2023-06-29 SID 473 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 473
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 473 of Douglas
County, Nebraska, was convened in open and public session at 8:00 a.m. on the 29th day of June, 2023, at
10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Dennis Nichols, Lisa Juricek and Patricia Gooch. Also in attendance was
Mark J. LaPuzza, attorney for the District and Bryan Kratky of Lamp Rynearson.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on June 23,
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 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 were next presented invoices from UMB Bank, N.A., for administrative paying agent fees
due, as follows: (i) Invoice #946844, in the amount of Five Hundred Twenty and 97/100 Dollars ($520.97),
(ii) Invoice #949084, in the amount of Five Hundred Fifty and no/100 Dollars ($550.00), (iii) Invoice
#949369, in the amount of Five Hundred Fifty and no/100 Dollars ($550.00), (iv) Invoice #949530, in the
amount of Five Hundred Fifty and no/100 Dollars ($550.00), (v) Invoice #949406, in the amount of Five
Hundred Fifty and no/100 Dollars ($550.00), and (vi) Invoice#949562, in the amount of Eight Hundred and
no/100 Dollars ($800.00); said invoices being in the aggregate amount of Three Thousand Five Hundred
Twenty and 97/100 Dollars ($3,520.97).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment to the contract for Green Area Maintenance —
Landscapinq 2022 (Pine Creek), in favor of Royal Lawns Inc., as follows: (i) Invoice #38, in the amount
of One Thousand Two Hundred and no/100 Dollars ($1,200.00), and (ii) Invoice #29, in the amount of
Fifty Thousand Six Hundred Forty and no/100 Dollars ($50,640.00); said invoices being in the aggregate
amount of Fifty-One Thousand Eight Hundred Forty and no/100 Dollars ($51,840.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment to the contract for Green Area Maintenance — Mowing 2022
(Pine Creek), in favor of Royal Lawns Inc., Estimate No. 29, in the amount of One Thousand Two
Hundred Fifty and no/100 Dollars ($1,250.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of TREKK Design Group, for routine annual sanitary sewer
jetting, Phase 2, Invoice #23-000219, in the amount of Four Thousand Nine Hundred Twenty-Nine and
no/100 Dollars ($4,929.00).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Douglas County Engineer, for replacing a damaged
"Keep Right" sign on 162nd Street north of Vane Street, Invoice dated February 10, 2023, in the amount of
One Hundred Ninety-Five and no/100 Dollars ($195.00).
There were next presented invoices from One Call Concepts, Inc., for line locates within the
District, as follows: (i) Invoice #3020648, in the amount of Four and 38/100 Dollars ($4.38), (ii) Invoice
#3030651, in the amount of Nine and 98/100 Dollars ($9.98), (iii) Invoice #3040654, in the amount of
Thirty-Nine and 88/100 Dollars ($39.88), and (iv) Invoice #3050663, in the amount of Forty-Seven and
72/100 Dollars ($47.72); said invoices being in the aggregate amount of One Hundred One and 96/100
Dollars ($101.96). The Board was next directed that it has a credit balance in the amount of Three
Hundred Sixty-Four and 42/100 Dollars($364.42), so no payment is due at this time.
There were next presented invoices from Lamp Rynearson, engineers for the District, for services
rendered in miscellaneous District maintenance matters through May 13, 2023, as follows: (i) Invoice
#201, in the amount of Nine Hundred Ninety-Four and 40/100 Dollars ($994.40), (ii) Invoice #202, in the
amount of Eight Hundred Seventy-Four and 03/100 Dollars ($874.03), and (iii) Invoice #203, in the
amount of Seven Hundred Ninety-Seven and 07/100 Dollars ($797.07); said invoices being in the
aggregate amount of Two Thousand Six Hundred Sixty-Five and 50/100 Dollars ($2,665.50).
