RES 2001-2447 - Subdivision agmt, Carriage Hill 49-6,ex
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Public Works Department
Omaha/Dou as Civic Center
_ 1819 Famam Street,Suite 601
zc®hC � a September 11 , 2001
'='" Omaha,Nebraska 68183-0601
AoR ��ro (402)444-5220
FA Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
4
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Hearthstone.Homes, Inc.,
Sanitary and Improvement District (S.&I.D.) 444 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of Carriage Hill (Lots 111-
235), a subdivision located northeast of 168th and Blondo Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 444,
those which will be paid for by special assessment and those to be paid for by General
Obligation of S.&I.D. 444. The estimated total cost of improvements is $918,300.00 of which
$50,000.00 will be paid by General Obligation. If S.&I.D. 444 is annexed by the City, any
outstanding General Obligation Debt would be assumed by the City.
The Public Works Department requests your consideration and approval of the attached
Resolution and Subdivision Agreement.
Respect ly submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
2eL_ 3a .07
o Jackman, Date Robert C. Peters Date
Acting Director Planning Direct'
Approved as to Funding: Refe City Cou cii for Consideration:
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Stanley P. Ti I ate May f's ffic • Date
Finance Director
P:\PW2\2148sap.doc Appro d'
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Larry N. Foster, Acting Director Date
Parks, Recreation and Public Property
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#98128.01
CARRIAGE HILL TWO
SUBDIVISION AGREEMENT
CARRIAGE HILL, LOTS 111 - 235
THIS AGREEMENT, made and entered into thi "day ofc , 2001, by and
between HEARTHSTONE HOMES, INC. (hereinafter referred o as "Subdivider"),
SANITARY AND IMPROVEMENT DISTRICT NO. 444 of DOUGLAS COUNTY,
NEBRASKA, (HEREINAFTER REFERRED TO AS "District"), and the CITY OF OMAHA,
a Municipal Corporation in the State of Nebraska (hereinafter referred to as "City").
WITNESSETH
WHEREAS, Subdivider is the owner of the land included within the proposed plat
attached hereto as Exhibit "A", which parcel of land (hereinafter referred to as the "Area
to be Developed") is outside the corporate limits of the City and within the City's zoning
and platting jurisdiction; and,
WHEREAS, the Subdivider proposes that the District will build public
improvements in the area to be developed; and,
WHEREAS, the Subdivider and the District wish to connect the system of sanitary
sewers to be constructed by the District, within the area to be developed, to the sewer
system of the City; and,
WHEREAS, the parties wish to agree upon the manner and the extent to which
public funds may be expended in connection with public improvements to be constructed
within the area to be developed or serving the area to be developed and the extent to
which the contemplated public improvements specially benefit property in the area to be
developed and to what extent the cost of same shall be specially assessed.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
For the purpose of this Agreement, the following words and phrases shall have the
following meanings:
A. The "cost" or "entire cost" of a type of improvement shall be deemed to include all
construction costs, engineering fees, attorneys' fees, testing expenses, publication
costs, financing costs and miscellaneous costs. In this connection, financing costs
shall include all fiscal agent's warrant fees and bond fees, and interest on warrants
to date of levy of special assessments. The date of levy of special assessments
shall mean within six (6) months after acceptance of the improvement by the
Board of Trustees of the District.
B. "Property benefited" shall mean property within the Subdivider's subdivision
(Exhibit "A") which constitutes building sites.
C. "Street intersections" shall be construed to mean the area shown on the attached
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street intersection drawing (Exhibit "B").
D. "General obligation" shall mean unassessable capital costs.
SECTION 1
• Subdivider and District covenant that Subdivider shall, and the District covenants
that the District will contemporaneously with the filing of the final plat, present to the City
Clerk for the benefit of the City binding contracts in full force and effect calling for the
timely and orderly installation of the following public improvements, according to the terms
of those contracts. That the District shall also provide and deliver to the City written
confirmation of a binding agreement between the District and its fiscal agent calling for
the placement of the warrants or bonds of the District for the installation of the
improvements set forth herein:
A. Concrete paving of all streets dedicated, per the plat (Exhibit "A"), all of said paving
to be twenty-five (25) feet in width, except for those streets with a width greater
than twenty-five (25) feet, which streets shall be extra-width paving, if any
(approved by the Public Works Department), as shown on paving plan prepared by
E &A Consulting Group, a copy of which is attached hereto as Exhibit "B".
