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2023-07-11 SID 523 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO, 523 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 523 of Douglas County, Nebraska, was convened in open and public session at 3:30 p.m. on the 11th day of July, 2023 at 10250 Regency Circle, Suite 300, Omaha, Nebraska. Present were: Ronald E. Bucher, Mark Stokes, Craig D. Wilkins and Bernard J. Skar. Also present was John Q. Bachman, attorney for the District. Absent: None. Notice of the meeting was given in advance thereof by publication in The Daily Record on July 6, 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 meeting was called to order by the undersigned presiding as Chairman. 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. 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 Royal Lawns Inc. for Green Area Maintenance 2014 (Five Fountains) as follows: (i) Estimate No. 85 in the amount of Three Hundred Fifty and no/100 Dollars ($350.00); and (ii) Estimate No, 86 in the amount of Fifteen Thousand Two Hundred Twenty and no/100 Dollars ($15,220.00); said statements being in the aggregate amount of Fifteen Thousand Five Hundred Seventy and no/100 Dollars ($15,570.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Royal Lawns Inc. for outlot clean-up (fingers) as follows: (i) Invoice No. 1082 in the amount of Five Thousand Three Hundred Eighty-Six and no/100 Dollars ($5,386.00); (ii) Invoice No. 1083 in the amount of One Thousand Five Hundred Seventy-Two and 50/100 Dollars ($1,572.50); (iii) Invoice No. 1084 in the amount of Two Thousand Six Hundred Fifty and no/100 Dollars ($2,650.00); (iv) Invoice No. 1085 in the amount of Two Thousand Eight Hundred Thirty and no/100 Dollars ($2,830.00); (v) Invoice No. 1086 in the amount of Two Thousand Four Hundred Ninety-Two and 50/100 Dollars ($2,492.50); and (vi) Invoice No. 1087 in the amount of One Thousand Seven Hundred Fifty and no/100 Dollars ($1,750.00); said statements being in the aggregate amount of Sixteen Thousand Six Hundred Eighty-One and no/100 Dollars ($16,681.00). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Commercial Seeding Contractors for green area maintenance as follows: (i) Invoice No. 27704 in the amount of Two Thousand Seventy-Three and 75/100 Dollars ($2,073.75); and (ii) Invoice No, 28033 in the amount of Thirteen Thousand Three Hundred Twenty and no/100 Dollars ($13,320.00); said statements being in the aggregate amount of Fifteen Thousand Three Hundred Ninety-Three and 75/100 Dollars ($15,393.75). There was next presented correspondence from Lamp Rynearson, engineers for the District, presenting and recommending payment in favor of Clean Sweep Commercial Inc. Parking Lot Services for street sweeping throughout the District as follows: (i) for sweeping in 2022, Invoice No. 8237 in the amount of Six Hundred and no/100 Dollars ($600,00); and (ii) for sweeping in 2023, Invoice No. 8902 in the amount of Seven Hundred Fifty and no/100 Dollars ($750,00); said statements being in the aggregate amount of One Thousand Three Hundred Fifty and no/100 Dollars ($1,350.00). There was next presented a statement from Lutz & Company, PC, accountants for the District for preparation of IRS forms 1099 and 1096, Invoice No. 322189 in the amount of Three Hundred Thirty and no/100 Dollars ($330.00). There were next presented statements from Lamp Rynearson, engineers for the District for miscellaneous engineering services rendered as follows: (i) through February 11, 2023, Invoice No. 0104106.90-0000179 in the amount of Two Thousand Six Hundred Sixty-Six and 91/100 Dollars ($2,666,91); (ii) through March 11, 2023, Invoice No. 0104106.90-0000180 in the amount of Four Thousand Three Hundred Thirty-Five and 13/100 Dollars ($4,335.13); (iii) through April 15, 2023, Invoice No. 0104106.90-0000181 in the amount of Two Thousand Four Hundred Forty-Eight and 71/100 Dollars ($2,448.71); (iv) through May 13, 2023, Invoice No. 0104106.90-0000182 in the amount of Two Thousand Twenty-Two and 29/100 Dollars ($2,022.29); and (v) through June 17, 2023, Invoice No. 0104106.90- 0000183 in the amount of One Thousand Two Hundred Twelve and 19/100 Dollars ($1,212.19); said statements being in the aggregate amount of Twelve Thousand Six Hundred Eighty-Five and 23/100 Dollars ($12,685.23). There were next presented statements from Metropolitan Utilities District for service at the 18899 California Street location with respect to Account No. 110000016582 from January 25, 2023 through June 22, 2023; said statements being in the aggregate amount of One Hundred Thirty-One and 69/100 Dollars ($131.69). The Board directed advance payment in the amount of Two Thousand Five Hundred and no/100 Dollars ($2,500.00), There were next presented statements from Metropolitan Utilities District for service at the 18998 North HWS Cleveland Boulevard location with respect to Account No. 112000302268 from January 25, 2023 through June 22, 2023, indicating a credit balance in the amount of Four Hundred Thirty-One and 89/100 Dollars ($431.89), The Board directed advance payment in the amount of Two Thousand Five Hundred and no/100 Dollars ($2,500,00), There were next presented statements from Omaha Public Power District for general electric service at the 18900 California Street location from January 30, 2023 through June 28, 2023 with respect to Account No. 1975530721; said statements being in the aggregate amount of Seven Thousand Twenty-Two and 84/100 Dollars ($7,022,84). 