RES 2000-2925 - Subdivision agmt, Elk Creek Crossing 1
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City of Omaha YVt � '� `' Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement among Benchmark Homes, Inc.,
Sanitary and Improvement District (S.&I.D.) 379 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of Elk Creek Crossing
(Lots 417 through 426), a subdivision located Northeast of 168th Street and West Maple Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 379,
those which will be paid for by special assessment and those to be paid for by General
Obligation of S.&I.D. 379. The estimated total cost of improvements is $95,060.00 of which
$1,818.00 will be paid by General Obligation. If S.&I.D. 379 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:
Respectful y submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
It (2.0,00 ) m . 1 - 26.00
Don . Elliott, P.E. Date Steven N. Jensen, AICIP Date
irector Acting Planning Directo
Approved as to Funding: (rred Ci uncil r Co 'deratio :
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Stanley P. Timm Date Mayor's Office/Title \ Da e
PA. c Acting Finance Director
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this day of . 1�,12. 7, 2000 by and between
BENCHMARK HOMES, INC. A NEBRASKA CORPORATION(hereinafter referred to as "Subdivider"),
SANITARY AND IMPROVEMENT DISTRICT NO. 379 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 with 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 Subdivider will build public improvements in the area to be
developed.
WHEREAS, the Subdivider and the District wish to connect the system of sanitary sewers to be constructed
by the Subdivider, 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 and maintained within the area to be
developed or serving the area to be developed.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I
Subdivider covenants that the Subdivider will contemporaneously with the filing of the fmal 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 and private improvements, according to the terms of those
contracts. The Subdivider shall install or provide adequate financial guarantees for the installation of
improvements prior to recording the final plat.
A. Concrete paving of all streets dedicated, per the plat(Exhibit "A"), all of said paving to be twenty-
five(25) feet in width, as shown on paving plan prepared by Thompson, Dreessen&Dorner, Inc., a
copy of which is attached hereto as Exhibit "B", Pages 1 and 2.
B. All sanitary sewer mains, manholes, and related appurtenances constructed in dedicated street rights-
of-way, per plat(Exhibit "A"), same to be located as shown on sanitary sewer layout prepared by
Thompson, Dreessen& Dorner, Inc., a copy of which is attached hereto as Exhibit "C".
C. Water and gas distribution mains located within 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 4 months from the date of execution of this agreement).
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D. 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 4 months from the date of execution of this agreement).
E. 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 provided as soon as available but in no
event longer than 4 months from the date of execution of this agreement).
F. Sidewalks along both sides of all public streets and private ways 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 on either side of any block
or cul-de-sac (i.e., circle) 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 both sides of any public streets and
private ways 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 I herein shall be defrayed as follows:
A. 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.
B. No funds of the District are to be used for the installation or maintenance of telephone equipment.
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 therefore 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. 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.
B. 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:
The entire cost of all improvements will be paid by the Subdivider. There will be no special
assessments.
SECTION VI
A. The District agrees to annually levy a minimum ad valorem property tax rate of 85 cents per$100 of
taxable valuation for all tax collection years through the year that all District warrants can be paid
on a cash basis and/or are converted to bonded debt.
B. On or about June 1st 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, a projected annual general fund
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 obligations 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.
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.
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B. Without prior written approval by the City, the District shall not permit any sewer lines or sewers
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 th e
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.
C. 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.
D. Before any connection for 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.
E. 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 applicable ordinances, statute, rule, or regulation.
F. 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, 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.
G. 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.
H. 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,
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(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.
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.
The District shall make payment to the City of Omaha for the fee in the amount of$6,732.00 for the
construction of interceptor sewers. This fee is computed as follows for the lots shown on the plat
(Exhibit "A").
Single Family Lots 417 through 426, Inclusive,
10 Lots @ $673.20/Lot = $6,732.00
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:
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(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.
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 or 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 monies to make progress payments for the design,construction and
construction supervision for building interceptor sewers.
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SECTION X
A. No separate administrative entity nor joint venture, among the parties, is deemed created by virtue
• of this Subdivision Agreement.
B. The administration of this Subdivision Agreement shall be through the offices of the undersigned
officers for their respective entities.
C. This Subdivision Agreement shall be binding upon the parties hereto, their respective successors and
assigns and shall run with the land shown on Exhibit "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 ab ve written.
ATTEST: CITY is 0 it �*
By ll � �
City C erk Mayor Date
ATTEST,:,, _ SANITARY AND IMPROVEMENT DISTRICT
NO. 379 0 U UNTY, NEBRASKA
/04 6►O By G• 14te
APPROVED AS TO FORM BENCHMA: OMES
By G ' /J
Jack Cze ' inski, Pre dent Date
I ATT RNEY
CK LEDGEMENT OF NOTARY
STATE OF NEBRASKA )
) ss
COUNTY OF DOUGLAS )
The foregoing Subdivision Agreement was acknowledged before me thi . day of �l
2000 by John C. Czerwinski, Jr., Chairman of Sanitary .nd Improvement District No. 37 of Douglas
County, Nebraska on behalf of said Sanitary and Impro e-ment District.
IGENERAtNOateotNebraska \
IIB SANDRA K.BENSON
__'.` My Comm.Exp.April 18,2002 N to TARY PUBLIC
TD2 File No. 122-203.4
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr October 17, 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Benchmark Homes, Inc., proposes to build a subdivision to be
known as Elk Creek Crossing (Lots 417 through 426) which will be located Northeast of 168th
Street and West Maple Road; and,
WHEREAS, the Subdivider will build public improvements in this subdivision;
and,
WHEREAS, the Subdivider wishes 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. 379 agrees to pay $6,732.00 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 379 of Douglas County, Nebraska and Benchmark 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:
P:\PW2\9323maf.doc
ATTORNEY DATE
W,41/ ,:,. Y1/76
By
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