2010-08-04 SID 499 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 499
OF DOUGLAS COUNTY, NEBRASKA c'a
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+^7
A meeting of the Board of Trustees of Sanitary and Improvement District No.499 of'Douglas o uny i
Nebraska, was convened in open and public session at 10:00 a.m. on the 4th day of August,-2010, �t 10250
Regency Circle, Suite 300, Omaha, Nebraska. .
Present were: Nyle Johnson, Dan Livingston, Lee A. Schoenewe and Ron Adams. Alsefpresent
were John Q. Bachman, attorney for the District and Robert Dean of E &A Consulting Group, Inc., engineers
for the District.
Absent: Greg Johnson.
Notice of the meeting was given in advance thereof by publication in The Daily Record on July 30,
2010, 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 by the undersigned presiding as Chairman. Upon roll call, all of the
Trustees were present with the exception of Greg Johnson.
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.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from Bankers Trust for paying agent and registrar fees for
services through June 10, 2010 with respect to the 2009 general obligation bonds, Invoice No. 37159 in the
amount of Five Hundred and no/100 Dollars ($500.00).
The Clerk next presented to the Board the final estimate with regard to Outfall Sanitary Sewer
System (Deer Creek Highlands Northeast Phase V) and its installation by L.G. Roloff Construction, which
recommended that a final and complete payment be made in the total amount of One Hundred Thirty-Six
Thousand Seventy-Nine and 38/100 Dollars ($136,079.38) with such being final payment and the final
estimate for work completed on such project. The Clerk also presented the Certificate of Completion from
the District's engineers, E & A Consulting Group, Inc., recommending that final payment and acceptance of
such project be made by the District. Upon a motion duly made and seconded, and upon the following roll
call vote, the Trustees, Nyle Johnson, Dan Livingston, Lee A. Schoenewe and Ron Adams voted "Aye"with
none voting "Nay"thereby passing and adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No.499 of Douglas County, Nebraska, that the District's project entitled
Outfall Sanitary Sewer System (Deer Creek Highlands Northeast Phase V)
be accepted as completed in accordance with recommendation of the
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District's engineers, E &A Consulting Group, Inc. and that final payment be
made in the following scheduled amount:
Contractor Amount
L.G. Roloff Construction $136,079.38
There was next presented correspondence from E & A Consulting Group, Inc., engineers for the
District, presenting and recommending payment in favor of Utilities Service Group for testing services in
connection with the Outfall Sanitary Sewer System (Deer Creek Highlands Northeast Phase V) project,
Invoice No. 8440 in the amount of Two Thousand One Hundred Nine and 95/100 Dollars ($2,109.95).
There was next presented correspondence from E & A Consulting Group, Inc., engineers for the
District, presenting and recommending payment in favor of Thiele Geotech, Inc. for testing services in
connection with the Outfall Sanitary Sewer System (Deer Creek Highlands Northeast Phase V) project as
follows: (i) Invoice No. 37197 in the amount of Six Hundred and no/100 Dollars ($600.00); (ii) Invoice No.
37803 in the amount of Two Thousand Three Hundred Thirteen and 50/100 Dollars ($2,313.50); and (iii)
Invoice No. 38001 in the amount of Eighty and no/100 Dollars ($80.00); said invoices being in the aggregate
amount of Two Thousand Nine Hundred Ninety-Three and 50/100 Dollars ($2,993.50).
There were next presented statements from Croker, Huck, Kasher, DeWitt, Anderson &
Gonderinger, L.L.C., former attorneys for the District for services rendered as follows: (i) services rendered
in construction-related matters and expenses advanced through April 30, 2010, Invoice No. 82372 in the
amount of Four Thousand Eight Hundred Twenty-One and 19/100 Dollars ($4,821.19); and (ii) services
rendered with respect to the David L. Davis Easement, Invoice No. 82373 in the amount of Three Hundred
and no/100 Dollars ($300.00); said statements being in the aggregate amount of Five Thousand One
Hundred Twenty-One and 19/100 Dollars ($5,121.19). At the request of a Trustee, the attorneys for the
District compared the Croker, Huck bill dated May 31, 2010 to prior Croker, Huck bills received and
approved by the District. The attorney for the District noted that many entries during 2009, appeared to be
similar work that had been previously billed and paid by the District with respect to general fund matters.
Trustee Adams requested the attorneys for the District ask that the Croker, Huck law firm provide an
explanation with respect to the bills and the possible discrepancies prior to any payment.
There was next presented a statement from RD Engineering, Inc., former engineers for the District,
for services rendered in construction-related matters, Invoice No. 1771 in the amount of Twenty-Four
Thousand One Hundred and no/100 Dollars ($24,100.00).
