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2023-09-05 SID 591 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 591 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. IN WITNESS WHEREOF,we have hereunto affixed our official signatures this 5t'day of September 2023. Gerald L.Torczon, Chairperson �•��/ ��/tl/: __r _ -"f Doris Nicholson, C lerk - 2 SANITARY IMPROVEMENT DISTRICT NO. 591 OF DOUGLAS COUNTY, NEBRASKA BOARD OF TRUSTEES MEETING September 5, 2023 MINUTES PRESENT: Gerald L. Torczon, Doris Nicholson,John Torczon and Jeff Torczon ABSENT: Mary Jayne Throener LOCATION: BHI Development, 11205 S. 150th Street, Suite 100, Omaha,Nebraska TIME: Immediately upon adjournment of the budget hearing which began at 1:30 p.m. Notice was given in advance thereof by publication in the Omaha Daily Record, a designated method for giving notice on August 30, 2023, a copy of the Proof of Publication being attached to these minutes. Notice of this meeting was 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 of 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 Clerk then 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 Chairperson directed the Board's attention to the 2023-2024 budget and advised that the public hearing had been held on the requested budget and all attendees had been allowed the opportunity to voice their support, opposition, criticism, suggestions and observations to the same. He noted that the proposed budget required property taxes for the general fund of$225,791.28, and that the proposed budget reflects the permitted increase of 2.5% in the base of restricted funds. After some discussion, the Chairperson inquired as to the pleasure of the Board. Thereupon, the following resolutions were duly moved by Jeff Torczon and seconded by Doris Nicholson,to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 591 of Douglas County,Nebraska, as follows: THAT the Board does herewith approve and adopt an increase of up to 2.5%in the base of restricted funds over last year's budget. BE IT FURTHER RESOLVED that the attached budget is hereby adopted, exactly as proposed; that the 2023-2024 dollar requirement totaling $225,791.28 is hereby established, said sum to be credited to the District's general fund account, such budget requiring a total levy of .88000 dollars per $100 of valuation. 1 There being no further discussion on the foregoing resolutions, on roll call vote thereon,the following Trustees voted aye: Gerald L. Torczon,Doris Nicholson,Jeff Torczon and John Torczon Voting nay: none. The Chairperson then declared the resolutions to be duly carried and adopted. The Chairperson then presented the Board with a proposal submitted by the District's engineer regarding fees required to be paid to the City of Omaha for Phase 2 pursuant to the subdivision agreement including plan review fees. Trustee Gerald L. Torczon then offered the following Resolution of Necessity for fees due to the City of Omaha and moved that it be proposed for adoption: RESOLUTION FOR NECESSITY BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No. 591 of Douglas County,Nebraska find and determine that it is advisable and necessary for the District to enter into a Subdivision Agreement with the City of Omaha with payment of the fees required therein including Park&Plan Review Fees in the total amount of$50,620.00 to the City of Omaha. The outer boundaries of the areas which may become subject to special assessment for said improvements are proposed to be the same as the outer boundaries of Sanitary and Improvement District No. 591 of Douglas County,Nebraska. Said Agreement has been reviewed by Lamp Rynearson, engineers employed by the District and said engineers have filed with the Clerk of the District, prior to the first publication of this Resolution,an estimate of the total costs of said improvements, including engineering fees, legal fees, fiscal fees,interest and other miscellaneous costs,which estimate is in the sum of$56,600.00. To pay the cost of said improvements the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted; said bonds to be called "Sanitary and Improvement District Bonds" and shall be payable and bear interest as provided by the Statutes of the State of Nebraska. The Board of Trustees shall assess to the extent of special benefits, the cost of such improvements upon properties specially benefitted thereby. All special assessments which may be levied upon the properties specially benefitted by such improvements shall, when collected, be set aside and constitute a sinking fund for the payment of interest and principal of said bonds. The District shall also cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property,which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money. Trustee Doris Nicholson seconded the motion and on roll call the following voted in favor of the same: Gerald L. Torczon,Doris