2022-12-14 SID 465 Minutes MINUTES OF MEETING OF THE BOARD OF
TRUSTEES OF SANITARY & IMPROVEMENT DISTRICT NO. 465
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary&Improvement District No.465 of Douglas
County, Nebraska, was convened in open and public session at 5:00 p.m. on Wednesday,
December 14, 2022, at 14747 California Street, Suite 2, Omaha, Nebraska. Present were the
following Trustees: Blake Grooters, Clifford Dillon,Midge Clark,Jason Carbee and Scott Holder.
Also present was Klancy M. Peterson, legal counsel for the District. Notice of the meeting was
given in advance thereof by publication in The Daily Record on December 2, 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 to the Trustees of this meeting is attached hereto. All proceedings of the Board were taken
while the convened meeting was open to the attendance of the public.
The meeting was called to order by Scott Holder and Blake Grooters and the Chairman
advised the Trustees that this was an open meeting and that a copy of the Open Meetings Act was
available for inspection by anyone who wished to review the Act during the meeting and a copy
was available at the office of counsel.
Counsel then presented the Notice of the meeting that had been published on December 2,
2022, in The Daily Record of Douglas County.
Counsel then presented to the Board the election results certified by the Douglas County
Election Commissioner. Ballot 1 electees were Blake Grooters, Clifford Dillon and Scott Holder.
Ballot 2 electees were Jason Carbee and Midge Clark. All Trustees being re-elected and current
owners of real estate in the District,the Trustees were satisfied that the duly elected Trustees were
qualified to serve.
Counsel then advised that it was necessary to elect a Chairman and Clerk for the following
year. A motion was made by Midge Clark and seconded by Jason Carbee to nominate Blake
Grooters as Chairperson. No other nominations were made and all Trustees present voted
unanimously to re-elect Blake Grooters as Chairperson. A motion was then made by Scott Holder
and seconded by Jason Carbee to nominate Clifford Dillon as Clerk. All Trustees present
unanimously voted to re-elect Clifford Dillon as Clerk of the District.
Counsel then presented Continuation Certificates for the Chairman and Clerk of the
District. The Board reviewed the Continuation Certificates and,on a motion duly made,authorized
and recommended that Clifford Dillon and Blake Grooters execute the Continuation Certificates
for the Clerk and Chairperson respectively.
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Counsel then presented to the Board the receipt of the general liability policy provided by
Chastain Otis. Counsel informed the Board that the policy coverage limits were unchanged from
last year and presented the policy for inspection by the Board.
There being no further discussion, the Board concluded that the general liability policy is
adequate.
Counsel then informed the Board that the Bluestem Capital Partners' representatives were
unavailable for today's meeting and distributed the financial packet prepared by Bluestem Capital
Partners in preparation for this meeting.
Counsel generally informed the Board of the financial status of the District and informed
the Board that any future projects that were considered improvements beyond maintenance would
likely need to wait until April of the following year.
Counsel then informed the Board that Papillion Sanitation had proposed a fee reduction for
waste management services in exchange for payment for a full year for services in advance.
Counsel informed the Board that the funds were not available at this time to pay for an entire year
of services in advance and pointed out that it is very possible that the District would be annexed
prior to receiving the benefit of an entire year's prepaid waste management services. Upon a
discussion of the Board, the Trustees unanimously decided to decline the proposal by Papillion
Sanitation for a fee reduction in exchange for a full year prepayment for services.
Counsel then presented the Board with the financial representation letter, financial
statements and general fund trial balance provided by Masimore Magnuson & Associates as
required for an audit. Counsel informed the Board that Masimore, Magnuson & Associates had
requested that the representation letter, the financial statements and the general fund trial balance
be signed by either the Chairperson or the Clerk. Upon inspection of the documents, and general
deliberation, Blake Grooters was authorized and instructed by the Trustees to execute the
documents, as requested by Masimore, Magnuson & Associates.
Then a general discussion was had by the members. A question was addressed as to the
payment of Alexander Lawn& Landscape, Inc. Midge Clark informed the Board that Alexander
Lawn had stated that services dating back to June had not been paid to Alexander Lawn. Counsel
informed the Board that all current pay recommendations presented by TD2 had been paid to date;
however, a recent payment recommendation(#23)which is dated December 12th included services
performed in June of 2022.
The Board reviewed the payments and pay recommendations from TD2 and generally
decided that Alexander Lawn had indeed performed work in June, but the pay recommendation
had not been presented to them until December 12th
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GENERAL FUND Amount
Due
a. The Daily Record $27.28
Statement dated 9/30/2022 showing $91.00 being due. Note: This has already
been paid by GF Warrant #1150 in the amount of$91.00 on 9/12/2022.