B. All sanitary sewer mains, manholes and related appurtenances constructed in
dedicated street rights-of-way and easements, per plat (Exhibit "A"), same to be
located as shown on sanitary sewer layout prepared by E &A Consulting Group, a
copy of which is attached hereto as Exhibit "C".
C. Storm sewers, inlets, manholes, open channel improvements and related
appurtenances constructed in street rights-of-way and easements, per plat (Exhibit
"A"), plans and specifications for said sewer improvements to be approved by City
prior to starting construction of said improvements to be located as shown on
storm sewer plan prepared by E &A Consulting Group, a copy of which is attached
hereto as Exhibit "B".
D. Water and gas distribution mains located within dedicated street rights-of-way
dedicated per plat (Exhibit "A") to be installed by the Metropolitan Utilities District.
(Contract with MUD will be provided as soon as available, but in no event longer
than four months from the date of execution of this agreement).
E. Street lighting for public streets dedicated per plat (Exhibit "A") to be installed by
the Omaha Public Power District. (Contract with OPPD will be provided as soon
as available, but in no event longer than four months from the date of execution of
this agreement).
F. Underground electrical service to each of the lots in the area to be developed to be
installed by the Omaha Public Power District. (Contract with OPPD will be
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provided as soon as available, but in no event longer than four months from the
date of execution of this agreement).
G. Sidewalks along both sides of all public streets within the area to be developed
shall be constructed by the Subdivider or District according to the following
schedule:
(1) Sidewalks shall be constructed immediately abutting vacant lots as soon as
the lots comprising sixty-five percent (65%) of the abutting footage on such
side have been built upon.
(2) Sidewalks shall be constructed immediately abutting built-upon lots as soon
as weather permits.
(3) In any event, all sidewalks shall be constructed upon any public streets
adjacent to the plat within three (3) years of the recording of the subdivision
plat.
SECTION II
The parties agree that the entire cost of all public improvements paid for by the
District and set out in Section 1 herein shall be defrayed as follows:
A. One hundred percent (100%) of the entire cost of all street and sidewalk
construction shall be paid by special assessment against the property benefited
within the area to be developed, except for street intersections and certain extra-
width and major street paving, either of which may be a general obligation, as
indicated in Exhibit "B".
B. One hundred percent (100%) of the entire cost of all sanitary sewers, including
manholes and other appurtenances, shall be paid by special assessment against
property benefited within the area to be developed, provided,
(1) Connection charges paid to other sanitary and improvement districts shall
be specially assessed to the extent of special benefit to properties in the
District, and the remainder may be general obligation of the District.
(2) The District's total cost of any outfall sanitary sewer line to be constructed
by the District, within the boundaries of the District, shall be specially
assessed except that portion of the sanitary outfall sewer which the pipe
size is greater than 8" diameter may be a general obligation of the District.
(3) The total cost of any outfall sanitary sewer serving the entire District
constructed outside the District boundary by the District may be a general
obligation of the District, as indicated in Exhibit "C".
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C. The cost of storm sewers and appurtenances maybe ageneral obligation of the
pp 9
District.
D. The cost of permanent detention basins, if required, including the cost of land
acquisition by the District, may be a general obligation of the District.
E. One hundred percent (100%) of the entire cost of water distribution system serving
the area to be developed shall be specially assessed against the property
benefited within the area to be developed. One hundred percent (100%) of the
entire cost of water and gas approach mains may be a general obligation of the
District. All refunds from MUD shall be credited to the Bond Construction Account
of the District.
F. One hundred percent (100%) of the entire cost of monthly contract charges paid to
the Omaha Public Power District for furnishing lighting of public streets shall be
paid from the operating fund of the District.
