2020-10-08 SID 604 NOM (2)FULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 WEST CENTER ROAD
OMAHA, NEBRASKA 68144
SANITARY AND IMPROVEMENT DISTRICT NO. 604
OF DOUGLAS COUNTY, NEBRASKA
NOTICE
NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of
Sanitary and Improvement District No. 604 of Douglas County, Nebraska will
be held at 9:30 A.M. on October 8, 2020 at Kuehl Capital
Corporation, 14747 California #1, Omaha, Nebraska. The agenda for
such meeting, kept continuously current, is available for public review at the
office of the attorney at 11440 West Center Road, Omaha, Nebraska and
includes the payment of bills of the District and the consideration and passing
or amending and passing the following Resolution, to-wit:
BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement
District No. 604 of Douglas County, Nebraska find and determine that it is
advisable and necessary for the District to enter into an Underground
Service Agreement and Street Lighting Agreement with Omaha Public Power
District for the construction of an improvement within the boundaries of the
District or within dedicated easements acquired by the District, said
improvements to be designated as Country Aire 2 Underground Electrical
Service and shall be constructed as follows:
UNDERGROUND SERVICE AGREEMENT
OMAHA PUBLIC POWER DISTRICT, a public corporation and political subdivision of the
State of Nebraska ("OPPD") and SANITARY IMPROVEMENT DISTRICT NO. 604 of Douglas
County ("SID") agree as follows:
1. Installation of Facilities.
1.1 In accordance with the terms and conditions of this Agreement, OPPD shall install
underground electric service distribution lines, underground individual service lines, and related
equipment ("Facilities") to serve 47 single family dwelling units in the SID, also known as Country
Aire II, constructed or to be constructed on the individual lots listed on the attached Exhibit "A".
12 Underground service lines from underground distribution lines to individual lots or
dwelling units will be provided by OPPD from a point of connection on the dwelling unit to OPPD's
nearest point of power supply. Prior to or at the time of installation of the underground service line to
a lot or dwelling, the lot/dwelling owner or builder will be responsible for providing and installing a
service conduit from OPPD pedestal to the meter socket for every individual lot in the subdivision
per OPPD Meter Manual specifications.
2. Timing and Coordination.
2.1 Simultaneously with execution of this Agreement, SID shall provide to OPPD written
notice as to the earliest date that improvements within the SID will be ready for installation of the
Facilities ("Ready Date").
2.2 OPPD may commence installation of the Facilities anytime after the Ready Date,
provided all other conditions of this Agreement first have been met by SID.
2.3 In order to minimize construction costs and avoid disruption of the Facilities, OPPD
and SID agree that the Facilities shall be installed by OPPD in coordination with the installation
work of other service suppliers, including but not limited to cable television and telecommunications
suppliers (collectively, "Third Party Suppliers"). SID understands that OPPD will allow Third Party
Suppliers a reasonable period of time to commence installation of their facilities, but OPPD will not
unreasonably postpone installation of the OPPD Facilities addressed in this Agreement in order to
coordinate the installation work of Third Party Suppliers.
2.4 OPPD shall not be required to install the Facilities in sections smaller than deemed
economical by OPPD, in its sole discretion, and shall complete the installation of the Facilities only
to the point required to supply permanent electric service to constructed dwelling units built on lots
contained within the boundaries depicted on the attached Exhibit "A".
3. Site Preparation.
3.1 Prior to commencement of work hereunder by OPPD, SID shall, at its sole expense,
remove all trees, vegetation, and other surface or subsurface obstructions that may interfere with the
installation of the Facilities, or that may pose a hazard to the future maintenance of the Facilities, as
determined by OPPD in its sole discretion.
3.2 Prior to the commencement of work hereunder by OPPD, SE) shall complete the final
grading of all lots listed on Exhibit "A", and shall mark all lots with readily identifiable markers
(such as "T" posts and lot number indicators) satisfactory to OPPD. SID shall reimburse OPPD for
all costs incurred in the relocation of Facilities due to a change of grade or plat.
33 OPPD shall not commence installation of Facilities until the equipment of service
suppliers with which OPPD does not coordinate installation of the Facilities, including but not
limited to gas and water suppliers, has been installed; provided, however, at the written request of the
SID, OPPD will install the Facilities prior to completion of installation by the aforesaid suppliers
and, in such event, SID shall reimburse OPPD for damage to, relocation or replacement of the
Facilities arising from the installation of equipment by such suppliers and shall defend, indemnify
and hold harmless OPPD and its contractors and employees in connection therewith.
4. Service During Construction. If SID requires electric service during construction,
or if dwellings are constructed within the SID before commencement of installation of the Facilities
under the terms of this Agreement, then SID shall arrange for appropriate temporary facilities to
supply electric power at the OPPD installation rates then in effect, and shall pay OPPD for such
temporary facilities prior to the installation thereof
5. Payment.
5.1 Prior to commencement of installation of the Facilities, SID shall pay OPPD the sum
of $1350 per lot for each of the lots listed in Exhibit "A", for a total payment of $63,450.00. No
portion of this payment will be subject to refund by OPPD.
