RES 2001-2553 - Agmt with OPPD for installation of underground electricity service for stockyards redevelopment project AHA,
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�; Planning Department
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�, 15 O 1, �. , 1819 Farnam Street,Suite 1100
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�,,�ti n A 1� '�.. (402)444 5200
OR'TED FEBR5riy �)!t �� (402)444-5150
Telefax(402)444-6140
City of Omaha Robert C.Peters
Mike Fahey,Mayor October 2, 2001 Director
Honorable President
and Members of the City Council,
The attached proposed Resolution authorizes the City to enter into an Underground Service
Agreement with the Omaha Public Power District in the amount of$127,530 for the Stockyards
Redevelopment Project.
The Stockyards East Redevelopment Plan that authorizes this work was approved by the City
Council on April 14, 1998 by Resolution No. 906. Under the Redevelopment Plan, the City
acquired the former Stockyards property at 30th and "L" Streets for a business park. The site is
being cleared and graded and new streets, sewers and utilities are being installed. Under the
attached Agreement, Omaha Public Power District will install underground electricity service to
serve the new Stockyards Business Park.
The costs incurred under this Agreement will be paid from the 2001 Stockyards Redevelopment
Fund, Fund 351, Agency 195, Organization 1191. It is the express intent of the City Council of
the City of Omaha to issue Revenue Bonds in the amount of$127,530 to reimburse the City for
the expenditures of the project prior to issuing said bonds. The bonds will be paid from the sale
of land in the Stockyards Business Park.
Your favorable consideration of this Resolution is requested.
Sincerely, Referred to City Council r Consideration:
--U%—, ,/ eZ1c- 9. 7. 0/ G f/f,i
Robert C. Peters Date Mayor's Office Date
Planning Director
Approved: Approved:
9//3/07
.__ T/��ia/ --
Stanley P. . mm Date Norm Jackman Date
Finance Director Acting Public Works Director
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UNDERGROUND SERVICE AGREEMENT (ACREAGE)
Agreement made this 9 day of Qa er , 200 / , between the OMAHA PUBLIC POWER
DISTRICT, hereinafter referred to as "OPPD" and City of Omaha , hereinafter referred
to as "the Developer".
RECITALS
1. OPPD is a public power district organized and existing under the laws of the State of Nebraska
and is engaged in supplying electric service to portions of the State of Nebraska.
2. The Developer is the owner of certain land in Douglas County,Nebraska and more particularly
described in Exhibit "A" attached hereto and hereby incorporated into this Agreement, which
property is hereinafter referred to as "the Development".
3. The Developer proposes that OPPD install and maintain 200 amp, 3-phase, 13.8kv mainline
underground electric cable (hereinafter "Facilities") in dedicated right of way or easements within
the Development.
THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties
agree as follows:
I.
INSTALLATION OF FACILITIES & COMPENSATION
Subject to the terms and conditions of this Agreement, OPPD shall install and maintain the Facilities.
The Developer shall pay to OPPD, in advance of any work hereunder, the sum of(52.59 acres x
$2,425.00) $127,530.00 for the Facilities. OPPD's work hereunder shall be commenced within a
reasonable time of notice from Developer that Developer has completed the requirements of
paragraphs I, III, V, VI, and VIII of this Agreement.
II.
INDIVIDUAL ELECTRIC SERVICE
Following installation of the Facilities,upon request, OPPD shall install equipment to supply electric
service from the Facilities to individual customers in the Development using padmounted switches
and transformers as required. The cost of installing the electric service referred to in this paragraph
shall be governed by OPPD's then current Line Extension Manual, a copy of which will be provided
to Developer or individual customers on request.
III.
EASEMENT RIGHTS AND RESTRICTIONS
The Developer shall provide by dedication all land and easements for OPPD's Facilities located
within the Development. The use of any such easements shall be permanently restricted as follows:
(a) No permanent buildings, structures, rock walls or retaining walls shall be constructed
within any easement area, and no trees shall be planted within any easement area.
(b) At the option of the Developer,their heirs, successors or assigns, an easement area may
be used for gardens, shrubs and other landscaping and driveways that do not interfere with or
damage the Facilities or interfere with OPPD's use of and access to any such easement. The
restrictions and uses outlined in this paragraph shall be incorporated, in writing, into any easement
that is executed in connection with this Agreement, and all such easements (whether by dedication
on a plat or by individual document) shall be duly filed and recorded with the Register of Deeds,
Douglas County,Nebraska. -
IV.
