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Board of Trustees Regular Meeting

December 7, 2016

The Village of Elmwood Board of Trustees met in Regular Session with Trustees Anderson, Baer, Krass, and Wray present with Chairperson Wilhelm presiding. The meeting was called to order at 7:00 p.m. Chairperson Wilhelm declared the “Open Meeting Act” posted. All signed the “Notice of Acknowledgement of Meeting”. Visitors present included Jack Hovick, Brad Johnson, Terry Bevans, Jason Bevans, Rebecca Schademann, Brook Aken, Rian Harkins, Gonzalo Romero, and Ryan Anderson.

Motion by Wray to approve the minutes of the November 16, 2016 Village of Elmwood Board of Trustees meeting as presented; second by Anderson. Vote: Yes: All, No: None, Abstain: Krass; Motion approved.

REPORTS OF BOARDS, COMMISSIONS, AND COMMITTEES: Streets: Christmas lights up; snow removal x 1.5 hr; ditch excavated on N 6th; and culvert replaced on East E/5th St. Park: Posts next to basketball court were pulled up by vandals; will take to storage. Library: No Report. Water: November Water Usage: Pumped 1,464,000; Treated 1,300,000; Wasted RO 164,000; Daily Usage 48,000; Nitrates 4.9. The C Street valve will be used at D Street. Sewer: WNL. Planning/Zoning: No Report.

Unfinished Business: Trail Ridge Project Update – The 8” water lines were installed from E St to B St. Pressurized testing of the line up to 150 psi held for two hours; disinfection of the line per State guidelines with chlorination and sampling. Small retention pond complete. Storm sewer install next week after dirt fill has been brought in to site and compacted. Terry and Jason Bevans expressed concerns regarding B Street mud and the removal of a tree. Rock will be placed on the road on an as needed basis. Motion by Krass to approve the purchase of rock for B Street as needed; second by Baer. RCV: Yes: All, No: None. Motion approved. Rebecca Schademann, Brook Aken, and Rian Harkins representing Cass County Economic Development, OPPD, and SENDD presented information regarding grants available for downtown revitalization with lighting, street paving, sidewalks, and infrastructure. The Village would apply to become a “leadership community”; need to show strategic planning and importance of downtown revitalization. SENDD is available for grant writing; grants should include: need, readiness, and a plan. NE Digging Services will be contacted for an estimate of drainage work in alley south of 213 West F Street.

