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2022-09-13 SID 473 Minutes (3) MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO.473 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas County, Nebraska, was convened in open and public session at 8:15 a.m. on the 13th day of September, 2022, at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: Dennis Nichols, Lisa Juricek and Patricia Gooch. Absent: None. Notice of the meeting was given in advance thereof by publication in The Daily Record on September 6, 2022, 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 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 agenda was at all times available at the office for the District at Regency Center, 10250 Regency Circle, Suite 300, Omaha, Nebraska 68114. The meeting was called to order. Upon roll call, all of the above-referenced Trustees were present. It was first 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. Discussion was had concerning the budget hearing which was held immediately prior to this meeting. After a lengthy discussion and upon a motion duly made and seconded, and upon a roll call vote, the Trustees, Dennis Nichols, Lisa Juricek and Patricia Gooch, voted "Aye" with none voting "Nay" with the following resolution being thereby adopted and approved: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas County, Nebraska, that the budget and tax levy as tentatively set forth be adopted as the final budget and levy in accordance with Exhibit"A" attached hereto and by this reference made a part hereof. Further that the Clerk of the District be directed to file a copy of the adopted budget with the levying board of the State Auditor's office as well as certifying the levy to the Douglas County officials as well as attaching a proof of publication to such adopted budget. With the budget for the District having been adopted, it was then stated that it would be appropriate at this time to levy the tax in accordance with the budget statement. After a full and complete discussion and upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Dennis Nichols, Lisa Juricek and Patricia Gooch voted "Aye" with none voting "Nay" thereby passing and adopting the following resolution: RESOLVED, that Sanitary and Improvement District No. 473 of Douglas County, Nebraska, levy and collect for the year 2022-2023 a tax of $0.880000 per One Hundred and no/100 Dollars ($100.00) actual valuation of taxable property in the District, except intangible property, said tax to be credited to the appropriate fund as indicated below: $0.280000 on each One Hundred and no/100 Dollars ($100.00) actual valuation to be credited to the General Fund of the District and thereby collect$558,404.25 in taxes to be credited to this fund; and $0.600000 on each One Hundred and no/100 Dollars ($100.00) actual valuation to be credited to the Construction (Bond) Fund of the District and thereby collect $1,196,580.54 in taxes to be credited to this fund. FURTHER RESOLVED, that the Clerk of this District be and hereby is directed to deliver and file with the County Clerk of Douglas County, Nebraska and the Auditor of Public Accounts, a copy of this resolution. There were next presented miscellaneous bills, invoices, statements, and recommendations for the Board's consideration. There was next presented a statement from UMB Bank, N.A., for paying agent administrative fee, Invoice#928579, in the amount of One Hundred Four and 17/100 Dollars($104.17). There was next presented a statement from Lamp Rynearson, engineers for the District, for services rendered in construction-related matters through August 13, 2022, Invoice #194, in the amount of Five Thousand Seven Hundred Forty-Five and 56/100 Dollars($5,745.56). There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for the District, for legal services performed in construction-related matters, in the amount of Two Hundred Ninety and no/100 Dollars ($290.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment of Estimate No. 1, to the contract for Paving Maintenance 2021 (Pine Creek), in favor of Pave LLC, in the amount of Ninety-Nine Thousand Nine Hundred Twenty-Six and 10/100 Dollars($99,926.10). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment to the contract for Green Area Maintenance — Landscapinq 2019 (Pine Creek), in favor of Royal Lawns Inc., Estimate No. 35, in the amount of One Thousand Five and no/100 Dollars ($1,005.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment to the contract for Green Area Maintenance — Mowing 2019 (Pine Creek), in favor of Royal Lawns Inc., Estimate No. 25, in the amount of Two Thousand Eight Hundred Thirty and no/100 Dollars ($2,830.00). There was next presented a statement from Lamp Rynearson, engineers for the District, for services rendered in miscellaneous District maintenance matters through August 13, 2022, Invoice #193, in the amount of Six Hundred Seven and 08/100 Dollars ($607.08). There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for the District, for legal services performed in miscellaneous District matters through August 31, 2022, in the amount of Three Thousand Eight Hundred Two and no/100 Dollars ($3,802.00), and costs advanced in the amount of Fifty-Five and 36/100 Dollars ($55.36); said statement being in the aggregate amount of Three Thousand Eight Hundred Fifty-Seven and 36/100 Dollars ($3,857.36). The previously described bills, invoices, recommendations and statements having been presented for the Board's consideration and after review and discussion of such items, the following resolution was duly moved and passed: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 6141 through 6144 of the District, dated the date of this meeting, to the following payee and in the following amount, said Warrant to be drawn on the Construction Fund of the District and to draw interest at the rate of seven percent (7%) per annum (interest to be payable on June 1 of each year) and to be redeemed no later than September 13, 2027, subject to extension of said maturity date by order of the District Court of Douglas County, Nebraska, after notice is given as required by law,to-wit: Warrant No. 6141, in the amount of One Hundred Four and 17/100 Dollars($104.17), payable to UMB Bank, N.A. Warrant No. 6142, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6143, for the amount of Seven Hundred Forty-Five and 56/100 Dollars ($745.56), payable to Lamp Rynearson. Warrant No. 6144, for the amount of Two Hundred Ninety and no/100 Dollars ($290.00), payable to Pansing Hogan Ernst & Bachman LLP. