2020-02-19 SID 507 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 507
OF DOUGLAS COUNTY, NEBRASKA FEB
A meeting of the Board of Trustees of Sanitary and Improvement District No. 507 of Douglas
County, Nebraska, was convened in open and public session at 12:00 p.m. on the 19th day of February,
2020 at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Dennis Van Moorleghem, Steven Janicek, Leo Costanzo and Larry V. Morrison.
Also present were John Q. Bachman, attorney for the District and Ashish Poore, resident of the District.
Absent: Missy Turner.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
February 14, 2020, 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 were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There were next presented invoices from the City of Omaha for community park fees as follows:
(i) Invoice No. 177417 in the amount of Thirty-Two Thousand Four Hundred Ninety-Four and no/100 Dollars
($32,494.00) as set forth in the Subdivision Agreement between the District and the City of Omaha in 2004.
The Resolution of Necessity to enter into the Subdivision Agreement was adopted at the Board of Trustees
meeting held on December 27, 2004. A copy of the Proof of Publication is attached to these minutes and
incorporated herein by this reference; and (ii) Invoice No. 177418 in the amount of Thirty-One Thousand
Two Hundred Sixty-Eight and 14/100 Dollars ($31,268.14) as set forth in the Subdivision Agreement
between the District and the City of Omaha, dated June 5, 2007. The Resolution of Necessity to enter into
the Subdivision Agreement was adopted at the Board of Trustees meeting held on April 11, 2007. A copy of
the Proof of Publication is attached to these minutes and incorporated herein by this reference; said invoices
being in the aggregate amount of Sixty-Three Thousand Seven Hundred Sixty-Two and 14/100 Dollars
($63,762.14).
There was next presented a statement from First National Bank of Omaha for final pro-rated paying
agent fee for the five-month period ending May 31, 2019 with respect to the Certificates of Indebtedness
dated March 11, 2011, invoice dated December 31, 2019 in the amount of Four Hundred Seventeen and
no/100 Dollars($417.00).
There was next presented correspondence from Thompson, Dreessen & Dorner, Inc., engineers for
the District, presenting and recommending payment in favor of NL&L Concrete, Inc. with respect to 2019
Emergency Street Reconstruction, Payment Recommendation No. 1 in the amount of One Hundred Eighty-
Seven Thousand Seventy-Four and no/100 Dollars ($187,074.00).
There were next presented statements from Thompson, Dreessen & Dorner, Inc., engineers for the
District for services rendered in construction-related matters as follows: (i) May 20, 2019 through
September 1, 2019, Invoice No. 133485 in the amount of Seven Thousand Eight Hundred Thirty and 75/100
Dollars ($7,830.75); (ii) September 2, 2019 through December 8, 2019, Invoice No. 135130 in the amount of
Four Thousand Nine Hundred Twenty-Three and no/100 Dollars ($4,923.00); and (iii) December 9, 2019
through January 5, 2020, Invoice No. 135512 in the amount of One Thousand Two and no/100 Dollars
($1,002.00); said statements being in the aggregate amount of Thirteen Thousand Seven Hundred Fifty-
Five and 75/100 Dollars ($13,755.75).
There were next presented statements from TurfMaster Deluxe, Inc. for landscape service as
follows: (i) Invoice No. 19-12359 in the amount of One Thousand Two Hundred Fifty-Six and no/100 Dollars
($1,256.00); and (ii) Invoice No. Invoice No. 19-12451 in the amount of One Thousand Seventy-Five and
no/100 Dollars ($1,075.00); said statements being in the aggregate amount of Two Thousand Three
Hundred Thirty-One and no/100 Dollars($2,331.00).
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. 9090629 in the amount of Twenty-Three and
83/100 Dollars ($23.83); (ii) for the month of October, 2019, Invoice No. 9100627 in the amount of Sixteen
and 52/100 Dollars ($16.52); (iii) for the month of November, 2019, Invoice No. 9110621 in the amount of
Seven and 69/100 Dollars ($7.69); (iv) for the month of December, 2019, Invoice No. 9120618 in the
amount of Ten and no/100 Dollars($10.00); and (v) for the month of January, 2020, Invoice No. 0010619 in
the amount of Thirteen and 04/100 Dollars ($13.04); said statements being in the aggregate amount of
Seventy-One and 08/100 Dollars($71.08).
