2019-08-29 SID 446 Minutes SEP 27'1.9 AH9:54
city Clerk Omaha HE-R�=�.•`D
MINUTES OF MEETING OF SANITARY AND
IMPROVEMENT DISTRICT NO. 446 OF
DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 446 of
Douglas County, Nebraska, was convened in open and public session at 4:30 p.m. on August 29,
2019, at 14710 West Dodge Road, Suite 100, Omaha, Nebraska. Present were Trustees Richard
Ramm, Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; absent: none. Also
present were Engineer Dave Mclvor, Jeff Paesl, of Lutz & Co., the District's accountant and
Attorney Elizabeth A. Sevcik.
Notice of the meeting was given in advance thereof by publication in The Daily Record,
Omaha, Nebraska, on August 21, 2019, a copy of the Proof of Publication being attached to these
minutes. Notice of this meeting was sent to the Omaha City Clerk, Omaha, Nebraska, not less than
seven (7) days prior to the date of this meeting. 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 undersigned Clerk hereby certifies that these minutes were written and available for
public inspection within ten (10) working days after the date of said meeting.
After calling the meeting to order and completion of roll call, 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 Chairman directed the Board's attention to Agenda Item No. 3, Engineer's Report.
a. Change Order No. 1 to Paving Maintenance 2018. The Engineer presented Change
Order No. 1 (a copy of which is attached to these minutes) to the Board for signature. The Engineer
was authorized at the July 18, 2019 meeting to approve the change order with B & W Co. After
discussion, the following resolution was moved and seconded, to-wit:
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 446 of Douglas County, Nebraska, hereby
authorizes the Chairman to execute Change Order No. 1 to the Paving
Maintenance 2018 contract with B & W Co. in an amount of
$34,750.00 on behalf of the District.
On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolution duly carried and adopted.
b. Status of No Parking Signs on Laurel Avenue. Engineer Mclvor will follow-up with
Douglas County and report to the Board at the next meeting.
COPY yr,
•
Minutes of Meeting of Board of Trustees August 29,2019
SID No. 446 of Douglas County, Nebraska Page 2
c. Sinkhole at 150th & Fort Street Entrance. The Engineer will follow-up with the City
on this matter and report to the Board at the next meeting.
The Chairman directed the Board's attention to Agenda Item No. 4, Documentation from
Lutz & Co., P.C. The Board discussed the SAS 114 Planning Letter, Engagement Letter, and
Management Representation Letter which had been prepared by the District's auditors and
submitted to the Chairman for signature. Thereupon, the following resolution was duly moved and
seconded, to-wit:
•
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 446 of Douglas County, Nebraska, that the
Chairman be, and hereby is, authorized and directed to execute and
deliver the Engagement Letter, and Management Representation
Letter, prepared by the District's auditors, regarding the audit for the
year ended June 30, 2019. Copies of said letters are attached to these
minutes for reference.
On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolution to be duly carried and
adopted.
The Chairman directed the Board's attention to Agenda Item No. 5, Proposal of Budget for
2019-2020 Fiscal Year, and presented the proposed budget statement for the District, which had
previously been prepared with the assistance of the District's auditors, all in accordance with the
Nebraska statutes. Jeff Paesl reviewed the proposed dollar requirement and the proposed budget
documents. After discussion, the Board directed Mr. Paesl to revise the budget to lower the levy
amount.
The Chairman also noted that the Board has until October 13 to vote to establish a tax
request different from the prior year, provided that a majority of the Board votes for such approval
at a special public hearing, notice of which must be published at least four calendar days prior to the
hearing.
After full discussion,the following resolutions were duly moved and seconded, to-wit:
RESOLVED, that the Board of Trustees of Sanitary and Improvement
District No. 446 of Douglas County, Nebraska, does herewith propose
the budget (including the revisions requested by the Board as
referenced above) heretofore filed with the Clerk of the District; that a
hearing on such proposed budget be held on September 11, 2019, at
4:30 p.m. at 14710 West Dodge Road, Suite 100, Omaha, Nebraska;
that public notice of the place and time of such hearing, together with
the summary of the proposed budget statement, be published in The
Daily Record of Omaha,Nebraska, on or before September 4, 2019.
Minutes of Meeting of Board of Trustees August 29, 2019
SID No. 446 of Douglas County,Nebraska Page 3
Further resolved, that a special public hearing be held on
September 11, 2019, at 4:45 p.m. at 14710 West Dodge Road, Suite
100, Omaha, Nebraska, for the purpose of establishing a tax request
which is different from that of the prior year; that public notice of the
place and time of such hearing be published in The Daily Record of
Omaha,Nebraska, on or before September 4, 2019.
On roll call on the foregoing resolutions, the following Trustees voted aye: Richard Ramm,
,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said'resolutions duly carried and adopted.
The Chairman directed the Board's attention to Agenda Item No. 6 and the Board reviewed
and discussed the most recent report from the County Treasurer.
