RES 1995-2675 - Subdivision agmt, Cherry Ridge Replat 2•
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October 3 1995
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4'41' �� C�:T%Y CLERK
FD FEBR
Honorable President • 1):M A` pia; 1, +3 F.ASK 4;
City of Omaha
Hal Daub,Mayor and Members of the City Council,
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Site 601 The attached Resolution approves the Subdivision Agreement between Celebrity
Omaha,Nebraska 68183-0601
(402)444-5220 Homes Incorporated, Sanitary and Improvement District (S.&I.D.) 380 of
Telefax(402)444-5248 Douglas County,Nebraska and the City of Omaha. This Subdivision Agreement
Michael J.DeSelm,P.E. covers the public improvement of Cherry Ridge Replat 2, a subdivision located
Acting Director Northwest of 108th Street and Military Road.
This Subdivision Agreement stipulates which public improvements will be built
by S.&.I.D. 380,those which will be paid for by special assessment and those to
be paid for by General Obligation of S.&I.D. 380. The estimated total cost of
improvements is $1,101,006.00 of which $231,699.00 will be paid by General
Obligation. If S.&I.D. 380 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
4.4/ found to be in conformance with the
Master Plan.
Michael J. DeSelm, P.E.
Acting Director ,. Steven Jense
Acting Planning Direct@K
Approved: Referred to the City Council for
Consideration: •
Louis A. D'Ercole Mayors Offic •
•
Acting Finance Director
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(Cherry Ridge Replat, Lots 163-254)
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SUBDIVISION AGREEMENT � /,�
THIS AGREEMENT, made and entered into this 7" day of
, 1995, by and between CELEBRITY HOMES, INC. , a Nebras a
Corporation, hereinafter referred to as "Subdivider") , SANITARY AND
IMPROVEMENT DISTRICT NO. 380 of DOUGLAS COUNTY, NEBRASKA, (HEREIN
AFTER 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 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; 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, financ
ing 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 Sub-
divider' s subdivision (Exhibit "A") which constitutes building
sites.
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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 1
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 Department) , as
shown on paving plan prepared by E & A Consulting Group, 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 E & A Consulting Group, 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 con-
struction 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" .
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 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 months from the date of execution
of this agreement) .
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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 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 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 any
public streets adjacent to the plat within three (3)
years of the recording of the subdivision plat.
(4) The sidewalks along Military Road will be installed with
concrete 5" thick and 10' wide and a 4 ' wide sidewalk
along Ida Street. This sidewalk will be installed with
the paving project as a general obligation of the
District.
SECTION II
The parties agree that the entire cost of all public improve
ments 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 devel-
oped, except for street intersections 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 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 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
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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, construction and maintenance of
erosion control improvements and related 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. 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 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 a general obligation. Also, the costs of removal of
the entire sedimentation basin at the appropriate time may be
a general obligation.
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K. The entire cost of the relocation of the William gas pipeline
shall be paid for privately.
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.
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
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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 con-
tracts the provisions required by the regulations of the City
pertaining to construction of public improvements in subdivi
sions 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
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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 engi-
neering 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 Equaliza-
tion 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 assess-
ments 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 the tax collection years through the year
that all district warrants can be paid on a cash basis
and/or 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
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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, 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 obligation 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 speci-
fied, 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 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 ordi-
nances, 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 sewersystem of
the District may be made, a permit shall be obtained for said
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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 stan-
dards 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 appli-
c a -
ble ordinance, 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 notpaid or agreed to payanycompany or person, other
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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 Agree-
ment 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.
I . 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 Inspec-
tions 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 for the
fee in the amount of $61, 934 . 40 for the construction of
interceptor sewers. This fee is computed as follows for the
lots shown on the plat (Exhibit "A") .
Lots 163-254 , Inclusive, @ $673 . 20/Lot = $61, 934 .40
If the area is replatted or the use of the lots is changed, the fee
charged shall be changed by the City on the basis of the wastewater
flow 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 addi-
tional 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:
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(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 of real
estate or levied as a Special Assessment in the amount
as 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.
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 construc-
tion 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.
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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 convert-
ible 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 mainte-
nance 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 River
Natural Resources District must approve said plan prior to
City Engineer's second signature.
E. This Subdivision Agreement shall be binding upon the parties,
their respective successors and assigns.
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IN WITNESS WHEREOF, we the executing parties, by our respec-
tive duly authorized agents, hereby enter into this Agreement,
effective on the day and year first above written.
ATTEST: / CITY OF OMAH'
o 3—
'ETY MAYOR Dat
ST: SANITARY AND IMPROVEMENT
DISTRICT NO. 380 OF DOUGLAS
COUNTY, N RASKA
Clerk C irman Date
CEL BRITY ES, INC.
Gale . Larsen, President
APPROVED AS TO FORM
S ST ' I Y ATTORNEY at
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g25A .
f CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr October 3, 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Celebrity Homes Incorporated proposes to build a subdivision to be
known as Cherry Ridge Replat 2 which will be located Northwest of 108th Street and Military Road; .
and,
WHEREAS, Sanitary and Improvement District (S.&I.D.) 380 has been formed to
build public improvements in this subdivision; and, .
WHEREAS, Celebrity Homes Incorporated and S.&I.D. 380 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. 380 agrees to pay $61,934.40 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 between the City of Omaha, Sanitary and
Improvement District 380 of Douglas County, Nebraska and Celebrity Homes Incorporated, as
recommended by the Mayor, providing for the public improvements and sewer connection to the
Omaha Sanitary Sewer System,is hereby approved.
P.\PW\2360.SKZ APPROVED AS TO FORM:
i< A eANT CITY ATTORNEY
By isfri.
Councilmember
Adopted OCT 2 99b 9
City Cl „.1„:„,.. 430
Approved D ,ff
Mayor
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