There was next presented a statement from O'Donnell, Ficenec, Wills & Ferdig, LLP, accountants
for the District for services rendered to December 31, 2019 with respect to the audit year ending June 30,
2019 and budget preparation for 2019 - 2020, Invoice No. 95990 in the amount of Seven Thousand Two
Hundred and no/100 Dollars ($7,200.00).
There was next presented a statement from The Harry A. Koch Co. for general liability insurance
policy renewal, Invoice No. 158407 in the amount of One Thousand One Hundred Twenty-Four and no/100
Dollars ($1,124.00).
There were next presented statements from Thompson, Dreessen & Dorner, Inc., engineers for the
District for miscellaneous engineering services rendered as follows: (i) August 1, 2019 through August 31,
2019, Invoice No. 133486 in the amount of Five Hundred Twenty-Five and no/100 Dollars ($525.00);
(ii) September 1, 2019 through September 30, 2019, Invoice No. 134056 in the amount of Five Hundred
Fifty-Five and no/100 Dollars ($555.00); (iii) October 1, 2019 through October 31, 2019, Invoice No. 134551
in the amount of Three Hundred Ninety and no/100 Dollars ($390.00); (iv) November 1, 2019 through
November 30, 2019, Invoice No. 135023 in the amount of Two Hundred Five and no/100 Dollars ($205.00);
and (v) December 1, 2019 through December 31, 2019, Invoice No. 135459 in the amount of Two Hundred
Sixty and no/100 Dollars ($260.00); said statements being in the aggregate amount of One Thousand Nine
Hundred Thirty-Five and no/100 Dollars($1,935.00).
There were next presented statements from Omaha Public Power District for streetlight service at
the 19200 "Y" Street location from August 29, 2019 through January 30, 2020 in the aggregate amount of
Ten Thousand One Hundred Thirty-Three and 62/100 Dollars ($10,133.62).
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. 507 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby authorized and directed to execute and deliver
Warrant Nos. 1838 through 1892 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 May 10 of each year) and to be redeemed no later than
February 19, 2025, 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. 1838 through 1849, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1850, for the
amount of Three Thousand Seven Hundred Sixty-Two and 14/100 Dollars
($3,762.14), payable to the City of Omaha Cashier, Inv. 177417, 177418.
Warrant No. 1851, for the amount of Four Hundred Seventeen
and no/100 Dollars ($417.00), payable to First National Bank of Omaha.
Warrant Nos. 1852 through 1888, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1889, for the
amount of Two Thousand Seventy-Four and no/100 Dollars ($2,074.00),
payable to NL&L Concrete, Inc.
Warrant Nos. 1890 and 1891, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1892, for the
amount of Three Thousand Seven Hundred Fifty-Five and 75/100 Dollars
($3,755.75), payable to Thompson, Dreessen & Dorner, Inc., Inv. 133485,
135130, 135512.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 507 of Douglas County, Nebraska, that the
Chairman and Clerk be and they hereby authorized and directed to
execute and deliver Warrant Nos. 1893 through 1901 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 six percent (6%) per annum and to be
redeemed no later than February 19, 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 No. 1893, for the amount of Two Thousand Three
Hundred Thirty-One and no/100 Dollars ($2,331.00), payable to
TurfMaster Deluxe, Inc., Inv#19-12359, 19-12451.
Warrant No. 1894, for the amount of Seventy-One and 08/100
Dollars ($71.08), payable to One Call Concepts, Inc., Inv #9090629,
9100627, 9110621, 9120618, 0010619.
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Warrant No. 1895, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 1896, for the amount of Two
Thousand Two Hundred and no/100 Dollars ($2,200.00), payable to
O'Donnell, Ficenec, Wills& Ferdig, LLP, Inv. #95990.
Warrant No. 1897, for the amount of One Thousand One Hundred
Twenty-Four and no/100 Dollars ($1,124.00), payable to The Harry A.
Koch Co., Inv. #158407.
Warrant No. 1898, for the amount of One Thousand Nine Hundred
Thirty-Five and no/100 Dollars ($1,935.00), payable to Thompson,
Dreessen & Dorner, Inc., Inv#133486, 134056, 134551, 135023, 135459.
Warrant Nos. 1899 and 1900, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 1901, for the
amount of One Hundred Thirty-Three and 62/100 Dollars ($133.62),
payable to Omaha Public Power District, Acct. No. 2400827834.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 507 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. 507 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. 507 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.
