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2009-08-04 SID 258 Minutes (2) RE EIVEo LAUGHLIN, PETERSON & LANG ATTORNEYS AT LAW 09 AUG 1 F#I �t , 8: 5 11718 NICHOLAS STREET,SUITE 101 OMAHA,NEBRASKA 68154 (402)330-1900 CITY ,, FAX(402)330-0936 OMAHA, NE.8R4",KA August 7,2009 Mr. Buster Brown Clerk-City of Omaha 1819 Farnam Street Omaha,NE 68183 RE: o f Douglas County,Nebraska Dear Mr.Brown: Enclosed please find a copy of the minutes of the meeting of the Board of Trustees which was held on August 4, 2009, for your records. Sincerely, For the Firm 11 es E. Lang JEL r Encl sure : k" ,RE CEII '` ED MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO.' 'g8 U� I I ' 8 55 OF DOUGLAS COUNTY, NEBRASKA CITY CLERK A meeting of the Board of Trustees of Sanitary and Improvement 131§4IietANN.E2 AKA Douglas County, Nebraska, was convened in open public session at 926 North 168th Avenue, Omaha, Nebraska, at 6:00 p.m., on August 4, 2009. Present were: Sally Ann Bueck, Arlene Tenney, Raymond Weibel and Dennis Musgrove. Absent was Gloria Hightree. Also present was James E. Lang, attorney for the District. Notice of the meeting was given in advance thereof by publication in The Daily Record, of Omaha, Nebraska, on July 28, 2009, a copy of the Proof of Publication being attached to these minutes. 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 of Meeting is attached to these minutes. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Chairperson 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 first item on the agenda was to approve the minutes of the May 19, 2009, District meeting. After a full discussion and upon a motion being duly made and seconded, with everyone voting"aye" and no one voting "no", the following resolution was adopted: RESOLVED, that the minutes of the May 19, 2009, District meeting are hereby approved. The Trustees reported that there were "dune buggies" on the public streets. The Sheriffs office came out and said that the dune buggies were street legal so long as they were licensed. It was not clear if they were licensed or not. One concern is that the District intends to go ahead with road improvements and the dune buggies were tearing up the road. The Board then discussed road repair work. The Board had hired a contractor to repair the road at the end of August or early September by putting down asphalt grindings. This would cost in the neighborhood of$5,000.00. After a full discussion and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting"no",the following resolution was adopted: RESOLVED, that the Board of Trustees hereby approves the road repair work in the District to be conducted in August/September, 2009. A discussion was then held concerning erecting a fence around the well house. The board felt this would add some additional security for the well house area. t e After a full discussion and upon a motion being duly made and seconded, with everyone voting"aye" and no one voting"no", the following resolution was adopted: RESOLVED, that the Board of Trustees hereby approves constructing a fence around the well house. Problem still continue at the residence at 1109 N. 169th Street. There are people from this residence which were parking on the lawn, parking the west side, speeding in the subdivision with their dune buggies, and damaging the road and permitting their dogs to run at large. The Sheriff had been informed of this previously and came out and that appeared to help. The District's attorney agreed to contact the county and inform them of the situation once again. The Chairman stated that the District needs to ratify the issuance of warrant numbers 3187 through 3204. After full discussion upon motion being duly made and seconded with all Trustees present voting "aye" and with no Trustees voting "no",the following Resolution was adopted: RESOLVED, that the Board of Trustees hereby ratifies the issuance of warrant numbers 3187 through 3204 of the District. The Chairman then presented the following items for consideration by the Board: 1. Statement from The Daily Record in the amount of$16.40. 2. Statement from City of Omaha in the amount of$950.35. 3. Statement from OPPD in the amount of$260.57. 4. Statement from NE Public Health Environmental Lab in the amount of $208.00. 5. Statement from Errol Hald in the amount of$420.00. 6. Statement from Arlene Tenney in the amount of$250.00. After a full discussion, and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting "no", the following resolution was adopted: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 258 of Douglas County, Nebraska, that the Chairman and Clerk be and hereby are authorized to execute and deliver the following warrants of the District, dated the date of this meeting, to the following payees and in the following amounts, said Warrants to be drawn on the General Fund of the District and to draw interest at the rate of 7% per annum and to be redeemed no later than August 4, 2012: 1. WARRANT NO. 3205 payable to The Daily Record in the amount of $16.40. 2. WARRANT NO. 3206 payable to the City of Omaha in the amount of $950.35. 3. WARRANT NO. 3207 payable to OPPD in the amount of$260.57. 4. WARRANT NO. 3208 payable to NE Public Health Environmental Lab in the amount of$208.00. 5. WARRANT NO. 3209 payable to Errol Hald in the amount of$420.00. 6. WARRANT NO. 3210 payable to Arlene Tenney in the amount of $250.00. BE IT FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 258 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 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 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. 258 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: 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 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 1.148-2(b)(2) of the Income Tax Regulations under the Internal Revenue Code of 1986, as amended. • There being no further matters to come before the meeting, the same was adjourned. 