RES 1998-3446 - Subdivision agmt, Hillsborough West 7 MreemP, .s
.-'`- -ookt R d C r i t rnP Public Works Department
�T" r,,,4��I� Omaha/Douglas Civic Center
c,®.&� PIWIr� December 1 , 1998 .�;�CIO !t' f I g ' 1 1819 Famam Street,Suite 601
o'°' '.- �;' `'` i .r i a' Oa Omaha,Nebraska 68183-0601
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City of Omaha a i!}` f , 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 between Maple 144 L.L.C., Sanitary
and Improvement District(S.&I.D.)409 of Douglas County,Nebraska and the City of Omaha. This
Subdivision Agreement covers the public improvement of Hillsborough West, a subdivision located
Northwest of 144th Street and West Maple Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 409,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D. 409. The estimated total cost of improvements is $2,170,400.00 of which$769,350.00
will be paid by General Obligation. If S.&I.D. 409 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 submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
/� 8 71„ //°lam-ft
Don W. Elliott, 1S.E. / /Date Robert C. Peter Date
Director Acting Planning Directo`
• .. o-,:d as to Funding: Refe o Cit Cou cil for Consideration:
eal0 s '7.7( . l IA Iffg
Louis A. D'Ercole Date Mayor's Office/Title Date
Finance Director
Appr . d:
Tip-
co, ames . , Director Date
Parks, Recreation and Public
Property Director
P:\PW1\5494.SAP
Brown, Buster (CCIk)
From: Meckna, Mike (Dsgn)
Sent: Monday, October 25, 1999 2:00 PM
To: Brown, Buster(CCIk)
Subject: Hillsborough West[revised plats]
The new plat is the same as the plat approved by City Council except for storm and sanitary sewer easement locations.
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SUBDIVISION AGREEMENT
OF
HILLSBOROUGH WEST
THIS AGREEMENT, made and entered into this 6Z'day of 416, - , 1998, by and
between MAPLE 144 LLC, a Nebraska limited liability company (hereina t-r referred to as
"Subdivider"), SANITARY AND IMPROVEMENT DISTRICT NO. 409 OF DOUGLAS COUNTY,
NEBRASKA, a Nebraska political subdivision (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 District will build public improvements in the
area to be developed, the District being a Sanitary and Improvement District created at the request
of and controlled by the Subdivider, which is the sole Owner(s) of all the lands within the
boundaries thereof; 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 area to be developed (Exhibit "A")
which constitutes building sites. Outlot A is not a building site.
C. "Street intersections" shall be construed to mean the area shown on the attached street
intersection drawing (Exhibit "B").
D. "General obligation" shall mean unassessable capital costs.
E. "PMRNRD" shall mean Papio-Missouri River Natural Resources District.
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SECTION I
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. 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"), and 144th Street
improvement, as depicted on Exhibit "B", all of said paving to be twenty-five (25) feet in
width, except for 144th Street improvements and 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), per Final Plat (Exhibit "A") and per Exhibits "B1," "B2" and "B3"
prepared by Thompson, Dreessen & Dorner, Inc., copies of which are attached hereto.
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 Thompson, Dreessen & Dorner, Inc., a copy of which is
attached hereto as Exhibit "C".
C. Storm sewers, inlets, manholes, 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 in the area marked Final Plat No. 1 prepared by
Thompson, Dreessen & Dorner, Inc., 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 (4) 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 (4) 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 provided as soon as
available but in no event longer than four (4) 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 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
within three (3) years of the recording of the subdivision plat.
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(4) Linear trail sidewalk in 144th Street right-of-way as shown on Exhibit "B3" shall be
installed with the paving. Linear trail sidewalk plans shall be submitted to the City
Parks Department.
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. 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
and linear trail sidewalks, each of which may be a general obligation, as indicated in
Exhibits "B1," "B2" and "B3." Grading or paving of major streets may be a general
obligation.
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 special
assessed to the extent of special benefit to properties in the District, and the
remainder may be a 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".
C. The cost of storm sewers and appurtenances may be a general obligation of the District to
the extent shown as the Alternate Alignment on Exhibit "C." The difference in cost of
constructing the storm sewer outside of the natural drainageway shall be specially assessed.
Storm drainage and piping not shown on Exhibit "C" shall be paid for privately.
D. 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.
E. 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.
F. 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.
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G. 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.
H. 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.
I. No funds of the District are to be used for the installation or maintenance of telephone
equipment.
J. The initial construction cost of grading and piping for sediment and erosion control facilities
shall be paid for privately. Removal of sediment from erosion control basins and other
related maintenance of erosion control facilities during the construction of initial subdivision
improvements may be paid for with SID monies from the general fund. Also, the costs of
removal of the entire sedimentation basin at the appropriate time may be paid for with SID
monies from the general fund.
SECTION III
Credits 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.
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
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levy is borne, on an equitable basis, by lots or parcels which are truly building sites.
Outlot A is not a building site. 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:
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(a) The amount paid to the contractor.
(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 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 (1 5) 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.
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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.
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 Sani-
tary 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 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 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 applicable ordinances, 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, 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 any attorney or other agent
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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.
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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.
The District shall make payment to the City of Omaha the fee in the amount of $74,809.70
for the construction of interceptor sewers. This fee is computed as follows for the lots
shown on the plat (Exhibit "A").