The Chairman then directed the Board's attention to Agenda Item No. 7, Payment of Bills of
the District, and presented for the Board's consideration the hereinafter described bills, statements
and invoices. After careful review of same and full discussion, the following resolution was duly
moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 446 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby are authorized and directed to execute and
deliver Warrants Nos. 3209 through 3211, inclusive, of the District,
dated the date of this meeting, to the following payees and in the
following amounts, said Warrants Nos. 3209 through 3211, inclusive,
to be drawn on the General Fund Account of the District and to bear
interest at the rate of seven percent (7%) per annum, and no Warrants
to be drawn on the Construction Fund Account of the District and to
bear interest at the rate of seven percent (7%) per annum (interest to
be payable on July 1 of each year, as to the Construction Fund
Warrants only), and to be redeemed no later than the dates noted
below, subject to extension of said maturity date, (for Construction
Fund Warrants only), by order of the District Court of Douglas
County,Nebraska, after notice is given as required by law, to-wit:
GENERAL FUND
(Due August 29,2022)
No. Payee Amount Purpose
3209 Omaha Public Power District $3,407.26 Street lights service 6/27/19-7/30/19,Acct.
#9809708458
3210 Lamp,Rynearson&Associates $2,972.75 Inv Nos. 196057.90-131 and 0132,
Inc. engineering services
3211 Croker Huck Kasher DeWitt $1,287.53 Inv.No. 126263,Acct.No.462-0
Anderson&Gonderinger LLC
Minutes of Meeting of Board of Trustees August 29, 2019
SID No. 446 of Douglas County,Nebraska Page 4
BE IT FURTHER RESOLVED by Board of Trustees of Sanitary and
Improvement District No. 446 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. 446 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)(ii) 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. 446 of Douglas County, Nebraska that
•
Minutes of Meeting of Board of Trustees August 29, 2019
SID No. 446 of Douglas County,Nebraska Page 5
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 1.1482(b)(2) of the Income Tax Regulations
under the Internal Revenue Code of 1986, as amended.
On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolution duly carried and adopted.
Under Miscellaneous Matters, the Board scheduled its next meeting for September 11, 2019
at 4:30 p.m. at 14710 West Dodge Road, Suite 100.
` a
Minutes of Meeting of Board of Trustees August 29, 2019
SID No. 446 of Douglas County, Nebraska Page 6
There being no further business, a motion for adjournment was duly moved, seconded
and unanimously carried.
Richard Ramm, Chairman/Trus ee
Martin W. Ne son, Clerk/Trustee
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SF?27'12 AmS:55
:i ; i E,.,ifri,3 t-_QY,,MINUTES OF MEETING OF SANITARY AND
IMPROVEMENT DISTRICT NO. 446 OF
DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 446 of
Douglas County, Nebraska, was convened in open and public session at 4:30 p.m. on September 11,
2019, at 14710 West Dodge Road, Suite 100, Omaha, Nebraska. Present were Trustees Richard
Ramm, Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; absent: none. Also
present were Engineer Dave Mclvor and Attorney Martin P. Pelster.
Notice of the meeting was given in advance thereof by publication in The Daily Record,
Omaha, Nebraska, on September 4, 2019, a copy of the Proof of Publication being attached to these
minutes. Notice of this meeting was sent to the Omaha City Clerk, Omaha, Nebraska, not less than
seven (7) days prior to the date of this meeting. 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 undersigned Clerk hereby certifies that these minutes were written and available for
public inspection within ten (10) working days after the date of said meeting.
After calling the meeting to order and completion of roll call, 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 Chairman directed the Board's attention to Agenda Item No. 3, Engineer's Report.
a. Status of No Parking Signs on Laurel Avenue. Engineer McIvor reported that the
County will move the no parking signs and send an invoice to the District.
b. Sinkhole at 150th & Fort Street Entrance. The Chairman reported that the City has
not performed repairs and the sinkhole is getting worse. The Engineer will put barricades in the
area to prevent damage to cars until the repairs are completed.
c. Other. The paving maintenance change order work is underway and should be
completed in two weeks.
The Chairman next directed the Board's attention to Agenda Item No. 4, Waste Contract
Change. Attorney Pelster presented the Board with a letter from Premier Waste Solutions
requesting an increase in their fee to cover increased "tipping fees". The District has a contract with
Premier Waste Solutions through December 2020 with a fixed contract price. The contract does not
have an escalator clause that would allow the contractor to unilaterally increase the contract price.
After discussion, the following resolution was duly made and seconded, to-wit:
RESOLVED, that the Board of Trustees of Sanitary and Improvement
District 446 of Douglas County, Nebraska, does hereby reject
P ,
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Minutes of Meeting of Board of Trustees September 11, 2019
SID No. 446 of Douglas County,Nebraska Page 2
payment of the requested increase for "tipping fees" over the contract
price.
