2019-11-27 SID 476 Minutes MINUTES OF MEETING -,
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SANITARY AND IMPROVEMENT DISTRICT NO. 476 ff 1-4
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 476'of}Douglas
County, Nebraska, was convened in open and public session at 8:30 a.m. on the 27th day of November,
2019, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Maria A. Michaelis, Seth V. Campbell, Steven P. Ziemba, David Ward and Philip
Fennelly. Also present were John Q. Bachman, attorney for the District, Jennifer Kobza of Ameritas
Investment Corp., underwriter for the District, John E. Kuehl of D.A. Davidson & Co., municipal advisor 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
November 22, 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.
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 10, 2019. Such
certificate indicated that Maria A. Michaelis, Seth V. Campbell, Steven P. Ziemba, David Ward and Philip
Fennelly 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 with respect to the powers and
responsibilities of the positions of Chairman and Clerk of the District. Upon conclusion of such discussion,
the following roll call vote was taken during which the Trustees: Steven P. Ziemba, David Ward and Philip
Fennelly voting "Aye", with none voting "Nay", and Seth V. Campbell and Maria A. Michaelis abstaining,
thereby adopting and approving the following resolution:
RESOLVED, that Seth V. Campbell be hereby elected to serve in the
capacity of Chairman for Sanitary and Improvement District No. 476 of
Douglas County, Nebraska, until the next regularly scheduled election of
the Board of Trustees.
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FURTHER RESOLVED, that Maria A. Michaelis be hereby elected to
serve in the capacity of Clerk for Sanitary and Improvement District
• No. 476 of Douglas County, Nebraska, until the next regularly scheduled
election of the Board of Trustees.
Discussion was next had concerning a bond call on the January 15, 2013, general obligation bonds,
prepared by the District's Counsel in conjunction with the District's underwriter, Ameritas Investment Corp.
A full and complete discussion was had of the advantages and disadvantages of the bond call by the District
at this time. A presentation was made by Jennifer Kobza of Ameritas Investment Corp., as to the financial
details of such bond call and her firm's recommendation for such bond call as being to the advantage of the
District. Upon a motion duly made and seconded, and upon a roll call vote taken the following Trustees,
Maria A. Michaelis, Seth V. Campbell, Steven P. Ziemba, David Ward and Philip Fennelly voted "Aye" with
none voting "Nay thereby adopting the following resolution:
BE IT RESOLVED by the Chairman and Board of Trustees of Sanitary
and Improvement District No. 476 of Douglas County, in the State of
Nebraska as follows:
Section 1. The following bonds, in accordance with their optional
redemption provisions are hereby called for payment on January 6,
2020, at par plus accrued interest, after which date interest on the bonds
will cease:
General Obligation and Refunding Bonds, Series 2013, dated
January 15, 2013, in the remaining principal amount of Five Million Eight
Hundred Thirty Thousand Dollars ($5,830,000) in $5,000 denominations
bearing basic interest as follows:
Amount Maturity Date Basic Interest Rate Per Annum
$310,000 January 15, 2020 2.65%
$330,000 January 15, 2021 2.90%
$355,000 January 15, 2022 3.10%
$40,000 • January 15,2025 3.35%
$135,000 January 15, 2026 3.50%
$695,000 January 15, 2028 3.70%
$3,965,000* January 15, 2033 4.00%
*Term Bonds
which are subject to redemption at any time on or after January 15, 2018
at par plus accrued interest, provided that such bonds shall not be called
for payment, and this resolution shall be of no force and effect, if the
District does not issue, sell and deliver its $5,785,000 aggregate principal
amount of General Obligation Refunding Bonds, Series 2020 on or
before December 31, 2020.
Section 2. Said bonds are to be paid at the office of UMB Bank,
N.A., West Des Moines, Iowa, the Paying Agent and Registrar.
Section 3. A true copy of this resolution shall also be filed
immediately with UMB Bank, N.A., and said Paying Agent and Registrar
is hereby instructed to mail notice to each registered owner of said
outstanding bonds not•less than thirty days prior to the date fixed for
redemption. A true copy of this resolution shall be filed with the County
Treasurer of Douglas County on or before the call date.
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Discussion was next had concerning a bond resolution prepared by the District's Counsel in
conjunction with the District's underwriter, Ameritas Investment Corp. A full and complete discussion was
had of the advantages and disadvantages of the bond issue by the District at this time. A presentation was
made by Jennifer Kobza of Ameritas Investment Corp., as to the financial details of such bond issue and her
firm's recommendation for such bond issue as being to the advantage of the District. Therefore, the
resolution attached to these minutes as Exhibit "A" and identified thereon as"Bond Resolution" and by this
reference made a part hereof as if fully incorporated and set forth herein, was duly moved for adoption
which motion was thereafter seconded. Upon a roll call vote taken on such resolution the following
Trustees, Maria A. Michaelis, Seth V. Campbell, Steven P. Ziemba, David Ward and Philip Fennelly voted
"Aye"with none voting"Nay thereby adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 476 of Douglas County, Nebraska, that the District issue its
Sanitary and Improvement District Bonds in the amount of Five Million
Seven Hundred Eighty-Five Thousand and no/100 Dollars
($5,785,000.00), through its underwriter, Ameritas Investment Corp., in
accordance with the terms of its financing agreement with such underwriter
and in accordance with Nebraska law.
