2019-09-06 SID 499 Minutes MINUTES OF MEETING
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SANITARY AND IMPROVEMENT DISTRICT NO. 499
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County,
Nebraska, was convened in open and public session at 11:00 a.m. on the 6th day of September, 2019, at
10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Bradley J. Clausen, Roger H. Baumgart, Nyle Johnson, Michael L. Purdy and Gregory
Cordes. 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
September 2, 2019, 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. Upon roll call, all of the
Trustees were present.
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 was next presented in accordance with the provisions of Neb. R.R.S. Section 77-1601.02, the
publication concerning the Board of Trustees recommendation that the property tax request for tax year 2019-
2020 be set at a different amount than the 2018-2019 tax request. It was further reported that no person had
appeared at the meeting in response to such hearing notice. The Clerk was directed to attach a copy of such
notice to the minutes of these proceedings.
After discussion and upon a motion duly made and seconded, and upon a roll call vote, the Trustees,
Bradley J. Clausen, Roger H. Baumgart, Nyle Johnson, Michael L. Purdy and Gregory Cordes voted "Aye"
with none voting"Nay"with the following resolution being thereby adopted and approved:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 499 of Douglas County, Nebraska, that it is advisable that the property
tax request for tax year 2019-2020 be set at a different amount than the
2018-2019 tax request as set out in the proof of publication attached hereto
and incorporated herein by this reference, as follows:
2018 2019 Change
Operating Budget $ 783,980.00 $ 1,178,020.00 50%
Property Tax Request $ 792,095.40 $ 885,828.87 12%
Valuation $88,010,600.00 $98,425,430.00 12%
Tax Rate 0.900000 0.900000 0%
Tax Rate if Prior Tax Request was at Current
Valuation 0.804767
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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.
Roger H. Baumgart, as Clerk for Sanitary and Improvement District No. 499 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 September 6, 2019, meeting.
o H. Baumgart, Clerk
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MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 499
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 499 of Douglas County,
Nebraska, was convened in open and public session at 11:05 a.m. on the 6th day of September, 2019, at
10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Bradley J. Clausen, Roger H. Baumgart, Nyle Johnson, Michael L. Purdy and Gregory
Cordes. 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
September 2, 2019, 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. Upon roll call, all of the
Trustees were present.
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.
It was next reported in accordance with the provisions of Neb. R.R.S. Section 13-501 through 13-513,
the District's certified public accountants were directed to prepare a proposed budget and further that the Clerk
attended to the required publication of notice with regard to the budgetary hearing to be held by the Board of
Trustees. The Clerk had been directed to give the appropriate notices in accordance with the Nebraska Budget
Act and that a budgetary hearing for the District be held on the 6th day of September,2019, at 10250 Regency
Circle, Suite 300, Omaha, Nebraska.
There was next presented the publication of this budgetary hearing as presented in The Daily Record.
It was next reported that such notice of the budgetary hearing along with a budget summary had been published
in accordance with law. It was further reported that it appeared that no person had appeared at the meeting in
response to such notice of the budgetary hearing and the Clerk was directed to attach a copy of such notice to
the minutes of these proceedings.
After a lengthy discussion and upon a motion duly made and seconded, and upon a roll call vote, the
Trustees, Bradley J. Clausen, Roger H. Baumgart, Nyle Johnson, Michael L. Purdy and Gregory Cordes,
voted "Aye"with none voting"Nay"with the following resolution being thereby adopted and approved:
RESOLVED, by the Board of Trustees of Sanitary and Improvement District
No. 499 of Douglas County, Nebraska, that the budget and tax levy as
tentatively set forth be adopted as the final budget and levy in accordance
with Exhibit"A" attached hereto and by this reference made a part hereof.
Further that the Clerk of the District be directed to file a copy of the adopted
budget with the levying board of the State Auditor's office as well as certifying
the levy to the Douglas County officials as well as attaching a proof of
publication to such adopted budget.
With the budget for the District having been adopted, it was then stated that it would be appropriate
at this time to levy the tax in accordance with the budget statement. After a full and complete discussion and
upon a motion duly made and seconded, and upon the following roll call vote, the Trustees, Bradley J.
Clausen, Roger H. Baumgart, Nyle Johnson, Michael L. Purdy and Gregory Cordes voted "Aye" with none,
voting "Nay" thereby passing and adopting the following resolution:
RESOLVED, that Sanitary and Improvement District No. 499 of Douglas
County, Nebraska, levy and collect for the year 2019-2020 a tax of
$0.900000 per One Hundred and no/100 Dollars ($100.00)actual valuation
of taxable property in the District, except intangible property, said tax to be
credited to the appropriate fund as indicated below:
$0.200000 on each One Hundred and no/100 Dollars ($100.00)
actual valuation to be credited to the General Fund of the District and
thereby collect$196,850.86 in taxes to be credited to this fund; and
$0.700000 on each One Hundred and no/100 Dollars ($100.00)
actual valuation to be credited to the Construction(Bond)Fund of the District
and thereby collect$688,978.01 in taxes to be credited to this fund.
FURTHER RESOLVED, that the Clerk of this District be and hereby is
directed to deliver and file with the County Clerk of Douglas County,
Nebraska and the Auditor of Public Accounts, a copy of this resolution.
