RES 2014-0258 - Agmt with Bennington Suburban Fire Protection District #7 op4AHA,
Finance Department
; Omaha/Douglas Civic Center
1819 l'arnam Street,Suite 1004 qiinv)**«,
nh Omaha,Nebraska 68183-1004
o aE ,�' (402)444-5417
oR 4 Telefax(402) 546-1150
47ED FEBR
Stephen Curtiss
City of Omaha ` Finance Director
Jean Stothert,Mayor
Allen Herink
City Comptroller
Honorable President
and Members of the City Council,
The attached Resolution would approve an agreement between the City of Omaha and the
Bennington Rural Fire Protection District No. 7, providing for an equitable adjustment of all
matters growing out of Omaha's August 27, 2012, annexation of portions of the said District.
Nebraska state law provides that upon a city's annexation of part of a fire protection district,
assets and liabilities of the district must be equitably divided between the city and the district.
The attached Agreement would provide for an equitable adjustment of all matters growing out of
the said annexations. As shown on Exhibit B of the Agreement, the adjustment would involve
payment by the City to the District of $19,923.00, to compensate for the City's taking of
property valuation from the District. The payments will be made from the Debt Service Fund
No. 14111, Debt Service Organization No. 120025, Annexed Area Liabilities Account No.
46313. This Agreement will be subject to further approval by the Douglas County District
Court.
Your favorable consideration of this Resolution is respectfully requested.
Approved as to funding: Referred to City Council for consideration:
//
15 -14
tephe . Curtiss ate Mayor' ffice Date
Finance Director
P\LAW-CITY COUNCIL DOCUMENTS\2014\30018d1m
AGREEMENT
THIS AGREEMENT made and entered into the date indicated below, by and between the
CITY OF OMAHA, a municipal corporation in Douglas County, Nebraska (hereinafter "City"),
and the BENNINGTON RURAL FIRE PROTECTION DISTRICT #7, a political subdivision in
Douglas County,Nebraska(hereinafter"District").
WHEREAS, the District is a rural fire district organized under the provisions of NEB.
REv. STAT. §§ 35-501 et seq.; and
WHEREAS, on August 27, 2012, Omaha City Council Ordinance No. 39389 became
effective, under which the City annexed part but not all of the territory within the District; and
WHEREAS, the territory annexed by the City under the said ordinances shall be
collectively referred to herein as "the Annexed Territory."
WHEREAS,NEB. REv. STAT. § 31-766 requires that an adjustment be made between the
parties of all matters growing out of the annexation of a portion of the territory of a rural fire
protection district; and
WHEREAS, the parties have agreed to an equitable adjustment of all matters growing out
of the said annexation.
NOW, THEREFORE, it is agreed between the parties as follows:
1. The boundaries of the District shall be changed so as to exclude the Annexed
Territory. That Annexed Territory, to be excluded from the boundaries of the District, is
described and generally depicted on the copy of the said ordinance attached as Exhibit"A."
2. The District represents and warrants that the amounts of its outstanding bond
principal and bond cash/liquid assets are as stated on the spreadsheet attached as Exhibit "B," as
of the dates stated therein.
4. Following the said annexation, the assets and liabilities of the District must be
equitably distributed between the District and the City. This equitable distribution shall be fully
accomplished by the City's payment to the District as follows:
$19,923.00, for the August 27, 2012 annexation
The calculation of this payment is set forth on the attached Exhibit"B."
5. The District shall place the moneys received under paragraph 4 into a segregated
fund, and the said moneys shall be used to retire the District's bond principal debt at the earliest
opportunity.
6. This equitable distribution and the calculations comprising it are intended to be
binding only as to the specific annexation listed in this Agreement, and are not meant to serve as
a precedent for any future distributions or calculations arising from any future annexations. Each
party reserves all rights and waives no claims or defenses as to distributions or calculations for
any future annexations.
7. This Agreement shall be submitted to the District Court of Douglas County,
Nebraska, for approval. Upon the order of the said court approving the Agreement, the
Agreement shall become effective and the Annexed Territory described herein shall be excluded
from the District as provided by law, and the District's boundaries shall be changed accordingly.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date indicated below.