FURTHER RESOLVED, that the "Bond Resolution" attached hereto as
Exhibit "A" and incorporated herein by reference as if fully set forth, be
adopted, ratified and approved.
FURTHER RESOLVED, that the Chairman, Clerk and Trustees be, and
hereby are authorized and directed to execute such documents and take
such steps as are necessary to implement this resolution.
FURTHER RESOLVED, that counsel for the District is directed to take
appropriate steps as are necessary to place the question of the bond issue
before the District Court of Douglas County, Nebraska for its approval.
Discussion was next had with regard to the appointment of a paying agent for the payment of the
principal and interest on the bonds. After full and complete discussion, the following resolutions were duly
made and seconded, whereupon the following roll call vote was taken during which the Trustees, Maria A.
Michaelis, Seth V. Campbell, Steven P. Ziemba, David Ward and Philip Fennelly voted "Aye" with none
voting "Nay thereby adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 476 of Douglas County, Nebraska, that UMB Bank, N.A. has
been appointed as Paying Agent for payment of principal and interest on
bonds of this District issued January 6, 2020, which appointment is hereby
confirmed and ratified, and the County Treasurer of Douglas County,
Nebraska, as ex officio treasurer of this District, is hereby authorized and
directed to pay, from time to time, to said Paying Agent, from funds of the
District, such amounts of money as such Paying Agent shall certify in
writing to the County Treasurer as shall be needed for payment of principal
and interest on bonds of the District, such certificate of the Paying Agent to
show the amounts needed for payment of principal and interest, and the
date upon which such amount is due, and the date when such transfer
shall be made by the County Treasurer to the Paying Agent, such
certification to be made by the Paying Agent to the County Treasurer for
each transfer of funds requested by the Paying Agent.
FURTHER RESOLVED, that the Chairman and Clerk of the District shall
certify this resolution to said County Treasurer who may deem this
resolution to be a continuing resolution and authorization to make transfers
to such Paying Agent, until and unless the County Treasurer is notified of
termination of such authority.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There were next presented statements from Backlund Plumbing for hydro jetting manhole to
manhole as follows: (i) Invoice No. 111537 in the amount of One Thousand One Hundred Twenty-Five and
no/100 Dollars ($1,125.00); and (ii) Invoice No. 111552 in the amount of One Thousand Four Hundred
Sixty-Two and 50/100 Dollars ($1,462.50); said statements being in the aggregate amount of Two
Thousand Five Hundred Eighty-Seven and 50/100 Dollars ($2,587.50).
There was next presented a statement from B&W Co., Inc. for stripping crossbars and pedestrian
crossing signs, Invoice No. 21490 in the amount of One Thousand Six Hundred Thirty-Six and 25/100
Dollars ($1,636.25).
There was next presented a statement from Trekk Design Group for siphon services, Invoice No.
19-000822 in the amount of One Thousand Six Hundred Seventy-Seven and 21/100 Dollars ($1,677.21).
There were next presented statements from Royal Lawns Inc. for landscape maintenance as
follows: (i) Invoice No. 6208 in the amount of Two Hundred Twenty and no/100 Dollars ($220.00);
(ii) Invoice No. 6239 in the amount of Eight Hundred Twenty-Five and no/100 Dollars ($825.00); (iii) Invoice
No. 6288 in the amount of Six Thousand Nine Hundred Forty-Five and no/100 Dollars ($6,945.00); and
(iv) Invoice No. 6317 in the amount of Three Hundred and no/100 Dollars ($300.00); said statements being
in the aggregate amount of Eight Thousand Two Hundred Ninety and no/100 Dollars($8,290.00).
There was next presented a statement from Kildow Construction Inc. for grout and grind invert of a
manhole, Invoice No. 1279 in the amount of Three Hundred and no/100 Dollars($300.00).
There were next presented statements from Utilities Service Group for sewer work as follows:
(i) Invoice No. 13603 in the amount of Five Hundred and no/100 Dollars ($500.00); and Invoice No. 13649 in
the amount of Five Hundred and no/100 Dollars ($500.00); said statements being in the aggregate amount
of One Thousand and no/100 Dollars($1,000.00).
There was next presented a statement from Boice Landscaping, Invoice No. 3273 in the amount of
Five Thousand Nine Hundred Eighty-Two and 38/100 Dollars ($5,982.38). Payment of this invoice and
issuance of the warrants was not approved by the Board.
There were next presented statements from the Douglas County Engineer as follows: (i) invoice
dated September 23, 2019 for no parking signs in the amount of Five Hundred Eighty and no/100 Dollars
($580.00); and (ii) invoice dated October 1, 2019 for crosswalk raising in the amount of One Hundred Forty-
One and no/100 Dollars ($141.00); said statements being in the aggregate amount of Seven Hundred
Twenty-One and no/100 Dollars ($721.00).