Invoice #148827 dated 12/2/2022 for publication of this meeting notice in the
amount of$27.28
b. Alexander Lawn & Landscape, Inc. $8,443.00
Payment Recommendation#19 for 2021 Park Maintenance dated 9/13/2022
from TD2 for services performed by Alexander Lawn& Landscape, Inc. in
August 2022 totaling $1,325.00.
Payment Recommendation#20 for 2021 Park Maintenance dated 10/12/2022
from TD2 for services performed by Alexander Lawn& Landscape, Inc. in
September 2022 totaling $1,110.00.
Payment Recommendation#21 for 2021 Park Maintenance dated 11/16/2022
from TD2 for services performed by Alexander Lawn& Landscape, Inc. in
October 2022 totaling $1,110.00.
Payment Recommendation#22 for 2021 Park Maintenance dated 12/12/2022
from TD2 for services performed by Alexander Lawn& Landscape, Inc. in
November 2022 totaling $1,618.00.
Payment Recommendation#23 for 2021 Park Maintenance dated 12/12/2022
from TD2 for services performed by Alexander Lawn& Landscape, Inc. in
June 2022 totaling $2,785.00.
Payment Recommendation#24 for 2021 Park Maintenance dated 12/13/2022
From TD2 for services performed by Alexander Lawn& Landscape, Inc. in
November 2022 and December 2022 totaling $495.00.
(all payable directly to Alexander Lawn & Landscape, Inc.)
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GENERAL FUND Amount
Due
c. Chastain Otis Insurance & Financial Services $682.00
Invoice#2245 dated 9/28/2022 in the amount of$562.00 for GLIA Renewal
effective 11/20/2022
Invoice#2273 dated 10/6/2022 in the amount of$50.00 for renewal of
Clerk's Bond
Invoice#2274 dated 10/6/2022 in the amount of$70.00 for renewal of
Chairman's Bond
d. Douglas County Treasurer $0.00
Invoice#48434 dated 11/7/2022 for Cost Recovery from 9/13/22 Election
in the amount of$236.82
This cost was advanced by Peterson & Foster Law on 11/15/22
e. Omaha Public Power District
Invoice dated 09/29/2022 for services from 8/29/2022 - 9/29/2022: new charges $3,247.32
in the amount $1,082.44.
(Note: GF Warrant#1160 was issued on 9/12/22 to OPPD for $3,244.05)
Invoice dated 10/28/2022 for services from 9/29/2022— 10/28/2022: new
charges in the amount of$1,082.04, plus previous balance of$1,082.44, less
payment received of$3,244.05, leaving the balance as a credit of$1,079.57.
Invoice dated 11/29/2022 for services from 10/28/2022 to 11/29/2022
showing the amount of$3.10 due.
Recommend pre-payment for three months of service at $1,082.44 ($1,082.44 x
3 = $3,247.32)
f. One Call Concepts, Inc. $0.00
Invoice#2090637 dated 9/30/2022 in the amount of$3.96
(the cost of which was advanced by Peterson & Foster Law on 10/4/2022)
Invoice #2100639 dated 10/31/2022 in the amount of$2.78
(the cost of which was advanced by Peterson & Foster Law on 11/4/2022)
Invoice#2110640 dated 11/30/2022 in the amount of$4.38
(the cost of which was advanced by Peterson & Foster Law on 12/2/2022)
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GENERAL FUND Amount
Due
g. Papillion Sanitation $9,294.00
Invoice #6406522T050 dated 1/1/2023 offering a 5% discount (being $1,858.95)
if all of 2023 is paid in advance (normally $37,179.00) bringing the full year to
be in the amount of$35,320.05.
SID 465 is currently paid up through the end of 2022.
Note: Unfortunately, there are not enough funds in the GF account to pay one year
in advance, so we will pay for the quarter (Jan., Feb. & March 2023) in the total
amount of$9,294.00.
h. Thompson, Dreessen & Dorner, Inc. $359.78
Invoice#152660 dated 9/19/2022 for One Call Services (3) Member Agreement
for Project#1198-900 in the amount of$75.00.
Invoice#153289 dated 10/20/2022 for One Call Services (4) Member
Agreement on Project#1198-900 in the amount of$100.00.
Invoice #153326 dated 10/20/2022 for Civil Engineering Services from
8/1/22 thru 10/9/2022 on Project#1198-107 in the amount of$109.78.