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant Nos. 6145 through 6168 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 seven percent(7%) per annum and to be redeemed no later than September 13, 2025, subject to extension of said maturity date by order of the District Court of Douglas County, Nebraska, after notice is given as required by law,to-wit: Warrant Nos. 6145 through 6163, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6164, for the amount of Four Thousand Nine Hundred Twenty-Six and 10/100 Dollars ($4,926.10), payable to Pave LLC. Warrant No. 6165, for the amount of One Thousand Five and no/100 Dollars($1,005.00), payable to Royal Lawns Inc. Warrant No. 6166, for the amount of Two Thousand Eight Hundred Thirty and no/100 Dollars ($2,830.00), payable to Royal Lawns Inc. Warrant No. 6167, for the amount of Six Hundred Seven and 08/100 Dollars ($607.08), payable to Lamp Rynearson. Warrant No. 6168, for the amount of Three Thousand Eight Hundred Fifty-Seven and 36/10 Dollars ($3,857.36), payable to Pansing Hogan Ernst& Bachman LLP. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 473 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. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 473 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 $10,000,000 during the calendar year in which the above Warrants are to be issued. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 473 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) ten percent (10%) of the net principal proceeds of the above Warrants, (b)the maximum annual debt service due on the above Warrants, or (c) one hundred twenty-five percent (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 thirteen (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 thirteen (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. The next order of business was discussion regarding the future improvement of the intersection at 156th and State Streets. The Trustees were reminded that the District was obligated to participate in this but has not been able to do so previously and so the project has not advanced. Mark LaPuzza reported that Jen Kobza believes the District can afford the expense under reasonable expectations of its debt savings from an early 2023 bond refunding. The Trustees directed Mark LaPuzza to contact the County engineer and notify them that the District is likely willing to participant in the project but will not be able to commit to do so until the early part of 2023. If this is not feasible for the County, the project should be moved to the 2024 construction season. The next order of business was discussion regarding engineering bills. The Trustees asked that the District engineer provide greater detail in billing statements if possible. Dennis Nicholas reported that he was receiving regular and detailed information from the engineer given his position as Chairman. Mark LaPuzza was directed to request the enhanced billing information from Bryan Kratky of Lamp Rynearson. The next order of business was discussion regarding the designated park area. There were question as to whether potential infrastructure development may be possible in that area including potential for a solar power installation. Mark LaPuzza explained that the development was conditioned upon the park being a part of the City of Omaha Parks Plan and the City would likely not agree to such a use. Although the District is not required to put in its park until it is financially able to do so, which may be some time down the road, converting park property to non-park properties is not functionally possible in this instance. The next order of business was discussion regarding several green space areas which are presently being maintained by homeowners. Certain areas adjacent to individual lots are maintained by homeowners consistent with their own lots as opposed to the general mowing services provided by the District. There was some discussion whether the District would be able to convey a portion of these Outlots to individual property owners. It was discussed that if such owners wish to do so, they could undertake the legal and regulatory efforts required and the District would consider the option but that the District would not incur expense in that regarding. To the extent that such areas are used for District operations such transfers would not be allowable. [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK- SIGNATURES APPEAR ON THE FOLLOWING PAGE] The Clerk next reviewed the Agenda which had been available for public inspection in accordance with the law prior to this meeting of the Board of Trustees and reported that all matters considered by the Board at this meeting appeared on the Agenda. Lisa M. Juricek, as Clerk for Sanitary and Improvement District No. 473 of Douglas County, Nebraska (the "District") does hereby certify that the above proceedings are a true and accurate statement of the proceedings had by the District at its September 13, 2022, meeting. Lisa M Juricek, C erk