts of
individual investor accounts held at RBC Capital Markets Corp. Therefore, Kuehl Capital
Corp. has requested that the Board cancel Construction Fund Warrant Nos. 899 through
937, inclusive, and issue new Construction Fund Warrant Nos. 938 through 1070,
inclusive, payable to RBC CAPITAL MARKETS CORP. dated June 18, 2009, in the
amounts listed on the attachment to their correspondence(totaling $278,569.43 to replace
the canceled warrants). A copy of said correspondence is attached to these minutes for
reference. After full and complete discussion the following resolutions were duly moved
and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 258 of Sarpy County, Nebraska, that
Construction Fund Warrant Nos. 899 through 937, inclusive,
issued on June 18, 2009, in the total amount of$278,569.43,
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 3
payable to RBC CAPITAL MARKETS CORP. be, and the
same hereby are, canceled.
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be filed with the Treasurer of Sarpy County,
Nebraska.
RESOLVED FURTHER, that the Chairman and Clerk be and
hereby are authorized and directed to execute and deliver
Construction Fund Warrants Nos. 938 through 1070, inclusive,
dated June 18, 2009, in the total amount of $278,569.43 to
replace the amounts due under canceled Warrant Nos. 899
through 937, to the following payees and in the following
amounts, to be drawn on the Construction Fund Account of the
District and to draw interest at the rate of seven percent (7%)
per annum (interest to be payable on July 1 of each year), and
to be redeemed no later than the dates noted below, subject
to extension of said maturity date, by order of the District Court
of Sarpy County, Nebraska, after notice is given as required by
law, to-wit:
CONSTRUCTION FUND
(Due June 18, 2014)
1. Warrant No. 938 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
2. Warrant No. 939 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
3. Warrant No. 940 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
4. Warrant No. 941 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
5. Warrant No. 942 in the sum of $1,584.31 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 4
6. Warrant No. 943 in the sum of$141.79 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
7. Warrant No. 944 in the sum of $1,487.03 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
8. Warrant No. 945 in the sum of $2,965.83 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
9. Warrant No. 946 in the sum of $4,200.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
10. Warrant No. 947 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
11. Warrant No. 948 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
12. Warrant No. 949 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
13. Warrant No. 950 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
14. Warrant No. 951 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
15. Warrant No. 952 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 5
16. Warrant No. 953 in the sum of $4,200.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
17. Warrant No. 954 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
18. Warrant No. 955 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
19. Warrant No. 956 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
20. Warrant No. 957 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
21. Warrant No. 958 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
22. Warrant No. 959 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
23. Warrant No. 960 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
24. Warrant No. 961 in the sum of $1,992.44 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
25. Warrant No. 962 in the sum of$53.59 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
26. Warrant No. 963 in the sum of$956.30 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 6
27. Warrant No. 964 in the sum of $1,194.52 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
28. Warrant No. 965 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
29. Warrant No. 966 in the sum of $1,400.00 payable a able to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
30. Warrant No. 967 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
31. Warrant No. 968 in the sum of$317.54 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
32. Warrant No. 969 in the sum of $5,873.15 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
33. Warrant No. 970 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
34. Warrant No. 971 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
35. Warrant No. 972 in the sum of $2,800.00 payable a able to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
36. Warrant No. 973 in the sum of $1,229.74 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
37. Warrant No. 974 in the sum of $7,688.01 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 7
38. Warrant No. 975 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
39. Warrant No. 976 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
40. Warrant No. 977 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
41. Warrant No. 978 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
42. Warrant No. 979 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
43. Warrant No. 980 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
44. Warrant No. 981 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
45. Warrant No. 982 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
46. Warrant No. 983 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
47. Warrant No. 984 in the sum of $14,029.22 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
48. Warrant No. 985 in the sum of $1,361.28 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 8
49. Warrant No. 986 in the sum of $1,411.19 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
50. Warrant No. 987 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
51. Warrant No. 988 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
52. Warrant No. 989 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
53. Warrant No. 990 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
54. Warrant No. 991 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
55. Warrant No. 992 n the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
56. Warrant No. 993 in the sum of $7,000.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
57. Warrant No. 994 in the sum of $7,000.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
58. Warrant No. 995 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
59. Warrant No. 996 in the sum of $1,880.67 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 9
60. Warrant No. 997 in the sum of$700.00 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
61. Warrant No. 998 in the sum of $4,200.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
62. Warrant No. 999 in the sum of $2,800.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
63. Warrant No. 1000 in the sum of $314.86 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
64. Warrant No. 1001 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
65. Warrant No. 1002 in the sum of $637.22 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
66. Warrant No. 1003 in the sum of$10,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
67. Warrant No. 1004 in the sum of $675.63 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