Invoice#153804 dated 11/15/2022 for One Call Member Agreement—
3 Responses in the amount of$75.00.
i. Peterson & Foster Law $1,564.28
Invoice #4072 dated 12/14/2022 for legal services rendered and reimbursement
of costs advanced
TOTAL GENERAL FUND EXPENDITURES $23,617.66
After a full discussion and upon a motion being duly made by Clifford Dillon,and seconded
by Blake Grooters, with everyone voting "aye" and no one voting "no", the following Resolution
was adopted:
BE IT RESOLVED, that the Board of Trustees of Sanitary and Improvement
District No. 465 of Douglas County, Nebraska, that the Chairperson and Clerk be
and they hereby are authorized and directed to execute and deliver the following
warrants 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 7% per annum and to be redeemed no
later than December 14, 2025, subject to extension of said maturity date by order
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of the District Court of Douglas County,Nebraska, after notice is given as required
by law, to-wit:
1. WARRANT NO. 1165-G payable to The Daily Record in the amount of$27.28.
2. WARRANT NO. 1166-G payable to Alexander Lawn & Landscape, Inc. for
Payment Recommendations #19, #20 and #21 in the amount of$3,545.00.
3. WARRANT NO. 1167-G payable to Alexander Lawn & Landscape, Inc. for
Payment Recommendations#22, #23, and#24 in the amount of$4,898.00.
4. WARRANT NO. 1168-G payable to Chastain Otis Insurance&Financial Services
in the amount of$682.00.
5. WARRANT NO. 1169-G payable to Omaha Public Power District in the amount
of$3,247.32
6. WARRANT NO. 1170-G payable to Papillion Sanitation in the amount of
$3,098.25.
7. WARRANT NO. 1171-G payable to Papillion Sanitation in the amount of
$3,098.25.
8. WARRANT NO. 1172-G payable to Papillion Sanitation in the amount of
$3,098.25.
9. WARRANT NO. 1173-G payable to Thompson, Dreessen & Dorner, Inc. in the
amount of$359.78.
10. WARRANT NO. 1174-G payable to Peterson & Foster Law in the amount of
$1,564.28.
BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 465 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
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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. 465 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. 465 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
Chairperson 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) 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
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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.
A motion to adjourn was made by Midge Clark and seconded by Blake Grooters.
[the remainder of this page intentionally left blank]
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There being no further business to come before the Board, the meeting was adjourned.
3e,,, fi •/72
Blake Grooters, Chairman Cliff rd Dillon, Clerk
/2-6-1-r
Jason arbee Midge Cl
Scott Holder
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ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING
The undersigned Trustees of Sanitary and Improvement District No. 465 of Douglas
County, Nebraska, hereby acknowledge receipt of advance notice of a meeting of the Board of
Trustees of said District and the agenda for such meeting held at 5:00 p.m. at Peterson & Foster
Law, 14747 California Street, Suite 2, Omaha,Nebraska.
Dated this 14'1' day of December, 2022.
gye:
Blake Grooters, Chairman
C6/1(,) ,d)
Clifford Dillon, Clerk
Jason Carbee
£r, ,�- dvg)d--
Midge Cl rk
Scott Holder
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CERTIFICATE
STATE OF NEBRASKA )
)
COUNTY OF DOUGLAS )
) ss.
SANITARY AND )
IMPROVEMENT )
DISTRICT NO. 465 )
I,the undersigned, Clerk for Sanitary and Improvement District No. 465 of Douglas County,
Nebraska, hereby certify that all of the subjects included in the attached proceedings were
contained in the agenda for the meeting of December 14, 2022, kept continually current and
available for public inspection at the office of the Clerk; that such subjects were contained in said
agenda for at least twenty-four hours prior to said meeting; that the minutes of the Chairperson
and Board of Trustees of the District, from which the foregoing proceedings have been extracted
were in written form and available for public inspection within ten working days and prior to the
next convened meeting of said body; that all news media requesting notification concerning
meetings of said body were provided advance notification of the time and place of said meeting
and the subjects to be discussed at said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2022.
-'2,42 ,2,),'...61,-)-..
CliffoM'Dillon, Clerk
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CERTIFICATE OF NOTICE
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
I hereby certify that I am the duly qualified and acting Clerk of Sanitary and Improvement
District No. 465 of Douglas County, Nebraska, and that not less than seven (7) days prior to the
date set for this meeting of the Board of Trustees of this District, a notice was sent to the Clerk of
the City of Omaha,Nebraska,the municipality or county whose zoning jurisdiction this District is
located, notifying said Clerk of this meeting.
Dated this 14th day of December, 2022.
