RES 2013-1003 - Agmt with SID 404 for interceptor sewer construction Ao it�� 1 l_ t l_, r
� 's� Public Works Department
®WP4s{"' , ,, , Omaha/Douglas Civic Center
ri� 1 �^ July 23 2013 ` 1819 Farnam Street,Suite 601
o "` " 4° Omaha,Nebraska 68183-0601
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Og1TF�FEBRr4 Y C! ; (402)444 5220
` Fax(402)444-5248
City of Omaha ! Robert G. Stubbe, P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Interceptor Sewer Reimbursement Agreement between
Sanitary and Improvement District (S.&I.D.) 404 of Douglas County, Nebraska and the City of
Omaha.
This agreement allows for the reimbursement to S.&I.D.404 from the City for the construction of an
interceptor sewer. The amount to be reimbursed to the S.&I.D. is $285,901.27 and shall be paid
from the Interceptor Sewer Construction, Organization 116921, Fund 12133.
The Public Works Department requests your consideration and approval of the attached Resolution
and Subdivision Agreement.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
0,-e-t4'-'11;to& o 7-i - /3 4,
d 1 ��t 7 1 z//3
0Robert Stubbe, P.E. Date ___ --
ames R. Thele Date
Public Works Director Acting Planning Director
Approved as to Funding: Referred to City Council for Consideration:
—SL-45,,----- --1Zt —7/(5)a
-5➢ Allen Herink Date Mayor's Office Date
Acting Finance Director
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INTERCEPTOR SEWER REIMBURSEMENT AGREEMENT
FOR SID 404, INDIAN CREEK
This agreement is made as of this day of 2013,
pursuant to the Interlocal Cooperation Agreement Act, Section 13- 1 thro gh 13-807 of the
Revised Statutes of Nebraska, 1943 (Reissue of 1991) between THE Y OF OMAHA, a
Municipal Corporation in the State of Nebraska (herein referred to as "City"), and SANITARY
AND IMPROVEMENT DISTRICT NO. 404 of DOUGLAS COUNTY, NEBRASKA, (hereinafter
referred to as "SID").
WHEREAS, the City has previously employed HDR, consulting engineers, to prepare a
study of Omaha's future and present sanitary sewer system which resulted in a study known as
"Sanitary Interceptor Sewer Master Plan, Papillion Creek Watershed, Omaha, Nebraska 1979"
and revised in 1990, 1993, 1997, 2000, 2003, 2005, and 2009 (herein referred to as the "Study");
and
WHEREAS, on May 19, 2009, the City Council of the City of Omaha approved the City of
Omaha's Master Plan, Sanitary Interceptor Sewer Element which adopted the Study with such
modification and inter alia established new sewer connection fees for all properties lying outside
the City limits of Omaha and outside Zones A, B, and C of the Urban Development Policy; and
WHEREAS, the purpose of such new construction fees is to establish Interceptor
Sanitary Sewer Improvement Fund for the purpose of building new Interceptor Sanitary Sewers
and for the purchase of existing interceptor-sized sewers called for in the Study; and
WHEREAS, Gottsch Land Company ("Subdivider"), District, Gottsch Enterprises, a
Nebraska general partnership, and the City of Elkhorn, then a municipal corporation in the State
of Nebraska, entered into a Subdivision Agreement on May 10, 1997, which specified that the
District would provide funding to the City of Elkhorn to construct a sewer (identified in the Study
as Link#358) to serve the Indian Creek subdivision; and
WHEREAS, SID 404 paid to the City of Elkhorn the full cost to construct the sewer,
$364,211.27, and the City of Elkhorn caused construction of said sewer; and
WHEREAS, the terms of the Subdivision Agreement stipulated that the City of Elkhorn
would collect a per-lot fee for all subsequent developments which would be served by Link#358;
and
WHEREAS, the City of Elkhorn collected $78,310 from subsequent developments and
paid that amount to SID 404; and
WHEREAS, the City of Elkhorn was annexed by the City of Omaha, and as the
successor the obligations set forth in the Subdivision Agreement became those of the City of
Omaha; and
WHEREAS, the District agrees to release all of the City's obligations contained in the
Subdivision Agreement pertaining to the reimbursement to the District for the sewer
construction, in exchange for a one-time payment by the City to the District from the City's
Interceptor Sewer Improvement Fund in the amount of $285,901.27, an amount which reflects
the sewer original construction cost less prior reimbursements.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
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following is agreed between the parties hereto:
1. Reimbursement Procedures:
A. District has expended $364,211.27 to build an Interceptor Sewer (Link #358)
contained in the Study, of which $285,901.27 is still owed the District after
previous partial reimbursements. The City shall reimburse the District the
remaining amount, $285,901.27, within 30 days of City approval of this
agreement and Public Works Department acceptance.
B. The parties acknowledge that the source of reimbursement shall be limited to the
Interceptor Sewer Improvement Fund only, and the District will not look to the City
for any other grant, reimbursement, or annexation.
