RES 1998-1319 - Subdivision agmt, Glenbrook Replat 2 61 4ree4°.0414464
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o"• - May 5, 19 9 8 Omaha,Nebraska 68183-0601
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City of Omaha 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 Logeman Development
Company, Sanitary and Improvement District(S.&I.D.)250 of Douglas County,Nebraska and the
City of Omaha. This Subdivision Agreement covers the public improvement of Glenbrook
Replat 2, a subdivision located Southwest of 78th and State Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 250,
those which will be paid for by special assessment and those to be paid for by General Obligation
of S.&I.D. 250. The estimated total cost of improvements is$400,500.00 of which $19,600.00 will
be paid by General Obligation. If S.&I.D. 250 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.
ir\)
Don W. Elliott, P.E. 14/i mate Robert C. Peters Date
Director Acting Planning Director
ved as to Funding: Refe 9d to Cit Council for Con ' ration: 9
Gew
Louis A. D'Ercole Date Mayor's Offic 'de 71 i vL Date
Finance Director
ppro -d:
6//7
ames P. Cleary, Director
Parks, Recreation and Pub is Property 4
P:\PW1\5101.MAF •
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SUBDIVISION AGREEMENT
agl� ri
THIS AGREEMENT, made and entered into this day of -<-Afe , 1998, by and between
Loqeman Development Company, a Nebraska Corporation, (hereinafter referred to as "Subdivider"),
SANITARY AND IMPROVEMENT DISTRICT NO. 250 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 and the District will build public improvements in the area to be developed
with the Subdivider, being the sole Owner(s) of all the lands within 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 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 and private
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 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.
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SECTION I
Subdivider and District covenant that Subdivider shall,and the District covenants that the District(as
to Item"C"below only)will contemporaneously with the filing of the final plat, present to the City Clerk for the
benefit of the City binding contracts in full force and effect calling for the timely and orderly installation of the
following public improvements, according to the terms of those contracts. That the District shall also provide
and deliver to the City written confirmation of a binding agreement between the District and its fiscal agent
calling for the placement of the warrants or bonds of the District for the installation of the improvements set
forth in Item "C" below:
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 Lamp, Rynearson & Associates, Inc., a copy of which is attached hereto as
Exhibit"B".
B. All sanitary sewer mains,manholes,and related appurtenances constructed in dedicated street rights-
of-way and easements, per plat(Exhibit"A"), same to be located as shown on sanitary sewer layout
prepared by Lamp, Rynearson&Associates, 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, prepared byLamp, Rynearson&Associates, copyof which is attached hereto as
P P p YInc.,
Exhibit"D".
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 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) A six(6')foot wide sidewalk, constructed a minimum of six(6') foot back of curb along Hanover
Street adjacent to Lots 1 thru 4 and Lots 16 thru 19,and along King Street adjacent to Lot 31 and
Lots 46 thru 55, shall be installed by the Subdivider as soon as the lots comprise sixty-five
percent (65%) of the abutting footage on such side have been built upon. A five (5') foot
easement shall be required on all lots abutting said streets.
(5) A certified check or other financial guarantee will be required from the Subdivider to the City of
Omaha prior to recording the final plat.
(6) A six (6') foot wide sidewalk shall be constructed a minimum six (6') foot back of curb along
Hanover Street and 80th street adjacent to Lot 181. A five (5') foot easement shall be granted
in said lot adjacent to the sidewalk.
SECTION II
The parties agree that the entire cost of all public improvements paid for by the Subdivider and 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
for privately by the Subdivider.
B. One hundred percent(100%) of the entire cost of all sanitarysewers, includingmanholes and other
appurtenances, shall be paid for privately by the Subdivider.
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 paid for privately by the Subdivider. One hundred percent(100%) of the entire
cost of water and gas approach mains shall be paid for privately within the area to be developed.
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 paid
for privately by the Subdivider.
G. 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 therefor without the
prior written approval of the City Engineer. The District shall not acquire any interest in real property without
the prior approval of the City of Omaha.
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SECTION IV
A. City covenants and agrees that should the City, by reason of its annexation of the District,or any area
thereof, prior to District's levy of special assessments for the improvements authorized in this
Agreement thereby succeed to said District's power to levy special assessments, that City will levy
same in accordance with this Agreement.
B. All parties covenant and agree that nothing in this Agreement shall be construed so as to oblige the
City to annex the area to be developed or any part thereof.
C. The District shall not sue,nor fund any lawsuit to prevent any annexation of property within the District
by the City except in the event the City annexes only a part of the District, the District does not waive
its right to contest a proper division of assets and liabilities.
SECTION V
Subdivider and District covenant and agree that the District created by the Subdivider will:
A. Abide by and incorporate into all of its construction contracts the provisions required by the
regulations of the City pertaining to construction of public improvements in subdivisions and testing
procedures therefor.
