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2023-09-12 SID 580 Minutes MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 580 DOUGLAS COUNTY, NEBRASKA The Meeting of the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,was convened in open public session immediately following the budget hearing that began at 12:15 p.m.,on September 12,2023 at 1505 N.203rd Street,Elkhorn,Nebraska. Present were Marilyn Ellingson, Brandon Myers, Benjamin Bothwell, Kyle Crouch and Mathew Smith. Also present was James E. Lang, Counsel for the District and Kurt Kitson of D.A. Davidson &Co.,the District's underwriter. Notice of the meeting was given in advance thereof by publication in The Daily Record,of Omaha,Nebraska,on September 5,2023,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 of Meeting is attached to these minutes. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. 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 first item on the agenda was to approve the minutes of the August 22, 2023, District meeting. After a full discussion and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting "no", the following resolution was adopted: RESOLVED, that the minutes of the August 22, 2023, District meeting are hereby approved. The Chairman announced that this was the time and place to adopt the budget, a public meeting, on the proposed budget of the District which had previously been held. The Clerk presented Proof of Publication of Notice of this hearing and the budget summary,which was ordered. attached to these minutes. The Chairman stated that the Board should now vote on the proposed budget. After a full discussion, and upon a motion being duly made with everyone voting "aye" and no one voting "no", the following resolution was adopted: BE IT RESOLVED, that the proposed budget statement for this District which is set forth in full in the minutes of this meeting be and hereby is adopted as the budget of this District. BE IT FURTHER RESOLVED, that the Clerk be and hereby is authorized and directed to file copies of the adopted budget statement with the County Clerk of Douglas County, Nebraska, and with the auditor of Public Accounts of the State of Nebraska. The Chairman then stated that,the Budget for the District having been adopted, it would be appropriate at this time to levy a tax in accordance with the Budget Statement. After a full discussion, and upon a motion being duly made with everyone voting "aye" and no one voting "no", the following resolution was adopted: BE IT RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County, Nebraska, has given the proper five day published notice of the hearing on the proposed budget. 1. That a levy of.400000 cents to the General Fund, and .480000 cents to the Sinking Fund for each $100.00 of actual valuation shall be made upon all taxable property within the District, except intangible property, which levy totals $270,985.63 to the General Fund and$325,182.77 to the Sinking Fund,for a total levy and tax of .880000 cents for each $100 of actual valuation and $596,168.40 in property taxes. 2. That the Clerk of the District is hereby directed to certify said levy to the County Clerk of Douglas County,Nebraska, and to file a copy of such certification with the Auditor of Public Accounts of the State of Nebraska on or before September 30, 2023. BE IT RESOLVED FURTHER, that the Governing Body of the District, resolves that: 1. The 2023-2024 property tax request be set at $596,168.40. 2. The total assessed value of property differs from last year's total assessed value by 36%. 3. The tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be 0.648869 per $100 of assessed value. 4. SID 580 proposes to adopt a property tax request that will cause its tax rate to be .880000 per $100 of assessed value. 5. Based on the proposed property tax request and changes in other revenue, the total operating budget of SID 580 will exceed last year's by -35%. 