Loading...
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 • 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. • 4 , e 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