2023-06-15 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 15th day of June, 2023, at
10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Tracy L. Monahan, Lori Bachman, Robert C. Cotton and Derik Knock. Also, present
was Mark L. LaPuzza, attorney for the District and Tyler Klusaw of Lamp Rynearson.
Absent: Craig Zellers.
Notice of the meeting was given in advance thereof by publication in The Daily Record on June 8,
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, Invoice #2452810, in the amount of Seven Thousand Four Hundred Eighty
and no/100 Dollars ($7,480.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Uleman Irrigation, for sprinkler maintenance within the
District, Invoice #20346117, in the amount of One Thousand Seventy-Four and 65/100 Dollars
($1,074.65).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Clean Sweep Commercial Inc., for street sweeping
services performed on May 4, 2023, Invoice #8893, in the amount of One Thousand One Hundred and
no/100 Dollars ($1,100.00).
There were next presented invoices from One Call Concepts, Inc., for line locates within the District,
as follows: (i) Invoice #3040646, in the amount of Seven and 20/100 Dollars ($7.20), and (ii) Invoice
#3050655, in the amount of Nine and 94/100 Dollars ($9.94); said invoices being in the aggregate amount
of Seventeen and 14/100 Dollars ($17.14). The Board was next reminded that it has a credit balance in
the amount of One Hundred Fifty-Six and 10/100 Dollars ($156.10), so no payment is due at this time.
There was next presented an invoice from Lamp Rynearson, engineers for the District, for services
rendered in miscellaneous District maintenance matters through May 13, 2023, Invoice#149, in the amount
of One Thousand Eight Hundred Eight and 98/100 Dollars ($1,808.98).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Monahan Lawn Care & Property Services, LLC, for
mowing, trimming, weeding and cleanup, Invoice #5608, in the amount of Four Thousand Three Hundred
Twenty and no/100 Dollars ($4,320.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Over the Top Tree Service, LLC, for pruning trees within
the District, Invoice#33049, in the amount of One Thousand Two Hundred and no/100 Dollars ($1,200.00).
There was next presented a statement from Metropolitan Utilities District, for sprinkler service at
the location of 15520 Curtis Avenue from April 28, 2023 to May 30, 2023, having a small credit balance
in the amount of Two Hundred Twelve and 19/100 Dollars ($212.19). The Board next directed
advance payment to be made in the amount of One Thousand Five Hundred and no/100 Dollars
($1,500.00).
There was next presented a statement from Metropolitan Utilities District, for service at the
location of 6804 N. 152nd Street, from April 28, 2023, to May 30, 2023, having a credit balance in the
amount of Seven Hundred Eighty and 43/100 Dollars($780.43), so no payment is due at this time.
There was next presented a statement from Omaha Public Power District, for general service at the
service location of 6899 N. 159nd Street from March 31, 2023, May 2, 2023, the of Forty-Five
, to May in amount
and 50/100 Dollars($45.50).
There was next presented a statement from Omaha Public Power District, for general service at the
service location of 15598 Curtis Avenue, from March 31, 2023, to May 2, 2023, in the amount of Forty-Five
and 24/100 Dollars($45.24).
There was next presented a statement from Omaha Public Power District, for street lights at the
service location of 15600 Ida Street, from April 27, 2023, to May 30, 2023, in the amount of One Thousand
Seven Hundred Eighty-One and 97/100 Dollars ($1,781.97).
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 4-0 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. 2466 through 2476, 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 June 15, 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 No. 2466, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 2467, for the amount of Two
Thousand Four Hundred Eighty and no/100 Dollars ($2,480.00), payable
to Abe's Trash Service, Inc.
Warrant No. 2468, for the amount of One Thousand Seventy-Four
and 65/100 Dollars($1,074.65), payable to Uleman Irrigation.
Warrant No. 2469, for the amount of One Thousand One Hundred
and no/100 Dollars($1,100.00), payable to Clean Sweep Commercial Inc.