Cliff r Dillon, Clerk
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CERTIFICATE
The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and
Improvement District Number 465 of Douglas County, Nebraska, (the "District") and hereby
further certify as follows:
1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board
of Trustees of the District relating to a meeting of said District held on the date and at the time
reflected in the meeting minutes contained in said foregoing transcript(the"Meeting"). All of the
proceedings of the District and of the Board of Trustees thereof which are set out in the annexed
and foregoing transcript have been fully recorded in the journal of proceedings of the District and
the undersigned District Clerk has carefully compared the annexed and foregoing transcript with
said journal and with the records and files of the District which are in such Clerk's official custody
and said transcript is a full, true and complete copy of said journal, records and files which are set
out therein.
2. Advance notice for the Meeting was given by publication as set forth in the affidavit of
publication contained in the foregoing transcript and was mailed to the Clerk of the municipality
or county within whose zoning jurisdiction the District is located at least seven days prior to the
date of the Meeting. Advance notice for the Meeting, including notice of agenda subjects, was
given to all members of the Board of Trustees. All news media requesting notification of meetings
of said body were provided with advance notice of the times and places of such meetings and the
subjects to be discussed.
3. All of the subjects addressed at the Meeting were contained in the agenda for the
Meeting, which agenda was kept continually current and readily available for public inspection at
the address listed in the meeting notice for the Meeting and a copy of which is attached to this
Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting
and each agenda item was sufficiently descriptive to give the public reasonable notice of the
matters to be considered at the Meeting.
4. A current copy of the Nebraska Open Meetings Act was available and accessible to
members of the public, posted during the Meeting in the room in which such Meeting was held
and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings
Act was available for review and were informed of the location of such copy in the room in which
such Meeting was being held. At least one copy of all Resolutions and other reproducible written
materials, for which actions are shown in said proceedings, was made available for examination
and copying by members of the public at the Meeting.
5. The minutes of the Meeting were in written form and available for public inspection
within fifteen (15) working days after the Meeting or prior to the next convened meeting,
whichever occurred earlier, at the office of the District; within thirty (30) days after the date of the
Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county
within whose zoning jurisdiction the District is located.
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6. No litigation is now pending or threatened to restrain or enjoin the District from the
issuance and delivery of any warrants or other obligations issued by the District or the levy and
collection of tax or other revenues or relating to any of the improvements for which any such
warrants or other obligations were or are issued nor in any manner questioning the proceedings
and authority under which any such warrants or other obligations were or are issued or affecting
the validity thereof; neither the corporate existence or boundaries of the District nor the title of its
present officers to their respective offices is being contested; no authority or proceedings for the
issuance of any warrants or other obligations by the District have been repealed, revoked or
rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said
transcript were taken at a public meeting while open to the attendance of the public.
IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 14th day
of December, 2022.
Blake\Grooters, Chairman
Cliffo d illon, Clerk
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PETERSON&FOSTet,LAW S THE DAILY RECORD
14747 California Street,Suite 2
Omaha,Nebraska 68154
NOTICE OF MEETING OF OMAHA
SANITARY AND IMPROVEMENT JASON W.HUFF,Publisher
DISTRICTASCOUNTY,NO.465 OR PROOF OF PUBLICATION
DOUGLAS COUNTY,NEBRASKA
NOTICE IS HEREBY GIVEN that a meeting
of the Board of Trustees of Sanitary and UNITED STATES OF AM ERICA,
Improvement District No. 465 of Douglas
County,Nebraska will be held at 5:00 p.m.on The State of Nebraska, SS.
Wednesday,December 14,2022,at 14747 District of Nebraska,
California Street, Suite 2, Omaha, Nebraska,
which meeting will be open to the public. An County of Douglas,
agenda for such meeting, kept continuously City of Omaha,
current, is available for public inspection at
the office of counsel for the District at 14747
California Street, Suite 2, Omaha, Douglas JASON W.HUFF and/or NIKLAUS STEWART
County,Nebraska,and includes the payment of
bills of the District. being duly sworn,deposes and say that they are the
Clifford Dillon,Clerk
PUBLISHER and/or LEGAL EDITOR
12/2 ZNEZ
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed noticehereto attached was published in THE
DAILY RECORD Do camber 2oi 022
That said Newspaper during that time was regularly published and
(in general circulation in the County of Douglas d State of Nebraska.
GENERAL NOTARY-State of Nebraska
NICOLE M. PALMERSubscribed in my presence and sworn to before
My Colnro. 09)-spber 1,2025 22nd
Publisher's Fee $ me this day of
ecember 22
Additional Copies $
27.28
Total $
Not ublic m and for D glee ounty,
State of Nebraska