Nicholson, John Torczon and Jeff Torczon The following voted NAY: None. Thereupon, the Chairperson declared the motion carried and said resolution was passed and adopted. Trustee Jeff Torczon then offered the following resolution and moved its adoption: BE IT FURTHER RESOLVED that a hearing be had upon the proposed Resolution of Necessity at BHI Development, Inc., 11205 S. 150ti' Street, Suite 100, Omaha,Nebraska on September 21, 2023, at 2 the hour of 3:00 p.m., at which time the owners of property in the District which might become subject to assessments for the special improvements contemplated by the proposed Resolution of Necessity may appear and make objections to the proposed improvements and if a Petition opposing the resolution signed by the property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements set out in the Resolution of Necessity is filed with the Clerk of the District before three days before the date of the meeting for the hearing on said resolution, such resolution shall not be passed. At said meeting,the resolution may be amended or passed as proposed. BE IT FURTHER RESOLVED that notice of said hearing be given by publication in the Omaha Daily Record, a legal newspaper of general circulation in Douglas County, Nebraska, for two consecutive weeks, and that the notice be posted in three conspicuous places in the District as required by Section 31- 745, Reissue Revised Statutes of Nebraska, 1943. Trustee John Torczon seconded the motion and on roll call the following voted in favor of same: Gerald L. Torczon, Doris Nicholson,John Torczon and Jeff Torczon The following voted against the same: None. Thereupon, the Chairperson declared the motion carried and said resolution was passed and adopted. The Clerk advised that advised that there were no current outstanding invoices for the District to pay. There being no further business to come before the Board,the meeting was adjourned. l� n , /'� Gerald L. Torczon, Chairperson Doris Nicholson, Clerk 3 • H.JF-SID#591 NOTICE OF BUDGET HEARING&BUDGET SUMMARY ADAMSSULLIVAN,P.C.,LLO. 1246 &o THE DAILY RECORD Golden Gate ate Dr.,Suite1 Papllllon,Nebraska 68046 SANITARY AND IMPROVEMENT OF OMAHA DISTRICT A 591 IN DOUGLAS COUNTY,NEBRASKA JASON W.HUFF,Publisher sot 3-51N�thatTICE ls hereby given,theggovem gbondy�wilt tonth Sthdo;x tem;September 13- PROOF OF PUBLICATION o'clock p.m.,at BHI Development,11205 S.150th Street,Suite 100,Omaha,Nebraska for the purpose of hearing support,opposition,criticism,suggestions or observations of tax delating to the following proposed budget.The budget detail Is available at the office of the perk UNITED STATES OF AMERICA, uring regular business boors. The State of Nebraska, Doris • oOerA(Ssecretary District of Nebraska, } sa. 2021-2022 Actual Disbursements&Transfers $ 2,405,419.00 County of Douglas, 2022-2023 Actual Disbursements&Transfers $ - 6,192,170.00 2023-2021 Proposed Budget of Disbursements&Transfers $ 2,120,160.00 City of Omaha 2023-2029 Necessary Cash Reserve $ 461,292.00 2023-2024 Total Resources Available $ 2,581,410.00 Total 2023-2024 Personal&Real Property Tax Requirement $ 225,791.28 Unused Budget Authority Created For Next Year $ N/A Breakdown of Property Tax: JASON W. HUFF and/or JOSIE CHARRON, beingsworn, Personal and Real Property Tax Required for Non-Bond Purposes $ 225,791.2E duly Personal and Real Property Tax Required for Bonds $ -0- deposes and say that they are the PUBLISHER and/or MANAGING EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, PUBLIC NOTICE Is hereby given,In compliance withthe provisions or stetestatute seedon 77- printed and published daily in the English language,having a bona fide 1601.02,that the governing body will meet immediately upon adjournment of the preceding budget hearing and general meeting which will begin at 1:30p.m.on the Sth day or September 2023 paid circulation in Douglas County in excess of 300 copies,and general at BHT Development,11I05 S.150th Street,Suite 100,Omaha,Nebraska and continue p until all attendeets)testimony has concluded,for the purpose of hearng support,opposition, circulation in Sarpy,Lancaster,Cass and Dodge Counties,printed in cdtlosm,suggestions or observations of taxpayers relating to setting the final tax request at a Omaha, in said County of Douglas,Nebraska for more than fifty-two different amount than the prior year tax request 2022 2023 Change weeks last past;that the printed notice here-to attached was published in Operating Budget $9,290,600.00$2,120,168.00 -51% THE DAILY RECORD,of Omaha,for 1 consecutive weeks on: RoProperty Tax Request $129,323.92 $225,791.28 75% Valuation VaRate $14,695,900 $25,658,100 75% Tax Rate if Prior Tax Request was at 0 'B800 0 0 0'880000 0% 8/30/23 Current Valuation 0504028 8/30 ZN62 That said Newspaper during that time was regularly published and in general circulation in the County of Douglas,and State of