2022-11-03 SID 620 NOMFULLENKAMP JOBEUN JOHNSON & BELLER LLP
11440 WEST CENTER ROAD
OMAHA, NEBRASKA 68144
SANITARY AND IMPROVEMENT DISTRICT NO. 620
OF DOUGLAS COUNTY, NEBRASKA
NOTICE
NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and
Improvement District No. 620 of Douglas County, Nebraska will be held at 9:30 A.M. on
November 3, 2022, at Bluestem Capital Partners, 1414 North 205th Street #1, Omaha, Nebraska,
which meeting will be open to the public. The agenda for such meeting, kept continuously current,
is available for public inspection 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.
620 of Douglas County, Nebraska find and determine that it is advisable and necessary for the
District enter into a Water Main Extension Agreement with Metropolitan Utilities District for the
construction of a Water Extension System and payment to MUD ($2,170,355.00) in connection
with said Water Extension System within the boundaries of the District or within dedicated
easements acquired by the District, said improvements to be designated as MUD Water Main
Extension and shall be constructed as follows:
WATER MAIN EXTENSION AGREEMENT
District Group No. WP1894S
District Job No. 100055001393 & 100055001409
THIS AGREEMENT is entered into on , between the
METROPOLITAN UTILITIES DISTRICT OF OMAHA, NEBRASKA, ("District") and
Sanitary & Improvement District #620 of Douglas County ("Applicant").
In consideration of the Applicant's payment of Two Million One Hundred Seventy Thousand Three
Hundred Fifty-Five 00/100 Dollars ($ 2,170,355 ) to the District, receipt of which is acknowledged, the
District shall install, as soon as is reasonably possible,
100055001393 - Install 9,770'+/- of 8" and 9,860'+/- of 6" PVC water main in Avante Subdivision
northwest of N. 195th St. & Fort St. to serve lots 1-272 ($1,798,990)
100055001409 - Install 50'+/- of 8" water main for connection to approach main at N. 199th St. & Fort St.
to be installed in the future. ($34,077 - this is a firm price towards the cost of this main)
as shown on the attached plat marked Exhibit "A", together with such appurtenances, as the District deems
necessary (the "main" or "mains"). This consideration includes (1) the estimated total cost of the main
installation ($ 1,833,067) and (2) the estimated contributions to other pioneer mains ($ 337,288). The
estimated total cost of the main installation is $ 1,833,067, of which cost the District shall assume $ 0 , which
is the estimated difference in cost between a 6" & 8" main required and a 6" & 8" main installed.
If the estimated total cost for the installation of the main or the estimated contributions to other pioneer
mains, or both, are not sufficient to cover the actual costs and/or contributions, Applicant shall pay to the
District the actual costs and/or contributions, over the estimated costs and/or contributions. The District may
refuse service from the main until such payment(s) has/have been made. If the actual total cost for the
installation of the main and appurtenances or the estimated contributions to other pioneer mains, or both, are
less than the amount paid, the difference, of either or both, whichever the case may be, shall be refunded to
the Applicant.
The District may permit others to tap the main, but when an application to connect to the main is granted to
serve the following real property:
- A strip of land 150' in depth on the east side of the southwest 1/4 of the southeast % of Section 31,
T.16N., R. 11E. lying directly east of and abutting S. 195th St. transitioning to lying directly south of
and abutting Ellison Ave.
abutting the main, the District shall collect the connection charge in accordance with the District's Water Rules
and Regulations and procedures. The District shall refund to the Applicant the connection charges collected
on an annual basis. The District shall not make refunds more than twenty (20) years after the main extension
agreement is approved by the District.
The District shall demand payment of connection charges but shall not be obligated to pursue litigation to
collect a connection charge for refund purposes, but the District shall refuse individual connections to the water
main until the individual connection charge is paid. The Applicant shall be regarded as a third-party beneficiary
under this Agreement to pursue the Applicant's own collection of an unpaid connection charge.
The Applicant shall not change the location or grade of the street(s) over which Applicant has control, as
shown on Exhibit "A". The Applicant shall grade the street(s) to conform to Exhibit "A" before the main
installation. Where streets will not be paved, the right-of-way ("R.O.W.") shall be graded to conform to the
grade that has been legally established by the appropriate governing body. Where the grade has not been
established, the grade shall be satisfactory to the District. Where streets are to be paved, the District shall not
begin the main installation until the Applicant has completed street paving, storm sewer inlet installation and
finish grading of the R.O.W. If, within five (5) years from date the main installation is placed in service, the
District deems it necessary to relocate, lower or raise the grade of all or part of the main as a result of the
Applicant's failure to have brought the street(s) to grade before the main installation or a change in the grade
or location of the street(s), then the Applicant shall pay the District's costs of raising, lowering or relocating the
main.
The main shall be owned by and under the control of the District, its successors and assigns.
The District shall use reasonable efforts to avoid damaging or removing erosion control measures. The
District may remove erosion control measures if the District determines that such measures interfere with the
installation, repair or maintenance of the District's mains. The Applicant shall repair or replace erosion control
measures after the District has completed the part of the main installation that required damage to or
removal of the erosion control measures. The District shall not be responsible for damage to or removal of
erosion control measures and shall not be responsible to repair or replace them. The Applicant shall
indemnify the District from all liabilities, federal, state, local or personal, that may arise due to such damage
or removal.
This main installation is subject to the approval of the District's Board of Directors. If the installation is not
approved, this Agreement is void. If the Applicant cancels this Agreement or fails to perform under it, the
Applicant shall pay the District's design costs and all other costs and expenses incurred.
Applicant shall not landscape or allow anyone else to landscape in the street right-of-way or in easements
obtained for main installation prior to the main installation. If Applicant does so, the District may remove any
landscaping necessary for installation of the water mains. Applicant shall pay the additional costs of main
installation caused by such landscaping. Landscaping is defined as the placing of any decorative materials,
including but not limited to, the planting of trees or shrubbery and the placing of large rocks or other large
decorative objects.
This Agreement is conditioned upon receipt of all permits and easements necessary for the main
installation.
If the main installation is delayed due to severe cold weather or when there is more than eight (8) inches of
frost in the ground, the District's Contractor shall not be required to work on the project without additional
compensation and/or an appropriate time extension. If frost is more than eight (8) inches in depth, the
additional compensation to install and/or the appropriate time extension will be negotiated between the District
and the Contractor and will be approved by the Applicant before proceeding.
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. 620 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
$2,712,944.00.
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. 620 OF DOUGLAS COUNTY, NEBRASKA
By: Christian Kloster, Chairman
Amanda Sudbeck, Clerk
Publication Dates: October 20 and October 27, 2022