6. A copy of this resolution be certified and forwarded to the County Clerk on or before October 15, 2023. The Chairman explained that the District was paying for 50%of the aerating and overseeding of the park in the amount of$2,551.29 to Mausbach Grounds. The work should be done this week. SID 559 will pay the other half. As to the condition of the streets,the streets appear to be in good condition. The only thing needed is to paint the speed tables in the spring. An update was provided on the Fort Street Improvements. The Improvements were moving along and hopefully would be done by the end of this year. The District's attorney reminded the Board that there is a District election on September 12, 2023. The Board then discussed other District matters. The Chairman stated that the Board should now issue warrants from the general fund of the District to pay the following: 1. Statement from The Daily Record in the amount of$103.20 for invoice numbers 155972 and 155973. 2. Statement from One Call Concepts, Inc. in the amount of $41.52 for invoice number 3080691. 3. Statement from Thompson, Dreessen & Dorner, Inc. in the amount of $4,975.00 for invoice numbers 158655 and 158699. 4. Statement from Lutz & Company PC in the amount of $3,250.00 for invoice number 335823. 5. Statement from Mausbach Grounds in the amount of $2,551.29 for invoice number 52171. 6. Statement from Lang Law LLC in the amount of$3,334.16 for invoice number 33966. 7. Reimbursement to D.A. Davidson & Co. in the amount of $285.11 (2% of$14,255.17) for warrant placement fee. After a full discussion and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting "no", the following resolution was adopted: RESOLVED,by the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,that the Chairman and Clerk be and hereby are authorized to execute and deliver the following warrants 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 7%per annum and to be redeemed no later than September 12, 2026: 1. WARRANT NO. 596 payable to The Daily Record in the amount of$103.20 for invoice numbers 155972 and 155973. 2. WARRANT NO. 597 payable to One Call Concepts, Inc. in the amount of$41.52 for invoice number 3080691. 3. WARRANT NO. 598 payable to Thompson, Dreessen & Dorner, Inc. in the amount of$4,975.00 for invoice numbers 158655 and 158699. 4. WARRANT NO. 599 payable to Lutz&Company PC in the amount of$3,250.00 for invoice number 335823. 5. WARRANT NO. 600 payable to Mausbach Grounds in the amount of$2,551.29 for invoice number 52171. 6. WARRANT NO. 601 payable to Lang Law LLC in the amount of$3,334.16 for invoice number 33966. 7. WARRANT NO. 602 payable to D.A. Davidson&Co. in the amount of$285.11 (2%of$14,255.17)for warrant placement fee. BE IT FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 580 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. BE IT FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 580 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. BE IT FURTHER RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 580 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) 10% of the net principal proceeds of the above Warrants,(b)the maximum annual debt service due on the above Warrants, or (c) 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 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 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 being no further business to come before the meeting, the same was adjourned. B andon My° s, Chairman Marilyn Ellingson, rk , Benjamin Bothwell, Trustee y e Crouch, Trustee M ew Sr / ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEARING The undersigned Trustees of Sanitary and Improvement District No.580 of Douglas County, Nebraska,hereby acknowledge receipt of advance notice of a meeting of the Board of Trustees of said District and the agenda for such meeting held at 12:15 p.m. at 1505 N. 203rd Street, Omaha, Nebraska. Dated this 12th day of September 2023. Brandon Myers hairman r Marilyn El ingson,cC erk Benjamin Bothwell, Trustee Ky rouch, Trustee Mathew Smith, CERTIFICATE STATE OF NEBRASKA ) ) COUNTY OF DOUGLAS ) ) SANITARY AND ) IMPROVEMENT ) DISTRICT NO. 580 ) I,the undersigned,Clerk for Sanitary and Improvement District No. 580 of Douglas County, Nebraska,hereby certify that all of the subjects included in the attached proceedings were contained in the agenda for the meeting of September 12, 2023, kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that the minutes of the Chairman and Board of Trustees of the District, from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body;that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting. IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of September 2023. wib,,,,,_6,„ a-PL.; KI-4.