2010-05-14 SID 520 Minutes MINUTES OF MEETING in F f-, '-..
WED
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 520 f° Y 26 nri 8 44
OF DOUGLAS COUNTY, NEBRASKA
CiTy CLERft
A meeting of the Board of Trustees of Sanitary and Improvement District No. 20'0'D'bagIgs'.CoGnty,
Nebraska, was convened in open and public session at 8:00 a.m. on the 14th day of May, 2010, at 19111
West Center Road, Omaha, Nebraska.
Present were: David F. Lanoha, Jason P. Lanoha, Patricia A. Lanoha, Christopher D. Lanoha and
Kristina J. Carter.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on May 10,
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. Upon roll call, all of the Trustees were present.
The Chairman 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.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from Lanoha Nurseries Inc., for services rendered in
miscellaneous District landscaping matters, Invoice #197534, in the amount of One Thousand Seven
Hundred Ninety-Three and 50/100 Dollars ($1,793.50).
There were next presented statements from Great Plains One-Call Services Inc., for line locates, as
follows: (i) Invoice #210SD520, in the amount of One and 76/100 Dollars ($1.76), and (ii) Invoice
#310SD520, in the amount of Eight and 80/100 Dollars ($8.80); said statements being in the aggregate
amount of Ten and 56/100 Dollars ($10.56).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District,
for services rendered in miscellaneous District matters through April 11, 2010, as follows: (i) Invoice
#111567, in the amount of Six Hundred Forty-Seven and 46/100 Dollars ($647.46), and (ii) Invoice#111860,
in the amount of One Thousand Two Hundred and 75/100 Dollars ($1,200.75); said statements being in the
aggregate amount of One Thousand Eight Hundred Forty-Eight and 21/100 Dollars ($1,848.21).
There were next presented statements from City of Omaha, for monthly sewer services with tax, as
follows: (i) Invoice#64896, in the amount of One Hundred One and 74/100 Dollars ($101.74), and (ii) Invoice
#64896, in the amount of Seven Hundred Sixty-Eight and 16/100 Dollars ($768.16); said statements being in
the aggregate amount of Eight Hundred Sixty-Nine and 90/100 Dollars ($869.90).
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g Hoganattorneys Ernst& Bachman LLP,was next presented a statement fromattorneys for the
District, for legal services rendered in miscellaneous District matters through April 30, 2010, in the amount of
Six Thousand Eight Hundred Twenty-Six and no/100 Dollars ($6,826.00), and costs advanced in the amount
of Three Hundred Thirty-Eight and 77/100 Dollars ($338.77); said statement being in the aggregate amount
of Seven Thousand One Hundred Sixty-Four and 77/100 Dollars($7,164.77).
There were next presented statements from Metropolitan Utilities District, for service at 3199 S.
229th Street, from February 23, 2010, through April 20, 2010, having a credit balance.
There were next presented statements from Metropolitan Utilities District, for service at the location
2999 S. 229th Street, for Account #391835-1370698, from March 1, 2010 through April 20, 2010, in the
aggregate amount of Twenty-Seven and 56/100 Dollars ($27.56).
There were next presented statements from Omaha Public Power District for services for Account
#3761143539, as follows: (i) statements dated April 2, 2010, in the aggregate amount of Seven Hundred
Fifty-Nine and 01/100 Dollars ($759.01), and (ii) statements dated May 21, 2010, in the aggregate amount of
One Thousand Fifty-Five and 56/100 Dollars ($1,055.56); said statements being in the aggregate amount of
One Thousand Eight Hundred Fourteen and 57/100 Dollars($1,814.57).
There was next presented a statement from Domina Law Group PC, for services rendered in
connection with general legal matters, Invoice dated October 7, 2010, in the amount of Five Hundred
Twenty-Three and 64/100 Dollars ($523.64).
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. 520 of Douglas County, Nebraska, that the Chairman and Clerk be and
they hereby authorized and directed to execute and deliver Warrant
Nos. 1225 through 1233 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 May 14,
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. 1225, for the amount of One Thousand Seven
Hundred Ninety-Three and 50/100 Dollars ($1,793.50), payable to Lanoha
Nurseries, Inc.
Warrant No. 1226, for the amount of Ten and 56/100 Dollars
($10.56), payable to Great Plains One-Call Services Inc.
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Warrant No. 1227,for the amount of One Thousand Eight Hundred
Forty-Eight and 21/100 Dollars ($1,848.21), payable to E & A Consulting
Group, Inc.
Warrant No. 1228, for the amount of Eight Hundred Sixty-Nine and
90/100 Dollars($869.90), payable to City of Omaha.
Warrant No. 1229, for the amoun
t of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 1230, for the amount of Two
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Thousand One Hundred Sixty-Four and 77/100 Dollars ($2,164.77),
payable to Pansing Hogan Ernst& Bachman LLP.
Warrant No. 1231, for the amount of Twenty-Seven and 56/100
Dollars ($27.56), payable to Metropolitan Utilities District,Account#391835-
1370698.
Warrant No. 1232,for the amount of One Thousand Eight Hundred
Fourteen and 57/100 Dollars ($1,814.57), payable to Omaha Public Power
District,Account#3761143539.
Warrant No. 1233, for the amount of Five Hundred Twenty-Three
and 64/100 Dollars ($523.64), payable to Domina Law Group PC.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 520 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. 520 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)(IlI) 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
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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. 520 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 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.
Jason P. Lanoha, as Clerk for Sanitary and Improvement District No. 520 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 May 14,2010, meeting.
41.
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Lanoh-`erk