- 2 -
CITY OF OMAHA, a municipal corporation
Mayor
Da e
Y
ATTEST:
r
h
Q City erk C
BENNINGTON RURAL FIRE
PROTECTION DISTRICT#7
4cso9og1111'
Chn Date
ATTEST:
ii ailli NA L ,e0d
Secretary )( ( *-4
APPROVED AS TO FORM:
11 -,74
--7`r.3 /-•
Deputy City Attorney
- 3 -
Standing Bear (SID 416)
Exhibit A
17
a®
:::�.: •
: L.a:u:re;l...-
:::::. Hi:meba.'.:s tr
•
... ......
:' .....:: . .. .e:$SLe::::. ..
, • �':.
L X � AREA : , :Tuna. o' •
I
Ill ANNEXED op • . •
fi H
feria
Ave •Y
:: :. : :: :::::Mr,
. O ....L,.:. :::_ ..
.......... ..... : :: : .... . . .. fir: e
.s. .•:7:....::.•:.'S... ..:1:1;;P H. .41.4.•::.:;:. I.
."1'..:r.).:19 ......... :: ..
.$.I.C. (..At • es7iii4::.
Area: 33.1 Acres Date Passed: - July 17, 2012
Population: 347 Date Effective: - August 27, 2012
Valuation: $28,025,990 Ordinance Number: - 39389
......... Omaha Limits
< Proposed Annexation Area
N
I
W—.(J— E
S
AREA TO BE ANNEXED IS SHADED
August 27,2012 Annexation package
Fire District certified valuation 2012 1,160,686,770
Annexation of 1 parcel 8/27/2012 28,025,990
Annexation valuation percentage of District valuation 2.4146%
Bond Principal outstanding on 6/30/2012 2,225,000.00
Bond Cash/Liquid Assets on 6/30/2012 (1,399,895.67)
District Bond liability balance* 825,104.33
*principal-bond cash/liquid assets-prior settled annexations=liability balance
City's pro rata portion of District Bond liability balance 19,923.00
EXHIBIT
Q
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,on August 27,2012,Omaha City Council Ordinance No.39389 became
effective, under which the City annexed part but not all of the territory within the Bennington
Suburban Fire Protection District#7 ("District"); and,
WHEREAS,Nebraska Revised Statute Section 31-766 requires that upon annexation
of a portion of a fire protection district,the district and the city must agree to an equitable division of
the assets and liabilities of the divided district,subject to review and approval by the district court for
the county; and,
WHEREAS, the City and the District have agreed to an equitable adjustment of all
matters growing out of the said annexation, as reflected in the Agreement that is attached and
incorporated by this reference herein.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the attached Agreement between the City of Omaha and the Bennington
Suburban Fire Protection District No. 7,providing for an equitable adjustment of all matters between
those entities growing out of the City of Omaha's annexation effective August 27, 2012, be and
hereby is approved;the Mayor is authorized to execute, and the City Clerk to attest on behalf of the
City of Omaha, the said Agreement; and that pursuant to the Agreement the Finance Department
issue payment to the District in the amount of$19,923.00, said funds to be paid from the Debt
Service Fund No. 14111,Debt Service Organization No. 120025,Annexed Area Liabilities Account
No. 46313. IAPP OVED AS TO FORM:
[7 ---- - 2-7 '/a-
DEPUTY CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2014\30019d1m
By rt6iAtneG.
Couucilmember
Adopted B..2.5.. -0
.#2.a'it--
4X t rk 29//
Approved.,jiLAL..,J
Mayor
NO. ... C�
Resolution by
Res. that the attached Agreement between the
City of Omaha and the Bennington Suburban
Fire Protection District No. 7,providing for an
equitable adjustment of all matters between
those entities growing out of the City of
Omaha's annexation effective August 27,2012,
be and hereby is approved; the Mayor is
authorized to execute, and the City Clerk to
attest on behalf of the City of Omaha, the said
Agreement; and that pursuant to the Agreement
the Finance Department issue payment to the
District in the amount of$19,923.00,said funds
to be paid from the Debt Service Fund No.
14111,Debt Service Organization No. 120025,
Annexed Area Liabilities Account No. 46313.
P\LAW-CITY COUNCIL DOCUMENTS\2014\30019d1m
Presented to City Council
FEB 252014
Adopted -J
ettiter erowri
City Clerk