Nebraska. ,4 GENERAL NOTARY-Stale of Nebraska ql y NICOLE p. PALMER °� My Comm.Fxp"Am„. .October 1,20�2,5,/ I /, Publisher's Fee $74.00 CO 7 --- Subscribed in my presence and sworn to before Additional Copies $ me this AUGUST 30 2023 Filing Foe $ Total$74.00 (Li ThWOi Not Public in and for Doug as County,State of Nebraska ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No. 591 of Douglas County, Nebraska, hereby acknowledge receipt of advanced notice of a meeting of the Board of Trustees of said district and the agenda for such meeting held immediately upon adjournment of the budget hearing and general meeting which began at 1:30 p.m. on September 5, 2023, at BHI Development, 11205 S. 150th Street, Suite 100, Omaha, Nebraska. Dated this 5th day of September 2023. Gerald L. Torczon Doris Nicholson �Jolin Torczon r/ Jeffon �� Mary Jayne Throener LAMP RYNEARSON VIA Email 14710 W. Dodge Rd.,Ste. 100 July 11,2023 Omaha,NE 68154 [P]402.496.2498 [F]402.496.2730 LampRynearson.com Chairman and Board of Trustees Sanitary and Improvement District No.591 of Douglas County,Nebraska c/o Mr.John Bachman,Attorney Pansing,Hogan,Ernst&Bachman, LLP 10250 Regency Circle,Suite 300 Omaha,NE 68114 REFERENCE: S.I.D.No.591 (Chestnut Hills) Community Park Review Fee—Lots 107-252 Job No.0117042.02-003 Dear Members of the Board: This is to advise you we have reviewed the Community Park Review Fee to the City of Omaha. We find this cost to be a reasonable and necessary expense of the District per the Subdivision Agreement. We recommend payment of $19,320.00. The following is our estimate of the total cost which the District might be expected to incur for this cost: Amount to be paid to City of Omaha for Community Park Review Fee $19,320.00 Estimated Engineering,Miscellaneous,Legal, Publication,Financing and Interest Costs $2,080.00 TOTAL ESTIMATED PROJECT COST $21,400.00 Please forward payment directly to City of Omaha. Please call if you have any questions. Sincerely, LAMP RYNEARSON Randy uszak,P.E. Senior Project Manager Enclosure c: Jerry Torczon kmp\L:\Engineering\0117042 Chestnut Hills\ADMIN\LTR Bachman PH 2 Park Review Fee 230711.docx S2021 City of Omaha Date: 10-JUL-23 Page 1 of 1 Remit To : 1819 Farnam St. Billing Div. City of Omaha Cashier Omaha NE 68183 RM H10 Contact : (402)444-5453 1819 Farnam St. Omaha NE 68183 Bill To : Ship To : PANSING, HOGAN, ERNST& BACHMAN 10250 REGENCY CIR#300 OMAHA NE 68114 Customer Number : 35351 Invoice Number : 233989 Terms : 30 NET Transaction Type : PUBLIC WORKS Total due : $ 50,620.00 PLEASE RETURN TOP PORTION WITH REMITTANCE Item Item Qty Unit Extended No Description Invoiced Price Price 1 COMMUNITY PARK PLATTING FEE-SID 591 OF DOUGLAS 1 19320.00 19320.00 COUNTY FOR CHESTNUT HELLS,LOTS 107-252 AND OUTLOTS D-H 2 1%ADMIN FEE 1 31300.00 31300.00 SPECIAL INSTRUCTIONS DUE DATE TOTAL DUE Invoice Number: 233989 09-AUG-23 $50,620.00 LAMP RYNEARSON VIA Email 14710 W.Dodge Rd.,Ste.100 July 11,2023 Omaha,NE 68154 [P]402.496.2498 [F]402.496.2730 LampRynearson.com Chairman and Board of Trustees Sanitary and Improvement District No.591 of Douglas County,Nebraska c/o Mr.John Bachman,Attorney Pansing,Hogan,Ernst&Bachman,LLP 10250 Regency Circle,Suite 300 Omaha,NE 68114 REFERENCE: S.I.D.No.591 (Chestnut Hills) Plan Review Fee—Lots 107-252 Job No.0117042.02-003 Dear Members of the Board: This is to advise you we have reviewed the Plan Review Fee to the City of Omaha. We find this cost to be a reasonable and necessary expense of the District per the Subdivision Agreement. We recommend payment of$31,300.00. The following is our estimate of the total cost which the District might be expected to incur for this cost: Amount to be paid to City of Omaha for Plan Review Fee $31,300.00 Estimated Engineering,Miscellaneous,Legal,Publication,Financing and Interest Costs $3,900.00 TOTAL ESTIMATED PROJECT COST $35,200.00 Please forward payment directly to City of Omaha.Please call if you have any questions. Sincerely, LAMP RYNEARSON Randy . uszak,P.E. Senior Project Manager c: Jerry Torczon kmp\L:\Engineering\0117042 Chestnut Hills\ADMIN\LTR Bachman PH 2 Plan Review Fees 230711.docx i l . If ' Legacy City of Omaha Date: 10-JUL-23 Page 1 of 1 Remit To : 1819 Farnam St. Billing Div. City of Omaha Cashier Omaha NE 68183 RM H10 Contact : (402) 444-5453 1819 Farnam St. Omaha NE 68183 Bill To : Ship To : PANSING, HOGAN, ERNST& BACHMAN 10250 REGENCY CIR#300 OMAHA NE 68114 Customer Number : 35351 Invoice Number : 233989 Terms : 30 NET Transaction Type : PUBLIC WORKS Total due : $ 50,620.00 PLEASE RETURN TOP PORTION WITH REMITTANCE Item Item Qty Unit Extended No Description Invoiced Price Price 1 COMMUNITY PARK PLATTING FEE-SID 591 OF DOUGLAS 1 19320.00 19320.00 COUNTY FOR CHESTNUT HILLS,LOTS 107-252 AND OUTLOTS D-H 2 I%ADMIN FEE 1 31300.00 31300.00 SPECIAL INSTRUCTIONS DUE DATE TOTAL DUE Invoice Number: 233989 09-AUG-23 $50,620.00 City of Omaha Cashier