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2010-03-22 SID 512 Minutes RECEIVED MINUTES OF A MEETING OF THE BOARD OF TRUSTEES OF SANITARY & IMPROVEMENT DISTRICT NO. 512 f ,� 2 � : OF DOUGLAS COUNTY, NEBRASKA 59 ON MARCH 22, 2010 CITY CLERK � OMAHA, NEBRA.SKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 512 of Douglas County, Nebraska, was convened in open and public session at 8:30 a.m., on March 22, 2010, at 2120 S. 72nd Street, Suite 1500, Omaha, Nebraska 68124. Present were: John A. Mabrey Carl J. Troia, Jr. James H. Mabrey Absent: Robert N. Troia Cynthia A. Troia Notice of the meeting was published in advance thereof by publication in The Daily Record on March 15, 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 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. . John A. Mabrey acted as Chairman 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 Carl J. Troia, Jr., to approve the minutes of the Board of Trustees meeting held on January 22, 2010. The motion was seconded by John A. Mabrey, and upon roll call vote of the trustees: John A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution was unanimously adopted: RESOLVED, that the minutes of the Board of Trustees meeting held on January 22, 2010, be and hereby are approved. The Chairman next presented a statement from Smith Gardner Slusky Law dated January 31, 2010, in the sum of$947.41. The Chairman recommended payment of said statement out of the District General Fund. The Chairman next presented a statement from Smith Gardner Slusky Law dated February 28, 2010, in the sum of$207.27. The Chairman recommended payment of said statement out of the District General Fund. The Chairman next presented a statement from Thompson, Dreessen & Dorner, Inc., dated February 22, 2010, in the sum of $41.93. The Chairman recommended payment of said statement out of the District General Fund. Joseph L. Leahy, Jr., advised that the District had previously issued General Fund Warrant No. 560 in the sum of$429.20 dated February 1, 2010; and General Fund Warrant No. 562 in the sum of $429.59 dated March 1, 2010; both being payable 2 to Omaha Public Power District for street lighting. The Omaha Public Power District invoices relating to these payments are attached to these minutes. Joseph L. Leahy, Jr., advised that the District had previously issued General Fund Warrant No. 561 dated February 3, 2010, in the sum of$86.00 being payable to Douglas County Engineer. The Douglas County Engineer invoice relating to this payment is attached to these minutes. The ratification of these warrants is set out below. Kuehl Capital Corporation will not be paid a fee for these warrants as these warrants will be paid directly from the Douglas County Treasurer. Thereafter, a motion was made by Carl J. Troia, Jr., to ratify the issuance of General Fund Warrant No. 560 in the sum of$429.20; and General Fund Warrant No. 562 in the sum of$429.59; both payable to Omaha Public Power District relating to street lighting within the District; and General Fund Warrant No. 561 in the sum of $86.00 being payable to Douglas County Engineer. The motion was seconded by John A. Mabrey, and upon roll call vote of the Trustees: John A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution was unanimously adopted: RESOLVED, that the issuance of General Fund Warrant No. 560 in the sum of$429.20; and General Fund Warrant No. 562 in the sum of $429.59; both payable to Omaha Public Power District relating to street lighting within the District; and General Fund Warrant No. 561 in the sum of $86.00 being payable to Douglas County Engineer be and hereby are ratified and approved and that the District Chairman and Clerk be and hereby were authorized to execute said warrants on behalf of the District. 3 • Thereafter a motion was made by Carl J. Troia, Jr., and seconded by John A. Mabrey, and upon roll call vote of the Trustees: John A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution was unanimously adopted: RESOLVED THAT the Chairman and/or Clerk be and hereby are authorized to execute and deliver 2 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: 563 3/22/2010 Smith Gardner Slusky Law $1,154.68 564 3/22/2010 Thompson, Dreessen & Dorner, Inc. $41.93 FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 512 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. 4 The Chairman next presented a letter from Kuehl Capital Corporation dated March 9, 2010, relating to the payment of April 1, 2010, annual interest for the District Construction Fund Warrants in the sum of$188,427.70 beginning with Warrant No. 143 of the Construction Fund, all warrants have a notice on their face that interest will be paid April 1 on an annual basis. The Chairman recommended payment of$188,427.70 be made to FIRNBANK CO. C/O FNB OMAHA out of the District Construction Fund. Thereafter a motion was made by Carl J. Troia, Jr., and seconded by John A. Mabrey, and upon roll call vote of the Trustees: John A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution was unanimously adopted: RESOLVED, that the Chairman and/or Clerk of the District be and hereby are, authorized to execute and deliver 7 warrants of the District, No. 565 to 571, respectively, dated the date of this meeting to the following payees and in the following amounts, said warrants to draw interest at 7.0 percent per annum, to be payable from the Construction Fund account of the District (interest to be payable on April 1 of each year), and to be redeemed no later than five years from the date hereof, being March 22, 2015, subject to extension of said maturity date by order of the District Court of Douglas County, Nebraska, after notice was given as required by law, to-wit: 565 3/22/2010 Firnbank Co. c/o FNB Omaha $26,918.29 566 3/22/2010 Firnbank Co. c/o FNB Omaha $11,554.06 567 3/22/2010 Firnbank Co. c/o FNB Omaha $83,742.26 568 3/22/2010 Firnbank Co. c/o FNB Omaha $15,185.16 569 3/22/2010 Firnbank Co. c/o FNB Omaha $34,217.71 570 3/22/2010 Firnbank Co. c/o FNB Omaha $55.55 571 3/22/2010 Firnbank Co. c/o FNB Omaha $16,754.67 FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 512 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 5 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. 512 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 $5,000,000.00 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. 512 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 6 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 no old business or new business to come before the meeting. There being no further business to come before the meeting, the meeting was adjourned. 7 Carl J. roia, Jr., rk App oved: Jo A. Mabrey, Chairman 6169-2#653834 7