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2007-03-12 SID 499 Minutes , RErritiE [) o MINUTES OF MEETING OF SANITARY AND CITY CLERK, IMPROVEMENT DISTRICT NO. 499 OF [ MP, iA. NL RASI i; DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County, Nebraska,was convened in open and public session at 10:00 a.m. on March 12, 2007, at 14922 A Circle, Omaha, Nebraska. Present were: Trustees Steve Faller, Teresa Hartman, Dan Livingston, Kathleen Livingston and Dan Faller; Absent: None. Also present were Engineer Rickey Carter and Attorney Robert J. Huck. Notice of the meeting was given in advance thereof by publication in The Daily Record, Omaha, Nebraska, on March 6, 2007, a copy of the Proof of Publication being attached to these minutes. Notice of this meeting was sent to the Omaha City Clerk, 1819 Farnam Street, Omaha, 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 directed the Board's attention to Agenda Item No. 3, Audit Report for the year ended June 30, 2006. The Clerk presented the audit report which had been prepared by the District's accountants. Following review, it was duly moved and seconded that said report be accepted and that the Clerk retain a copy for the District's records. On roll call on the foregoing resolution, the following Trustees voted aye: Steve Faller, Teresa Hartman, Dan Livingston, Kathleen Livingston and Dan Faller; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. The Chairman then directed the Board's attention to Agenda Item No. 4, Payment of Bills of the District, and presented for the Board's consideration the following bills, statements and invoices. After thorough review of same and discussion thereon, the following resolutions were duly moved and seconded, to-wit: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County, Nebraska, Minutes of Meeting of Board of Trustees March 12, 2007 SID No. 499 of Douglas County, Nebraska Page 2 that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrants Nos. 680 through 682 of the District, dated the date of this meeting, to the following payees and in the following amounts, said Warrants Nos. 680 through 682 to be drawn on the General Fund account of the District and to bear interest at the rate of seven percent (7%) per annum, (interest to be payable on November 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 Douglas County, Nebraska, after notice is given as required by law, to-wit: GENERAL FUND (Due March 12, 2010) 1. Warrant No. 680 in the sum of $818.51 payable to Omaha Public Power District in payment of street lights service 1/30/07 to 2/27/07, Account No. 3796158951. 2. Warrant No. 681 in the sum of $3,119.10- payable to Kirkham Michael in payment of Engineer's Estimate Nos. 109 and 110 for miscellaneous services. 3. Warrant No. 682 in the sum of $196.88 payable to Kuehl Capital Corporation in payment of 5% placement fee for Warrants 680 and 681. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County, Nebraska, that both they and the District hereby find and determine and covenant, and warrant and agree that (a) the facilities for which the above Warrants are issued are for essential governmental functions and are designed to serve members of the general public on an equal basis; (b)there are no persons with rights to use said facilities other than as members of the general public; (c)ownership and operation of said facilities is with the District or another political subdivision; (d) none of the proceeds of the Warrants will be loaned to any person and to the extent that special assessments have been or are to be levied for any said facilities, such special assessments have been or are to be levied under Nebraska law as a matter of general application to all property specially Minutes of Meetingof Board of Trustees March 12, 2007 SID No. 499 of Douglas County, Nebraska Page 3 benefitted by such facilities in the District; (e)the development of the land in the District is for residential or commercial use; (f) the development of the land in the District for sale and occupation by the general public is proceeding with reasonable speed and (g) the District hereby authorizes and directs the Chairman or Clerk to file, when due, an information reporting form pursuant to Section 149(e)of the Internal Revenue Code of 1986 pertaining to the above Warrants. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 499 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. 499 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: 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 Minutes of Meeting of Board of Trustees March 12, 2007 SID No. 499 of Douglas County, Nebraska Page 4 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. On roll call on the foregoing resolutions, the following Trustees voted aye: Steve Faller, Teresa Hartman, Dan Livingston, Kathleen Livingston and Dan Faller; voting nay thereon were the following Trustees: None. The Chairman then declared said resolutions duly carried and adopted. The Chairman directed the Board's attention to Agenda Item No. 5, Miscellaneous Matters. He reported that the District had received a bid for spring street sweeping in the amount of$500.00. After discussion, the following resolution was moved and seconded, to-wit: RESOLVED, that the engineer be and hereby is authorized to engage K.C. Sweeping to perform spring street sweeping of the streets in the District; that before the commencement of any such street sweeping work, this contractor should be required to file a certificate of insurance with the engineer evidencing the standard coverages required by the District. On roll call on the foregoing resolution, the following Trustees voted aye: Steve Faller, Teresa Hartman, Dan Livingston, Kathleen Livingston and Dan Faller; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. r Minutes of Meeting of Board of Trustees March 12, 2007 SID No. 499 of Douglas County, Nebraska Page 5 There being no further business, a motion for adjournment was duly moved, seconded and unanimously carried. 77( Steve Faller, Chairman & Trustee jeAL,4‘,\J itia,Cbmi/Lzx-1-1 Teresa Hartman, Clerk & Trustee 00306539.WPD