-) Marilyn Ellingsop, Clerk CERTIFICATE OF NOTICE STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) I hereby certify that I am the duly qualified and acting Clerk of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,and that not less than seven(7)days prior to the date set for this meeting of the Board of Trustees of this District, a notice was sent to the Clerk of Douglas County, Omaha, Nebraska, the municipality or county whose zoning jurisdiction this District is located, notifying said Clerk of this meeting. Dated this 12th day of September 2023. Marilyn Ellingson, C rk rJ CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 580 of Douglas County,Nebraska,(the"District")and hereby further certify as follows: 1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript (the "Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full, true and complete copy of said journal, records and files which are set out therein. 2. Advance notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advance notice for the Meeting,including notice of agenda subjects,was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advance notice of the times and places of such meetings and the subjects to be discussed. 3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting,which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting. 4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public,posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials,for which actions are shown in said proceedings,was made available for examination and copying by members of the public at the Meeting. 5. The minutes of the Meeting were in written form and available for public inspection within ten (10) working days after the Meeting or prior to the next convened meeting, whichever occurred earlier, at the office of the District; within thirty(30)days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located. 6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed, revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. 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RIB $ 4 rn 03• 0 0 \ sz mi.± Cr ct 03 et ƒ� � 2ID � � % .2 •\ \ 7 7 ® .41 k \ / ( / 0 3 i 0 ® o = ® Iti / ƒ k g / 2 X. % % ) - 0.4 *en t) ® .13 \ 4.\ \ - M 2 \ u u < / @ 7 ■ u J 2 ? d ƒ ƒ \ / ® / 2q A © a 4 H w « ) c § \ U O 0 \ 2 Zi H § CI m > k \ U ' c b E 2 7 j E \ / 2 I . \ 2 0 � 0k cf4 cad) m ° / 09 w E U » % V q ( 2 ƒ / G 2 © © \ a _ ( ° o U m J „ ƒ / / 4 \ \ / 7 Q ) \ E / CI 4.. 4 ; 0 k 7 0 § k & / a k / -. \ \ . . MINUTES OF SPECIAL MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 580 DOUGLAS COUNTY, NEBRASKA A special meeting of the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,was convened in open public session at 1505 N. 203rd Street,Elkhorn, Nebraska,at 12:00 p.m. on September 12,2023. Present were Brandon Myers,Marilyn Ellingson, Benjamin Bothwell, Kyle Crouch and Mathew Smith. Also present were James E. Lang,Counsel for the District and Kurt Kitson of D.A. Davidson& Co.,the District's underwriter. Notice of the meeting was given in advance thereof by publication in The Daily Record of Douglas County, Nebraska,on September 5,2023,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 of Meeting is attached to these minutes. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Clerk presented Proof of Publication of the Notice of Hearing and directed that it be attached to the minutes of this meeting. The Chairman then called the special meeting and hearing to order. The Clerk explained that the Board of Trustees was meeting for the purpose of receiving testimony to determine whether or not the District should adopt a property tax request for the 2023-2024 fiscal year different than the property tax request for the 2022-2023 fiscal year. The Chairman explained that the property tax request for the 2022-2023 fiscal year budget was$439,585.44 and based upon the 2022 property valuation of$49,952,890,the 2022-2023 fiscal year budget tax rate was .880000. The Chaiiuian explained that based upon the 2023 property tax valuation of $67,746,410, the property tax request for the 2022-2023 fiscal year budget of $439,585.44 would equal a property tax rate of.648869 needed to fund the 2022-2023 fiscal year property tax request based upon the property valuation for 2022. The Chairman explained that if the District did not adopt a resolution approving a tax request different than the prior year's tax request, then the District's tax request would be the same as the prior fiscal year. The Clerk stated that the District had published a notice of this special meeting setting forth this