6. Property Rights.
6.1 SID shall grant to or secure for OPPD such easements or other property rights deemed
necessary by OPPD in its sole discretion for the installation, operation and maintenance of the
Facilities.
6.2 The easement (or other instrument) shall prohibit installation of any permanent
buildings, structures, trees, rock walls, retaining walls or other obstructions within the easement area.
The area within which the Facilities are installed may be used for gardens and shrubbery that do not
interfere with the operation and maintenance of the Facilities.
7. Interruption of OPPD Work. If, after notice of the Ready Date, the installation of
the Facilities is delayed due to a cause other than the fault of OPPD or a Force Majeure Event (as
hereinafter defined), then, for each such incident, SID shall pay to OPPD, as liquidated damages and
not as a penalty, the sum of $2,500 in order to compensate OPPD for interruption of its construction
forces.
8. Street Lighting. SID may request the installation of electric facilities by OPPD for
streetlights. OPPD and SID shall enter into a separate agreement for the installation of such facilities
upon approval by appropriate authorities and coordination of necessary pre-construction
requirements by SID.
9. Force Majeure. Neither party shall be responsible for delays in installation of the
Facilities that result from unforeseeable causes beyond the reasonable control of a party, including
but not limited to floods, labor disputes and material shortages ("Force Majeure Event"). A party
affected by a Force Majeure Event shall provide written notice thereof to the other party and take
reasonable steps to resume performance upon cessation of the Force Majeure Event.
10 Indemnification. To the maximum extent permitted by law, SID shall indemnify and
defend OPPD, and its directors, officers, and employees, from and against all claims, suits, liability,
expense or damage, including reasonable attorney's fees and court costs, (collectively, "Claims") for
damage to property, injury to persons (including death), and any other Claims arising from the
negligence or intentional wrongdoing of the SID, or any of its contractors, officers, agents or
employees; provided, however, the indemnification provided hereunder shall not apply if such
claims, suits, liability, expense or damage are caused solely by the negligence of a person or entity
indemnified hereunder. Neither party shall be liable for any punitive, consequential, or incidental
damages, or lost profits.
11. Assignment. This Agreement shall be binding upon and inure to the benefit of the
parties and their successors or assigns; provided, neither party may assign or otherwise transfer this
Agreement or the rights or privileges herein granted to a third party without the prior written consent
of the other party.
12. Notices. All notices or other communications which are required or permitted herein
shall be in writing and sufficient if delivered personally, sent by facsimile transmission followed by
written confirmation of receipt, sent by overnight commercial air courier or sent be registered or
certified mail, postage prepaid, return receipt requested, to the parties at their addresses or facsimile
numbers set forth on Exhibit "B" hereto (which exhibit may be changed by time to time by notice of
either party).
13. Governing Law. This Agreement shall be governed by and interpreted in accordance
with Nebraska law, without regard to its conflict of laws principles.
14. Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof. All prior agreements, representations, statements, and
negotiations are hereby superseded. This Agreement may be amended only by writing executed by
both parties. SID represents and warrants that the execution of this Agreement has been authorized
by a resolution of its Board of Trustees, and that the SID is fully empowered to enter into this
Agreement with OPPD.
The outer boundaries of the areas which may be subject to special assessments for said
improvement are proposed to be the same as the outer boundaries of Sanitary and
Improvement District No. 604 of Douglas County, Nebraska.
Said plans and specifications have been reviewed by E & A Consulting Group,
engineers for the District and said engineers have filed with the Clerk of the District,
prior to the first publication of this Resolution, an estimate of the total costs of said
improvement, including engineering fees, legal fees, fiscal fees, interest and other
miscellaneous costs, which estimate is in the sum of $81,469.80.
To pay the cost of said improvement the Board of Trustees shall have the
power to issue negotiable bonds of the District after such improvements have been
completed and accepted; said bonds to be called "Sanitary and Improvement District
Bonds" and shall be payable and bear interest as provided by the Statutes of the State
of Nebraska.
The Board of Trustees shall assess to the extent of special benefits, the cost of
such improvements upon properties specially benefitted thereby. All special
assessments which may be levied upon the properties specially benefitted by such
improvements shall, when collected, be set aside and constitute a sinking fund for the
payment of interest and principal of said bonds. The District shall also cause to be
levied annually a tax upon the assessed value of all of the taxable property in the
District except intangible property, which together with said sinking fund derived
from special assessments shall be sufficient to meet payment of the interest and
principal of said bonds as the same become due; said tax shall be known as the
Sanitary and Improvement District Tax and shall be payable annually in money.
If a petition opposing this Resolution, signed by property owners representing a
majority of the front footage which may become subject to assessment for the cost of
the improvements as set forth herein, is filed with the Clerk of the District within three
(3) days before the date of the hearing on this Resolution, this Resolution shall not be
passed.
SANITARY AND IMPROVEMENT DISTRICT NO. 604 OF
DOUGLAS COUNTY, NEBRASKA
By: John Tomanek, Chairman
Paul Austin, Clerk
Publication Dates: September 24 and October 1, 2020