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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 • 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. [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. 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