information. After a full discussion and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting "no", the following resolution was adopted: BE IT RESOLVED, by the Board of Trustees of Sanitary & Improvement District No. 580 of Douglas County,Nebraska,that the proper five days published notice of the special meeting and hearing to adopt a property tax request different than the prior year's tax request has been completed. BE IT FURTHER RESOLVED, that the Board of Trustees of Sanitary and Improvement District No. 580 hereby finds that it is in the best interest of the District to adopt a property tax request different than the prior year's tax request. BE IT FURTHER RESOLVED,that as a result of a majority of the governing body voting in favor of the above resolution that said resolution passes,and as a result,the District is authorized to set the levy for the fiscal tax year 2023-2024 in the amount of$270,985.63 in the General Fund which results in a General Fund tax levy of .400000 per $100 of actual valuation and $325,182.77 in the Bond (Sinking) Fund which results in a tax levy of.480000 per $100 of actual valuation in the Bond(Sinking)Fund, for a total levy and tax of .880000 for each $100 of actual valuation and $596,168.40 in property taxes which is an amount and levy different than the prior year's tax request. BE IT RESOLVED FURTHER,that the Governing Body of the District, resolves that: 1. The 2023-2024 property tax request be set at $596,168.40. 2. The total assessed value of property differs from last year's total assessed value by 36%. 3. The tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be 0.648869 per $100 of assessed value. 4. SID 580 proposes to adopt a property tax request that will cause its tax rate to be .880000 per$100 of assessed value. 5. Based on the proposed property tax request and changes in other revenue, the total operating budget of SID 580 will exceed last year's by -35%. 6. A copy of this resolution be certified and forwarded to the County Clerk on or before October 15, 2023. SANITARY& IMPROVEMENT DISTRICT NO. 580 OF DOUGLAS COUNTY,NEBRASKA By: Marilyn Ellingson, Clerk 2 MINUTES OF THE BUDGET MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 580 DOUGLAS COUNTY,NEBRASKA The budget meeting of the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,was convened in open public session at 1505 N.203`d Street,Elkhorn, Nebraska,at 12:15 p.m. on September 12,2023. Present were Brandon Myers,Marilyn Ellingson, Benjamin Bothwell,Kyle Crouch and Mathew Smith. Also present was James E.Lang,Counsel for the District and Kurt Kitson of D.A. Davidson & Co., the District's underwriter. Notice of the meeting was given in advance thereof by publication in The Daily Record,of Omaha,Nebraska,on September 5, 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 of Meeting is attached to these minutes. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Clerk presented Proof of Publication of the Notice of Hearing and directed that it be attached to the minutes of this meeting. The Chairman then called the budget hearing to order. The Chairman announced that more than 3 copies of the proposed budget is available at the meeting to the public. The Chairman then gave a presentation outlining the key provisions of the proposed budget including,but not limited to, a comparison with the prior year's budget. The Chairman explained that the property tax request for the 2022/2023 budget was $439,585.44, that the 2022 District valuation was $49,952,890, and that the tax rate for the fiscal year ending June 30, 2023 was .880000. The Chairman explained that the property tax request for the 2023/2024 fiscal year is $596,168.40, the 2023 valuation is $67,746,410, and the proposed tax levy is .880000. The Chairman explained that based upon the 2023 property tax valuation of$67,746,410,the property tax request for the 2022/2023 fiscal year budget of$596,168.40 would equal a property tax of .648869 needed to fund the 2022/2023 fiscal year property tax request based upon the property valuation of 2023. The Chairman then opened the matter up for public discussion and input. No one from the public,other than the trustees,appeared at the meeting to speak in support of or in opposition to the budget. Since there were no persons present to speak to the budget,the Chairman closed the budget meeting. Upon motion being duly made by Brandon Myers and seconded by Marilyn Ellingson, with