Loading...
2023-06-12 SID 476 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 476 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No, 476 of Douglas County, Nebraska, was convened in open and public session at 8:30 a.m. on the 12th day of June, 2023, at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: David Ward, Lawrence D. Rettele and Patrick T. Niebauer. Also present were John Q. Bachman, attorney for the District and James C. Cripe, certificate of indebtedness holder. Absent: Steven P. Ziemba. Notice of the meeting was given in advance thereof by publication in The Daily Record on June 7, 2023, 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 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. The undersigned Clerk hereby certifies that these minutes were written and available for public inspection within ten (10)working days after the date of such meeting. The meeting was called to order. There were next presented miscellaneous bills, invoices, statements, and recommendations for the Board's consideration. There was next presented a statement from E &A Consulting Group, Inc., engineers for the District for services rendered in construction-related matters from March 20, 2023 through April 23, 2023, Invoice No. 166544 in the amount of Two Thousand Seven Hundred Forty-Four and 73/100 Dollars ($2,744.73). There were next presented statements from All Trees Service for hazardous tree removal and trimming from storm damage as follows; (i) invoice dated May 16, 2023 in the amount of Twenty Thousand and no/100 Dollars ($20,000.00); and (ii) invoice dated May 16, 2023 in the amount of Eight Thousand and no/100 Dollars ($8,000.00); said statements being in the aggregate amount of Twenty-Eight Thousand and no/100 Dollars ($28,000.00). Payment of these statements was not approved for the reason that there is no evidence that the work was ever ordered by the Board of Trustees or performed. There was next presented a statement from Royal Lawns Inc. for green area maintenance, Invoice No. 1149 in the amount of Ten Thousand Seven Hundred Five and no/100 Dollars ($10,705.00). There were next presented statements from Centennial Enterprises Inc. for snow removal as follows; (i) on March 7, 2022, Invoice No. 57689 in the amount of One Thousand Twenty-Five and no/100 Dollars ($1,025.00); and (ii) on February 16, 2023, Invoice No. 58464 in the amount of One Thousand Six Hundred and no/100 Dollars ($1,600.00); said statements being in the aggregate amount of Two Thousand Six Hundred Twenty-Five and no/100 Dollars ($2,625.00). There were next presented statements from Park Service LLC as follows: (i) trash service and park maintenance for the month of March, 2023, Invoice No, 2021890 in the amount of Eight Hundred and no/100 Dollars ($800,00); (ii) trash service and park maintenance for the month of April, 2023, Invoice No. 2021944 in the amount of Seven Hundred and no/100 Dollars ($700,00); and (iii) trash service and park maintenance for the month of May, 2023, Invoice No. 2022000 in the amount of Eight Hundred and no/100 Dollars ($800,00); said statements being in the aggregate amount of Two Thousand Three Hundred and no/100 Dollars ($2,300.00). There were next presented statements from One Call Concepts, Inc. for line locating services as follows: (i) for the month of March, 2023, Invoice No. 3030652 in the amount of Eleven and 58/100 Dollars ($11.58); (ii) for the month of April, 2023, Invoice No, 3040655 in the amount of Fifteen and 54/100 Dollars ($15.54); and (iii) for the month of May, 2023, Invoice No. 3050664 in the amount of Twenty-Seven and 42/100 Dollars ($27,42); said statements being in the aggregate amount of Fifty-Four and 54/100 Dollars ($54.54), There were next presented statements from E &A Consulting Group, Inc., engineers for the District for services rendered as follows: (i) January 23, 2023 through February 19, 2023, Invoice No. 165723 in the amount of One Thousand Seven Hundred Sixty-Six and 61/100 Dollars ($1,766.61); (ii) February 20, 2023 through March 19, 2023, Invoice No. 166088 in the amount of One Thousand Seven Hundred Forty-Eight and 10/100 Dollars ($1,748,10); and (iii) March 20, 2023 through April 23, 2023, Invoice No. 166543 in the amount of Two Thousand Twenty-Nine and 14/100 Dollars ($2,029.14); said statements being in the aggregate amount of Five Thousand Five Hundred Forty-Three and 85/100 Dollars ($5,543.85). There was next presented a statement from Metropolitan Utilities District for service at the 4506 South 194th Street meter pit from March 18, 2023 through April 13, 2023, indicating a credit balance in the amount of Five Thousand Five Hundred Sixty-Eight and 19/100 Dollars ($5,568.19). There were next presented statements from Omaha Public Power District with respect to Account No. 0854192562 for services from February 28, 2023 through May 30, 2023; said statements being in the aggregate amount of Seventeen Thousand Five Hundred Fifty-Eight and 17/100 Dollars ($17,558,17). 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. 476 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby authorized and directed to execute and deliver Warrant No. 8267 of the District, dated the date of this meeting, to the following payee and in the following amount, said Warrant 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 July 1 of each year) and to be redeemed no later than June 12, 2028, 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. 8267, for the amount of Two Thousand Seven Hundred Forty-Four and 73/100 Dollars ($2,744.73), payable to E & A Consulting Group, Inc., Inv. 166544. FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 476 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 8268 through 8285 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 June 12, 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. 8268 through 8272, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 8273, for the amount of Three Thousand and no/100 Dollars ($3,000.00), payable to All Trees Service. Payment of these statements was not approved for the reason that there is no evidence that the work was ever ordered by the Board of Trustees or performed. Warrant Nos. 8274 and 8275, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 8276, for the amount of Seven Hundred Five and no/100 Dollars ($705.00), payable to Royal Lawns Inc., Inv. 1149. Warrant No. 8277, for the amount of Two Thousand Six Hundred Twenty-Five and no/100 Dollars ($2,625.00), payable to Centennial Enterprises Inc., Inv. 57689, 58464, Warrant No. 8278, for the amount of Two Thousand Three Hundred and no/100 Dollars ($2,300.00), payable to Park Service LLC, Inv. 2021890, 2021944, 2022000. Warrant No. 8279, for the amount of Fifty-Four and 54/100 Dollars ($54.54), payable to One Call Concepts, Inc., Inv. 3030652, 3040655, 3050664. Warrant No. 8280, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 8281, for the amount of Five Hundred Forty-Three and 85/100 Dollars ($543.85), payable to E & A Consulting Group, Inc., Inv. 165723, 166088, 166543. Warrant Nos. 8282 through 8284, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 8285, for the amount of Two Thousand Five Hundred Fifty-Eight and 17/100 Dollars ($2,558.17), payable to Omaha Public Power District, Acct. No. 0854192562. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 476 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. 476 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. 476 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 a receipt from the Douglas County Treasurer for a deposit to the District's bond fund for a refund from Metropolitan Utilities District for pioneer contributions in the amount of One Hundred Twenty-One Thousand Two Hundred Seven and 12/100 Dollars ($121,207.12). [THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK- SIGNATURES APPEAR ON THE FOLLOWING PAGE] 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. Lawrence D. Rettele, as Clerk for Sanitary and Improvement District No. 476 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 June 12, 2023 meeting. awren D. Rettele, Clerk