CONSTRUCTION WORK
All work done under the terms of this Agreement shall be performed in accordance with and subject
to relevant codes and standards and written plans and specifications that will be issued by OPPD.
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The Developer agrees that:
(a) OPPD shall not be required to construct its Facilities in sections that are smaller than
may be economically installed; and
(b) OPPD shall not be required to extend its Facilities beyond a point or points
reasonably required to supply electric service to buildings already constructed or in the process of
being constructed in the Development.
(c) Upon written request, OPPD will provide Developer with any readily available
drawing that depicts the installed Facilities.
V.
PREPARATION OF AREA
The Developer shall remove, at its sole expense,any trees,vegetation and other surface or subsurface
obstructions that interfere with or impede the construction of OPPD's Facilities, or which may, in
the opinion of OPPD, constitute a hazard to the maintenance of said Facilities. OPPD will
coordinate construction of the Facilities so as to avoid disruption of existing underground utilities.
VI.
GRADING BY DEVELOPER
The Developer shall complete the final grading of all areas wherein OPPD's Facilities are to be
located prior to the installation of such Facilities, and shall identify all individual lots in the
Development with readily visible stakes or pins. The Developer shall reimburse OPPD for any and
all costs that OPPD may incur in relocating OPPD's installed Facilities as a result of any change in
plat or grade by the Developers. OPPD will use reasonable efforts to coordinate its construction
work with the work of Developer's contractors at the Development.
3
VII.
ACCESS FOR DISTRICT EQUIPMENT
The Developer shall maintain unimpeded working access for OPPD's equipment in connection with
the construction and maintenance of the Facilities referred to in this Agreement.
VIII.
INSTALLATION OF CONDUITS
Developer agrees to provide and install two(2)non-metallic conduits,where needed,at proper depth
to permit installation of cable under paving and curbs provided such installation is made before
paving is completed. In the event that paving is completed before installation of crossings, it is
agreed that the Developer will install such non-metallic conduit where needed. OPPD will then
determine the number of conduits at each location. OPPD will provide the Developer material
specifications, installation specifications and an exhibit indicating locations of crossings.
IX.
RESPONSIBILITY FOR DELAY
OPPD shall not be responsible for anycost overruns or other damages that result from the delayin
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completion of work provided for in this Agreement, where such delay is caused by casualty, labor
dispute,material shortage, inclement weather or other causes that are beyond the reasonable control
of OPPD.
4
X.
ENTIRE AGREEMENT
This instrument constitutes the entire Agreement between the parties hereto with respect to the
Development, and sets forth the rights, duties, and obligations of each to the other as of its effective
date. Any prior agreements,promises,negotiations, or representations not expressly set forth in this
contract are of no force or effect.
XI.
BINDING AGREEMENT
This Agreement shall binding upon the parties hereto,their heirs, successors and assigns.
IN WITNESS WHEREOF the parties have executed this Agreement at anaq Nebraska the
day and year first above written.
OMAHA PUBLIC POWER DISTRICT DEVELOPER City of Omaha
Douglas County
By: � �G%G � By: )1/v4a.e
Name: Dean Mueller Name: Mike Fahey
Title: Manager Consumer Sales & Service Title: Mayor
ATTEST:
(1 944 Vc 4/A 11
City Clerk-
APPROVED AS TO FOR : - -
• Assistant City Attorney
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C 2 CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr October 2, 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the primary objectives of the City of Omaha's Master Plan and
Community Development Program are to encourage additional investment and development
within inner-city neighborhoods; and to eliminate conditions which are detrimental to public
health, safety and welfare, by developing underutilized property within these neighborhoods;
and,
WHEREAS, the Stockyards Redevelopment Plan for the area generally bounded
by "L" Street, Union Pacific Railroad Tracks, "Q" Street and 33rd Street was approved by the
City Council on May 5, 1998 by Resolution No. 0000; and,
WHEREAS, the Stockyards Redevelopment Plan proposed the installation of
public improvements for a new business park; and,
WHEREAS, the Omaha Public Power District has agreed to install underground
electricity service in the Stockyards Business Park; and,
WHEREAS, it is the express intent of the City Council of the City of Omaha to
issue Revenue Bonds in the amount of $127,530.00 to reimburse the City for a portion of the
expenditures of the project prior to issuing said bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Agreement between the City of Omaha and Omaha Public
Power District, 444 South 16th Street, Omaha, NE 68102for the installation of underground
electricity service for the Stockyards Redevelopment Project, in the amount of $127,530.00 is
hereby approved. Funds shall be payable from the 2001 Stockyards Redevelopment fund, Fund
351, Agency 195, Organization 1191.
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