68. Warrant No. 1005 in the sum of $1,334.03 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
69. Warrant No. 1006 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
70. Warrant No. 1007 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 10
71. Warrant No. 1008 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
72. Warrant No. 1009 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
73. Warrant No. 1010 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
74. Warrant No. 1011 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
75. Warrant No. 1012 in the sum of $5,226.74 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
76. Warrant No. 1013 in the sum of $7,000.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
77. Warrant No. 1014 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
78. Warrant No. 1015 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
79. Warrant No. 1016 in the sum of $3,233.66 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
80. Warrant No. 1017 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
81. Warrant No. 1018 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 11
82. Warrant No. 1019 in the sum of $3,105.37 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
83. Warrant No. 1020 in the sum of $715.27 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
84. Warrant No. 1021 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
85. Warrant No. 1022 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
86. Warrant No. 1023 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
87. Warrant No. 1024 in the sum of $922.08 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
88. Warrant No. 1025 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
89. Warrant No. 1026 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
90. Warrant No. 1027 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
91. Warrant No. 1028 in the sum of $7,355.13 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
92. Warrant No. 1029 in the sum of $5,600.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 12
93. Warrant No. 1030 in the sum of $2,800.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
94. Warrant No. 1031 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
95. Warrant No. 1032 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
96. Warrant No. 1033 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
97. Warrant No. 1034 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
98. Warrant No. 1035 in the sum of $4,526.95 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
99. Warrant No. 1036 in the sum of $1,021.01 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
100. Warrant No. 1037 in the sum of$23.85 payable to RBC
Capital Markets Corp. in payment of annual interest on
warrants.
101. Warrant No. 1038 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
102. Warrant No. 1039 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
103. Warrant No. 1040 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 13
104. Warrant No. 1041 in the sum of $769.11 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
105. Warrant No. 1042 in the sum of $283.46 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
106. Warrant No. 1043 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
107. Warrant No. 1044 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
108. Warrant No. 1045 in the sum of $7,000.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
109. Warrant No. 1046 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
110. Warrant No. 1047 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
111. Warrant No. 1048 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
112. Warrant No. 1049 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
113. Warrant No. 1050 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
114. Warrant No. 1051 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 14
115. Warrant No. 1052 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
116. Warrant No. 1053 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
117. Warrant No. 1054 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
118. Warrant No. 1055 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
119. Warrant No. 1056 in the sum of $1,911.28 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
120. Warrant No. 1057 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
121. Warrant No. 1058 in the sum of $480.56 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
122. Warrant No. 1059 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
123. Warrant No. 1060 in the sum of $2,800.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
124. Warrant No. 1061 in the sum of $2,800.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
125. Warrant No. 1062 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
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SID No. 258 of Sarpy County, Nebraska Page 15
126. Warrant No. 1063 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
127. Warrant No. 1064 in the sum of $2,100.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
128. Warrant No. 1065 in the sum of $3,500.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
129. Warrant No. 1066 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
130. Warrant No. 1067 in the sum of $1,400.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
131. Warrant No. 1068 in the sum of $4,587.25 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
132. Warrant No. 1069 in the sum of $700.00 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
133. Warrant No. 1070 in the sum of $579.36 payable to
RBC Capital Markets Corp. in payment of annual
interest on warrants.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 258 of Sarpy 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
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Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 16
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.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 258 of Sarpy 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. 258 of Sarpy 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
Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 17
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 Sarpy 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.
v
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: Paul S.
McCune, Michelle Zimmerman, Stacey Holt, Merlyn Masters and Susan McCune; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolution to be duly carried and adopted.
With respect to Agenda Item No. 5, Attorney Huck reviewed briefly with the Board
the proposed renewal of the District's general liability insurance coverage as put together
by UNICO Group on behalf of the Greco Insurance Agency. The premium for the renewal
Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 18
of the general liability coverage is $603.00. After further discussion, the following
resolution was moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 258 of Sarpy County, Nebraska, that
the policies of general liability and umbrella insurance for the
period 4/14/09 through 4/14/10 be and hereby are approved;
and further, that the Clerk is directed to retain said policies for
the District's records.
On roll call on the foregoing resolutions, the following Trustees voted aye: Paul S.
McCune, Michelle Zimmerman, Stacey Holt, Merlyn Masters and Susan McCune; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolution to be duly carried and adopted.