B. Except as may otherwise be agreed to by City, all of said District's levy of special assessments shall
be made in such a manner so as to assure that the entire burden of the levy is borne, on an equitable
basis, by lots or parcels which are truly building sites. If any lot, parcel or other area within the area
to be developed is not a building site by reason of insufficient size or dimensions, or by reason of
easements or similar burdens, or for any other reason, then no portion of the total amount shall be
levied against said unbuildable lot, parcel or other area.
C. The District shall provide the following information to the City Engineer at least twenty(20)days prior
to the meeting of the Board of Trustees of the District held to propose the levy of special
assessments:
(1) A detailed schedule of the proposed special assessment and/or the amount of general obligation
costs of any improvement or acquisition.
(2) A plat of the area to be assessed.
(3) A full and detailed statement of the entire cost of each type of improvement, which statement or
statements shall separately show:
(a) The amount paid to the contractor.
(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.
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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 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 1 of each year following the issuance of District bonds, the District's fiscal agent
will deliver to the City Finance Director for review and approval a cash flow projection by year for a
fifteen (15) year period. The cash flow projection shall include, but not be limited to, existing and
projected taxable valuation, a projected annual debt service levy, 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 !I
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.
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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 for
the purpose of negotiating the provisions of this Agreement where the existence of such agency has
been disclosed to the City.
H. Subletting, assignment, or transfer of all or part of any interest of the District hereunder is prohibited
without prior written approval of the City of Omaha.
The District expressly agrees that it is and shall be:
(1) Bound by and to any provisions of any ordinances, rules and regulations hereafter made and
adopted by the City of Omaha applicable to sanitary and improvement districts whose sewers
connect directly or indirectly with or into sewers or sewage systems of the City of Omaha; and,
(2) Bound by any terms and provisions which by ordinance, resolution, or rule of the City of Omaha
shall hereafter adopt or provide as being applicable to or required in contracts with sanitary and
improvement districts or in order to permit or continue the discharge of any sewage from a
sanitary and improvement district to flow into or through any part of the sewer or sewage system
of the City of Omaha.
J. The District agrees to collect an"equivalent front footage charge"in conformance with the following:
Where the property with which sewer connection is sought to be made is not within the bounds of a
regular sanitary sewer district or private sewer district,or where such property has not been assessed
or has not paid for the construction of the sewer to which connection is sought to be made, then in
such case the Chief Plumbing Inspector of the Permits and Inspections Division shall not issue a
permit for such sewer connection until the property owner shall have paid to the improvement district
an equivalent front footage charge for the number of front feet of the entire property with which such
connection is sought to be made. The equivalent front footage charge shall be the current charge in
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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. (NOT REQUIRED)
B. Special Sewer Connection Fee. (NOT REQUIRED)
C. 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 FI
Section IX-A herein, by the amount paid by the District for that lot pursuant to that section and #i
collected by the District from the party for whom the connection is made.
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 is attached hereto and incorporated herein as Exhibit"E." Costs for erosion
control shall be paid by Subdivider. Papio-Missouri River Natural Resources District must approve
said plan prior to City Engineer's second signature. Sediment basins shall remain in place until
seventy-five percent(75%)of the area draining into said basin has been fully developed, and written
permission has been received from the Public Works Department to remove said basin. •
E. This Subdivision Agreement shall be binding upon the parties hereto,their respective successors and
assigns.
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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 OMAt4A I
By di 1AiC/(�� ys
City Clerk - Mayor ate O
- SANITARY AND IMPROVEMENT DISTRICT
ATTEST: NO. 250 OF DOUGLAS COUNTY, NEBRASKA
5b e c(A. L—M , ' -1'd`1/(D 4/7/V %
Clerk u hairma
ATTEST: LOGEMAN e-VELOPM IT COMPANY
A NEB' .. KA CORP•-ATION
/ r/fig By ��/ 4 99
• ''ROVED AS TO F M:
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A§si CITY ATTORNEY
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C-25A ✓
CITY OF OMAHA
` • LEGISLATIVE CHAMBER
Omaha,Nebr . May 5, 19 98
14,
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Logeman Development Company proposes to build a subdivision to be
known as Glenbrook Replat 2 which will be located Southwest of 78th and State Streets; and, ?
WHEREAS, Sanitary and Improvement District (S.&I.D.) 250 will build public
improvements in this subdivision;and,
WHEREAS,Logeman Development Company and S.&I.D.250 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 250 of Douglas County,Nebraska and Logeman Development Company, 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 ORM:
P:\Pw1\5102.MAF /
if—/7-/OR
ASS CITY ATTORNEY DATE
By
Councilmember
Adopted RAY 9 1996 .D
ity Cle
Approved... > I
Mayor
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