There were next presented receipts from the Douglas County Treasurer's office representing
deposits to the District's Bond Fund of various sewer connection fees from April 23, 2019 through
November 27, 2019, in the aggregate amount of Three Thousand Four Hundred Thirty-Six and 26/100
Dollars ($3,436.26).
There was next presented correspondence from Thompson, Dreessen & Dorner, Inc., engineers for
the District with respect to routine cleaning of the sanitary sewer mains throughout the District. The
Trustees requested that the engineers make arrangements for a complete cleaning for the entire District. In
1 �
the future, the sewer cleaning can be done over two years as proposed in the engineer's February 17, 2020
correspondence.
Ashish Poore, a resident of the District was present at the Board meeting to discuss the storm water
drainage in his back yard. He was concerned about the large amount of drainage through his back yard
which emptied into a storm sewer inlet in his back yard. It was explained that the storm sewer inlet was
designed to capture the water from a storm water drainage area and that the inlet could not be relocated.
He expressed concern regarding some settlement around the inlet and there was also discussion regarding
some possible private improvements that he could make to assist with his back yard drainage. The Board
requested that the engineers review any possible settlement around the drain and also requested Mr. Poore
to provide the District with any plans for private improvements that might affect the drainage in his back
yard.
It was also reported that the northwest corner of the sidewalk near 192nd and Adams had settled.
The Board requested the engineers inspect the area.
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SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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.
Steven Janicek, as Clerk for Sanitary and Improvement District No. 507 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 February 19, 2020, meeting.
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Steven Janice k,Zle'rk
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MINUTES OF MEETING
FEB 24 2020 AHI .52
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 476
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 19th day of February,
2020, at 10250 Regency Circle, Suite 300, Omaha, Nebraska.
Present were: Maria A. Michaelis, Seth V. Campbell and Philip Fennelly. Also present were
John Q. Bachman, attorney for the District and James C. Cripe, certificate of indebtedness holder.
Absent: Steven P. Ziemba and David Ward.
Notice of the meeting was given in advance thereof by publication in The Daily Record on
February 14, 2020, 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 were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from D.A. Davidson & Co. for annual municipal advisor fee,
invoice dated February 13, 2020 in the amount of Five Thousand and no/100 Dollars($5,000.00).
There were next presented statements from Royal Lawns Inc. for trash pickup as follows:
(i) Invoice No. 6419 in the amount of Two Hundred Eighty and no/100 Dollars ($280.00); and (ii) Invoice No.
6449 in the amount of Two Hundred Eighty and no/100 Dollars ($280.00); said statements being in the
aggregate amount of Five Hundred Sixty and no/100 Dollars ($560.00).
There were next presented statements from Utilities Service Group for monthly cleaning as follows:
(i) Invoice No. 13673 in the amount of Five Hundred and no/100 Dollars ($500.00); and (ii) Invoice No.
13767 in the amount of Five Hundred Fifty and no/100 Dollars ($550.00); said statements being in the
aggregate amount of One Thousand Fifty and no/100 Dollars($1,050.00).
There were next presented statements from One Call Concepts, Inc. for line locating services as
follows: (i) for the month of November, 2019, Invoice No. 9110612 in the amount of Eight and 85/100
Dollars ($8.85); (ii) for the month of December, 2019, Invoice No. 9120609 in the amount of Five and
39/100 Dollars ($5.39); and (iii) for the month of January, 2020, Invoice No. 0010611 in the amount of
Three and 08/100 Dollars ($3.08); said statements being in the aggregate amount of Seventeen and
32/100 Dollars ($17.32).
There were next presented statements from Lutz & Company, PC, accountants for the District as
follows: (i) final bill for completion of audited financial statements for the fiscal year ended June 30, 2019,
Invoice No. 254234 in the amount of Three Thousand Eight Hundred Fifty and no/100 Dollars
($3,850.00); and (ii) preparation of year end payroll tax returns and IRS Forms 1099 and 1096, Invoice
No. 254891 in the amount of Five Hundred Seventy and no/100 Dollars ($570.00); said statements being
in the aggregate amount of Four Thousand Four Hundred Twenty and no/100 Dollars ($4,420.00).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District
for services rendered as follows: (i) from October 14, 2019 through November 10, 2019, Invoice No.