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 Blademasters Grounds Maintenance, Inc. in connection
with the Temporary Sediment Basins Removal (Deer Creek Highlands) project, Pay Estimate No. 4 in the
amount of Thirty Thousand Five Hundred Seventy-Six and 40/100 Dollars ($30,576.40).
There was next presented correspondence from Lamp Rynearson, engineers for the District,
presenting and recommending payment in favor of Thiele Geotech, Inc., for testing in connection with the
Temporary Sediment Basins Removal (Deer Creek Highlands) project, Invoice No. 67617 in the amount of
One Thousand Three Hundred Two and no/100 Dollars ($1,302.00).
There was next presented a statement from Lamp Rynearson, engineers for the District for services
rendered in construction-related matters through July 20, 2019, Invoice No. 0111021.90-0000109 in the
amount of Four Thousand Six Hundred Thirty-Two and 70/100 Dollars($4,632.70).
The Clerk next directed the attention of the Board of Trustees to the fact that D.A. Davidson & Co.
will place Thirty-Six Thousand Five Hundred Eleven and 10/100 Dollars($36,511.10) in warrants at this time
and that the contracted charge for such placement of warrants is one percent(1.0%)or Three Hundred Sixty-
Five and 12/100 Dollars($365.12).
The Clerk next directed the attention of the Board of Trustees to the fact that First National Capital
Markets will place Thirty-Six Thousand Five Hundred Eleven and 10/100 Dollars($36,511.10) in construction
fund warrants at this time and that the contracted charge for such placement of warrants is two percent(2.0%)
or Seven Hundred Thirty and 23/100 Dollars($730.23) in accordance with the agreement previously adopted
by the Board. The Chairman recommended the issuance of a warrant for such amount to First National
Capital Markets.
There was next presented a statement from Lamp Rynearson, engineers for the District for
miscellaneous engineering services rendered through July 20, 2019, Invoice No. 0111021.90-0000108 in the
amount of One Thousand Four Hundred Twenty-Seven and 82/100 Dollars($1,427.82).
There was next presented a statement from Pansing Hogan Ernst& Bachman LLP, attorneys for the
District, for legal services rendered from September 1, 2018 through August 31, 2019, in the amount of
Eighteen Thousand Eight Hundred Eighty-Seven and no/100 Dollars($18,887.00); and costs advanced in the
amount of Two Thousand Twenty-Eight and 60/100 Dollars ($2,028.60); said statement being in the
aggregate amount of Twenty Thousand Nine Hundred Fifteen and 60/100 Dollars($20,915.60).
There was next presented a statement from Omaha Public Power District with respect to Account No.
3796158951 for service from July 30, 2019 through August 29, 2019 in the amount of One Thousand One
Hundred Thirty-Six and 70/100 Dollars($1,136.70).
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. 499 of Douglas County, Nebraska, that the Chairman and Clerk be and
they hereby are authorized and directed to execute and deliver Warrant
Nos. 2181 through 2191 of the District, dated the date of this meeting,to the
following payees and in the following amounts, said Warrants to be drawn
on the Construction Fund of the District and to draw interest at the rate of
seven percent (7%) per annum (interest to be payable on November 1 of
each year)and to be redeemed no later than September 6, 2024, 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. 2181 through 2186, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2187, for the
amount of Five Hundred Seventy-Six and 40/100 Dollars($576.40), payable
to Blademasters Grounds Maintenance, Inc.
Warrant No.2188,for the amount of One Thousand Three Hundred
Two and no/100 Dollars ($1,302.00), payable Thiele Geotech Inc., Inv.
#67617.
Warrant No. 2189, for the amount of Four Thousand Six Hundred
Thirty-Two and 70/100 Dollars ($4,632.70), payable to Lamp Rynearson,
Inv. #0111021.90-109.
Warrant No. 2190, for the amount of Three Hundred Sixty-Five and
12/100 Dollars ($365.12), payable to D.A. Davidson & Co.
Warrant No. 2191, for the amount of Seven Hundred Thirty and
23/100 Dollars ($730.23), payable to First National Capital Markets.
•
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 499 of Douglas County, Nebraska, that the
Chairman and Clerk be and they hereby authorized and directed to execute
and deliver Warrant Nos. 2192 through 2198 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 September 6, 20221, 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. 2192, for the amount of One Thousand Four Hundred
Twenty-Seven and 82/100 Dollars ($1,427.82), payable to Lamp
Rynearson, Inv. #0111021.90-0000108.
Warrant Nos. 2193 through 2196, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 2197, for the
amount of Nine Hundred Fifteen and 60/100 Dollars ($915.60), payable to
Pansing Hogan Ernst& Bachman LLP.
Warrant No. 2198, for the amount of One Thousand One Hundred
Thirty-Six and 70/100 Dollars ($1,136.70), payable to Omaha Public Power
District, Acct. No. 3796158951.
RESOLVED by the Board of Trustees of Sanitary and Improvement
District No. 499 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
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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.
I -
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 499 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. 499 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.
•
John Kuehl presented a financial report to the Trustees, a copy of which is attached to the minutes.
The report was reviewed and discussed. Mr. Kuehl indicated that the District has an opportunity to refinance
the 2014 bond issue, which would also include the costs for the silt basin renovations and the 132nd Street
cost sharing project. When those costs are known, Mr. Kuehl will propose a new bond issue for the District.
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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.
Roger H. Baumgart, as Clerk for Sanitary and Improvement District No. 499 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 September 6, 2019, meeting.
Ro er H. Baumgart, Clerk