2023-02-07 SID 424 Minutes MINUTES
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 424
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 424 of Douglas
County, Nebraska, was convened in open and public session at 8:00 a.m. on the 7th day of February, 2023,
at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Tracy L. Monahan, Craig Zellers, Lori Bachman, Robert C. Cotton and Derik Knock.
Also, present Mark L. LaPuzza, attorney for the District, and Tyler Klusaw, of Lamp Rynearson.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
January 30, 2023, 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 Regency Center, 10250 Regency Circle, Suite 300, Omaha, Nebraska 68114.
The meeting was called to order. Upon roll call, all of the above-referenced Trustees were present.
It was 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 correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Abe's Trash Service, Inc., for residential waste
collection within the District, as follows: (i)for the month of November, Invoice #2386823, in the amount of
Seven Thousand Four Hundred Eighty and no/100 Dollars ($7,480.00), and (ii) for the month of
December, Invoice #2395579, in the amount of Seven Thousand Four Hundred Eighty and no/100
Dollars ($7,480.00); said statements being in the aggregate amount of Fourteen Thousand Nine Hundred
Sixty and no/100 Dollars ($14,960.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Vierregger Electric, for replacing lamp globe light and
investigating electrical wiring at 152nd and Ida Street Entrance Monument, Invoice #10100, in the amount
of Five Hundred Forty-Nine and 83/100 Dollars ($549.83).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Uleman Irrigation, for winterizing the sprinkler system,
Invoice#17206365, in the amount of Three Hundred Ninety-Five and no/100 Dollars ($395.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Hughes Tree Service, for payment of the tax that was
approved at the SID meeting on November 22, 2022, Invoice #158558, in the amount of Eighty and
92/100 Dollars ($80.92).
There were next presented statements from One Call Concepts, Inc., for line locates within the
District, as follows: (i) Invoice#2110633, in the amount of Three and 20/100 Dollars ($3.20), and (ii) Invoice
#2120636, in the amount of One and 60/100 Dollars ($1.60); said statements being in the aggregate
amount of Four and 80/100 Dollars ($4.80). The Board was next reminded that it has a credit balance in
the amount of One Hundred Sixty-Two and 08/100 Dollars ($162.08), so no payment is due at this
time.
There were next presented statements from Lamp Rynearson, engineers for the District, for
services rendered in miscellaneous District maintenance matters through January 14, 2023, as follows: (i)
Invoice#143, in the amount of Seven Hundred Eighty-Eight and 87/100 Dollars ($788.87), (ii) Invoice #144,
in the amount of Five Hundred Forty-Four and 24/100 Dollars ($544.24), and (iii) Invoice #145, in the
amount of Three Hundred Seventy-Five and 54/100 Dollars ($375.54); said statements being in the
aggregate amount of One Thousand Seven Hundred Eight and 65/100 Dollars ($1,708.65).
There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for
the District,for legal services performed through December 31, 2022, in the amount of Four Thousand Five
Hundred Seventy-One and no/100 Dollars ($4,571.00), and costs advanced in the amount of Sixty-Five and
02/100 Dollars ($65.02); said statement being in the aggregate amount of Four Thousand Six Hundred
Thirty-Six and 02/100 Dollars ($4,636.02).
There were next presented statements from Metropolitan Utilities District, for sprinkler service at
the location of 15520 Curtis Avenue from October 26, 2022, to December 27, 2022, having a credit
balance in the amount of Six Hundred Forty-Two and 95/100 Dollars ($642.95), so no payment is
due at this time.
There were next presented statements from Metropolitan Utilities District, for service at the
location of 6804 N. 152nd Street, from October 26, 2022, to December 27, 2022, having a credit
balance in the amount of One Thousand One Hundred Thirty-Five and 84/100 Dollars ($1,135.84),
so no payment is due at this time.
There were next presented statements from Omaha Public Power District, for general service at the
service location of 6899 N. 152nd Street, from November 1, 2022, to January 3, 2023, in the aggregate
amount of Ninety-Five and 92/100 Dollars ($95.92).
There were next presented statements from Omaha Public Power District, for general service at the
service location of 15598 Curtis Avenue, from November 1, 2022, to January 3, 2023, in the aggregate
amount of Ninety-One and 64/100 Dollars ($91.64).
