2019-09-18 SID 476 Minutes MINUTES OF MEETINGLO
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SANITARY AND IMPROVEMENT DISTRICT NO. 476 rry
OF DOUGLAS COUNTY, NEBRASKA
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A meeting of the Board of Trustees of Sanitary and Improvement District No. 476 of Dolas:
County, Nebraska, was convened in open and public session at 8:30 a.m. on the 18th day of September,
2019, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: John C. Allen, Jeanne D. Knox, Maria A. Michaelis, Seth V. Campbell and Steven P.
Ziemba. Also present were John Q. Bachman, attorney for the District, John E. Kuehl of D.A. Davidson &
Co., underwriter for the District, James C. Cripe, certificate of indebtedness holder and Ric Hines, resident
of the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 11, 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 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 undersigned Clerk hereby certifies that these minutes were written and available for public
inspection within ten (10)working days after the date of such meeting. The meeting was called to order.
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, John C. Allen, Jeanne D. Knox, Maria A. Michaelis, Seth V. Campbell and Steven P. Ziemba
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. 476 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:
d 1 1,
2018 2019 Change
Operating Budget $ 2,241,650.00 $ 2,125,986.25 -5%
Property Tax Request $ 1,764,342.36 $ 1,866,664.36 6%
Valuation $196,038,040.00 $207,407,150.00 6%
Tax Rate 0.900000 0.900000 0%
Tax Rate if Prior Tax Request was at Current
Valuation 0.850666
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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.
Jeanne D. Knox, as Clerk for Sanitary and Improvement District No. 476 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 18, 2019 meeting.
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4-111- D. Knox, Clerk
MINUTES OF MEETING ,-,
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SANITARY AND IMPROVEMENT DISTRICT NO. 476
OF DOUGLAS COUNTY, NEBRASKA .�
A meeting of the Board of Trustees of Sanitary and Improvement District No. 476 q# Dbuglas
County, Nebraska, was convened in open and public session at 8:35 a.m. on the 18th day of September,
2019, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: John C. Allen, Jeanne D. Knox, Maria A. Michaelis, Seth V. Campbell and Steven P.
Ziemba. Also present were John Q. Bachman, attorney for the District, John E. Kuehl of D.A. Davidson &
Co., underwriter for the District, James C. Cripe, certificate of indebtedness holder and Ric Hines, resident
of the District.
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
September 11, 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 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 undersigned Clerk hereby certifies that these minutes were written and available for public
inspection within ten (10)working days after the date of such meeting. The meeting was called to order.
John E. Kuehl of D.A. Davidson & Co. was present to discuss the financial report for the District. A
copy of the report is attached to the minutes. A short review and discussion of the report followed.
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 18th 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, John C. Allen, Jeanne D. Knox, Maria A. Michaelis, Seth V. Campbell and Steven P. Ziemba,
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. 476 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, John C.
Allen, Jeanne D. Knox, Maria A. Michaelis, Seth V. Campbell and Steven P. Ziemba voted "Aye" with none
voting "Nay"thereby passing and adopting the following resolution:
RESOLVED, that Sanitary and Improvement District No. 476 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:
$0.235000 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$487,406.81 in taxes to be credited to this fund; and
$0.665000 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 $1,379,257.55 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 were next presented statements from Royal Lawns Inc. for landscape maintenance as
follows: (i) Invoice No. 6091 (for services 07/04/2019 through 09/12/2019 only) in the amount of Twenty-
Eight Thousand Twelve and no/100 Dollars ($28,012.00); and (ii) Invoice No. 6146 in the amount of Eight
Thousand Two Hundred Eighty and no/100 Dollars ($8,280.00); said statements being in the aggregate
amount of Thirty-Six Thousand Two Hundred Ninety-Two and no/100 Dollars($36,292.00).
There were next presented statements from B&W Co., Inc. as follows: (i) pothole repair, Invoice
No. 21351 in the amount of One Thousand Nine Hundred Twelve and 50/100 Dollars ($1,912.50); and
(ii) speed table and chevron restriping, Invoice No. 21415 in the amount of One Thousand Eight Hundred
Sixty and no/100 Dollars ($1,860.00); said statements being in the aggregate amount of Three Thousand
Seven Hundred Seventy-Two and 50/100 Dollars ($3,772.50).
There was next presented a statement from Centennial Enterprises Inc. for snow removal, Invoice
No. 55039 in the amount of One Thousand One Hundred and no/100 Dollars($1,100.00).
There was next presented a statement from Geis Inc. for sanitary sewer maintenance, Invoice No.
19272 in the amount of Four Thousand One Hundred and no/100 Dollars ($4,100.00).
There was next presented a statement from All Trees for insecticide applications, invoice dated
August 2, 2019 in the amount of Two Thousand Eight Hundred Eighty and no/100 Dollars ($2,880.00).
There were next presented statements from One Call Concepts, Inc. for line locating services as
follows: (i) for the month of July, 2019, Invoice No. 9070621 in the amount of Twenty-One and 14/100
Dollars ($21.14); and (ii) for the month of August 2019, Invoice No. 9080622 in the amount of Thirty-One
and 50/100 Dollars ($31.50); said statements being in the aggregate amount of Fifty-Two and 64/100
Dollars ($52.64).
