RES 1997-0872 - Subdivision agmt, Mission Park 2nd Addition ' .. .., . _e, '.g-' Off/reiwev
O,QrAAHA,NFe,�, .., :C >.,NF. Public Works Department
,; `y ,I Omaha/Douglas Civic Center
"` r.0 `i i 1819 Farnam Street,Suite 601
e h Omaha,Nebraska 68183-0601
o® t.? � !:1 March 18, 1997
A (402)444-5220
o + Telefax(402)444-5248
it'rFa FEW'hi- CIYCLLRK
S, Ft S Don W.Elliott,P.E.
City of Omaha OM!AF "`F� Public Works Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves the Subdivision Agreement between Torco Development, Inc.
and Mission Park Homeowners Association, Sanitary and Improvement District (S.&I.D.) 376 of
Douglas County,Nebraska and the City of Omaha. This Subdivision Agreement covers the public
improvement of Mission Park 2nd Addition, a subdivision located northwest of 168th and Harrison
Streets.
This Subdivision Agreement stipulates which public improvements will be built by S.&.I.D. 376, ,,
those which will be paid for by special assessment and those to be paid for by General Obligation ' — I
of S.&I.D. 376. The estimated total cost of improvements is$2,953,700.00 of which$1,377,600.00
will be paid by General Obligation. Included in the General Obligation costs is $273,000 for park
site acquisition for Lot 1, Mission Park 2nd Addition and for Lots 330, 331,332 and 333 of Mission
Park. Also included is$512,000 General Obligation expense forr park related improvements to the
property. If S.&I.D. 376 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.
' ,'N iNi , >--0-610( ��Z.� -7 g?.____, 2 Z,(4•°n
Don W. Elliott, P.E. Date ,.Planning Direct Date
Director
P roved: Referred to City Council for Consideration:
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Louis A. D'Ercole ! Date Mayors Office/Title Date
Acting Finance Director
prov •
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....,1 D. ks, Director D e
Parks, •ecreation and
Public Property Department -
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t SUBDIVISION AGREEMENT
This Subdivision Agreement, made and entered into this 5 day of
, 1997, by and between TORCO DEVELOPMENT, INC. , a Nebraska
cor ratfion, (hereinafter referred to as "Subdivider") , SANITARY AND IMPROVEMENT
DISTRICT NO. 376 of DOUGLAS COUNTY, NEBRASKA (hereinafter referred to as
"District") , MISSION PARK HOMEOWNERS ASSOCIATION, a Nebraska not-for-profit
corporation (hereinafter referred to as "Homeowners Association") , 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 Subdivider has caused ,to be formed Mission Park Homeowners
Association comprised of all lots within' the Area to be Developed; 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 Subdivider's sub-
division (Exhibit "A") which constitute building sites. Lot 1 shall be
developed as a public park and 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.
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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. 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 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 Depart-
ment) , as shown on 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, 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, a copy of which is attached hereto as 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 Metro-
politan 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) Sidewalks along 168th Street adjacent to Lot 1, will be installed as
a general obligation of the District.
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 inter-
sections, sidewalks described in Section IG. (4) above, and certain extra-
width and major street paving, either of which may be a general
obligation, as indicated in Exhibit "B". 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 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, except as noted in Exhibit
"D", 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 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. The cost attributable to
oversized utility mains designed to service areas outside the area to be
developed may be a general obligation 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
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obligation of the District, except as otherwise provided in this Agree-
ment.
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 mainte-
nance of telephone equipment.
J. Lot 1 shall be developed as a public park. The District shall purchase
the property within the public park as follows:
Land within the creek channel banks will be dedicated at
no cost to the District. Land within the 100 year flood
plain shall be sold to the District at $10,000.00 per
acre. All other land within the park area shall be sold
to the District at a price of $20,000.00 per acre.
Lot 1 contains 14.74 acres and shall be acquired for a
total cost of $197,300.00 plus soft costs not to exceed
15% of the purchase price or $29,595.00.
In addition Lots 330-333, inclusive, Mission Park, shall be purchased by
the District for park purposes for a total price of $27,000.00 which shall
be a general obligation of the District.
K. Improvements to the park shall be a general obligation of the District and
shall not exceed $512,000.00 including soft costs, unless otherwise
approved by the City. Exhibit "B" illustrates the proposed park
improvements.
SECTION III
Credit or funds of the District may be used to pay for any public im104
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provements 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 annexa-
tion 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 or fund any lawsuit to prevent any annexation
of property within the District by the City.
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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 con-
struction 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. Lot
1 is to be a public park and will not be assessed for public improvements
within the subdivision.
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 acquisi-
tion.
(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.
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 Equaliza-
tion will be convened on that date for the consideration of the levying of
special assessments and equalization and apportionment of debt.
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e
SECTION VI
A. The District covenants that it shall levy an annual tax levy sufficient to
fully comply with Nebraska Budget Act. Such annual tax levy shall, for a
period of ten (10) consecutive years after the creating of the District or
until District's debt is paid in full, whatever is the shorter period, not
be less than the City's immediately prior levy.