There was next presented a statement from Pansing Hogan Ernst & Bachman LLP, attorneys for
the District, for legal services performed through May 31, 2023, in the amount of Two Thousand Three
Hundred Forty-Three and 80/100 Dollars ($2,343.80), and costs advanced in the amount of Fifty-Five and
30/100 Dollars ($55.30); said statement being in the aggregate amount of Two Thousand Three Hundred
Ninety-Nine and 10/100 Dollars($2,399.10).
There were next presented statements from Omaha Public Power District, for Account No.
7027570510, from February 1, 2023, through June 2, 2023, in the aggregate amount of Nineteen Thousand
Three Hundred Eighty-Six and 80/100 Dollars ($19,386.80).
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.473 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant No. 6195 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 Construction Fund of the District and to draw interest at the rate of
seven percent (7%) per annum (interest to be payable on June 1 of each
year) and to be redeemed no later than June 29, 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. 6195, for the amount of Three Thousand Five
Hundred Twenty and 97/100 Dollars ($3,520.97), payable to UMB Bank,
N.A.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 473 of Douglas County, Nebraska, that the
Chairman and Clerk be and they hereby authorized and directed to
execute and deliver Warrant Nos. 6196 through 6215 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 29, 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. 6196 through 6205, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6206, for the
amount of One Thousand Eight Hundred Forty and no/100 Dollars
($1,840.00), payable to Royal Lawns Inc.
Warrant No. 6207, for the amount of One Thousand Tow Hundred
Fifty and no/100 Dollars ($1,250.00), payable to Royal Lawns Inc.
Warrant No. 6208, for the amount of Four Thousand Nine
Hundred Twenty-Nine and no/100 Dollars ($4,929.00), payable to TREKK
Design Group.
Warrant No. 6209, for the amount of One Hundred Ninety-Five
and no/100 Dollars($195.00), payable to Douglas County Engineer.
Warrant No. 6210, for the amount of Two Thousand Six Hundred
Sixty-Five and 50/100 Dollars ($2,665.50), payable to Lamp Rynearson.
Warrant No. 6211, for the amount of Two Thousand Three
Hundred Ninety-Nine and 10/100 Dollars ($2,399.10), payable to Pansing
Hogan Ernst&Bachman LLP.
Warrant Nos.- 6212 through 6214, each for theamount of Five-
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 6215, for the
amount of Four Thousand Three Hundred Eighty-Six and 80/100 Dollars
($4,386.80), payable to Omaha Public Power District, Account
#7027570510.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 473 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.473 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.473 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 Douglas County Treasurer representing a deposit to the
District's bond fund, refund of water main connections and pioneer contribution collected from Hanover Falls
Center, in the amount of Three Thousand Eight Hundred Eighty-Three and 14/100 Dollars ($3,883.14).
The next order of business was discussion regarding the mulch along the Ida Street fence. The
Trustees discussed there was no room for more mulch to be added but that the mulch in place was worn
and faded to the point where the area looked like it was bare dirt. There was some discussions about
whether different landscaping or even fence relocation was a viable solution. Ultimately, the Trustees
believed that the best resolution is to remove the existing mulch so new mulch can be added. Bryan
Kratky reported that he received complaints about areas that had not been swept.The Trustees identified
additional locations that required service. Lamp Rynearson and Associates was directed to contact Clean
Sweep Commercial, Inc. on behalf of the District and have the street sweeping finalized.
The next order of business was discussion regarding potential improvements to the park area.
The Trustees discussed that the District, as a part of its subdivision agreement, is required to install park
improvements in the outlot owned by the District near the school. It was suggested that there would be
significant interest from the residents in a number of pickleball courts as the sport is growing in popularity
and the demographics would seem to mesh those of the District residents. It was also discussed that a
picnic shelter of some kind would be used by residents and would enhance the community. Bryan Kratky
was directed to prepare an initial layout of improvements for consideration by the Trustees and,
potentially, circulation to other parties.
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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.
Lisa M. Juricek, as Clerk for Sanitary and Improvement District No.473 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 29, 2023, meeting.
Lis. .Juricek, lerk