There was next presented a statement from Pansing Hogan Ernst& Bachman LLP, attorneys for the
District for services rendered in construction-related matters in the amount of Eight Thousand Two Hundred
Sixty-Five and no/100 Dollars ($8,265.00); and costs advanced in the amount of Eight Hundred Seventy-Six
and 53/100 Dollars ($876.53); said statement being in the aggregate amount of Nine Thousand One
Hundred Forty-One and 53/100 Dollars ($9,141.53).
The Clerk next directed the attention of the Board of Trustees to the fact that Kuehl Capital
Corporation will place One Hundred Eighty Thousand Forty-Five and 55/100 Dollars ($180,045.55) in
warrants at this time and that the contracted charge for such placement of warrants is five percent (5%) or
Nine Thousand Two and 27/100 Dollars ($9,002.27) in accordance with the financing agreement previously
adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to Kuehl
Capital Corporation.
There was next presented a statement from K.C. Sweeping for additional street sweeping on May 5,
2010, Invoice No. 5261 in the amount of One Hundred Fifty and no/100 Dollars ($150.00).
There was next presented a statement from the Douglas County Engineer for installation of traffic
control devices, invoice dated June 8, 2010 in the amount of One Hundred Fourteen and no/100 Dollars
($114.00).
There was next presented a statement from Stanek Construction Company for sign installation,
Invoice No. 10-027 in the amount of Two Hundred Eleven and no/100 Dollars ($211.00).
There were next presented statements from Commercial Seeding Contractors as follows: (i) Invoice
No. 9059 in the amount of Eighty-Seven and 50/100 Dollars ($87.50); and (ii) Invoice No. 9365 in the amount
of Two Hundred and no/100 Dollars ($200.00); said statements being in the aggregate amount of Two
Hundred Eighty-Seven and 50/100 Dollars ($287.50).
There were next presented statements from Todco Barricade as follows: (i) Invoice No. 107345 in
the amount of One Hundred Eighty-Six and 74/100 Dollars ($186.74); (ii) Invoice No. 109294 in the amount
of Thirty-Seven and 98/100 Dollars ($37.98); and (iii) Invoice No. 109385 in the amount of Thirteen and
93/100 Dollars ($13.93); said invoices being in the aggregate amount of Two Hundred Thirty-Eight and
65/100 Dollars ($238.65).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District,
for miscellaneous engineering services rendered as follows: (i)through May 16, 2010, Invoice No. 112126 in
the amount of Two Thousand Two Hundred Forty-Eight and 89/100 Dollars ($2,248.89); (ii)through June 30,
2010, Invoice No. 112357 in the amount of Two Thousand One Hundred Seventy-Eight and 66/100 Dollars
($2,178.66); and (iii)through July 11, 2010, Invoice No. 112551 in the amount of Seven Hundred Ninety and
36/100 Dollars ($790.36); said statements being in the aggregate amount of Five Thousand Two Hundred
Seventeen and 91/100 Dollars ($5,217.91).
There were next presented statements from Omaha Public Power District with respect to Account
No. 3796158951 for services through July 29, 2010 in the amount of Five Thousand Three Hundred Five and
91/100 Dollars ($5,305.91).
The Clerk next directed the attention of the Board of Trustees to the fact that Kuehl Capital
Corporation will place Eleven Thousand Five Hundred Sixty-Six and 79/100 Dollars ($11,566.79) in warrants
at this time and that the contracted charge for such placement of warrants is five percent (5%) or Five
Hundred Seventy-Eight and 33/100 Dollars ($578.33) in accordance with the financing agreement previously
adopted by the Board. The Chairman recommended the issuance of a warrant for such amount to Kuehl
Capital Corporation.
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.499 of Douglas County, Nebraska, that the Chairman and Clerk be and
they hereby authorized and directed to execute and deliver Warrant Nos.
1381 through 1403 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 Construction Fund of the District and to draw interest at the rate of
seven percent (7%) per annum (interest to be payable on November 1 of
each year) and to be redeemed no later than August 4, 2015, 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. 1381, for the amount of Five Hundred and no/100
Dollars ($500.00), payable to Bankers Trust.
Warrant Nos. 1382 through 1394, each for the amount of Ten
Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1395, for the
amount of Six Thousand Seventy-Nine and 38/100 Dollars ($6,079.38),
payable to L.G. Roloff Construction.
Warrant No. 1396, for the amount of Two Thousand One Hundred
Nine and 95/100 Dollars ($2,109.95), payable to Utilities Service Group.
Warrant No. 1397, for the amount of Two Thousand Nine Hundred
Ninety-Three and 50/100 Dollars ($2,993.50), payable to Thiele Geotech
Inc.
