2008-09-04 SID 499 Minutes RECEIVED
MINUTES OF MEETING OF SANITARY AND
IMPROVEMENT DISTRICT.N(P OI f; 8' 5 i
DOUGLAS COUNTY, NEBRAS ,. E
A meetingof the Board of Trustees of Sanitaryan ' io v eme�m�rove end �istrict No. 499
of Douglas County, Nebraska, was convened in open and public session at 10:00 a.m. on
September 4, 2008, at 14922 A Circle, Omaha, Nebraska. Present were: Trustees Steve
Faller, Dan Livingston and Kathleen Livingston; Absent: Trustee Dan Faller. Also present
were Engineers John Krager and Robert Dean, and Attorney Robert J. Huck.
Notice of the meeting was given in advance thereof by publication in The Daily
Record, Omaha, Nebraska, on August 21 and 28, 2008, 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. Availabilityof the agenda was communicated in the published notice and in the
9
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, public hearing
on resolution of necessity for Potter Street ROW Acquisition of 0.17 acres of ROW across
the property of Bonnie D. Geisler. He presented for the Board's consideration the Proof
of Publication of the proposed resolution, together with a Certification on posting said
resolution in three conspicuous places within the District, all as authorized by the Board at
its meeting held on August 18, 2008. The Clerk certified to the Board that no petition
signed by any owners of property within the District opposing the proposed resolution had
been filed with him as Clerk. No owner or owners of property appeared at the meeting to
object to the proposed ROW acquisition. After full discussion, the following resolution was
duly moved and seconded as follows, to-wit:
RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,
that the resolution of necessity proposed by the Board at its
meeting held on August 18, 2008, for Potter Street ROW
Acquisition, be and he4-eby is passed, verbatim as proposed.
FURTHER RESOLVED that said Board does herewith
authorize the Chairman and Clerk to negotiate with the owners
for such acquisition and to execute such documentation
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 2
effecting such acquisition as shall be recommended by the
District's attorneys;
FURTHER RESOLVED,that payment of such acquisition costs
are authorized to be made at such time as final costs are
determined.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan Livingston and Kathleen Livingston; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolution duly carried and adopted.
The Chairman directed the Board's attention to Agenda Item No. 4, public hearing
on.resolution of necessity for entering into an Water Main Extension Agreement with
Metropolitan Utilities District (MUD Job No. 100055000181 and 100057000120) for Deer
Creek Highlands Northeast - Phase V. He presented for the Board's consideration the
Proof of Publication of the proposed resolution,together with a Certification on posting said
resolution in three conspicuous places within the District, all as authorized by the Board at
its meeting held on August 18, 2008. The Clerk certified to the Board that no petition
signed by any owners of property within the District opposing the proposed resolution had
been filed with him as Clerk. No owner or owners of property appeared at the meeting to
object to the proposed Water Main Extension Agreement. After full discussion, the
following resolution was duly moved and seconded as follows, to-wit:
RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,
that the resolution of necessity proposed by the Board at its
meeting held on August 18, 2008, for entering into a Water
Main Extension Agreement with Metropolitan Utilities District
covering Deer Creek Highlands Northeast, Lots 1-93-Phase V
in the District (MUD Job No. 100055000181 and
100057000120 ), be and hereby is passed, verbatim as
proposed.
FURTHER RESOLVED that said Board does herewith
authorize the Chairman and Clerk to execute said Agreement
on behalf of the District, and does further authorize payment of
the fees required thereby.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan Livingston and Kathleen Livingston; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolution duly carried and adopted.
The Chairman directed the Board's attention to Agenda Item No. 5 for the
Engineer's Report. _Mr. Krager reported on the status of Sanitary Sewer, Storm Sewer&
Paving Public Improvements Section IV:
•
„
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 3
a) (i) Engineer Krager presented Change Order No. 3 to the District's contract
with MBC Construction Company for Sanitary Sewer, Storm Sewer & Paving Public
Improvements Section IV. The change order increases the contract price by $16,080.00
as noted thereon. Following discussion, the following resolution was duly moved and
seconded, to-wit:
RESOLVED,that Change Order No. 3 to the District's contract
with MBC Construction Company for Sanitary Sewer, Storm
Sewer & Paving Public Improvements Section IV be and
hereby is approved; further, that the Chairman be and hereby
is authorized and directed to execute and deliver same on
behalf of the District.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan Livingston and Kathleen Livingston; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolution duly carried and adopted.
•
(ii) The Engineer submitted a Certificate of Acceptance stating that the
project has been completed in substantial compliance with the plans and specifications,
and recommending final payment. After discussion, it was duly moved and seconded to
accept and approve Sanitary Sewer, Storm Sewer& Paving Public Improvements Section
IV, and to order the necessary assessment papers within six months of date hereof.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan Livingston and Kathleen Livingston; voting nay thereon were the following
Trustees; None. The Chairman then declared said resolution duly carried and adopted.
b) General discussion of the District's development ensued.