G. The entire cost of the installation of electrical power service and gas distribution
system shall be specially assessed against the property within the area to be so
developed. The refunded charge from the Omaha Public Power District and MUD
shall be credited in accordance with law, and if so credited to the District, it shall be
credited to the Bond Construction Account of the District.
H. Any payments to other sanitary and improvement districts, sanitary districts or
municipalities for any fees or charges will not be a general obligation of the District,
except as otherwise provided in this agreement.
Payments for interceptor sewer connection charges to the City of Omaha may, as
provided in Section IX herein, be a general obligation of the District.
J. No funds of the District are to be used for the installation or maintenance of
telephone equipment.
K. One hundred percent (100%) of the entire cost of concrete sidewalks along major
streets may be a general obligation of the District except that portion adjacent to
non-single-family residential lots which shall be specially assessed or paid for
privately.
L. Street identification signs may be a general obligation. All street signage must be
approved by the City Traffic Engineer prior to installation.
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M. The Sediment and Erosion Control Plan to be submitted to the NDEQ and the City
of Omaha for compliance with the NPDES regulations is attached hereto and
incorporated herein as Exhibit "D". PMRNRD must approve said plan prior to City
Engineer's second signature on the final plat. The initial construction cost of
grading and piping for temporary sediment and erosion control facilities shall be
paid for privately by the Subdivider. Removal of said sediment and erosion control
measures be a general obligation of the District. All silt basins are to remain in
place until seventy-five percent (75%) of the drainage sub-basin serviced by these
erosion control measures are fully developed, or with the written permission of the
City Public Works Department authorizing their removal.
Sediment removal shall be paid as follows:
(1) During the initial construction of the public streets and sewers, the District may
pay for the removal as a general obligation of the District; a separate bid item
shall be included in the public improvements contract for this work.
(2) For all subsequent sediment removal, the District shall pay for the work from its
operating fund.
(3) Basin closure or removal may be a general obligation of the District.
N. The District has previously paid its park and trail contribution via acquisition and
improvements. Community Park fees of $8,531.00 shall be paid by the District to
the City when the District's current General Obligation debt ratio is below 10% and
the City's Parks, and Finance, Directors request the payment. This payment
represents the S&ID's commitment for the lots shown on Exhibit `A' which contains
20.757 acres at $411.00 per acre.
SECTION III
Credit or funds of the District may be used to pay for any public improvements
specified in this Agreement, but not for any other purpose. PROVIDED,
HOWEVER, the District may issue warrants for the purpose of paying for repairs,
maintenance and operating costs of the District, such warrants to be paid out of
funds obtained by the District through its general fund tax levy, or where allowed
by law, may be paid from special assessments or fees or charges. Maintenance,
repair and reconstruction of a public improvement shall not be a general obligation
of the District nor shall construction warrants be issued therefor without the prior
written approval of the City Engineer. The District shall not acquire any interest in
real property without the prior approval of the City of Omaha.
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SECTION IV
A. City covenants and agrees that should the City, by reason of its annexation of the
District, or any area thereof, prior to District's levy of special assessments for the
improvements authorized in this Agreement thereby succeed to said District's
power to levy special assessments, that City will levy same in accordance with this
Agreement.
B. All parties covenant and agree that nothing in this Agreement shall be construed
so as to oblige the City to annex the area to be developed or any part thereof.
C. The District shall not sue nor fund any lawsuit to prevent any annexation of
property within the District by the City except in the event the City annexes only a
part of the District, the District does not waive its right to contest a proper division
of assets and liabilities.
SECTION V
Subdivider and District covenant and agree that the District created by the
Subdivider will:
A. Abide by and incorporate into all of its construction contracts the provisions
required by the regulations of the City pertaining to construction of public
improvements in subdivisions and testing procedures therefor.