Counsel for the District next informed the Board that the Clerk was entitled to One Hundred and
no/100 Dollars ($100.00) per month. Payment was authorized for twelve (12) months, from September 1,
2018 through August 31, 2019, the Clerk to receive the amount of One Thousand Two Hundred and
no/100 Dollars ($1,200.00) less Ninety-One and 80/100 Dollars ($91.80) to be withheld for income tax
purposes; therefore, payment to be made to the Clerk in the amount of One Thousand One Hundred
Eight and 20/100 Dollars ($1,108.20).
Counsel for the District next informed the Board that sums were to be placed in the Pansing
Hogan Ernst & Bachman LLP Trust Account for purposes of payment of tax on income received by the
Clerk of the District, said tax to be in the amount of Ninety-One and 80/100 Dollars ($91.80).
There was next presented a statement from Lutz & Company, PC, accountants for the District for
completion of annual budget document for 2019 and progress bill related to audited financial statements,
Invoice No. 248452 in the amount of Three Thousand One Hundred Fifty and no/100 Dollars ($3,150.00).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District
for services rendered as follows: (i) from June 10, 2019 through July 14, 2019 (maintenance), Invoice No.
148222 in the amount of Three Thousand Nine Hundred Seventy-Three and 64/100 Dollars ($3,973.64);
and (ii) from June 10, 2019 through July 14, 2019, Invoice No. 148223 (street repairs) in the amount of One
Hundred Thirty-Nine and 50/100 Dollars ($139.50); said statements being in the aggregate amount of Four
Thousand One Hundred Thirteen and 14/100 Dollars ($4,113.14).
There was next presented a statement from Pansing Hogan Ernst & Bachman LLP for legal
services rendered from September 1, 2018 through August 31, 2019, in the amount of Twenty-Seven
Thousand Six Hundred Sixty-Eight and 50/100 Dollars ($27,668.50), and costs advanced in the amount of
One Thousand Six Hundred Seventy-Two and 77/100 Dollars ($1,672.77); said statement being in the
aggregate amount of Twenty-Nine Thousand Three Hundred Forty-One and 27/100 Dollars($29,341.27).
There were next presented statements from Omaha Public Power District with respect to Account
No. 0854192562 for services from June 28, 2019 through August 30, 2019 in the aggregate amount of Eight
Thousand Six Hundred Sixteen and 83/100 Dollars ($8,616.83).
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. 476 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby are authorized and directed to execute and
deliver Warrant Nos. 7823 through 7847 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 18, 2022, 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. 7823 through 7829, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 7830, for the
amount of One Thousand Two Hundred Ninety-Two and no/100 Dollars
($1,292.00), payable to Royal Lawns Inc., Inv. #6091, 6146.
Warrant No. 7831, for the amount of Three Thousand Seven
Hundred Seventy-Two and 50/100 Dollars ($3,772.50), payable to B&W
Co., Inc., Inv. 21351, 21415.
Warrant No. 7832, for the amount of One Thousand One Hundred
and no/100 Dollars ($1,100.00), payable to Centennial Enterprises Inc.,
Inv. #55039.
Warrant No. 7833, for the amount of Four Thousand One Hundred
and no/100 Dollars($4,100.00), payable to Geis Inc., Inv. #19272.
Warrant No. 7834, for the amount of Two Thousand Eight
Hundred Eighty and no/100 Dollars($2,880.00), payable to All Trees.
Warrant No. 7835, for the amount of Fifty-Two and 64/100 Dollars
($52.64), payable to One Call Concepts, Inc., Inv. #9070621, 9080622.
Warrant No. 7836, for the amount of One Thousand One
Hundred Eight and 20/100 Dollars ($1,108.20), payable to Jeanne D.
Knox.
Warrant No. 7837, for the amount of Ninety-One and 80/100
Dollars ($91.80), payable to Pansing Hogan Ernst & Bachman LLP Trust
Account.
Warrant No. 7838, for the amount of Three Thousand One
Hundred Fifty and no/100 Dollars ($3,150.00), payable to Lutz &
Company, PC, Inv. #248452.
Warrant No. 7839, for the amount of Four Thousand One
Hundred Thirteen and 14/100 Dollars ($4,113.14), payable to E & A
Consulting Group, Inc., Inv. #148222, 148223.
Warrant Nos. 7840 through 7844, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 7845, for the
amount of Four Thousand Three Hundred Forty-One and 27/100 Dollars
($4,341.27), payable to Pansing Hogan Ernst& Bachman LLP.
Warrant No. 7846, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 7847, for the amount of Three
Thousand Six Hundred Sixteen and 83/100 Dollars ($3,616.83), payable to
Omaha Public Power District, Acct. No. 0854192562.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 476 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.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 476 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.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 476 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.
The Trustees next discussedthe
t e request of the City of Omaha Parks Department to extend the
term of the Interlocal Agreement for Whitehawk Park soccer, baseball and softball fields. The Trustees
requested John Bachman to negotiate with the City a new agreement which would include additional trash
cans and timely pick-up of trash, drainage/mowing issues and maintenance of the park playground
equipment. Steve Ziemba indicated he would contact E & A Consulting Group, Inc., engineers for the
District for better coordination of Royal Lawn work, particularly tree trimming.
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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.
Jeanne D. Knox, as Clerk for Sanitary and Improvement District No. 476 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 18, 2019 meeting.
Jean e D. Knox, Clerk
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