There were next presented statements from Omaha Public Power District, for street lights at the
service location of 15600 Ida Street, from October 28, 2022, to December 29, 2022, in the aggregate
amount of Three Thousand Five Hundred Fifty-Four and 35/100 Dollars($3,554.35).
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 on a 5-0 vote:
RESOLVED by the Board of Trustees of Sanitary and Improvement
District No.424 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 2426 through 2436, 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 six percent (6%) per annum and to be redeemed no
later than February 7, 2026, 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 Nos. 2426 and 2427, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2428, for the
amount of Four Thousand Nine Hundred Sixty and no/100 Dollars
($4,960.00), payable to Abe's Trash Service, Inc.
Warrant No. 2429, for the amount of Five Hundred Forty-Nine and
83/100 Dollars ($549.83), payable to Vierregger Electric.
Warrant No. 2430, for the amount of Three Hundred Ninety-Five
and no/100 Dollars($395.00), payable to Uleman Irrigation.
Warrant No 2431, for the amount of Eighty and 92/100 Dollars
($80.92), payable to Hughes Tree Service.
Warrant No. 2432, for the amount of One Thousand Seven
Hundred Eight and 65/100 Dollars ($1,708.65), payable to Lamp
Rynearson.
Warrant No. 2433, for the amount of Four Thousand Six Hundred
Thirty-Six and 02/100 Dollars ($4,636.02), payable to Pansing Hogan
Ernst& Bachman LLP.
Warrant No. 2434, for the amount of Ninety-Five and 92/100
Dollars ($95.92), payable to Omaha Public Power District, Account
#6000400010.
Warrant No. 2435, for the amount of Ninety-One and 64/100
Dollars ($91.64), payable to Omaha Public Power District, Account
#7000400010.
Warrant No. 2436, for the amount of Three Thousand Five
Hundred Fifty-Four and 35/100 Dollars ($3,554.35), payable to Omaha
Public Power District, Account#3983100070.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 424 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. 424 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 $10,000,000 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. 424 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
t '
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 1.148-2(b)(2)of the Income Tax Regulations under the Internal
Revenue Code of 1986, as amended.
The next order of business was discussion regarding street sweeping. Tyler Klusaw reported that
the lowest bid for work received was from Clean Sweep Commercial, Inc., who has been used by a
number of other Districts in the past. Tyler Klusaw was directed to coordinate with Clean Sweep for street
sweeping in the second week of April, and the Trustees noted that they would like to attempt to
coordinate with the Homeowners Association to provide notice to residents when the street sweeping was
being done.
The next order of business was discussion regarding landscaping and snow removal for the
upcoming year. The Trustees were reminded of their decision of not to put the project out to bid and to
use Monahan Lawn Care & Property Services, LLC again in 2023. The Trustees reviewed the proposed
landscaping, snow and ice removal plan prepared by the District engineer. The Trustees found the plan to
be acceptable but requested that the snow removal along 156th Street south of the entrance and the snow
removal to the west of the Ida Street entrance be removed from the plans. Tracy Monhan abstained from
voting on this matter.
The next order of business was discussion regarding traffic signals at the Ida Street and 156th
Street entrances. Tyler Klusaw reported that the development to the north had expressed a general
interest in sharing the expense of installing a signal at the Ida Street entrance to the District. The
engineer was asked to prepare a basic design and cost estimate for such an installation. Mark LaPuzza
reported that the District to the west had not agreed to share the cost of installation of a traffic signal, but
the Board of Trustees would be asked again as to their willingness to participate in that cost.Tyler Klusaw
was directed to coordinate with the Douglas County Engineer and City of Omaha as necessary to
determine standards and approvals necessary.
With respect to the cost of such traffic signals, it was discussed that the District would need to
make arrangements to pay for those costs. Whether by deferring street maintenance, raising tax levies, or
other means, the Board wishes to consider the net effect to resident taxpayers of such a project.
Therefore, the Trustees requested that a representative of D.A. Davidson & Co., the fiscal agent for the
District, be present at the next meeting.
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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.
Craig Zellers, as Clerk for Sanitary and Improvement District No. 424 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 January 7, 2023 meeting.
Craig Zellers, CI
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