all Trustees voting "aye" and no one voting"no", the meeting was then adjourned. Marilyn Ellingson, Clerk There being no further business to come before the meeting, the same was adjourned. Brandon My/ s, Chairman Marilyn Ellingson, C1rk Benjamin Boihwell, Trustee y Crouch, Trustee M ew S ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEARING The undersigned Trustees of Sanitary and Improvement District No.580 of Douglas County, Nebraska, hereby acknowledge receipt of advance notice of a meeting of the Board of Trustees of said District and the agenda for such meeting held at 12:15 p.m. at 1505 N. 203rd Street,Omaha, Nebraska. Dated this 12th day of September 2023. Brandon Myer` /Chairman Marilyn Ellingson, Cerk ram., Benjamin Bothwell, Trustee Ky rouch, Trustee Matliew Smithy E0 tv L•5 3 c O z. 0.4. N U. •1. C wCJ G,m L .y. ,t C -,, p W C O C I�--1 G V '� N Cp _.1 G N'J * 3 H . N > N = O iffir , 6 ,9 2 W W " r-a x^�o y e 2H 00 a " us and yzs o 3 0 a1 iC4 a W wp c o ld . m q _, I-4 {y ti ri, .p W' U m m •E o . 8- 1,14„ oo.� 6 ::W y o'T E ra O W Q O {il o p o " $Q a aai tj E-1 <C O F- & rx p U '--, P4 u7 U t.5 3 V a.9. to) A CaU N a o`�:o uW 3 m z W ¢ , 0 lu W a a u 0 3 F liViii! " N R =R5l t x IVI g a o I k 11/111 c)'4 ri t h if Of" x _ d li1- -ii �� a dg1u1 MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 580 DOUGLAS COUNTY, NEBRASKA The Meeting of the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County,Nebraska,was convened in open public session immediately following the budget hearing that began at 12:15 p.m.,on September 12,2023 at 1505 N. 203rd Street,Elkhorn,Nebraska. Present were Marilyn Ellingson, Brandon Myers, Benjamin Bothwell, Kyle Crouch and Mathew Smith. Also present was James E.Lang,Counsel for the District and Kurt Kitson of D.A.Davidson &Co.,the District's underwriter. Notice of the meeting was given in advance thereof by publication in The Daily Record,of Omaha,Nebraska,on September 5,2023,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 of Meeting is attached to these minutes. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. 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 first item on the agenda was to approve the minutes of the August 22, 2023, District meeting. After a full discussion and upon a motion being duly made and seconded, with everyone voting "aye" and no one voting "no", the following resolution was adopted: RESOLVED, that the minutes of the August 22, 2023, District meeting are hereby approved. The Chairman announced that this was the time and place to adopt the budget, a public meeting, on the proposed budget of the District which had previously been held. The Clerk presented Proof of Publication of Notice of this hearing and the budget summary,which was ordered attached to these minutes. The Chairman stated that the Board should now vote on the proposed budget. After a full discussion, and upon a motion being duly made with everyone voting "aye" and no one voting "no", the following resolution was adopted: BE IT RESOLVED, that the proposed budget statement for this District which is set forth in full in the minutes of this meeting be and hereby is adopted as the budget of this District. BE IT FURTHER RESOLVED, that the Clerk be and hereby is authorized and directed to file copies of the adopted budget statement with the County Clerk of Douglas County, Nebraska, and with the auditor of Public Accounts of the State of Nebraska. The Chairman then stated that,the Budget for the District having been adopted,it would be appropriate at this time to levy a tax in accordance with the Budget Statement. After a full discussion,and upon a motion being duly made with everyone voting"aye" and no one voting "no", the following resolution was adopted: BE IT RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 580 of Douglas County, Nebraska, has given the proper five day published notice of the hearing on the proposed budget. 1. That a levy of.400000 cents to the General Fund, and .480000 cents to the Sinking Fund for each$100.00 of actual valuation shall be made upon all taxable property within the District, except intangible property, which levy totals $270,985.63 to the General Fund and$325,182.77 to the Sinking Fund,for a total levy and tax of .880000 cents for each $100 of actual valuation and $596,168.40 in property taxes. 