The Chairman then dire
cted the Board's attention to Agenda Item No. 6, and
reported that, on behalf of the District, he executed the engagement letter dated
July 22, 2009 with Lutz & Company, P.C., the District's Auditor, for the preparation of the
District's 2009-2010 Budget and the audit for fiscal year ended June 30, 2009. A copy of
the engagement letter is attached to these minutes for reference. After discussion, the
following resolution was duly moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 258 of Sarpy County, Nebraska,that
the actions of the District's Chairman in executing the
engagement letter with Lutz & Company, P.C. for the
preparation of the 2009-2010 Budget and the Audit for fiscal
year ended June 30, 2009 be, and hereby is, ratified and
confirmed in all respects.
On roll call on the foregoing resolutions, the following Trustees voted aye: Paul
S. McCune, Michelle Zimmerman, Stacey Holt, Merlyn Masters and Susan McCune;
voting nay thereon were the following Trustees: None. The Chairman then declared
said resolution to be duly carried and adopted.
The Chairman then directed the Board's attention to Agenda Item No. 7, Bills of
the District, and presented for the Board's consideration the hereinafter described bills,
statements and invoices. After review of same and thorough discussion, the following
resolutions were duly moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 258 of Sarpy County, Nebraska, that
the Chairman and Clerk be and they hereby are authorized
Minutes of Meeting of Board of Trustees . August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 19
and directed to execute and deliver Warrants Nos. 1071
through 1080, inclusive, of the District, dated the date of this
meeting, to the following payees and in the following amounts,
Warrant Nos. 1071 through 1080, inclusive,to be drawn on the
General Fund of the District and to draw interest at the rate of
seven percent (7%) per annum, and no warrants to be drawn
on the Construction Fund Account of the District and to draw
interest at the rate of seven percent (7%) per annum (interest
to be payable on July 1 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 Sarpy County, Nebraska, after notice is given as
required by law, to-wit:
GENERAL FUND
(Due August 4, 2012)
1. Warrant No. 1071 in the sum of $2,735.75 payable to
Omaha Public Power District, in payment of street light
service from 6/4/09 through 7/8/09, account number
6851081182.
2. Warrant No. 1072 in the sum of $49.50 payable to
Advantage Seeding&Sprinklers in payment of sprinkler
repair in the boulevard right of ways in the District per
Invoice No. 930.
3. Warrant No. 1073 in the sum of $250.00 payable to
Zimmerman Lawn Care for weed control in the
boulevard right of ways in the District per Invoice No.
19.
4. Warrant No. 1074 in the sum of $1,530.00 payable to
Nebraska Hydro-Seeding for mowing the Schram Road
ROW in the District per Invoice No. 4464.
5. Warrant No. 1075 in the sum of $1,350.00 payable to
McCune Inc. (formerly Jason's Pro-Mow) for boulevard
and right of way maintenance in the District per Invoice
Nos. 215 and 227.
. r 'y
•
Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 20
6. Warrant No. 1076 in the sum of $603.00 payable to
UNICO Group for renewal of general liability policy no.
#CGSNEG03333.
7. Warrant No. 1077 in the sum of $1,249.62 payable to
Lamp, Rynearson & Associates, Inc. in payment of
engineering services per Invoice No. 0104008.900-
0000017.
8. Warrant No. 1078 in the sum of$3,000.00 and Warrant
No. 1079 in the sum of $1,843.68 (total $4,843.68)
payable to Croker, Huck, Kasher, DeWitt, Anderson &
Gonderinger, L.L.C. in payment of legal services and
costs per statements dated 7/21/09 and 8/4/09;
Account No. 479-000.
9. Warrant No. 1080 in the sum of $630.58 payable to
Kuehl Capital Corporation in payment of placement fee
for Warrant Nos. 1071 through 1079, inclusive.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 258 of Sarpy 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;
Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 21
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. 258 of Sarpy 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. 258 of Sarpy 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 Sarpy 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
Minutes of Meeting of Board of Trustees August 4, 2009
SID No. 258 of Sarpy County, Nebraska Page 22
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: Paul S.
McCune, Michelle Zimmerman, Stacey Holt; Merlyn Masters and Susan McCune; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolution to be duly carried and adopted.
With respect to Miscellaneous Matters, the Chairman reported that a refund of
$2,248.30 has been received from Omaha Public Power District on the Sanitary Sewer -
Section I (OPPD Transformer) project. The sum has been deposited to the District's
construction fund account, as evidenced by the Treasurer's receipt attached to these
minutes.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
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$a I . McCune, irmah & Trustee
L,/,‘.0jd j
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Michelle Zimmerman, Clerk & Trustee
00381308.WPD