The Chairman directed the Board's attention to Agenda Item No. 6, 2008-2009
Budget. No property owners in the District appeared at this hearing on the proposed
budget and budget summary to offer support, opposition, criticism, suggestions or
observations concerning the proposed budget. The Chairman noted that the published
notice of this public hearing on the budget had been published in The Daily Record of
Omaha, Nebraska, on August 28, 2008, as previously authorized by the Board. He further
noted that the proposed budget requires property taxes for the general fund of$202,218.40
and no property taxes for the bond fund for the current year, and that in accordance with
the current provisions of the Nebraska lid law, the lid limitation and levy limit do not apply
to the District this year.
He further stated that the Board is required to hold a separate special public hearing
in order to set the 2008-2009 property tax request at an amount which is different from the
prior year's tax request, and that the District has until October 13 to file with the County
Clerk a resolution setting a tax request different from the prior year. The District must also
submit proof of publication of notice of the special hearing. The Chairman noted that the
separate special public hearing-is scheduled for 10:15 a.m. on September 4, 2008.
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 4
The Chairman then declared the public hearing on the budget to be closed and
inquired as to the pleasure of the Board. Thereupon, the following resolutions were duly
moved and seconded, to-wit:
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No.499 of Douglas County, Nebraska,as
follows:
THAT the attached budget proposed by the Board at its
meeting held on September 4, 2008, is hereby adopted,
exactly as proposed; that the 2008-2009 dollar requirement
totaling $202,218.40 is hereby established, $202,218.40 of
said sum to be credited to the District's general fund account,
and $0.00 to be credited to the District's bond sinking fund
account, such budget requiring a total levy of$.8500 per$100
of valuation.
BE IT FURTHER RESOLVED that Robert J. Huck,Attorney for
the District, be and hereby is directed on behalf of the Board
of Trustees to file or cause to be filed said budget and dollar
requirement with the County Board, in care of the County Clerk
of this County, and with the State Auditor of Public Accounts,
on or before September 20, 2008.
On roll call on the foregoing resolutions, the following Trustees voted aye: Steve
Faller, Dan Livingston, and Kathleen Livingston; 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. , and Mr. Huck
reviewed briefly with the Board the proposed renewal of the District's general liability
insurance coverage as put together by the Greco Insurance Agency. The premium for the
renewal of the coverage is$1,283.00. After further discussion,the following resolution was
moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,
that the policy of general liability insurance for the period
10/6/08 through 10/6/09 be and hereby is approved; and
further, that the Clerk is directed to retain said policy for the
District's records.
• On roll call on the`Foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan Livingston, and Kathleen Livingston; voting nay thereon were the following
Trustees: None. The Chairman then declared said resolution duly carried and adopted.
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 5
The Chairman then directed the Board's attention to Agenda Item No. 8, 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,
that the Chairman and Clerk be and they hereby are
authorized and directed to execute and deliver Warrants
Nos. 1044 through 1087, inclusive, of the District, dated the
date of this meeting, to the following payees and in the
following amounts, said Warrants Nos. 1044 through 1048 to
be drawn on the General Fund account of the District and to
bear interest at the rate of seven percent(7%)per annum, and
Warrants Nos. 1049 through 1087 to be drawn on the
Construction 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 September 4, 2011)
1. Warrant No. 1044 in the sum of $2,807.53 payable to
E&A Consulting Group, Inc. In payment of Invoice No.
107002 for professional services re erosion control.
2. Warrant No. 1045 in the sum of $1,283.00 payable to
Greco Enterprises Inc in payment of Invoice No. 49690
for renewal of general liability insurance 10/6/08 through
10/6/09.
3. Warrant No. 1046 in the sum of $9,400.00 payable to
Richter Excavating, Inc. in payment of Invoice No. 821-
IN for cleaning silt basins.
4. Warrant No. 1047 in the sum of $1,520.00 payable to
Landmark Enterprises, Inc. In payment of Engineer's
Estimate No. 154 for ROW mowing.
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 6
5. Warrant No. 1048 in the sum of $750.53 payable to
Kuehl Capital Corporation in payment of 5% placement
fee for Warrant Nos. 1044 through 1046.
CONSTRUCTION FUND
(Due September 4, 2013)
6. Warrant No. 1049 in the sum of$312.70 payable to The
Daily Record in payment of Invoice No. 80667 for
publication expense re Potter Street ROW Acquisition
and Water Main Extension Section V.
7. Warrant Nos. 1050 through 1074 in the sum of
$10,000.00 each, and Warrant No. 1075 in the sum of
$3,970.00 (total $253,970.00) payable to Metropolitan
Utilities District in payment for Water Main Extension for
Deer Creek Highlands Northeast, Phase V- Lots 1-93).
8. Warrant Nos. 1076 through 1080 in the sum of
$10,000.00 each, and Warrant No. 1081 in the sum of
$5,871.43 (total $55,871.43) payable to MBC
Construction Company in payment of Progress
Estimate No. 5/Final for Sanitary Sewer, Storm Sewer
and Paving Public Improvements Section IV.
