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
•
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, ,</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
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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
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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