2022-11-30 SID 494 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO.494
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas
County, Nebraska, was convened in open and public session at 1:00 p.m. on the 30th day of November,
2022, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Charles W. Buell, Gary L. Shipley, Richard L. Wilson, and Dean T. Hokanson, Ill.
Also, in attendance was Mark LaPuzza, attorney for the District.
Absent: Roger L. Motz(listened by phone).
Notice of the meeting was given in advance thereof by publication in The Daily Record, on
November 22, 2022, 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
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 agenda
was at all times available at the office for the District at 10250 Regency Circle, Suite 300, Omaha, Nebraska
68114.
The meeting was called to order.
It was first 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.
Counsel for the District first presented the Certificate of Results of the Election from the Douglas
County Election Commissioner with respect to the District's election of September 13, 2022. Such
certificate indicated that Charles W. Buell, Gary L. Shipley, Roger L. Motz, Richard L. Wilson and Dean T.
Hokanson, Ill had been elected to serve for a two (2)year term for the Board. It was indicated that each of
such individuals were owners or designees of owners of real estate within the District boundaries (as
defined by Section 31-727(3) Reissue Rev. Stat. of Neb. 1943) and, as a consequence, qualified to serve in
such capacity. Each individual being in attendance at the meeting indicated a willingness to accept the
position of Trustee on the Board.
Discussion was next had with respect to the outstanding matters of the District and the powers and
responsibilities of the Board in general. Discussion was also had with respect to the powers and
responsibilities of the positions of Chairman and Clerk of the District. Upon conclusion of such discussion,
the following roll call vote was taken during which the Trustees: Richard L. Wilson and Dean T. Hokanson,
III voting "Aye", with none voting "Nay", and Charles W. Buell and Gary L. Shipley abstaining, thereby
adopting and approving the following resolution:
RESOLVED, that Charles W. Buell be hereby elected to serve in the
capacity of Chairman for Sanitary and Improvement District No. 494 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
FURTHER RESOLVED, that Gary L. Shipley be hereby elected to serve in
the capacity of Clerk for Sanitary and Improvement District No. 494 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
There was an extended, general discussion regarding the history of the District and development.
Dean T. Hockanson, Ill stated he had a hope for development of the subdivision. History regarding water
system, sewer and street improvements, coordination with the City and County and special assessment
levies which had gone unpaid and resulted in the District bankruptcy had been major impediments to
development. There was discussion regarding previous attempts to coordinate City, County, District,
owner and developer efforts to foster new construction and why those efforts failed. The Trustees
committed to continue to investigate the areas and methods of development, with a desire to raise tax
valuations and District income and to allow for and foster growth.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from Ship Enterprises, Inc. dba Critter Control,for trapping
and removing skunks, raccoons, opossums and woodchucks within the District, Invoice #174271, in the
amount of One Thousand Eight Hundred Twenty-Four and 35/100 Dollars ($1,824.35).
There was next presented a statement from Keith McKinney, for trapping and removing skunks,
raccoons, opossums and woodchucks within the District, Invoice dated November 7, 2022, in the amount
of One Thousand One Hundred and no/100 Dollars ($1,100.00).
There were next presented statements from Corky Buell, for trapping and removing skunks,
raccoons and opossums within the District, and mowing and dragging/maintenance of the roads, as
follows: (i) Invoice dated November 7, 2022, in the amount of One Thousand Fifty and no/100 Dollars
($1,050.00), (ii) Invoice #2627, in the amount of Four Hundred Fifty-Five and no/100 Dollars ($455.00),
and (iii) Invoice #2628, in the amount of Six Hundred Thirty-Seven and 50/100 Dollars ($637.50); said
statements being in the aggregate amount of Two Thousand One Hundred Forty-Two and 50/100 Dollars
($2,142.50). (Corky Buell abstained from the vote.)
There was next presented a statement from One Call Concepts, Inc., for line locates within the
District, Invoice #2091010, in the amount of Six and 40/100 Dollars ($6.40). The Board was next
reminded that it has a credit balance in the amount of Fifty and 24/100 Dollars ($50.24).
There was next presented a statement from Moore's Concrete Construction, Inc., for delivering
six (6) loads of dirt, Invoice#2-GM-2022, in the amount of One Thousand One Hundred Forty and no/100
Dollars ($1,140.00).
There were next presented statements from Pansing Hogan Ernst & Bachman LLP, attorneys for
the District, for legal service performed through October 31, 2022, in the amount of Two Thousand Eight
Hundred Ninety-Six and no/100 Dollars ($2,896.00), and costs advanced in the amount of Two Hundred
Six and 77/100 Dollars ($206.77); said statement being in the aggregate amount of Three Thousand One
Hundred Two and 77/100 Dollars ($3,102.77).
The previously described bills, invoices, recommendations and statements having been presented
for the Board's consideration and after review and discussion of such items, the following resolution was
duly moved and passed:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 494 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 1536 through 1540 of the District, dated the date of this
meeting, to the following payees and in the following amounts, said
Warrants to be drawn on the General Fund of the District and to draw
interest at the rate of six percent (6%) per annum and to be redeemed no
later than November 30, 2025, subject to extension of said maturity date
by order of the District Court of Douglas County, Nebraska, after notice is
given as required by law, to-wit:
Warrant No. 1536, for the amount of One Thousand Eight
Hundred Twenty-Four and 35/100 Dollars ($1,824.35), payable to Ship
Enterprises, Inc. dba Critter Control.
Warrant No. 1537, for the amount of One Thousand One Hundred
and no/100 Dollars ($1,100.00), payable to Keith McKinney.
Warrant No. 1538, for the amount of Two Thousand One Hundred
Forty-Two and 50/100 Dollars($2,142.50), payable to Corky Buell.
Warrant No. 1539, for the amount of One Thousand One Hundred
Forty and no/100 Dollars ($1,140.00), payable to Moore's Concrete
Construction, Inc.
Warrant No. 1540, for the amount of Three Thousand One
Hundred Two and 77/100 Dollars ($3,102.77), payable to Pansing Hogan
Ernst& Bachman LLP.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 494 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.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 494 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.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 494 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:
1. 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) ten
percent (10%) of the net principal proceeds of the above Warrants, (b) the
maximum annual debt service due on the above Warrants, or (c) one
hundred twenty-five percent (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 thirteen (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 thirteen (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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The Chairman next reviewed the Agenda which had been available for public inspection in
accordance with the law prior to this meeting of the Board of Trustees and reported that all matters
considered by the Board at this meeting appeared on the Agenda.
Gary L. Shipley, as Clerk for Sanitary and Improvement District No. 494 of Douglas County,
Nebraska (the "District") does hereby certify that the above proceedings are a true and accurate
statement of the proceedings had by the District at its November 30, 2022 meeting.
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Gary L. Stley, Clerk