There were next presented statements from One Call Concepts, Inc. for line locating services as
follows: (i) for the month of September, 2019, Invoice No. 9090620 in the amount of Eleven and 53/100
Dollars ($11.53); and (ii) for the month of October, 2019, Invoice No. 9100618 in the amount of Eleven
and 92/100 Dollars ($11.92); said statements being in the aggregate amount of Twenty-Three and 45/100
Dollars ($23.45).
There was next presented a statement from Account On Us for bookkeeping services, Invoice
No. 16911 in the amount of Four Hundred Twenty and no/100 Dollars ($420.00).
There was next presented a statement from The Harry A. Koch Co. for general liability insurance
policy renewal, Invoice No. 158400 in the amount of One Thousand Five Hundred Sixty-Four and no/100
Dollars ($1,564.00).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District
for services rendered as follows: (i) from July 15, 2019 through August 11, 2019, Invoice No. 148673 in the
amount of One Thousand Four Hundred Sixty-Two and 99/100 Dollars ($1,462.99); (ii) from August 12,
2019 through September 8, 2019, Invoice No. 149058 in the amount of One Thousand Three Hundred
Eighteen and 76/100 Dollars ($1,318.76); and (iii) from September 9, 2019 through October 13, 2019,
Invoice No. 149358 in the amount of One Thousand Six Hundred Sixteen and 36/100 Dollars ($1,616.36);
said statements being in the aggregate amount of Four Thousand Three Hundred Ninety-Eight and 11/100
Dollars($4,398.11).
There were next presented statements from Omaha Public Power District with respect to Account
No. 0854192562 for services from August 30, 2019 through October 29, 2019 in the aggregate amount of
Eight Thousand Five Hundred Thirty and 70/100 Dollars ($8,530.70).
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. 476 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby are authorized and directed to execute and
deliver Warrant Nos. 7848 through 7863 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 November 27, 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 No. 7848, for the amount of Two Thousand Five Hundred
Eighty-Seven and 50/100 Dollars ($2,587.50), payable to Backlund
Plumbing, Inv. 111537, 111552.
Warrant No. 7849, for the amount of One Thousand Six Hundred
Thirty-Six and 25/100 Dollars ($1,636.25), payable to B&W Co., Inc., Inv.
21490.
Warrant No. 7850, for the amount of One Thousand Six Hundred
Seventy-Seven and 21/100 Dollars ($1,677.21), payable to Trekk Design
Group, Inv. 19-000822.
Warrant No. 7851, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 7852, for the amount of Three
Thousand Two Hundred Ninety and no/100 Dollars ($3,290.00), payable to
Royal Lawns Inc., Inv. 6208, 6239, 6288, 6317.
Warrant No. 7853, for the amount of Three Hundred and no/100
Dollars($300.00), payable to Kildow Construction Inc., Inv. 1279.
Warrant No. 7854, for the amount of One Thousand and no/100
Dollars ($1,000.00), payable to Utilities Service Group, Inv. 13603, 13649.
. a
Warrant No. 7855, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 7856, for the amount of Nine
Hundred Eighty-Two and 38/100 Dollars ($982.38), payable to Boice
Landscaping, Inv. 3273. Payment of this invoice and issuance of the
warrants was not approved by the Board.
Warrant No. 7857, for the amount of Seven Hundred Twenty-One
and no/100 Dollars ($721.00), payable to the Douglas County Engineer,
Inv. dtd 09/23/19, 10/01/19.
Warrant No. 7858, for the amount of Twenty-Three and 45/100
Dollars ($23.45), payable to One Call Concepts, Inc., Inv. #9090620,
9100618.
Warrant No. 7859, for the amount of Four Hundred Twenty and
no/100 Dollars ($420.00), payable to Account On Us, Inv. 16911.
Warrant No. 7860, for the amount of One Thousand Five
Hundred Sixty-Four and no/100 Dollars ($1,564.00), payable to The
Harry A. Koch Co., Inv. 158400.
Warrant No. 7861, for the amount of Four Thousand Three
Hundred Ninety-Eight and 11/100 Dollars ($4,398.11), payable to E & A
Consulting Group, Inc., Inv. 148673, 149058, 149358.
Warrant No. 7862, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 7863, for the amount of Three
Thousand Five Hundred Thirty and 70/100 Dollars ($3,530.70), 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
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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 discussed the request of the City of Omaha Parks Department to extend the
term of the Interlocal Agreement for Whitehawk Park soccer and softball fields. After much discussion, the
Clerk indicated that she would reach out to several organizations to determine their interest in using the
fields. After determining the interest, further information would be presented to the Board for discussion.
John Bachman reported to the Board regarding the sewer back-ups that have recently occurred at
one residence within the District. The engineers have reviewed the situation and were puzzled by the
second back-up. No clear reason for the second back-up was obtained. The engineers will continue to
periodically review the manhole in which the back-up has occurred.
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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.
Maria A. Michaelis , 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 November 27, 2019 meeting.
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