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2008-05-23 SID 499 Minutes• RECEIVED MINUTES OF MEETING OF SANITARY ANDJU _9 All $' 26 IMPROVEMENT DISTRICT NO. 499 OF ' CITY =y . iii DOUGLAS COUNTY, NEBRASKA OMAHA, 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 May 23,2008, at 14922 A Circle, Omaha, Nebraska. Present were: Trustees Steve Faller, Dan Livingston, Kathleen Livingston and Dan Faller; Absent: None. Also present were Engineer 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 May 16, 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. 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. The following matters were discussed: a. With respect to 132"d and State Street Improvements pursuant to an Interlocal Cooperation Agreement, Attorney Huck is working with the County to proceed with most of the grading work on the 132' Street ROW at this time. b. With respect to Sanitary Sewer, Storm Sewer and Paving Public Improvements Section IV, the Chairman reported that the contractor is making progress on the project. The Chairman then directed the Board's attention to Agenda Item No. 4 regarding bids for Concrete Paving, Storm Sewer and Sanitary Sewer System-Section V(Lots 1-93, Deer Creek Highlands Northeast). The engineer reported that it was necessary to issue addendums to the specifications for the project, and the Engineer notified all bidders of the revisions and granted an extension of the bid date and time on this project to May 29, 2008. Bids will be considered at the next meeting of the Board. Minutes of Meeting of Board of Trustees May 23, 2008 SID No. 499 of Douglas County, Nebraska Page 2 The Chairman then directed the Board's attention to Agenda Item No. 5, 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. 902 through 908, inclusive, of the District, dated the date of this meeting, to the following payees and in the following amounts, said Warrants Nos. 902 through 906 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. 907 and 908 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 May 23, 2011) 1. Warrant No. 902 in the sum of 675.00 payable to K.C. Sweeping in payment of Invoice No. 5932 for street sweeping in the District. 2. Warrant No. 903 in the sum of $140.00 payable to Thiele Geotech Inc. in payment of Invoice No. 32044 re sanitary sewer excavations. 3. Warrant No. 904 in the sum of$272.32 payable to E&A Consulting Group, Inc. in payment of Invoice No. 106146 for professional services re erosion and sediment control. 4. Warrant No. 905 in the sum of $1,375.00 payable to Omaha Public Power District in payment of street lights service 4/28/08 - 5/28/08 (estimated), Account No. 3796158951. Minutes of Meeting of Board of Trustees May 23, 2008 SID No. 499 of Douglas County, Nebraska Page 3 5. Warrant No. 906 in the sum of $123.11 payable to Kuehl Capital Corporation in payment of 5% placement fee for Warrants Nos. 902 through 905. CONSTRUCTION FUND (Due May 23, 2013) 6. Warrant No. 907 in the sum of $2,500.00 payable to Valuation Services in payment for appraisal report on David L. Davis, LLC tract. 7. Warrant No. 908 in the sum of $125.00 payable to Kuehl Capital Corporation in payment of 5% placement fee for Warrant No. 907. 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 Minutes of Meeting of Board of Trustees May 23, 2008 SID No. 499 of Douglas County, Nebraska Page 4 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 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 Minutes of Meeting of Board of Trustees May 23, 2008 SID No. 499 of Douglas County, Nebraska Page 5 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, Kathleen Livingston and Dan Faller; voting nay thereon were the following Trustees: None. The Chairman then declared said resolutions duly carried and adopted. There being no further business, a motion for adjournment was duly moved, seconded and unanimously carried. St a Faller °hairman & Trustee Dan Livingston, C erk & Trustee 00339062.W PD