C. Upon receipt of District monies, the District shall forthwith deposit the funds in the
District's construction account to be used by the District, in the exercise of sound
business judgment, to redeem construction fund warrants. The reimbursement
funds received may be placed in a separate escrow account or commingled with
other funds in the District's construction fund, but shall be separately accounted
for in the records maintained by the Board of Trustees in the District's audit.
D. Upon payment by the City, the City shall be granted and they shall accept control
and continue operation of the facility including, but not limited to, the right to
establish fees to be charged to others for connection to the sewer lines. All such
connection fees shall inure to the City, but shall be deposited in the Interceptor
Sewer Improvement Account. The District shall convey by proper legal
instrument all its right, title, and interest in such improvements to the City.
2. Release. The District has, via a separate document, agreed to the full terms of its
release of all claims and indemnification, which release is incorporated this reference
herein.
3. Easement and Right-of-Way. All right-of-way and or easements have been
dedicated or granted by the Subdivider on the plat for Indian Creek or obtained in the
name of the City of Elkhorn (subsequently annexed by Omaha) and the District.
4. Nonsolicitation Provisions. The District warrants that it has not employed or retained
any company or person, other than a bona fide employee or known working for the
District, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than a bona fide employee or known agent working for
the District, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award of making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
annul this Agreement without liability. The prohibition provided for herein shall not
apply to the retention of an attorney or other agent for the purpose of negotiation of
the provisions of this Agreement where the existence of such agency has been
discussed to the City.
5. Miscellaneous Provisions. The District expressly agrees that it is and shall be:
A. Bound by and to any provision of any ordinances, rules, and regulations hereafter
made and adopted by the City applicable to Sanitary and Improvement Districts
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whose sewers connect directly or indirectly with or into sewers or sewerage
systems of the City.
B. Bound by any terms and provisions which by ordinances, resolution, or rule of the
City shall contract with Sanitary and Improvement Districts or in order to permit or
continue the discharge of any sewage from Sanitary and Improvement Disctricts
to flow into or through any part of the sewer or sewerage systems of the City.
6. Nondiscrimination. The District shall not, in the performance of this Agreement,
discriminate or permit discrimination against any person because of race, sex, age,
or political or religious opinions or affiliations in violation of federal or state laws or
local ordinances.
7. Applicable Law. This Agreement shall be interpreted in accordance with the
Nebraska law.
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IN WITNESS WHEREOF, we the contracting parties, by our respective duly authorized agents,
hereby enter into this Agreement, effective on the day and year first above written.
ATTEST: CITY OF OMAHA
By / B6,& _ - /3r/i0
C L K ATE MAYOR DE'TE
ATTEST: SANITARY AND IMPROVEMENT
DISTRIC :. 44 OF DOUGLAS
COUNT , NEBRA KA
„Al
BY 7e,4„/:„ By ' /A��
CLERK DATE CHAIR 1 l e A TE
APPROVED AS TO FORM
Li? 7 -18
ASSISTANT CITY ATTORNEY
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Gottsch Land Co., a Nebraska corporation, has built a subdivision
known as Indian Creek located northeast of 195th Street & West Maple Road; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.)404 was formed to build
public improvements in this subdivision, specifically a sanitary interceptor sewer; and,
WHEREAS, the sanitary interceptor sewer constructed by the District has been
included in the update to the Sanitary Interceptor Sewer Element of the Master Plan as Link#358;
and,
WHEREAS, in lieu of a per-lot reimbursement originally agreed to by the City of
Elkhorn, the District requests a one-time reimbursement for the construction and associated costs;
and,
WHEREAS, an Agreement has been prepared setting forth all the provisions
mentioned above.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Interceptor Sewer Reimbursement Agreement between the City of Omaha
and Sanitary and Improvement District 404 of Douglas County,Nebraska,as recommended by the
Mayor,providing for the reimbursement for Interceptor Sewer Construction is hereby approved. The
City shall reimburse S.&I.D. 404 the amount of $285,901.27 from the Interceptor Sewer
Construction, Organization 116921, Fund 12133. The sewer is identified as Link #358 in the
Sanitary Sewer Element of the Master Plan and is located south of 195th Street&West Maple Road.
P:\rah\1112rah.doc APPROVED AS TO FORM:
„CITY ATTORNEY DATE
By..4lr�p <al
Councilmember
Adopted JUL 2 3 2013 -a
'ty Clerk 7 a5/8
Approved
Mayor
-61
NO. / 03 S
Resolution By
Res. that, the Interceptor Sewer
Reimbursement Agreement between the City
of Omaha and Sanitary and Improvement
District 404 of Douglas County,Nebraska,as
recommended by the Mayor,providing for the
reimbursement for Interceptor Sewer
Construction is hereby approved. The City
shall reimburse S.&I.D. 404 the amount of
$285,901.27 from the Interceptor Sewer
Construction, Organization 116921, Fund
12133. The sewer is identified as Link#358
in the Sanitary Sewer Element of the Master
Plan and is located south of 195`" Street &
West Maple Road.
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Presented to City Council
JUL 2 3 2013
Adopted
City Clerk