B. The District agrees to annually levy a minimum ad valorem property tax of
$.88 per $100.00 of taxable valuation for the tax collection years of
1997, 1998, and 1999.
C. On or about June 1, 1999, the fiscal agent and the City will jointly
prepare a cash flow projection by year of the existing and projected
financial capabilities of the District which shall include all phases of
development. The cash flow projection shall include, but not be limited
to existing and projected taxable valuation, a projected annual debt
service tax levy, existing and projected cash receipts, cash disbursements
and available balances in the debt service fund.
D. If the cash flow projection reveals that the District's present debt
service tax levy is insufficient to retire the existing and projected
future debt obligations, the District agrees to immediately and thereafter
begin levying a minimum debt service tax levy as established and in
accordance with the cash flow projection as proposed on or about June 1,
2000.
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
6
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 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, statue, 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 Agree-
ment 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. 1
I. The District expressly agrees that it is and shall be:
(1) Bound by and to any provisions of any ordinances, rules and regu-
lations 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
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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 $76,500.00, for the construction of interceptor sewers. This fee is
computed as follows for the lots shown on the plat (Exhibit "A") .
Lots 2 through 151 single-family residential lots
@ $510.00 per lot. _ $76,500.00
TOTAL $76,500.00
Lot 1 shall be sold to the District as a public park and no sewer
connection fees shall be paid for this Lot.
B. Additional Plats.
In the event the Subdivider shall plat additional lots which will be in
the District which he wishes to connect to the Omaha sewer system, this
Agreement shall be amended by the parties to provide payment of the
current fee for the additional lots before any sewer permits are issued by
the City of Omaha.
C. Special Sewer Connection Fee.
The District and the City agree that payment made under Section IX-A of
this Agreement shall constitute a Special Sewer Connection Fee for the
area described in Section IX-A and shall be collected by the District as
a Special Sewer Connection Fee or shall be levied as a Special Assessment
against the real estate described in Section IX-A as follows:
(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 or levied as a
Special Assessment 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.
(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
8
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 -- South
Papillion Creek Watershed" for any lot listed in Section IX-A herein, by
the amount paid by the District for that lot pursuant to that section and
collected by the District from the party for whom the connection is made.
E. Issue of Sewer Permit.
No sewer permit will be issued by the City for any construction on any lot
in the area described in Section IX-A until proof is furnished to the City
of payment to the District of the Special Sewer Connection Fee or levy of
the Special Assessment for that particular lot as called for in
Section IX-A.
F. Audit of District's Records.
The City shall have access at all times to the District records for the
purpose of auditing the accounts pertaining to collection of the Special
Sewer Connection Fee.
G. Upon execution of this Agreement, the District shall make payment to the
City in cash or warrants immediately convertible into cash in the amount
as stated in Section IX-A of this Agreement. The City shall accept and
retain such monies to make progress payments for the design, construction
and construction supervision for building interceptor sewers.
SECTION X
A. Installation of entrance signs or related fixtures and any median land-
scaping 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. The maintenance of and construction of entrance signs, if
any, on these lots will be performed by the Subdivider or Mission Park
Homeowners Association.
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 "E". Costs for erosion control
shall be paid by Subdivider. PMRNRD must approve said plan prior to
City's engineers second signature.
E. This Subdivision Agreement shall be binding upon the parties, their
respective successors and assigns.
9
M1
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 •%j:,
By
C' k Mayo to
SANITARY AND IMPROVEMENT DISTRICT
ATTEST: NO. 376 OF DOUGLAS COUNTY, NEBRASKA
•
(iLA 9 By
Cl rk Chairman
TORCO DEVELOPMENT, INC., a Nebraska
ATTEST: corporation,
D6M9:)?fi_j-etrr - By
MISSION PARK HOMEOWNERS ASSOCIATION,
a Nebraska not-for-profit
ATTEST: corporation,
0660 eN By
410101017:77.5 -
APPROVED AS TO FORM:
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41110( :
C 25A . CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr March 18, 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,Torco Development,Inc. proposes to build a subdivision to-be known
as Mission Park 2nd Addition which will be located northwest of 168th and Harrison Streets; and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 376 will build public
improvements in this subdivision;and,
WHEREAS,Torco Development,Inc. and S.&I.D. 376 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. 376 agrees to pay $76,500.00 as a sewer connection fee to be
used for the construction of the sewers in the South Branch Papillion Creek Watershed; and,
WHEREAS, S.&I.D. 376 agrees to purchase Lot 1,Mission Park 2nd Addition and
Lots 330, 331, 332, and 333 of Mission Park for park purposes; 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 376 of Douglas County, Nebraska and Torco Development,Inc. and Mission
Park Homeowners Association, as recommended by the Mayor, providing for the public
improvements,park acquisition and sewer connection to the Omaha Sanitary Sewer System,is hereby
approved.
P:\W1\2691.PJM APPROVED AS TO FORM:
By
Councilmember S ANT CITY ATTORNEY
Adopted APR - 97
y CI
Approved..
Mayor
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