On roll call on the foregoing resolutions, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolutions duly carried and adopted.
The Chairman directed the Board's attention to Agenda Item No. 5, 2019-2020 Budget. No
property owners in the District appeared at this hearing on the proposed budget and budget
summary to offer support, opposition, criticism, suggestions or observations concerning the
proposed budget. The Chairman noted that the published notice of this public hearing on the budget
had been published in The Daily Record of Omaha, Nebraska, on September 4, 2019, as previously
authorized by the Board. He further noted that the proposed budget requires property taxes for the
general, fund of $102,303.86 and property taxes for the bond fund of $511,519.30 and that the
proposed budget complies with the current provisions of the Nebraska lid law.
He further stated that the Board is required to hold a separate special public hearing in order
to set the 2019-2020 property tax request at an amount which is different from the prior year's tax
request, and that the District has until October 13 to file with the County Clerk a resolution setting a
tax request different from the prior year. The District must also submit proof of publication of
notice of the special hearing. The Chairman noted that the separate special public hearing is
scheduled for 4:45 p.m. on September 11, 2019.
The Chairman then declared the public hearing on the budget to be closed and inquired as to
the pleasure of the Board. Thereupon, the following resolutions were duly moved and seconded, to-
wit:
BE IT RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 446 of Douglas County, Nebraska, as
follows:
THAT the attached budget proposed by the Board at its meeting held
on August 29, 2019, is hereby adopted, exactly as proposed; that the
2019-2020 dollar requirement totaling $613,823.16 is hereby
established, $102,303.86 of said sum to be credited to the District's
general fund account, and $511,519.30 to be credited to the District's
bond sinking fund account, such budget requiring a total levy of
$0.600000 per$100 of valuation.
BE IT FURTHER RESOLVED that Martin P. Pelster, Attorney for
the District, be and hereby is directed on behalf of the Board of
Trustees to file or cause to be filed said budget and dollar requirement
with the County Board, in care of the County Clerk of this County,
and with the State Auditor of Public Accounts, on or before
September 20, 2019.
Minutes of Meeting of Board of Trustees September 11, 2019
SID No. 446 of Douglas County, Nebraska Page 3
On roll call on the foregoing resolutions, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss, and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolutions duly carried and adopted.
The Chairman then directed the Board's attention to Agenda Item No. 6, Payment of Bills of
the District, and presented for the Board's consideration the hereinafter described bills, statements
and invoices. After careful review of same and full discussion, the following resolution was duly
moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 446 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby are authorized and directed to execute and
deliver Warrants Nos. 3212 through 3214, inclusive, of the District,
dated the date of this meeting, to the following payees and in the
following amounts, said Warrants Nos. 3212 through 3214, inclusive,
to be drawn on the General Fund Account of the District and to bear
interest at the rate of seven percent (7%) per annum, and no Warrants
to be drawn on the Construction Fund Account of the District and to
bear interest at the rate of seven percent (7%) per annum (interest to
be payable on July 1 of each year, as to the Construction Fund
Warrants only), and to be redeemed no later than the dates noted
below, subject to extension of said maturity date, (for Construction
Fund Warrants only), by order of the District Court of Douglas
County,Nebraska, after notice is given as required by law, to-wit: •
GENERAL FUND
(Due September 11,2022)
No. Payee Amount Purpose
3212 Omaha Public Power District 3,386.63 Street lights service 7/30/19-8/29/19,Acct.
#9809708458
3213 Lutz&Company,P.C. 3,150.00 Inv.No.248449,Client No. 14866.1700,
annual budget and progress bill for audit
3214 Croker Huck Kasher DeWitt 1,034.03 Inv.No. 126596,Acct.No.462-0
Anderson&Gonderinger LLC
BE IT FURTHER RESOLVED by Board of Trustees of Sanitary and
Improvement District No. 446 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
•
Minutes of Meeting of Board of Trustees September 11, 2019
SID No. 446 of Douglas County,Nebraska Page 4
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. 446 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)(ii) 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. 446 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
.
Minutes of Meeting of Board of Trustees September 11, 2019
SID No. 446 of Douglas County,Nebraska Page 5
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 1.1482(b)(2) of the Income Tax Regulations
under the Internal Revenue Code of 1986, as amended.
On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm,
Martin W. Nelson, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the
following Trustees: None. The Chairman then declared said resolution duly carried and adopted.
Under Miscellaneous Matters, the Board scheduled its next meeting for October 9, 2019 at
4:30 p.m. at 14710 West Dodge Road, Suite 100.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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Minutes of Meeting of Board of Trustees September 11, 2019
SID No. 446 of Douglas County,Nebraska Page 6
There being no further business, a motion for adjournment was duly moved, seconded
and unanimously carried.
Richard Ramm, Chairman/Trustee
Martin W. Nelson, Clerk/Trustee