2008-04-15 SID 499 Minutes RECEIVED
MINUTES OF MEETING OF SANITARY AND f � � ' 59
IMPROVEMENT DISTRICT NO.'499 OFi ','
DOUGLAS COUNTY, NEBRASKA OMAHA, NERR
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
April 15, 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 of Kirkham Michael &Associates, Engineer Robert Dean of
RD Engineering, Inc., and Attorney Robert J. Huck.
Notice of the meeting was given in advance thereof by publication in The Daily
Record, Omaha, Nebraska, on April 9, 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. The District has been holding unregistered warrants payable to MUD for the
Phase IV water main project, as discussed at the last meeting. MUD has informed the
District that the job can be scheduled as soon as payment is received. The Board
determined that it would be appropriate to get the project underway soon, and the following
resolution was 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,
that the fiscal agent is authorized and directed to process and
effect payment to the payees on Construction Fund-Warrants
Nos. 799 through 828, inclusive, dated November 8, 2007,
same being payable to Metropolitan Utilities District, Croker
Huck Law Firm, and Kuehl Capital Corporation.
Minutes of Meeting of Board of Trustees April 15, 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.
b. Likewise, OPPD underground service project for Phase IV has been on hold
until the District is ready to begin commencement. OPPD has informed the District that
OPPD needs payment two months prior to commencement of the project. The Board
determined that it would be appropriate to get the project underway soon, and the following
resolution was 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,
that the fiscal agent is authorized and directed to process and
effect payment to the payees on Construction Fund Warrants
Nos. 848 through 851, inclusive, dated December 13, 2007,
same being payable to Omaha Public Power District, Croker
Huck Law Firm, and Kuehl Capital Corporation.
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.
c. With respect to 132' and State Street Improvements pursuant to an
Interlocal Cooperation Agreement, Attorney Huck is working with the County and SID 542
in an effort to get the project underway.
d. Engineer Carter presented Change Order No. 2 to the District's contract with
MBC Construction Co. for Sanitary Sewer, Storm Sewer and Paving Public Improvements
Section IV. The change order increases the contract price by $7,640.15 due to the
increase in fuel costs between the time the project was originally intended to be undertaken
and the present time. Following discussion, the following resolution was duly moved and
seconded, to-wit:
RESOLVED, that Change Order No. 2 to the District's contract
with MBC Construction Co. for Sanitary Sewer, Storm Sewer
and 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, Kathleen Livingston and Dan Faller; voting nay thereon were the
Minutes of Meeting of Board of Trustees April 15, 2008
SID No. 499 of Douglas County, Nebraska Page 3
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 stated that
it would be appropriate to take up the matter of the proposal of a resolution of necessity
for paving, storm sewer and sanitary sewer improvements to be located in the recently
annexed area of the District identified as Lots 1 through 93, Deer Creek Highlands
Northeast,and presented for the Board's consideration the engineer's estimate of the costs
thereof, including miscellaneous costs, in the sum of$1,264,268.60 for the project referred
to as Concrete Paving, Storm Sewer and Sanitary Sewer System - Section V. The
Chairman then presented to the Board a.proposed Resolution of Necessity for Concrete
Paving, Storm Sewer and Sanitary Sewer System - Section V. Following discussion
thereof, 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,
that said Board does offer and propose the Resolution of
Necessity presented by the Chairman of the Board and
attached to these minutes, for Concrete Paving, Storm Sewer
and Sanitary Sewer System - Section V.
BE IT FURTHER RESOLVED that said proposed resolution of
necessity is hereby set for consideration and hearing before
said Board of Trustees' meeting at 10:00 a.m. on May 9, 2008,
at 14922 A Circle, Omaha, Nebraska, and that notice of the
time and place of said hearing be given by publication in The
Daily Record of Omaha, Nebraska,for two consecutive weeks,
on April 25 and May2,p2008, which publication shall contain
the entire wording of said resolution of necessity and be
posted in three conspicuous places within the District.
BE IT FURTHER RESOLVED that the attached Notice to
Contractors be published in The Daily Record on April 18,
April 25 and May 2, 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.
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:
Minutes of Meeting of Board of Trustees April 15, 2008
SID No. 499 of Douglas County, Nebraska Page 4
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. 881 through 894, inclusive, of the District, dated the date
of this meeting, to the following payees and in the following
amounts, said Warrants Nos. 881 through 883 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. 884 through 894 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 April 15, 2011)
1. Warrant No. 881 in the sum of $245.00 payable to
Omaha Title & Escrow Inc. in payment of Invoice
No. 48863 for title certificate in connection with
annexation of Phase V property.
2. Warrant No. 882 in the sum of $3,322.68 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of legal services and costs per
statement dated 4/15/08, Account No. 476-0.
3. Warrant No. 883 in the sum of $178.38 payable to
Kuehl Capital Corporation in payment of 5% placement
fee for Warrants Nos. 881 and 882.
CONSTRUCTION FUND
(Due April 15, 2013)
4. Warrants Nos. 884 through 889 in the sum of
$10,000.00 each, and Warrant No. 890 in the sum of
$765.95 (total $60,765.95) payable to MBC
Construction Company in payment of Engineer's
Estimate No. 132 (revised), Progress Estimate No. 2 re
Paving Public Improvements Section IV.
Minutes of Meeting of Board of Trustees April 15, 2008
SID No. 499 of Douglas County, Nebraska Page 5
5. Warrant No. 891 in the sum of $3,100.00 payable to
Thiele Geotech Inc. in payment of Invoice No. 317861
re Paving, Storm Sewer and Sanitary Sewer -
Section V.
6. Warrant No. 892 in the sum of $657.71 payable to
Kirkham Michael & Associates Inc., in payment of
Engineer's Estimate No. 126 re Sanitary Sewer, Storm
Sewer & Paving Public Improvements Section IV.
7. Warrant No. 893 in the sum of $3,331.89 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statement dated 4/15/08 for
professional services and costs.
8. Warrant No. 894 in the sum of $3,392.77 payable to
Kuehl=Capital Corporation in payment of 5% placement
fee for Warrant Nos. 884 through 893, inclusive.
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
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Minutes of Meeting of Board of Trustees April 15, 2008
SID No. 499 of Douglas County, Nebraska Page 6
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
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
Minutes of Meeting of Board of Trustees April 15, 2008
SID No. 499 of Douglas County, Nebraska Page 7
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, 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 District received a
refund from MUD in the amount of$4,479.43 as a refund of excess payments under Water
project WCC 10159. Said sum has been deposited to the District's Construction Fund
Account, as evidenced by the County Treasurer's receipt attached to these minutes.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
Steve Faller, Chairman & Trustee
Dan Livingston( Clerk & Trustee
00335938.W PD