Lot 1, Hillsborough West
(commercial lot)
13.67 acres @ $3,878.16 per acre = $53,014.45
Lot 2, Hillsborough West
(commercial lot)
0.40 acres @ $3,878.16 per acre = $1,551 .26
Lot 3, Hillsborough West
(commercial lot)
0.57 acres @ $3,878.16 per acre = $2,210.55
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Lot 4, Hillsborough West
(commercial lot)
0.76 acres @ $3,878.16 per acre = $2,947.40
Lot 5, Hillsborough West
(commercial lot)
1.05 acres @ $3,878.16 per acre = $4,072.07
Lot 6, Hillsborough West
(commercial lot)
1.18 acres @ $3,878.16 per acre = $4,576.23
Lot 7, Hillsborough West
(commercial lot)
0.78 acres @ $3,878.16 per acre = $3,024.96
Lot 8, Hillsborough West
(commercial lot)
0.88 acres @ $3,878.16 per acre = $3,412.78
Outlot A, Hillsborough West
(green area) **EXEMPT** _ -0-
If the area is replatted or the use of such lots is changed, the fee charged shall be changed
by the City on the basis of the wastewater flow generated compared to that generated by
single-family residences.
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 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 or real estate in the amount as shown in Section IX-A prior to
the time of any such lot or parcel is built upon and before the building sewer is
connected to the Sanitary system of the District.
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(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 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.
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 this Subdivision Agreement.
C. The administration of this Subdivision Agreement shall be through the offices of the
undersigned officers for their respective entities.
D. The Erosion Control Plan between the Subdivider and PMRNRD is attached hereto and
incorporated herein as Exhibit "D." Costs for erosion control shall be paid by Subdivider.
PMRNRD must approve said plan prior to City Engineer's second signature. Sediment basins
are to remain in place until seventy-five percent (75%) of the lots are fully developed or
written permission is received from the Public Works Department to remove them.
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E. Traffic signal installation at 144th Street where the subdivision access point is located shall
be paid for by the Subdivider. In addition, the Subdivider shall pay an annual maintenance
fee of Two Thousand and no/100 Dollars ($2,000.00) to Douglas County. The traffic signal
plans must meet City design standards with the plans approved by the City Traffic Engineer
prior to bidding.
(1) Neither this Agreement, nor City's approval on the location of said traffic signal,
shall be deemed a delegation of City's authority in the exercise of its police power
over public traffic signals. Accordingly, City may at its discretion cause the removal,
relocation or modification of such traffic signal at any time, if the following
conditions occur, to-wit:
(a) The signal is no longer required due to a decrease in traffic volume.
(b) The operation, location or configuration of the traffic signals are deemed to
be hazardous or inefficient.
If said traffic signal is removed, it shall become the property of the City of Omaha.
(2) The City will provide all maintenance, repair and signal timing to said traffic signal.
(3) The City will be responsible for the electrical energy cost of said traffic signal.
(4) District shall cause contractor, during the course of work, to procure and maintain
public liability insurance with such limits as City deems reasonably required, and in
which City is designated as named insured, so as to protect against injuries to
persons or property caused by an incident effecting such improvement.
(5) City, during the course of performance of the work, may at any time cause
inspection of the work of the improvement, and, to the extent that any work shall
have been improperly performed, District shall cause the same to be modified to
conform to the approved plans and specifications.
(6) Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected
official or any officer or employee of City shall have a financial interest, direct or
indirect in any city agreement. A violation of that section with the knowledge of
District in addition to constituting employee malfeasance, shall be cause for the City
to unilaterally terminate or void this Agreement.
(7) District or City shall not, in performance of this Agreement, discriminate or permit
discrimination against any person because of race, sex, age, national origin, or
political beliefs or affiliations in violation of federal and state laws.
F. 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".
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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
a. �j4 By C ty lerk D e M yor Dat
SANITARY AND IMPROVEMENT DISTRICT NO. 409
ATTEST: OF DOUGLAS COUNTY, NEBRASKA
90 �
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1 By ._a1•0 qy
Clerk Date Cha;•�• Date
MAPLE 144 LLC, a Nebraska limited liability
company,
.11110.1111111111110ar,i10419
By =�;•:,. 'a II
M.jeer Date
APPROVED AS TO FORM:
SI T TORNEY Date
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr December 1,,.. 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: :
WHEREAS, Maple 144 L.L.C. proposes to build a subdivision to be known as
Hillsborough West which will be located Northwest of 144th Street and West Maple Road,,and,
WHEREAS, Sanitary and Improvement District(S.&I:D.) 409 has been formed to
build public improvements in this subdivision; and,
WHEREAS,Maple 144 L.L.C. and S.&I.D. 409 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. 409 agrees to pay $74,809.70 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 409 of Douglas County,Nebraska and Maple 144 L.L.C., as recommended
by the Mayor,providing for the public improvements and sewer connection to the Omaha Sanitary
Sewer System, is hereby approved.
P:\PWI\5495.SAP APPROVED 'T F
,mef.„/
SAS IS CITY ATTORNEY DATE
By ..71fitetiedegkeefet„
Councilmember
Adopted DEC 1 5 1998
i Clerk
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Approved
Mayor 2:j16
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