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2007-09-07 SID 507 Minutes 4. RECEIVED MINUTES OF A MEETING OF THE BOARD OF TRUSTEES (17SEP 12 All 8: 48 OF SANITARY & IMPROVEMENT DISTRICT NO. 507 OF DOUGLAS COUNTY, NEBRASKA C]' t WL. ON SEPTEMBER 7, 2007 QP��H�, NEiB4S j4 A meeting of the e Board of Trustees of Sanitary and Improvement District No. 507 of Douglas County, Nebraska, was convened in open and public session at 10:00 a.m., on September 7, 2007, at 11506 Nicholas Street, Suite 100, Omaha, Nebraska 68154. Present were: Michael C. Carter Michael J. Kahre Patrick G. Day Kevin Petersen Absent: Mary Petersen Notice of the meeting was published in advance thereof by publication in The Daily Record on August 28, 2007, a copy of the Proof of Publication being attached to • these minutes. Notice of this meeting was simultaneously given to all members of the Board of Trustees, and a copy of their Acknowledgement of the Agenda was communicated in the published notice and in the Notice of the Trustees of this meeting. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. All matters considered by the Board at this time were on the Agenda prior to the commencement of this meeting, other than emergency matters. The minutes herein were written and available for public inspection within ten (10) working days or prior to the next convened meeting, whichever was earlier. The last publication of the notice of this meeting was more than five (5) days prior to the time set by the Board of Trustees for public hearing, as set forth in the Proof of Publication. Patrick G. Day acted as Chairman and called the meeting to order. Also present was Joseph L. Leahy, Jr. The following proceedings were had and done. The Chairperson 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. Motion was made by Michael J. Kahre to approve the minutes of the Board of Trustees meeting held on August 17, 2007. The motion was seconded by Patrick G. Day, and upon roll call vote of the trustees: Patrick G. Day, Michael J. Kahre, Michael C. Carter, and Kevin Petersen, all voting aye, the following resolution was unanimously adopted: RESOLVED, that the minutes of the Board of Trustees meeting held on August 17, 2007, be and hereby are approved. The Chairman next presented a statement from Rebel Rain Irrigation, Inc., dated August 15, 2007, in the sum of$110.00. The Chairman recommended payment of said statement out of the District General Fund. The Chairman next presented a statement from OPPD dated August 29, 2007, in the sum of$1,343.25. The Chairman recommended payment of said statement out of the District General Fund. The Chairman then advised that D.A. Davidson & Co. will directly place or arrange for a third party to purchase or place $1,453.25 in warrants payable from the General Fund of the District relating to Warrant Numbers 1028 to 1029, and that the 2 charge for the purchase of said warrants in accordance with the Financing Agreement heretofore entered into between said fiscal agent and the District is in the sum of $72.66. Thereafter a motion was made by Patrick G. Day and seconded by Michael J. Kahre, and upon roll call vote of the Trustees: Michael J. Kahre, Patrick G. Day, Michael C. Carter, and Kevin Petersen, all voting aye, the following resolution was unanimously adopted: RESOLVED, the Chairman and/or Clerk be and hereby are authorized to execute and deliver 3 warrants on the District General Fund, to the following payees and such warrants to be payable three (3) years from the date of issuance, unless extended in accordance with the law, and to draw interest at the rate of 7.0% per annum after the date of presentment until paid: 1028 09/07/2007 Rebel Rain Irrigation, Inc. $110.00 1029 09/07/2007 OPPD $1,343.25 1030 09/07/2007 D.A. Davidson & Co. $72.66 FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 507 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 3 • 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. There were no bills presented for payment from the District Construction Fund. The Chairman advised that the proposed District Budget had been previously filed with the District by Goracke, Ritterbush & Piotrowski, L.L.P., Accountants for the District, and that the budget had been prepared previously providing a property tax request for the Bond Fund of$0.00 representing a tax rate of$0.00 per $100.00 valuation, and a property tax request for the General Fund