1 Sally A • ueck, Chairman t Arlene Tenn y, Clerk • `;r f , ,</4,1,14,,/"--A/ ' . Gloria Hightree, rustee Ra mo- Weibel, Trustee deir~ _ OkerjeffrrA.i- Dennis Musgrove, Trustee ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEARING The undersigned Trustees of Sanitary and Improvement District No. 258 of Douglas County, Nebraska, 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 6:00 p.m., on August 4, 2009 at 926 North 168th Avenue, Omaha,Nebraska. Dated this 4th day of August 2009. , di,,a5,,,,,,,..._ Sally Bueck, Chairman „.-2/j1(ei C Tenn Clerk ��2U Arleney, Gloria Hi htree, rustee '). / ,,//V /6:. Yaym6'd Weibel,Trustee r Dennis Musgrove, Trust e CERTIFICATE STATE OF NEBRASKA ) ) COUNTY OF DOUGLAS ) ) SANITARY AND ) IMPROVEMENT ) DISTRICT NO. 258 ) I, the undersigned, Clerk for Sanitary andm Improvement District No. 258 of Douglas p County, Nebraska, hereby certify that all of the subjects included in the attached proceedings were contained in the agenda for the meeting of August 4, 2009, kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that the minutes of the Chairman and Board of Trustees of the District, from which the foregoing proceedings have been extracted, were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August 2009. \CArlene Tenney, Clerk i' CERTIFICATE OF NOTICE STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) I hereby certify that I am the duly qualified and acting Clerk of Sanitary and Improvement District No. 258 of Douglas County, Nebraska, and that, not less than seven (7) days prior to the date set for this meeting of the Board of Trustees of this District, a notice was sent to the City of Omaha Clerk, Omaha, Nebraska, the municipality or county in whose zoning jurisdiction this District is located, notifying said Clerk of this meeting. Dated this 4th day of August 2009. ` r y Arlene Tenney, Clerk CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 258 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 issuance and delivery of any warrants or other obligations issued by the District or the levy and 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 4th day of August 2009. Sally An ueck, Chairman • `. Arlene Tenney, Clerk LAUGHLIN,PETERSON&LANG THE DAILY RECORD Attorneys •11718 Nicholas Street OF OM S H S Suite 101 • i��cai�c>• NOTICE RONALD A. HENNINGSEN,IS HEREBY GIVEN that a , Publisher meeting the,Board of Trustees of ougary PROOF OF PUBLICATION and Improvement District No.258 of Douglas County, Nebraska will be held at 6:00 p.m. on August at N. 166th Avenue, UNITED STATES OF AMERICA, Omaha, Nebraska, whichch meeting will be open to the public. An`agenda for such The State of Nebraska meeting, kept continuously current,is avail- SS. able for public inspection at the office of the District of Nebraska, Chairman of the Board-of the,District at the meeting place specified above,and includes County of Douglas, payment of bills of the District. City of Omaha, • ,ARLENE TENNEY, • Clerk of the District 7.28-09 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha,a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last • past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on July 28, 2009 Tail per during that time was re arly published and ingenterat cuminap 0,m the County of Douglas, tate of Nebraska. ASP.vet L � 1ARY Subscribed in my p sence d sworn t• .efore gyp ','rf r. v Ar: S.:\or 28th fish r'�;4eaES $ 16• me this day of ddit pal,Coppies'$;$' f�'' Jul / /20 09 A..b; Notary P. . is in ...d row,.,_ as ounty, t- • of ebraska • v • SANITARY AND IMPROVEMENT DISTRICT NO. 258 OF DOUGLAS COUNTY,NEBRASKA AGENDA August 4, 2009 6:00 P.M. The following items are the matters which are to be brought before the Board of Trustees of the above District at the meeting. 1. Approve minutes of meeting held on May 19, 2009. 2. Discussion of delinquent water accounts with various property owners. 3. Payment of bills and invoices: a. The Daily Record $ 16.40 b. City of Omaha 950.35 c. OPPD 260.57 d. NE Public Health Environmental Lab. 208.00 e. Errol Hald 420.00 f. Arlene Tenney 250.00 4. General District business. 5. Additional matters brought before the Board of Trustees. Arlene Tenney, Clerk THIS IS YOUR INVOICE Invoice No. 88245 In Account With 16.40 THE DAILY RECORD $ 3323 Leavenworth Street Omaha, Nebraska 68105 SID #258 MEETING To Advertising 7/28/2009 Date • LAUGHLIN PETERSON & LANG BARB SUITE 101 • 11718 NICHOLAS STREET OMAHA NE 68154 TERMS: DUE &PAYABLE UPON RECEIPT—DETACH AND MAIL WITH YOUR CHECK � --'-- The attached legal advertisement appeared COURTESY PROOF in THE DAILY RECORD, as per your • FOR PRIVATE FILES ONLY • request,on the date as indicated by the first two LAUGHLIN,PETERSON&LANG fi uresatthefootoftheadvertisementandwill Attorneys g 11718 Nicholas Street continue the number of times indicated Suite 101 NOTICE. NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No.258 of Douglas (The third figure indicates the number of County, Nebraska will be held at 6:00 p.m. on August 4,2009 at 926 N. 168th Avenue, times notice will be published.) Omaha, Nebraska, which meeting will be open td the public. An agenda for such meeting, kept continuously current, is avail- able for public inspection at the office of the If there are any corrections or alterations to Chairman of the Board of the District at the meeting place specified above, and includes payment of bills of the District. be made,kindly notify us at once.If we do not ARLENE TENNEY, hear from you,we will consider the attached 7.28-09 Clerk of the District publication as being correct. 345-1303 The cost of this advertisement is 16.40 Make all checks payable to THE DAILY RECORD 3323 Leavenworth Street Omaha,Nebraska 68105 THANK YOU - WE APPRECIATE YOUR BUSINESS