2. That the Clerk of the District is hereby directed to certify said levy to the County Clerk of Douglas County,Nebraska,and to file a copy of such certification with the Auditor of Public Accounts of the State of Nebraska on or before September 30, 2023. BE IT RESOLVED FURTHER, that the Governing Body of the District, resolves that: 1. The 2023-2024 property tax request be set at$596,168.40. 2. The total assessed value of property differs from last year's total assessed value by 36%. 3. The tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be 0.648869 per $100 of assessed value. 4. SID 580 proposes to adopt a property tax request that will cause its tax rate to be .880000 per$100 of assessed value. 5. Based on the proposed property tax request and changes in other revenue, the total operating budget of SID 580 will exceed last year's by -35%. 6. A copy of this resolution be certified and forwarded to the County Clerk on or before October 15, 2023. The Chairman explained that the District was paying for 50%of the aerating and overseeding of the park in the amount of$2,551.29 to Mausbach Grounds. The work should be done this week. SID 559 will pay the other half. There being no further business to come before the meeting,the same was adjourned. Bandon My s, Chairman Marilyn Ellingson, rk t Benjamin Bothwell, Trustee y Crouch, Trustee M ew S ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEARING The undersigned Trustees of Sanitary and Improvement District No.580 of Douglas County, Nebraska, hereby acknowledge receipt of advance notice of a meeting of the Board of Trustees of said District and the agenda for such meeting held at 12:15 p.m. at 1505 N. 203`d Street, Omaha, Nebraska. Dated this 12th day of September 2023. • Brandon Myers,. hairman VThtt.t,„-Q-9. 1 6,U krr) Marilyn El_ingsonkgerk Benjamin Bothwell, Trustee Kyl rouch, Trustee Matliew Smith,�%� SANITARY AND IMPROVEMENT DISTRICT NO. 580 OF DOUGLAS COUNTY,NEBRASKA AGENDA September 12, 2023 Immediately following Budget Hearing The following items are the matters which are to be brought before the Board of Trustees of the above District at the meeting: 1. Approve minutes of meeting of August 22, 2023. 2. Conduct budget hearing; adopt budget. 3. Update on aerating and overseeding of the park. 4. Update on the condition of streets. 5. Update on Fort Street Improvements. 6. District election. 7. Payment of Bills and Invoices: a. The Daily Record—(G) 103.20 b. One Call Concepts, Inc. —(G) 41.52 c. Thompson, Dreessen& Dorner, Inc. —(G) 4,975.00 d. Lutz& Company PC—(G) 3,250.00 e. Mausbach Grounds—(G) 2,551.29 f. Lang Law LLC—(G) 3,334.16 g. D.A. Davidson& Co.—(G) (2% of$14,255.17) 285.11 8. General District business. 9. Additional matters brought before the Board of Trustees. Marilyn Ellingson, Clerk THIS IS YOUR INVOICE THE DAILY RECORD Invoice No. 155972 222 South 72nd Street, Suite 302 65.04 Omaha, Nebraska 68114 (402) 345-1303 Legal Advertisement(s) SID #580 NOTICE OF BUDGET HEARING & BUDGET SUMMARY 9/5/2023 Date LANG LAW LLC BARB RUSSO 8526 F STREET OMAHA NE 68127 TERMS: DUE ar, PAYABLE UPON RECEIPT - PLEASE DETACH AND MAIL WITH YOUR CHECK Win MO MS MO NM Ina intt Ma Sus Me VIM MO WM MR ligft MK gelia 1006 Mt NW Me 111121 UM OM Mu WM WE Nos an Ma Wm Ma tital WM PM tic= 694% COURTESY PROOF FOR PRIVATE FILES ONLY LANG LAW LLC 8526 F Street Omaha,Nebraska 68127 The attached legal advertisement SANITARY AND IMPROVEMENT DISTRICT NO,580 appeared in THE DAILY RECORD, as IN DOUGLAS COUNTY,NEBRASKA per your request, on the date as indicated . -----ranicrurtrurramfrATTN6 AND BUUGE r supiwrtarr----' on the bottom line of your published I NOfit.li isteeity gediti, tonsdhainat ssitii the provisions ef Stele Stetiiie Sucher& 3 501 notice. oli3A Poch, stsil thoei on the 12th day of SeotembeA 2073,at 12:15 p,m,, at 1505 N. 703rd Street, Ornahha, NE, he ine of hearted thiididi ouisteite5t OTIOC“qh, tO,cgthShh,0S ohsa0tthoosItthhhh,;?ha thtt-;, pf,thohtt Ifthtrt are any corrections or alterations Th:,? crvallat*''t tn"' I Eirsinitio, to be made,kindly notify us at once. If we hr -2cd2t zArsrment5 Transfr,5 133)51100 do not hear from you, we will consider 2022-2023 Acted Disbursements&ilareJars 908,371 00 2023-2024 Pr:di:used Budget of Iiiisiiiiinisteniiinte:$Tfantifets 598,565.00 the auached publication as being correct. 2023-2024 Net:into-try Cash Peuerve 217721,83 2023-2024 Total Resoorm;Avaiable 816,3818'3 Total 2023-2024 PetSOnal&R.