Warrant No. 2470, for the amount of One Thousand Eight
Hundred Eight and 98/100 Dollars ($1,808.98), payable to Lamp
Rynearson.
Warrant No. 2471, for the amount of Four Thousand Three
Hundred Twenty and no/100 Dollars ($4,320.00), payable to Monahan
Lawn Care& Property Services, LLC.
Warrant No. 2472, for the amount of One Thousand Two Hundred
and no/100 Dollars ($1,200.00), payable to Over the Top Tree Service,
LLC.
Warrant No. 2473, for the amount of One Thousand Five Hundred
and no/100 Dollars ($1,500.00), payable to Metropolitan Utilities District,
Account#112000295578.
Warrant No. 2474, for the amount of Forty-Five and 50/100
Dollars ($45.50), payable to Omaha Public Power District, Account
#6000400010.
Warrant No. 2475, for the amount of Forty-Five and 24/100
Dollars ($45.24), payable to Omaha Public Power District, Account
#7000400010.
Warrant No. 2476, for the amount of One Thousand Seven
Hundred Eighty-One and 97/100 Dollars ($1,781.97), 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
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
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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 tree trimming. The Trustees discussed that
the tree trimming was completed by Over The Top Tree Service, LLC as requested. The Trustees
discussed that a tree needed to be removed and the stump ground out in one of the islands in the circle.
The Trustees directed Tyler Klusaw to direct Over The Top Tree Service, LLC to complete the removal.
The Trustees also asked that proposals be provided for installation of a new tree or, alternatively,
shrubbery in the landscaping island. The Trustees discussed that any installation would be made in the
fall, but that the tree should be removed now to avoid any potential property damage.
The next order of business was discussion regarding the tree installed by Hughes Tree Service.
Tyler Klusaw reported that Hughes Tree Service had refused to relocate or replace the tree it installed.
The Trustees discussed that Tyler Klusaw should obtain a quote from a qualified contractor for replanting
of the tree in line with the other existing trees. It was noted that any contractor relocating the tree would
not guarantee the tree would survive the relocation.
The next order of business was discussion regarding a Proposal received from B&W Co Inc. for
Paving Maintenance 2023 at Stone Park. Tyler Klusaw of Lamp Rynearson presented information
regarding the necessity of the work to be contemplated. The Trustees agreed that the bid received from
the B&W Co., Inc. was reasonable and appropriate. Upon a motion duly made and seconded, and upon a
roll call vote, the Trustees, Tracy L. Monahan, Lori Bachman, Robert C. Cotton and Derik Knock, voted"Aye"
with none voting"Nay"with the following resolution being thereby adopted and approved:
RESOLVED that a bid received from B&W Co., Inc. for Paving
Maintenance 2023 is hereby approved by the District.
RESOLVED FURTHER that Tyler Klusaw of Lamp Rynearson is hereby
authorized and directed to communicate with B&W Co., Inc. to direct
performance consistent with the accepted bid.
The next order of business was discussion regarding Proposals received from B&W Co., Inc. and
Kildow Construction, Inc. for Paving Maintenance 2023 — Curb Inlet at Stone Park. Tyler Klusaw of Lamp
Rynearson presented information regarding the necessity of the work to be contemplated. The Trustees
agreed that the bid received from the B&W Co., Inc. was reasonable and appropriate. Upon a motion duly
made and seconded, and upon a roll call vote, the Trustees, Tracy L. Monahan, Lori Bachman,
Robert C. Cotton and Derik Knock, voted "Aye" with none voting "Nay" with the following resolution being
thereby adopted and approved:
RESOLVED that a bid received from B&W Co., Inc. for Paving
Maintenance 2023—Curb Inlet is hereby approved by the District.
RESOLVED FURTHER that Tyler Klusaw of Lamp Rynearson is hereby
authorized and directed to communicate with B&W Co., Inc. to direct
performance consistent with the accepted bid.
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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 June 15, 2023 meeting.
Craig Zellers, Clerk