RES 1998-2513 - Subdivision agmt, Northwest Village 2nd Addition PU� it R E C E ` {y Public Works Department
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t3 1819 Famam Street,Suite 601
August 25, 1 98 .. ..• Omaha,Nebraska 68183 0601
Aoy^` j --'-' • t, (402)444-5220
4?to FEBR3r y1 l e -3 }' ." Telefax(402)444-5248
CityWel
of Omaha 1 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 Old Military Square, LLC,
Sanitary and Improvement District (S.&I.D.) 430 of Douglas County, Nebraska and the City of
Omaha. This Subdivision Agreement covers the public improvement of Northwest Village 2nd
Addition, a subdivision located Northwest of 91st Avenue and Old Military Road.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 430,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D.430. The estimated total cost of improvements is$800,210.00 of which$240,084.00 will
be paid by General Obligation. If S.&I.D. 430 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.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
j 5=A#71T eV/".gb //1,v fer7
Don W. Elliott, P.E. '° bate Robert C. Peters Date
Director Acting Planning Directo )
: •• oved as to Funding: Referred to ity Council for Consideration:
Louis A. D'Ercole ./, ate Mayor's Office/Title ate
Finance Director
ved:
g/ .
ames P. Cleary, Direc Date
Parks, Recreation and lic Property
P:\PW1\5155.MAF
SUBDIVISION AGREEMENT
THIS AGREEMENT made and entered this At'day o % ./, , 1998, by and
between OLD MILITARY SQUARE, L.L.C., a Nebraska limited liabil' company (hereinafter
referred to as "Subdivider") and SANITARY AND IMPROVEMENT DISTRICT NO. 430 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 within the City's zoning and platting jurisdiction; and
WHEREAS,the Subdivider proposed 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,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 benefitted" 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 street
intersection drawing (Exhibit "B").
D. "General obligation" shall mean unassessable capital costs.
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. 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 public 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. 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 prepared by E & A Consulting Group, a copy of which is
attached hereto as Exhibit "B."
C. 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".
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.)
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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 street within three(3)years of the recording of the subdivision
plat.
H. A ten foot wide trail along the north side of Old Military Road as shown on Exhibit `B"
attached hereto.
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 benefitted within the Area to be
Developed, except for street intersections and certain extra-width and major street paving,
including the deceleration and turning lanes and the widening improvements on Old Military
Road and except for the ten foot under trail to the north of Old Military Road shown on
Exhibit`B"attached hereto 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 benefitted 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 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 specifically 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.
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4,
(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.
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 benefitted within the Area
to be Developed, except water lines that exceed eight(8) inches in diameter, in which case
the difference in cost between the eight(8) inch line and the line exceeding eight(8) inches
in diameter may be a General Obligation of the District. 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.
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 cost of maintenance of erosion control measures shall be paid from the operating fund
of the District and removal of erosion control measures may be a General Obligation of the
District.
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 purposes. PROVIDED, HOWEVER,the District may issue
warrants for the purpose of paying for repairs,maintenance and operating costs of the District, such
4
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 the annexation of the
property within the District by the City,except that in the case of a partial annexation
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 subdivision 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:
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(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.
(b) A special itemization of all other costs of the project, including, but not
limited to, all engineering fees,attorneys' fees,testing expenses, publication
coats, 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 fee.
(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 the 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 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
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C,�
111
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.
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 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 property 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
7 r.
discharging into the sewer system in violation of any applicable ordinance, statute, rule or
regulation.
G. The District warrants that it has not employed or retained any company or person,other than
a bona tide 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.
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 an 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 be 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 sanitary and improvement district an equivalent front footage
charge of 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
8
collected shall be used to defray the General Obligation of the sanitary improvement
im rovement
district.
SECTION IX
A. Payment for Construction of Interceptor Sewers.
The area to be developed is located within an area(91 st and Old Military Road)which is not
subject to the Interceptor Sewer fee and therefore no Interceptor Sewer fee is due.
B. Additional Plat.
In the event the Subdivider shall plat additional lots which will be in the District which it
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 Fees.
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 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 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.
9
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 the existing City ordinance,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 far 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 of 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. An Erosion Control Plan between the Subdivider and the City of Omaha shall be submitted
and approved prior to any grading operation. The City of Omaha and the Papio Missouri
10
River Natural Resources District must approve said plan prior to City Engineer's second
signature. All sediment basins are to remain in place until 75% of the Lots are fully
developed or until a substitute permanent sediment basin is operable and written permission
is received from the Public Works Department to remove the basins. The proposal Erosion
Control Plan between Subdivider and the Papio Missouri River Natural Resources District
is attached hereto and incorporated herein as Exhibit"D".
E. This Subdivision Agreement shall be binding upon the parties,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 above written.
ATTEST: CITY OF MAHA
97d/f6r Nere.e/g /
CI Y CLERK • Date MAYOR Date
SANITARY AND IMPROVEMENT
DISTRICT NO. 430 OF DOUGLAS
ATTEST: COUNTY,NEBRASKA
ff
J o a . Isket 7 /2i At I /27/91
CLERK 0 Date Chairman Date
,
ATTEST: OLD MILITARY SQUARE,L.L.C.,a Nebraska
limited liability company,
Date -7/2-WV _ Date *I
APPROVED AS TO FORM:
7._ / -77
ssi tan orney Date
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ti-ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
• Omaha,Nebr I:usa .t 2 5..... 19 98 •
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Old Military Square,LLC, proposes to build a subdivision to be known
as Northwest Village 2nd Addition which will be located Northwest of 91st Avenue and Old Military
Road; and,
WHEREAS, Sanitary and Improvement District(S.&I.D.) 430 has been formed to
build public improvements in this subdivision;and,
WHEREAS,Old Military Square,LLC,and S.&I.D. 430 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, 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 between the City of Omaha, Sanitary and
Improvement District 430 of Douglas County, Nebraska and Old Military Square, LLC, as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System,is hereby approved.
P:\PW1\5156.MAF APPROVE AS TO FO .
"9— ft
AS IS CITY ATTORNEY DATE
By.
Councilmember
Adopted SEP 5 1998
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