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. 523 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 2828 through 2848 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 July 11, 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. 2828 through 2830, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2831, for the amount of Five Hundred Seventy and no/100 Dollars ($570.00), payable to Royal Lawns Inc., Est. 85, 86. Warrant Nos. 2832 through 2834, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2835, for the amount of One Thousand Six Hundred Eighty-One and no/100 Dollars ($1,681.00), payable to Royal Lawns Inc. Warrant No. 2836 through 2838, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No, 2839, for the amount of Three Hundred Ninety-Three and 75/100 Dollars ($393.75), payable to Commercial Seeding Contractors, Inv, 27704, 28033. Warrant No. 2840, for the amount of One Thousand Three Hundred Fifty and no/100 Dollars ($1,350.00), payable to Clean Sweep Commercial Inc. Parking Lot Services, Inv. 8237, 8902. Warrant No. 2841, for the amount of Three Hundred Thirty and no/100 Dollars ($330.00), payable to Lutz & Company, PC, Client No. 13170.1700. Warrant Nos. 2842 and 2843, each for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2844, for the amount of Two Thousand Six Hundred Eighty-Five and 23/100 Dollars ($2,685.23), payable to Lamp Rynearson, Inv. 0104106.90-179, 180, 181, 182, 183. Warrant No. 2845, for the amount of Two Thousand Five Hundred and no/100 Dollars ($2,500.00), payable to Metropolitan Utilities District, Acct. 110000016582, Warrant No. 2846, for the amount of Two Thousand Five Hundred and no/100 Dollars ($2,500.00), payable to Metropolitan Utilities District, Acct. 112000302268. Warrant No. 2847, for the amount of Five Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2848, for the amount of Two Thousand Twenty-Two and 84/100 Dollars ($2,022.84), payable to Omaha Public Power District, Acct. No, 1975530721. FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 523 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. 523 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 $5,000,000 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. 523 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. The Chairman next presented the proof of publication of the Notice to Contractors for the construction of the improvements entitled Paving Maintenance 2023 (Five Fountains). The Clerk then presented the list of bids and bidders for such work specified within the Notice to Contractors with such bids having been taken on April 20, 2023, in accordance with the provisions of such Notice to Contractors. The bids having been individually reviewed by Lamp Rynearson, the District's engineers, and upon completion of such review, the engineers have submitted their Letter of Recommendation which the Clerk was directed to attach along with a copy of the bid tabulations to these minutes. After the Trustees had received the Letter of Recommendation directed to the District, the Clerk reported that the recommendation of the engineers was the bid of DPS, LLC for Paving Maintenance 2023 (Five Fountains) in the amount of Fifty-Two Thousand Three Hundred Fifty-Seven and no/100 Dollars ($52,357.00) and that such amount be accepted. The Clerk reminded the Board that the Engineer's estimate of the construction cost of this project was Sixty-Eight Thousand Six Hundred Ninety-Five and no/100 Dollars ($68,695.00). The District's engineers then indicated that it was their opinion that the rebidding of such project would yield no more beneficial pricing to the District than that presented by the previously specified bid and again recommended acceptance of such bid. The Clerk further reported that the bid of DPS, LLC was accompanied by the required bid bond, contract and maintenance bond in the amount of 100% of the contract price. After considerable discussion by the Board, the following resolution was duly moved and seconded upon a roll call vote of the Trustees, Ronald E. Bucher, Mark Stokes, Craig D. Wilkins and Bernard J. Skar voted"Aye"with none voting "Nay"thereby adopting the following resolution: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 523 of Douglas County, Nebraska, that the bid of DPS, LLC in the total amount of$52,357.00 for the construction of Paving Maintenance 2023 (Five Fountains) be accepted and approved and that the Clerk and Chairman of the District be and they hereby are authorized and directed to execute the contract of DPS, LLC for and on behalf of the District. 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. Mark Stokes, as Clerk for Sanitary and Improvement District No. 523 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 July 11, 2023 meeting. Mark Stokes, Clerk