2023-10-12 SID 572 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 572
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 572 of Douglas
County, Nebraska, was convened in open and public session at 9:00 a.m. on the 12th day of October, 2023,
at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Carri Czyz, Clint Poppe, Jr., Branden Strahm. Also present: James D. Buser,
attorney for the District, Brittney Manthie of Bluestem Capital Partners, municipal advisor for the District, and
Justin Wojtkiewicz of E &A Consulting Group, Inc., engineers for the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 28 and October 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 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. 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 in the room where the meeting was being held.
Counsel for the District first presented the Certificate of Results of the Election from the Douglas
County Election Commissioner with respect to the District's election of September 12, 2023. Such
certificate indicated that Carri Czyz, Clint Poppe, Jr., Branden Strahm had been elected to serve for a two
(2) year term for the Board. It was indicated that each of such individuals were owners or designees of
owners of real estate within the District boundaries (as defined by Section 31-727(3) Reissue Rev. Stat. of
Neb. 1943) and, as a consequence, qualified to serve in such capacity. Each individual being in attendance
at the meeting indicated a willingness to accept the position of Trustee on the Board.
Discussion was next had with respect to the outstanding matters of the District and the powers and
responsibilities of the Board in general. Discussion was also had concerning the fact that only three (3)
Trustees were elected. Since the "All Property Owners" ballot did not elect anyone out of the two (2)
allotted, the Board discussed recruiting two (2) more individuals to serve on the Board.
Discussion was also had with respect to the powers and responsibilities of the positions of
Chairman and Clerk of the District. Upon conclusion of all discussions concerning the election, the following
roll call vote was taken during which the Trustees, Carri Czyz, Clint Poppe, Jr., Branden Strahm voting
"Aye", with none voting "Nay", thereby adopting and approving the following resolution:
RESOLVED, that Carri Czyz be hereby elected to serve in the capacity of
Chair for Sanitary and Improvement District No. 572 of Douglas County,
Nebraska, until the next regularly scheduled election of the Board of
Trustees.
FURTHER RESOLVED, that Clint Poppe, Jr., be hereby elected to serve
in the capacity of Clerk for Sanitary and Improvement District No. 572 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
The Clerk first certified that notice of this meeting concerning the revised Interlocal Cooperation
Agreement (F Street Improvements) with The County of Douglas, Nebraska ("County"), The State of
Nebraska Department of Transportation ("NDOT"), Sanitary and Improvement District No. 572 of Douglas
County, Nebraska ("SID 572"), Sanitary and Improvement District No. 575 of Douglas County, Nebraska
("SID 575"), Sanitary and Improvement District No. 613 of Douglas County, Nebraska ("SID 613"), and
Sanitary and Improvement District No. 578 of Douglas County, Nebraska ("SID 578"), had been posted in
three (3) conspicuous places within the District with the Clerk causing to be filed a Certificate to that effect
with a copy of the notice attached thereto, such notice being attached to the minutes of these proceedings
and by this reference made a part hereof.
The Clerk next stated that no petition opposing the proposed Resolution of Advisability and
Necessity had been filed by the property owners within the District or by any other person or entity and that
no person appeared at the meeting or made any objections to the proposed Resolution of Advisability and
Necessity with such being the same resolution adopted in form at the meeting of the Board of Trustees held
on September 20, 2023, which resolution is set forth in its entirety in the proof of publication attached hereto
and by this reference incorporated herein. After discussion of the Board, the following resolution was duly
moved and seconded and upon a roll call vote the Trustees, Carri Czyz, Clint Poppe, Jr., Branden Strahm
voted "Aye"with none voting"Nay" thereby passing and adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 572 of Douglas County, Nebraska, that the Resolution of
Necessity and Advisability for the revised Interlocal Cooperation
Agreement (F Street Improvements) with The County of Douglas,
Nebraska ("County"), The State of Nebraska Department of Transportation
("NDOT"), Sanitary and Improvement District No. 572 of Douglas County,
Nebraska ("SID 572"), Sanitary and Improvement District No. 575 of
Douglas County, Nebraska ("SID 575"), Sanitary and Improvement District
No. 613 of Douglas County, Nebraska ("SID 613"), and Sanitary and
Improvement District No. 578 of Douglas County, Nebraska ("SID 578"),
be ratified and approved as proposed.
FURTHER RESOLVED, that the Chairman and Clerk be, and hereby are,
authorized and directed to take such steps as are necessary to implement
this resolution, including the execution of such agreement for and on
behalf of the District.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from One Call Concepts, Inc., for line locates within the
District, as follows: Invoice #3090689 in the amount of Twenty-Three and 54/100 Dollars ($23.54). The
Board was next reminded that advance payment was made on February 28, 2023, in the amount of
Seven Hundred Fifty and no/100 Dollars ($750.00)— there is a credit balance.
There was next presented a statement from Pansinq Hogan Ernst & Buser LLP, attorneys for the
District, for legal services rendered, in miscellaneous district matters, in the amount of Seven Thousand
Thirteen and no/100 Dollars ($7,013.00), and costs advanced in the amount of Fifty-Two and 20/100
Dollars ($52.20); such statement being in the aggregate amount of Seven Thousand Sixty-Five and
20/100 Dollars ($7,065.20).
There was next presented a statement from Omaha Public Power District, for street lights, Account
#4118205607, from August 29, 2023, to September 28, 2023, in the amount of One Thousand Two
Hundred Fifty-One and 05/100 Dollars($1,251.05).
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. 572 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 1515 through 1517 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 October 12, 2026, subject to extension of said maturity date
by order of the District Court of Douglas County, Nebraska, after notice is
given as required by law, to-wit:
Warrant No. 1515, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 1516, for the amount of Two
Thousand Sixty-Five and 20/100 Dollars ($2,065.20), payable to Pansinq
Hogan Ernst& Buser LLP.
Warrant No. 1517, for the amount of One Thousand Two Hundred
Fifty-One and 05/100 Dollars ($1,251.05), payable to Omaha Public
Power District, Account#4118205607.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 572 of Douglas County, Nebraska, that both they
and the District hereby find and determine and covenant, and warrant and
agree that (a) the facilities for which the above Warrants are issued are for
essential governmental functions and are designed to serve members of
the general public on an equal basis; (b) there are no persons with rights
to use said facilities other than as members of the general public; (c)
ownership and operation of said facilities is within the District or another
political subdivision; (d) none of the proceeds of the Warrants will be
loaned to any person and to the extent that special assessments have
been or are to be levied for any said facilities, 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 such facilities in the
District; (e) the development of the land in the District is for residential or
commercial use; (f) the development of the land in the District for sale and
occupation by the general public is proceeding with reasonable speed; and
(g) the District hereby authorizes and directs the Chairman or Clerk to file,
when due, an information reporting form pursuant to Section 149(e) of the
Internal Revenue Code of 1986 pertaining to the above Warrants.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 572 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. 572 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.
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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.
Clint Poppe, Jr., as Clerk for Sanitary and Improvement District No. 572 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 October 12, 2023, meeting.
C14. 4`e-1 I
Clint Poppe, Jr., Clerk