B. Except as may otherwise be agreed to by City, all of said District's levy of special
assessments shall be made in such a manner so as to assure that the entire
burden of the levy is borne, on an equitable basis, by lots or parcels which are truly
building sites. If any lot, parcel or other area within the area to be developed is not
a building site by reason of insufficient size or dimensions, or by reason of
easements or similar burdens, or for any other reason, then no portion of the total
amount shall be levied against said unbuildable lot, parcel or other area.
C. The District shall provide the following information to the City Engineer at least
twenty (20) days prior to the meeting of the Board of Trustees of the District held to
propose the levy of special assessments:
(1) A detailed schedule of the proposed special assessment and/or the amount
of general obligation costs of any improvement or acquisition.
(2) A plat of the area to be assessed.
(3) A full and detailed statement of the entire cost of each type of improvement,
which statement or statements shall separately show:
(a) The amount paid to the contractor.
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(b) A special itemization of all other costs of the project, including, but
not limited to, all engineering fees, attorneys' fees, testing expenses,
publication costs, financing costs, including, but not limited to,
interest on all warrants to date of levy of special assessments,
estimated fiscal agent's warrant fees and bond fees.
(c) A special itemization of all costs of the District not itemized in (a) and
(b) above.
D. The District agrees that it will not unreasonably delay acceptance of an
improvement and that District shall levy special assessments within six (6) months
after acceptance of the improvement.
In addition to the above notice requirement, the District shall also, twenty (20) days
prior to the Board of Equalization hearing of the District, give notice in writing to the
City that the Board of Equalization will be convened on that date for the
consideration of the levying of special assessments and equalization and
apportionment of debt.
SECTION VI
A. The District agrees to annually levy a minimum ad valorem property tax rate
of 88 cents per$100 of taxable valuation for the tax collection years through
the year that all district warrants can be paid on a cash basis and/or
converted to bonded debt.
B. On or about June 1 of each year following the issuance of district bonds,
the District's fiscal agent will deliver to the City Finance Director for review
and approval, a cash flow projection by year for a fifteen (15) year period.
The cash flow projection shall include, but not be limited to, existing and
projected taxable valuation, a projected annual debt service levy, existing
and projected cash receipts, cash disbursements and available balances in
the bond fund and general fund of the District.
C. The District's Board of Trustees agrees to adopt tax rate levies sufficient to
fund the succeeding years general and bond fund projected obligation as
required in the cash flow projections.
SECTION VII
In the performance of this Agreement, the District shall not discriminate against
any parties on account of race, national origin, sex, age, political or religious
affiliations in violation of federal or state laws or local ordinances.
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SECTION VIII
A. Subject to the conditions and provisions hereinafter specified, the City hereby
grants permission to the District to connect its sewer system to the sewer system
of the City for a period not to exceed ten (10) years, in such manner and at such
place or places designated on plans submitted by the District and approved by the
City.
B. Upon the completion of any sanitary outfall sewer, if any, built by the District, the
City shall be granted and they shall accept control and operation of the facility.
The District shall convey by proper legal instrument all its rights, easements, title,
and interest in such Sanitary Outfall Sewer to the City. The form of acquisition
shall be upon approved City forms.
C. Without prior written approval by the City, the District shall not permit any sewer
lines outside the presently described boundaries to be connected to: The sewer or
sewer lines of the District, any sewer from the District's boundaries to the sewers
of the City, any outfall sewer of the City, or any sewage treatment plant of the City.
The City shall have exclusive control over connections to its sewers whether
inside or outside the District's boundaries. The District shall not collect connection
charges for such connections.
D. At all times, all sewage from and through said District into the City sewer system
shall be in conformity with the ordinances, regulations, and conditions applicable to
sewers and sewage within the City as now existing and as from time to time may
be amended.
E. Before any connection from any premises to the sewer system of the District may
be made, a permit shall be obtained for said premises and its connection from the
proper department of the City, which permit shall be obtainable on the same terms,
conditions, and requirements of the City and for the same permit fee of the City
applicable from time to time to permit property outside the City to connect to the
sewer system of the City; it being expressly understood that the City reserves the
right to collect all connection charges and fees as required by City ordinances or
rules now or hereafter in force; all such connections shall comply with minimum
standards prescribed by the City.
