2008-01-17 SID 499 Minutes cs
MINUTES OF MEETING OF SANITARY AND Ft: �� � �b
IMPROVEMENT DISTRICT NO. 499 OF CITY CLERK
DOUGLAS COUNTY, NEBRASKA OMA A, NEAR {S A
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
January 17, 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 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 January 10, 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 and presented
a proposed Agreement with Metropolitan Utilities District for extension of a gas main to
serve Lots 1 - 22, Deer Creek Highlands Northwest, in the District (Phase IV). The cost
of installation of the main will be borne by MUD. Following a review of the agreement, the
following motion was duly made and seconded, to-wit:
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,
that the Chairman and Clerk of the District are hereby
authorized and directed, on behalf of the District, to enter into
the proposed Agreement with Metropolitan Utilities District for
Gas Main Extension, MUD Job 100060000069.
FURTHER RESOLVED, that a copy of said Agreement be
made a part of the records of the District by attaching same to
these minutes.
Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 2
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.
The Chairman directed the Board's attention to Agenda Item No. 4 and presented
for the Board's consideration the management representation letter prepared by Lutz &
Company, P.C., for execution on behalf of the District in connection with the audit for the
year ended June 30, 2007. The Chairman stated that he had executed the letter and
forwarded it to the District's accountants on or about December 8, 2007. Thereupon, the
following resolution was duly moved and seconded, to-wit:
RESOLVED, that the Board does herewith ratify and approve
the prior action of the Chairman in executing and delivering a
management representation letter on or about December 8,
2007, on behalf of the District.
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.
The Chairman directed the Board's attention to Agenda Item No. 5, Audit Report for
the year ended June 30, 2007. 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, 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 directed the Board's attention to Agenda Item No. 6 and stated that
it would be appropriate to modify the District's Contract For Engineering Services which
was executed on October 14, 2004, to incorporate engineering services for Phase IV,
which consists of Lots 1 through 22 in Deer Creek Highlands Northwest in the District. He
presented for the Board's review a letter agreement dated December 27, 2007, containing
proposed terms of the modification of the original agreement. Following a review of the
agreement, the following motion was duly made and seconded, to-wit:
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska,
that the Chairman of the District is hereby authorized and
directed, on behalf of the District, to enter into the proposed
letter agreement with Kirkham Michael & Associates, Inc.,
Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 3
providing for modification of the original Contract For
Engineering Services with respect to Phase IV,which consists
of Lots 1 through 22 in Deer Creek Highlands Northwest in the
District.
FURTHER RESOLVED, that a copy of said Agreement be
made a part of the records of the District by attaching same to
these minutes.
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.
The Chairman then directed the Board's attention to Agenda Item No. 7, 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. 852 through 862, inclusive, of the District, dated the date
of this meeting, to the following payees and in the following
amounts, said Warrants Nos. 852 through 858 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. 859 through 862 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 January 17, 2011)
1. Warrant No. 852 in the sum of $1,683.00 payable to
Omaha Public Power District in payment of street lights
service 11/29/07 through 1/29/08 (estimated), Account
No. 3796158951.
Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 4
2. Warrant No. 853 in the sum of $3,100.00 payable to
Lutz&Company, P.C. in payment of Invoice No. 88557
re 6/30/07 audit.
3. Warrant No. 854 in the sum of $150.00 payable to
Teresa R. Rahe in payment of Invoice No. 1017 for
bookkeeping services.
4. Warrant No. 855 in the sum of $150.00 payable to
Douglas County Engineer in payment of letter invoice
dated 8/15/06 for traffic control devices.
5. Warrant No. 856 in the sum of $750.00 payable to
Kirkham Michael & Associates in payment of Invoice
Nos. 72701 and 73060 re erosion control compliance
for silt basins.
6. Warrant No. 857 in the sum of $1,856.67 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of legal services and costs per
statement dated 12/27/07, Account No. 476-0.
7. Warrant No. 858 in the sum of $384.48 payable to
Kuehl Capital Corporation in payment of 5% placement
fee for Warrants Nos. 852 through 857, inclusive.
CONSTRUCTION FUND
(Due January 17, 2013)
8. Warrant No. 859 in the sum of$10,000.00 and Warrant
No. 860 in the sum of $249.94 (total $10,249.94)
payable to Kirkham Michael &Associates in payment of
Engineer's Estimates Nos. 119, 121, 122 and 123 re
MUD Water Main Extension Agreement and Sanitary
Sewer, Storm Sewer and Paving Public Improvements
(Section IV).
9. Warrant No. 861 in the sum of $512.49 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of legal services and costs per
statement dated 1/17/08, Account No. 476-001.
10. Warrant No. 862 in the sum of $538.12 payable to
Kuehl Capital Corporation in payment of 5% placement
fee for Warrants Nos. 859 through 861.
Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 5
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
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Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 6
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
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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Minutes of Meeting of Board of Trustees January 17, 2008
SID No. 499 of Douglas County, Nebraska Page 7
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.
Under Miscellaneous Matters,the Chairman reported that the bond of the Clerk has
been obtained and filed with the Douglas County Clerk, as evidenced by the receipt
attached to these minutes.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
Steve Faller, airman & Trustee
00328150.WPD Dan Livingston, Cl, ik & Trustee