149812 in the amount of Seven Hundred Ten and 57/100 Dollars ($710.57); and (ii) from November 11,
2019 through December 8, 2019, Invoice No. 150240 in the amount of One Thousand One Hundred
Twenty-Four and 60/100 Dollars ($1,124.60); said statements being in the aggregate amount of One
Thousand Eight Hundred Thirty-Five and 17/100 Dollars($1,835.17).
There were next presented statements from Omaha Public Power District with respect to Account
No. 0854192562 for services from October 29, 2019 through January 29, 2020 in the aggregate amount of
Twelve Thousand Seven Hundred Twenty-Four and 42/100 Dollars($12,724.42).
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. 7864 through 7872 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 February 19, 2023, 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. 7864, for the amount of Five Thousand and no/100
Dollars($5,000.00), payable to D. A. Davidson &Co., Annual M.A. Fee.
Warrant No. 7865, for the amount of Five Hundred Sixty and
no/100 Dollars($560.00), payable to Royal Lawns Inc., Inv. 6419, 6449.
Warrant No. 7866, for the amount of One Thousand Fifty and
no/100 Dollars ($1,050.00), payable to Utilities Service Group, Inv. 13673,
13767.
Warrant No. 7867, for the amount of Seventeen and 32/100
Dollars ($17.32), payable to One Call Concepts, Inc., Inv. 9110612,
9120609, 0010611.
Warrant No. 7868, for the amount of Four Thousand Four
Hundred Twenty and no/100 Dollars ($4,420.00), payable to Lutz &
Company, PC, Client No. 14136.1709.
Warrant No. 7869, for the amount of One Thousand Eight
Hundred Thirty-Five and 17/100 Dollars ($1,835.17), payable to E & A
Consulting Group, Inc., Inv. 149812, 150240.
s:
Warrant Nos. 7870 and 7871, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), and Warrant No. 7872, for the
amount of Two Thousand Seven Hundred Twenty-Four and 42/100
Dollars ($2,724.42), 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:
T f
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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.
There was next presented a receipt from the Douglas County Treasurer's office representing a
deposit to the District's bond fund for a reimbursement from the City of Omaha Community.Park Fund in the
amount of Two Hundred Eight Thousand and no/100 Dollars ($208,000.00).
Jim Cripe, a certificate of indebtedness holder was present at the meeting. There was a short
discussion with Mr. Cripe regarding the financial status of the District and any possible reimbursement from
the City of Omaha. Mr. Bachman reported that there were not sufficient funds available to make any
immediate distribution to the certificate of indebtedness holders at this time. He did indicate, however, that
the District recently received Two Hundred Eight Thousand and no/100 Dollars ($208,000.00) from the City
of Omaha Community Park Fund which was deposited into the bond fund account of the District.
The Trustees also discussed the request of the Copperfields Homeowners Association with respect
to tree replacement along the west side of Cleveland Boulevard from the "F" Street entrance. The Trustees
requested a proposal from the Copperfields HOA for the replacement and continued maintenance of any
proposed trees and landscaping.
At the request of the attorney for the District, at approximately 8:50 a.m., upon motion duly made
and seconded and all Trustees in favor, the Trustees entered into executive session to discuss possible
litigation matters.
At approximately 9:20 a.m., upon motion duly made and seconded and all Trustees in favor, the
Trustees ended the executive session.
The Clerk then presented for the consideration of the Trustees the Whitehawk Sports Complex SID
476 Management Agreement between the District and Millard United Sports. The Clerk was directed to
attach a copy of the Whitehawk Sports Complex SID 476 Management Agreement to the minutes of these
proceedings. After discussion of the Board, the following resolution was duly moved and seconded and
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upon a roll call vote the Trustees, Maria A. Michaelis, Seth V. Campbell and Philip Fennelly voted"Aye"with
none voting "Nay"thereby passing and adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 476 of Douglas County, Nebraska, that the Whitehawk Sports
Complex SID 476 Management Agreement between the District and
Millard United Sports, be ratified and approved as proposed.
FURTHER RESOLVED, that the Chairman and Clerk be, and hereby are,
authorized and directed to take such steps as are necessary to implement
this resolution, including the execution of such agreement for and on
behalf of the District.
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SIGNATURES APPEAR ON THE FOLLOWING PAGE]
S
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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 February 19, 2020 meeting.
ta3fld&oiJi
Maria A. Michaelis, Clerk