F. Notwithstanding any other provisions of this Agreement, City retains the right to
disconnect the sewer of any industry, or other sewer user within the area to be
developed, which is discharging into the sewer system in violation of any applica-
ble ordinance, statute, rule or regulation.
G. The District warrants that it has not employed or retained any company or person,
other than a bona fide employee 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 working for the District, any fee, commission,
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percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of
this warranty, the City shall have the right to annul this Agreement without liability.
The District shall require the same warranty from each contractor with whom it
contracts in any way pertaining to its sewage system. The prohibition provided for
herein shall not apply to the retention of an attorney or other agent for the purpose
of negotiating the provisions of this Agreement where the existence of such
agency has been disclosed to the City.
H. Subletting, assignment or transfer of all or part of any interest of the District
hereunder is prohibited without prior written approval of the City of Omaha.
The District expressly agrees that it is and shall be:
(1) Bound by and to any provisions of any ordinances, rules and regulations
hereafter made and adopted by the City of Omaha applicable to sanitary
and improvement districts whose sewers connect directly or indirectly with
or into sewers or sewage systems of the City of Omaha; and,
(2) Bound by any terms and provisions which by ordinance, resolution or rule of
the City of Omaha shall hereafter adopt or provide as being applicable to or
required in contracts with sanitary and improvement districts or in order to
permit or continue the discharge of any sewage from a sanitary and
improvement district to flow into or through any part of the sewer or sewage
system of the City of Omaha.
J. The District agrees to collect an "equivalent front footage charge" in conformance
with the following:
Where the property with which sewer connection is sought to be made is not within
the bounds of a regular sanitary sewer district or private sewer district or where
such property has not been assessed or has not paid for the construction of the
sewer to which connection is sought to be made, then in such case the Chief
Plumbing Inspector of the Permits and Inspections Division shall not issue a permit
for such sewer connection until the property owner shall have paid to the
improvement district an equivalent front footage charge for the number of front feet
of the entire property with which such connection is sought to be made. The
equivalent front footage charge shall be the current charge in conformance with
the requirements of the Omaha Municipal Code. The front footage charge
collected shall be used to defray the general obligation of the sanitary and
improvement district.
SECTION IX
A. Payment for Construction of Interceptor Sewers.
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The District shall make payment to the City of Omaha for the fee in the amount of
$118,375.00 for the construction of interceptor sewers. This fee is computed as
follows for the lots shown on the plat (Exhibit "A").
Lots 111-235, R4; Single Family
125 Lots @ $947.00 = $118,375.00
TOTAL: $118,375.00
B. Additional Plats.
In the event the Subdivider shall plat additional lots which will be in the District
which he wishes to connect to the Omaha sewer system, this Agreement shall be
amended by the parties to provide payment of the current fee for the additional lots
before any sewer permits are issued by the City of Omaha.
C. Special Sewer Connection Fee.
The District and the City agree that payment made under Section IX-A of this
Agreement shall constitute a Special Sewer Connection Fee for the area described
in Section IX-A and shall be collected by the District as a Special Sewer
Connection Fee or shall be levied as a Special Assessment against the real estate
described in Section IX-A as follows:
(1) Amount of Special Sewer Connection Fee.
The real estate shall be charged the special sewer fee amount as set forth
in Section IX-A for each lot or parcel.
(2) Time of Collection.
The Special Sewer Connection fee shall be collected by the District from
the owner of each lot or parcel of real estate or levied as a Special
Assessment in the amount as shown in Section IX-A prior to the time any
such lot or parcel is built upon and before the building sewer is connected to
the sanitary system of the District.
(3) Extent of Collection.
The Special Sewer Connection fee will be collected by the District on each
lot from the date of this Agreement until the District has collected by such
payment or through Special Assessment the entire amount paid by the
District to the City, as described in Section IX-A. The entire proceeds
collected by the District will be used by the District to pay off the warrants or
other debts incurred by the District in obtaining the funds paid to the City as
required in Section IX-A.