of$74,700.00 representing a tax rate of$0.850332 per $100.00 valuation. The Chairman then summarized the proposed District Budget and a discussion was had relating thereto. Upon motion duly made by Patrick G. Day and seconded by Michael J. Kahre, and upon roll call vote of the trustees: Michael J. Kahre, Patrick G. Day, Michael C. Carter, and Kevin Petersen, all voting aye, the following resolution was unanimously adopted: RESOLVED, that the Board of Trustees of the District hereby approve the Budget as proposed and that said budget be and hereby is adopted. That the District Clerk be and hereby is authorized to execute said budget on behalf of the District. There was no old business to come before the meeting. There was no new business to come before the meeting. 4 There being no further business to come before the meeting, the meeting was adjourned. Mich . Kahre, Clerk Approved: Patrick G. Day, Chairman 7832-2/#535413 5 RECEIVED MINUTES OF A MEETING OF THE BOARD OF TRUSTEES"STEP I2 QH 8: 48 OF SANITARY& IMPROVEMENT DISTRICT NO. 507 �� , OF DOUGLAS COUNTY, NEBRASKA CLERK ON SEPTEMBER 7, 2007 OMAHA, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 507 of Douglas County, Nebraska, was convened in open and public session at 10:15 a.m., on September 7, 2007, at 11506 Nicholas Street, Suite 100, Omaha, Nebraska 68154. Present were: Michael C. Carter Michael J. Kahre Patrick G. Day Kevin Petersen Absent: Mary Petersen Notice of the meeting was published in advance thereof by publication in The Daily Record on August 28, 2007, a copy of the Proof of Publication being attached to these minutes. Notice of this meeting was simultaneously given to all members of the Board of Trustees, and a copy of their Acknowledgement of the Agenda was communicated in the published notice and in the Notice of the Trustees of this meeting. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. All matters considered by the Board at this time were on the Agenda prior to the commencement of this meeting, other than emergency matters. The minutes herein were written and available for public inspection within ten (10) working days or prior to the next convened meeting, whichever was earlier. The last publication of the notice of this meeting was more than five (5) days prior to the time set by the Board of Trustees for public hearing, as set forth in the Proof of Publication. Patrick G. Day acted as Chairman and called the meeting to order. Also present was Joseph L. Leahy, Jr. The following proceedings were had and done. The Chairperson 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 advised that notice of the special public hearing had been published at least five days prior to said hearing as reflected in the proof of publication attached to these minutes. The Chairman advised that the Board of Trustees was meeting for the primary purpose for hearing support, opposition, criticism, or observations of taxpayers relating to setting the final tax request at a different amount than the prior year tax request. The Chairman advised that it is in the best interest 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. After review and discussion, a motion was made by Patrick G. Day and seconded by Michael J. Kahre, and upon roll call vote of the Trustees, Patrick G. Day, Michael J. Kahre, Michael C. Carter, and Kevin Petersen, all voting aye, the following resolution was adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 507 of Douglas County, Nebraska, that the Board of Trustees does hereby set the property tax request and property 2 tax rates necessary to fund such tax request for the 2007-2008 year as follows: Property Tax Request Property Tax Rate Bond Fund $0.00 $0.000000 General Fund $74,700.00 $0.850332 and that the 2007-2008 total property tax request be set at $74,700.00, and that the Total Property Tax Rate be set at $0.850332. BE IT FURTHER RESOLVED, that the Clerk of the District is hereby directed to certify and forward to the Saunders County Clerk a copy of the minutes of this meeting containing the foregoing resolution setting the property tax request and property tax rate at a different amount than the prior year's property tax request and property tax rate, along with a copy of the meeting agenda and notice of special hearing. There being no further business to come before the meeting, the meeting was adjourned. icha . ahre, Clerk Approved: Patrick G. Day, Chairman 7832-2/#537579 3