*nl I op rty Tax Recrement $ 596168.40 (402) 345-1303tso.,/dtItidget.Auttiontif Created For Next Year S 252,820337 Breakdown of Property Tax: Nrsonal and Petiii Property Tax Requiri for Non-Bond Purry)r,es 270,fintitia3 The cost of this advertisement is iknsurielarid Real Property Tax Required for FiWids S 325,18277 65.04 PUBLIC NOTICE iii intriiideette with the'plovtiont;0! t>ti!te St3tuttt Sthhhtth 77- 1632,that the gossu nine body will ITIOR on the 12th day of September 2023,at 12:00 o'clock p.m.,at 1505 N. 203rd Street,Omaha,NE fiir the purpose of hearing support,opposition, traatisdh,s,a or diasianitirtionsoftoxpayersrlating ItSettirig the hnai tax request, Make checks payable to 2022 2023 Change Operating f",i;j-g,:11, 977,692,00 598,665.00 -35% Property'Pa Request 3 439,585,44 S 596,168,40 Valuatron 40,957,890 67,746,410 TEIE DA 11,Y R 005 ECORD 'Pa Rate "Tax Pale ir Prior Tax Request wax at Current Va[hation (C14482689° °.888°M 222 South 72nd Street, Suite 302 95 1162 Omaha,Nebraska 68114 THANK YOU - WE APPRECIATE YOUR BUSINESS www.omahadailyrecord.coni THIS IS YOUR INVOICE THE DAILY RECORD Invoice No. 155973 222 South 72nd Street, Suite 302 38.16 Omaha, Nebraska 68114 (402) 345-1303 Legal Advertisement(s) SID #580 NOTICE OF REG MTG - 9/12/23 9/5/2023 Date LANG LAW LLC BARB RUSSO 8526 F STREET OMAHA NE 68127 TERMS: DUE & PAYABLE UPON RECEIPT - PLEASE DETACH AND MAIL WITH YOUR CHECK COURTESY PROOF FOR PRIVATE FILES ONLY LANG LAW LLC 8526 F Street 'I he attached legal advertisement Omaha,Nebraska 68127 appeared in THE DAILY RECORD, as NOTICE OF MEETING OF per your request, on the date as indicated SANITARY AND IMPROVEMENT DISTRICT NO,580 OF DOUGLAS COUNTY,NEBRASKA on the bottom line of },our published , ; _ .TAS. JWDIEISka,mil be nekl on September 12,2023,at 1505'N.5kr .11LN(0,at a rl:e=1,ng cf the Board Trustr,,of Sanit,ry notice. 203rd Street,Elkhorn,NE„which meeting will be open to the public and will commenc vi,nmexdiamtelly upon adjournment of the preceding budget hearing,which budget hearing If t here are an corrections or alterations tc.stirne, to be made,kindly notify us at once. It s I curiew, en,m.mg piaa, do not hear from you, we will consider acloOtw cf 7,11e the attached publication as being correct. E 7:NE2 (402) 345-1303 The cost of this advertisement is 38.16 Make checks payable to THE DAILY RECORD 222 South 72nd Street, Suite 302 Omaha, Nebraska 68114 THANK YOU - WE APPRECIATE YOUR BUSINESS www.omahadailyrecord.com One Call Concepts, Inc. 7223 Parkway Dr. Suite 210 Hanover, MD 21076 Invoice No. 3080691 (410) 712-0082 Invoice Date 08/31/2023 Billing Period August CDC SID580 Account# 04-SID580 PO # SID 580 INDIAN POINTE II JIM LANG 8526 F ST OMAHA, NE 68127 Current Costs associated with your participation in Nebraska 811 Description Amount Regular Locate Fee: 50 Locates at$1.03 $51.50 ITIC Tickets Discount:46 at$0.38 ($17.48) Administrative Fee: 50 at$0.15 $7.50 TOTAL: $41.52 Terminal Tickets Terminal Tickets Terminal Tickets Terminal Tickets Terminal Tickets SID580 50 We are now accepting&Checks, VISA, MasterCard/Discover payments. Please go to www.occinc.com for more information. If you would like to pay by ACH/EFT. please email Melissa Jackson at melissajackson@occinc.com. REMITTANCE COPY Company Name: SID 580 INDIAN POINTE II Account Number: 04-SID580 CDC: SID580 Invoice Number: 3080691 Invoice Date: 08/31/2023 Amount Due: $41.52 Make Check Payable to: One Call Concepts, Inc. 7223 Parkway Drive, Suite 210 Hanover, MD 21076 Thompson, Dreessen & Dorner, Inc. INVOICE Consulting Engineers & Land Surveyors Please remit to: engineering TD2 Nebraska Office TD2 South Dakota Office & surveying 10836 Old Mill Road;Omaha,NE 68154 5000 S.Minnesota Ave.,Unit 312;Sioux Falls,SD 57108 Office:402/330-8860 Fax:402/330-5866 Office:605/951-0886 SID#580(INDIAN POINTE SECTION 4) Invoice number 158655 MR.JAMES LANG Date 08/21/2023 LANG LAW LLC 8526 F STREET Project 2092-900 SID#580(INDIAN POINTE OMAHA, NE 68127 SECTION 4)ONE CALL MEMBER AGREEMENT Professional Services from July 1,2023 through July 31,2023 Current Description Billed One Call Services 1,896.00 70- Responses 1,750.00 3 - Refresh tickets 15.00 4 - Locates 131.00 Total 1,896.00 Invoice total 1,896.00 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 157748 06/27/2023 2,357.10 2,357.10 157912 07/10/2023 1,518.50 1,518.50 158655 08/21/2023 1,896.00 1,896.00 Total 5,771.60 1,896.00 3,875.60 0.00 0.00 0.00 Terms Net 30 Days.A Finance Charge of 1 1/2%Per Month(18%perAnnum) Will Be