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D. City Sewer Connection and Sewer Use Fees to be Paid.
The City may collect, within the area to be developed, the City's sewer connection
and permit fees, as provided by existing City ordinances, and its sewer use and
connection fees as now or hereafter existing. Such fees shall be in addition to the
payments provided for in Section IX-A herein, however, the City shall reduce its
"Special Connection Fee--Papillion Creek Watershed" for any lot listed in Section
IX-A herein, by the amount paid by the District for that lot pursuant to that section
and collected by the District from the party for whom the connection is made.
E. Issue of Sewer Permit.
No sewer permit will be issued by the City for any construction on any lot in the
area described in Section IX-A until proof is furnished to the City of payment to the
District of the Special Sewer Connection Fee of levy of the Special Assessment for
that particular lot as called for in Section IX-A.
F. Audit of District's Records.
The City shall have access at all times to the District records for the purpose of
auditing the accounts pertaining to collection of the Special Sewer Connection
Fee.
G. Upon execution of this Agreement, the District shall make payment to the city in
cash or warrants immediately convertible into cash in the amount as stated in
Section IX-A of this Agreement. The City shall accept and retain such moneys to
make progress payments for the design, construction and construction supervision
for building interceptor sewers.
SECTION X
A. Installation of entrance signs or related fixtures and any median landscaping and
related fixtures shall be paid for by the Subdivider. Plans for such proposed
improvements that are to be located in public right-of-way and a proposed
maintenance agreement for the improvements must be submitted to the City for
review and approval prior to the installation of improvements.
B. No separate administrative entity nor joint venture, among the parties, is deemed
created by virtue of the Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of
the undersigned officers for their respective entities.
D. This Subdivision Agreement shall be binding upon the parties, their respective
successors and assigns, and runs with the land as shown on Exhibit "A".
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•a
•
IN WITNESS WHEREOF, we the executing 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
i '' - ) -4-.4.:,A 7.40/
GI, LERK ..MAYOR ate
Y
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ATTE8 :; _ ` SANITARY AND IMPROVEMENT
DISTRICT NO. 444 OF DOUGLAS
COUNTY, NEBRASKA
C)41144rAfA-iati — 7----T-- \--,-,___. ----<.,..o,.1,--3 (//7/e)- j
Clerk Chairman Date
C I
HEARTHSTONE HOMES, INC.
JA_, L__ _.....-----------„,_______' .
Joh J. Smith, President
APPROVED AS TO FORM
. f---,7-g(
CITY ATTORNEY D to
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GRADING a EROSION CONTROL PLAN BRIDLEW,..O.O.1D f1,C A,Rft.R..SIA.GE HILL
10....":.:,.n]E&A CONSULTING GROUP NC
ENGINEERS•PLANNERS•SURVEYORS
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• c-25X. CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Hearthstone Homes, Inc., proposes to build a subdivision to be
known as Carriage Hill (Lots 111-235) which will be located northeast of 168'1'rand Blond()
Street; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.) 444 has been formed to
build public improvements in this subdivision; and,
WHEREAS, Hearthstone Homes, Inc., and S.&I.D. 444 wish to construct a
sanitary sewer system and connect said system to the Sanitary Sewer System of the City of
Omaha; and,
WHEREAS, the parties wish to agree upon the manner and the extent to which
public funds may be expended in connection with public improvements to be constructed within
the area to be developed or serving the area to be developed and the extent to which the
contemplated public improvements specifically benefit property in the area to be developed and
to what extent the cost of the same shall be specially assessed; and,
WHEREAS, S.&I.D. 444 agrees to pay $118,375.00 as a sewer connection fee to
be used for the construction of the sewers in the Papillion Creek Watershed; and,
WHEREAS, a Subdivision 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 Subdivision Agreement among the City of Omaha, Sanitary and
Improvement District 444 of Douglas County, Nebraska and Hearthstone Homes, Inc., as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System, is hereby approved.
APPROVED AS TO FORM:
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