9. Warrant No. 1082 in the sum of $10,000.00 and
Warrant No. 1083 in the sum of $481.67 (total
$10,481.67) payable to Kirkham Michael & Associates
in payment of Engineer's Estimates 151 and 152 re
Sanitary Sewer, Storm Sewer& Paving Improvements
Section IV, and OPPD Underground Power Section V.
10. Warrant No. 1084 in the sum of $10,000.00 and
Warrant No. 1085 in the sum of $6,104.45 (total
$16,104.45) payable to Croker, Huck, Kasher, DeWitt,
Anderson & Gonderinger, LLC in payment for legal
services and costs per statement dated 9/4/08,Account
No. 476-001.
11. Warrant No. 1086 in the sum of $10,000.00 and
Warrant No. 1087 in the sum of $6,837.01 (total
$16,837.01) payable to Kuehl Capital Corporation in
payment of 5% placement fee for Warrant Nos. 1049
through 1085, inclusive.
_ I
. r .
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 7
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, 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.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 • - -- - -
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 8
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
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, Dan Livingston and Kathleen Livingston; voting nay thereon were the following
Trustees:. None. The Chairman then declared said resolutions duly carried and adopted. - -
, ,' .
Minutes of Meeting of Board of Trustees September 4, 2008
SID No. 499 of Douglas County, Nebraska Page 9
No Miscellaneous Matters were brought to the Board's attention.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
Steve Faller, airman & Trustee
Dan Livingst n Clerk & Trustee
00350423.W P D
•
MINUTES OF SPECIAL HEARING
TO SET FINAL TAX REQUEST
SANITARY AND IMPROVEMENT DISTRICT
NO. 499 OF DOUGLAS COUNTY, NEBRASKA
A meeting and special public hearing of the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska, was convened in open and
public session at 10:15 a.m. on September 4, 2008, at 14922 A Circle, Omaha, Nebraska.
Present were: Trustees Steve Faller, Dan Livingston, Kathleen Livingston and Dan Faller;
absent:. None.
Notice of the meeting was given in advance thereof by publication, the District's
designated method for giving notice, at least five days prior to the date of said meeting, a
copy of the proof of publication being attached to these minutes. Notice of this meeting
was sent to the Omaha City Clerk, Omaha, Nebraska, not less than seven (7) days prior
to the date of this meeting.
Notice of the meeting was given in advance to all members of the Board of
Trustees, and a copy of their Acknowledgment of Receipt of Notice and the agenda are
attached to the minutes of this meeting. 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 then directed the Board's at
tention to Agenda Item No. 3. He stated
that the purpose of the meeting is to hold a Special Public Hearing on setting of the
2008-2009 property tax request at an amount which is different from the prior year's
property tax request as required by Neb. Rev. Stat. § 77-1601.02. Thereupon, the
following resolution was duly moved and seconded, to-wit:
RESOLVED, that this meeting is hereby opened for a special
public hearing on the issue of setting the property tax request
at an amount different from the prior year's request as required
py Neb. Rev. Stat. § 77-1601.02.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, Dan n Livingston, Kathleen Livingston and Dan Faller; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolution duly carried and
adopted by unanimous vote.
After some discussion regarding the amount of taxes required for the 2008-2009
fiscal year as previously adopted by the Board, the following resolutions were duly moved
and seconded, to-wit:
WHEREAS, Nebraska Revised Statute 77-1601.02 provides
that the property tax request for the prior year shall be the
property tax request for the current year for purposes of the
levy set by the County Board of Equalization unless the
Governing Body of the District passes by a majority vote a
resolution or ordinance setting the tax request at a different
amount; and
WHEREAS, a special public hearing was held as required by
law to hear and consider comments concerning the property
tax request; and
WHEREAS, it is in the best interests of the District that the
property tax request for the current year be a different amount
than the property tax request for the prior year.
NOW, THEREFORE, the Board of Trustees of the District, by
a majority vote, resolves as follows:
RESOLVED, that the property tax request for the general fund
established by the Board in the amount of $202,218.40,
requiring a levy of 85.00 cents per$100 of valuation, which is
different from the request for the prior year in the amount of
$151,188.65, is hereby adopted, ratified and confirmed, all in
accordance with the requirements of Neb. Rev. Stat. § 77-
1601.02.
FURTHER RESOLVED, that the property tax request for the
bond fund established by the Board in the amount of $0.00,
requiring a levy of 0.00 cents per $100 of valuation, which is
the same as the request for the prior year in the amount of
$0.00, is hereby adopted, ratified and confirmed, all in
accordance with the requirements of Neb. Rev. Stat. § 77-
1601.02.
RESOLVED FURTHER, that the Clerk of the District is hereby
directed to certify and forward a copy of the foregoing
resolutions setting the property tax request to the County Clerk
on or before October 13, 2008.
On roll call on the foregoing resolution, the following Trustees voted aye: Steve
Faller, 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 by unanimous vote.
No further business to come before the Board, a motion for adjournment was duly
moved, seconded and unanimously carried.
Dan Livingston, rk
00348791.W P D