Warrant No. 1398—NOT ISSUED
Warrant Nos. 1399 and 1400, each for the amount of Ten
Thousand and no/100 Dollars ($10,000.00), and Warrant No. 1401, for the
amount of Four Thousand One Hundred and no/100 Dollars ($4,100.00),
payable to RD Engineering, Inc.
Warrant No. 1402, for the amount of Nine Thousand One Hundred
Forty-One and 53/100 Dollars ($9,141.53), payable to Pansing Hogan
Ernst& Bachman LLP.
Warrant No. 1403, for the amount of Nine Thousand Two and
27/100 Dollars ($9,002.27), payable to Kuehl Capital Corporation.
FURTHER 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 authorized and directed to execute
and deliver Warrant Nos. 1404 through 1412 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 seven percent (7%) per annum and to be redeemed
no later than August 4, 2013, 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. 1404, for the amount of One Hundred Fifty and
no/100 Dollars($150.00), payable to K.C. Sweeping.
Warrant No. 1405, for the amount of One Hundred Fourteen and
no/100 Dollars ($114.00), payable to the Douglas County Engineer.
Warrant No. 1406, for the amount of Two Hundred Eleven and
no/100 Dollars ($211.00), payable to Stanek Construction Company.
Warrant No. 1407, for the amount of Two Hundred Eighty-Seven
and 50/100 Dollars ($287.50), payable to Commercial Seeding Contractors.
Warrant No. 1408,for the amount of Two Hundred Thirty-Eight and
65/100 Dollars ($238.65), payable to Todco Barricade Company.
Warrant No. 1409—NOT ISSUED
Warrant No. 1410, for the amount of Five Thousand Two Hundred
Seventeen and 91/100 Dollars ($5,217.91), payable to E & A Consulting
Group, Inc.
Warrant No. 1411, for the amount of Five Thousand Three
Hundred Five and 91/100 Dollars ($5,305.91), payable to Omaha Public
Power District,Acct. No. 3796158951.
Warrant No. 1412, for the amount of Five Hundred Seventy-Eight
and 33/100 Dollars ($578.33), payable to Kuehl Capital Corporation.
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 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.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.
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:
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.
There was next presented Change Order No. 1 with regard to the Outfall Sanitary Sewer System
(Deer Creek Highlands Northeast Phase V), project which will result in a reduction of One Thousand Seven
Hundred Seven and 62/100 Dollars ($1,707.62) being deducted from the contract granted to L.G. Roloff
Construction. After discussion by the Board, the following resolution was duly moved and seconded, and
upon a roll call vote of the Trustees, Nyle Johnson, Dan Livingston, Lee A. Schoenewe and Ron Adams
voted"Aye"with none voting "Nay"thereby passing and adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No.499 of Douglas County, Nebraska, that Change Order No. 1 to the
Outfall Sanitary Sewer System (Deer Creek Highlands Northeast Phase V)
project resulting in a reduction of One Thousand Seven Hundred Seven
and 62/100 Dollars ($1,707.62) being deducted from the contract granted
to L.G. Roloff Construction, be accepted and approved and that the
Chairman and Clerk of the District be and they hereby are authorized and
directed to execute Change Order No. 1 for and on behalf of the District.
The attorney presented a bill from Metropolitan Utilities District in the amount of Twenty Thousand
Six Hundred Six and 52/100 Dollars ($20,606.52). A copy of an email from Mark Masek of Metropolitan
Utilities District with a brief explanation of the bill was also presented. The Trustees took no action with
respect to the bill.
The attorney next presented email correspondence from the attorney for Omaha Public Schools
regarding disbursement of the final payment for the 114th and Potter Street property. The Trustees instructed
the attorney to respond to Mr. Dye.
There was next presented correspondence from the Douglas County Engineer regarding snow
removal in sanitary and improvement districts.
Discussion was next regarding legal representation of the District with the law firm of Pansing Hogan
Ernst& Bachman LLP. Upon a motion duly made and seconded and upon a roll call vote the Trustees, Nyle
Johnson, Dan Livingston, Lee A. Schoenewe and Ron Adams voted "Aye" with none voting "Nay" adopting
the following resolution:
RESOLVED, that the law firm of Pansing Hogan Ernst& Bachman LLP, be
appointed and retained as attorneys for the District with their fair compen-
sation to be set by the Board from time to time on a basis of reasonable
compensation for services rendered and that such firm be reimbursed on a
similar basis for prior services rendered in connection with the organization
and formation of the District.
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The Clerk 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.
Dan Livingston, as Clerk for Sanitary and Improvement District No. 499 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 August 4, 2010, meeting.
BAN LIVINGSTON, Clerk