New Business: Fence Permit 117 South 2nd St (Romero) – Motion by Krass with second by Baer to approve the building permit for a fence at 117 South 2nd Street. Motion approved. Building Permit by Don Johnson Homes for Trail Ridge Development Lot 1 Block 2 – Motion by Krass with second by Wray to approve the building permit for Don Johnson Homes, Trail Ridge Development Lot 1 Block 2. Motion approved. RESOLUTION NO. 12072016.1: A RESOLUTION PROVIDING FOR ISSUANCE OF 2016 PAVING BONDS: BE IT RESOLVED BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF ELMWOOD, NEBRASKA: Section 1. Bond Amount. That the Village of Elmwood, NE issue its Paving Bonds to be known as Paving Bonds of 2016 in the principal amount of $290,000.00 to bear interest at the rate of 3.00% per annum, payable monthly, accruing from the date funds are received by the Village. Such principal proceeds may be received in multiple advances upon request of the Chairman or Village Clerk to the Bond holder, not to exceed the amount shown. Said Bond shall be in a single denomination of such amount, with principle being subject to mandatory redemption payable as set forth on the following schedule: Payments of $5,000.00 per month, beginning on 01/01/2017, in payment of accrued interest and principle reduction and on the first of each month thereafter until the entire principle balance is paid. Section 2. Prepayment. All or part of said bond may be paid early by said Village at any time hereafter without penalty. The interest rate of 3.00% is deemed to be the lowest rate at which said bonds can be disposed of at par. Section 3. Authority. The Chairman of the Board is hereby authorized and directed to execute said bonds in the name of and on behalf of the Village of Elmwood, and the Village Clerk shall be the registrar and paying agent for the bond pursuant to Nebraska law relating to municipal obligations. The Village certifies it has complied with Nebraska law relating to general street improvement projects. Section 4. Pledge of Revenues. The Chairman, Clerk, and Board of Trustees of the Village of Elmwood are hereby authorized and directed to collect motor vehicle taxes and motor vehicle fuel tax revenues from the Nebraska Highway Allocation Fund, or other state or federal funds, and apply the revenues to payment hereof. All such tax revenues are hereby pledged to the faithful performance of the obligations herein as authorized by Nebraska Revised Statutes Section 39-2520. In addition, the Village hereby covenants with the holder of said bonds to annually levy ad valorem taxes in an amount sufficient to meet the interest and principal payments not satisfied by other revenues of the Village, up to the limits allowed by law. Section 5. NOT PRIVATE ACTIVITY BONDS. The Bonds are being issued for essential governmental purposes of the Village and are not “private activity bonds” as described in the Internal Revenue Code of 1986 (“the Code”). The Village certifies that none of the proceeds of the Bonds will be used to acquire property for which any person will be a user other than as a member of the general public, and no proceeds will be used to make or finance loans to any person, except as allowable for lawful special assessments permitted as an exception under the Code. Section 6. QUALIFIED TAX EXEMPT ORGANIZATIONS. The Village certifies and warrants that it will not issue more than $10 million ($10,000,000.00) of tax exempt obligations during the calendar year in which the Bonds are issued. The Village hereby designates said Bonds as its “qualified tax exempt obligations” and shall operate to reduce the amount of future qualified tax exempt obligations which may be issued during said calendar year. This shall be construed and interpreted so that said Bonds comply with Code provisions allowing interest thereon to be exempt from income taxation for financial institutions. Section 7. NOT ARBITRAGE BONDS. The Village certifies that, in such calendar year, it does not anticipate issuance of bonds, notes or other tax exempt obligations in an amount exceeding $5 million ($5,000,000.00), and the Village will not intentionally use any portion of the proceeds of the Bonds to acquire higher yielding investments or replace funds which were used directly or indirectly to acquire higher yielding investments. The Village covenants that it will take all actions necessary to preserve the tax-exempt status of interest on the Bonds under the Code. Section 8. This resolution is passed and said Bonds are issued under authority granted by Nebraska Revised Statute Sections 17-229 to 17-231, and 18-2001 to 18-2003 and 39-2520 (Reissue 2007), shall take effect and be in force after its passing and execution as provided by law. Passed and approved this 7th day of December, 2016. RCV: Yes: All, No: None. Motion approved. CERTIFICATE OF CORPORATE RESOLUTION FOR BANKING TRANSACTIONS – RESOLUTION NO. 12072016.2. I, Connie Carlton, do hereby certify that I am secretary of the Village of Elmwood, a municipal corporation organized under the laws of the State of Nebraska, (the “Corporation”), and that the following is a true copy of a resolution adopted at a meeting of the Board of Trustees of said Corporation duly held on December 7, 2016 at which a quorum was present; and that said resolution shall be in full force and effect from and following the passage and publication hereof as required by law. RCV: Yes: All, No: None. Motion approved.

Presentation of Claims for Payment: 4th Street Market $404.65 (Supplies); Edward Blunt $9.31 (Supplies); Cass County Refuse $65.00 (Nov Refuse Service); Columbus Telegram $22.73 (Minutes Publication); Connie Carlton $42.38 (Postage); Cornhusker Press $99.70 (Pet Licensing Supplies); Cornhusker State Industries $167.40 (Street Supplies); Elmwood Public Library (Dec Monthly Allotment); HD Supply Waterworks $144.70 (Meter Supplies); Jacob Blunt $470.97 (Tech/Printer Purchase); Meeske Ace Hardware $43.09 (Supplies); Mid-American Research Chemical $391.92 (Sewer Supplies); Nate Raterman $150.00 (Deposit Reimbursement); Nebraska Digging Services $2,900.00 (Culvert Replacement/Excavating); Nebraska Rural Water Assn. $150.00 (2017 Membership Renewal); NMPP $1,993.00 (UB Software); Office Depot $420.56 (Office Supplies); OPPD $2,988.34 (Oct-Nov Electricity); Payroll $3332.09; Randy

Bornemeier $1,260.00 (Sludge Hauling); US Postal Service $298.00 (Postage); Windstream $137.16 (Oct-Nov Telephone). Motion by Wray to approve the claims as presented for payment; second by Anderson. RCV: Yes: All, No: None. Motion approved.

There being no further business, the village board meeting was adjourned at 8:55 p.m.

A true and complete copy of the above minutes is available at the Village Clerk’s Office during regular business hours.

_________________________________             ____________________________________

Connie Carlton, Clerk/Treasurer                             Curt Wilhelm, Chairperson

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