2022-10-27 SID 473 Minutes 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 8:00 a.m. on the 27th day of October, 2022,
at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Dennis Nichols, Lisa Juricek and Patricia Gooch. Also in attendance was Bryan
Kratky, of Lamp Rynearson and Mark J. LaPuzza, attorney for the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
October 20, 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.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
The Clerk next presented to the Board the final estimate with regard to Paving Maintenance 2021
(Pine Creek) and its installation by Pave LLC, which recommended that a final and complete payment be
made in the total amount of Eleven Thousand One Hundred Two and 90/100 Dollars ($11,102.90)with such
being final payment and the final estimate for work completed on such project. The Clerk also presented
the Certificate of Completion from the District's engineers, Lamp Rynearson, recommending that final
payment and acceptance of such project be made by the District. 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, by the Board of Trustees of Sanitary and Improvement
District No. 473 of Douglas County, Nebraska, that the District's project
entitled Paving Maintenance 2021 (Pine Creek) be accepted as completed
in accordance with recommendation of the District's engineers, Lamp
Rynearson and that final payment be made in the following scheduled
amount:
Contractor Amount
Pave LLC $11,102.90
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. 36, in the amount of One
Thousand Three Hundred Forty-Five and no/100 Dollars ($1,345.00).
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., as follows: (i) Estimate No. 26, in the amount of Three
Thousand One Hundred Twenty-Five and no/100 Dollars ($3,125.00), and (ii) Invoice No. 27, in the
amount of Three Thousand One Hundred Twenty-Five and no/100 Dollars ($3,125.00); said statements
being in the aggregate amount of Six Thousand Two Hundred Fifty and no/100 Dollars ($6,250.00).
There were next presented statements from One Call Concepts, Inc., for line locates within the
District, as follows: (i) Invoice#2080636, in the amount of Forty-One and 52/100 Dollars ($41.52), and (ii)
Invoice #2090638, in the amount of Thirty-Four and 32/100 Dollars ($34.32); said statements being in the
aggregate amount of Seventy-Five and 84/100 Dollars ($75.84). The Board next directed advance
payment to be made in the amount of Two Hundred and no/100 Dollars($200.00).
There were next presented statements from Lamp Rynearson, engineers for the District, for
services rendered in miscellaneous District maintenance matters through October 15, 2022, as follows: (i)
Invoice #195, in the amount of Two Thousand One Hundred Seventy-Eight and 77/100 Dollars
($2,178.77), and (ii) Invoice #196, in the amount of One Thousand Eight Hundred Fifteen and 06/100
Dollars ($1,815.06); said statements being in the aggregate amount of Three Thousand Nine Hundred
Ninety-Four and 73/100 Dollars ($3,994.73).
There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for
the District, for legal services performed through September 30, 2022, in the amount of Two Thousand
Five Hundred Twenty-Nine and no/100 Dollars ($2,529.00), and costs advanced in the amount of Three
Hundred Thirteen and 30/100 Dollars ($313.30); said statement being in the aggregate amount of Two
Thousand Eight Hundred Forty-Two and 30/100 Dollars ($2,842.30).
There were next presented statements from Omaha Public Power District, for Account No.
7027570510, from August 2, 2022, through September 30, 2022, in the aggregate amount of Nine
Thousand Seven Hundred Two and 37/100 Dollars ($9,702.37).
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. 6169 through 6179 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 October 27, 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. 6169 and 6170, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6171, for the
amount of One Thousand One Hundred Two and 90/100 Dollars
($1,102.90), payable to Pave LLC.
Warrant No. 6172, for the amount of One Thousand Three
Hundred Forty-Five and no/100 Dollars ($1,345.00), payable to Royal
Lawns Inc.
Warrant No. 6173, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 6174, for the amount of One
Thousand Two Hundred Fifty and no/100 Dollars ($1,250.00), payable to
Royal Lawns Inc.
Warrant No. 6175, for the amount of Two Hundred and no/100
Dollars($200.00), payable to One Call Concepts, Inc.
Warrant No. 6176, for the amount of Three Thousand Nine
Hundred Ninety-Four and 73/100 Dollars ($3,994.73), payable to Lamp
Rynearson.
Warrant No. 6177, for the amount of Two Thousand Eight
Hundred Forty-Two and 30/100 Dollars ($2,842.30), payable to Pansing
Hogan Ernst&Bachman LLP.
Warrant No. 6178, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 6179, for the amount of Four
Thousand Seven Hundred Two and 37/100 Dollars ($4,702.37), payable to
Omaha Public Power District,Account#7027570510.
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.
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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 October 27, 2022, meeting.
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Juricek, C11,Lk-e-2-40