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2010-12-07 SID 478 Minutes BELLI CO I: 1 l FEB24 8= 49 CITY C LF. MINUTES OF MEETING OF SANITARY AND OMAHA. IEBRAS!\t' IMPROVEMENT DISTRICT NO. 478 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 478 of Douglas County, Nebraska, was convened in open and public session at 10:00 a.m. on December 7, 2010, at 2120 South 72' Street, Suite 1200, Omaha, Nebraska. Present were: Trustees Kenneth J. Hagen, Jr., Arlene V. Steier, David N. Steier, Katlin C. Steier and M. John Steier; Absent: None. Also present was Robert J. Huck, Attorney for the District. Notice of the meeting was given in advance thereof by publication in The Daily Record, Omaha, Nebraska, on November 16, 23 and 30, 2010, 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 then directed the Board's attention to Agenda Item No. 3, Attorney Huck reported that a simultaneous notice of the hearing on the proposed special assessments for the various projects outlined below on each separate piece of property benefitted thereby in the District had been published as authorized by the Board at its meeting held on September 15, 2010, (Proof of Publication of said Notice being attached to these minutes); the Clerk certified that on November 16, 2010, the first publication date of said notice, the County tax rolls did not reveal any owners of property within the assessment district who were non-residents of this county other than those to whom notice was mailed by Certified Mail, return receipt requested, and that handbills of said notice had been posted along the lines of said improvements in the District, and that on November 19, 2010, a copy of the notice had been mailed to each party appearing to have an ownership interest in the District and that the required affidavit of such mailing had been duly executed and filed (said certificate of posting and affidavit of mailing said notice being attached to these minutes). Minutes of Meeting of Board of Trustees December 7, 2010 SID No. 478 of Douglas County, Nebraska Page 2 It was then noted by Attorney Huck that, through inadvertence and mistake, the required notice had not been sent to the City of Omaha and Kuehl Capital Corporation by Certified Mail. It was therefore moved and seconded that the hearing on this special assessment matter be adjourned until the Board's next meeting, with proper notice of this adjournment given to all interested parties, including the City of Omaha and Kuehl Capital Corporation by Certified Mail. On roll call on the foregoing resolution, the following Trustees voted aye: Kenneth J. Hagen, Jr., Arlene V. Steier, David N. Steier, Katlin C. Steier and M. John Steier; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. With respect to Agenda Item No. 4, Payment of Current 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. 478 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrants Nos. 409 through 412, inclusive, of the District, dated the date of this meeting, to the following payees and in the following amounts, Warrant Nos. 409 through 411, inclusive, to be drawn on the General Fund of the District and Warrant 412 to be drawn on the Construction Fund Account of the District and to draw interest at the rate of seven percent (7%) per annum (interest to be payable on September 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 December 7, 2013) 1. Warrant No. 409 in the sum of $808.50, payable to Omaha Public Power District, in payment of street light service from 8/30/10 through 11/29/10 for account no. 4199549491. 2. Warrant No. 410 in the sum of $1,818.25 payable to Thompson, Dreessen & Dorner, Inc., in payment of Minutes of Meeting of Board of Trustees December 7, 2010 SID No. 478 of Douglas County, Nebraska Page 3 engineering services per Invoice Nos. 89320, 89596 and 89789. 3. Warrant No. 411 in the sum of $1,547.50, payable to Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., in payment of legal services and costs per statements dated 10/26/10 and 11/29/10, Account No. 469-000. CONSTRUCTION FUND (Due December 7, 2015) 4. Warrant No. 412 in the sum of $392.23, payable to Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., in payment of legal services and costs per statements dated 10/26/10,Account No. 469- 001. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No.478 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 Minutes of Meeting of Board of Trustees December 7, 2010 SID No. 478 of Douglas County, Nebraska Page 4 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.478 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)(ii) 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.478 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 Minutes of Meeting of Board of Trustees December 7, 2010 SID No. 478 of Douglas County, Nebraska Page 5 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 1.1482(b)(2) of the Income Tax Regulations under the Internal Revenue Code of 1986, as amended. On roll call on the foregoing resolution, the following Trustees voted aye: Kenneth J. Hagen, Jr., Arlene V. Steier, David N. Steier, Katlin C. Steier and M. John Steier; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. There being no further business, a motion for adjournment was duly moved, seconded and unanimously carried. • L)% ?rrnan Arlene V. Steier, Clerk 00428961.WPD