Charged on Past Due Accounts.Also Liable for all Legal and Collection Fees. Invoices not paid within 90 days of the invoice date will be subject to possible lien filings. SID#580(INDIAN POINTE SECTION 4) Invoice number 158655 Invoice date 08/21/2023 Paae 1 Thompson, Dreessen & Dorner, Inc. INVOICE mita m Consulting Engineers & Land Surveyors 1 Please remit to: engineering TD2 Nebraska Office TD2 South Dakota Office & surveying 10836 Old Mill Road;Omaha,NE 68154 5000 S.Minnesota Ave.,Unit 312;Sioux Falls,SD 57108 Office:402/330-8860 Fax:402/330-5866 Office:605/951-0886 SID#580(INDIAN POINTE SECTION 4) Invoice number 158699 MR. JAMES LANG Date 08/22/2023 LANG LAW LLC 8526 F STREET Project 2092-105 SID#580(INDIAN POINTE II) OMAHA, NE 68127 MISCELLANEOUS SERVICES Professional Services from June 26, 2023 through August 13,2023 Current Description Billed Construction Staking 0.00 Civil Engineering Services 450.00 Construction Observation 0.00 Erosion Control Monitoring and Reporting Services 2,629.00 Total 3,079.00 Invoice total 3,079.00 Aging Summary Invoice Number Invoice Date Outstanding Current Over 30 Over 60 Over 90 Over 120 157952 07/11/2023 2,022.45 2,022.45 158699 08/22/2023 3,079.00 3,079.00 Total 5,101.45 3,079.00 2,022.45 0.00 0.00 0.00 Terms Net 30 Days.A Finance Charge of 1 1/2%Per Month(18%perAnnum) Will Be Charged on Past Due Accounts.Also Liable for all Legal and Collection Fees. Invoices not paid within 90 days of the invoice date will be subject to possible lien filings. SID#580(INDIAN POINTE SECTION 4) Invoice number 158699 Invoice date 08/22/2023 Page 1 HATMA Lan Law Sanitary Imp. District #580 Indian Pointe II 8526 F St Omaha, NE 68127 Invoice No. 335823 Date 08/31/2023 Client No. 24926.1700 Sanitary Imp. District#580 Indian Pointe II Please include Client No. with payment Pay Online at www.lutz.us/pay For Professional Services Rendered: Completion of annual budget document for 2023-24 and progress bill related to audited financial statements. Current Amount Due $ _ 3,250.00 ACCOUNTWG FANANCiAL - TECH ,r3C&A Uct,,ENT CALIEOPNIA ST`RECC SUITE 303, rj AH f.,52,15/-5 : 36 AtC,3 496 83:.)0 CH ' (cc' J -r, Mausbach Grounds Estimate 3630 S 61st Ave Cir Omaha,Ne 68106 Date Estimate# I 9/5/23 52171 Name/Address 'Indian Pointe SID #580 Project C i Description Qty Rate Total I INDIAN POINTE NEIGHBORHOOD PARK AERATE AND OVER SEED !SID 580 Aerate 3.5 150.001 525.00T Over seed with Heatwave fesque 437.5 4.25 1,859.38T i o i i 1 3 1 ? 11 f 1 3 3 I i t } Subtotal $2,384.38 Sales Tax (7.0%) $166.91 Total $2,551.29 LANG LAW LLC ATTORNEYS AT LAW 8526 F STREET OMAHA, NE 68127 (402) 330-1900 SANITARY & IMPROVEMENT DISTRICT #580 DOUGLAS COUNTY, NEBRASKA 1505 NORTH 203RD STREET ELKHORN, NE 68022 September 5, 2023 Invoice #33966 In Reference To: SID 580 Hours Amount 8/1/2023 Telephone call with underwriter; Review minutes and warrant list; 1.00 $285.00 Report back to underwriter on future construction fund expenditures 8/3/2023 Work with assistant in providing agreements to new accountant 1.00 $285.00 Work on notice of meeting and email to Daily Record 0.40 $30.00 8/14/2023 Work on agenda and email trustees regarding meeting 0.50 $37.50 8/15/2023 Draft agenda; review financial matters for pre-budget meeting; phone 1.70 $484.50 conference with John Kuehl on bond issue; work on current matters Work on letter to clerks regarding meeting; revise agenda and email to 0.60 $45.00 trustees 8/21/2023 Prepare for meeting 1.00 $285.00 Prepare warrants and signature pages for meeting 0.80 $60.00 8/22/2023 Prepare for and attend District meeting; Draft minutes; Work on budget 2.70 $769.50 matters Work on minutes of meeting; redo warrants and agenda; email trustees 1.00 $75.00 SANITARY & IMPROVEMENT DISTRICT#580 9/5/2023 2 SID 580 Hours Amount 8/24/2023 Review accountant proposal and disclosure information 0.60 $171.00 Emails to board; revise minutes; prepare and send out additional 0.50 $37.50 warrants 8/25/2023 Work on budget hearing notice and notice of meeting 0.40 $30.00 8/28/2023 Conference with accountant; work on budget items 2.00 $570.00 Revise budget notice and email to Daily Record; process minutes and 0.70 $52.50 warrants to clerks and underwriter For professional services rendered 14.90 $3,217.50 Additional Charges : 8/22/2023 Jimmy John's 115.13 8/31/2023 Postage 1.53 Total additional charges $116.66 Total amount of this bill $3,334.16 Previous balance $3,522.98 Balance due $6,857.14