Loading...
2023-04-19 SID 627 NOMFULLENKAMP JOBEUN JOHNSON & BELLER LLP 11440 WEST CENTER ROAD OMAHA, NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 627 OF DOUGLAS COUNTY, NEBRASKA NOTICE NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 627 of Douglas County, Nebraska will be held at 8:30 A.M. on April 19, 2023 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. 627 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 ($1,683,720) in connection with said Water Extension System within the boundaries of the District or within dedicated easements acquired by the District, said improvements to be designated as MUD Water Main Extension System and shall be constructed as follows: WATER MAIN EXTENSION AGREEMENT District Group No. WP1988 District Job No. 100055001433 & 100085000664 THIS AGREEMENT is entered into on , between the METROPOLITAN UTILITIES DISTRICT OF OMAHA, NEBRASKA, ("District") and Sanitary & Improvement District #627 of Douglas County ("Applicant"). In consideration of the Applicant's payment of One Million Six Hundred Eighty-Three Thousand Seven Hundred Twenty 00/100 Dollars ($ 1 683 720) to the District, receipt of which is acknowledged, the District shall install, as soon as is reasonably possible, 100055001433 - Install 6,750'+/- of 8" and 2,470'+1- of 6"PVC water main in Westbrook Hills Subdivision northeast of 138th St. & Ida St. to serve lots 1-203 ($1,419,742) 100057000531 - Install 930'+/- of 12" PVC approach main in Military Rd. from 132nd St. to the west thereof to serve Westbrook Hills Subdivision lots 1-203 ($225,601) 100085000664 - Install SCADA pressure point in Westbrook Hills Subdivision ($38,377) as shown on the attached plat marked Exhibit "A", together with such appurtenances, as the District deems necessary (the "main" or "mains"). This consideration includes the estimated total cost of the main installation ($ 1 683 720). The estimated total cost of the main installation is $ 1 683 720, of which cost the District shall assume $ none which is the estimated difference in cost between a 6" 8" & 12" main required and a 6" 8" & 12" 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: The west 150' of the north 535'+/- of the south 585+1- of the southwest 1/4 of the southeast % of the southeast % of Section 25, T. 16N., R. 11E. 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 installed under this Agreement, referred to as District Job No. 100057000531 and the main installed under a prior Agreement, contributed to by Applicant, designated as District Job No. are designated "pioneer' approach main(s). Before water is supplied to subsequent applicants that are required to contribute to these mains under the District's Water Rules and Regulations, the District shall collect such contributions and pay to the Applicant or Applicant's successor in interest in accordance with the District's Water Rules and Regulations. The District shall make no refunds more than twenty (20) years after the main extension agreement is approved by the District. The District shall refuse connection to the water main until the contributions are paid. Applicant shall not make claim for the repayment of any amount paid by Applicant, except as provided herein. 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. 627 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 $2,104,650.00. 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. 627 OF DOUGLAS COUNTY, NEBRASKA By:Christian Kloster, Chairman Amanda Baker, Clerk Publication Dates: April 5 and April 12, 2023